Amendment 0001.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

Solicitation Number W912HN-10-B-0023, entitled Maintenance Dredging, Atlantic Intracoastal Waterw ays, North Carolina is Amended as follow s:

1. The Time set for Bid Opening is changed from 10 September 2010 @ 2:00 PM Local Time to Read 10 September 2010 @ 1:00 PM Local Time.

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 01-Sep-2010

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 W912HN-10-B-0023

X 9B. DATED (SEE ITEM 11)

12-Aug-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 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

31-Aug-2010

CODE

U S ARMY CORPS OF ENGINEERS

WILMINGTON DISTRICT

ATTN: DANNY KISSAM

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HN-10-B-0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 10-Sep-2010 02:00 PM to 10-Sep-2010 01:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USAED, Wilmington Office, 69 Darlington Ave., Wilmington, North Carolina, 28403-1890.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-4011 Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between $5,000,000 and $10,000,000.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

1. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by topographic and hydrographic surveys.

2. Weather conditions. Temperature and rainfall data for the areas can be obtained from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Environmental Data Service, Asheville;

Information about weather condition is available through the following internet site:

Http://www.ncdc.noaa.gov

W912HN-10-B-0023

3. Transportation facilities.

a. Hobucken Land Cut: NC Highways 33 and 304 serve the general area where the work will be performed.

b. Core Creek Land Cut: U.S. Highway 70 and NC Highway 101 serve the general area where the work will be performed.

c. New River Inlet Crossing: U.S. Highway 17 and NC Highways 172 and 210 serve the general area where the work will be performed.

d. Bogue Inlet Crossing: U.S. Highway 17 and NC Highways 24 and 58 serve the general area where the work will be performed.

e. New Topsail Inlet Crossing: NC Highway 50 serves the general area where the work will be performed.

f. Carolina Beach Inlet Crossing: U.S. Highways 17, 74, 76, and 421 and Interstate 40 serve the general area where the work will be performed.

g. Lockwoods Folly Inlet Crossing: U.S. Highway 17 and NC Highway 130 serve the general area where the work will be performed.

h. Shallotte Inlet Crossing: U.S. Highway 17 and NC Highways 179 and 904 serve the general area where the work will be performed.

4. Local Tide Condition. Information about local tidal conditions are available through the following internet site.

Http://www.tidesandcurrents.noaa.gov/tides10

5. Channel Traffic. Temporary cessation of operations may be necessary for the passage of large fishing vessels, tugs with barges in tow and small vessel traffic.

6. Subsurface Investigations. Drilling logs and laboratory data are in Appendix A.

7. Condition of Channel. Controlling low water depths, at the time of the most recent survey, are shown on the drawings referred to in paragraph, CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (DEC 1991).

(End of clause)

A. SECTION 01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS

Delete existing Page 3 in its entirety and replace with enclosed revised Page.

B. SECTION 01 35 26 – SAFETY AND OCCUPATIONAL HEALTH

REQUIREMENTS - DREDGING

Delete existing Attachment 1, Appendix A, Page A-1 in its entirety and replace with enclosed revised Page.

C. SECTION 01 57 20.00 10 - ENVIRONMENTAL PROTECTION

Delete existing Pages 18 and 19 in their entirety and replace with enclosed revised Page 18 through Page 20.

D. SECTION 35 20 23 – DREDGING

Delete existing Pages 4, 6, and 7 in their entirety and replace with enclosed revised like-numbered Pages.

NOTE: Text that is added or revised by this amendment is replaced in its entirety and underlined and/or printed in bold and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

E. DRAWINGS

Delete existing Plates P-14, P-15, and P-20 in their entirety and replace with enclosed revised Plates.

(End of Summary of Changes)

Encls As stated

AIWW - Hobucken and Core Creek Land Cuts W912HN-10-B-0023 Bogue Inlet to Shallotte Inlet, NC

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publication listed below forms a part of this specification to the extent referenced. The publication is referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 310-1-6a (2006) Sign Standards Manual, VOL 1

EP 310-1-6b (2006) Sign Standards Manual, VOL 2

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

1.2 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) EMBLEM

Display the ARRA Primary Emblem in the sponsor area of the project sign as shown in Section 16 of EP 310-1-6a and EP 310-1-6b. Sign(s) may list one sponsoring entity. The minimum diameter of the ARRA Primary Emblem is 6 inches. The minimum clear space around the logo is one fourth of the diameter. Images of the emblem are available for downloading from http://www.recovery.gov/files/ARRA.zip. General Guidelines for Emblem and Logo Applications, Version 1.0 are attached at the end of this Section ( Attachment 1 - American Recovery and Reinvestment Act (ARRA) Emblem).

1.3 SUBMITTALS

Government approval is required for submittals with a "G, A" designation;

submittals not having a "G, A" designation are for information only. When used, a designation following the "G, A" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

Within 24 hours of conclusion of physical tests, 5 copies of test results including calibration curves and results of calibration tests.

SD-07 Certificates

Certificate of Insurance

SECTION 01 10 00.10 38 Page 3 (Revised by Amendment No. 0001)

EM 385-1-1

15 Sep 08

APPENDIX A

MINIMUM BASIC OUTLINE FOR ACCIDENT

PREVENTION PLANS

An Accident Prevention Plan (APP) is a safety and health policy and program document. The following areas are typically addressed in an APP, but an APP shall be job-specific and shall also address any unusual or unique aspects of the project or activity for which it is written.

The APP shall interface with the employer’s overall safety and health program, and a copy shall be available on the work site. Any portions of the overall safety and health program that are referenced in the APP shall be included as appropriate.

ANSI/ASSE A10.38 should be referenced for Programmatic Issues.

1. SIGNATURE SHEET. Title, signature, and phone number of the following:

a. Plan preparer (Qualified Person, Competent Person, such as corporate safety staff person, QC);

b. Plan must be approved, by company/corporate officers authorized to obligate the company;

c. Plan concurrence (e.g., Chief of Operations, Corporate Chief of Safety, Corporate Industrial Hygienist, project manager or superintendent, project safety professional, project QC).

Provide concurrence of other applicable corporate and project personnel (Contractor).

A-1 the bald eagle, are protected under the Migratory Bird Treaty Act of 1918, as amended. The Contractor is cautioned that he may be held responsible for harming or harassing these birds, their eggs, or their nests as a result of any activities conducted under this contract. If, during any land-based aspects of the project, nesting birds are encountered, the Contracting Officer shall be contacted immediately for instructions.

3.9.3 Avoidance of Marine Mammals

a) Records shall be kept of the date, time, and approximate location of all marine mammal sightings. Care shall be taken not to closely approach (within 300 feet) any whales, manatees, or other marine mammals during dredging operations or transportation of dredged material. The observer shall serve as a lookout to alert the dredge operator and/or vessel pilot of the occurrence of these animals.

b) If whales or manatees are observed within 300 feet of the area being dredged, all work shall cease until the animals have left the area.

If any marine mammals are observed during other dredging operations, including vessel movements and transit to the dredged material disposal site, collisions shall be avoided either through reduced vessel speed, course alteration, or both. During the evening hours, when there is limited visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if whales have been spotted within 15 nautical miles of the vessel's path within the previous 24 hours.

c) Sightings of whales or manatees (alive, injured, or dead) in the work area shall be reported to the Contracting Officer as soon as possible.

Sightings of whales shall also be reported as soon as possible to the NMFS Whale Stranding Network at (305) 862-2850.

3.9.4 Environmental Windows

The following is for information purposes only and is not intended to imply a contract performance period.

There is an environmental window of November 16 to April 30 for the disposal of dredged material on ocean front beaches. This window protects nesting and hatchling sea turtles.

There is an environmental window ending March 31 for the placement and removal of pipe, equipment movement, and discharge of dredged material in known shore bird nesting areas. All work on the inlet beach at North Topsail Beach, the north end of Carolina Beach, and the east ends of Holden and Ocean Isle Beaches, including pipe removal and escarpment leveling, shall be planned to be completed by March 31.

For any component of work on known nesting shore bird habitat, if disposal is expected to extend past March 31, coordination with the Corps is necessary 15 days prior to the end of the window. The Corps in coordination with the Wildlife Resources Commission (NCWRC) will, at that time, determine if re-alignment of the pipeline and other additional protective measures, including different pipe or equipment will be required. The Contractor is advised that if NCWRC determines that working outside the window may jeopardize nesting shorebirds, then the extension may not be granted.

For any component of work on known nesting shore bird habitat, following

SECTION 01 57 20.00 10 Page 18 completion of beach work but prior to removal of any pipeline, NCWRC will be contacted to survey the pipeline alignment and any area that may be impacted by the pipe and equipment removal project. The Contractor is advised that this survey may be delayed due to NCWRC workload. If the survey reveals nesting birds along pipeline alignment, pipe or other equipment may be required to remain onsite until nesting is completed.

There is an environmental window of October 1 through March 31 for the Hobucken Land Cut dredging.

Thee is an environmental window of November 1 through April 30 for the Core Creek Land Cut dredging.

Dredging for USCG Station Oak Island has an environmental window of October 1 through March 31.

3.10 MAINTENANCE OF POLLUTION FACILITIES

The Contractor shall maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.11 MILITARY MUNITIONS

In the event the Contractor discovers or uncovers military munitions as defined in 40 CFR 260, the Contractor shall immediately stop work in that area and immediately inform the Contracting Officer.

3.12 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. The Contractor shall conduct environmental protection/pollution control meetings for all Contractor personnel prior to commencing construction activities. Additional meetings shall be conducted for new personnel and when site conditions change. The training and meeting agenda shall include: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants;

recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area.

3.13 PREVIOUSLY USED EQUIPMENT

The Contractor shall clean all previously used equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements. See Section 01 10 00.10 38:

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS, paragraph WORK IN QUARANTINED

AREAS.

3.14 POST-CONSTRUCTION CLEANUP

The Contractor shall clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up". The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of

SECTION 01 57 20.00 10 Page 19 land-based temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. If appropriate and so directed, the disturbed area shall be graded, filled and the entire area seeded unless otherwise indicated. All post-construction cleanup shall be performed in compliance with all environmental requirements.

-- End of Section --

SECTION 01 57 20.00 10 Page 20

1.5 ORDER OF WORK

a. Unless otherwise directed by the Contracting Officer, the order of work shall be at the discretion of the Contractor.

b. The Corps of Engineers has obtained clearances for this contract from Federal and State Agencies for placement of dredged material on beaches to begin on 16 November 2010. All work on the beaches shall be complete, including cleanup on the north end of Carolina Beach by 31 March 2011 and on other beaches specified in this contract for disposal by 30 April 2011.

1.6 CHARACTER OF MATERIALS

The material to be removed is predominately composed of shoaled material, which has accumulated since the areas were last dredged. The material from all required dredging areas except AIWW Beaufort to Cape Fear Section 3 Tangent 8 (New Topsail Inlet Crossing) consists predominately of clean sand (SP). Tangent 8 consists predominately of clayey sand (SC) and clean sand (SP), with slightly silty sand (SP-SM). Wood, metal and other sunken debris that may have become lodged in the channel may also be encountered.

If rock is encountered during dredging under this contract, the Contractor is not required to remove it. The location and top of rock elevation shall be recorded on the Daily Report.

1.7 ENVIRONMENTAL WINDOWS

See Section 01 57 20.00 10, subparagraph Environmental Windows.

1.8 NOTICES

a. The Contractor shall give the Contracting Officer five (5) days advance written notice before commencing work.

b. The Contractor shall give the Contracting Officer fifteen (15) days advance written notice before placing pipe and/or sand on beaches.

c. The Contractor shall also be responsible for requesting Government before-dredging surveys, in writing, five (5) days prior to beginning dredging in an acceptance section.

d. The Contractor shall also be responsible for requesting Government after-dredging surveys in writing, three (3) working days prior to completion of an acceptance section.

1.9 NAVIGATION AIDS

There may be aids to navigation within the project boundaries. Some, or all, of such aids to navigation may need to be removed for the accomplishment of the contract work. It is the responsibility of the Contractor to provide the U.S. Coast Guard (USCG) and any other responsible parties notification 5 weeks prior to needing a navigation aid moved. Any impacts to the work due to the inability of the Contractor to accomplish any needed movement of aids to navigation will not be the responsibility of the United States Government or of the Contracting Officer.

SECTION 35 20 23 Page 4

PART 3 EXECUTION

3.1 DREDGE POSITIONING SYSTEM

Each dredge shall be equipped with an electronic positioning system, capable of positioning the dredge in the channel with accuracies as shown in Table 3.1 Minimum Performance Standards for Corps of Engineers Hydrographic Surveys (Mandatory) in USACE EM 1110-2-1003. This positioning system shall be established, operated, and maintained by the Contractor during the entire period of the contract. The positioning system shall be used to precisely locate the dredge and shall be capable of displaying and recording the dredge's location in an acceptable coordinate system, which can be related to, or is directly based on, the North Carolina Lambert State Plane Coordinate System. Navigation channel control, and shore station control, if required, will be provided to the Contractor in the same North Carolina coordinate system prior to commencement of work. It shall be the responsibility of the Contractor to have the positioning/navigation system reviewed, inspected and approved by the Contracting Officer's Representative prior to commencement of work.

3.2 DISPOSAL OF DREDGED MATERIAL

The Government furnished disposal areas are Disposal Areas 21, 26 and 277, the East End of North Topsail Beach, the East End of Holden Beach, Carolina Beach, Topsail Beach and the East End of Ocean Isle Beach, and Bogue Inlet Disposal Area, as indicated on the drawings.

The Contractor shall provide a minimum of two people, fully awake and alert, on the disposal area(s) at all times pumping operations are in progress and, if in the opinion of the Contracting Officer it is necessary, during non-pumping hours. A minimum of one dozer and operator shall be stationed at the dredging discharge line to ensure that the effluent is controlled in such a manner that high velocity discharge will not impinge on or cause erosion. The two people at the disposal area(s) shall be in constant contact with the lever room of the dredge and shall monitor the discharge and the pipeline for leaks to be certain material is not deposited outside the limits of the disposal area.

3.2.1 Disposal Areas 21, 26 and 277

The Contractor shall grade and smooth out the interior of the diked area to assure free drainage to the spillway riser(s) prior to commencement of dredging and disposal operations. Dredged material shall be placed in the disposal area as directed by the Contracting Officer. The Contracting Officer shall approve the pipeline route to the disposal area and the pipe discharge point. The Contractor shall monitor the spillways during disposal operations and adjust the height of the spillway stoplogs to allow maximum settling of suspended solids and to assure proper drainage of the retained water. When adding or removing spillway stoplogs, Contractor personnel shall comply with fall protection requirements of USACE EM 385-1-1. The Contractor shall monitor the height of the retained water to ensure sufficient freeboard (2' minimum required) is maintained within the diked disposal area during the dredging operation to assure the integrity of the dike structure and the containment of the dredged material. The Contractor shall also inspect the spillway, dike and other critical areas during dredging operations for any evidence of potential instability such as cracking, seepage, piping, settlement or slope movement. At least four inspections per 24 hour day shall be conducted or as directed by the Contracting Officer. If evidence of instability is found, the Contractor

SECTION 35 20 23 Page 6 shall notify the Contracting Officer immediately and follow the Contracting Officer's instructions until Government engineers can evaluate the stability. The breaking of a dike to permit free drainage will not be permitted. The Contractor shall be responsible for maintenance of the government furnished disposal area including the dikes and spillway system throughout the life of the contract.

3.2.2 Beach Disposal Areas

(a) Dredged material shall be deposited within the limits of the beach disposal areas as shown on the drawings. Placement of the material within Carolina Beach, North Topsail Beach, Ocean Isle Beach and Holden Beach disposal areas shall be in the form of a horizontal construction berm, not to exceed 150 feet wide, unless otherwise directed by the Contracting Officer, at an elevation of +6.0 feet NGVD 1929 (plus or minus

0.5 foot) and continue down the beach as far as the quantity of dredged material will allow. Placement of the material within Bogue Inlet Disposal Area shall be in the form of a horizontal construction berm, not to exceed 75 feet wide, unless otherwise directed by the Contracting Officer, at an elevation of +7.0 feet NGVD 1929 (plus or minus 0.5 foot) and continue down the beach as far as the quantity of dredged material will allow. Placement of the material within Topsail Beach disposal area shall be in the form of a horizontal construction berm, not to exceed 100 feet wide, unless otherwise directed by the Contracting Officer, at an elevation of +6.0 feet NGVD 1929 (plus or minus 0.5 foot) and continue down the beach as far as the quantity of dredged material will allow. The dredged material shall be placed to provide a transition as shown on the drawings from the existing +6.0 feet NGVD 1929 contour or the existing ground elevation to the full 150 foot wide construction berm elevation +6 foot NGVD 29 at each end of the Carolina Beach, North Topsail Beach, Ocean Isle Beach and Beach disposal areas, from the existing +7.0 feet NGVD 1929 contour or the existing ground elevation to the full 75 foot wide construction berm elevation +7.0 foot NGVD 29 at each end of the Bogue Inlet Disposal Area and from the existing +6.0 feet NGVD 29 contour or the existing ground elevation to the full 100 foot wide construction berm elevation +6.0 foot NGVD at each end of the Topsail Beach disposal area. The seaward slope of the construction berm shall be allowed to assume its natural angle from the seaward crest of the berm to its point of intersection with the existing profile.

(b) The sea turtle moratorium is from May 1 to November 15. The Contractor shall not deposit dredged material in the disposal areas (see drawings) prior to November 16, 2009.

(c) Typical beach disposal sections are shown on the contract drawings. Any material placed above the allowable vertical limits of the construction berm shall be removed by the Contractor at his/her expense and placed within the limits of the disposal area as shown in the typical beach disposal section. Contractor is cautioned that tides, currents, storms, etc. may have altered the beaches since the date of photography shown on the drawings. It shall be the responsibility of the Contractor to perform any required beach surveys to verify the height and width of the beach disposal area, such that the dredged material may be placed in accordance with these plans and specifications.

(d) The Contractor shall not work closer to structures than the distance shown on the drawings. Structures damaged by the Contractor's operations shall be repaired to the satisfaction of the Contracting Officer at no cost to the Government or to the owners of damaged property.

SECTION 35 20 23 Page 7