Revised 01 30 00 - Administrative Requirments.pdf

Maintenance Dredging of Great Kills Harbor, NY FNP GKH24

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

01/20

PART 1 GENERAL

1.1 SUMMARY

1.2 SUBMITTALS

1.3 PRECONSTRUCTION CONFERENCE

1.4 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING, AND DISPOSAL SITE

COMPLIANCE

1.4.1 Synopsis of Proposed Operation

1.4.2 Information Submitted by Apparent Low Bidder-35 Calendar Days

1.5 PROJECT MEETINGS

1.6 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

1.7 LIQUIDATED DAMAGES-CONSTRUCTION

1.8 PHYSICAL CONDITIONS

1.9 ESTIMATED QUANTITIES

1.10 VARIATION IN ESTIMATED QUANTITIES

1.11 FINAL EXAMINATION AND ACCEPTANCE

1.12 PERFORMANCE EVALUATION OF CONTRACTOR

1.13 CERF IMPLEMENTATION

1.14 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

1.15 PRICING OF ADJUSTMENTS

1.16 BID GUARANTEE

1.17 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

1.18 SPECIAL PROHIBITION ON EMPLOYMENT

1.19 SUPERINTENDENCE OF SUBCONTRACTS

1.20 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

1.21 SUBMISSION OF CLAIMS

1.22 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

1.23 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

1.24 WAGE RATES

1.25 LABOR-ADDITIONAL REQUIREMENTS

1.26 NOTICE TO MARINERS

1.27 ENVIRONMENTAL LITIGATION

1.28 PATENTS

1.29 VERIFICATION OF SMALL BUSINESS UTILIZATION

1.30 CONTRACT INFORMATION RELEASE

1.31 ALTERATIONS IN CONTRACT

1.32 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 30 00 Page 1

W912DS24B0012

SECTION 01 30 00 Page 2

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

01/20

PART 1 GENERAL

1.1 SUMMARY

The requirements of these section apply to, and are component part of, each section of the project specifications.

1.2 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Pre-Construction Submittals, G

Preconstruction Submittals shall be submitted to the Contracting Officer or Contracting Officer Representative at least seven (7) days prior to the preconstruction conference. 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. Submit the following:

Certification of Insurance; G

Surety Bond; G

List Of Proposed Subcontractors; G

Order of Work; G The Contractor's order of work for dredging and performing other work, including disposal area plan.

Work To Be Performed By The Contractor; G, Subcontracting Plan; G

Progress Schedule; G A Project Schedule shall be submitted in accordance with the paragraph entitled "Project Meetings", of this section.

Submittal Register; G

Letter Appointing Superintendent; G

Activity Hazard Analysis; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

Accident Prevention Plan; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

SECTION 01 30 00 Page 3

Work Plan; G

Quality Control (QC) plan, G See Section 01 45 00.00 20

Environmental Protection Plan; G

Notice to Mariners; G

Determination of No Hazard to Air Navigation; G See Section 00 90 01, Attachment K

SD-03 Product Data G

Monthly Progress Report

Project Schedule Status Report

The Contractor shall submit an updated Monthly Progress Report at the first meeting of each month, including a Project Schedule Status Report and if no meeting is in the agenda, these items shall be submitted to the Contracting Officer Representative when requested.

SD-11 Closeout Submittals

As-Built Drawings; G

1.3 PRECONSTRUCTION CONFERENCE

Work shall not commence prior to the conference.

After award of contract, a pre-construction conference will be held at such time and location as determined by the Contracting Officer for purposes of discussing and developing mutual understanding between the Contracting Officer or his authorized representative and the Contractor's Representatives regarding the terms, conditions, and requirements of the contract. Members of the conference from the Government will include the quality assurance staff, the Contracting Officer or his authorized representative, and construction staff. Members from the Contractor shall include the site superintendent, project safety officer, and the quality control staff. The discussion will include, and may not be limited to, the following:

-Contractor Supervisory and Quality Control staff.

-Correspondence Procedures -Accident Prevention Plan -Determination of No Hazard to Air Navigation (FAA - OE/AAA) -Pollution Control Plan -Quality Control -Project Scheduling and Payment Procedures -Other subjects that may be of interest to the contracting parties -Schedule of Weekly Meeting

1.4 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING, AND DISPOSAL SITE

COMPLIANCE

The following will be used to determine the Bidder's responsibility: The

SECTION 01 30 00 Page 4

Apparent Low Bidder must perform all work to demonstrate to the Government within 35 calendar days from the date the Apparent Low Bidder is notified of being the Apparent Low Bidder: that the contractor-identified offloading, processing and disposal site(s) is operational, capable of processing and disposing of all the dredged material on that date for the in-situ quantity as per the Supplies/Services (Price) Schedule; and that it is in compliance with the New Jersey Department of Environmental Protection Water Quality Certificate and Federal Consistency Determination Policies or other host state compliance as appropriate.

Offloading, processing and disposal of the dredged material shall be in a fully permitted facility that has been permitted by the host state, with beneficial reuse wherever possible. Dredging, dewatering and/or other processing (if any), transfer, transportation and material disposal shall be performed in accordance with applicable laws and requirements of all associated permits, approvals and government authorities having jurisdiction.

1.4.1 Synopsis of Proposed Operation

As a part of the work plan, the low bidder shall include a narrative of no more than seven (7) pages detailing the operation to move the dredged material from the dredging site to its state approved, permitted placement site that the Apparent Low Bidder has identified. The synopsis shall provide suitable detail to adequately track the material from dredging, through offloading, transportation and processing to its ultimate placement. The synopsis shall include but not be limited to the following:

a. Provide a list of the names, locations, and point of contact, telephone number, offloading and loading facilities for each processing and/or disposal facility including site capacity.

b. Provide a detailed map indicating locations of offloading and loading facilities or area within the proposed property to be utilized, for each disposal location, with a description of the material handling process at each disposal location.

c. Provide hours of operation, transportation and operating procedures at offloading facilities.

d. Provide Facilities information: access to offloading facilities, acceptable scow size, disposal site O&M manual, demurrage time to unload scow or trucks, anticipated processing time and placement materials, and other facility restriction if any.

e. Provide a detailed description of the dredging procedure proposed to include the identification of dredges, buckets, scows, tugs and other salient equipment to be used for the project.

f. Submit a detailed description of the loading and transportation procedures to be utilized.

1.4.2 Information Submitted by Apparent Low Bidder-35 Calendar Days

The Apparent Low Bidder shall submit five (5) copies of the following information within 35 Calendar days from the date notified of being the Apparent Low Bidder.

a. Name of the contractor-identified offloading, processing

SECTION 01 30 00 Page 5 and disposal site(s).

b. Location (street address, city, state) of the contractor-identified site(s).

c. Point of Contact for the contractor-identified site and telephone number.

d. Evidence of Anticipated Daily Production Capability - Evidence of the anticipated daily production capability (CY /day) and the output rates for the proposed integrated system of dredging, offloading, transportation, processing, and placement for each contractor-identified site(s).

e. Offloading, processing and disposal Site Elements Information:

(1) State the capacity of each element of the system. This should include both the total capacity and uncommitted capacity of the disposal site(s), as well as the average daily production rate and workdays per week that the processing site will operate.

(2) Time frame for availability for each element of the system:

hours of operation in each day; days of operation in each week;

months of operation in each year.

(3) Location of each element of the system: Descriptions with reference maps; Distances between the elements, measured in miles.

f. Offloading, Processing and Disposal Site(s) Construction Activity Schedule and Project Construction Schedule - A schedule showing the order in which the Apparent Low Bidder proposes to perform the work and the dates on which the Apparent Low Bidder contemplates starting and completing the salient features of work (including acquiring materials, plant and equipment...etc). The schedule shall indicate that the production rate of the facility is sufficient to ensure that the project will be completed within the contract's required completion date. The Apparent Low Bidder shall consider its proposed integrated system of dredging, transportation, processing, and placement. The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion by any given date during the period. The Apparent Low Bidder must indicate on this schedule the salient features of work for the contractor-identified offloading, processing and disposal site(s) that are needed to be completed within 35 calendar days from date the Apparent Low Bidder is notified of being the Apparent Low Bidder so that the site(s) is operational, capable of processing and disposing of all the dredged material for the in-situ quantity identified in the price schedule.

g. Evidence demonstrating that the contractor-identified offloading, processing and disposal site(s) is Permitted, Operational, Capable of Offloading, Processing and Disposing Dredged Material from the project site. The Apparent Low Bidder must demonstrate to the Government within 35 calendar days from the date notified of being the Apparent Low Bidder that the contractor-identified offloading, processing and disposal site(s) is permitted, operational, capable of processing and disposing of all the dredged material for the in-situ quantity as per the Price Schedule. The Apparent Low Bidder must also identify by calendar day 35 that the offloading, processing and/or disposal

SECTION 01 30 00 Page 6 site(s) is in compliance with the New Jersey State Department of Environmental Protection Policies or other host state compliance as appropriate for the offloading, processing and disposal of all dredged material. Sampling and testing necessary for obtaining permits required for dredged material transportation, processing or placement has been performed by the Government and the results are included in these specifications, in Section 00 90 01 as Attachment J. Bidder must provide within the 35-day submittal to the Government proof that the material to be dredged from the project site and transported to the Apparent Low Bidder's upland site(s), meets all regulatory testing requirements of the permit under which the upland placement site(s) operates.

h. Copies of Required Permits - The Apparent Low Bidder shall provide copies of all required permits and approvals for dewatering and/or other processing (if any), the transfer, transportation and final disposal of all dredged materials, and shall submit evidence of such permits and approvals to the Government. Documentation of compliance with any other legal or regulatory requirement has been provided to the Government including Water Quality Certificates (WQC) in accordance with Section 401 of the Clean Water Act, Federal consistency determinations (FCD), and State agreement pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended, for activities conducted in a state, which has a federally approved Coastal Zone Management program. WQC and CZM permits related to the dredging (as opposed to dredged material transport, disposal and placement) will be amended to this solicitation .

i. The Apparent Low Bidder must provide:

(1) Proof of the contractor-identified Offloading, Processing and/or Disposal Site(s) being licensed for acceptance of dredged material by all appropriate regulatory entities (permits for the site previously provided should be also included in this submission).

(2) Proof of Offloading, Processing and Disposal Site(s) Owner's approval granting the Apparent Low Bidder the right to offload, process and/or dispose dredged material at that site.

(3) Proof of Disposal Site(s) uncommitted capacity adequate for the project.

(4) Certification of the offloading, processing and/or disposal Site's availability corresponding to the current project schedule.

(5) Proof of approval by the appropriate regulatory agencies that the dredged material for this contract is compatible for processing and/or disposal at the proposed processing and/or Disposal Site(s).

(6) Demonstrate minimum required offloading, processing and disposal Site(s) production capability to ensure that the project will be completed within the contract requirement. The Apparent Low Bidder shall provide the estimated daily production rates for processing and disposal for each contractor-identified disposal site(s).

(7) Proof of Apparent Low Bidder's experience in the proposed

SECTION 01 30 00 Page 7 offloading, processing and disposal Site(s) operations, or, provide supplemental information demonstrating ability to execute the proposed disposal method, if no direct experience is applicable.

j. Transportation Capabilities - The Apparent Low Bidder must provide the following:

(1) Provide proof and certification that sufficient transportation capabilities are available to ensure that the project will be completed within the contract requirement. Provide proof that the proposed transportation equipment has current permits, licenses, registrations, or other required certifications.

(2) Provide proof of the Apparent Low Bidder's experience in the proposed dredged material transportation or provide supplemental information demonstrating the ability to execute the proposed transportation method, if no direct experience is applicable.

k. Processing Capabilities - The Apparent Low Bidder must provide the following:

(1) Provide detailed description of the proposed processing technology, including but not limited to, the following stages, if applicable:

i. Dewatering, addressing retention time, any limitations on return of effluent, limitations on location for effluent release, proposed method for effluent disposal, if applicable. Debris removal, addressing the methods of removal and disposal.

ii. Material treatment, specifying the method of treatment, additives used during the processing, mechanical processing used, decontamination methods incorporated, stabilization methods incorporated, and chemical treatment (if any).

iii. Interim storage, if required, identifying the method of storage, required and available storage capacity, and the time frame it will be used, if applicable.

iv. Rehandling of material (if any) used in the processing of dredged material affecting the project.

(2) Provide any permits and/or licenses applicable to the proposed process, if any.

(3) Provide any patented or proprietary permissions applicable to the proposed process, if any. See paragraph 1.28 of this Section for additional information on patents.

(4) Provide proof of processing plant availability for use by the Apparent Low Bidder.

(5) Certify processing plant's availability corresponding to the current project schedule.

(6) Provide proof of Apparent Low Bidder's experience in the proposed processing method or, provide supplemental information demonstrating ability to execute the proposed processing method, SECTION 01 30 00 Page 8 if no direct experience is applicable.

1.5 PROJECT MEETINGS

The Contractor and/or Contractor Representatives shall attend Weekly Project Meetings (or as otherwise mutually agreed to) scheduled by the Government in accordance with Section 01 32 01.00 10 PROJECT SCHEDULE. The Contractor's Superintendent shall be in attendance at these scheduled project meetings.

A Monthly Progress Report shall include a Project Schedule Status Report per requirement of Section 01 32 01.00 10 PROJECT SCHEDULE.

1.6 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

Provide the Contracting Officer, within five (5) days after award, items of work to be performed by contractor's employees and the estimated cost of those items. For the purposes of this contract, the percentage of work that must be performed by the Contractor is stated in Section 00 70 00 Contract Clauses, FAR Clause 52.236-01, and in Section 01 11 00 SUMMARY OF WORK, paragraph 1.3 entitled: "PERFORMANCE OF WORK BY THE CONTRACTOR" of these specifications.

1.7 LIQUIDATED DAMAGES-CONSTRUCTION

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 $3,046 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.

1.8 PHYSICAL CONDITIONS

The information and data furnished or referred to below are not intended as representations or warranties but are furnished for information only.

It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn by the Contractor.

a. WEATHER CONDITIONS. The site of the work is not exposed to severe wind and wave action and the Contractor's operations are not likely to be affected by ordinary storms. Real-time data are available on the World Wide Web at http://www.ndbc.noaa.gov/index.shtml .

(1) Fog. An examination of the records of the Unedited Local Climatological Data of the National Oceanic and Atmospheric Administration's (NOAA) Climatic Data Center at Newark Liberty International Airport, New Jersey, discloses an average of 31 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the New York Harbor area. The maximum number of days in which dense fog occurred in any year was 45 in 1959. The maximum number of days in which dense fog occurred in any month was 4 days in June.

Visibility data are available on the Internet at

SECTION 01 30 00 Page 9 https://www.ncdc.noaa.gov

(2) Winds. Wind conditions in the project area, based on the records of the National Climatic Data Center's Local Climatological Data for Newark International Airport, are as follows:

Wind Conditions for Robbins Reef, NJ, based on 6 years of data.

MONTH AVE WIND SPEED (MPH) PEAK WIND GUST (MPH)

JAN 11.9 59.1

FEB 12.6 57.9

MAR 12.4 67.7

APR 12.0 50.7

MAY 10.5 51.7

JUN 9.8 50.3

JUL 9.4 50.7

AUG 9.4 60.7

SEP 10.3 47.4

OCT 11.5 78.3

NOV 11.0 49.6

DEC 12.4 64.5

(3) Weather conditions exceeding in severity the fog conditions described above or average wind speeds exceeding 25 mph, or wave heights exceeding 3 feet will be considered unusually severe if delays are caused thereby to operations for more than 50% of the day under this contract.

(4) ICE. Icing within the project vicinity during the contract period is not anticipated. However, in the event that icing does occur, this will be considered to be unusually severe weather if delays are caused thereby to operations for more than 50% of the day under this contract.

(5) TIDES The mean range of tide at Caven Point, NJ is 4.6 feet and the mean range of spring tides is 5.9 feet. Irregular fluctuations due to wind and atmospheric pressure have varied from about 11.0 feet above mean low water to about 4.0 feet below mean low water. (Means based on 12 years 1950 - 1961).

b. BRIDGE AND UTILITY CROSSINGS.

SECTION 01 30 00 Page 10

Item No. Permit No. Description

1 NAN-2018-01074 New York City Department of Design and Construction - Approved authorization by USACE for replacement of existing storm sewer/outfall at Armstrong Avenue and Goodall Street, placement of excess material on Crescent Beach, and planting vegetation along Crescent Beach.

2 NAN-2016-00014 New York City Department of Design and Construction - Replacement of existing storm sewer/outfall at Armstrong Avenue with new 8 foot wide by 4.5 foot high storm water outfall and 29 foot long by 46 foot wide rip-rap splash pad. Replacement of existing storm sewer/outfall at Goodall Street terminating in a double barrel 8-foot wide by 3 foot high outfall and 20-foot long by 36-foot wide rip-rap splash pad.

Placement of excess material on Crescent Beach and planting of vegetation on Cresent Beach.

3 10538 NYC Dept of Water Resources - Excavate a trench and install a snitary intercepting sewer and backfill with excavated material at Unnamed Tidal Creek and Drainage Ditch

4 8959 NYC Enviornment Protection Administration - Stormwater outfall sewer in Great Kills Harbor at foot of Goodall Street.

5 8202 NYC Depatment of Parks - Storm water outfall sewer in Great Kills Harbor at foot of Armstrong Ave.

6 7334 Fort Neck Landing Development Corp - Temporary submerged pipeline to be buried at minimum to -10 feet MLLW

7 5241 Construction of stone and rip rap jetty along Great Kills Harbor Entrance

8 2704 NY City Department of Parks - Construction of pile clusters, mooring platforms, and boom with a gate

9 5252 C J Sorensen Marine Railways - Construction of timber bulkhead and marine railway

10 8331 NY City Parks - Marina Improvements

11 9206 The Shoals Inc - Marina Improvements

12 13646 Great Kills Development Corp - Marina Improvements

13 14169 Great Kills Yacht Club - Marina Improvements

14 13646A Port Regalle - Marina Improvements

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15 00608 Port regalle Yacht Club - Marina Improvements

16 14169A Great Kils Yacht Club - Marina Improvements

17 13930 Atlantis Marina and Yacht Club - Marina Improvements

18 04540 Atlantis Marina and Yacht Club - Marina Improvments

19 00790 Great Kills Yacht Club - Marina Improvements

20 01484 Port Regalle Yacht Club - Marina Improvements

21 00868 Atlantis Moring and Yacht Sales / Formica Construction Co - Marina Improvements

22 00877 Staten Island Boat Sales - Marina Improvements

23 00064 Richmond County Yacht Club - Marina Expansion

24 00983 Marina Improvements, Reconfiguation, and Dredging

UTILITY CROSSINGS:

Verify the locations and depths of all utility crossings and take precautions against damages which might result from the operations, especially the sinking of dredge spuds and/or anchors into the channel bottom, in the vicinity of utility crossings. If any damage occurs as a result of the operations, suspend dredging until the damage is repaired and approved by the Contracting Officer. Costs of such repairs and downtime of the dredge and attendant plant will be at the Contractor's expense.

BRIDGES:

The contractor shall exercise the utmost caution when dredging in the vicinity of any bridge, pier, abutment, or bulkhead to prevent the collapse, undermining or damage to these structures. In no case shall the contractor moor any plant to or tie any line, cable, chain or anchor line around any part of a bridge structure, pier, abutment or bulkhead connected therewith.

c. LOCATION. The Great Kills Harbor is located in Richmond County, New York.

d. CHANNEL AND TRANSPORTATION FACILITIES. Great Kills Harbor, New York: Based on a plans and specifications survey performed in February 2024, a controlling depth of approximately +13.3 feet MLLW is present within the 10 ft Area. Railroads and first class highways serve the locality / project vicinity.

e. CHANNEL TRAFFIC. Although there are no statistics indicating commerce and vessel use of Great Kills Harbor, this is an active harbor for shallow draft vessels for a variety of uses. This harbor is mainly used for recreation in nature as well as commercial fishing and fuel oil delivery. A significant portion of the channel users require at a minimum the full project depth to navigate safely within the

SECTION 01 30 00 Page 12

Federal channel.

f. OBSTRUCTION OF CHANNEL. The Government will not undertake to keep the area 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 Rivers and Harbors Act 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 an extent as may be necessary to afford a practicable passage.

Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore.

g. 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 on VHF Channel 13 (156.65 MHz with low power output having a communication range of approximately ten (10) miles). The Federal Communication Commission has approved the frequency.

1.9 ESTIMATED QUANTITIES

The total estimated quantities of material necessary to be removed from the specified limits to complete the work described in this specifications are computed from the plans and specifications survey performed in the Great Kills Harbor project area in February 2024.

Distribution of volumes is summarized below:

DREDGING AREAS TOTAL ESTIMATED

QUANTITY (CY)

BASIC WORK-Dredging Area : (-10' MLLW + 2' OD) 190,885

Total Estimated Quantity Available: 190, 885 CY

The Government will survey the project prior to starting work.

Above estimated quantities were computed from the data shown on the contract drawings. The quantities that may be removed and paid for will be computed by the Triangulated Irregular Network (TIN) method or average end area method as indicated in the Technical Specifications, Section 01 22 00.00 10, entitled "MEASUREMENT AND PAYMENT."

1.10 VARIATION IN ESTIMATED QUANTITIES

Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than fifteen percent (15%) above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon the demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variations above one-hundred fifteen

SECTION 01 30 00 Page 13 percent (115%) or below eighty-five percent (85%) of the estimated quantity. An adjustment in the contract unit price will also apply to that part of the actual quantity of allowable overdepth material above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. (UAI 52.211-5001 Variation in Estimated Quantities

MAR 1995)

1.11 FINAL EXAMINATION AND ACCEPTANCE

a. As soon as practicable after the completion of the entire work, as in the opinion of the Contracting Officer and/or his Representative, will not be subject to damage by further operation 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 and/or his Representative. Only after the contractor has submitted a complete survey of the entire contract area(s), and submitted mapping and all data acquired to create such map, will the government perform its survey. Raw data, edited survey data with all supporting files and documentation, and all data generated during such work shall be furnished by the Contractor to the Contracting Officer and/or his Representative.

Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dredging at the contract rate for dredging or by other method approved by the Contracting Officer, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoals may be waived by the discretion of the Contracting Officer and/or his Representative. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be required to accompany the survey party. When the entire contract area(s) is found to be in a satisfactory condition, it will be accepted as final.

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 operations, this work will be charged against the Contractor. The rate for each day in which the Government plant is engaged in such sounding or sweeping operations and/or is en route to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $12,500.

b. Final acceptance of the entire 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 the entire work shall not change the time of payment of the retained percentages of the whole or any part of the work.

c. The entire area within the contract limits will be surveyed for final examination and acceptance. This contract has no partial acceptance areas.

d. All hydrographic survey data is to be collected in accordance with the Army Corps of Engineers manual EM-1110-2-1003.

e. Any survey related disagreement(s) as it pertains to this contract must be submitted in writing to the Contracting Officer or his Representative within 5 business days of occurrence of such survey related event. Failure to notify the Contracting Officer or his representative within 5 business days of such survey related event disqualifies the Contractor from any such related claims.

SECTION 01 30 00 Page 14

1.12 PERFORMANCE EVALUATION OF CONTRACTOR

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 Contractor will be rated either Exceptional, Very Good, 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 maintained as 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 FAR 36.201 (c).

c. The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative is responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

1.13 CERF IMPLEMENTATION

If the work specified in this contract is performed by a hopper dredge(s), the owner must have an active Basic Ordering Agreement (BOA) for the hopper dredge(s) on file with the Corps of Engineers. The Contractor shall be obligated to make the hopper dredge(s) available to serve in the Corps of Engineers Reserve Fleet (CERF) at any time that the hopper dredge(s) is performing work under this contract. When the Contracting Officer and/or his Representative is notified of the decision to activate the dredge(s) into the CERF, he shall take appropriate action to release the dredge(s). He may then extend or terminate the contract to implement whichever action is in the best interest of the Government. The CERF contract shall also be subject to the following condition:

a. The Director of Civil Works may require the contractor to perform emergency dredging at another CONUS (48 contiguous states) site for a period of time equal to the remaining time under this contract at the date of notification plus up to ninety (90) days at the previously negotiated rate which appears on the schedule of prices in the BOA.

b. The Chief of Engineers may require the contractor to perform emergency dredging at an OCONUS (Outside CONUS which includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or U.S. Trust Territories) site for a period of time equal to the time remaining under this contract at the date of notification plus up to one hundred eighty

(180) days at the negotiated rate which appears on the schedule of prices in the BOA.

c. The CERF shall be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer and/or

SECTION 01 30 00 Page 15 his Representative will notify the contractor. From the time of notification, the selected hopper dredge(s) must depart for the emergency assignment within seventy-two (72) hours for CONUS or ten

(10) days for OCONUS assignments.

d. A confirming delivery order will be issued pursuant to the Basic Ordering Agreement (BOA) by the Ordering Contracting Officer and/or his Representative. Such delivery order shall utilize the schedule of rates in the BOA for the specific hopper dredges(s).

e. If during the time period specified in a, b, or c, above, a CERF vessel(s) is still required, the contract performance may be continued for additional time by mutual agreement.

1.14 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

The Seagoing Barge Act applies to this project. In the event the Apparent Low Bidder contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the Apparent Low Bidder shall within five (5) calendar days after bid opening submit a copy of said certificate to the Contracting Officer and/or his Representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of non-responsibility.

1.15 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and the DOD FAR Supplement in effect on the date of this contract (DOD FAR SUPP 52.243.7001) costs shall be in accordance with Part 31 of the Federal Acquisition Regulation.

1.16 BID GUARANTEE

a. The offeror (bidder) shall furnish a separate bid bond, or United States bonds, Treasury notes or other public debt obligation of the United States, in the proper amount, by the time set for opening of bids. Failure to do so may be cause for rejection of the bid. The Contracting Officer and/or his Representative will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

b. If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or give a bond(s) as required by the solicitation within the time specified, the Contracting Officer and/or his Representative may terminate the contract for default.

c. Unless otherwise specified in the bid, the bidder will (1) allow the number of days as indicated in paragraph 13D of Standard Form 1442 for acceptance of its bid and (2) give bond within 5 days after receipt of the forms by the bidder.

d. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount

SECTION 01 30 00 Page 16 of its bid. The bid bond, or bonds or notes of the United States, is available to offset the difference.

1.17 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled "Subcontracts," the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer and/or his Representative a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.18 SPECIAL PROHIBITION ON EMPLOYMENT

a. Definitions: "Arising out of a contract with the Department of Defense," as used in this clause, means any act in connection with (1) attempting to obtain, (2) obtaining, or (3) performing a contract or subcontract of any agency, department or component of the Department of Defense.

b. "Convictions of fraud or any other felony," as used in this clause, means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nol contendere, for which sentence has been imposed.

c. Section 941, Title IX, Pub. L. 99-500 (10 U.S.C. 2408) prohibits a person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one (1) year from the date of conviction. Defense contractors are subject to a criminal penalty of not more than $500,000 if they are convicted of knowingly employing a person under a prohibition or allowing such person to serve on their board of directors.

d. The Contractor agrees not to knowingly employ any person, convicted of fraud or any other felony arising out of a contract with the Department of Defense contract or subcontract or allow such person to serve on its board of directors from the date the Contractor learns of the conviction until one (1) year has expired from the date of conviction. However, if the person has also been debarred pursuant to FAR subpart 9.4, the above prohibition shall extend for the period of debarment, but in no event shall the prohibition be less than (1) year from the date of conviction.

e. If the Contractor knowingly employs a convicted person in a management or supervisory capacity on any defense contract or subcontract or knowingly allows such person to serve on its board of directors within the prohibited period, the Government may consider, in addition to the criminal penalties contained in Section 941 of Pub.

L. 99-500, other available remedies, such as suspension or debarment and may direct the cancellation of this contract at no cost to the Government, or terminate this contract for default.

f. The Contractor agrees to include the substance of this clause, including this paragraph (e), appropriately modified to reflect the identity and relationship of the parties, in all subcontracts

SECTION 01 30 00 Page 17 exceeding $25,000.

1.19 SUPERINTENDENCE OF SUBCONTRACTS

a. The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clauses entitled: "Superintendence by the Contractor."

(1) If more than 50% and less than 70% of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

(2) If 70% or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

b. If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made. (DOD FAR Supplement 52.236-7008)

1.20 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

In addition to the requirements contained in the Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract:

a. At the time of submission of the progress chart, the contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative shall review this breakdown within 30 calendar days after receipt and either advise the contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall any payment invoice be accepted from the contractor and any payment made to him.

The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved.

b. The contractor shall submit his request for payment by submission of a proper invoice to the office or person(s) designated in paragraph "c". For purposes of payment a "proper invoice" is defined as the following:

(1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs.

SECTION 01 30 00 Page 18

(2) A properly completed ENG Form 93 and 93a (where required).

(3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc.

The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be either a corporate officer, partner, or owner, in the case of a sole proprietorship:

I hereby certify, to the best of my knowledge and belief, that:

(1) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made from previous payments received under the contract and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract requirements and the requirements of Chapter 39 of Title 31, United States Code; and

(3) This request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract.

(4) All required prime and subcontractor payrolls have been submitted.

(Name)

(Title)

(Date)

c. The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be notified at the preconstruction conference. In addition, the contractor shall at the same time submit one copy of the detailed breakdown and the ENG Form 93 and 93a Form to the Project Engineer.

d. The Government representative shall return any request for payment, which is deemed defective within 7 days of receipt and shall specify the defects. Telephone calls with MFR or E-mail notification of the contractor about the defective invoice shall be considered sufficient notice to the contractor. If the defect concerns a disagreement as to the amount of work performed and or the amount of the payment being submitted, the Government and the contractor's representative should meet to resolve the differences and reach agreement. Upon agreement, the contractor shall submit a new breakdown and ENG Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous

SECTION 01 30 00 Page 19 submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause entitled: "Payments Under Fixed-Price Construction Contracts" and process the payment accordingly. In this event, "a proper invoice" for Prompt Payment Act purposes will not have been submitted to the Government.

f. The Government shall pay the contractor in accordance with the following time frames:

(1) Progress Payments. From the date a "Proper invoice" is received, in accordance with subparagraphs "b" and "d" of this clause, the Government will issue a check within 14 calendar days.

(2) Reduction in Retaining Payment. If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 30 calendar days after the approval of the release to the contractor by the Contracting Officer or his authorized representative.

(3) Final Payment. A final payment request shall not be considered valid until the contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the contractor has fulfilled all contract requirements and a "proper invoice" has been submitted, the Government shall issue a check within 30 days from the date of acceptance of the project by the Contracting Officer.

1.21 SUBMISSION OF CLAIMS

The following shall be submitted to the Contracting Officer at the following address: U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, New York 10278-0090:

a. Claims referencing or mentioning the Contact Disputes Act of 1978.

b. Requests for a written decision by the Contracting Officer.

c. Claims certified in accordance with the Contract Disputes Act of 1978.

No other Government representative is authorized to accept such requests.

A copy shall also be provided to the Authorized Representative of the Contracting Officer.

The Contractor shall also provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days.

1.22 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

All floating cranes and floating derricks may be only operated by qualified operators. Operators shall be designated as qualified by a source which qualifies crane and derrick operators (e.g. an independent testing and qualifying company, a union, a governmental agency, a qualified consultant (can be an in-house resource)). Qualification shall

SECTION 01 30 00 Page 20 be written (or oral) and practical operating examination unless the operator is licensed by a state or city licensing agency for the particular type of crane or derrick. Proof of qualification of crane and derrick operators shall be provided to the Contracting Officer's representative prior to the start of work.

1.23 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

a. Allowable costs for construction of marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the contractor's accounting records. When both ownership and operating costs cannot be determined from the contractor's accounting records, equipment costs shall be based upon the applicable provision 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 effect at the time of negotiations shall apply.

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

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices.