W912P5-16-B-0013-0001.pdf

CONTRACTING DIVISION (JD9)

JAMIE.DAVIES@USACE.ARMY.MIL

(615) 736-7921

(615) 736-7124

NASHVILLE TN 37202-1070

W38XDD61396179

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

The purpose of this amendment is to:

1. Post Q&A;

2. Revise Section 00800;

3. Revise Section 01000;

4. Correct w age determination from "Heavy" to "Heavy Flood Control";

5. Update FAR 52.252-3;

6. Edit 52.211-10 to add 20 calendar days for Option 3 and notice of the availability of dump scow s language; and

7. Extend the bid opening date to August 29, 2016.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY 18-Aug-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 W912P5-16-B-0013

X 9B. DATED (SEE ITEM 11)

19-Jul-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 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

18-Aug-2016

CODE

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, ROOM A680

NASHVILLE TN 37202-1070

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912P5

FACILITY CODECODE

EMAIL:TEL:

W912P5-16-B-0013

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 19-Aug-2016 01:00 PM to 29-Aug-

2016 01:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

Q&A

Clamshell Dredging in Cumberland River Solicitation Number: W912P5-16-B-0013

Questions and Answers

1. Question: What are the dimensions of the government provided dump scow barges?

Answer: Section 00800 Special Contract Requirements, Paragraph 20 has been revised to include "The dump scow dimensions are 100’ length x 26’ wide x 9’ 10” with a 300 CY Capacity."

2. Question: Are there any specific licenses or permits to be acquired by the contractor?

Answer: See Section 00800, Paragraph 7.1 Licenses and Permits and Section 01000, Paragraph 10 Permits. The contractor is responsible to check any state and local permit requirements for this type of work.

3. Question: Are there any business or occupational taxes to be assumed by the contractor?

Answer: See Section 00800, Paragraph 7.7. All taxes applicable to the contractor should be assumed to be the contractor's responsibility.

4. Question: Will this work be executed in 2016 or 2017?

Answer: The Government intends to award at least the base amount this fiscal year with work anticipated to begin in or after December 2016.

5. Question: What is the rationale for excluding all hydraulic excavators for dredging? If we have a hydraulic operated mechanical excavator meeting the performance specifications for reach, productivity, and clamshell bucket, can we bid the project using that machine?

Answer: The clamshell dredging method has been chosen for multiple reasons to include environmental permits that have been received, known traffic in the area, and use of the Government-furnished dump scows.

6. Question: We have s a barge mounted Caterpillar 385 Trackhoe that has a clamshell attachment. Can this piece of equipment be utilized to accomplish the dredging work? The specifications indicate utilized to accomplish the dredging work? The specifications indicate that a hydraulic machine cannot be used, but we didn't know if a large hydraulic trackhoe with a clamshell attachment had been considered.

Answer: In accordance with the environmental permits and Section 00800, Paragraph 3 stating excavators or other dredging equipment shall not be considered. A trackhoe is considered an excavator with an attachment, which does not meet the requirements of the applicable environmental permits and the applicable technical specifications.

7. Question: Can other barges be utilized to accomplish the work in addition to the two scow barges? We feel using only the two scow barges could unnecessarily slow down production since they only hold 300 CY each.

Answer: No, additional barges cannot be used on this project due to the amount of space the additional equipment would take and the approved TN State water quality permit 401 restrictions. The usage of the dump scows in this area is the required method of material placement in the designated areas. The placement site (Placement Site “B”), as shown in the Cumberland City Dredge_Site_Map.pdf, are within a 150 yards of the dredging site.

8. Question: The specs say that two 9 hour shifts per day be used to accomplish the work. Is this absolutely necessary if the contractor can show the work could be accomplished in the required contract time using only one shift? i.e. one 10 hour or 12 hour shift.

Answer: The requirement for the two 9 hour shifts is what it will take to complete the dredging job within the period of performance set forth in the Contract. An alternate work schedule may be submitted for approval to the Contracting Officer Representative after award.

However, the proposed schedule shall comply with the established period of performance.

9. Question: Are there other permits currently expected to be needed to accomplish the work other than the supplied permits by USACE?

Answer: USACE has received the TN State water quality permit 401 for this project. Any other permits will be the responsibility of the contractor. See Section 00800, Paragraph 7.7.

10. Question: Will it be necessary for the contractor to have a full time separate SSHO and project manager on site at all times or can they be the same person?

Answer: Yes, in accordance with Section 01000, Paragraph 17(h) the contractor shall have a designated individual (SSHO) responsible for site safety.

11. Question: If the contractor has a full time survey boat w/surveyor on site with HYPACK and real-time read out capabilities to properly maintain dredging activities, will it still be necessary for the dredging machine be installed with a dredging survey system? i.e.

Dredgepack, Clam Vision etc.

Answer: Yes, this is a requirement within the contract and specifications. Reference to a Survey Boat and Operation in Section 00800, Paragraph 21.6 has been removed.

12. Question: Bid Item 4 Performance and Payment Bonds—is that amount to include the bond premium only for the base bid or for the entire contract amount?

Answer: The initial performance and payment bonds shall cover the base amount. If any options are exercised the contractor will be required to increase the surety amount once the modification is complete.

13. Question: There are several references related to the work is to start within 20 calendar days of Notice to Proceed and that the Base contract dredging is to be completed within 50 calendar days. Do the 50 days also start at the Notice to Proceed, or do they start once mobilized to the site and the dredging work actually commences? Reference block 11 on page 1 of 66; Clause 52.211-10 on page 23 of 66; Section 00800, item 1. Type of Contract on top of page 40 of 66.

Answer: The period of performance is 50 calendar days after receipt of Notice to Proceed.

14. Question: Clause 52.211-10 on page 23 of 66 also references “Delayed Notice to Proceed” with a reference that the Government furnished dump scows would be available no later than December 30, 2016. What is the earliest date that we can expect the Government furnished dump scows to be available?

Answer: The contractor should assume they will not receive the dump scows until December 30, 2016.

15. Question: Section 00800, item 1. Type of Contract on page 39 and 40 of 66 indicates that Option 1 and Option 2 shall both be completed within 18 and 17 days respectively after modification issuance. The previously referenced clause 52.211-10 indicates that if both of the Options would be awarded the contract duration would be 85 days. (85 = 50 + 18 +17).

Are we correct in assuming that the Section 00800 item 1 intent was to have the option 1 and 2 work duration added on to the original 50 days to allow the full 85 days rather than being complete from the date of the modification issuance?

Answer: Yes.

16. Question: In the same section, if the contractor has demobilized and Option 3 is selected to perform either or both of Options 1 & 2, will we have 20 days per the base contract to remobilize and start work rather than just have the 18 or 17 days associated with the 2 options?

Answer: Yes, you will have 20 additional days to mobilize. FAR clause 52.211-10 has been amended in Amendment 0001.

17. Question: Section 00800, item 22. Payment, paragraph 22.2 Effective Time, second sentence indicates that “The effective rate will be negotiated . . .” Will the effective rate not be what is submitted on the bid schedule?

Answer: The effective rate that is bid will be a firm fixed-price. Section 00800, paragraph

21.2 (previously 22.2) has been revised to say “The effective rate should be based on the individual equipment and labor rates required to complete the work.”

18. Question: Section 00800, item 22. Payment, paragraph 22.4 Suspended Operations, indicates in the paragraph that the contractor is obligated to stay up to 3 days in a standby status. It goes on to say that after 3 days the contractor may leave the site, but must return within 3 days upon notification by the government at his own cost to remob. How long is the contractor expected to stay around at zero pay after the 3 days before he would be paid to remob to the site? Would the contractor be given more than the 3 days to resume work if the suspension was for an extended time frame?

Answer: No payment for remobilization will be paid to return to the dredge site if within the period of performance. If special circumstances requiring extensive suspension of operations, where the contractor may need more than three days to return to the worksite, the Contracting Officer will make the determination as long as it would be within reason.

19. Question: Section 01000, item 17. Work to be Performed, paragraph k. (1) Final Price Proposal, l. (2) and l. (2) (c) all reference an “MMR action”. What is an “MMR action”?

Answer: Reference to the MRR has been removed from the Specifications.

20. Question: Based on the information given is it necessary to have 2 tugs to transport and swap the barges. Since we read that is non effective time swapping the barges based on the amount of material there is not enough of non-effective time to perform the contract is there a time limit to move the barges

Answer: Bid Schedule quantities are estimates and are therefore subject to clause 52.211- 18 Variation in Estimated Quantity. Stated in Section 00800, Paragraph 21.3 Non Effective Time, (4). Time consumed moving or repositioning the material barges or other conveyance alongside of the dredge plant if the actual dredging operation is interrupted. This shall be accomplished in a highly efficient manner with minimal delays to production time. This would be a rate of 60% non-effective, since an interruption to the actual dredging work is minimal. If dredging work is non-interrupted once familiarity of usage of the dump scows is obtained, effective rate would still apply.

21. Question: What happens if I don’t meet the 300 CY/hour requirement?

Answer: Per Section 00800, Paragraph 3.5 300 CY is a required hour rate of dredging production. However, Section 00800, Paragraph 21.5 discusses time lost due to not meeting the 300 CY/hour production rate. A contractor can demonstrate that the reduction in such production rate of output is not due to their fault or negligence. If not, a suspension of operations may be issued in accordance with Section 00800 Paragraph 21.4.

The following have been modified:

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 0001: The purpose of this amendment is to:

1. Post Q&A;

2. Revise Section 00800;

3. Revise Section 01000;

4. Correct wage determination from "Heavy" to "Heavy Flood Control";

5. Update FAR 52.252-3;

6. Edit 52.211-10 to add 20 calendar days for Option 3; and

7. Extend the bid opening date to August 29, 2016.

(End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within twenty (20) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire base work ready for use not later than fifty (50) calendar days. The time stated for completion shall include final cleanup of the premises. Additional calendar days will be added to the 50 calendar days for each of the options if they are exercised as per the table below:

Option Number Additional Calendar days added to the contract Period of Performance

1 18 2 17 3 20

If Options 1 and 2 are exercised while the contractor is still onsite, the resulting period of performance will be 85 calendar days. If the contractor has demobilized and Option 3 is exercised then 20 calendar days will be added for mobilization.

Delayed Notice to Proceed: The Government Furnished self-dumping split hull Dump Scow barges will be available no later than by December 30, 2016. At least one (1) week before the dump scows become available, the Government will notify the Contractor as to the date such dump scows will be available. Once available they can be picked up at Barkley Lock CRM30.6, Cumberland River

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

1. TYPE OF CONTRACT: The contract is for channel maintenance dredging on the Cumberland River at River Mile 104 (Right Descending Bank) as indicated on the contract drawings or as directed by the Government. This contract is a Base Plus Options procurement. Descriptive figures attached to this document are planning purposes only. Final contract drawings shall be provided to the contractor after award, and prior to physical commencement of work. This work shall be completed via mechanical dredging methods.

Equipment proposed for the work shall be evaluated by the government. The contractor shall submit a proposed work schedule as part of the bid. Base work shall begin no later than 20 days following the issuance of Notice to Proceed, and shall be completed no later than 50 days thereafter. Work for option 1 shall be completed no later than 18 calendar days after modification issuance. Work for option 2 shall be completed no later than 17 days after modification issuance. Option 3 will only be exercised if the contractor has demobilized and option 1, or option 2, or both option 1 and 2 have been exercised.

2. Dredged material disposal will occur as indicated on the contract drawings or as directed by a government inspector (vicinity of Cumberland River MP 104). The Government is responsible for obtaining the applicable 401 Water Quality Certification for this action. Job Specific plan drawings shall be provided post award. The attached figures are provided as part of this solicitation for estimating purposes. The defined disposal areas remain as indicated on the drawings provided, however, the existing depths and extent of the cut areas are subject to change.

3. Equipment for this work shall be capable of dredging to a depth of 30 ft, in moderately swift current. Dredging equipment must include all operators and operating supplies. Due to environment permit terms and conditions, the dredge plant used for this work must be a clamshell bucket affixed to a barge mounted crane. Excavators or other dredging equipment proposed shall not be considered for award. The actual target grade elevation of dredging is

341.0 (18.0’ below normal pool elevation of 359.0) with an allowable overdepth of 1.0 feet.

The contractor’s plant shall be equipped appropriately to meet the required production rate.

3.1. Availability of empty barges shall not impede the performance of dredge operations (see “Payment”).

3.2. This contract requires the use of two Government Furnished Dump Scow Barges as means for material conveyance and disposal. Relative information to this equipment is attached to this solicitation. Scows shall be available for pick up at Barkley Dam (CRM 30.6), and shall be demobilized to Robert C. Byrd Lock and Dam (Ohio River Mile 279.0). Mobilization/Demobilization costs shall be priced accordingly.

3.3. The dredging plant (only) shall be equipped with an electronic satellite positioning system (see “Plant Positioning and Accuracy”).

3.4. This dredging project shall be performed as a “Simultaneous Dredge/Disposal” scenario involving two work areas. One work area is the dredging operation and the other is the disposal operation. These two tasks are to be performed simultaneously.

3.5. The required hourly rate of dredging production shall be one loaded scow (300 CY capacity) of material dredged per hour of effective time paid by the government.

3.6. Equipment mobilized for this contract shall include portable toilet facilities, an office trailer, and survey vessel stationed on or with the plant dedicated to dredging activities.

3.7. All equipment shall be suitable for both day and night work in accordance with EM 385-1-1 (as revised Nov. 2014).

4. Estimated volume of dredged material is variable, estimated at approximately 135,000 cubic yards for the base period, approximately 65,000 cubic yards for option 1 and approximately 50,000 cubic yards for option 2. Post dredge sonar surveys will be performed by the government to verify that requirements are met. Payment for this contract is NOT based on the amount of material removed. The material characteristics are expected to be primarily sand and silt. However, other materials such as gravel, cobble, or debris may be encountered.

Contractor shall coordinate with the Government to plan the sequence of work in a way that will allow river traffic to pass the site as soon as possible. Contractor will make provisions for periodic work stoppage to allow river traffic to pass as necessary. Traffic passage and industry notification shall be coordinated with the on-site government inspector.

5. The bid to be submitted by the contractor for this contract shall include all costs to complete the above described work. The submitted price shall include, but is not limited to, mobilization/demobilization, effective and non-effective time, and bonds. An itemized bid sheet is attached for each performance period, and shall be considered the governing document for pricing proposal.

6. AWARD OF WORK: The Government will conduct a determination of responsibility to ensure that the offeror can successfully complete the contract requirements. The requirements of the survey are as defined below.

To ensure award is made to a responsible bidder, a determination of responsibility will be conducted. The apparent low bidder will be contacted by the Contracting Officer and will be required to provide the requested responsibility information within 4 days. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR 9.104-1 which states to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule. Demonstrate the understanding and capability to prepare for and perform work associated with the contract under a “plant rental” scenario, as defined in the contract specifications.

c. Have a satisfactory performance record.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them.

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them. This includes an adequate fleet of dredging equipment, capable of deployment in accordance with the contract requirements.

This equipment must be in sound serviceable condition, and meet the requirements of EM 385-1-1 (November 2014).

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

h. Have a roster of qualified employees with dredging related experience, reasonable in number to fulfill the capacity requirements set forth in the contract specifications. This is to say that the contractor must have adequate staff to perform the subject work with competency and efficiency.

(3) The contract will be issued in the agreed upon amount. This contract includes a description of services to be rendered, a list of materials and supplies to be provided by the Contractor and/or the Government, the end results expected by the Contracting Officer and the required completion date for the subject work.

7. CONTRACTOR’S RESPONSIBILITY.

7.1. Licenses and Permits. The Contractor shall, at his own expense, obtain any licenses or permits required to perform the contract. The contractor shall be responsible that his employees strictly comply with all Federal, State and municipal laws that may apply to operations under the contract and it is understood and agreed that the Contractor assumes full responsibility for the safety of his employees.

7.2. General. If the contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Government representative(s) may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damage sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

7.3. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the standards of the Corps of Engineers Safety Manual, EM 385-1-1 (November 2014); or as otherwise indicated herein. Special attention shall be given to the requirement for monthly and weekly safety meetings. The contractor shall inform the Government Representative/Inspector a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

7.4. Contractor Accident Prevention Plan. The Contractor shall prepare a Site Specific

Accident Prevention Plan (APP) in accordance with EM385-1-1, Appendix A. The Contracting Officer must approve this plan prior to commencement of any work. One copy of the approved APP shall be provided to the Government’s Representative/Inspector one week prior to the pre-construction conference. The APP must be approved prior to issuance of Notice To Proceed

(NTP).

7.5. Activity Hazardous Analysis. The Contractor shall prepare an Activity Hazard Analysis (AHA), as one of many tools to insure safe performance of the work. During the Preparatory Meeting of the Three-Phased Inspection process, the Contractor is required and shall document AHA review. Prior to performing tasks of work with inherent hazards, the Contractor shall prepare to otherwise review ("Tool Box" safety meeting) the AHA with those employees who shall perform that work each time the work is ordered. A copy of the AHA shall be submitted to the Government Representative/Inspector before the Contractor starts the work.

This copy of the AHA will become the property of the Government. The Government may also request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that Government Representatives may attend such reviews.

7.6. Accident Reporting. The Contractor shall maintain an accurate record of, and report to the Government Representative/Inspector, in writing, all accidents within 24 hours of the occurrence. As a minimum, the information must answer the “who, what, when, where, why, and how” questions. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately. Any hoisting accident must be reported.

7.7. Business and Occupation Tax. Determine Business and Occupation (B&O) Tax requirements, if any. Such costs should be included and identified as such in the Contractor’s proposal for this contract, if applicable. Any costs resulting from the Contractor’s failure to comply with the above requirement shall not be made the subject of any claim for excess costs or damages by the Contractor.

8. ACCIDENT PREVENTION.

The U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-

1, as revised November 2014, and Contract Section, are hereby supplemented as follows: The Contractor shall submit for approval by the Contracting Officer an Activity Hazard Analysis prior to beginning each major phase of work. Additionally all employees must review the Activity Hazard Analysis and be familiar with and understand all of its provisions prior to beginning each phase of work.

All workers on the site are required to wear, as a minimum, protective eye wear with side shields meeting the requirements of ANSI Z87.1, and be so marked. Additional eye protection as per EM 385-1-1 may be required for specific tasks. All employees must wear approved Life Vests (complete with indicator lights), with the proper PPE required for floating plant work as per EM 385-1-1 (revised November 2014).

For job related injuries which require medical treatment, a supervisor of the injured employee will accompany the injured employee to the medical treatment facility and explain the employee’s regular duties and the availability of "Light Duty" so the injured employee can return to work as soon as medically possible.

The Contractor shall report all accidents immediately to the Contracting Officer's Representative. Additionally, the Contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the Contracting Officer's Representative on ENG Form 3394 as soon as possible but no later than two (2) working days following the accident. Corrective actions shall be implemented as soon as reasonably possible.

Protective footwear as defined an ANSI Z41 is required for all personnel engaged in or exposed to construction and maintenance activities.

All equipment shall be inspected prior to use on this contract by the Contractor and witnessed by the Government. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site. Contractor shall document inspection on CEORH Form 2824. The contractor’s compliance with Safety Standards of work shall be evaluated by the Government Representative/Inspector based on the requirements set forth in EM 385-1-1 (November 2014).

Contractor shall annotate/provide within his Daily Quality Control (QC) Report, safety man-hour’s worked. Contractor shall indicate safety hours worked that individual day for all personnel on-site. Contractor shall indicate the running total of all safety hours worked to date and as of the daily QC Report.

9. DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the Government Representative/Inspector. Where damages are caused by the Contractor's negligence, a written report of the incident and extent of such damage shall be submitted to the Government Representative/Inspector within 2 workdays (less weekends and holidays) of occurrence. The contractor is responsible for all costs for repairing the damage to the satisfaction of the Government or replacing the damaged property. The Government will determine whether the damaged property will be replaced or repaired. If the Government determines that the damaged property should be replaced, the Contractor is responsible for disposal of the damaged property in accordance with all applicable laws and regulations.

Damage or Loss to Property of a Third Party. If the Contractor damages property that does not belong to the Government or the Contractor, the Contractor is responsible for making restitution to the property owner to the owner’s satisfaction.

Damage or Loss to Contractor's Supplies and Property. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment; and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

10. SUPERVISION. The Contractor shall personally supervise the work, or have a Contractor Representative at the project during times work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

The Contractor's Representative(s) shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site contractor employee who is responsible for implementing the work plan.

The Contractor’s SSHO (or Designated Representative), in accordance with EM 385-1-1, is responsible for daily monitoring of safety conditions and coordinating safety compliance with the Government Inspector.

In addition to a Contractor Representative(s), the Contractor may also appoint Quality Control Inspectors (QCI) who will perform the Contractor's Quality Control Program. A QCI shall be responsible for implementing the Contractor Quality Control Plan and shall have the authority to determine for the Contractor when work is ready for Government inspection and make decisions for the Contractor on performance, when necessary. A QCI may be appointed for each shift, and can be a collateral duty of the Contractor Representative(s).

The Government's Representative/Inspectors will deal directly with the QCIs or contractor representatives, for normal day-to-day administration of the contract provisions.

The names of all individuals authorized to act on behalf of the Contractor as Contractor

Representative(s) or QCI(s) shall be submitted in writing to the Government Representative/Inspector before work is performed.

11. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and Local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the Government's Representative/Inspector. Any of the facilities operated by the Contractor may be inspected by the Government Representative/Inspector, or other Federal, State, and Local officials on a non-notice basis.

Access for inspection shall be granted upon request. Citations against Government facilities for noncompliance with environmental standards are a matter for resolution between the Government and the issuing office. The Government will pay fines or penalty charges associated with citations issued by Federal, State or Local officials. If the citations are issued due to faulty maintenance practices of the Contractor, the Contracting Officer (or designee) will deduct the fine from any monies due to the Contractor.

12. QUALITY CONTROL. The Contractor shall establish a Quality Control Program to assure the requirements of the contract are provided as specified. The program must be approved by the Contracting Officer prior to commencement of any work. One copy of the Contractor's Quality Control Program shall be provided to the Government Representative/Inspector at least one week prior to the pre-construction conference.

When required by the Contracting Officer, the Contractor shall attend a Quality Control / Quality Assurance mutual understanding meeting with the Corps of Engineers, scheduled by the Corps of Engineers.

Failure to provide appropriate Quality Control may result in issuance of a Contractor's Deficiency Report, and/or termination of the Contract.

An updated copy shall be provided to the Contracting Officer and Government's Representative/Inspector for approval on contract start date, and as changes occur. The program shall include, but not be limited to the following:

* An inspection system covering all the services stated on the contract specification. It shall specify areas to be inspected on either a scheduled or unscheduled basis, as well as the individuals who shall do the inspections.

* A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable.

* A file of all inspections conducted by the Contractor and the corrective actions taken.

This documentation shall be made available to the Government Representative/Inspector.

* A method, process, and/or system for ensuring record documents are updated. Records shall be readily available for Government inspection at any time. The Government may withhold (partial or full) payment of funds for a Contractor’s failure to update record documents as required.

* A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

The Contractor shall submit daily Quality Control Reports (QCR). Reports shall be sequentially numbered, beginning with the Notice-To-Proceed Date as Day 0 (zero), through the date of final acceptance of the project by the Government. Days of no work shall be noted on the next sequential working day. A separate QC Report is required for each crew. For example, if the Contractor is working two crews on the same work day, two reports shall be submitted to the government QA representative at the end of that day (one for each crew). If the Contractor works more than one shift, this requirement applies to all shifts.

13. QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to insure compliance. The presence, or absence, of a Government Representative/Inspector does not relieve the Contractor from any requirements of this contract.

14. GENERAL CONTRACTOR RESPONSIBILITIES. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, tools, equipment and operators, supplies or materials necessary to accomplish all required services. Equipment rental bids shall include all fuel, maintenance, and transportation to and from the work site. All hourly service worker bids shall include an employee qualified in the specified wage classification, personal safety equipment, tools common to the trade, and other equipment necessary to perform the varied work specified in the contract. All Contractor-furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations.

15. INCLEMENT WEATHER AND HOLIDAY WORK. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions can be approved by the Government Representative/Inspector, when severe conditions make it impractical or dangerous to perform the work. The Contractor will be notified, by modification to the Contract, of any Government determination to extend the performance period due to inclement weather.

16. PRE-CONSTRUCTION CONFERENCE. The Contractor and his authorized representative(s) shall attend a pre-construction conference, prior to the initiation of work under this contract. The Government will discuss the Contractor's responsibilities under this contract;

discuss the preparation of all reports (including inspection reports), and answer all the Contractor's questions.

17. DAMAGE TO WORK If any part of the permanent work performed by the Contractor is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer. The Contracting Officer shall have sole authority to determine if the contractor took adequate precaution to prevent the damage. Full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If the Contracting Officer determines there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to Contract Clause 52.243-4, CHANGES, of the contract will be issued. This adjustment will compensate the Contractor for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices.

Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment, and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

18. REQUIRED INSURANCE.

18.1. General. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

18.2. Workmen’s Compensation. Workmen's Compensation and Occupational Disease Coverage as legally required by the State wherein the work is being performed.

18.3. Comprehensive Automobile Liability Insurance. Bodily injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence and $100,000 per occurrence for property damage shall be required.

18.4. Comprehensive General Liability Insurance. Bodily injury coverage with minimum limits of $500,000 per occurrence shall be required. Proper damage coverage with a minimum limit of $100,000 per occurrence shall be required.

18.5. Insurance Certification. Prior to commencement of work under this contract, the Contractor shall furnish a Certificate of Insurance to the Contracting Officer for approval. The Certificate of Insurance shall contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

19. CONTRACT SPECIFICATIONS.

19.1. If electronic sets of specifications are not provided, the Government shall provide one hard copy set of specifications to the Contractor without charge, except applicable publications incorporated into the technical contract requirements by reference. It shall be the responsibility of the Contractor to furnish any necessary copies of specifications to his supplier and subcontractors. Additional sets will be furnished on request at the cost of reproduction.

19.2. Omissions from the specifications or the mis-description of details of work which are manifestly necessary to carry out the intent of these specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but they shall be performed as if fully and correctly set forth and described in the specifications.

20. DREDGE SCENARIO

This project is considered as a Simultaneous Dredge/Disposal Operation. A project in which two or more separate work areas are dedicated separately to the material loading and unloading actions of the work. Loading and dumping activities shall take place simultaneously with a continuous transfer of material from dredge area to disposal site via dump scow barges. The dump scow dimensions are 100’ length x 26’ wide x 9’ 10” with a 300 CY Capacity.

21. PAYMENT.

21.1 Pay time. Pay time shall commence when the first work assigned by the Contracting Officer or his authorized representative is initiated (upon retrieval of the first bucket of material at the first assigned dredging site) after arrival of the dredging plant(s) and equipment at the designated work site and shall end when the dredging plant(s) and equipment is released to the Contractor. All pay time will be computed on the basis of hours and minutes for effective time and non-effective time. All pay time will be recorded on the plant(s) dedicated to dredging. Payment for each plant will be computed using the awarded effective and non-effective rates divided by the number of dredge plants. Payment for each individual dredge plant will be made by usage time recorded for each plant multiplied by the resultant contract unit price. The contract unit prices shall be based on all equipment utilized to perform the work requirements. If a dredging plant becomes temporarily unserviceable, no payment will be made for that plant during the period that it is unserviceable or until replaced by another plant of equal dredging capacity as approved by the Contracting Officer or an authorized representative. Time will be calculated to the nearest minute for payment. Payment will be made monthly.

Payment shall include all costs, but not limited to, operators, laborers, fuel, supplies and repairs.

21.2 EFFECTIVE TIME the following will be considered effective dredging time and will be paid at the appropriate contract price per hour. The effective time should be based on the individual equipment and labor rates required to complete the work.

(l) Actual time when the dredging plant(s) (is) are in operation and material is being removed from the dredge area and placed into a dump scow.

(2) Actual time when the dredge area is being checked and/or swept with the bucket to insure channel dredging depth has been obtained.

(3) Dredge Quality Management equipment, as described herein, must be operational during all periods of operations as defined in Section 00800, Special Contract Requirements. Should the Dredge Quality Management equipment become non-operational for a period of more than 48 hours, the effective (100%) rate shall be reduced to 95% of the hourly rate until the system is returned to operational status.

21.3 NON-EFFECTIVE TIME the following will be considered non-effective time and will be paid at 60% of the effective contract price per hour.

(l) Time consumed in moving the dredge plant and/or barges out of the navigation channel or dredge area to allow the passage of vessels. The Contractor will be responsible for making such moves upon signal of any vessel or craft desiring to pass.

(2) Time consumed moving the dredge plant within the dredge area which would include raising and/or lowering the spuds, and also moving from one specific work area to another.

(4) Time consumed moving or repositioning material barges or other conveyance alongside of the dredge plant if the actual dredging operation is interrupted. This shall be accomplished in a highly efficient manner with minimal delays to production time.

(5) Time consumed moving or repositioning the dredge plant to and/or from an overnight mooring location based on situational requirements.

(6) Dredge Quality Management equipment must be operational during all periods of operations as defined in Section 00800, Special Contract Requirements.

Should the Dredge Quality Management equipment become non operational for a period of more than 48 hours, the non-effective (60%) rate shall be reduced to 55% of the hourly rate until the system is returned to operational status.

21.4 SUSPENDED OPERATIONS When operations are suspended by the

Contracting Officer or his authorized representative under the provisions of SPECIAL

CONTRACT REQUIREMENTS: COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK, the Contractor will be required to place his dredging plant and disposal equipment on standby status and remain in the proximity of the dredging site for a maximum of three (3) calendar days. Payment will be continued at thirty-three and one-third percent (33.3%) of the contract unit price for effective time for a period of time not to exceed three (3) calendar days. If the channel maintenance work cannot be resumed after three (3) calendar days, the rate of pay for the dredging plant and equipment shall be reduced to zero (0) pay and the Contractor may elect to move his dredging plant and equipment to other work sites. The Contractor shall move the dredging plant and equipment to the dredging and disposal sites and resume work within three (3) calendar days from the notification of the Contracting Officer or his/her authorized representative. If the Contractor elects to move his dredging plant and equipment to other work sites after the three (3) day period of no work, the cost of moving the dredging plant and equipment from the Corps channel maintenance dredge site and return it thereto shall be paid by the Contractor.

21.4.1 In the event of locally severe weather (lightning, damaging winds, extraordinarily heavy rains), dredging/disposal operations will be suspended at the discretion of the SSHO on site. Upon suspension of work, the crane boom(s) shall be lowered to a safe position and all personnel shall seek safe shelter. Governing indicators and procedures for severe weather shall be in accordance with EM-385- 1-1, and are at the discretion of the SSHO.

Suspension of work, due to locally severe weather, shall be paid at thirty-three and one-third percent (33.3%) of the contract unit price for effective time for a maximum period of three calendar days. Once weather conditions subside, work will resume at the discretion of and upon notification by Government Dredge Inspectors on each dredging vessel. Suspended Operations time shall only be paid for the normal shift working hours as agreed upon at the pre-construction conference.

21.5 NON-PAY TIME Payment will not be made for:

(1) Time lost due to shutdowns for repair or unserviceable dredging equipment and time for lubricating and fueling. The Government reserves the right to suspend operations or terminate the contract based on the severity of this condition.

(2) Time lost due to non-availability of empty barges. Should one of the dump scows become unserviceable at no fault of the contractor, the Government reserves the option to continue work by paying the 60% rate during the time the remaining scow is away from the dredge plant in performance of a dump cycle.

(3) Time lost due to insufficient crew size and the inability to perform efficiently as determined by the Contracting Officer or his authorized representative.

(4) Time lost due to shutdowns ordered by the Contracting Officer's authorized representative because of non-conformance with Safety and Health Requirements of EM 385-1-1, as revised November 2014, and Safety Requirements of the specifications.

(5) Time lost due to suspension of operations based on lack of required dredge output per working hour. Since payment for lease and operation of dredging fleet under this contract is based upon hours worked, and since the hourly rate has been evaluated for contract award upon estimates of dredge output per working hour, the Contracting Officer or his authorized representative reserves the right to suspend operations whenever the dredge output per effective working hour falls below the established production rate.