Am2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your 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 APPROPIRATION DATA (If required)

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

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

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0002 12 Sept 2009

USACE, Los Angeles District Contracting Division, West Region Branch P.O. Box 532711 Los Angeles, CA 90053-2325

W912PL-09-B-0005

24 August 2009

LAKE O'NEILL DREDGING AND RECHARGE PONDS REHABILITATION, MARINE CORPS BASE, CAMP PENDLETON, SAN DIEGO COUNTY, CALIFORNIA

Amendment issued to revise the following.

Standard Form 1442 (block 11 modified)

See attached continuation sheet for revisions of 13 other sections. SF30 continued:

Lake O’Neill Dredging and Recharge Ponds Rehabilitation W912PL-09-B-0005 Marine Corps Base, Camp Pendleton, San Diego County, CA

SF30 Continuation – Amendment 2

1. Replace Section 08000 Special Contract Requirements.

2. Replace Section 01 11 00 SUMMARY OF WORK.

3. Replace Submittal Register. (End of Section 01 33 00).

4. Replace Section 01 45 04 CONTRACTOR QUALITY CONTROL.

5. Replace Section 01 57 20 ENVIRONMENTAL PROTECTION

6. Replace Section 01 57 23 EROSION CONTROL

7. Replace Section 01 78 00 CLOSEOUT SUBMITTALS.

8. Replace Section 31 00 00 EATHWORK.

9. Replace Section 31 11 00 CLEARING AND GRUBBING.

10. Replace Section 35 20 23 DREDGING.

11. Replace Section 35 31 19 MOBILZATION AND DEMOBILIZATION.

12. Replace Section 35 41 00 LEVEE CONSTRUCTION.

13. Replace Section 35 80 00 WATER DELIVERY.

SF-30 Continuation Amendment 2

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-09-B-0005 X 24 AUG 2009 1 OF 2

USACE, Los Angeles District Contracting Division, West Region Branch 915 Wilshire Blvd P. O. Box 532711, Los Angeles, CA 90053-2325

See Item 7

Pat Bonilla/Julie Ayala 213.452.3255 or 3241

LAKE O'NEILL DREDGING AND RECHARGE PONDS REHABILITATION, MARINE CORPS BASE, CAMP PENDLETON, SAN

DIEGO COUNTY, CALIFORNIA

The proposed contract consists (1) increasing the surface water storage capacity of Lake O'Neill by performing maintenance dredging and (2) rehabilitation of existing recharge ponds 4,5,6 and 7, through excavation; installation of spillway culverts and the construction of a levee around ponds 6 and 7. The estimated price range of this project is $5,000,000 to $10,000,000.

This procurement is an 100% total HUBZone set aside.

BID OPENING AND AWARD OF THE PROPOSED CONTRACT WILL NOT OCCUR UNTIL ISSUANCE OF ENVIRONMENTAL PERMITS BY U.S. ARMY CORPS OF ENGINEERS AND SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD

(RWQCB), AS WELL AS NEPA DOCUMENTS HAVE BEEN ISSUED.

BIDDERS PLEASE NOTE: This project may be delayed, cancelled or revised at any time prior to award.

10 *

X X *Section 00800

X 10

1:00 PM

23 September 2009

X

Amendment 2

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE

Amendment 2

Section 00800 - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ............ page 2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)....................................................... page 2 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) ……………………………………….…page 2

52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED

.................... CONTRACTS (APR 2004) page 3

52.211-13 TIME EXTENSIONS (SEP 2000).................................................................................................. page 4 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)........................................................... page 4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995) .....Error! Bookmark not defined.page 4

EFARS 52-231-5000

52.0236-5000 PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION (MAR 1996)

EFARS 52.236-5000 ............................................................................................................................................ page 5 BASIS FOR SETTLEMENT OF PROPOSALS EFARS 52.249-5000.............................................................. page 5 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000) ....................................... page 5 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION ………………………….page 6

Section 00800 - Page 1 of 6 Amendment 2

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

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

The Contractor shall be required to

(a) commence work under this contract within 10 days calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 600 calendar days after contractor receives notice to proceed. The time stated for completion shall include final cleanup of the premises.

The project’s environmental permit requires completion by August 15th, 2011.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,059.00 or each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

Section 00800 - Page 2 of 6 Amendment 2

52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED

CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: CESPL-P.O Box 532711, Los Angeles, California 90053 Security Officer within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORTS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer required a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement anyone qualified in the Los Angeles District Field Offices, or by making an appointment with the District Security Officer, SGM Jeffrey Koontz at 213/452-3969. The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Los Angeles Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N- 560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

Section 00800 - Page 3 of 6 Amendment 2

(End of Clause)

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

MAR 1995)—EFARS

(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region ____. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36.

Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

Section 00800 - Page 4 of 6 Amendment 2

52.236-5000 PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION (MAR 1995)--

EFARS

Should this contract be terminated as provided in clause 52.232-5001 because of the failure of Congress to provide additional funds for its completion, the contractor may be permitted to remove plant and material on which payments for preparatory work have been made, subject to an equitable deduction from the amounts due the contractor to reimburse the United States for the unabsorbed value of such plant and material.

BASIS FOR SETTLEMENT OF PROPOSALS EFARS 52.249-5000

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total costs basis, the following principals will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the Contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable and unallowable expenses will be used to determine equipment operating expenses. ³

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs age normally recovered as an indirect expense and unless the Contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of Statement)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

Section 00800 - Page 5 of 6 Amendment 2

Section 00800 - Page 6 of 6 Amendment 2

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title Drawing No.

Index Sheet 2 of 14

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) 70% of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining 30% upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

Lake O'Neill Dredging and Recharge Ponds Rehabilitation W912PL-09-B-0005

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 SUBMITTALS

1.2 DEFINITIONS

1.2.1 Recharge Ponds

1.2.2 Settling Ponds

1.3 PROJECT DESCRIPTION

1.4 PROJECT SITE AREA AND USE

1.5 PROJECT RELATED SEDIMENT VOLUMES AND ESTIMATES

1.6 SALVAGE MATERIAL

1.7 RECHARGE PONDS PROJECT AREA SITE SURVEYS

1.7.1 Ponds 4, 5, 6, and 7 Pre-construction Survey

1.7.2 Ponds 4, 5, 6, and 7 Post Excavation Survey

1.7.3 Ponds 6 and 7 Post Construction Survey

1.8 LAKE O'NEILL HYDROGRAPHIC SURVEYS

1.9 CAMP PENDLETON REQUIREMENTS

1.10 MARINE CORPS BASE CAMP PENDLETON, CONTRACTOR ACCESS

1.11 ALLOWABLE WORKING HOURS

1.12 PROJECT SCHEDULE

1.13 3-MILE PIT OPERATIONS

1.14 PROTECTION OF EXISTING UTILITIES

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1 September 09, 2009 Amendment 02

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

The purpose of the Lake O'Neill Dredging and Recharge Ponds Rehabilitation project is to: (1) increase the surface water storage capacity of Lake O'Neill by performing maintenance dredging and (2) rehabilitate existing recharge Ponds 4, 5, 6, & 7, through excavation, installation of spillway culverts, and the construction of a levee around ponds 6 & 7.

1.1 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Survey Firm; G

Ponds Survey Plan; G

Hydrographic Survey Firm; G

Lake O'Neill Survey Plan; G

Project Schedule; G

SD-02 Shop Submittals

Ponds 4, 5, 6, and 7 Pre-construction Survey; G

Ponds 4, 5, 6, and 7 Post Excavation Survey; G

Ponds 6 and 7 Post Construction Survey; G

Pre-Dredge Survey; G

Post Dredge Survey; G

1.2 DEFINITIONS

1.2.1 Recharge Ponds

The term Recharge Ponds refer to Ponds 1, 2, 3, 4, 5, 6, and 7, as shown on the drawings, in their permanent state prior to and after the completion of the Lake O'Neill Dredging Project.

1.2.2 Settling Ponds

The term Settling Ponds refer to Ponds 4, 5, 6, and 7, as shown on the drawings, during the period that they are being used as temporary storage for the settling and dewatering of dredged material.

SECTION 01 11 00 Page 2 September 09, 2009

1.3 PROJECT DESCRIPTION

The Lake O'Neill Rehabilitation Project work includes:

a) Conducting a pre-construction wetland delineation of all potential jurisdictional wetland areas adjacent to the Recharge Ponds Area.

b) Dredging 361,000 cubic yards of material from Lake O'Neill, and De-watering the material as necessary in the designated Settling Pond Area (Ponds 4, 5, 6, & 7) as shown on the drawings. Work includes the installation and maintenance of all pipelines delivering dredged material to the Settling Pond Area and returning water to Lake O'Neill.

c) Excavate material from Ponds 4, 5, 6, and 7. Excavation work shall conform to the contours and lines shown on the drawings and meet requirement specified in Section 31 00 00, EARTHWORK.

Note: No excavation will occur in Ponds 1, 2, and 3.

d) Excavate material from the Santa Margarita River Weir and O'Neill Ditch. Excavation work shall conform to the contours and lines shown on the drawings and meet requirement specified in Section 31

00 00, EARTHWORK.

e) Construct Pond 6&7 Levee. This includes the installation of culverts and placement of road base aggregate and riprap as specified in Section 35 41 00, LEVEE CONSTRUCTION and as shown on the drawings after dredging work is completed.

f) Re-handle, transport, and dispose material. All material produced during the project must either be: (1) placed in the identified disposal area (3-Mile Pit), (2) sold by the Contractor (salvageable sand aggregate), or (3) used as uncompacted backfill or compacted fill in the construction of the Pond 6&7 Levee (must meet requirements in Section 35 41 00, LEVEE CONSTRUCTION).

1.4 PROJECT SITE AREA AND USE

All work shall occur in the following four project site areas, as shown on the drawings: (1) Lake O'Neill Dredging Area,(2) Recharge Ponds Area, (3) Santa Margarita River Excavation Area, and (4) Disposal Areas.

Project Site Areas and their use are defined as follows:

1) Lake O'Neill Dredging Area is limited to the open water areas of Lake O'Neill. All dredging activities shall occur within the dredging boundary as shown on the drawings.

This area includes the existing Boat Dock Area as shown on the contract drawings for mobilization/demobilization of dredging equipment and support of dredging operations.

2) Recharge Ponds Project Area is the entire area encompassing Ponds 1, 2, 3, 4, 5, 6, and 7, and the Staging Area.

The use of Ponds 1, 2, and 3 shall only be available to the Contractor if deemed necessary and upon approval from the

SECTION 01 11 00 Page 3 September 09, 2009

Contracting Officer. When permitted the use of these ponds shall be limited to the dry sorting and temporary storage of aggregate material. Staging of equipment, while adhering to all requirements of Section 01 57 20, ENVIRONMENTAL PROTECTION, shall also be permitted. At no time shall the discharge, storage, or fill of wet dredged material into Ponds 1, 2, or 3 be permitted.

The use of Ponds 4, 5, 6, and 7 shall be unrestricted to activities necessary for the completion of the project. During the use of these ponds for the management of wet dredged material, two feet of unexcavated material shall be maintained on the Pond bottom, above the final grade elevation.

The Pond 6&7 Levee shall be constructed within the Recharge Ponds Area.

The Staging Area (area between the eastern edge of Pond 3 and the O'Neill Diversion Ditch) is also located within the Recharge Ponds Area. This area will be available for material storage, equipment storage, mobilization/demobilization activities, and pipeline placement.

Following project activities all areas within the Recharge Ponds Area shall be left in a state with permanent erosion control measures employed.

3) Santa Margarita River Excavation Area, shall include the area in the Santa Margarita River upstream of the sheet pile weir and O'Neill Diversion Ditch Headgate and the O'Neill Diversion Ditch from the Headgate to the Upper Road Crossing Culvert as shown on the drawings, and will be limited in extent and meet the requirements specified in Section 01 35 43, ENVIRONMENTAL PROTECTION and Section 31 00 00, EARTHWORK.

4) Disposal Area, shall include the site identified on the drawings as 3-Mile Pit Disposal Site. This site may be utilized for the disposal of material originating from excavation and dredging activities. Use of 3-Mile Pit shall be coordinated with the 3-Mile Pit Operations Contractor.

1.5 PROJECT RELATED SEDIMENT VOLUMES AND ESTIMATES

The following volumes are based on the best available data or estimates.

Volumes calculated based on surveys were calculated using the Triangulated Irregular Network (TIN) method.

Excavation and Existing Sediment Volumes

Location Volume (cubic yards)

Lake O'Neill Dredging Area 361,000 (2004, Stetson Rod Survey) Pond 4 69,000 (2004, USBR Aerial Survey) Pond 5 15,000 (2004, USBR Aerial Survey) Pond 6 & 7 108,000 (2004, USBR Aerial Survey) Pond 6 Existing Stockpile 65,000 (2008, Stetson Rod Survey)

Santa Margarita Weir & O'Neill Ditch 1,000 (Estimate)

SECTION 01 11 00 Page 4 September 09, 2009

Disposal Site Capacities and Fill Volumes

Location Volume (cubic yards) 3-Mile Pit Disposal Site Unrestricted* (2009, Base Estimate)

Pond 6&7 Levee 147,000 (2004, USBR Aerial Survey)

*For the anticipated project related sediment quantities, the 3-Mile Pit Disposal Site capacity shall be recognized as unrestricted.

1.6 SALVAGE MATERIAL

An estimated 177,000 cy of salvageable sand material will be available as a cost benefit to the Contractor. There shall be no restriction on the quantity of material available for salvage with the exception that sufficient and adequate material shall remain on site for the construction of the project levees as specified in Section 35 41 00, LEVEE CONSTRUCTION.

1.7 RECHARGE PONDS PROJECT AREA SITE SURVEYS

The Contractor shall be responsible for completing project site surveys in the vicinity of the Recharge Ponds Project Area. The results of these surveys shall be used for the basis of measurement and payment, as well as the development of As-Built drawings. All land based survey work shall be completed by a third party survey firm that is Licensed by the State of California. The Contractor shall submit, for the approval by the Contracting Officer, the name and qualifications of the Survey Firm and a Ponds Survey Plan no later than 15 days prior to conducting each survey.

All surveys of the Recharge Ponds Project Area shall be tied to Temporary Benchmarks CP 1 and CP 2 as shown in the drawings. Results and associated AutoCAD files from all Contractor surveys shall be provided to the Contracting Officer for review and approval.

1.7.1 Ponds 4, 5, 6, and 7 Pre-construction Survey

For the purpose of certifying the quantity of material in Ponds 4, 5, 6, and 7 Project Area the Contractor shall be responsible for a land survey prior to the start of construction. During the pre-construction survey the Contractor delineated wetland boundary, as specified in Section 01 57 20, ENVIRONMENTAL PROTECTION, shall also be surveyed.

1.7.2 Ponds 4, 5, 6, and 7 Post Excavation Survey

Following the excavation of the areas of Ponds 4, 5, 6, and 7, the contractor shall complete a survey documenting the post excavation elevation.

1.7.3 Ponds 6 and 7 Post Construction Survey

Following completion of the project the Contractor shall complete a survey of the Pond 6 and 7 project areas for the purpose of completing As-built drawings and for the basis of measurement and payment.

1.8 LAKE O'NEILL HYDROGRAPHIC SURVEYS

The Contractor shall perform at a Pre-dredge Survey and a Post Dredge Survey in accordance with the specifications in Section 35 20 23, DREDGING. The Contractor shall hire a third party survey firm licensed by the State of California. The Contractor shall submit, for the approval by the

SECTION 01 11 00 Page 5 September 09, 2009

Contracting Officer, the name and qualifications of the Hydrographic Survey Firm and a Lake O'Neill Survey Plan no later than 15 days prior to conducting the Pre-dredge and Post Dredge surveys. All surveys of Lake O'Neill shall be tied to the Navy Weather Station and USGS Spillway Benchmarks as shown in the drawings. Results and associated AutoCAD files from all Contractor surveys shall be provided to the Contracting Officer for review and approval.

1.9 CAMP PENDLETON REQUIREMENTS

In addition to the project requirements included in these specifications, the Contractor shall be required to follow and adhere to the Camp Pendleton Work Requirements. These requirements are included as Attachment 3.

1.10 MARINE CORPS BASE CAMP PENDLETON, CONTRACTOR ACCESS

Prior to the commencement of project, the Contractor shall coordinated with the Base Contracting Officer for all specific security and access requirements for Contractor employees.

Passes and Badges: Contractor employees and representatives performing work under this contract are required to be either United States citizens or documented legal residents (status verified by prime contractor). All Contractor employees shall obtain the required employee and vehicle passes.

Each employee shall wear the Government issued badge over the front of the outer clothing. Failure to obtain security and base access passes shall not be a cause for contract performance time extension. The Contractor shall be responsible for immediately turning in all terminated employee's badges to the issuing office.

1.11 ALLOWABLE WORKING HOURS

Project related work will be allowed 24 hours a day seven days a week with the exception of Federal Holidays. All night time work shall have adequate lighting to ensure work safety, while following the requirements of Section 01 57 00, ENVIRONMENTAL PROTECTION, and the CAMP PENDLETON GENERAL REQUIREMENTS in ATTACHMENT 3. Hauling to and receiving at the 3-Mile Pit Disposal Site shall maintain these same allowable working hours.

1.12 PROJECT SCHEDULE

The Contractor must submit a Schedule of Work (Project Schedule) at least 30 days before beginning work. The Project Schedule must include the anticipated timing of all project activities and submittals.

1.13 3-MILE PIT OPERATIONS

3-Mile Pit is operated by an independent contractor who shall be referred to in this document as the 3-Mile Pit Operations Contractor. The Dredging Contractor shall be charged a tipping fee of $2.25 per cubic yard for sediment disposal at 3-Mile Pit. The disposal sediment shall be placed at 3-Mile Pit Disposal Site as directed by the 3-Mile Pit Operations Contractor.

For material disposed of at 3-Mile Pit, measurement shall be based on the disposal material weight and representative density tests of material received at 3-Mile Pit. Material shall be measured by the weight of sediment received at 3-Mile Pit. All truck loads shall be weighed at the 3-Mile Pit scale. Completion of density tests shall be the responsibility

SECTION 01 11 00 Page 6 September 09, 2009 of the Dredging Contractor. For conversion purposes (pounds to cubic yards), density tests shall be conducted randomly for every 10,000 cubic yards of material transported to the 3-Mile Pit Disposal Site and in accordance with ASTM D 2216 and ASTM D 2937. Alternative methods of density testing may be requested by the Dredging Contractor but shall be subject to approval by the Contracting Officer.

1.14 PROTECTION OF EXISTING UTILITIES

The Contractor shall be responsible for locating existing utilities prior to construction and the protection of these utilities during all project activities. The Contractor shall refer to the CAMP PENDLETON REQUIREMENTS for the protection, repair, and replacement of existing utilities.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

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01 11 00 SD-01 Preconstruction Submittals Survey Firm 1.7 G Ponds Survey Plan 1.7 G Hydrographic Survey Firm 1.8 G Lake O'Neill Survey Plan 1.8 G Project Schedule 1.11 G

SD-02 Shop Submittals

Ponds 4, 5, 6, and 7 Pre Excavation Survey 1.7.1 G

Ponds 4, 5, 6, and 7 Post Excavation Survey 1.7.2 G Ponds 6 and 7 Post Construction Survey 1.7.3 G Pre-dredge Survey 1.8 G Post Dredge Survey 1.8 G

01 22 00 SD-07 Certificates Riprap Weigh Ticket 1.3.5.2 Crushed Rock Weigh Ticket 1.3.6.2

01 33 00 SD-01 Preconstruction Submittals Submittal Register 1.8 G

01 45 04 SD-01 Preconstruction Submittals

Contractor Quality Control (CQC) Plan 3.2 G

SD-07 Certificates

CONTRACT NUMBER

SUBMITTAL REGISTER

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Lake O'Neill Dredging and Recharge Ponds Rehabilitation

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Laboratory for testing of Sediment Samples 3.7.2.1 G

Laboratory for testing of Water Samples 3.7.2.1 G

01 57 20 SD-01 Preconstruction Submittals Environmental Protection Plan 1.8 G Joint Condition Survey Report 1.6.1 G

Pre-Construction Wetland Delineation 1.6.2 G Wildlife Biologist Firm 1.7.3 G Water Quality Firm 3.2.1 G Water Quality Monitoring Work Plan 3.2.2 G

SD-02 Shop Submittals Daily Water Quality Report 3.2.3.2

SD-06 Test Reports

Quarterly Water Quality Monitoring Report 3.2.3.2

SD-11 Closeout Submittals

Final Water Quality Monitoring Report 3.2.3.2 G

01 57 23 SD-01 Preconstruction Submittals

Storm Water Pollution Prevention Plan (SWPPP) 1.6.1 G Storm Water Notice of Intent (NOI) 1.6.2

SD-03 Product Data

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Silt Fencing 2.1 Fiber Rolls 2.2 Seed Mix 2.4 G

SD-06 Test Reports

Erosion Control Inspection Reports 3.6

SD-11 Closeout Submittals Notice of Termination (NOT) 1.6.3 G

01 78 00 SD-11 Closeout Submittals As-Built Drawings 1.2.1 G

31 00 00 SD-01 Preconstruction Submittals List of Equipment for Earthwork 3.1.1 G

SD-02 Shop Submittals Settling Pond Design 3.2.2.1 G

35 20 23 SD-01 Preconstruction Submittals Dredging Plan 3.2 G

35 41 00 SD-01 Preconstruction Submittals Levee Construction Plan 1.5 G

SD-06 Test Reports Soil Classification Tests 1.7 Field Density Test 1.7 Gradation Tests 1.7

35 80 00 SD-01 Preconstruction Submittals

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Water Delivery Plan 3.1 G SD-02 Shop Submittals

Pipeline Specifications and Location 3.1.3 G

SUBMITTAL FORM, Amendment 02 PAGE 4 OF 4 PAGESAmendment 2

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 45 04

CONTRACTOR QUALITY CONTROL

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 PAYMENT

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

3.2 QUALITY CONTROL PLAN

3.2.1 Content of the CQC Plan

3.2.2 Acceptance of Plan

3.2.3 Notification of Changes

3.3 COORDINATION MEETING

3.4 QUALITY CONTROL ORGANIZATION

3.4.1 Personnel Requirements

3.4.2 CQC System Manager

3.4.3 CQC Personnel

3.4.4 Additional Requirement

3.4.5 Organizational Changes

3.5 SUBMITTALS AND DELIVERABLES

3.6 CONTROL

3.6.1 Preparatory Phase

3.6.2 Initial Phase

3.6.3 Follow-up Phase

3.6.4 Additional Preparatory and Initial Phases

3.7 TESTS

3.7.1 Testing Procedure

3.7.2 Testing Laboratories

3.7.2.1 Laboratory for Dredge Sediment and Water Samples

3.7.2.2 Capability Check

3.7.2.3 Capability Recheck

3.7.3 Onsite Laboratory

3.7.4 Furnishing or Transportation of Samples for Testing

3.8 COMPLETION INSPECTION

3.8.1 Punch-Out Inspection

3.8.2 Pre-Final Inspection

3.8.3 Final Acceptance Inspection

3.9 DOCUMENTATION

3.10 SAMPLE FORMS

3.11 NOTIFICATION OF NONCOMPLIANCE

-- End of Section Table of Contents --

SECTION 01 45 04 Page 1 September 09, 2009

SECTION 01 45 04

CONTRACTOR QUALITY CONTROL

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 within the text by the basic designation only.

ASTM INTERNATIONAL (ASTM)

ASTM D 3740 (2004) Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction

ASTM E 329 (2005b) Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction

1.2 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 shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Contractor Quality Control (CQC) Plan; G

SD-07 Certificates

Laboratory for testing of Sediment Samples; G

Laboratory for testing of Water Samples; G

1.3 PAYMENT

Separate payment will not be made for providing and maintaining an effective Quality Control program, and all costs associated therewith shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

PART 2 PRODUCTS

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SECTION 01 45 04 Page 2 September 09, 2009

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with the Contract Clause titled "Inspection of Construction." The quality control system shall consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The system shall cover all construction operations, both onsite and offsite, and shall be keyed to the proposed construction sequence. The site project superintendent will be held responsible for the quality of work on the job and is subject to removal by the Contracting Officer for non-compliance with the quality requirements specified in the contract. The site project superintendent in this context shall be the highest level manager responsible for the overall construction activities at the site, including quality and production. The site project superintendent shall maintain a physical presence at the site at all times, except as otherwise acceptable to the Contracting Officer, and shall be responsible for all construction and construction related activities at the site.

3.2 QUALITY CONTROL PLAN

The Contractor shall furnish for review by the Government, not later than 15 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause titled "Inspection of Construction." The plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used.

The Government will consider an interim plan for the first 15 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional features of work to be started.

3.2.1 Content of the CQC Plan

The CQC Plan shall include, as a minimum, the following to cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents:

a. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system for all aspects of the work specified. The staff shall include a CQC System Manager who shall report to the project superintendent.

b. The name, qualifications…