W912P4-09-B-0009 Amend 1.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

Changes have been made to the station duty in Bidding Schedule B and the anticipated Notice to Proceed date has been changed.

1. CONTRACT ID CODE PAGE OF PAGES

FAR (48 CFR) 53.243

1 6

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

16C. DATE SIGNED

BY

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 W912P4-09-B-0009

X 9B. DATED (SEE ITEM 11)

26-Jun-2009

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.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

20-Jul-2009

CODE

DEPARTMENT OF THE ARMY

USACE, BUFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P4-09-B-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

BID SCHEDULE

SECTION 00010

SOLICITATION, OFFER, AND AWARD (SF 1442) AND BIDDING SCHEDULE

MAINTENANCE DREDGING

BUFFALO BLACK ROCK CHANNEL

BUFFALO, ERIE COUNTY, NEW YORK

BIDDING SCHEDULE “A”

Bid on Bidding Schedule “A” will be based upon dredging and disposal of dredged material from the Buffalo Black Rock Channel in the Government-designated Confined Disposal Facility (CDF #4) as shown on the contract drawing, and in accordance with these specifications.

(See Sections 01 35 13, “SPECIAL PROJECT PROCEDURES”, & 35 20 23, “MAINTENANCE DREDGING”, Paragraph 3.3.2)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization & Demobilization LS $_________

Maintenance Dredging:

Black Rock Channel (Sta 1+00 to 133+00 w/ disposal in Government-designated Confined Disposal Facility (CDF #4)

100,000

CY

Total Estimated Amount (Items 1 & 2) $___________

Option “A”:

3 Maintenance Dredging:

133+00 w/ disposal in Government-designated Confined Disposal Facility (CDF #4)

15,000 CY

Total Estimated Amount (Items 1, 2 & 3) $___________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 80,000 20,000 3 12,000 3,000

NOTE 2: BIDS MUST BE SUBMITTED ON EITHER OF THE BIDDING SCHEDULES “A”

AND/OR “B”. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

NOTE 3: Regarding Option Item “A”, the Government may elect to award this Option Item. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option. Additionally, the Government may elect to award the Option Item within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid amount (Items 1 & 2) and the amount of Option “A” (Item 3).

MAINTENANCE DREDGING

BUFFALO BLACK ROCK CHANNEL

BUFFALO, ERIE COUNTY, NEW YORK

BIDDING SCHEDULE “B”

Bid on Bidding Schedule “B” will be based upon dredging & disposal of dredged material from the Buffalo Black Rock Channel in the Contractor-furnished/Government-approved Disposal Area(s), with the balance, if any, in the Government-designated Confined Disposal Facility (CDF #4), as shown on the contract drawings, in accordance with these specifications.

(See Sections 01 35 13, “SPECIAL PROJECT PROCEDURES” & 35 20 23, “MAINTENANCE

DREDGING”, Paragraph 3.3.3)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization & Demobilization LS $_________

Maintenance Dredging:

133+00 w/ disposal in Contractor-furnished Disposal Area(s)

100,000

CY

Total Estimated Amount (Items 1 & 2) $___________

Option “A”:

3 Maintenance Dredging:

133+00 w/ disposal in Contractor-furnished Disposal Area(s)

15,000 CY

Total Estimated Amount (Items 1, 2 & 3) $___________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 80,000 20,000 3 12,000 3,000

NOTE 2: BIDS MUST BE SUBMITTED ON EITHER OF THE BIDDING SCHEDULES “A”

AND/OR “B”. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

NOTE 3: Regarding Option Item “A”, the Government may elect to award this Option Item. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option. Additionally, the Government may elect to award the Option Item within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid amount (Items 1 & 2) and the amount of Option “A” (Item 3).

NOTE 5: AWARD OF THE CONTRACT UNDER SCHEDULE “B” WILL BE SUBJECT TO

THE ACCEPTANCE OF THE PROPOSED CONTRACTOR-FURNISHED DISPOSAL

AREA(S), BY THE CONTRACTING OFFICER. UNLESS THE DATA REQUIRED IN

SECTION 35 20 23, MAINTENANCE DREDGING, PARAGRAPHS “REQUIRED

DOCUMENTS” AND “REQUIRED FORMS” OF THIS SPECIFICATION IS FURNISHED

WITH THE OFFER AT THE TIME OF BID OPENING, THE OFFER UNDER THIS

SCHEDULE WILL BE CONSIDERED NON-RESPONSIVE.

(End of Summary of Changes)

BUFFALO BLACK ROCK CHANNEL MAINT DREDGING - FY09 BBRCDR09

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 13 SPECIAL PROJECT PROCEDURES

01 35 26 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 10 QUALITY CONTROL SYSTEM (QCS)

01 45 04.01 10 CONTRACTOR QUALITY CONTROL

01 57 20.01 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 MAINTENANCE DREDGING

35 20 23.13 SCOW SILENT INSPECTOR

35 20 23.23 HOPPER DREDGE SILENT INSPECTOR

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 REFERENCES

1.2 LUMP SUM PAYMENT ITEMS

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

1.2.1.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Dredging

1.3.2 In-Place Quantities

1.3.3 Acceptance Section Lengths

1.3.4 Quantity Determination

1.3.5 Silent Inspector

1.3.6 Completion of Work

1.3.7 Measurement

1.3.8 Unit of Measure

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 22 00.00 10 Page 1

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 REFERENCES

The publication listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1003 ENGINEERING AND DESIGN - HYDROGRAPHIC

SURVEYING

1.2 LUMP SUM PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the "SOLICITATION, OFFER AND AWARD (SF1442) AND BIDDING SCHEDULE" (Section 00010) and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

Payment will be made for costs associated with mobilization and demobilization, as defined in Section 00800, SPECIAL CONTRACT REQUIREMENTS clause entitled "PAYMENT FOR MOBILIZATION AND DEMOBILIZATION".

1.2.1.2 Unit of Measure

Unit of measure: lump sum.

SECTION 01 22 00.00 10 Page 2

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the "SOLICITATION, OFFER AND AWARD (SF1442) AND BIDDING SCHEDULE" (Section 00010) and described below.

The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.3.1 Dredging

Payment will be made for all costs associated with the dredging operations. The Contract Unit Price per Cubic Yard of Dredging shall include the cost of removal, conveyance and disposal of all materials within the areas shown on the drawings, and specified herein, except original materials, ledge rock, boulders, cobbles, rock fragments, wrecks, scrap materials, snags, stumps, piles, debris or other material which cannot be removed or buried below the required depth by the plant specified in the accepted bid, or the equivalent of such plant, without blasting or special apparatus. The material to be paid for will be measured by computing the in-place quantity (cubic yards) available within the maximum pay prism (as stated in paragraph "Specific Areas" of Section 35 20 23 "MAINTENANCE DREDGING", as determined from the "before" soundings, less the quantity remaining within the maximum pay prism as determined from the "after" soundings, less any deductions that may be required for misplaced material, described in paragraph "Misplaced Materials" of Section 35 20 23 "MAINTENANCE DREDGING". No payment will be made for material dredged in excess of the total quantity in each dredging area and contract line item, as specified in the contract. The "after" sounding survey will be made within fourteen (14) calendar days after each acceptance section has been completed. All soundings for measurement purposes will be performed in accordance with the SPECIAL CONTRACT REQUIREMENTS (Section 00800), clause entitled "Quantity Surveys" and paragraph entitled "Quantity Determination" of this Section. Payment will be made at the unit price per cubic yard for dredging, which price shall include all costs for labor and equipment for excavation, transporting, and disposal of material specified herein and as shown on the contract drawings. Nothing in this paragraph shall be construed as prohibiting the removal of excepted material by special means at the prices agreed and approved in accordance with applicable provisions of the contract.

1.3.2 In-Place Quantities

In-place payment quantities will be computed by the Government using channel limits, or other dredging limits established by the Contracting Officer, and stationing as computed by the Government. It is the responsibility of the Contractor to compute and verify such limits and quantities before the commencement of dredging. The Contractor will be furnished drawings depicting both the "before" and "after" dredging soundings along with computer printouts of the soundings, if done by the electronic measuring system, or copies of the copies of the original field notes if done by conventional methods. Determination of the final

SECTION 01 22 00.00 10 Page 3 quantities will be based on the "before" and "after" contract dredging surveys." The total quantities to be paid for under this contract will be that quantity of dredged material removed from within the maximum pay prism, shown on the contract drawing, and disposed of in accordance with the provisions of these specifications, that do not exceed the total quantities established by the Contracting Officer pursuant to Section 35 20 23, "MAINTENANCE DREDGING" paragraph entitled "Specific Areas and Periods."

1.3.3 Acceptance Section Lengths

Examination for acceptance will not be performed until all dredging required under this contract, within 500 feet of the acceptance section, has been completed, or to a point where, in the judgment of the Contracting Officer, further dredging in the contract area will not cause shoaling or damage to the acceptance section. Unless specifically designated in the Section 01 35 13 "SPECIAL PROJECT REQUIREMENTS", paragraph "Acceptance Section Lengths", acceptance section lengths for hydraulic dredges with a cutterhead and mechanical dredges will be a minimum of 2,500 feet.

Acceptance lengths for hopper dredges will be a minimum of 5,000 feet. The acceptance section lengths will be determined by the Contracting Officer prior to the commencement of dredging.

1.3.4 Quantity Determination

Before and After dredge surveys shall be performed by the Government for purposes of acceptance and determination of quantities dredged. The Government will conduct surveys in accordance with EM 1110-2-1003, "Hydrographic Surveying", using one of the following methods: (1) multibeam, (2) single beam, or (3) lead line, whichever is deemed appropriate by the Government for the harbor/channel being dredged. The quantity calculation method utilized will be in HYPACK software utilizing either the TIN method or the Standard HYPACK method. The surveying method and quantity calculation method utilized will be determined solely by the Government and is entirely at it's discretion. The Contractor will be advised of the surveying method and quantity calculation methods to be used prior to the commencement of dredging.

1.3.5 Silent Inspector

Payment for all labor, equipment, tools and incidentals necessary to install, operate and maintain the system, as specified in Section 35 20 23.13, "SCOW SILENT INSPECTOR" and Section 35 20 23.23, "HOPPER DREDGE SILENT INSPECTOR", whichever is applicable, shall be included within the cost for "Maintenance Dredging."

SECTION 01 22 00.00 10 Page 4

1.3.6 Completion of Work

The Contractor shall notify the Contracting Officer seven (7) working days prior to completion of each specified acceptance section to allow adequate time for the scheduling of a survey crew to perform examination soundings.

Written notification may be required at the discretion of the Contracting Officer. If completion of the acceptance section is not proceeding as anticipated, the Contractor shall notify the Contracting Officer at least two (2) working days prior to the anticipated completion date so that the Government survey crew is not dispatched to perform the examination soundings and so that a revised date can be established. Costs incurred by the Government resulting from failure of the Contractor to appropriately notify the Contracting Officer shall be borne by the Contractor, similar to the "before" dredging survey provisions described in Section 35 20 23, "MAINTENANCE DREDGING", paragraph "Quantity Survey Scheduling."

1.3.7 Measurement

The total quantity of excavated material for which payment will be made in accordance with the provisions of Section 00800, SPECIAL CONTRACT REQUIREMENTS clause entitled "QUANTITY SURVEYS".

1.3.8 Unit of Measure

Unit of measure: cubic yard.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION 01 22 00.00 10 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.2.1 Submittal

1.2.2 Submittal Descriptions (SD)

1.2.3 Approving Authority

1.2.4 Work

1.3 SUBMITTAL CLASSIFICATION

1.3.1 Government Approved

1.3.1.1 Designated Reviewers

1.3.2 Information Only

1.4 APPROVED SUBMITTALS

1.5 DISAPPROVED SUBMITTALS

1.6 WITHHOLDING OF PAYMENT

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

3.2 SUBMITTAL REGISTER

3.3 SCHEDULING

3.4 TRANSMITTAL FORM (ENG FORM 4025)

3.5 SUBMITTAL PROCEDURES

3.5.1 Procedures

3.5.2 Deviations

3.6 CONTROL OF SUBMITTALS

3.7 GOVERNMENT APPROVED SUBMITTALS

3.8 INFORMATION ONLY SUBMITTALS

3.9 RESERVATION OF RIGHTS

3.10 STAMPS

SECTION 01 33 00 Page 1

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 PAYMENT

No separate payment will be made for any requirements under this Section and all costs of implementation shall be included in the payment item(s) shown in Section 00010, "SOLICITATION, OFFER AND AWARD (SF 1442) AND

BIDDING SCHEDULE."

1.2 DEFINITIONS

1.2.1 Submittal

Contract Clauses (Section 00700) "FAR 52.236-5, Material and Workmanship," paragraph (b) and "FAR 52.236-21, Specifications and Drawings for Construction," paragraphs (d), (e), and (f) apply to all "submittals."

1.2.2 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections.

Submittals are identified by SD numbers and titles as follows.

SD-01, Preconstruction Submittals

Submittals which are required prior to a notice to proceed on a new contract. Submittals required prior to the start of the next major phase of the construction on a multi-phase contract. Schedules or tabular list of data or tabular list including location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work, submitted prior to contract notice to proceed or next major phase of construction.

Certificates of insurance.

Surety bonds.

List of proposed subcontractors.

List of proposed products.

Construction Progress Schedule.

Submittal Register.

Schedule of prices.

Health and Safety Plan.

Work Plan.

Quality Control Plan.

Environmental Protection Plan.

SECTION 01 33 00 Page 2

SD-06, Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements. (Testing must have been within three years of date of contract award for the project.)

Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

Investigation reports.

Daily logs and checklists.

Final acceptance test and operational test procedure.

SD-07, Certificates

Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

Document required of Contractor, or of a manufacturer, supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

Confined space entry permits.

Text of posted operating instructions.

SD-11, Closeout Submittals

Documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism.

Special requirements necessary to properly close out a construction contract. For example, Record Drawings, manufacturer's help and product lines necessary to maintain and install equipment. Also, submittal requirements necessary to properly close out a major phase of construction on a multi-phase contract.

1.2.3 Approving Authority

Office or designated person authorized to approve submittal.

SECTION 01 33 00 Page 3

1.2.4 Work

As used in this Section, on- and off-site construction required by contract documents, including labor necessary to produce submittals, construction, materials, products, equipment, and systems incorporated or to be incorporated in such construction.

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.3.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer.

Within the terms of the Contract Clause (Section 00700) entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings."

1.3.1.1 Designated Reviewers

The organization designated to perform the review for approval for items requiring Government approval (G) is identified by acronym in the (f) (CLASSIFICATION/GOVT OR A/E REVWR) column on the SUBMITTAL REGISTER.

Following is a list of the acronyms used and their full description:

AOF = The Resident U.S. Army Corps of Engineers Area Office

TSD = Technical Services Division, Design Branch, Buffalo District, U.S. Army Corps of Engineers

1.3.2 Information Only

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.4 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory.

Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

SECTION 01 33 00 Page 4

1.5 DISAPPROVED SUBMITTALS

When a submittal is returned to the Contractor and marked "DISAPPROVED" or "APPROVED - SUBJECT TO CONDITIONS INDICATED," the Contractor shall make all corrections required by the Contracting Officer and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause (Section 00700) "Changes" shall be given promptly to the Contracting Officer.

1.6 WITHHOLDING OF PAYMENT

Payment for materials incorporated in the work will not be made if required approvals have not been obtained.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

The Contractor shall submit all items listed on the Submittal Register and specified in other sections of these specifications. The Contracting Officer may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Submittals shall be made in the respective number of copies and to the respective address set forth below. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) System Manager and each item shall be stamped, signed, and dated by the CQC System Manager indicating action taken.

Proposed deviations from the contract requirements shall be clearly identified. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby.

3.2 SUBMITTAL REGISTER

See list of attachments in Section 00100, "BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS" for Submittal Register, listing items of equipment and materials for which submittals are required by the specifications; this list may not be all inclusive and additional submittals may be required. Columns "c" through "f" have been completed by the Government; the Contractor shall complete columns "a" and "b" and "g" through "l" and submit the forms (two

(2) hard copies plus associated electronic file) to the Contracting Officer for approval within 10 calendar days after Notice to Proceed. The Contractor shall keep this records up-to-date and shall submit it to the Government together with the monthly payment request. The approved Submittal Register will become the scheduling document and will be used to control submittals throughout the life of the contract. The Submittal Register and the progress schedules shall be coordinated. In preparing the

SECTION 01 33 00 Page 5 document adequate time (minimum of 30 days) will be allowed for review, approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control Representative shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listing shall be submitted to the Contracting Officer at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

3.3 SCHEDULING

Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. Certifications to be submitted with the pertinent drawings shall be so scheduled. Adequate time (a minimum of 20 calendar days exclusive of mailing time) shall be allowed and shown on the register for review and approval. No delay damages or time extensions will be allowed for time lost in late submittals.

3.4 TRANSMITTAL FORM (ENG FORM 4025)

The sample transmittal form (ENG Form 4025), listed as an attachment in Section 00100, shall be used for submitting both Government approved and information only submittals in accordance with the instructions on the reverse side of the form. These forms will be furnished to the Contractor, or may be copied from the attached form. This form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item.

3.5 SUBMITTAL PROCEDURES

Submittals shall be made as follows:

3.5.1 Procedures

Submittals shall be made as specified herein. Contractor shall forward four (4) copies of each submittal to the Area Office as indicated in Section 01 35 13, "SPECIAL PROJECT PROCEDURES" clause entitled "Submittals and Area Office Points of Contact."

3.5.2 Deviations

For submittals which include proposed deviations requested by the Contractor, the column "variation" of ENG Form 4025 shall be checked. The Contractor shall set forth in writing the reason for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

3.6 CONTROL OF SUBMITTALS

The Contractor shall carefully control his procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register."

SECTION 01 33 00 Page 6

3.7 GOVERNMENT APPROVED SUBMITTALS

Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. The distribution of approved copies will be as specified in the Contract Clause (Section 00700) entitled "Specifications and Drawings for Construction."

3.8 INFORMATION ONLY SUBMITTALS

Normally submittals for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals.

3.9 RESERVATION OF RIGHTS

The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work;

and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

3.10 STAMPS

Stamps used by the Contractor on the submittal data to certify that the submittal meets contract requirements shall be similar to the following:

| CONTRACTOR |

| (Firm Name) | | _____ Approved | | _____ Approved with corrections as noted on submittal data and/or | | attached sheets(s). |

| SIGNATURE: __________________________________________________________ |

| TITLE: ______________________________________________________________ |

| DATE: _______________________________________________________________ |

SECTION 01 33 00 Page 7

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 13

SPECIAL PROJECT PROCEDURES

PART 1 GENERAL

1.1 SUBMITTALS

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.3 PROJECT/SITE CONDITIONS

1.3.1 Condition and Use of Project Site

1.3.2 Physical Conditions

1.3.3 Waterways Navigation, Traffic and Notice to Mariners

1.3.4 Navigation

1.3.5 Existing Vegetation, Structures, Equipment, Utilities &

Improvements

1.3.6 Condition of Channels

1.3.7 Temporary Lights, Signals and Buoys Required by the Coast Guard

1.3.8 Acceptance Section Lengths

1.3.9 Datums and Benchmarks

1.3.10 Submittals & Area Office Points of Contact

1.3.11 Notifications

1.3.12 Environmental Restrictions

1.3.13 Signage

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 ORDER OF WORK (Not Applicable)

3.2 CONFINED DISPOSAL FACILITY

3.2.1 Government-designated Confined Disposal Facility (CDF #4)

Information

3.2.2 Contractor-furnished Disposal Area Agency Coordination

SECTION 01 35 13 Page 1

SECTION 01 35 13

SPECIAL PROJECT PROCEDURES

PART 1 GENERAL

1.1 SUBMITTALS

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

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section

01 33 00, "SUBMITTAL PROCEDURES":

SD-01, Data

Material Disposal Plan; G,AOF

Submit the proposed methods, equipment and layout for disposal of dredged material.

Schedule of Work

Contractor shall submit a complete Schedule of Work.

SD-06, Test Reports

Pipeline Inspection

Submit records of pipeline inspections at required time intervals.

SD-07, Certificates

Notifications

Submit notification contacts, including date,time and individual contacted.

Notice to Mariners

A copy of the completed "NOTICE TO MARINERS" form shall be provided prior to the commencement of work.

SECTION 01 35 13 Page 2

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to commence work under this contract within ten (10) calendar days after the date of receipt by the Contractor of the Notice to Proceed to prosecute said work diligently, and to complete the entire work not later than seventy-five (75) calendar days from the date of receipt by the Contractor of the Notice to Proceed provided that should the total quantity of material to be paid for actually removed under the contract exceed the limit established in the clause entitled "Variations in Estimated Quantities--Dredging", additional time will be allowed at the rate of one (1) calendar day for each 3,000 cubic yards in excess of the established limit. Of this seventy-five (75) day performance period, thirty (30) days have been allocated for submittal review and approval. The time stated for completion shall include final clean-up of the premises. Additionally, the time period between the date of the Notice to Proceed and the opening date of the Environmental Window is reserved for administrative work (submittals, mobilization, etc.) and actual dredging of the Black Rock Channel shall not commence until the opening date of the Environmental Window. The Contractor shall comply with the milestone schedule below. Time extensions will be granted based upon the quantity of material and the dredging rate indicated above, if the stated Option is exercised.

Milestone Maximum Calendar Days After Receipt of Notice to Proceed

Commence Work (Submittals, Administration, etc.) 10

Commence Actual Sediment Removal Operations 40

Complete Entire Work 75

b. The Notice to Proceed will be issued on or about 9/16/2009.

c. Environmental Window. The Buffalo Black Rock Channels has limited dredging based upon Environmental Conditions. Dredging is permitted in the Black Rock Channel only between 1 July and 31 January of the following year. The Contractor shall adhere to these dredging restrictions and schedule his work accordingly.

d. Schedule of Work. The Contractor shall submit a complete schedule of work covering the period of time from the Notice of Award through the specified duration of the contract, including all private and Government work, and the plant intended for each project, to the Contracting Officer within ten (10) calendar days of receipt of the Notice of Award.

SECTION 01 35 13 Page 3

e. Earnings and Cost Projections. In conjunction with the schedule submittal requirements specified in Contract Clause (Section 00700) entitled "Schedules for Construction Contracts", the Contractor shall submit a monthly Summary of Earnings and Cost Projections to the Contracting Officer with each payment application. Payment requests will not be processed unless accompanied by an updated monthly summary report. The summary shall include actual billings, accruals, and projections of costs for each month remaining in the fiscal year (i.e., 1 October 2008 - 30 September 2009). Updated earnings and cost projections for the current month shall be presented along side accrual information from the previous month. Actual payments made may not include all of the earned value of work performed in a given month.

Accruals are used to provide projections of the incremental costs not yet paid for, but earned. Consequently, there may be instances where both actual payments and an accrual must be entered for the current month. Accruals may also be entered for previous months where no billings/payments have been made but work has been accomplished. The summary shall correspond to the following tabular format.

Current Earnings & Cost Projections Maintenance Dredging Black Rock Lock Project Phase(i.e., Construction) For Month Ending December 2009

Actual Cumulative = Month Billings Projections Actuals + Projections

December 2008 $0 $0 $0 January 2009 $0 $0 $0 February 2009 $0 $0 $0 March 2009 $0 $0 $0 April 2009 $0 $0 $0 May 2009 $0 $0 $0 June 2009 $0 $0 $0 July 2009 $0 $0 $0 August 2009 $21,841 $22,153 $43,994 September 2009 $295,936 $298,732 $638,662 October 2009 $301,377 $297,433 $1,237,472 November 2009 $0 $0 $0 Total $619,154 $618,318 $1,237,472

SECTION 01 35 13 Page 4

Current Earnings & Cost Projections Maintenance Dredging Black Rock Lock Project Phase(i.e., Construction) For Month Ending December 2009

Actual Cumulative = Month Billings Projections Actuals + Projections

December 2008 $0 $0 $0 January 2009 $0 $0 $0 February 2009 $0 $0 $0 March 2009 $0 $0 $0 April 2009 $0 $0 $0 May 2009 $0 $0 $0 June 2009 $0 $0 $0 July 2009 $0 $0 $0 August 2009 $22,784 $21,847 $44,631 September 2009 $299,525 $301,582 $645,738 October 2009 $318,106 $308,209 $1,272,053 November 2009 $0 $0 $0 Total $640,415 $631,638 $1,272,053

1.3 PROJECT/SITE CONDITIONS

1.3.1 Condition and Use of Project Site

The drawings indicate elevations and the reference drawings indicate the latest sounding information at the dredging site. A notification of at least five (5) calendar days shall be given to the Contracting Officer prior to bringing any dredging/construction equipment or material to the work site. The Contractor shall be responsible for damages that may be suffered due to his operations. The Contractor shall note Clause entitled "Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements."

1.3.2 Physical Conditions

The physical conditions shown on the drawings are indicative of those that prevailed at the time of the site investigations and may be different than those at the time of dredging. Significant variations that would require changes to the plans and/or specifications shall be reported to the Contracting Officer immediately.

1.3.3 Waterways Navigation, Traffic and Notice to Mariners

There is a heavy amount of traffic in the Buffalo Black Rock Channel, consisting of fishing boats, recreational boats, tugs, barges, and all classes of lake vessels varying in length to a maximum of 620 feet. To prevent any delays to the shipping industry, there shall be no mooring of dredging equipment in any of the turning basins. The Contractor shall acquaint himself with all information and regulations pertaining to navigation & vessel traffic within the waterways and shall coordinate with the U.S. Coast Guard Offices indicated in paragraph entitled "Notifications" of this Section, to assure that a "NOTICE TO MARINERS" is

SECTION 01 35 13 Page 5 issued prior to his work activity at the project site. A copy of the requisite notice form is included within Section 00100 "BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS" clause entitled "List of Attachments".

The completed form shall be sent to the address stated in subparagraph entitled "Temporary Lights, Signals and Buoys Required by the U.S. Coast Guard". The Government will not undertake to keep the waterways free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917 (see Title 33 U.S.C.A. Sec. 1). The Contractor is further required to conduct his work in such a manner as to obstruct navigation as little as possible and, in case, the Contractor's plant so obstructs a channel as to make it 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 practicable passage. Upon 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.

1.3.4 Navigation

The work areas inside the harbor are considered sheltered, although they may be subject to wave action from the north and west. Work areas in the lake approach channels are subject to lake storms from all quarters. The site of the CDF #4 is subject to wave action from lake storms, primarily from the north or west. Information and regulations pertaining to navigation may be obtained from the current issue of the "United States Coast Pilot 6", issued annually by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). The "United States Coast Pilot 6" may be obtained from National Ocean Survey, NOAA, Distribution Division-C44, Riverside, Maryland 20840.

1.3.5 Existing Vegetation, Structures, Equipment, Utilities & Improvements

General locations of applicable existing utilities, vegetation, structures, equipment and improvements, based upon latest information available to the Government have been shown on the drawings. However, it is the responsibility of the Contractor to establish the exact horizontal and vertical location and size of all existing utility lines which are located within the required work area. The Contractor shall confer with the owners of the crossings regarding their exact locations and elevations and will be held responsible for any damages done to them by the dredging operations.

Any utility lines that are not found by the Contractor, but are known to exist at the project site, shall be reported to the Contracting Officer immediately. If the Contractor damages any existing utility line, vegetation, structure, equipment or improvement, a report thereof shall be made immediately to the Contracting Officer. In any event, existing utility lines, vegetation, structures, equipment or improvements shall be protected from damage, and if damaged, shall be repaired by the Contractor at his own expense.

SECTION 01 35 13 Page 6

1.3.6 Condition of Channels

The channels are dredged totally, or in part, periodically depending upon sediment build-up over the year. Project condition sounding drawings showing the depths prior to maintenance dredging in previous years are available on the web at http://www.lrb.usace.army.mil/WhoWeAre/WaterMgmt/survey/survey.html.

Previous years drawings are to be considered for information only, and should not be considered representative of current conditions.

1.3.7 Temporary Lights, Signals and Buoys Required by the Coast Guard

All temporary lights, signals and buoys required by the U.S. Coast Guard must be displayed during the project work. Information regarding required signals, lights, buoys and other requirements may be obtained from the Commander OAN), U.S. Coast Guard, Shore Maintenance Detachment, ATTENTION:

Aids to Navigation Branch, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, Telephone (216) 522-3990.

1.3.8 Acceptance Section Lengths

Acceptance section lengths shall be as described in Section 01 22 00.00 10, "MEASUREMENT AND PAYMENT" paragraph entitled "Acceptance Section Lengths."

1.3.9 Datums and Benchmarks

The plane of reference of low water datum as used in these specifications is that determined by the following bench marks:

a. 609 USE (PID NC0365) - In Buffalo. A Control Point of the U.S.

Army Engineer District, Buffalo, is at Buffalo, Erie County, New York, in LaSalle Park, 0.57 miles south of Porter Avenue, in concrete wall along the Black Rock Canal, 3.0 feet south easterly of a mooring post,

2.0 feet from canal face of the concrete, flush with the ground surface, being highest point over cross at center of bronze disc set into the concrete. Elevation: 578.259 feet.

b. PORTER USE (PID NC0352) - In Buffalo. A Control Point of the U.S.

Army Engineer District, Buffalo, is at Buffalo, Erie County, New York, about 45 feet north of a historical marker at the foot of Porter Avenue, in concrete wall along the Black Rock Canal, 11.2 feet north of a fence, 1.5 feet from Canal face of wall, flush with the ground surface, being highest point over cross at center of bronze disc set into the concrete. (Disc is stamped: USEO PORTER). Historical marker no longer present. Elevation: 578.869 feet.

c. B 25 (PID NC0441) - In Buffalo. A Control Point of the U.S. Coast and Geodetic Survey is at Buffalo, Erie County, New York, at the easterly abutment of the Ferry Street Bridge over the Black Rock Canal leading to Squaw Island, 5.75 feet below the top of the Bridge Seat,

0.25 feet from the south edge of the abutment, near letters "B.M."

chiseled in the concrete, 3/4-foot above the ground, being highest point on the top of a copper bolt cemented horizontally into the face of the abutment. This mark called Ferry Street by U.S. Army Engineer District, Buffalo. Elevation: 578.450 feet.

SECTION 01 35 13 Page 7

d. SW CORNER USE (PID NC0319) - In Buffalo. SW Corner, a benchmark of the Buffalo District, Corps of Engineers, is at Buffalo, Erie County, New York, at the Black Rock Canal Lock, in southeast face of the old two-story yellow brick Office Building which is Building nearest the Lock, 2.5 feet from the south corner, 3-3/4 feet above the ground, being highest point on flat top of a brass rod set horizontally in the concrete. Elevation: 582.509 feet.

The plane of low water datum is 569.2 feet above mean level at Rimouski, Quebec (IGLD-1985) (International Great Lakes Datum 1985).

1.3.10 Submittals & Area Office Points of Contact

Submittals shall be transmitted to the following individual:

Mr. David Bingert Department of the Army U.S. Army Engineer District, Buffalo New York/Pennsylvania Area Office 1776 Niagara Street Buffalo, NY 14207 Phone: 716-879-4302 Fax: 716-879-4356

1.3.11 Notifications

Within five (5) days of completing the notifications required under this contract, the Contractor shall submit to the Contracting Officer, written verification of these notifications, including the date, time and the name of the point of contact with whom correspondence occurred.

a. The Contractor shall notify the Shore Maintenance Detachment, Ninth Coast Guard District, 1240 E. Ninth Street, Cleveland, OH 44199-2060, phone (216) 522-7601 and Aids to Navigation Unit, Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203, phone: (716) 843-9525, at least two (2) weeks prior to commencement of dredging, concerning the presence of Coast Guard-owned cables and the necessary action and coordination to prevent cable damage.

b. The Contractor is required to adhere to all the conditions set forth, including additional information in the New York State Department of Environmental Conservation (NYSDEC) Water Quality Permit.

c. The Contractor shall advise the following U.S. Coast Guard Offices regarding the "Notice to Mariners" requirements of this contract:

(1) U.S. Coast Guard, Aids to Navigation Unit, Buffalo 1 Fuhrmann Blvd.

Buffalo, New York 14203

(716) 843-9525/843-9527

(2) U.S. Coast Guard, Sector, Cleveland 1240 E. Ninth Street Cleveland, Ohio 44199-2060

(216) 522-7601

SECTION 01 35 13 Page 8

d. The Contractor shall contact the local U.S. Coast Guard (716-843-9343), 9th District Marine Safety Office, the Buffalo Port Authority and the most recent Federal Register for more specific information and additional marine events which may effect the dredging, transportation and disposal operations. Dredging/transport/disposal work should be scheduled accordingly.

1. The Contractor is advised that at the present time there are no marine events scheduled within the proposed work areas however, fireworks displays and other marine events are traditionally held in the Buffalo Harbor over the 4th of July holiday. Additionally, the Contractor is advised that contact with the indicated agencies regarding marine events is an ongoing requirement.

e. Since the Niagara River serves as the water supply for much of Erie County, the Contractor is directed to notify, in writing, the New York State Department of Health (584 Delaware Avenue, Buffalo, New York 14202-1295) and the local water treatment facilities listed below at least seventy-two (72) hours prior to the commencement of dredging activities:

(1) Erie County Health Department 95 Franklin Street Buffalo, New York 14202

(716) 846-7690

(2) Erie County Water Authority Engineering Department 350 Ellicott Square Buffalo, New York 14203

(716) 684-1510; Ext 44

(3) City of Buffalo Water Filtration Plant Foot of Porter Avenue Buffalo, New York 14202

(716) 855-4720 or (716) 851-5636

1.3.12 Environmental Restrictions

The Contractor will adhere to all provisions set forth in the 401 Water Quality Certification documents and will maintain a copy of this document on the dredging vessel during the entire duration of dredging operations.

Additionally, if an overflow dredge is proposed for use on this project, the Contractor shall file, for review and…