Am05.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

0005 13 Sept 2009

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

W912PL-09-B-0009

29 July 2009

RECOVERY - PORT OF LONG BEACH (DEEPENING) AND OTHER LONG BEACH PROJECTS

Amendment issued to revise the following:

Replace Section 00010 BIDDING SCHEDULE (Added Item # 28).

Replace Section 00800 SPECIAL CONTRACT REQUIREMENTS (Page 15 modified).

Replace Section 01 22 00 MEASUREMENT AND PAYMENT (Modified 1.3.1.2 and added 1.4.1.7).

Replace Section 01 32 02 COORDINATION (Modified 1.5.2 (4) and 1.5.3 (4)).

Replace 2 pages of Volume 2 specification, Section 02482 DREDGING - pages 49 and 55.

Port of Long Beach (Deepening) W912PL-09-B-0009 And Other Long Beach Projects, 00010-1 Amendment 05

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-2 Amendment 05

BIDDING SCHEDULE

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 to or greater than the minimum requirements stated in Item 13D of the SF-1442. Failure to insert any number means the offeror accepts the minimum in Item 13 D of the SF-1442.)

BASE BID

Item Estimated No. Description Quantity Unit Unit Price Amount

Port of Long Beach (Deepening)

1. Mobilization and Demobilization 1 Job Lump Sum $__________ 1a. Federal ARRA Funded (35% of Item No. 1) 1b. Federal CG Funded (15% of Item No. 1) 1c. Non-Federal Funded (50% of Item No.1)

2. Dredging, D102 w/ Placement at F101 90,000 Cubic Yards $__________ $__________ 2a. Federal ARRA Funded (First 45,000 Cubic Yards of Item No. 2) 2b. Non-Federal Funded (Second 45,000 Cubic Yards of Item No.2)

3. Dredging, D102 w/ Placement at F105 & 106 460,000 Cubic Yards $__________ $__________ 3a. Federal ARRA Funded (First 230,000 Cubic Yards of Item No. 3) 3b. Non-Federal Funded (Second 230,000 Cubic Yards of Item No.3)

4. Dredging, D103 w/ Placement at F103 90,000 Cubic Yards $__________ $__________ 4a. Federal CG Funded (First 45,000 Cubic Yards of Item No. 4) 4b. Non-Federal Funded (Second 45,000 Cubic Yards of Item No.4)

Sub-total Turning Basin Deepening $__________

Pier G North Slip Dike and Dredging

5. Mobilization and Demobilization 1 Job Lump Sum $__________

6. Steel Sheet Pile Wall 1 Job Lump Sum $__________

7. Settlement Monitoring 1 Job Lump Sum $__________

8. SWPPP Development & Compliance 1 Job Lump Sum $10,000.00

9. Dredging, D101 w/ Placement at F102 15,000 Cubic Yards $__________ $__________

10. Dredging, D108 w/ Placement at F104, 200,000 Cubic Yards $__________ $__________ F105 and F106

11. Furnish Concrete Piles 9,000 Linear Feet $__________ $__________

12 Drive Concrete Piles 88 Each $__________ $__________

13. Storm Drain System 1 Job Lump Sum $__________

14. Crushed Miscellaneous Base 15,000 Tons $__________ $__________

15. Asphalt Concrete 5,000 Tons $__________ $__________

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-3 Amendment 05

16. Wick Drains 1,050,000 Linear Feet $__________ $__________

17. Quarry Run Rock 220,000 Tons $__________ $__________

18. Armor Stone 15,000 Tons $__________ $__________

19. Furnish and Place Pavement Markings 1 Job Lump Sum $__________ And Signage

Sub-total Pier G North Slip Fill $__________

Pier T, West Basin IR Site 7 Sediment Remediation

20. Mobilization and Demobilization 1 Job Lump Sum $__________

21. IR Site 7 Demolition 1 Job Lump Sum $__________

22. Barge Removal 1 Job Lump Sum $__________

23. SWPPP Development & Compliance 1 Job Lump Sum $10,000.00

24. Dredging, D104 / D105 w/ Placement 587,000 Cubic Yards $__________ $__________ at F102/F103

25. Hydroseeding 6 Acres $__________ $__________

26. Restoration & Repair of Temp Irrigation System 1 Job Lump Sum $__________

27. Required Insurance 1 Job Lump Sum $__________

28. On Site SUXOS Personnel 1 Job Lump Sum $__________

Sub-total West Basin IR Site 7 Sediment Clean-Up $__________

Catalina Express Terminal Maintenance Dredging and Demolition

29. Mobilization and Demobilization 1 Job Lump Sum $__________

30. Dredging, D106 w/ Placement at F105 37,000 Cubic Yards $__________ $__________

31. Catalina Landing Demolition 1 Job Lump Sum $__________

Sub-total Catalina Express Terminal $__________

Optional Bid Items

Pier T, West Basin IR Site 7 Sediment Remediation

32. Additional Set-ups 5 Each $__________ $__________

33. Re-Dredging D104 / D105 w/ Placement 59,000 Cubic Yards $__________ $__________ at F102 / F103

34. Daily Stand-by Time 14 Days $__________ $__________

35. Hourly Stand-by Time 48 Hours $__________ $__________

Sub-total West Basin IR Site 7 Sediment Clean-Up (Option) $__________

TOTAL BID AMOUNT $__________

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-4 Amendment 05

NOTES:

1. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

2. If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.

3. Prices must be submitted on all individual items of the Price Schedule; otherwise the bid will be considered non-responsive and will be rejected.

4. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

5. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

6. The lump sum “LS” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

7. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

9. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

10. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00800.

11. The bidder shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review all submitted Price Schedules for any unbalancing of the items.

Any submitted Price Schedule determined to be unbalanced may be considered nonresponsive and cause the bidder to be ineligible for contract award.

12. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-5 Amendment 05

13. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

14. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only.

15. Bidders attention is directed to Section 00100 “Instructions to Bidders” Clause No. 52.0214-4002, entitled “Directions for Submitting Bids”. Please note that there is Special Instructions Pertaining to Hand=Carried Bids.

16. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will apply to this procurement. The bidders attention is direct to Section 00600, Contract Clause No. 52.219-4, entitled “Price Evaluation Preference for HUBZone Small Business Concerns.”

17. The successful bidder/offeror grants the options listed in the Pricing Schedule to the Government.

The Options Items(s) will be exercised in accordance with Section 00800, Contract Clause No. FAR 52.211-10, titled, “Commencement, Prosecution, and Completion of Work.” Exercise of the Option Item(s) will be made by the Contracting Officer. For determination of the lowest bid, please refer to contract clause no. FAR 52.217-5, entitled “Evaluation of Options,” Section 00100 of this solicitation.

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Port of Long Beach (Deepening) W912PL-09-B-0009 And Other Long Beach Projects

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984).. 2

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

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

EFARS 52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(MAR 1995)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

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

CONTRACTOR PERFORMANCE EVALUATIONS

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

1995)—EFARS

SAFETY REQUIREMENTS

REQUIRED INSURANCE

INSURANCE REQUIREMENTS

PERMITS TO ACCESS TO DREDGE AND DISPOSAL SITES: PAYMENTS FOR DELAYS

00800-1 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

1. The Contractor shall be required to

(a) provide payment and performance bonds within 10 calendar days after award of the contract,

(b) commence work under this contract within 10 calendar days after the date the

Contractor receives the Notice to Proceed,

(c) prosecute the work diligently, and

(d) complete the entire Base Bid work and all options ready for use not later than

625 calendar days after receipt of Notice to Proceed (NTP1)* . The time stated for completion shall include final cleanup of the premises.

(e) complete the Catalina Express Terminal Maintenance Dredging &

Demolition work ready for use not later than 35 calendar days after receipt of Notice to Proceed (NTP2)*. The time stated for completion shall include final cleanup of the premises. Completion of this work shall take place within the 625 calendar days specified within NTP1.

(f) complete the Pier 11 Demolition prior to March 1st, 2010.

* Contractor shall observe that there are two Notices To Proceed for this contract, NTP1 and NTP2.

2. It is anticipated that the Pier G area will not be available to the Contractor for work on this contract prior to 01 March 2010. Therefore, neither disposal of dredge material from any location, nor construction of the rock dike can occur prior to Pier G becoming available.

(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 $5,719.00 for 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.

(End of clause)

00800-2 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

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.

(End of clause)

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 judgment of the Contracting Officer, is justified.

EFARS 52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

(a) Allowable costs 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 VII. Working conditions shall be considered to be average for determining equipment rates using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

(b) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices.

00800-3 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable.

(c) When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify that the equipment costs of pricing data submitted are accurate, complete and current.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 35% percent of the total amount of work to be performed under the contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by survey.

(b) Weather conditions. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions.

(c) Transportation facilities. The Contractor shall make his own investigation of the conditions of existing public and private roads and clearances, restrictions, bridge load limits and other limitations affecting transportation and ingress and egress at the job site.

The unavailability of transportation facilities or limitation thereof shall not become a basis for claims against the Government for extensions of time or for delays in completion of the work.

(d) N/A

00800-4 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

52.236-16 QUANTITY SURVEYS (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

00800-5 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC

1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

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.

(c) In general--

00800-6 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

(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 File No. Drawing No.

Index to Drawings C-1202 Sheet 2

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

(a) The Contractor shall --

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may --

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor;

or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor

00800-7 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009

Act of March 3, 1899 (33 U.S.C. 410 et. seq.).

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% percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining 30% percent 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.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days.

Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The

00800-8 Amendment 5

Port of Long Beach (Deepening) W912PL-09-B-0009 certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

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.

SAFETY REQUIREMENTS

In order to comply with the requirements of 52.236-13 ACCIDENT PREVENTION (NOV 1991), The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced.

This publication may be obtained from the US Army Engineer District, Los Angeles, ATTN: Safety Office, P.O. Box 532711, Los Angeles, California 90053-2325.

REQUIRED INSURANCE

A. General

Subject to Subparagraph B, Enforcement and Restrictions, below, the Contractor hereby assumes liability for and agrees to defend (at the option of the Port of Long Beach) indemnify, hold harmless, and protect the City of Long Beach, the Board of Harbor Commissioners, the Long Beach Harbor Department, their members, officers, agents and employees (“Indemnitees”) from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising from the Contract or the Work performed by the Contractor, or any of its officers, agents, employees, Subcontractors, or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee including, but not limited to, liability arising from:

1. Bodily or personal injury, emotional injury, sickness or disease, or death to any persons;

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2. Damage to property, including property under the care and custody of the City;

3. Civil fines or penalties;

4. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or Subcontractors;

5. Any operation conducted upon or any use or occupation of the premises by the

Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise;

6. Any act, omission or negligence of the Contractor, its officers, agents, employees, or

Subcontractors;

7. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or the Indemnitees arising out of the Contractor’s Work, for which the Contractor is responsible;

8. Stop notices, and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to the City from such stop notices, and claims;

9. Failure to comply with any Applicable Law, statute, code, ordinance, regulation, permit or orders;

10. Any misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith.

B. Enforcement and Restrictions

1. Contractor’s obligations under this clause apply regardless of whether or not such claim was caused in part or contributed to by any actual or alleged negligent act or omission of an Indemnitee.

2. With respect to any loss, damage or cost of the type covered by the insurance required to be provided under this clause, the Contractor’s indemnity obligation shall not extend to any loss, damage or expense arising from the sole negligence or willful misconduct of such Indemnitee or its agents, servants or independent contractors who are directly responsible to such Indemnitee.

3. With respect to any loss, damage or cost which is not of the type covered by the insurance required to be provided under this clause, the Contractor’s indemnity obligation shall not extend to any loss, damage or cost to the extent that such loss, damage or cost was caused by the negligence or willful misconduct of such Indemnified Party or its agents, servants or independent contractors who are directly responsible to such Indemnified party (in other words, a comparative negligence standard shall apply).

4. Without affecting the rights of the Government or the Indemnitees under any provision of the Contract, the Contractor shall not be required to indemnify and hold harmless the Government and the Indemnitees for liability attributable to the active negligence of the

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Government, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the Government or any Indemnitee is determined to have been actively negligent and where the Government’s or any Indemnitee’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the Government or any Indemnitee.

5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every Subcontractor in the performance of the Contractor.

6. Failure of the Government to monitor compliance with these requirements imposes no additional obligations on the Government and will in no way act as a waiver of any rights hereunder. In the event of any claim, suit or demand made against any Indemnitees, the Government may in its sole discretion reserve, retain, or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the Government may release such funds if the Contractor provides the Government with reasonable assurance of protection of the interests of the Indemnitees.

The Government shall in its sole discretion determine whether such assurances are reasonable. The Contractor’s obligations under this clause extend to claims occurring after termination of the Contractor’s performance of the Contract or Final Payment to Contractor.

C. No Limitations

The Contractor’s obligations under this clause are in addition to any other rights or remedies which the Indemnitees may have under the law or under Contract Documents. The Contractor’s indemnification and defense obligations set forth in this clause are (a) separate and independent from the insurance provisions set forth in the Special Provisions and (b) do not limit, in any way, the applicability, scope, or obligations set forth in these insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers compensation acts, disability benefits acts, or other employee benefit acts.

(End of Clause)

INSURANCE REQUIREMENTS

A. Types of Required Coverages

As a condition precedent to the effectiveness of the Contract for work to be performed under these Specifications, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance.

The required insurance and the documents provided as evidence thereof shall be in the same name as that under which the bid is submitted.

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1. General Liability: Commercial General Liability insurance that affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01 including a “Contractual Liability – Railroads” endorsement with minimum limits of at least $5,000,000 per occurrence and if written with an aggregate, the aggregate shall be double the per occurrence limit. The Contractor’s policy shall contain no provisions or endorsements limiting coverage for (1) products-completed operations; (2) contractual liability; (3) independent contractors; (4) third party action-over claims; (5) explosion, collapse, and underground hazard (XCU), and (6) defense costs shall be excess of limits.

2. Automobile Liability: Automobile Liability Insurance with coverage at least as broad as

Insurance Services Office Form CA 00 01 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.

3. Ocean Marine Liability: Ocean Marine Liability coverage including Protection and Indemnity with minimum limits of $10,000,000 per occurrence. Jones Act coverage for employees performing services under said Act; and Water Pollution Liability. Water Pollution Liability shall include coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $10,000,000 per loss and $20,000,000 total all losses.

4. Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $1,000,000 per loss and $2,000,000 total all losses. Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.

5. Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease, plus coverage under the U.S. Longshore and Harbor Workers’ Act (USL& H).

6. Professional Liability: Professional Liability Insurance with minimum limits of $1,000,000. Covered Professional Services shall specifically include all work to be performed under the Contract and delete any exclusions that may potentially affect the work to be performed (e.g., any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.)

B. Endorsements

Insurance policies submitted will not be in compliance with the Specifications if they include any limiting endorsement that has not been submitted to the Contracting Officer with a dual copy to the Port of Long Beach Executive Director for concurrence.

1. The insurance coverage required for Commercial General Liability, Automobile Liability, Ocean Marine Liability, and Contractors Pollution Liability shall contain the following provisions or be endorsed to provide the following:

a. Additional Insured: The Indemnitees shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.

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Additional Insured endorsements shall not: 1) be limited to “on-going operations”, 2) exclude “Contractual Liability”, 3) restrict coverage to the ‘sole’ liability of the contractor or 4) contain any other exclusion contrary to the Contract.

b. Primary Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Indemnitees shall not contribute with this primary insurance.

c. Cancellation: The policy shall not be cancelled or the coverage reduced until a thirty (30) day written notice has been served upon the Contracting Officer with a dual copy to the Port of Long Beach Executive Director, except notice of ten (10) days shall be allowed for non-payment of premium.

2. The policy or policies of insurance required for Workers Compensation shall be endorsed as follows:

a. Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Indemnitees.

b. Cancellation: The policy or policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Contracting Officer with a dual copy to the Port of Long Beach Executive Director, except notice of ten (10) days shall be allowed for non-payment of premium.

3. The policy or policies of insurance required for Professional Liability shall be endorsed as follows:

Cancellation: The policy or policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Contracting Officer with a dual copy to the Port of Long Beach Executive Director, except notice of ten (10) days shall be allowed for non-payment of premium.

C. Deductible/Self-Insured Retention

Any deductible or self-insured retention must be approved in writing by the Contracting Officer with a dual copy to the Port of Long Beach Executive Director and shall protect the Indemnitees in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. Any deductible or self-insured retention must have prior approval in writing.

D. Evidence of Insurance

The Contractor shall deliver certified copies of the required policies or endorsements on forms approved by the Contracting Officer (“Evidence of Insurance”) to the Contracting Officer with a dual copy to the Port of Long Beach Executive Director, for approval as to sufficiency and as to form.

At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the

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Contracting Officer with a dual copy to the Port of Long Beach Executive Director. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Contracting Officer with a dual copy to the Port of Long Beach Executive Director evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

NOTE: Samples of approved Contracting Officer endorsement forms can be obtained from the Port of Long Beach website at:

http://www.polb.com/economics/contractors/forms_permits/insurance.asp. Evidence of Insurance forms to be provided by Contractor include:

1. General Liability Special Endorsement

2. Automobile Liability Special Endorsement

3. Ocean Marine Liability Special Endorsement

4. Environmental Impairment Liability Special Endorsement

5. Workers’ Compensation and Employer’s Liability Special Endorsement

6. Professional Liability Special Endorsement

These forms are provided at the end of this Section.

E. Contractual Liability

The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Contract but this insurance provision in no way limits the indemnity provisions and the indemnity provisions in no way limits this insurance provision.

F. Failure to Maintain Coverage

Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been approved by the Contracting Officer. The Contracting Officer shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work or delay damages resulting from the suspension.

G. Acceptability of Insurers

Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII, and authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the Contracting Officer insurance guidelines.

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H. Claims Made Policies

If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the Contractor’s

Contract with the Contracting Officer and continuous coverage shall be maintained or an extended reporting period endorsement shall be obtained for a period of at least three (3) years from termination or expiration of this Contract. Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to the Contracting

Officer with a dual copy to the Port of Long Beach Executive Director evidence of “tail” coverage or an extended reporting period endorsement for the period of at least three (3) years from the time that all work under this contract is completed.

PERMITS TO ACCESS TO DREDGE AND DISPOSAL SITES: PAYMENTS

FOR DELAYS

(a) Prior to accessing and performing work at the Pier G / Slip G site and also at the Catalina Express Terminal, the Contractor shall secure permits from the Port of Long Beach (Port) for access to and work in the Pier G work area, and from the City of Long Beach (City) for access to the Catalina Express Terminal. The Port and the City require a right of entry permit for third party access to property owned or controlled by the Port or City, respectively, to perform work in the areas to be dredged, or where the dredged materials will be deposited. The permits will be issued individually by the Port and the City.

(b) The Port and the City will assess no charge or fee to the Contractor to obtain the permits, but the permits will expire immediately after the contract completion date as may be extended through contract modification by the Contracting Officer. The expiration of each permit will be the contract completion date established under this contract, as may be extended by the Contracting Officer.

(c) Neither the Contractor nor the Port of Long Beach nor the City of Long Beach may dispute, under any access permit, the determination of the Contracting Officer of the Corps of Engineers regarding the contract…