AmendNo.0005 SPECS.pdf

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Amendment No. 0005 Invitation for Bids

W912BU-12-B-0012

14. DESCRIPTION OF AMENDMENT (continued)

a. GENERAL NOTE - The following specification sections have been amended. Some pages have been provided that contain no changes in order to enable double-sided printing, or to provide information that has moved as a result of changes that were made on other sheets. All pages have been annotated with “Amendment No. 0005” in the header. All revisions are shown in bold italics.

b. SPECIFICATIONS - Please delete the following specification sections or pages in their entirety and substitute new sections or pages of the same title and number attached hereto, unless otherwise described.

(1) SECTION 00800 – SPECIAL CLAUSES, Pages 2 through 13

(2) SECTION 35 31 00 - BEACHFILL, Pages 3, 4, 10 and 11.

c. CONTRACT DRAWINGS - Please delete previously issued drawing sheet CO-104, originally dated 30 July 2012 and substitute revised drawing sheets of the same number, with a revision date of 29 August 2012, attached hereto.

d. Please indicate receipt of this amendment on Standard Form 30 (AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT) as Amendment No. 0005. Failure to acknowledge all amendments may be cause for rejection of the offer.

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SECTION 00800

SPECIAL CLAUSES

SC-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

There will be a phased Notice to Proceed procedure used for this project.

The initial notice to proceed will be issued on or about 3 October 2012, subject to the Government's receipt and approval of the required administrative documents, such as payment bonds and performance bonds. The initial notice to proceed will be issued to allow the Contractor to begin the process to obtain the pre-placement condition survey work for Brigantine Island. The Contractor shall be required to:

(a) submit to the Contracting Officer's Representative (COR) all preconstruction submittals (Category SD-01) necessary for survey work not later than 10 calendar days after the date of receipt by him of the initial notice to proceed, to include: (i) "Qualifications" and "Surveying Procedures and Equipment" per Section 01 71 23 SURVEY REQUIREMENTS; (ii) "Qualifications of Safety Personnel," "Accident Prevention Plan (APP)" and "Activity Hazard Analysis (AHA)", at a minimum as they pertain to surveys, per Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS; (iii) "Qualifications of Quality Control Personnel" and "Contractor Quality Control (CQC) Plan," at a minimum for all survey definable features of work, per Section 01 45 05 CONTRACTOR QUALITY CONTROL (NOTE: If any of these submittals are site-specific, the site shall be clearly indicated in the submittal documents);

(b) upon receipt of Government approval of the preconstruction submittals required by Item (a), commence pre-placement condition surveys, before-dredging surveys of the borrow area(s) (See Section 01 71 23), provision of the Government field office for this site and submission of all remaining preconstruction submittals required for the Brigantine Island Base Bid work, to include the final APP, final CQC Plan and related qualifications, if not already submitted per Item (a);

(c) prosecute said work diligently; and

(d) complete, and submit to the Government as defined in Sections 01 71 23 SURVEY REQUIREMENTS and 01 33 00 SUBMITTAL PROCEDURES, the pre-placement condition surveys, the before-dredging surveys and the preconstruction submittals required by Item (b) above, not later than 14 calendar days after receipt of Government approval of the preconstruction submittals for survey work required by Item (a).

Upon final Government approval of the before-dredging surveys, the pre-placement condition surveys and all of the preconstruction submittals specified in Item (b) above, AND after the preconstruction CQC Conference and the preconstruction Safety Conference have been conducted, AND once the Government field office is complete and ready for occupancy as determined by the Contracting Officer's Representative (COR) (see Section 01 50 00), the Government will issue the second notice to proceed for the balance of the contract Base Bid work. The Contractor shall:

(e) commence the balance of the Brigantine Island Base Bid work within 14 calendar days after receipt of the second notice to proceed;

Section 00800 Page 2

(f) commence all remaining work under this contract as required by the approved project schedule and in compliance with all construction schedule restrictions specified herein and throughout the contract plans and specifications;

(g) complete all required dredging for Brigantine Island prior to commencing dredging for Great Egg Inlet and Peck Beach (heretofore also to be known as Ocean City);

(h) similar to what was done for Brigantine Island, prosecute the order of work and contract submittal requirements described in Items (a) through (d) above, and the unlettered paragraph immediately following Item (d), for Ocean City, with the following exceptions:

(h1) substitute "Ocean City" for every instance where "Brigantine Island" appears in those paragraphs;

(h2) no separate notice to proceed will be issued for the work associated with Ocean City, therefore, the balance of the work for Ocean City will be permitted to commence once the requirements of the paragraph immediately following Item (d) are met as verified by the COR;

(i) prosecute all work diligently; and

(j) complete all work ready for use no later than 1 March 2013.

The only acceptable exception to this completion time, if necessary, will be the dune grass planting and associated fertilizing, which shall be completed during the approved planting and fertilizing windows specified in Section 32 92 00 SAND FENCE AND DUNE GRASS.

It will be the responsibility of the Contractor to determine the scheduling necessary to ensure there are no dredging delays.

The Contracting Officer has the right to exercise any one of, or any combination of, Options 1, 2, or 3 within 14 calendar days after Government approval of the pre-placement condition surveys for the Brigantine Island portion of the Base Bid.

The Contracting Officer has the right to exercise any one of, or any combination of, Options 4 through 13 within 14 calendar days after Government approval of the pre-placement condition surveys for the Ocean City portion of the Base Bid.

The contract will not be extended if any or all of Options 1 through 13 are awarded.

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, the Contractor shall pay liquidated damages to the Government in the amount of $3,900.00 for each calendar day of delay until the work is completed or accepted.

Section 00800 Page 3

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 LIMITATION OF GOVERNMENTS OBLIGATION (MAY 2006)

(a) Contract Line Items 1 through 8 are incrementally funded. For these items, the sum of $7,000,000 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 item(s) 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 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

Section 00800 Page 4 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:

Upon execution of contract $7,000,000

October 15, 2012 Remaining contract amount

(DFAR 252.232-7007)

SC-4 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 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

Section 00800 Page 5 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 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 provided, all of which are available in electronic bid set format on the internet at the following address: https://www.fbo.gov. Drawings are titled: "Beach Nourishment, Brigantine Inlet to Great Egg Harbor Inlet, Brigantine Island, Atlantic County, New Jersey & Great Egg Harbor Inlet and Peck Beach, Ocean City, New Jersey" and have the drawing numbers and subtitles as indicated on contract drawing Sheet CS-100, Cover Sheet.

(DFARS 252.236-7001)

SC-5 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 contract drawings are the result of site investigations by surveys. Samples of materials to be dredged for beachfill were obtained by using vibracore samplers.

b. Weather Conditions. The site of the work is in the open ocean and is exposed to storms. However, safe refuge from the ocean is available in Great Egg Harbor which is immediately adjacent to the Ocean City work site and approximately eleven to fourteen miles from the Brigantine work site.

It is believed that work can be performed during all seasons of the year except during winter months when ice and storm 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.

c. Channel Traffic. Traffic in the work area consists of ocean going and commercial fishing, sport fishing vessels, U.S. Coast Guard vessels, and recreational craft. The traffic and vessels using, Brigantine, Absecon and Great Egg Harbor Inlets may interfere with dredging operations.

d. 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 will be required to conduct the work in such 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 as 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 for each work assignment advising navigation interests that the Contractor's dredging plant will be operating in the area. The Contractor shall submit each such request to the U.S. Coast

Section 00800 Page 6

Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395. The Contractor shall furnish a copy of each request to the Contracting Officer not less than five days prior to the start of dredging.

Each request shall contain the approximate time required for completion of dredging. Upon completion of dredging, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters and on shore.

e. 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 notify the Fifth Coast Guard District (dpw) at least three weeks prior to the desired date for movement of the aid. To request a relocation, Contractors 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. When making a request by telephone, Contractors must speak to the designated points of contact. The leaving of voicemail messages will not be acceptable. The Fifth CG District (dpw) will coordinate all temporary relocations or discontinuances. A copy of each request shall be furnished to the Contracting Officer.

f. Transportation Facilities. The Brigantine work site is accessible from the New Jersey Garden State Parkway and the Atlantic City Expressway. The Ocean City work site is accessible from the New Jersey Garden State Parkway and U.S. Route 9. The Contractor shall be responsible for all investigations of load carrying capacities of bridges and roadways.

g. Location. Brigantine Island is located on the Atlantic Ocean coast of New Jersey in Atlantic County. The city of Ocean City is located on the Atlantic Ocean coast of New Jersey in Cape May County.

h. Laying of Submerged Pipelines and Obstruction of Channel. If it becomes necessary in the performance of this contract to use a submerged pipeline, the Contractor shall notify the Contracting Officer in advance of the scheduled for placement of the pipeline. 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. The Contractor

Section 00800 Page 7 shall coordinate his plans with the Coast Guard sufficiently in advance of the planned closing to prevent delay to the dredging operations and comply with the Coast Guard requirements. 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 THE DREDGING OPERATIONS

AND COMPLY WITH THE COAST GUARD REQUIREMENTS.

i. 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.

j. Survey control description sheets for Brigantine Island are included as Section 00830 of this contract. Survey control description sheets for Ocean City are included as Section 00832 of this contract.

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

l. Vibracore logs representative of the material to be dredged under this contract are provided in these specifications. Logs for the Brigantine borrow area are included in Section 00850. Those samples were collected in August 2004. Associated sieve curves are included in Section 00855. Logs for the Ocean City borrow area are included in Section 00852. Those samples were collected in December 1997, June 2004 and April 2006.

Associated sieve curves for the area are included in Section 00857.

m. New Jersey Shore Protection Study, Brigantine Inlet to Great Egg Harbor Inlet, Brigantine Island, Final Feasibility Report and Final Environmental Impact Statement, dated August 1998, are available for inspection in the Philadelphia District Office, Wanamaker Building, 100 Penn Square East, Philadelphia, PA. Arrangements for inspection of these documents shall be made by contacting Mr. Keith Watson, Engineering Management Branch, telephone number (215) 656-6287.

n. The Great Egg Harbor and Peck Beach, Ocean City, New Jersey, General Design Memorandum, and Final Supplemental Environmental Impact Statement, dated April 1989, and the Hydraulic Model Investigation, dated March 1974, are available for inspection in the Philadelphia District Office, Wanamaker Building, 100 Penn Square East, Philadelphia, PA. Arrangements for inspection of these documents shall be made by contacting Mr. Dwight Pakan, Engineering Management Branch, telephone number (215) 656-6785.

o. Inspection of the Site. Prospective bidders are expected to visit the work sites to acquaint themselves with the site conditions and any problems incident to the prosecution of the work.

SC-6 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the clause of the contract entitled "Permits and Responsibilities". However, if, in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood or hurricane, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound

Section 00800 Page 8 engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to Contract Clause entitled "Changes", will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damages to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of such damage. (CENAP)

SC-7 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-established survey controls, and shall be responsible for all measurements in connection therewith. 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 from the survey controls 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 promptly remove all stakes and markers at the completion and acceptance of work, as directed by the Contracting Officer.

(CENAP)

SC-8 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-9 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

Section 00800 Page 9 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-10 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 in navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels on the high seas (33 CFR 81 App. A), vessels in inland waters (37 CFR 84 and 33 CFR 88), as applicable. (DAEN-PRP Ind dtd 12 Sep 83)

SC-11 QUANTITY SURVEYS (APR 1984)

a. Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

b. The Contractor shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. All surveys shall be conducted in accordance with Section 01 71 23 SURVEY REQUIREMENTS of these specifications.

c. Promptly upon completing a survey, the Contractor shall furnish the required submittals (per Section 01 71 23 SURVEY REQUIREMENTS), the originals of all field notes, and all other records relating to the survey or to the layout of the work to the Contracting Officer, who will use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer. (FAR 52.236-16)

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 shall be required to furnish, on the request of the Contracting Officer or any inspector;

a. 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. However, the Contractor

Section 00800 Page 10 will not be required to furnish such facilities for the surveys, prescribed in the clause entitled "FINAL EXAMINATION AND ACCEPTANCE".

b. 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 borrow areas. Transportation requests may occur on a daily basis.

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 a suitable separate area for an office. A separate trailer on the dredge may be supplied in lieu of a room. The trailer must be securely lashed to the dredge and enclosed by railings. The room or trailer shall be fully equipped and maintained to the satisfaction of the Contracting Officer; it shall be properly heated, ventilated, lighted and insulated from noise, and shall have a desk which can be locked, a chair for each inspector, and washing conveniences. The entire cost of the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the cost of all the bid items. 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 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 and series, from 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 and series, 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," Region I. 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 pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect as of the time work was performed shall apply.

Section 00800 Page 11

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 costs 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. The data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet."

(EFARS 52.231.5000)

Note #1: The small purchase threshold is $150,000.

Note #2: By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. This right shall extend for two years after expiration of contract performance. After price agreement the Contractor shall certify that the equipment costs 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 2626, and the Contractor will be rated either outstanding, above average, satisfactory, marginal 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 DFARS 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 through the period of performance: Contractor shall co-insure the State of New Jersey and the City of Brigantine under General Liability Insurance, as noted below in paragraph (a).

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

In addition, the Contractor shall name the State of New Jersey, the City of

Section 00800 Page 12

Brigantine and the City of Ocean City as "Additional Insured" under their General Liability Insurance.

b. Automobile Liability Insurance (Comprehensive form of policy): Bodily 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 Insurance and appropriate Marine Workmen's Compensation Insurance.

SC-17 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in triplicate copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(CENAP)

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Section 00800 Page 13 signed copies thereof with the Quality Control Reports required in SECTION 01 45 00 CONTRACTOR QUALITY CONTROL (CQC), to the Contracting Officer. Daily Report of Operations forms shall be completed in the RMS system and submitted daily to the COR.

Samples of the types of Daily Report of Operations forms to be used are attached at the end of this section. Submittals for the Daily Report of Operations are available to the public.

Fuel Usage.

The Contractor shall furnish the Contracting Officer reports, to be received on or before the last day of each month, listing the totals of fuels consumed by the dredging plant and supporting vessels. The reports shall separately list the quantities of each type of fuel used. The reports shall cover the period from the 25th of the preceding month to the 25th of the current month.

Request to Adjust Template; G,DO

Submit documentation describing why the specified foreshore slope cannot be achieved in an area, and requesting permission to adjust the construction template, as specified herein. Documentation shall include the location, by project site and range of survey baseline stations, for which the request is being made.

1.4 SITE CONDITIONS

1.4.1 General

There are numerous obstructions in the project areas---including, but not limited to: existing bulkheads, dunes, stairs, groins (which are visible and hidden) and piles in the Brigantine area; existing a pier, dunes, groins (which are visible and hidden), some stone revetment, piles and a short stretch of boardwalk in the Ocean City area---which may effect placement of the beachfill. Bidders are expected to examine the site of the work in accordance with Contract Clause: SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK to determine the conditions affecting their operations. The entire work site is designated as a hard hat area in accordance with EM 385-1-1. Throughout the dredging operations the Contractor shall maintain close coordination with the U.S. Coast Guard.

1.4.2 Access and Limits of Work

Access to either of the beachfill sites is available only at the locations shown on the contract drawings. The Contractor shall note the limits of work shown on the contract drawings. The Contractor shall restrict all of the contract work and his equipment to within those indicated limits of work. In the areas of Brigantine Island where the promenade is located within the Contractor's limit of work, the Contractor will not be permitted to stage equipment on the promenade. In the areas where the boardwalk in Ocean City is located within the Contractor's work limit, the Contractor will not be permitted to stage equipment on the boardwalk. The staging area is located as shown on the contract drawings and shall be used for storing material and temporary construction facilities.

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1.5 BORROW MATERIAL

1.5.1 Location of Borrow Material for Brigantine Island

The location of the approved borrow area for Brigantine Island and the limits to which removal of material is permitted are shown on the contract drawings. The borrow area to be used for the beachfill is adjacent to Brigantine Island within Brigantine Inlet. Unless specifically directed by the Contracting Officer, no payment will be made for material removed below the maximum allowable depth plus 1-foot overdepth or from outside the approved borrow area limits, as indicated on the contract drawings.

1.5.2 Location of Borrow Material for Ocean City

The location of the approved borrow area for Ocean City and the limits to which removal of material is permitted are shown on the drawings. The borrow area to be used for the beachfill is located approximately 5,000 feet offshore, on the ebb shoal of the Great Egg Harbor Inlet. Unless specifically directed by the Contracting Officer, no payment will be made for material removed below the maximum allowable depth plus 1-foot overdepth or from outside the borrow area limits, as indicated on the contract drawings. If during the progress of the work it is determined that the borrow area does not contain a sufficient quantity of material for completion of the project, the Contracting Officer may adjust the maximum allowable depth of the borrow area. If this adjustment results in the Contractor pumping material of undesirable quality, the Contractor shall move to another location within the specified limits of the borrow area.

1.5.3 Character of Borrow Material for Brigantine Island

The character of the material in the borrow area for Brigantine Island is believed to be as indicated by the results of Government-conducted sampling. Vibrational core logs for this area are included in Section 00850 of these contract specifications. Associated sieve curves are included in Section 00855. The locations of the vibrational core holes in the borrow area are shown on the drawings. The information depicted on the vibrational core logs represents the results of subsurface explorations made on the dates indicated and can only be considered the conditions existing at that time.

1.5.4 Character of Borrow Material for Ocean City

The character of the material to be used for beachfill for Ocean City is believed to be as indicated by the results of Government-conducted sampling. Vibrational core logs for this area are included in Section 00852 of these contract specifications. Associated sieve curves are included in Section 00857. The locations of the vibrational core holes within and around the borrow area are shown on the drawings. The information depicted on the vibrational core logs represents the results of subsurface explorations made on the dates indicated and can only be considered the conditions existing at that time.

1.5.5 Maximum Allowable Depth for Removal

The maximum allowable depths for removal of material from the borrow areas are as indicated on the borrow area drawings. To cover the inaccuracies of the dredging process, the Contractor may remove material in the borrow area to a depth of not more than 1 foot below the maximum allowable depth.

Section 35 31 00 Page 4 them tested for grain size distribution in accordance with ASTM D 422. All testing shall be performed by a Corps of Engineers approved laboratory as specified in Section 01 45 00 CONTRACTOR QUALITY CONTROL. For Brigantine Island, samples shall be obtained at approximately elevation +3.00 NAVD 88 on the foreshore slope. For Ocean City, samples shall be obtained at approximately elevation +7.00 NAVD 88. The results of each test shall be recorded on ENG Form 2087, a copy of which is included in Section 00890 of this contract. The Contractor shall also record on ENG Form 2087 the location of the dredge within the borrow area and the depth of dredging at the time of placement of the sand sampled. Test results shall be submitted to the Contracting Officer within one week after completion of the laboratory testing.

3.4.3 Form Preparation

Instructions regarding the preparation of all required forms will be provided at the Contractor Quality Control Coordination Meeting.

3.5 MEASUREMENT AND PAYMENT

3.5.1 Mobilization and Demobilization

All costs connected with the mobilization and demobilization of the Contractor's plant and equipment required for placement of beachfill will be paid for at the contract lump sum price for these items as listed in the Bidding Schedule. Sixty percent (60%) of the lump sum price will be paid to the Contractor upon completion of his mobilization at the Brigantine work site. The remaining forty percent (40%) will be included in the final payment for work under this contract.

3.5.1.1 Contractor Furnished Cost Data

In the event the Contracting Officer considers that the amount in this item (sixty percent) which represents mobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid price. Failure to justify such price to the satisfaction of the Contracting Officer will result in the payment of actual mobilization costs, as determined by the Contracting Officer, at the completion of mobilization. The payment of the remainder of this item will be included in the final payment under the contract. The determination of the Contracting Officer in these circumstances is not subject to appeal.

3.5.1.2 Mobilization and Demobilization Costs for Base Bid

All costs in connection with the initial project mobilization and the final project demobilization of the Contractor's plant and equipment as defined below shall be included in the contract lump sum price for the Base Bid item entitled, "Mobilization and Demobilization" as listed in the Bidding Schedule.

a. Mobilization shall include all costs for operations accomplished prior to commencement of actual beachfill placement; that is transfer of all plant and equipment to the work site, initial installation of pipelines, and all other incidentals in advance of beachfill placement operations.

b. Demobilization shall include general preparation for transfer of the plant and equipment to the Contractor's home or standby base, removal of

Section 35 31 00 Page 10 pipelines, cleanup, and the transfer of plant and equipment to the home or standby base.

c. All costs in connection with the additional mobilization and demobilization of the Contractor's plant and equipment required for placement of beachfill in the Ocean City work area, under the Base Bid, shall be included in the contract unit price per cubic yard for the Ocean City Base Bid item entitled "Beachfill."

3.5.1.2.1 Mobilization and Demobilization Costs for Options

All costs in connection with any additional mobilization and demobilization of the Contractor's plant and equipment required to perform the Option Bid Items entitled "Beachfill," shall be included in the contract unit price per cubic yard for the respective Option Bid Items entitled "Beachfill."

3.5.2 Placement of Beachfill

All beachfill material placed in the designated areas, and placed to the lines and grades shown on the contract drawings and within the tolerances specified herein, will be measured for payment by the cubic yard in place on the beach. Payment will be made at the contract unit prices per cubic yard for the Base Bid and Option Items entitled "Beachfill." Payment for the Base Bid Items shall also include, but not be limited to, full compensation to the Contractor for removing all existing debris (including sand fence, posts, wood and any other miscellaneous items), performing all project surveys, providing public safety personnel, and performing all material testing required. If the Contractor fails to remove boulders, cobbles, clay balls, or other debris from the beach, that completed fill section will not be accepted for payment.

a. The total number of cubic yards placed will be computed by the average-end-area method from the before- and after-beachfill profile surveys obtained by the Contractor as specified in Section 01 71 23 SURVEY REQUIREMENTS and as required by Special Clause: QUANTITY SURVEYS. The volume so computed, up to a quantity not to exceed the bid quantity, will be the pay quantity for the contract. A deduction of one cubic yard will be made from the pay quantity for every cubic yard of material removed from below the maximum allowable elevation indicated for the borrow areas (i.e., the maximum allowable depth plus 1 foot overdepth), or from outside the borrow area limits shown. Any deductions will be based on before-dredging surveys conducted prior to dredging the borrow area and after-dredging surveys conducted following dredging of the borrow area as specified in Section 01 71 23 SURVEY

REQUIREMENTS.

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