W912BU-17-B-0009_Specs-AM1.pdf

Offers 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 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 your 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

CHECK ONE 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

W912BU

Delaware River Main Channel Deepening Project - Upper Reach B

THIS AMENDMENT ANSWERS CURRENT RFI QUESTIONS.

Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0001. Failure to acknowledge all amendments may be cause for rejection of the bid.

E5CTCRH9

US ARMY ENGINEER DISTRICT, PHILADELPHIA

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PENNSYLVANIA 19107-3390

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: Robert Hilton

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PENNSYLVANIA 19107-3390

9A. AMENDMENT OF SOLICITATION

NO.

W912BU-17-B-0009-0001

05/19/2017

9B. DATED (SEE ITEM 11)

05/1/2017

1 1

This page was intentionally left blank for duplex printing.

Amendment No. 0001

IFB W912BU-17-B-0009

14. DESCRIPTION OF AMENDMENT (continued)

a. REQUESTS FOR INFORMATION (RFI) WITH RESPONSES: RFI’s with responses, annotated Amendment No. 0001, are attached to this amendment.

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

0001, attached hereto.

c. TECHNICAL SPECIFICATIONS:

(1) PROJECT TABLE OF CONTENTS: Please delete the Project Table of Contents in its entirety, and substitute the revised Project Table of Contents, annotated Amendment No. 0001, attached hereto.

(2) Section 01 33 00 – SUBMITTAL REGISTER: Please delete page

01 33 00-14 through 01 33 00-18 in their entirety and substitute the revised pages 01 33 00-14 through 01 33 00-18, annotated Amendment No. 0001, attached hereto.

(3) Section 01 53 30 – COORDINATION FOR CONTRACTOR-FURNISHED DISPOSAL AREAS: Please add Section 01 53 30 to the contract specifications, annotated Amendment No. 0001, attached hereto.

(4) Appendix A – CURRENT VIBRACORE DATA FOR REACH B: Please delete Appendix A Page 119 in its entirety and substitute the revised Appendix A Page 119, annotated Amendment No. 0001, attached hereto.

(5) Appendix A – CURRENT VIBRACORE DATA FOR REACH B: Please add Appendix A Page 245 and Appendix A Page 246 to Appendix A, annotated Amendment No. 0001, attached hereto.

d. Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0001. Failure to acknowledge all amendments may be cause for rejection of the bid.

RFI# Request for Information Response

Currently the specification does not mention the use of Contractor-Furnished disposal areas. The last deepening project in this same area had a section for contractor furnished disposal areas, namely “SECTION 01 53 30 COORDINATION

FOR CONTRACTOR-FURNISHED DISPOSAL AREAS”.

Can the Corps please allow for contractor-furnished disposal areas in this contract?

See Amendment No. 0001

Please confirm that removal of the abandoned pipe shown on Sheet C-103 is not part of the scope of this contract.

The removal of the abandoned pipe is not part of this contract.

Are environmental observers required outside of the window from May 1st through November 15?

If a hopper or bucket dredge is used, observers are required year round for sturgeon. No observers are required for pipeline dredging.

Are the required permits available for this job? Will they be made available prior to the bid date? There are no permits required for this contract.

There seems to be inconsistency with take-off volumes from the COE provided survey, and the quantities listed in the bid schedule. Can the COE confirm volumes and elevations shown on the bid form are correct? Will the bid schedule be modified? Quantities on Bid Schedule are confirmed. Bid as shown.

How will quantities be determined for Acceptance Sections that include 'Excluded Work Areas'? How will acceptance be determined in areas between the 'Excluded Work Areas'?

Quantities will be determined by blocking out rock work areas for BD's and AD's.

Has an organized site visit been arranged? If so what are the details for this site visit?

Per second page of specifications, Part IV, no site visit is scheduled.

The soil logs for “DSP-50” and “DSP-51” are missing from the Geotechnical report. Please provide these logs. See Amendment No. 0001

Vibracore Log DRV-187 is not legible. Please provide legible copy of this vibracore log. See Amendment No. 0001

If the Optional items are awarded we see no indication as to when they would be awarded. If exercised what is the time period for award of each optional bid item?

See Contract Clause 52.217-7 on page 00 70 00-24 of the contract.

Section 00 73 00 Clause 1.1.H states that the work areas are from 90+000 to 155+000. The volume tables provided do not include any work from 90+000 to 96+000. Please clarify if dredging will or will not be required from 90+000 to 96+000. No dredging will be required from Sta. 90+000 to 96+000.

Please provide the coordinates used to determine the Acceptance Section limits for each acceptance section. There appears to be a discrepancy between the overall map Sheet C-101 and the individual Sheets C102-C110. For example Sheet C-101 scales a 300’ wide channel for the base and a 500’ wide channel for Option 1 at Station 135+000, yet our interpretation of Sheet C-104 would be a 400’ wide channel for Option 1 and a 400’ wide channel for the Base at this location.

Sheet C-101, the General Plan, is not intended for use to determine the channel widths. It is intended to represent the approximate locations of work. The 1”=200’ scaled Plan Sheets C-102 thru C-110 accurately show the channel limits and include coordinates for the turns, and bend widening and anchorage limits.

Drilling Log no. DRV-187 in Appendix A on page 119 is not legible. Can you please resend this Log? See Amendment No. 0001

Drawing C-103 (page 5 on the PDF) indicates that a 12 inch pipe will be removed prior to NTP on this project? Will the armor stone that protected this pipe be removed as well?

Anything associated with this pipeline will also be removed.

Previous site investigations have indicated concentrations of cobbles and boulders in the area of this project. Will the Ft. Mifflin pier be available as a rehandling site for placement of this rock there? No.

Section 35 20 23 paragraph 1.7.1 states that “the removal of hard material is not included”. Hard Material is defined in paragraph 1.2 of this section as “…boulders too large to be removed to below project depth by the dredge.”

Does “the dredge” mean the dredge chosen by the contractor to perform the work? Yes.

The drawings show borings with the tag “WC- ##” . We are unable to locate anywhere in the specs, borings with the designation “WC”. Can you please provide these?

No boring logs exist for these samples. Grain size information is included in Volume 2, Appendix B.

REQUESTS FOR INFORMATION with RESPONSES Solicitation No. W912BU-17-B-0009

RFI# Request for Information Response

The coordinates given for the borings J-2, L-2, L-3, M-1 and M-2 do not appear to be in NAD 27 or NAD 83 State Plane Coordinate system. Please tell us the coordinate system in which these borings are referenced.

Use the following coordinates for the boring logs.

Coordinates are NAD 83, New Jersey State Plane.

Boring ID Easting Northing J-2 258,130.27 370,095.20 L-2 244,245.11 360,617.61 L-3 244,978.32 361,052.15 M-1 224,631.30 348,084.50 M-2 222,520.05 346,164.18

Do the restrictions on Page 5 of Section 35 20 23, paragraph 1.5, apply only if a second dredge is used?

The restrictions apply regardless of how many dredges are used.

Regarding the restrictions on Page 5 of Section 35 20 23, paragraph 1.5: It seems unreasonable for the contractor to finish AS 21 within a strict 16 day period. Please consider expanding this time allowance. Time allowance will not be expanded.

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 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 are the result of site investigations by surveys. Samples of materials to be dredged were obtained by using vibracore samplers, testpits, and borings.

b. Tide Data. Tide tables and tidal current tables for the Delaware River may be obtained from the National Ocean Service, Distribution Division, 6501 Lafayette Avenue, Riverdale, MD 20840. The channel depths specified herein are referenced to mean lower low water.

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. Channel 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. Conditions of Channel. The last time the channel in this portion of the Delaware River was previously dredged is unknown. The following records are available for inspection by prospective bidders in the Office of the District Engineer, U.S. Army Engineer District, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107-3390:

(1) Examinations and soundings (before and after dredging) for all dredging locations.

(2) Records of sampling, most recent investigation.

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. 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

Section 00 73 00 Page 1 for each waterway advising navigation interests that the Contractor's dredging plant will be operating in the area. Submit each such request to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395, for Delaware River waterways. 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 in the waterway. The Contractor shall also notify the U.S. Coast Guard prior to the movement of his dredge plant from one acceptance section to another on the opposite side of the channel. Upon completion of dredging in a waterway, 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.

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 Waterways Management Section Chief: Mr. Chris Scraba, 757-398-6230 or Waterways Management Assistant Section Chief/NJ, DE, PA Project Officer:

LCDR Tiffany Johnson, 757-398-6516; e-mail cgd5waterways@uscg.mil; or FAX (757)398-6303 at least 45 days before the desired date for movement of the aid. When making a request by telephone, Contractors must speak directly to the designated points of contact. The leaving of voicemail messages is not acceptable. The Fifth CG District (dpw) will coordinate all temporary relocations or discontinuances. A copy of each request (including records of telephone conversations) shall be furnished to the Contracting Officer.

h. Location. The potential work areas are at various locations in the Delaware River Main Channel between Station 90+000 and Station 155+000 and at the specified disposal areas.

i. 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 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 (Saturdays, 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. Coordinate the work 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.

Section 00 73 00 Page 2

j. Bridge and Utility Line Crossings (Delaware River):

(1) Bridges: The following bridges are within the project waterway.

The vertical clearances presented are above Mean High Water.

HORIZONTAL VERTICAL MILES

LOCATION TYPE CLEARANCE CLEARANCE ABOVE MOUTH

Del. Memorial Twin Bridges Fixed Hwy. 2000 ft. 175 ft. 68.9 Pigeon Point, Delaware

Commodore Barry Fixed Hwy. 1644 ft. 180 ft. 81.4 Bridge, Chester, PA

(2) Utility Lines: A report, titled "DELAWARE RIVER MAIN CHANNEL DEEPENING PROJECT - Investigation of Submarine Utility Crossings in Reach B Between Stations 96+000 and 176+000 is presented in Appendix C.

The approximate location and elevation of known oil, gas, chemical, telephone or power lines crossing beneath the river in the vicinity of this project are included in the report.

Take all necessary precautions to prevent damage to these utilities.

Contact utility owners prior to dredging. Submit copies of all correspondence with the utility owners to the Contracting Officer prior to dredging. Notify the Contracting Officer immediately if any utility will interfere with the dredging operations.

Disclaimer: The above information may not be complete and it is the Contractor's responsibility to investigate all utility crossings prior to dredging.

l. Survey control descriptions are included in Section 00 73 00.

m. Magnitude of the Contract Work. The estimated value of the contract work is between $25,000,000 and $100,000,000.

n. Current Vibracore data is presented in Appendix A. Historic Vibracore data is presented in Appendix B.

o. Hydrographic surveys were performed on the dates and at the locations shown on the drawings.

p. Magnetometer Surveys: The Corps has not performed or is aware of any magnetometer surveys conducted within the dredging limits of the channel in this portion of the Delaware River.

m. Disposal Areas: The following Government-furnished disposal areas are available for use under this contract, subject to the restrictions below:

(1) Oldmans;

(2) Pedricktown North;

Oldmans disposal area shall be used first until it reaches capacity, as determined by the Contracting Officer, then the Contractor shall use Pedricktown North disposal area.

Section 00 73 00 Page 3

Drawings showing the disposal areas are enclosed. Drawings are marked to indicate the discharge pipe limits within disposal areas of the Contractor-owned discharge pipes, where applicable.

1.2 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-provided channel coordinates and survey control points. 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, 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)

1.3 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 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

Section 00 73 00 Page 4 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)

1.4 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 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

Section 00 73 00 Page 5 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.

1.5 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), 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)

1.6 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)

1.7 PERFORMANCE EVALUATION OF CONTRACTOR (MAR 2014)

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work for contracts less than one year in duration.

Contracts in excess of one year will receive at a minimum, an annual

Section 00 73 00 Page 6 interim evaluation in addition to the final evaluation. 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 Contractor Performance Assessment Reporting System

(CPARS).

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

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

1.9 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 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)

Section 00 73 00 Page 7

1.10 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 of 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 $5,500.00, except on Saturday, Sunday and holidays when the rate shall be $6,000.00.

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)

1.11 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)

1.12 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:

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.

Section 00 73 00 Page 8

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)

1.13 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 to 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 by the Government at a rate of $5.00 per person for each meal. (CENAP)

1.14 REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE

NAVIGABLE WATERS OF THE UNITED STATES (33 U.S. Code §1232b)

a. Requirement: As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 403 of this title, such person shall notify the Secretary and the Secretary of the Army of such release.

b. Restriction on use of notification: Any notification provided by an individual in accordance with subsection (a) of this section may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.

(Pub. L. 92–340, §15, as added Pub. L. 109–241, title VI, §602, July 11, 2006, 120 Stat. 553.)

1.15 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

Section 00 73 00 Page 9

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)

-- End of Section --

Section 00 73 00 Page 10

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 35 50 DIVING SERVICES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 QUALITY CONTROL

01 45 05 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 53 30 COORDINATION FOR CONTRACTOR-FURNISHED DISPOSAL AREAS

01 57 20 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 21 NATIONAL DQM PROGRAM - SCOW

35 20 22 NATIONAL DQM PROGRAM - HOPPER DREDGE

35 20 23 DREDGING

-- End of Project Table of Contents --

Amendment No. 0001

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Amendment No. 0001

Section 01 33 00 Page 18

SECTION 01 53 30

COORDINATION FOR CONTRACTOR-FURNISHED DISPOSAL AREAS

PART 1 GENERAL

1.1 SUMMARY

This section includes the coordination requirements for any disposal areas furnished by the Contractor. The Contractor has the option of furnishing his own disposal areas for the contract work, subject to the required approvals specified herein, in lieu of the Government-furnished disposal area specified herein. The coordination requirements specified herein also pertain to any rehandling basins proposed for use by the Contractor.

1.2 GENERAL

All expenses incurred in connection with providing and making available such Contractor furnished disposal areas shall be borne by the Contractor, and all material deposited thereon, and all operations in connection therewith shall be entirely at the Contractor's risk.

1.3 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:

SD-01 Preconstruction Submittals

Federal/State Permits, WQ Certificates, Landowner Permission and Descriptions; G,COR.

Prior to commencing work obtain all applicable Federal and State approvals for Contractor furnished disposal areas. Furnish copies of the Federal and State permits obtained, a copy of a State Water Quality Certificate, if required, and written permission from the owners of the properties to be used for the disposal areas and access thereto. Written permission of the owners shall be assigned to the bidder and not to a subcontractor. In the event no approvals are required, the Contractor shall submit documents indicating that agency coordination has taken place. The Contractor shall also complete and submit the "Description of Disposal Areas" form, which is attached to this section.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 REQUIRED COORDINATION

3.1.1 Agency Approval

The Contractor shall coordinate with and submit with his bid written approval from the…