09-B-0023 Amnd0002.PDF

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC:MICHELLE L. JOHNSON

WANAMAKER BLDG

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W25PHS91104901

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

THE BID OPENING DATE IS EXTENDED TO 10 SEPTEMBER 2009 at 2:00 P.M., LOCAL TIME.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU-09-B-0023

X 9B. DATED (SEE ITEM 11)

04-Aug-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) RECOVERY—MAINTENANCE DREDGING Sta. 99+000 to Sta. 250+440, INLAND WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, DE AND MD

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

28-Aug-2009

CODE

US ARMY ENGINEER DIS RICT, PHILADELPHIT A

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

4. REQUISITION/PURCHASE REQ. NO.

CODE W912BU E5CTCMLJ7. ADMINISTERED BY (If other than item 6)

CODE FACILITY CODE

EMAIL:TEL:

Amendment No. 0002

IFB W912BU-09-B-0023

14. DESCRIPTION OF AMENDMENT (continued)

a. BIDDING SCHEDULE: Please delete this section in its entirety and substitute the revised Bidding Schedule annotated Amendment No.

0002, attached hereto.

b. SECTION 00800 – SPECIAL CLAUSES: Please delete Section 00800, in its entirety, and substitute revised Section 00800 annotated Amendment No. 0002, attached hereto.

c. SECTION 00830 – SURVEY CONTROL DESCRIPTION SHEETS: Please delete Section 00830 page 1 in its entirety and substitute revised Section 00830 page 1 annotated Amendment No. 0002, attached hereto.

d. SECTION 35 20 23 – DREDGING: Please delete Section 35 20 23, in its entirety, and substitute revised Section 35 20 23 annotated Amendment No. 0002, attached hereto.

e. CONTRACT DRAWINGS:

(1) Please delete drawings 64273, 64274, 64275, 64276, 64277, and 64287 in their entirety.

(2) Please make a pen and ink change to drawing 64271 to delete drawings 64273 to 64277, and 64287, from the List of Drawings.

(3) Please make a pen and ink change to the remaining drawings deleting all reference to Option 1. This change shall constitute a revision dated 28 August 2009 to the affected drawings.

f. Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0002. Failure to acknowledge all amendments may be cause for rejection of the bid.

This page was intentionally left blank for duplex printing.

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

Base Bid

1. Mobilization & Demobilization (Sta. 162+000 to Sta. 250+440) 1 JOB L.S. $____________

2. Removal and Satisfactory

Disposal of Material (Sta. 210+000 to Sta. 250+440) 1,054,393 CY $_____ $____________

3. Recovery Removal and

Satisfactory Disposal of Material (Sta. 162+000 to Sta. 210+000) 449,640 CY $_____ $____________

TOTAL ESTIMATED BASE BID $_________________

NOTES:

1. Acceptance sections have historically experienced shoaling and/or scouring between the specification’s surveys and the before-dredging surveys. The bid quantity is based on historical data.

2. Bidders must bid on all items.

IFB W912BU-09-B-0043

SECTION 00800

INDEX

SPECIAL CLAUSES

PARA TITLE

SC-1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION

SC-3 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

SC-4 PHYSICAL DATA

SC-5 LAYOUT OF WORK

SC-6 PERFORMANCE OF WORK BY THE CONTRACTOR

SC-7 ENVIRONMENTAL LITIGATION

SC-8 SIGNAL LIGHTS

SC-9 CONTINUITY OF WORK

SC-10 FINAL EXAMINATION AND ACCEPTANCE

SC-11 SHOALING

SC-12 INSPECTION

SC-13 ACCOMODATIONS AND MEALS FOR GOVERNMENT INSPECTORS

SC-14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

SC-15 PERFORMANCE EVALUATION OF CONTRACTOR

SC-16 INSURANCE REQUIREMENTS

SC-17 LIMITATION OF GOVERNMENT'S OBLIGATION

Section 00800 Page 1

SPECIAL CLAUSES

SC-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to; (a) commence work under this contract within ten (10) calendar days after the date of receipt by him of notice to proceed, (b) commence actual dredging under this contract within fifteen

(15) calendar days after the date of receipt by him of notice to proceed,

(c) prosecute said work diligently, (d) complete the entire work, ready for use, not later than 120 calendar days after the date of receipt by him of notice to proceed. Notice to Proceed is scheduled to be issued on or about 15 October 2009.

DELETED

The time stated for completion shall include final cleanup of the premises.

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

a. If the Contractor fails to complete the work within the time specified in the contract, or any extensions thereof, the Contractor shall pay liquidated damages to the Government in the amount of $1,350.00 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (FAR 52.211-12)

SC-3 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG 2000)

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. The Contractor shall—

(1) Check the specifications and all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

c. In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of

Section 00800 Page 2 the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the specifications and the contract drawings identified on the following, all of which are on file in the office of the District Engineer, U.S. Army Engineer District, Philadelphia, Room 643, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107. Drawings are titled: "Maintenance Dredging Sta. 99+000 to Sta. 250+440, Inland Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland", and have the drawing numbers, subtitles, and dates as indicated on contract drawing Sheet 1, List of Drawings, Location and Vicinity Maps.

SC-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (FAR 52.236-4)

a. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

b. Tide Data. The following mean ranges of tides in the project waterway are approximate and reflect the NOAA Tide Table values for the following locations:

Pooles Island (Chesapeake Bay) 1.2 feet Chesapeake City (Back Creek) 2.7 feet Reedy Point (Delaware City) 5.5 feet

A table correlating mean low water to NAVD88 datum and MLLW is included as Section 00853 of this contract. The channel depths specified herein and shown on the drawings are referenced to COE Mean Low Water except for the drawings referencing Site 92 which refers to NOAA Mean Lower Low Water.

c. Weather Conditions. The site of the work is exposed. It is believed that work can be performed during all seasons of the year except during winter months when ice conditions may interfere with dredging operations.

Complete weather records and reports may be obtained from the local U.S.

Weather Bureau Office nearest to the work site. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the construction period.

d. Channel Traffic. Traffic in the work area consists of ocean going and coastwise vessels, tugs and barges, and pleasure craft. The traffic and vessels may interfere with dredging operations.

e. Conditions of Channel. The channel conditions shown on the contract drawings represent the results of surveys made on the dates indicated and can only be considered as indicating the general conditions at that time.

f. Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor is required to conduct the work in

Section 00800 Page 3 such a manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. The Contractor shall request the U.S. Coast Guard to issue a Notice to Mariners advising navigation interests that the Contractor's dredging plant will be operating in the project waterway. The Contractor shall submit this request to: Commander (OAN), Fifth Coast Guard District, Federal Building, 431 Crawford Street, Portsmouth, VA 23705. The Contractor shall furnish a copy of this request to the Contracting Officer not less than five days prior to the start of dredging. The Contractor shall also notify the U.S. Coast Guard of the approximate time required for completion of dredging. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore.

g. Navigation Aids. The Contractor shall not relocate or move any aids to navigation that have been established by the U. S. Coast Guard. If it becomes necessary to have any aid to navigation moved in order to complete dredging operations under this contract, the Contractor shall contact Mr.

Tom Flynn at (757)398-6229, and Mr. John Walters at (757)398-6230, email both Thomas.W.Flynn@uscg.mil and John.R.Walters@uscg.mil or FAX (757)398-6303 at least three weeks before the desired date for movement of the aid. The Fifth CG District (dpw) will coordinate all temporary relocations or discontinuances.

h. Location. The location of the work is in the Chesapeake and Delaware Canal, and the Upper Chesapeake Bay within the States of Delaware and Maryland.

i. Bridge and Utility Crossings:

(1) Bridges: The following bridges cross the project waterway. The vertical clearances stated are above mean low water.

Horizontal Vertical Bridge Clearance Closed Reedy Point Hwy. Bridge 565 ft 135 ft* St. Georges Hwy. Bridge 500 ft 135 ft* SR-1 St. Georges Bridge 450 ft 138 ft* Penn Central R.R. Bridge 522 ft 47.2 ft Summit Hwy. Bridge 558 ft 135 ft* Chesapeake City Hwy. Bridge 500 ft 135 ft*

* Fixed span

(2) Utility Lines: The locations and elevations of all known utility lines crossing the river are presented in the following table:

Location Description Elevation

Approximately 1.6 miles Aerial power wires Authorized east of St. Georges (Delaware Power & clearance 161 Bridge Light Co.) feet above MHW

Approximately 250 feet Submarine gas 55 feet below MLW west of St. Georges pipeline (Eastern across the

Section 00800 Page 4

Location Description Elevation Bridge Shore Natural Gas Co.) project channel

Approximately 0.7 miles Submarine fiber o`ptic 60 feet below MW east of railroad bridge communications conduit across the project (U.S. Army Corps of channel Engineers)

Approximately 90 feet Submarine fiber optic 60 feet below MW east of railroad bridge telephone conduit across the project (AT&T) channel

Approximately 0.8 miles Aerial gas pipeline 133 feet above MHW east of Summit Bridge (Eastern Shore Natural Gas Co.)

Approximately 0.8 miles Aerial power wires Authorized west of Summit Bridge (Delaware Power & clearance 157 Gas Co.) above MHW

Approximately 2.1 miles Aerial power wires Authorized west of Summit Bridge (Delaware Power & clearance 157 Light Co.) above MHW

Approximately 200 feet 2 submarine telephone 40 feet below east of Chesapeake City conduits (Chesapeake & MLW across Bridge Potomac Telephone Co.) project channel

The bridges and utilities provided above do not cross the areas to be dredged. The information is provided as general information only.

j. Laying of Submerged Pipelines and Obstruction of Channel. When it is necessary to cross any part of the navigation channel in order to access the disposal area from the dredging area, a submerged pipeline shall be used to cross the channel. If the submerged line is to be placed across a navigable channel, the Contractor shall submit a request for approval at least ten working days (Sundays and holidays excluded) prior to the desired closure date, to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395. A copy of each request shall be furnished to the Contracting Officer. This request shall contain the following information:

(1) Location (Channel Centerline Stationing) and depth (over the top of the pipeline) at which the submerged line will be placed;

(2) The desired length of time the channel is to be closed;

(3) The date and hour placement or removal will commence;

(4) The date and hour of anticipated completion; and

(5) The name and telephone number of the person to be contacted for information and response to any emergency condition.

The Coast Guard has indicated that the requirements of navigation may make it necessary to establish times other then those requested. IT SHALL BE

THE CONTRACTOR'S RESPONSIBILITY TO COORDINATE HIS PLANS WITH THE COAST

GUARD SUFFICIENTLY IN ADVANCE OF THE PLANNED CLOSING TO PREVENT DELAY TO

Section 00800 Page 5

THE DREDGING OPERATIONS AND COMPLY WITH THE COAST GUARD REQUIREMENTS. The minimum depth to the top of any submerged pipe crossings of the navigation channel(s)shall not be less than the required depth of the navigation channel the pipe traverses.

k. Bridge to Bridge Radio Telephone Equipment. In order that radio telephone communication may be made with passing vessels, all dredges engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio telephone equipment. The radio telephone equipment shall operate on VHF Channel 13 (156.65 MHz) with low power output having a communication range of approximately ten miles. The frequency has been approved by the Federal Communication Commission.

l. The disposal areas available for this contract are:

(1) Overboard Disposal Area: Site 92 in the Upper Chesapeake Bay, as shown on the contract drawings (Sta. 162+000 to Sta. 250+440).

(2) DELETED

m. The most recent dredging of this project (Sta. 0+000 to Sta. 99+000 and Sta. 163+655 to Sta. 250+440) was completed under Contract W912BU-08-C-0045 by Great Lakes Dredging and Dock Company. The most recent dredging of this project (Sta. 163+655 to Sta. 250+440) was completed under Contract W912BU-07-C-0026 by Norfolk Dredge Company.

n. "Abstract of Bottom Samples" are included as Section 00840 of this contract.

o. Survey control description sheets are included as Section 00830 of this contract.

p. Bottom samples of material are available at the Fort Mifflin Project Office, Fort Mifflin, PA, (adjacent to the Philadelphia Airport). Contact Mr. Rich DiMeo at 215-656-6795.

q. Magnitude of Contract Work. The estimated value of the contract work is between $10,000,000 and $25,000,000.

r. A survey of the Site 92 disposal area was performed in February, 2009.

The xyz survey data file titled "Site_92_Feb_2009.xyz", is available for use under this project on www.FBO.gov.

SC-5 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-provided channel coordinates and survey control points, furnished as part of each work assignment. The Contractor shall furnish, at its own expense, such stakes, templates, platforms, equipment, range markers and labor as may be required in laying out any part of the work, from the channel coordinates and surveying benchmarks furnished by the Government and shall be responsible for all measurements in connection therewith. If any Government control is found disturbed or destroyed, this must be communicated to the Philadelphia District Surveys Branch through the COR before any control is re-established. The Contractor shall be responsible for executing the work to such lines and grades as may be established or indicated by the Contracting Officer. The Contractor shall have real time differential GPS positioning in accordance with the Corps surveying manual, EM 1110-2-1003, Section 00800 Page 6 for class 1 survey requirements for dredge positioning. The Contractor shall provide real time positioning on a computer screen during dredging, and have the capability of playback in 15 minute intervals. The position must be recorded on disk every 15 minutes and submitted to the Contracting Officer on a daily basis.(CENAP)

SC-6 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least forty (40) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-1)

SC-7 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of the contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the SUSPENSION OF WORK clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment. (CENAP)

SC-8 SIGNAL LIGHTS (FEB 1983)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels (33 CFR 88), as applicable. (CENAP)

SC-9 CONTINUITY OF WORK (APR 1965 OCE)

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is

Section 00800 Page 7 secured in the whole of such area, unless prevented by ledge rock, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed. (CENAP)

SC-10 FINAL EXAMINATION AND ACCEPTANCE (APR 1965 OCE)

a. As soon as practicable after the completion of the entire work or any section thereof (if the work is divided into sections) as in the opinion of the Contracting Officer will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination the Contractor will be required to remove same by dragging the bottom or by dredging at the contract rate for dredging, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoal may be waived by the discretion of the Contracting Officer. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition, it will be accepted finally. Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of such third and any subsequent sounding or sweeping operations will be charged against the Contractor. The rate for each day in which the Government plant is engaged in such sounding or sweeping operations and/or is enroute to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $ 3,300.00, except on Saturday, Sunday and holidays when the rate shall be $ 3,700.00.

b. Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

(CENAP)

SC-11 SHOALING (1965 APR OCE)

If before the contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, redredging at contract price, within the limits of available funds, may be done if agreeable to both the Contractor and the Contracting Officer. (CENAP)

SC-12 INSPECTION (DEC 1996)

The presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

Section 00800 Page 8

a. To furnish, on the request of the Contracting Officer or any inspector, the use of such boats, boatmen, laborers, a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

b. To furnish, on the request of the Contracting Officer or any inspector, suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant and to and from the disposal areas.

Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting officer, and the cost thereof will be deducted from any amounts due or to become due the Contractor. (CENAP)

SC-13 ACCOMMODATIONS AND MEALS FOR GOVERNMENT INSPECTORS (1965 APR OCE)

a. The Contractor shall furnish regularly to Government inspectors on board the dredge or other craft upon which they are employed a suitable separate room for office purposes. The room shall be fully equipped and maintained to the satisfaction of the Contracting Officer; it shall be properly heated, ventilated, and lighted, and shall have a desk which can be locked, a chair for each inspector, and washing conveniences. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the contract price. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the Contracting Officer, and the cost thereof will be deducted from payments to the Contractor.

b. If the Contractor maintains on this work an establishment for the subsistence of his own employees, he shall, when requested, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer. The meals furnished will be paid for by the Government at a rate of $5.00 per person for each meal. (CENAP)

SC-14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995) - EFARS

a. This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by the Contractor or sub-contractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial or series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Regions I and II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward

Section 00800 Page 9 pricing, the schedule in effect at the time of negotiations shall apply.

For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. This data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(EFARS 52.231-5000)

Note #1: The small purchase threshold is $100,000.

Note #2: By submitting cost or pricing data, the Contractor grants to the Contracting Officer (or authorized representative) the right to examine those books, records, documents, and/or other supporting data that will permit evaluation of the proposed equipment costs. This right shall extend for 2 years after expiration of contract performance. After price agreement, the Contractor shall certify that the equipment cost or pricing data submitted are accurate, complete and current.

SC-15 PERFORMANCE EVALUATION OF CONTRACTOR (1985 JAN HQ USACE)

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The format for the evaluation will be DD Form 2626, and the Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD contracting offices for their future use in determining Contractor responsibility, in compliance with DFAR 236.201(c)(1). (CENAP)

SC-16 INSURANCE REQUIREMENTS

Evidence of the following types of insurance shall be provided to the Contracting Officer prior to commencement of work and shall be maintained throughout the period of performance.

a. General Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $500,000 per occurrence.

b. Automobile Liability Insurance (Comprehensive form of policy): Bodily

Section 00800 Page 10

Injury Liability - $200,000 per person and $500,000 per accident. Property Damage Liability - $20,000 per accident.

c. Workmen's Compensation and Employer's Liability Insurance: Compliance with applicable workmen's compensation and occupational disease statutes is required. Employer's liability coverage in the minimum amount of $100,000 is also required."

d. Applicable Marine Casualty and Marine Workmen's Compensation Insurance:

As appropriate for this contract.

SC-17 LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)

a. Contract line item(s) 1 through 4 are incrementally funded. For these item(s), the sum of $200,000 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

b. For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government". As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

c. Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

d. When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this

Section 00800 Page 11 clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

e. If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

f. The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

g. The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default". The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

h. Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

i. Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

j. The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ 200,000

October 17, 2009 $ 1,200,000

November 17, 2009 $ 2,200,000

December 17, 2009 $ 4,200,000

(DFAR 252.232-7007)

-- End of Section --

Section 00800 Page 12

8 July 2009

MAINTENANCE DREDGING

INLAND WATERWAY DELAWARE RIVER TO CHESAPEAKE BAY

162+000 TO 250+440 TIDE GUAGES

TO BE USED BY ACCEPTANCE SECTION

The following gauges only are to be used for this contract.

BASE

AS 1 TO AS 6 BM BURRS

AS 7 TO AS 13 BM STILLPOND #1

AS 14 TO AS 17 BM HP95

AS 18 TO AS 22 BM OAKS

DELETED

Amendment No. 0002

Section 00830 Page 1

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 WORK COVERED BY CONTRACT PRICE

The contract price per cubic yard for dredging shall include the cost of removal and disposal of all materials as specified herein or indicated on the drawings, with the exception of ledge rock, large boulders, rock fragments, wrecks, snags, stumps, and piles which cannot be removed or buried below project depth without blasting. Should ledge rock or other material which cannot be removed without blasting be encountered, the Contractor shall remove therefrom all overlying material which in the judgment of the Contracting Officer can be removed. Nothing in this paragraph shall be construed as prohibiting the removal of excepted material by special means at prices agreed upon and approved in accordance with the Contract Clause entitled: "DIFFERING SITE CONDITIONS".

1.2 REFERENCES

The publications listed below form a part of these specifications to the extent referenced. The publications are referred to in the text by their basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008) U.S. Army Corps of Engineers Safety and Health Requirements Manual

EM 1110-2-1003 (2002, Change 1 - 2004) Hydrographic Surveying Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 156 (2008) Navigation and Navigable Waters, Oil and Hazardous Material Transfer Operations

1.3 ORDER OF WORK AND DREDGING RESTRICTIONS

Base Bid dredging will be required from Station 162+000 to 250+440.

Dredging of material under this contract shall only be performed by bucket dredging with bottom dumping scows. Dredging material to be disposed of in the overboard disposal area and any redistribution of dredged material shall only be performed from 1 October through 31 March.

1.4 CHARACTER OF MATERIALS

a. The material to be removed, to restore the depth to within the limits called for in the specifications and Contract Drawings, is that composing the shoaling which has occurred since the channel was last dredged as noted in the Special Clauses. The character of the material is believed to be as indicated by the results of Government-conducted sampling. Abstract of bottom samples are included as Section 00840 ABSTRACT OF BOTTOM SAMPLES.

The materials consist mainly of silt, with some clay, sand and gravel.

Samples of material are available for inspection at the Fort Mifflin Project Office, Fort Mifflin, PA, (adjacent to the Philadelphia

Section 35 20 23 Page 1

International Airport).

b. It is the Government's position that sufficient information has been provided in this contract package to enable the Contractor to establish the type and quantity of material to be removed. However, prior to bidding, the Contractor may, at his discretion and expense, conduct additional investigation to further determine conditions at the site.

1.5 SITE CONDITIONS

Bidders are expected to examine the site of the work, including the disposal areas and decide for themselves as to the conditions affecting their operations. See the Contract Clause entitled: SITE CONDITIONS AND CONDITIONS AFFECTING THE WORK. The entire work site is designated as a hard hat area in accordance with EM 385-1-1.

1.6 FUEL OIL HANDLING

The Contractor shall assure that all fuel oil transfer operations to or from his plant comply with all Federal, state, and municipal laws, codes and regulations. The Contractor shall incorporate in his accident prevention program, submitted in compliance with the Contract Clause entitled: ACCIDENT PREVENTION, sufficient information to demonstrate compliance with 33 CFR 156 and any other applicable laws, codes, and regulations.

1.7 DIFFERENTIAL GLOBAL POSITIONING SYSTEM (DGPS) EQUIPMENT

The Contractor must have a differential GPS, and shall conduct his survey work in accordance with the requirements for a Class 1 Survey, as defined in the U.S. Army Corps of Engineers Hydrographic Surveying Manual EM 1110-2-1003, dated 1 April 2004. The Contractor shall provide real time DGPS position of the dredge, on a computer screen during dredging operations, and have the capability of playback in 15 minute intervals. The position must be recorded on a disk every 15 minutes and submitted to the Contracting Officer on a daily basis. For bucket dredging with bottom dump scows, the Contractor must have pressure differential gages and DGPS to record drop locations of the dump scows. The DGPS position of the dredge and each dump scow at the time the dump scow discharges shall be automatically recorded.

1.8 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

NOTE: Any submittals classified as "SD-01 Preconstruction Submittals" are submittals required to be submitted to, and approved by, the CO prior to mobilization to the contract work site. All other submittals, classified as "SD-02" through "SD-11," shall be submitted to, and approved by, the CO prior to commencing the particular task to which the submittal is associated.

SD-01 Preconstruction Submittals

Overboard Disposal Area Operations Plan; G,COR

Section 35 20 23 Page 2

For the dredging work between Stations 162+000 and 250+440, the Contractor shall submit to the Contracting Officer for approval, at or before the Pre-Dredging Coordination meeting, a complete operations plan describing the proposed dredging and placement activities in the overboard disposal area, based upon the surveys and requirements within the contract specifications. This plan must include, as a minimum, a gridded layout of the overboard disposal area, labeled with an order of placement and proposed scow placement locations. Approval to proceed with placement operations will be granted after the overboard disposal area operations plan has been approved. Any changes to the agreed upon operations plan must be officially submitted and approved prior to implementation by the Contractor.

Vessel and Equipment List; G,COR

The Contractor shall submit for approval a complete list of all vessels and equipment to be used during the contract, including all dredging plants, supporting vessels, and equipment. The vessel and equipment list shall contain the types, the numbers of each, the draft of each, and all other pertinent information. The Contractor shall list the survey vessel, survey crew, type of survey equipment, and software that will be used.

SD-06 Test Reports

Daily Report of Operations; G,COR

The Contractor shall prepare, maintain, and submit daily for approval, Daily Report of Operations forms, and shall furnish signed copies thereof with the Quality Control Reports required in SECTION 01 45 041 CONTRACTOR QUALITY CONTROL (CQC), to the Contracting Officer. Daily Reports of Operations shall be faxed daily to the U.S. COE Philadelphia District Office. Copies of the Daily Report of Operations forms to be used are attached at the end of this section. Further instructions on the preparation and submittal of the forms will be provided at the Pre-Dredging Coordination Meeting. Submittals for the Daily Report of Operations are available to the public.

Daily Log of Surveys Performed; G,COR

When the Contractor conducts his own surveys of the contract work, he shall maintain a daily log of surveys performed. A sample is included at the end of this section. (The log need only be maintained on those days on which surveys are performed.) The logs shall be submitted weekly. The log shall include the area surveyed, the tide gauge used, and the calibrations performed (e.g. barchecks, SV probes).

DGPS Position

Records of position during dredging and overboard disposal operations shall be recorded on disk every 15 minutes and submitted to the Contracting Officer on a daily basis.

Scow Discharge Report

Section 35 20 23 Page 3

Contractor shall submit daily the scow discharge report. Sample report is shown at the end of this section. Report shall be faxed daily to the U.S. Army COE Philadelphia District Office.

1.9 GOVERNMENT PLANT

Government plant may perform dredging or use disposal sites in any assignment area during the time of this contract.

1.10 GOVERNMENT QUALITY CONTROL MONITOR

The Government may place a Government monitor aboard the Contractor's dredge or supporting vessels to monitor quality control conditions during dredging and disposal operations.

PART 2 PRODUCTS

(NOT USED)

PART 3 EXECUTION

3.1 SPECIAL REQUIREMENTS FOR OPERATIONS WITHIN RESTRICTED WATERS

If the Contractor's overboard disposal operations plan calls at any time for any of his operations to enter the restricted waters of the Aberdeen Proving Ground, the Contractor shall provide Aberdeen Proving Ground with the necessary communications equipment to maintain radio contact with the dredge or any of the Contractor's vessels. The equipment shall be installed in B-Tower Building #646. Entry into the restricted waters of Aberdeen Proving Ground shall be on a non-interference basis with the test operations. Test operations are conducted on Monday through Friday from 8:00 am to 4:30 pm. Normally, the restricted waters will be open during the following periods:

(1) Mondays through Thursday - 5:00 pm to 7:30 am;

(2) Saturday and Sunday - 5:00 pm Friday to 7:30 am Monday; and,

(3) National Holidays - 5:00 pm on the day before the holiday until 7:30 am the day after the holiday (State holidays excluded).

3.2 STATUS UPDATE MEETINGS

Status update meetings between the Contractor, the Philadelphia District, and the State of Maryland shall be required. These meetings will take place at agreed upon intervals during the contract to discuss the placement activities as originally planned by the Contractor, proposed changes to the Contractor's operations plans and overall progress of the maintenance dredging contract (i.e. before and after surveys and overboard disposal area placement progress surveys). The first meeting will take place during the Pre-Dredging Coordination meeting or immediately proceeding any dredge activity.

As required in Paragraph entitled: "SUBMITTALS", the Contractor shall submit at or before the Pre-Dredging Coordination meeting the complete overboard disposal area operations plan.

Section 35 20 23 Page 4

3.3 DISPOSAL OF EXCAVATED MATERIAL

3.3.1 General

The material excavated from Station 162+000 to Station 250+440 shall be transported to and deposited in the overboard disposal area known as Site 92 in the Upper Chesapeake Bay, as specified herein and as shown on the contract drawings. Deposition of material shall be by bottom dump scows only. Placement of material is restricted to -14 feet MLLW by the West Sailing Course due to concerns of potential sediment transport. All material must be placed in such a manner as to be completely contained (including side slopes) within the site boundaries.

3.3.2 Misplaced Material

Any material deposited in places other than those designated or approved by the Contracting Officer, or which escapes from such places, is prohibited.

The Contractor may be required to remove such misplaced material in accordance with the Contract Clause entitled: "OBSTRUCTION OF NAVIGABLE WATERWAYS", and deposit it where directed, at the Contractor's expense.

3.3.3 Government…