A22_Amendment_0005_W912EE-16-B-0005-0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Reference Solicitation No. W912EE-16-B-0005, for Lease of One Cutterhead, Hydraulic Pipeline Dredge (Not Less Than 22-Inch Diameter), Fully Operated w ith Attendant Plant and Personnel, w ith a Draft not to Exceed 9 Feet, for Construction and Maintenance Dredging w ithin the Vicksburg District, Other Districts w ithin the Mississippi Valley Division, or Districts Adjacent to the Vicksburg District, is amended as follow s:

SEE CONTINUATION PAGE FOR SUMMARY OF CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 25-Oct-2016

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912EE-16-B-0005

X 9B. DATED (SEE ITEM 11)

11-May-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

25-Oct-2016

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE-16-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

A new Bid Opening date and time of Thursday, 03 November 2016 at 02:00 p.m. is hereby established.

The SF1442 and NOTES sections is hereby revised and replaced in their entirety.

SPECIFICATIONS: Section 01 00 00.00 09 is revised and replaced.

Items revised by this amendment have an asterisks (*) in the margins before and after the changes to the previous issue as well as the notation “Revised by Amendment 0005” at the bottom of the page.

Specifications revised by this amendment have the notation "Revised by Amendment 0005" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

X

W807PM61029929

LEASE OF ONE CUTTERHEAD, HYDRAULIC PIPELINE DREDGE (NOT LESS THAN 22-INCH DIAMETER) FULLY OPERATED WITH ATTENDANT PLANT AND PERSONNEL WITH A DRAFT NOT TO EXCEED 9 FEET

FOR CONSTRUCTION AND MAINTENANCE DREDGING WITHIN THE VICKSBURG DISTRICT, OTHER

DISTRICTS WITHIN THE MISSISSIPPI VALLEY DIVISION, OR DISTRICTS ADJACENT TO THE VICKSBURG

DISTRICT

DESCRIPTION OF WORK: The work consists of furnishing, delivering and operating one (1) cutterhead, hydraulic pipeline dredge (not less than 22-inch diameter), fully operated with attendant plant and personnel with a draft not to exceed 9 feet for construction and maintenance dredging within the Vicksburg District, other districts within the Mississippi Valley Division, or Districts adjacent to the Vicksburg District.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

DUSTIN G. CANNADA (601)631-7546

NOTE: In this request for proposal, "bid" and "bidder" mean "offer" and "offeror".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

10 May 2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

SEE SPECIAL NOTICES TO BIDDERS

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by

GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within 30 calendar days and complete it within (365 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 00 80 00.00 09

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original to perform the work required are due at the place specified in Item 8 BY amendment.

. If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

VICKSBURG CONTRACTING OFC

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

(601)631-7261 FAX: TEL: TEL: FAX:

"Revised by Amendment 0005"

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

NOTES

(a)FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO

CONTRACT AWARD WILL BE MADE UNTIL APPROPRIATE FUNDS ARE MADE

AVAILABLE IN ACCORDANCE WITH AFARS 5101.602-2.

(b) THIS PROCUREMENT IS UNRESTRICTED.

(c) All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. See Section 00100 Entitled

“TECHNICAL INQUIRIES AND QUESTIONS”.

(d) Bidders shall furnish unit prices for all items listed on the schedule of bid items which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE

BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED

AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(e) All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit of measure is shown as "lump sum", "job" or "each".

(f) If a bid or modification to a bid based on unit price is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to the unit price in the schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to the unit price in the Bid Schedule.

(g) Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0022, 0023, 0024, 0025, 0026, 0027, 0028, 0029, 0030 are subdivided bid items.

Each of these items has been subdivided into two sub-items. The Contractor shall bid on only one of these eight subdivided bid items for the base contract period and shall bid on only one of the eight subdivided bid items for each bid option. A bid for the work shall include a bid for each of the sub-items for either Item 0001, 0002, 0003, 0004, 0005, 0006, 0007, OR 0008, and 0015, 0016, 0017, 0018, 0019, 0020, 0021, OR 0022, and 0023, 0024, 0025, 0026, 0027, 0028, 0029, OR 0030. Bidders should refer to Section 00 08 00.00 09 SPECIAL CONTRACT http://www.projnet.org/projnet

REQUIREMENTS, paragraph entitled "VARIATIONS IN ESTIMATED QUANTITIES--SUBDIVIDED ITEMS" before preparing their bid for these items.

(h) All extensions of the unit price shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

(i) Award will be made as a whole to the lowest responsive, responsible bidder as may be in the best interest of the Government.

(j) Lack of registration in the SAM database will make an offeror ineligible for award. SEE CONTRACT CLAUSE 52.204-7

ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(k)The SF1442, Bidding Schedule, Plant Characteristic Sheets, and Section 00600 (Representations and Certifications) must be accurately completed and returned with your bid or it may be rejected as nonresponsive.

(l) The contract duration will be 365 days from the date the contractor receives the notice to proceed, unless it becomes necessary to terminate the contract earlier.

(m)DEMOBILIZATION: Only ONE demobilization will be paid.

(n) Line items 0015-0022 are optional line items that may be exercised if funding becomes available but will not extend the period of performance of this contract.

(o) Except for the subdivided bid items as noted in paragraph above, Bidders shall include a bid price for all items in the base period and all items in the option period. Failure to provide bid prices for all payment items will render the bid non-responsive.

(p) If a contractor submits a bid on this solicitation to use a dredge that is currently under another contract then the contractor may not be eligible for award unless they submit a detailed plan demonstrating how they plan to successfully complete multiple contracts using one dredge. Any plan submitted must be accepted and approved by USACE prior to award.

(q)

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs–VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation–Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

"Revised by Amendment 0005" http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/ http://wtc.army.mil/modules/employers/index.html http://www.hiringourheroes.org/ http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 SCOPE OF WORK

1.2 PAYMENTS

1.2.1 General

1.2.2 Pay Time

1.3 PAYMENT INVOICES

1.4 SUBMITTAL OF SUBCONTRACTING PLAN

1.5 DESIGNATED BILLING OFFICE

1.6 PLANT

1.7 DURATION OF CONTRACT

1.8 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS

OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

1.9 SERVICES TO BE FURNISHED TO THE GOVERNMENT

1.10 ACCIDENT PREVENTION PLAN

1.11 LOUISIANA SEVERANCE TAXES

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

1.13 SSHO STAFFING FOR USACE DREDGING CONTRACTS

1.14 SSHO REQUIREMENTS FOR DREDGING

1.15 DESIGNATED REPRESENTATIVE (DR) REQUIREMENTS FOR DREDGING

1.16 SAFETY PERSONNEL TRAINING REQUIREMENTS FOR DREDGING

1.17 DREDGING AND DREDGE RELATED MARINE WORK

1.18 DAILY INSPECTIONS

1.19 MACHINERY AND MECHANIZED EQUIPMENT

1.20 MANDATORY CONDITIONS FOR WORK INVOLVING MARINE PLANT

1.21 HARBOR MAINTENANCE FEE

1.22 OFFICE ACCOMMODATIONS FOR INSPECTORS

1.23 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING

PLANT

1.24 EMERGENCY ALARMS AND SIGNALS

1.25 SIGNAL LIGHTS

1.26 HURRICANE PLAN

1.27 COAST GUARD MOTORBOAT OPERATOR'S LICENSE

1.28 WORKING IN THE VICINITY OF STRUCTURES OR UTILITY CROSSINGS

1.29 OUTBOARD BOATS

1.30 WARRANTY

1.31 CONTRACTOR'S RESPONSIBILITY

1.32 FUEL CONSUMPTION REPORTING REQUIREMENTS

1.33 MINIMUM REQUIRED INSURANCE

1.34 MARINE EQUIPMENT OWNERSHIP AND OPERATING SCHEDULE

1.35 MEALS SUPPLIED TO GOVERNMENT EMPLOYEES

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 00 00.00 09 Page 1 Revised By Amendment 0005

-- End of Section Table of Contents --

SECTION 01 00 00.00 09 Page 2

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 SCOPE OF WORK

The work to be performed under the contract consists of furnishing all plant, materials, equipment, supplies, labor and transportation, including fuel, power, water (except any materials, equipment, transportation, utility, or service specified to be furnished by the Government), and performing all work in strict accordance with the specifications and schedules. The Government intends to use the dredge at any of the locations as described in Section 35 20 23.00 09 DREDGING, paragraph WORK

LOCATIONS.

1.2 PAYMENTS

1.2.1 General

Payments will be made monthly. The unit price or job price or prices stated in the contract will be used in determining the amounts to be paid for work performed by the Contractor. Payment for work under contract will be made by the USACE Finance Center, CEFC-AO-P, 5722 Integrity Drive, Millington, Tennessee 38054-5005.

1.2.2 Pay Time

Pay time shall begin on the date and hour of acceptance of the dredge and attendant plant by the Contracting Officer, as provided in Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph DELIVERY, PROSECUTION, TERMINATION AND SUBSTITUTION OF PLANT and paragraph DURATION OF CONTRACT of this section, and shall end when dredge and attendant plant are returned to the Contractor, as provided in Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph DELIVERY, PROSECUTION, TERMINATION AND SUBSTITUTION OF PLANT. Pay time will be computed on the basis of hours and fractions of hours for effective time and in hours and fractions of hours for non-effective time as specified in Section 35 20 23.00 09 DREDGING, paragraph PAYMENTS. Time will be calculated to the nearest 1/60 of an hour for payment.

1.3 PAYMENT INVOICES

a. The Federal Acquisition Regulation requires that the "REMIT TO" address on the invoice match the "REMIT TO" address on the contract or a proper notice of assignment. The Payment Office will verify a match of the "REMIT TO" address in the contract and Contractor’s invoice prior to payment. If the addresses do not match, the invoice will be determined improper and returned to the Contractor for correction and resubmission. If an invoice is improperly returned, the original invoice receipt date shall be used as the basis for determining interest to be paid in accordance with the PROMPT PAYMENT ACT.

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment

SECTION 01 00 00.00 09 Page 3 include substantiation of the amounts requested. As required in Office of Management and Budget, Circular A-125 (Rev.), PROMPT PAYMENT, dated December 12, 1989, substantiation of the amount requested for progress payments under construction contracts includes the following:

(1) An itemization of the amounts requested related to the various elements of work required by the contract covered by the payment request;

(2) A listing of the amount included for work performed by each subcontractor under the contract;

(3) A listing of the total amount of each subcontract under the contract;

(4) A listing of the amounts previously paid to each such subcontractor under the contract; and,

(5) Additional supporting data in a form and detail required by the Contracting Officer.

c. Failure to include the above information in a Contractor’s invoice will result in the invoice being considered defective under the provisions of the PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS clause of the contract, and it will be returned to the Contractor for correction and resubmission.

1.4 SUBMITTAL OF SUBCONTRACTING PLAN

a. This paragraph does not apply to small business concerns.

b. After bid opening, and within 7 days, the apparent low bidder, upon telephone notification by the Small and Disadvantaged Business Utilization Specialist, shall submit a Small and Disadvantaged Business Subcontracting Plan. The plan shall be submitted in accordance with the Contract Clauses SMALL BUSINESS SUBCONTRACTING PLAN - ALTERNATE I and SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN, and the person responsible for administering the plan shall be named in paragraph AGENT FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN of the Representations and Certifications.

1.5 DESIGNATED BILLING OFFICE

The designated billing office for this contract shall be Department of the Army, Vicksburg District, Corps of Engineers, ATTN: CEMVK-OD-RN-D, 2449 Haining Road, Vicksburg, Mississippi, 39180, telephone (601) 631-5665.

1.6 PLANT

a. General. The Contractor agrees to place plant on the job meeting the requirements herein specified. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications and the plant shall be subject to inspection of the Contracting Officer at all times. It is understood that award of this contract shall not be construed as an agreement on the part of the Government that plant listed by the Contractor in his bid is adequate for the performance of the work. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply.

SECTION 01 00 00.00 09 Page 4

b. Performance of Plant

(1) By bidding this contract, the Contractor is guaranteeing that the dredging plant furnished will perform efficiently and safely under the conditions described in these specifications. The plant is expected to meet the hourly yardage requirements of Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT and/or maintain an average of at least 24 linear feet per hour (28 feet for a dredge with traveling spud carriage) of advance through the cut, where the swing width is 200 feet or less. All production requirements are based on the previous 48 hours of pumping time, not total operating time. The above requirements do not apply when pumping gravel, or on pipelines exceeding 5,000 feet in length.

(2) At the discretion of the Contracting Officer, and without advance notice to the Contractor, before and after dredge surveys may be taken at Government expense to determine if the plant is meeting the production requirements of Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT. The survey will encompass at least 2 days work. If the surveys show the plant is not meeting production requirements when averaged over at least 2 days, the Contractor's rate of pay from that point forward will be reduced by the proportion that his actual rate of production falls short of required production. After correcting his production deficiencies, the Contractor may purchase at his own expense, before and after dredge surveys. If these surveys show that the Contractor's plant is meeting production requirements when averaged over at least 2 consecutive days, the original rate of pay will resume.

(3) Any before and after dredge surveys taken by the Contractor under this section will utilize independent third-party hydrographic survey Contractors approved by the Contracting Officer at the Contractors expense. Surveys will be taken using standard hydrographic survey techniques. Cross sections will be taken at intervals not less than 100 feet, and quantities computed using standard methods for the industry. The same Contractor who performed the before dredge survey shall perform the after dredge survey using the same type hydrographic surveying techniques, quantity determination methods, and equipment calibrated to the same standards.

(4) This paragraph does not alter the Contracting Officer's right to terminate in accordance with Contract Clause, DEFAULT, (FAR 52.249-10) for failure to meet production requirements.

c. Unserviceable Plant. If, at any time during the life of the contract, the Contracting Officer shall determine that any item of plant or part thereof is inadequate for the service required, is not being operated at full capacity, has become unserviceable or unsafe, has become incapable of efficient work, or is not being efficiently operated because of reduced or incompetent crew, he will notify the Contractor in writing of his decision. The Contracting Officer will either suspend operations or direct that the item of plant or part thereof be removed from the work until the defects are corrected; and after giving such notice, the rate of payment for the entire plant will be reduced in the ratio that the output falls short of that established

SECTION 01 00 00.00 09 Page 5 by Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT, with allowances for changes in dredging conditions, until the defects are corrected or incompetent crew is replaced, or crew is increased to the satisfaction of the Contracting Officer in accordance with subparagraph

b. The Contractor may substitute other plant of similar capacity and power satisfactory to the Contracting Officer for any item of plant or part thereof condemned or ordered removed from the work as unfit.

d. Control

(1) The plant and its crew will work under the actual supervision of the Contractor. The Contracting Officer, or his representatives, shall direct the time and location of the work to be accomplished, dimensions of cut, and location of discharge.

(2) The Contractor, or a representative with full authority to act for him with reference to care and operation of the plant, shall be on the site of the work at all times.

e. Movement of Plant. All moving and towing of the dredge and attendant plant from point of delivery to jobs covered in these specifications, or as directed by the Contracting Officer, will be done by the Contractor. When moving to a new assignment requiring shore pipe line, it will be the responsibility of the Contractor to assemble and lay the shore pipe line ready for use prior to the arrival of the dredge. When operations are suspended, as provided in paragraph DURATION OF CONTRACT subparagraph b, towing of the dredge and attendant plant to the nearest safe harbor, when deemed advisable or necessary by the Contractor and approved by the Contracting Officer, will be performed by the Contractor.

f. Operation and Repair. The Contractor shall furnish at his own expense all labor, fuel, necessary equipment for transportation of fuel to dredge, appliances, appurtenances, equipment, materials, subsistence and supplies, and bear all expense incident to the efficient operation of his plant in connection with the work of dredging under the contract. The Contractor shall also bear all direct overhead and collateral expenses incident to the operation, upkeep, and repair of all items of plant. He shall maintain the plant in good state of repair, shall arrange for a supply of renewal parts to be on hand when needed for the dredge and each kind of attendant plant, and shall provide and maintain the required crews for each item of plant employed in connection with the work. All floating pipe lines shall be supported by catamarans, small barges, or pontoons, along with bracing of sufficient strength and stability to adequately support the pipe during dredging and towing operations. Trestles for the support of shorelines in shallow water and other places where necessary shall be built and maintained by the Contractor. All pipe lines must be kept in good condition at all times, and any pipe line leaks, or broken pipe line and/or connections must be promptly and properly repaired.

g. Responsibility for Contractor Plant and Government Property. The Government will not be responsible for loss or damage to the dredge and attendant plant, or any government property aboard the dredge or attendant plant due to the fault or negligence of the Contractor. The Contractor shall release the Government and its officers and agents from all responsibility for damages to dock facilities, submerged and aerial crossings, bridges, moored vessels, or other damages ordinarily covered by fire and marine insurance.

SECTION 01 00 00.00 09 Page 6

1.7 DURATION OF CONTRACT

a. The contract period, with all its terms and provisions, will be from 365 days from the date of awardNotice to Proceed unless it should become necessary to terminate the contract earlier.

b. The Contracting Officer or Contracting Officer's Representative reserves the right to suspend operations whenever, in his opinion, river or other conditions such as high river stages, make dredging unsafe, impractical or uneconomical.

1.8 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS OF

ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation. EM 385-1-1 version 2008 and changes are available on the Internet at http://publications.usace.army.mil/publications/eng-manuals/, click on EM_385-1-1 2008 english version. Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the contract.

1.9 SERVICES TO BE FURNISHED TO THE GOVERNMENT

a. The Contractor will be required:

(1) To furnish on the request of the Contracting Officer or any inspector, the use of such boats, boatmen, laborers and materials forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary for inspection.

(2) 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 discharge area.

b. 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.

1.10 ACCIDENT PREVENTION PLAN

Refer to the Contract Clause ACCIDENT PREVENTION (Alternate I). Within 15 days after receipt of award of the contract, an Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance.

The plan shall be prepared as specified in Appendix A, "Minimum Basic Outline for Accident Prevention Plans" of EM 385-1-1. In addition to the requirements listed, the Contractor shall also submit the required information on the forms outlined below, which can be found on the Vicksburg District Construction Division home page, http://www.mvk.usace.army.mil/Missions/EngineeringandConstructionDivision, click on Construction Services Branch, then click on Forms.

a. An executed LMV Form 358-R, "Administrative Plan".

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b. An executed MVK Form 385-359-R, "Hazard Analysis" for each definable feature of work.

c. When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be submitted on LMV Form 414R, "Fuel Oil Transfer-Floating Plant". (Refer to 33 CFR 156.)

d. The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Hazard Analysis only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase.

Also, refer to Section 1, "Program Management", paragraph 01.B, "Indoctrination and Training" of EM 385-1-1.

1.11 LOUISIANA SEVERANCE TAXES

a. The bid submitted in response to this invitation shall not include any amount whatsoever for payment of any of the following taxes, fees, or charges:

(1) The Louisiana "Severance Tax" imposed by LAS R.R. 47:631 and made applicable to the dredging of fill material from rivers and bodies of water within the State of Louisiana by the Severance Tax Regulations promulgated by the Collector of Revenue dated 31 March 1968.

(2) Any amount claimed by the Louisiana Department of Wildlife and Fisheries for the privilege of removing fill from the water bottoms of the State of Louisiana.

b. If the Contractor is required to pay or bear the burden of any tax, fee, or charge described in paragraph a.(1) and/or a.(2) above, the contract price shall be increased by that amount which the Contractor is required to pay. However, no increase in contract price shall be made for any liability the Contractor may incur as a result of his fault or negligence of his failure to follow the instructions of the Contracting Officer.

c. The Contractor shall promptly notify the Contracting Officer of all matters pertaining to taxes, fees, or charges as described herein which reasonably may be expected to affect the contract price and shall at all times follow the directions and instructions of the Contracting Officer in regard to the payment of such taxes, fees, or charges.

d. Before any increase in contract price becomes effective in accordance with the provisions of this clause, the Contractor shall warrant in writing that no amount of such taxes, fees, or charges was included in the contract price as a contingency reserve or otherwise.

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Section 1, "Program Management", paragraph 01.D, "Accident Reporting and Recordkeeping". Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported in writing to the Contracting Officer or his representative within 1 working day after the accident occurs.

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1.13 SSHO STAFFING FOR USACE DREDGING CONTRACTS

a. Dredging contracts may include several project sites; this contract will require a minimum of 1 full time SSHO assigned per project site.

SSHO may be collateral duty in specific conditions listed below.

b. Example of 1 dredging project site is reflected in each of the following:

(1) A mechanical dredge, tug(s) and scow(s), scow route, and material placement site; or

(2) A hydraulic pipeline dredge, attendant plant, and material placement site; or,

(3) A hopper dredge (include land-based material placement site -if applicable.)

c. Individual dredging project sites with work force less than 8 employees, the SSHO may be a collateral duty, with the same responsibilities of a full time SSHO.

d. Hopper dredges with USCG- Documented crews may designate an officer as a collateral-duty SSHO instead of having a full-time SSHO if the officer meets the SSHO training and experience requirements.

1.14 SSHO REQUIREMENTS FOR DREDGING

a. In addition to requirements stated elsewhere in this specification, the Site Safety and Health Officer (SSHO) shall be present at the project site, located so they have full mobility and reasonable access to all major work operations, for at least 1 shift in each 24-hour period when work is being done. The SSHO, or Alternate SSHO, shall be available during all shifts for immediate verbal consultation and notification, either by phone or radio. The SSHO shall be a full-time, dedicated position, except as noted above. The SSHO shall report to a senior project (or corporate) officials.

b. The SSHO shall inspect all work areas and operations during initial set-up and at least monthly observe and provide personal oversight on each shift during dredging operations for projects with many work sites, more often for those with less work sites.

c. For projects with multiple shifts or when SSHO is temporarily off-site, an Alternate SSHO will be assigned to insure SSHO coverage for the project at all times work activities are conducted. The Alternate SSHO must meet the same requirements and assume the responsibilities of the project SSHO. The Alternate SSHO position may be a collateral duty.

d. If the SSHO is off-site for a period longer than 24 hours, a qualified replacement SSHO shall be provided and shall fulfill the same roles and responsibilities as the primary/ initial SSHO.

1.15 DESIGNATED REPRESENTATIVE (DR) REQUIREMENTS FOR DREDGING

a. Designated Representatives (DR) are collateral duty safety personnel, with safety duties in addition to their full-time

SECTION 01 00 00.00 09 Page 9 occupation, and support and supplement the SSHO efforts in managing, implementing and enforcing the Contractor's Safety and Health Program.

DRs shall be individual(s) with work oversight responsibilities, such as masters, mates, fill foremen, and superintendants. DRs should not be positions requiring continuous mechanical or equipment operations, such as equipment operators.

b. A DR shall be appointed for all remote work locations more than 45 minutes' travel time from the SSHO's duty location, typically including dredged material placement sites, towing and scow operations, and other operations.

c. The DRs will perform safety program tasks as designated by the SSHO and report safety findings to the SSHO/Alternate SSHO. The SSHO shall document results of safety findings and provide information for inclusion in the CQC reports to the Government Representative.

1.16 SAFETY PERSONNEL TRAINING REQUIREMENTS FOR DREDGING

a. The Site Safety and Health Officer (SSHO), Alternate SSHO, and Designated Representatives for dredging contracts shall take either the OSHA 30-hour Construction Safety Course or an equivalent 30 hours of formal safety and health training covering the subjects of the OSHA 30-hour Course (see EM 385-1-1 Appendix A, para. 4.b) applicable to dredging work and given by qualified instructors.

b. The SSHOs shall also have taken 24 hours of formal classroom or online safety and health related coursework in the past 4 years. Hours spent as an instructor in such courses will be considered the same as attending them, but each course only gets credit once (ie. Instructing a 1-hour asbestos awareness course 5 times in the past 4 years provides 1-hour credit for training).

c. The SSHO, Alternate SSHO, and Designated Representatives shall have a minimum of 3 years continuous experience within the past 5 years in supervising/ managing dredging, marine or land-based construction, work managing safety programs or processes, or conducting hazard analyses and developing controls in activities or environments with similar hazards. This is in lieu of the construction experience required by paragraph 01.A.17.b, EM 385-1-1.

1.17 DREDGING AND DREDGE RELATED MARINE WORK

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP),

a. Make available for review, upon request, the Contractor's current Safety Management System (SMS) documentation,

b. Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

c. Submit the current dredge(s) Certificate of Compliance based on

SECTION 01 00 00.00 09 Page 10 third party audit, and

d. Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

1.18 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. As a minimum each report shall include the following:

a. Phase(s) of construction underway during the inspection.

b. Locations or areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

1.19 MACHINERY AND MECHANIZED EQUIPMENT

Machinery and mechanized equipment used under this contract shall comply with the following:

a. When mechanized equipment is operated on floating plant, the Contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on- and off-road), backhoes, hydraulic excavators (track hoes), and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water.

Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps for review and acceptance prior to start of this feature of work.

b. The stability of crawler, truck, and wheel-mounted cranes shall be assured.

(1) The manufacturer's load-rating chart may be used to determine the maximum allowable working load for each particular crane's boom angle provided a test load, with a boom angle of 20 degrees, confirms the manufacturer's load-rating table.

(2) Stability tests are required if:

(i) There is no manufacturer's load-rating chart securely fixed to the operator's cab;

(ii) There has been a change in boom or other structural member;

or

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(iii) There has been a change in the counterweight.

The test shall consist of lifting a load with the boom in the least stable undercarriage position and at an angle of 20 degrees above the horizontal. The test shall be conducted under close supervision on a firm, level surface. The load that tilts the machine shall be identified as the test load. The test load moment (in ft-lbs) shall then be calculated by multiplying the horizontal distance (in feet) from the center of rotation of the machine to the test load, times the test load (in lbs).

Three-fourths of this test-load moment shall then be used to compute the maximum allowable operating loads for the boom at 20, 40, 60, and 80 degrees above horizontal. From these maximum allowable operating loads, curve shall be plotted and posted in the cab of the machine in sight of the operator. These values shall not be exceeded except in the performance test described below. The test load shall never exceed 100 percent of the manufacturer's maximum rated capacity.

(3) In lieu of the test and computations above, the crane may be load tested for stability at each of the 4 boom positions listed above.

c. Performance tests shall be performed in accordance with Section 18.G, "Machinery and Mechanized Equipment" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual, except as specified below. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months.

(1) When conducting a performance load test which is required of a new crane or a crane in which load sustaining parts have been altered, replaced, or repaired (excluding replacement of the rope), the test load shall be as specified in ASME/ANSI B30 Series. That is, for overhead, gantry, portal, pillar, tower, monorail, and underhung cranes, the test load shall not exceed 125 percent of the manufacturer's load rating capacity chart at the configuration of the test; and for hammerhead tower, mobile, and floating cranes and boom trucks, the test load shall not exceed 110 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(2) When conducting a performance load test which is required because a crane is reconfigured, or reassembled after disassembly, or because the crane requires an annual load test, the test loads shall not exceed 100 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(3) All load tests are required to be conducted in accordance with the manufacturer's recommendations.

d. Inspections shall be made which will ensure a safe and economical operation of both cranes and draglines with inspection documented.

Copies of the inspections and tests shall be available at the job site for review. All stability and performance tests on cranes and all complete dragline inspections shall be witnessed by the Contracting Officer or his authorized representative.

e. A complete dragline inspection shall be made:

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(1) At least annually;

(2) Prior to the dragline being placed in operation; and

(3) After the dragline has been out of service for more than 6 months.

f. All heavy equipment moved onto the worksite shall be inspected for compliance with this contract. The CEMVK-SO Inspection forms attached at the end of this section shall be completed by the Contractor. All completed forms, including abatement schedule of any violations, shall be maintained at the job site for continued review and update as needed.

1.20 MANDATORY CONDITIONS FOR WORK INVOLVING MARINE PLANT

a. All dredges and quarter boats not subject to USCG inspection and certification or not having a current American Bureau of Shipping (ABS) classification shall be inspected in the working mode prior to commencement of physical work at the job site and annually thereafter by a marine surveyor accredited by the National Association of Marine Surveyors (NAMS) or Society of Accredited Marine Surveyors (SAMS) and having at least 5 years experience in commercial marine plant and equipment. A copy of the most recent inspection report shall be posted in a public area on board the vessel and a copy shall be furnished the designated authority upon request.

b. A Dredge Safety Inspection Check List will be supplied to the Contractor at anytime before any work commences. The Contractor will use this form as a guide to check and correct any safety deficiencies.

Before final acceptance of the dredge, a Contracting Officer's employee will use this same form to make another inspection of the dredge plant. All deficiencies found on the checklist shall be corrected prior to commencement of work or an abatement plan addressing these deficiencies shall be submitted to the District Safety Office for review and approval.

1.21 HARBOR MAINTENANCE FEE

a. Offerors or bidders contemplating use of U.S. ports in the performance of contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports.

The fee is 0.125 percent (0.00125). Cargo to be used in performing work under contracts with the U.S. Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the Customs Service.

b. The statute is at Title 26 U.S. Code section 4461 and 4462.

Department of Treasury Customs Service regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs Service Offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs Service, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

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1.22 OFFICE ACCOMMODATIONS FOR INSPECTORS

The Contractor shall provide an office on board the dredge for exclusive use by Government inspectors. The office shall be at least 150 square feet and shall be properly lighted, ventilated, heated, and cooled to maintain an inside temperature of 75 degrees F at all times when the dredge is operating. The sound level in the office shall not exceed 80 db. The office shall contain the following furniture and equipment:

a. Lockable desk

b. 4 chairs, 2 of which are padded, swivel, tilt chairs with arm.

c. 3-drawer file cabinet

d. Computer work desk

e. Computer monitor duplicating the GPS screen used by the leverman