FINAL_AMD_0001_W912P619B0012_BURNS_HARBOR_DREDGING.pdf

W81G6691365547

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

INVITATION FOR BIDS NO. W912P619B0012, "Approach Channel Dredging for BURNS Harbor - (BURNS HARBOR, IN) Chicago District Project)"

THE BID OPENING DATE AND TIME REMAINS UNCHANGED. BIDS ARE DUE ON 20 SEPTEMBER 2019, BY 4:00PM (CHICAGO LOCAL TIME).

Detailed information regarding the submission of bids is located at Section 00 22 13 of the Solicitation document – See “IMPORTANT BID NOTES.”

-- THIS AMENDMENT CONTINUES ON THE FOLLOWING PAGES –

1. CONTRACT ID CODE PAGE OF PAGES

1 19

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

16C. DATE SIGNED

BY 17-Sep-2019

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 W912P619B0012

X 9B. DATED (SEE ITEM 11)

19-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Sep-2019

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P619B0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

a. REVISED BID SCHEDULE: The government is providing a revised bid schedule (Section 00 10 00 – Solicitation Contract Form). Therefore, Bidders shall remove and replace the previously issued respective Section with the Revised Section 00 10 00 enclosed hereunder. Bidders shall provide their prices on the Revised Bidding Schedule.

1. Sub-Items 0003AH and 0003AJ have been added to the revised bid schedule.

2. Group 3 Option Items (Contract Line Item 0004, to include sub-items 0004AA through 0004AK have been deleted from the revised bid schedule by way of this Amendment 0001.

b. AMENDED SECTION 00 22 13 – SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

The government is providing revised OPTION PROVISIONS to Section 00 22 13 - SUPPLEMENTARY

INSTRUCTIONS TO BIDDERS.

AWARD OF OPTION ITEMS (0002AA through 0003AJ): The government is under no obligation to award each and every option sub-item. At the discretion of the government, any, all or none of the Option Items under the Bid Schedule may be exercised as follows:

Note: The purpose of the numbers following the titles of CLINS 0002AA through 0002AE and 0003AA through 0003AG is to distinguish between the CLIN items themselves.

Option Sub-Items 0002AA through 0003AJ – May be exercised within 220 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. If any Option is exercised, the work must be performed within the time remaining under the Contract, meaning no additional time will be added to the Contract.

The respective Performance and Payment Bond sub-items for Sub-Items 0002AA through 0002AF and 0003AA through 0003AG will be awarded if any option sub-clin is exercised under the respective Option CLIN Group, as bonding is required once the contract price is increased – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228-15.

c. REVISION to SOLICITATION SECTION 00 45 00 – REPRESENTATIONS AND CERTIFICATION The following FAR Clause delineated below, is a recently released Federal Acquisition Regulation (FAR) clause and is herein incorporated via this solicitation and resulting contract.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph

(c) of this provision, the Offeror shall provide the following information as part of the offer—

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

c. REVISIONS TO SOLICITATION SECTION 00 70 00 – CONDITIONS OF THE CONTRACT

1. The below FAR Clause has been revised based on the deletion of Group 3 Option Items.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor as follows.

AWARD OF OPTION ITEMS (0002AA through 0003AJ): The government is under no obligation to award each and every option sub-item. At the discretion of the government, any, all or none of the Option Items under the Bid Schedule may be exercised as follows:

The sole purpose of the numbers after Sub-Items 0002AA through 0002AE and 0003AA through 0003AG are only used for contract line item distinction.

Option Sub-Items 0002AA through 0003AJ – May be exercised within 220 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. If any Option is exercised, the work must be performed within the time remaining under the Contract, meaning no additional time will be added to the Contract.

The respective Performance and Payment Bond sub-items for Sub-Items 0002AA through 0002AF and 0003AA through 0003AG will be awarded if any option sub-clin is exercised under the respective Option CLIN Group, as bonding is required once the contract price is increased – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228-15.

(End of clause)

2. The following FAR Clause delineated below, is a recently released Federal Acquisition

Regulation (FAR) clause and is herein incorporated via this solicitation and resulting contract.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause—

Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(END OF CLAUSE)

https://dibnet.dod.mil/

e. AMENDED SPECIFICATION SECTION(S): The following Specification Sections have been revised. The revised sections are enclosed hereunder and replaces the previously furnished sections.

1. SPECIFICATION SECTION 01 10 00, General Provisions, The word “disposal” was replaced with “placement.”

2. SPECIFICATION SECTION 01 11 00, Summary of Work, Language was added to express the means and methods for on-beach placement shall be determined by the Contractor.

3. SPECIFICATION SECTION 01 22 00, Measurement and Payment -

i. Paragraph 1.1.1, Mobilization - Updated

ii. Paragraph 1.1.2, Demobilization - Updated

iii. Paragraph 1.2.7, Ogden Dunes and/or Portage Beach Placement Area - The measurement section for option 2 (alternative on-beach placement site) was changed, instead of material being measured by barge displacement it will be measured by volume dredged.

iv. Paragraph 1.2.13 through 1.2.18.3 – Deleted in their entirety

4. SPECIFICATION SECTION 01 57 20.02, Environmental Protection for Indiana - Paragraph 3.1, Environmental Permits and Commitments – The following statement was added, “No material shall be placed on the beach unless the Government obtains a permit for beach placement.”

5. SPECIFICATION SECTION 35 20 23, Dredging –

i. The word “disposal” was replaced with “placement”;

ii. Paragraph 1.9, Dredging, Conveyance and Placement Plan (DCPP) – The Environmental

Brach was added as a required reviewer for the (DCPP) and Dredging Placement Safety Plan;

iii. Paragraph 1.9, Dredging, Conveyance and Placement Plan (DCPP) – Another requirement was added for the DCPP, requiring the Contractor to explain the method of placing material;

iv. Paragraph 1.11, Placement Area Conditions – This was revised in its entirety, providing clearer instructions of the placement area conditions

v. Paragraph 3.4.6.3, Method of Placement – This now states that the Contractor is not to block small burns boat harbor

vi. Paragraph 3.4.7, Open-Lake Placement – A bottom dump scow is now required for near shore placement

vii. Paragraph 3.4.8, On-Beach Placement – The Contractor must ensure a continuous body of sand beginning from the shoreline out to the lake is left in place, meaning no islands, ponds of water or berms are permitted to be left in place

f. POINT OF CONTACT: Anita R. Simpkins at (312) 846-5370; email:

anita.r.simpkins@usace.army.mil.

- THE REVISED BID SCHEDULE FOLLOWS –

mailto:anita.r.simpkins@usace.army.mil

REVISED BID SCHEDULE

AMENDMENT 0001 W912P619B0012

THE BELOW BID FORM SERVES AS THE BID SCHEDULE AND SHALL BE USED BY THE BIDDER

TO ENTER ITS BID PRICING IMPORTANT NOTE ‐ DISTINCTION OF LINE ITEMS:

The below Bid Schedule contains a combination of Firm Fixed Price (FFP) and cost reimbursable line items.

Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a Firm Fixed Price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, the contractor will be reimbursed as stated within the extended description of the cost reimbursable line items.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE WORK - BURNS APPROACH CHANNEL

FFP

DREDGING

This is a parent Contract Line Item, linking its Sub-Items 0001AA through 0001AE. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0001AA through 0001AE, wherein the sub-line items themselves identify the quantities required to perform said work.

PURCHASE REQUEST NUMBER: W81G6691365547

NET AMT

0001AA 1 Job

MOBILIZATION FOR BASE WORK

FFP

Under this CLIN, the contractor is required to perform mobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0001AB 1 Job

DEMOBILIZATION FOR BASE WORK

FFP

Under this CLIN, the contractor is required to perform demobilization activities.

The contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the demobilization of all of the contractor's plant and equipment at the unit price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to

0001AC 1 Job

SCOW SILENT INSPECTOR

FFP

0001AD 40,000 Cubic

Yard

MAINTENANCE DREDGING AND PLACEMENT

0001AE 1 Lot

PERFORMANCE AND PAYMENT BONDS

FFP

Payment & Performance Bond for LINE ITEMS 0001AA THROUGH 0001AD -

The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

OPTION GROUP OPTION 1 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0002AA through 0002AF. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0002AA through 0002AF, wherein the sub-line

0002AA 20,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT - 1

0002AB 10,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT - 2

0002AC 10,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT - 3

0002AD 5,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT - 4

0002AE 5,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT - 5

0002AF 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS

FFP

Payment & Performance Bond for LINE ITEMS 0002AA THROUGH 0002AE -

The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to

OPTION GROUP OPTION 2 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0003AA and 0003AJ. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0003AA through 0003AJ, wherein the sub-line

0003AA 40,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 1

0003AB 20,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 2

0003AC 10,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 3

0003AD 10,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 4

0003AE 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 5

0003AF 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - 6

0003AG 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS FOR OPTION

FFP

ITEMS 3

Payment & Performance Bond for LINE ITEM 0003AA through 0003AF and 0003AH and 0003AJ.

The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to

0003AH 1 Job

OPTION MOBILIZATION

FFP

Under this CLIN, the contractor is required to perform mobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization of all of the Contractor' plant and equipment at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to

0003AJ 1 Job

OPTION DEMOBILIZATION

FFP

Under this CLIN, the contractor is required to perform demobilization activities.

The contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the demobilization of all of the contractor's plant and equipment at the unit price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to

SUMMATION OF PRICING

TOTAL BASE BID ITEMS - LINE ITEMS 0001AA THROUGH 0001AE: $_________________________

OPTION 1 – LINE ITEMS 0002AA THROUGH 0002AF: $____________________________________

OPTION 2 – LINE ITEMS 0003AA AND 0003AJ: $_________________________________________

TOTAL OVERALL BID AMOUNT - ITEMS 0001AA THROUGH 0003AJ: $________________________

Approach Channel Dredging for Burns Harbor, Indiana W912P619B0012

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00

GENERAL PROVISIONS

06/15

PART 1 GENERAL

1.1 REFERENCES

1.2 CERTIFICATES OF COMPLIANCE

1.3 RESPONSIBLITY OF THE CONTRACTOR

1.4 SUBMITTALS

1.5 DRUG FREE WORKPLACE

1.6 REAL ESTATE

1.6.1 Additional Real Estate Rights

1.7 CONSTRUCTION SCHEDULE

1.8 INSPECTION

1.9 CONDITION OF EXISTING STRUCTURES

1.10 PRESERVATION OF HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES

1.11 MINIMUM AMOUNT OF INSURANCE REQUIRED

1.12 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.13 PERMITS AND RESPONSIBILITIES

1.14 COORDINATION WITH OTHERS

1.15 SPECIAL SAFETY REQUIREMENTS

1.16 ONE CALL SYSTEMS FOR EXCAVATORS

1.17 ELECTRICAL POWER LINES

1.18 PLACEMENT SITES

1.19 SIGNAL LIGHTS

1.20 TEMPORARY LIGHTS AND SIGNALS REQUIRED BY THE USCG

1.21 ACCOMMODATIONS FOR INSPECTORS

1.22 PRIOR, AFTER, AND QUANTITY SURVEYS

1.23 TAX EXEMPTION

1.24 BARRICADES AND WARNING SIGNS

1.25 PRECONSTRUCTION CONFERENCE

1.26 PROGRESS MEETINGS

1.27 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CCONTRACTS

1.28 SECURITY REQUIREMENTS

1.28.1 CLAUSE 15 - E-Verify Program

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

SECTION 01 10 00 Page 1 Amendment #001 - 08/29/19

SECTION 01 10 00

06/15

GENERAL PROVISIONS

PART 1 GENERAL

1.1 REFERENCES

The publications 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 385-1-1 (2014) Safety and Health Requirements Manual

EM 1110-2-1003 (2013) Engineering and Design -- Hydrographic Surveying Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 81 COLREGS: Implementing Rules

33 CFR 84 Positioning and Technical Details of Lights and Shapes

33 CFR 89 Inland Navigation Rules: Implementing Rules

1.2 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements must be executed in two copies.

Each certificate must be signed by an official authorized to certify on behalf of the manufacturing company and must contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply.

Copies of laboratory test reports submitted with certificates must contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet specific requirements.

1.3 RESPONSIBLITY OF THE CONTRACTOR

The Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings and specifications furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise designs, drawings and specifications.

Neither the Government's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause

SECTION 01 10 00 Page 2 or action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligence in connection with designs, drawings and specifications, furnished under this contract.

The rights and remedies of the Government provided for under the contract are in addition to any other rights and remedies provided by law.

1.4 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Construction Schedule ; G, CS

Condition of Existing Structures

Coordination with Others ; G, CS

Drug Free Workplace

List of E-Verified/Eligible Candidates ; G, GSE

SD-06 Test Reports

Progress Meeting Minutes

Progress Quantity Surveys

1.5 DRUG FREE WORKPLACE

Refer to FAR CLAUSE 52.223-6 entitled DRUG FREE WORKPLACE in Section 00 70 0 - Conditions of the Contract. Submit within 45 calendar days of Contractor's receipt of the "Development and Submission of Initial Project Submittals".

1.6 REAL ESTATE

There are no rights of access or any area's for use of work and storage that have been provided by the Government other than the navigation channel.

1.6.1 Additional Real Estate Rights

If additional property agreements and/or real estate rights are desired by the Contractor, they may obtain them at their own expense. Additional real estate rights obtained by the contractor must be coordinated and acknowledged as sufficient by USACE Real Estate prior to execution. Such agreements shall clearly relieve the Government of any liability resulting from the Contractor's use of such grounds.

SECTION 01 10 00 Page 3

1.7 CONSTRUCTION SCHEDULE

An initial baseline Construction Schedule Construction Schedule shall be submitted within 14 calendar days of Notice to Proceed. This schedule shall use the date of Notice to Proceed as the start date and shall show the work completed on the Contract Required Completion Date, as indicated in the FAR clause entitled COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK in Section 00 70 00 - Conditions of the Contract. At a minimum, the schedule shall include the following items:

a. Submittal, Government review, and approval of preconstruction submittals, including the Contractor Quality Control Plan, the Accident Prevention Plan, the Environmental Protection Plan, and other major work plan and materials submittals;

b. Procurement of any long lead-time equipment or materials, if any;

c. Mobilization;

d. The sequencing of each major on-site work activity from preparatory work through completion of the field work;

e. Pre-final inspection, correction of punch list items, and final inspection;

f. Demobilization; and

g. Preparation, submittal, and Government review and approval of as-built drawings and closeout submittals.

In addition to the initial baseline schedule, electronic and hard copies of an updated Construction Schedule Submittal shall be included with each payment estimate/request for payment. These schedule updates shall compare the initial baseline schedule to an updated schedule showing the actual work progress to date and a projection of the work schedule for the remainder of the Contract.

All schedule submittals shall include a tabulated earnings projection, in a format acceptable to the COR, that lists the estimated earnings for each month of the Contract duration.

1.8 INSPECTION

The presence or absence of a Quality Assurance representative shall not relieve the Contractor of responsibility for the proper execution of work in accordance with the plans and specifications.

1.9 CONDITION OF EXISTING STRUCTURES

Prior to commencement of operations by the Contractor at the site, a detailed survey will be made of all existing structures that may be affected by the Contractor's operations. The survey will be conducted in coordination with local interests, Contractor, Corps of Engineers Representative, and private parties concerned and will be sufficient in scope to provide advance agreement among all concerned as to the condition of the existing structures. Participate in pre-construction surveys of existing structures as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structures that may be incurred during the period of the contract.

SECTION 01 10 00 Page 4

1.10 PRESERVATION OF HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES

If, during construction activities, the Contractor observes items that might have historical or archaeological value, such observations must be reported immediately to the COR so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in the destruction of these resources and prevent employees from trespassing on, removing, or otherwise damaging such resources.

1.11 MINIMUM AMOUNT OF INSURANCE REQUIRED

In accordance with FAR CLAUSE entitled INSURANCE - WORK IN A GOVERNMENT INSTALLATION, the following minimum insurance coverages and limits are required. The term "Installation" referred to in this clause is deemed to mean Corps of Engineers project site or Federal property.

a. Evidence of the following minimum insurance coverages and limits, with concurrent policy expiration dates, must be received by the Department of the Army, Corps of Engineers before the Contractor can begin work. This evidence must be on a fully-completed, signed and dated ACORD Certificate of Insurance. In addition, policy endorsements must be issued by or in behalf of the insuring company or companies naming the Department of the Army, Corps of Engineers as Additional Interest Insured regarding the work. The endorsements must also provide that the Department of the Army, Corps of Engineers receive direct written notice at least 30 calendar days before the effective date of any material changes to, any cancellation of, or any non-renewal of these coverages during the time period of the Contractor's work. These endorsements must also be received by the Department of the Army, Corps of Engineers before the Contractor can begin work.

b. Should the coverages expire or be terminated during the time period of the Contractor's work, the Department of the Army, Corps of Engineers must receive an ACORD Certificate of Insurance as evidence of renewal or replacement insurance coverage and the supporting policy endorsements as specified above. The required evidence of renewal replacement insurance must be received by either the Contracting Officer or Contracting Officer's Representative at least 10 calendar days before the coverage expires or is being terminated.

c. All insuring companies must be rated A- or Excellent or better, by A.M. Best Company, an independent insurance rating service. The ACORD Certificate must list the A.M. Best Company insurance company code of listed insurance companies being offered.

Comprehensive General Liability (Occurrence policy form only) General Aggregate $2,000,000 Products/Completed Operations $2,000,000 Each Occurrence $1,000,000 Fire Damage Legal Liability $ 50,000

Comprehensive Automobile Liability (Including Hired Automobile Liability and Non-Owned Automobile Liability)

SECTION 01 10 00 Page 5

Combined Single Limit $1,000,000

Employers' Liability Each Occurrence $ 500,000 Policy Limit $ 500,000 Each Employee $ 500,000

Workers Compensation (As required by state law or Federal law)

Umbrella Liability (Occurrence policy form only) Each Occurrence and Aggregate $5,000,000

1.12 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This clause specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "DEFAULT (FIXED PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

BUSINESS DAYS BASED ON A FIVE DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

15 14 16 6 6 6 4 5 4 5 6 15

Upon acknowledgement of Notice to Proceed (NTP) and continuing throughout the contract, record on the daily Contractor Quality Control report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled business day.

The number of actual adverse weather delay days must include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delays exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather business days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

1.13 PERMITS AND RESPONSIBILITIES

Obtain all permits/licenses required for this project as required under CONTRACT CLAUSES paragraph entitled "PERMITS AND RESPONSIBILITIES".

SECTION 01 10 00 Page 6

1.14 COORDINATION WITH OTHERS

Schedule and coordinate operations affecting other Contractors, Government hired labor forces, utilities, and/or property within the work limits.

Schedule with lead time sufficient for coordination of all involved parties as necessary for timely completion of each contract feature. As evidence of this compliance with this General Provision, furnish the COR with a copy of each coordinated schedule prior to commencing operations affecting such other Contractors, utilities, and/or property.

1.15 SPECIAL SAFETY REQUIREMENTS

Comply with all applicable Federal, state and local safety requirements including, but not limited to, those provided in EM 385-1-1 .

1.16 ONE CALL SYSTEMS FOR EXCAVATORS

One call systems, established by law, are operated by owners of underground facilities for excavators. Upon notification by an excavator through a one call system, all participating operators of underground facilities in a covered area will identify and locate their facilities.

One call systems will be identified by contacting the following:

INDIANA

INDIANA UTILITY CHECK

1-800-382-5544

1.17 ELECTRICAL POWER LINES

Study the construction plans and site and know in detail all locations of power lines within the rights of way. Prior to performing any construction operation adjacent to power lines, appropriate danger signs must be provided where any equipment scheduled for use on the site is capable of contacting such lines. Confirm the location of underground lines, contact the appropriate council listed in paragraph ONE CALL SYSTEMS FOR EXCAVATORS. Aerial power lines must either be shut off and a positive means taken to prevent the lines from being energized, or clearances required by EM 385-1-1 , Safety and Health Requirements Manual, must be maintained. Work must not proceed into dangerous areas without an additional workman being assigned the crew to watch the movements of other personnel and equipment to assure that designated clearances are maintained.

1.18 DISPOSALPLACEMENT SITES

Dredge material disposal placement site shall be near the Ogden Dunes Beach for the Outer Harbor and Approach Channel material. The site is indicated. See section 01 57 20.02 , ENVIRONMENTAL PROTECTION FOR INDIANA, for additional information and requirements.

1.19 SIGNAL LIGHTS

FOR MARI NE PLANTS

Display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the United States Coast Guard (USCG), governing the following: lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in

SECTION 01 10 00 Page 7 laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines; day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant USCG Instruction M16672.2, Navigation Rules: International-Inland (COMDTINST M16672.2), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland), as applicable.

1.20 TEMPORARY LIGHTS AND SIGNALS REQUIRED BY THE USCG

FOR MARI NE PLANTS

All temporary lights and signals required by the USCG must be displayed during the required work. Information regarding required signals and lights may be obtained from the Commander, United States Ninth Coast Guard District, 1240 East Ninth Street, Cleveland, Ohio 44199.

1.21 ACCOMMODATIONS FOR INSPECTORS

FOR MARI NE PLANTS

Provide the inspectors transportation accomodations to (and from) the breakwater and within the work limits for duration of the contract as deemed necessary by the Contracting Officer. The cost is incidental to the contract; however, failure to provide transportation accomodations will result in the Contracting Officer obtaining transportation accomodations and the cost will be deducted from payments to the Contractor.

Furnish regularly to inspectors on board the dredge or other craft upon which they are employed, a Contractor's field office with suitable separate room for office purposes and transportation to and from the dredge or other craft. The room must be fully equipped and maintained to the satisfaction of the COR; it must be properly heated, ventilated, and lighted, and must have a desk which can be locked, a chair for each inspector, and washing convenience. The entire for providinging, equipping, and maintaining these accommodations must be included in the contract price. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the Contracting Officer, and the cost will be deducted from payments to the Contractor.

1.22 PRIOR, AFTER, AND QUANTITY SURVEYS

FOR MARI NE WORK

General: Perform such surveys and computations as are necessary to determine the quantities of work performed or placed during each period for which a progress payment is to be made. Both a prior and after dredging survey are required for progress payment surveys. Soundings shall be continuous and ranges shall be no greater than 100 foot intervals with actual soundings taken at least every 20 feet along each range line.

Prior sounding borders shall be the dredging boundaries as shown on the plans. The Government will make such computations as necessary to determine the final quantities of work performed or finally in place.

Unless waived by the COR in each specific case, quantity surveys made by the Contractor must be witnessed and approved by the COR. All surveys must be performed in accordance with the Class I Contract Payment Survey as specified in EM 1110-2-1003 .

SECTION 01 10 00 Page 8

Documented Information: All original field notes, computations, digital sounding data and other records of the Contractor for the purposes of layout, original, and progress must be furnished no later than five business days after completing surveys to the COR at the site of the work and must be used by the COR to the extent necessary in determining the proper amounts of progress payments. A copy of the original notes, computation, digital sounding data and records furnished to the COR must be retained by the Contractor.

Prior and After Soundings for Progress Payments: "Prior" soundings need to be plotted by the Contractor and submitted within five business days after the prior soundings are completed. Progress Quantity Surveys shall be used during the job for progress payments during the contract. "After" soundings are to be plotted by the Contractor and submitted within five business days after the soundings are completed. All soundings must be plotted at a scale of 1:50 and submitted in digital format per the COR request.

Format for Digital Sounding Data: Any sounding data provided to the Government must be on compact disk in ASCII tabular format or another format approved by the COR.

Verification: The Government may make checks as the work progresses to verify lines and grades established by the Contractor and to determine the conformance of the completed work as it progresses with the requirements of the contract specifications and drawings. Such checking by the COR shall not relieve the Contractor of his responsibility to perform all work in accordance with the contract drawings and specifications and the lines and grades given therein.

Format and Survey Notes: The format in which survey notes are recorded must be approved by the COR prior to any survey work being performed.

1.23 TAX EXEMPTION

This contract is a construction contract which contains separate amounts applicable to the performance of the services and the furnishing of the materials as defined in State of Indiana, Department of Revenue Information Bulletin No. 60, dated December 2002. Notwithstanding any other provisions of this contract, the contract price does not include any amount for Indiana Sales and Use Tax on materials to be incorporated by the Contractor or Subcontractor into the structure or improvement to real estate. The Contractor or Subcontractor should provide his supplier with a State of Indiana General Exemption Certificate for Construction Contractors (Form ST-134) with respect to such property.

For the purpose of complying with the requirements of State of Indiana, Department of Revenue Information Bulletin No. 60, dated December 2002, the Contractor, pursuant to the requirements of the solicitation must furnish prior to contract award a breakdown separating pricing: (1) Materials to be incorporated into the structure or improvement to real estate,…