W912BU15B0005-SPECS-AM2.PDF

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC:MICHELLE L. JOHNSON

WANAMAKER BLDG

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

THIS AMENDMENT DOES NOT EXTEND THE BID OPENING DATE OF JULY 09, 2015 AT 11:00 A.M. EST.

NO FURTHER QUESTIONS WILL BE ANSWERED.

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 AMERICA 15C. DATE SIGNED 15B. 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-15-B-0005

X 9B. DATED (SEE ITEM 11)

05-Jun-2015

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 is extended, X 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)

PRIME HOOK BEACH RESTORATION, PRIME HOOK, DELAWARE

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

30-Jun-2015

CODE

CONTR DIV-CONTRACTS BR

USAED, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912BU

FACILITY CODE CODE

EMAIL: TEL:

This page was intentionally left blank for duplex printing.

Amendment No. 0002

IFB W912BU-15-B-0005

14. DESCRIPTION OF AMENDMENT (continued)

a. REQUESTS FOR INFORMATION (RFI) AND CLARIFICATION WITH RESPONSES: RFI’s and Clarifications with responses, annotated Amendment No. 0002, are attached to this amendment.

b. SECTION 00 73 00 – SPECIAL CLAUSES: Please delete Section 00 73 00 in its entirety, and substitute the revised Section 00 73 00, annotated Amendment No. 0002, attached hereto.

c. 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.

R E Q U E S T S

F O R

I N F O R M A T I O N a n d

C L A R I F I C A T I O N S w i t h

R E S P O N S

S o l i c i t a t i o n

N o

W B U B

F I

D w g h e e t S p e c c t i n q u e s t f o r

I n f o r m a t i s p o n s

A l a r g e c o n c r e t e s t r u c t u r e a b u t m e n t s a d r z s u p p o r t s s i t s i n t h e w a t e r a n d w i t h i t e b e a c h f i l l t e m p l a t e a t r o u g h l y s t a t i t h e c o n t r a c t o r r e q u i r e d t o r e m o v i s d e b r i s o r f i l l s a n d a r o u n d t r u c t u r m o v a l i s n o t r e q u i r e d f i l l s a n d a r o u e s t r u c t u r t h e e n d o f

F o w l e r

B e a c h r o a d w i t h i n t b a c h f i l l t e m p l a t e t h e r e i s s o m e w o o d p l e s d e b r i e s t h e c o n t r a c t o r r e m o e s e o r w o r k a r o u n d t h e m m o v a l i s n o t r e q u i r e d f i l l s a n d a r o u e r e c o n t r a c t o r s p e r m i t t e d t o a c c e s s t h e b e a t h h e a v y e q u i p m e n t f r o m t h e e n d o f

P r i

H o k

R o a d a n d t r a n s i t t o t h e c o n t r a c t a r e a f s o v e g e t a t i o n a n d s a n d f e n c e w i l l n e e d r e m o v e d a t t h e a c c e s

W l l t n t r a c t o r b e r e q u i r e d t o r e p a i r t h e a r t h n e w v e g e t a t i o n a n d f e n c i n g a f t e r t o j e c

P i m e

H o o k r o a d i s n o t a v a i l a b l e f o r a c c e t h e p r o j e c t b i d a s s h o w n u s i n g

F o w l

B a c h

R o a e a s e s u p p l y t h e w e i g h t l i m i t o f t h e b r i d a t c r o s s e s t h e c a n a l o n

F o w l e r

B e a c h r o e r e t h e c u r r e n t r o a d b l o c k s i t s m i f r a c h e

A m e n d m e n t

N o e t h e

F o w l e r

B e a c h

R o a d r e p a i r s r e q u i r e d i s a c c e s s i s n o t u s e

N h o w e v e r

F o w l e r

B e a c h

R o a d i s t h e o n y n d a c c e s s a v a i l a b l e f o r t h e c o n t r a c e a s e i d e n t i f y s p e c i f i c a l l y w h e r e t h e r o p a i r s a r e t o b e p e r f o r m e d a n d t h e s c o p e o s e r e p a i r s o c a n y o u p l e a s e c r e a t p a r a t e b i d l i n e i t e m f o r t h i s w o r k a d r e p a i r s a r e r e q u i r e d t o t h e e x t e e d e d f o r

C o n t r a c t o r a c c e s s a n d u s a g e c o n t r a c t o r s a l l o w e d t o d i s c h a r g e w a t d s a n d w i t h i n t h e

M a r s h

P l a t f o r m a r e

Y s b i d a s s h o w e n d m e n t a n s w e r t o q u e s t i o n s t a t a t t h e c u t t e r h e a d s h a l l n o t b e a l l o w e d n e t r a t e b e y o n d t h e a l l o w a b l e o v e r d e p t

B y n o t a l l o w i n g t h i s u p t o o f f a c e a b o s r e g a r d t h e a n s w e r t o q u e s t i o n e n d m e n t

N o

M a n s a n d m e t h o d s n s t r u c t i o n a r e t h e

C o n t r a c t o r s p o n s i b i l i t y

P a r a g r a p h a o f

S e c t i

Q U E S T S

F O R

I N F O R M A T I O N a n d

C L A R I F I C A T I O N S w i t h

R E S P O N S l i c i t a t i o n

N o

W B U B

F e e t S p c t i q u e s t f o r

I n f o r m a t i s p o n e o v e r d e p t h e l e v a t i o n m a y n o t b e a v a i l a b t h e c o n t r a c t o r b a s e d o n c u t t e r h e n f i g u r a t i o n a s w e l l a s a t y p i c a l b u f f t w e e n t h e c u t t e r h e a d a n d t h e n o d i s t u r b a n p t h

T h e d r e d g e a c c e s s i b l e f a c e a q u a n t i t y w i l l b e d r a s t i c a l l y d i m i n i s h e p e c i a l l y c o n s i d e r i n g t h a t t h e o v e r a l l f a a i l a b l e t o o v e r d e p t h i s q u i t e l o w

W g g e s t t h a t t h i s r e q u i r e m e n t b e r e m o v e d a a t t h e c o n t r a c t o r o n l y n e e d t o l e a v r v e y s h o w i n g t h a t n o m a t e r i a l w a s r e m o v o m b e l o w t h e o v e r d e p t h e l e v a t i o

B E A C H F I L L d e s c r i b e s t h e d e d u c t i r t h e m a t e r i a l r e m o v e d b e l o w t h e m a x i m l o w a b l e o v e r d e p t

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

1.3 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG 2000)

1.4 PHYSICAL DATA (APR 1984)

1.5 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

1.6 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

1.7 QUANTITY SURVEYS (APR 1984)

1.8 LAYOUT OF WORK (DEC 1996)

1.9 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL

2011)

1.10 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

1.11 DAMAGE TO WORK

1.12 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

1.13 CERTIFICATES OF COMPLIANCE

1.14 PERFORMANCE EVALUATION OF CONTRACTOR (MAR 2014)

1.15 SIGNAL LIGHTS (FEB 1983)

1.16 INSPECTION (DEC 1996)

1.17 ACCOMMODATIONS AND MEALS FOR GOVERNMENT INSPECTORS (1965 APR OCE)

1.18 INSURANCE REQUIREMENTS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

Section 00 73 00 Page 1

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 06 May 2016.

The completion date is based on the assumption that the Contractor will receive the notice to proceed by 11 August 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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

(FAR 52.211-10)

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 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 $1,900.00 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)

1.3 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 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.

Section 00 73 00 Page 2

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 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: "Prime Hook Dune Restoration, Prime Hook, Delaware", and have the drawing numbers, subtitles, and dates as indicated on the contract drawing Sheet CS-101, "COVER SHEET". (DFARS 252.236-7001)

1.4 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 contract drawings are the result of site investigations by surveys. Samples of materials to be dredged were obtained by using vibracore samplers.

b. Tide Data. Tide tables and tidal current tables for the Delaware Bay may be obtained from the National Ocean Service, Distribution Division, 6501 Lafayette Avenue, Riverdale, MD 20840.

c. Weather Conditions. The site of the work varies from sheltered to exposed conditions. It is believed that work can be performed during all seasons of the year except occasionally 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.

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

e. Transportation Facilities. The Prime Hook National Wildlife Refuge area is accessible from Delaware Route 1 via local roads. The Contractor shall be responsible for all investigations of load carrying capacities of bridges and roadways.

f. Location. Prime Hook is located in Sussex County, Delaware, on the western shore of the Delaware Bay Coastline.

g. Laying of Submerged Pipelines. If it becomes necessary in the

Section 00 73 00 Page 3 performance of this contract to use a submerged pipeline, the Contractor shall notify the Contracting Officer in advance of the scheduled placement of the pipeline.

h. Utility Lines:

(1) Utilities: At the present time, there have been no identified locations of any oil, gas, chemical, telephone, power lines or other crossings in the vicinity of this portion of Delaware Bay.

To date, no information has been found that would indicate that any submarine utilities exist between the designated borrow area and the Prime Hook National Wildlife Refuge. However, unknown utilities may still be present beneath the channel that have not yet been identified. Therefore, extreme caution should be exercised during dredging to prevent over-dredging to deeper levels than required in the event that utilities may be present that have not been identified. In addition, the Contractor shall notify the "Call Before You Dig Hotline"

- DIAL 811, prior to dredging start, and take any other appropriate actions required to verify that no utilities are located in the dredging areas.

The Contractor shall take all necessary precautions to prevent damage to these utilities. The Contractor shall cause timely notice of the dredging to be given to any utility owners that may be identified. If the Contractor determines that any utilities are present and the utility will interfere with dredging operations, the Contractor shall notify the Government immediately.

i. Bridge to Bridge Radio Telephone Equipment. In order that radio telephone communication may be made with passing vessels, all vessels 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. Magnitude of the Contract Work. The estimated value of the contract work is more than $10,000,000.

1.5 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 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)

1.6 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

a. The Government will make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any

Section 00 73 00 Page 4 utilities furnished without charge.

b. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. (FAR 52.236-14)

1.7 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 Government 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.

c. Promptly upon completing a survey, the Contractor shall furnish 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 shall 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)

d. Surveys shall be conducted in accordance with Section 01 71 23 SURVEY

REQUIREMENTS.

1.8 LAYOUT OF WORK (DEC 1996)

The Contractor shall layout his work from Government-established survey controls, and shall be responsible for all measurements in connection therewith. The Contractor shall furnish, at his 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 survey controls furnished by the Government and he shall be responsible for all measurements in connection therewith. If any Government control is found disturbed or destroyed, this shall 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)

1.9 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL 2011)

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and

Section 00 73 00 Page 5 providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR clause 52.222-8, Payrolls and Basic Records and FAR clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations.

(b) If the contractor elects to use an electronic Davis-Bacon Act payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and Related Act Regulations. When the contractor uses an electronic Davis-Bacon Act payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon Act payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and Related Act Regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract admin office to the electronic payroll processing system used by the contractor.

(c) The contractor’s provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon Act payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic D-B payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor’s provision and use of an electronic payroll processing service shall be included in the contractor’s price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract. (UAI 22.406-6-100)

1.10 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

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

Section 00 73 00 Page 6 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 from the Contractor's accounting records, costs for the equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region 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 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.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.205(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."

(UAI 31.105-101)

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.

1.11 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 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, and 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), Section 00 73 00 Page 7 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)

1.12 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)

1.13 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)

1.14 PERFORMANCE EVALUATION OF CONTRACTOR (MAR 2014)

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. The evaluation will be entered into the Construction Contractor Appraisal Support System (CCASSS) of the Contractor Performance Assessment Reporting System (CPARS).

b. CCASS is a web-enabled application that supports the completion, distribution, and retrieval of construction contract performance evaluations (DD Form 2626). CCASS is for UNCLASSIFIED use only. An evaluation assesses Contractor performance and provides a record, both

Section 00 73 00 Page 8 positive and negative, on a given contract. Each evaluation is based on objective facts and supported by contract management data, such as contract performance elements that evaluate quality, timely performance, effectiveness of management, and compliance with contract terms, labor standards, and safety requirements. 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 ER 415-1-17.

c. Upon successful award of the contract, the Contractor will be notified by CPARS via email that access has been granted to a contract within the system. The email will contain instructions of how to log into the system.

(CENAP)

1.15 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 in inland waters (33 CFR 88), as applicable. (CENAP)

1.16 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:

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)

1.17 ACCOMMODATIONS AND MEALS FOR GOVERNMENT INSPECTORS (1965 APR OCE)

a. The Contractor shall furnish regularly to Government inspectors on board

Section 00 73 00 Page 9 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 to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the cost of all 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 by the Government at a rate of $5.00 per person for each meal. (CENAP)

1.18 INSURANCE REQUIREMENTS

Evidence of the following 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 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.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

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