W912PM-15-B-0014-0001.pdf

W81LJ851978384

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SOLICITATION NUMBER W912PM-15-B-0014, ENTITLED MASONBORO INLET SOUTH JETTY REPAIR, NEW HANOVER COUNTY, NORTH CAROLINA is hereby amended as follow s:

A.) See Summary of Changes.

B.) The time and date for bid opening remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 31-Aug-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PM-15-B-0014

X 9B. DATED (SEE ITEM 11)

18-Aug-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

31-Aug-2015

CODE

U S ARMY CORPS OF ENGINEERS

WILMINGTON DISTRICT

ATTN: DANNY KISSAM

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM-15-B-0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

(End of Summary of Changes)

W912PM-15-B-0014

Amendment 0001

Technical Summary of Changes

01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

Delete existing Pages 1 THRU 20 in their entirety and replace with enclosed like-numbered Pages.

32 05 00.38 – STONE

Delete existing Pages 1 THRU 7 in their entirety and replace with enclosed like-numbered Pages.

NOTE:

Text that is added or revised by this amendment is identified with ***0001(beginning and ending of revision/addition) and/or printed in bold.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWINGS

Delete existing Plate Number CN101 in its entirety and replace with enclosed revised Plate.

-- End of Summary of Changes- Encls As Stated

South Jetty Repairs Masonboro Inlet W912PM-15-B-0014 New Hanover County, NC

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 INSPECTION

1.7 SAMPLING, CERTIFICATES, AND TESTING

1.8 CERTIFICATES OF COMPLIANCE

1.9 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.10 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.11 REQUIRED CONSTRUCTION MEETINGS

1.12 BULLETIN BOARD

1.13 PLANT LOCATION

1.14 "AS-BUILT" RECORD DRAWINGS

1.15 NCDOT SPECIFICATIONS

1.16 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.17 SURVEY DATA

1.18 SURVEY PERSONNEL REQUIREMENTS

1.19 SURVEY REQUIREMENTS

1.20 MAINTENANCE DURING CONSTRUCTION

1.21 SIGNAL LIGHTS

1.22 WORK IN QUARANTINED AREA

1.23 PARTNERING

1.24 LOAD RESTRICTIONS

1.25 PROTECTION OF EXISTING FACILITIES

1.26 SEAGOING BARGE ACT

1.27 MAINTENANCE OF WATER TRAFFIC

1.28 COMPLIANCE WITH APPLICABLE NAVIGATION RULES AND REGULATIONS,

MARINE EQUIPMENT

1.29 FLOATING PLANT INSPECTION AND CERTIFICATION

1.30 CONTRACT DRAWINGS AND SPECIFICATIONS

1.31 RATES OF WAGES

1.31.1 General Decision Number: NC150078 01/02/2015 NC78

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 1 (Revised by Amendment 0001)

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

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.

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT)

NCDOT Standard Specifications For Roads And Structures, 2012

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

1.2 SUBMITTALS

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

submittals not having a "G, A" designation are for information only. When used, a designation following the "G, A" 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

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

1.3 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

The Contractor shall be required to comply with the following security requirements mandated by the Department of the Army:

SECTION 01 10 00.10 38 Page 2

Short-term employees (working on site less than or equal to 6 months):

If a criminal history is found, the employee MAY not be allowed to work at the project site at the sole discretion of the Government.

Long-term employees (working on site more than 6 months): ALL of the following is required WHEN REPORTING FOR WORK -

a) A completed OMB Form No. 3206-0182 (also designated as Optional Form 306).

b) A completed OMB Form No. 3206-0191 (also designated as Standard Form 85P).

c) A resume.

The Government will use all provided information to perform a National Agency Check and Inquiries (NACI) check and will pay the required fee.

(End of Clause)

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

ER 415-1-15 dtd 31 OCT 89

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be found to be satisfied in the sole discretion of the Contracting Officer:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on wave height data provided by the U.S. Army Corps of Engineers Coastal and Hydraulics Laboratory Wave Information Study (WIS), 1980-1999. This schedule will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather and/or sea conditions delays in all weather-dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON (7) DAY WORK WEEK AND WAVES AND/OR

SWELLS GREATER THAN OR EQUAL TO 5 FEET

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

(5) (5) (5) (4) (3) (2) (1) (2) (5) (6) (5) (5)

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent

SECTION 01 10 00.10 38 Page 3 work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in subparagraph (b), the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

(End of Clause)

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under the "PERFORMANCE AND PAYMENT BONDS" contract line item of the Bidding Schedule. Payment to the Contractor therefore, shall not exceed the bid price and shall be made in accordance with the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS." Any additional amount bid in excess of the actual bond premium will be included in the final pay estimate for this contract.

(End of Clause)

1.6 INSPECTION

The Contractor shall be required:

(a) To furnish, on the request of the Contracting Officer or any Government inspector, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew as may be reasonably necessary in inspecting the work.

(b) To furnish, on the request of the Contracting Officer or his/her designated representative or any Government inspector, suitable transportation from all points onshore designated by the Contracting Officer to and from the various pieces of plant, and to and from all work locations.

Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer or his/her designated representative and the cost thereof will be deducted from any amounts due or to become due the Contractor.

(End of Clause)

1.7 SAMPLING, CERTIFICATES, AND TESTING

(a) General. Within 30 days after acknowledgment of Notice to Proceed, the Contractor shall submit to the Contracting Officer or his/her designated representative five (5) copies of a list of the items for which he proposes to furnish manufacturer's certificates and/or samples for inspection and testing. The list shall include, but is not limited to the following information:

SECTION 01 10 00.10 38 Page 4

(1) Name of item

(2) Specification paragraph covering this item

(3) Date sample will be furnished

(4) Delivery date of product

(5) Items for which a certificate will be furnished

(b) Submittals. Any product or item mentioned in these specifications and required to meet Federal, ASTM, AASHTO, U. S. Army or Navy, AREMA, AWWA, and UL Specifications or Codes, specified herein with certain limiting or qualifying requirements, or any product or item which is required to be similar and equal to a specified product or item may require the submission, before delivery of the product or item to the job site, of one or more of the following:

(1) Certificate by the manufacturer that the item meets the contract requirements.

(2) Samples for inspection, comparison, and testing, including destructive tests.

(c) Sample delivery. Unless otherwise specified or authorized, all samples shall be delivered (without cost to the Government) to:

U.S. Army Engineer District, Wilmington Corps of Engineers ATTENTION: Construction Branch 69 Darlington Avenue Wilmington, North Carolina 28403

If required by the Contracting Officer or his/her designated representative, duplicate samples shall be shipped to the Wilmington District Office at no expense to the Government.

(d) Testing. All tests required in the Technical Provisions shall be made by and at the expense of the Contractor except those material tests specifically excluded which will be made by and at the expense of the Government. All instruments and personnel required for the required tests shall be furnished by the Contractor. The Government reserves the right to interrupt the work to make tests on all facets of concreting and other operations. These tests will be made as necessary to insure conformance to applicable specifications and drawings and will be made by and at the expense of the Government except Contractor sampling support as required by the Technical Provisions. In those instances where testing is specified to be made at the Government's expense, the cost of the initial testing will be at the Government's expense; however, any retesting due to failure of the materials to meet the requirements in the initial test shall be performed at the Contractor's expense. The retests shall be made at laboratories approved by the Contracting Officer or his/her designated representative. The costs of retests made at Government laboratories will be deducted from the total amount due the Contractor, at actual cost to the Government, unless otherwise specified.

(End of Clause)

SECTION 01 10 00.10 38 Page 5

1.8 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies.

Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(End of Clause)

1.9 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

(a) In accordance with Contract Clause 52.219-9, Small Business Subcontracting Plan, and 52.219-16, Liquidated Damages - Subcontracting Plan, retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess liquidated damages in accordance with Clause 52.219-16 for the contractor's failure to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

(b) The retainage will be determined in accordance with the following formula:

Total dollar amount for subcontracting to small business multiplied by percentage of actual progress on the contract shall be withheld from the next progress payment due after the Contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percentage of actual progress.

(c) Subcontracting plans are not required--

(1) For contracts or contract modifications that will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; or

(2) For modifications to contracts that do not contain the clause 52.219-8, Utilization of Small Business Concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L.

95-507 and which are within the scope of the contract.

(End of Clause)

1.10 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer or his/her designated representative, SECTION 01 10 00.10 38 Page 6 in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor shall furnish submittals for any deviation from the plans or specifications. The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control System Manager shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer or his/her designated representative at least every 30 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register furnished in Section 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

(c) Normal review levels for required approvals are indicated by letter designations as follows:

Contractor Quality Control System Manager --- (CQC) Area or Resident Engineer ------------------- (R) Engineering Branch -------------------------- (E)

The Government reserves the right to vary the review levels for (R) and (E) to its convenience.

(d) The Contractor shall use ENG Form 4025, furnished in Section 01 33 00 SUBMITTAL PROCEDURES, to transmit Shop Drawings, Equipment Data, Material Samples or Manufacturer's Certificate of Compliance to the Government.

(End of Clause)

1.11 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer or his/her designated representative shall be required to attend a preconstruction conference (after award of the contract but before Commencement of Work) and a post construction meeting (after final acceptance of the work but before final payment is made). The Contractor and identified Subcontractors shall meet with Corps of Engineers personnel at a time and place determined by the Contracting Officer or his/her designated representative.

(b) At the preconstruction conference, the Contractor shall be oriented with respect to Government procedures and line of authority in contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

(c) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

SECTION 01 10 00.10 38 Page 7

Certificate of Insurance Quality Control Plan (see Section 01 45 01 USACE QUALITY CONTROL, for additional information) Certificate of Completion of Corps CQC Course Preliminary Submittal Register (ENG Form 4288 exclusive of Contractor submittal dates) Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor, 52.236-6) List of Subcontractors

(d) The letter of record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer or his/her designated representative to all in attendance.

(End of Clause)

1.12 BULLETIN BOARD

Within one (1) calendar day after commencement of work under this contract, the Contractor shall provide at the job site a weatherproof, glass-covered bulletin board for displaying the Fair Employment poster, wage rates, posters and safety bulletins as noted in Section 01 35 26, paragraph DISPLAY OF SAFETY INFORMATION. The bulletin board shall be located in a conspicuous place, easily accessible to all employees, and legible copies of the aforementioned data shall be displayed until work under the contract is complete. No direct payment will be made for the bulletin board.

(End of Clause)

1.13 PLANT LOCATION

The Contractor's plant shall be arranged and located in areas approved by the Contracting Officer or his/her designated representative. This requirement includes the construction plant; offices; shop and storage buildings; housing facilities and all other equipment and materials needed to construct the project.

(End of Clause)

1.14 "AS-BUILT" RECORD DRAWINGS

(a) The Contractor shall be responsible for maintaining in good condition one set of full size drawing prints at the job site, on which he shall keep a careful and neat record of all deviations, field changes and modifications from the original contract drawings which are made to each phase of construction as the work progresses. The Contractor is responsible for noting all changes and corrections on these prints promptly as in-place construction activities occur, but in no case less often than on a weekly basis. In addition to the above, the following shall be included:

(1) Actual location of all Contractor installed subsurface utility lines. Type of materials actually installed, major sizes of lines, etc. In order that the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, both ends of each run and each change in direction. Valves, splice boxes and similar appurtenances shall be

SECTION 01 10 00.10 38 Page 8 located by dimensions along the utility run from a reference point. The average depth below the surface of each run shall also be recorded.

(2) Any shop drawings which constitute part of the design shall be included with the record drawings.

(3) The manufacturer and model number of all major items of equipment shall be shown on the record drawings.

(4) Upon completion of all construction, the Contractor shall delete by notation all references to features not constructed.

(b) These annotated prints shall be certified as to their correctness by the signature of the Contractor and turned over to the Contracting Officer or his/her designated representative not later than ten

(10) days after final acceptance of the work by the Government. Marked up prints shall be reviewed for approval by the Contracting Officer or his/her designated representative and returned for corrections as necessary.

(End of Clause)

1.15 NCDOT SPECIFICATIONS

The North Carolina Department of Transportation "Standard Specifications for Roads and Structures English," dated January 2012, (hereinafter referred to as the Standard Specifications) applies to this work when so referenced.

(End of Clause)

1.16 DEFINITIONS FOR NCDOT SPECIFICATIONS

Wherever in the North Carolina Department of Transportation "Standard Specifications for Roads and Structures" or on the drawings the following terms are used, the intent shall be as indicated below unless otherwise modified within the specifications:

State - - - - - - - - - - - - - - - - - U. S. Government Department or Department of Transportation - - - - - - - - - - - Corps of Engineers Engineer or Chief Engineer- - - - - - - Contracting Officer, Corps of Engineers Materials and Test Unit - - - - - - - - Corps of Engineers Division of Highways- - - - - - - - - - Corps of Engineers Board or Board of Transportation- - - - Corps of Engineers

Where NCDOT materials and test unit requirements are referenced in these specifications, they shall be taken as such and not Corps of Engineers Standards unless otherwise stated.

(End of Clause)

1.17 SURVEY DATA

The Contractor shall maintain complete and accurate field notes, sketches, recordings and computations required in establishing the necessary horizontal and vertical control. All survey data shall be recorded in accordance with accepted standards and as approved by the Contracting Officer or his/her designated representative. All the above data shall be

SECTION 01 10 00.10 38 Page 9 available at all times during the progress of the work for ready examination and use by the Contracting Officer or his/her designated representative. Upon request of the Contracting Officer or his/her designated representative, the Contractor shall furnish a copy of above survey data.

(End of Clause)

1.18 SURVEY PERSONNEL REQUIREMENTS

(a) Survey personnel. All quantity surveys required by the Contractor, except those for any periods for which progress payments are requested, shall be made by personnel of a professional engineering and/or surveying firm experienced in the practice of such work including Global Positioning Systems (GPS) surveys. The survey personnel shall have the following minimum qualifications:

(1) Each party chief shall be a Professional Land Surveyor registered in the State of North Carolina and shall be proficient in the operation of precise and semi-precise instruments. They shall be capable of running horizontal and vertical control of 2nd order accuracy. In the event it is considered advantageous to employ a party chief who is not a Professional Land Surveyor, detailed qualifications of the individual shall be submitted to the Contracting Officer or his/her designated representative for review and approval.

(2) Instrument men shall be proficient in the operation of precise and semi-precise instruments including transit, total station, GPS, level, and alidade, and shall prepare all survey notes in a firm and legible manner.

(3) Rodman. At least one rodman shall have a minimum of six months prior experience.

(4) GPS party personnel shall be thoroughly trained in the theoretical as well as the operational use of GPS equipment. They shall be knowledgeable of error sources such as multipath and imaging.

(5) Surveying technicians shall be familiar with all phases of surveys and the North Carolina State Plane coordinate system. Also they shall be well versed in the computation and adjustment of horizontal and vertical control of 2nd and 3rd order survey. At least one technician shall be proficient in GPS post processing and Geoid modeling.

(b) Unless waived in each specific case, all surveys made by the Contractor shall be conducted in the presence of a representative of the Contracting Officer.

(c) The Government reserves the rights to make such surveys as necessary for verification of surveys made by the Contractor.

(End of Clause)

***Amendment 0001***

1.19 SURVEY REQUIREMENTS

(a) Preplacement surveys shall be made of the Masonboro Inlet South Jetty prior to placement of stone. The survey shall extend from station 19+00 to 36+00. Cross sections shall be taken perpendicular to the

SECTION 01 10 00.10 38 Page 10 centerline of the sheetpile wall. The sections shall be taken at 25-foot intervals along the sheetpile wall centerline and shall extend out a minimum of 150 feet on each side of the sheetpile wall centerline.

Elevations shall be taken at least every 5 feet, with at least 2 points on each stone where possible and at all breaks in grade including top and toe of slopes and top of sheetpile wall. All data shall be relative to NAD 1983 (2011) North Carolina State Plane, US Survey Feet in the horizontal plane and NAVD 88, US Survey Feet in the vertical plane. The Contractor shall submit the survey data to the Contracting Officer or his/her designated representative a minimum of 7 days prior to the commencement of stone placement.

(b) Postplacement surveys shall be made as soon as possible of the Masonboro Inlet South Jetty following completion of stone placement to the required lines and grades. Postplacement cross sections shall be taken using the same stations and requirements for the preplacement surveys.

Postplacement survey data shall be provided to the Contracting Officer or his/her designated representative as soon as practicable after completion of each acceptance area.

(c) Deliverables. The Contractor shall provide the following deliverables.

1. ASCII Data Files. The Contractor shall provide ASCII data files containing x,y,z coordinates, point numbers, feature descriptions, etc., for the cross sections, break lines and spot elevations that were surveyed.

2. Digital Terrain Modeling. Digital Terrain Models shall be submitted in a Bentley InRoads (.dtm) file, v8i Select Series 2 format.

There shall be no conflicts between the .dtm files and the CADD files.

3. Bentley Microstation File. Bentley Microstation version v8i Select Series 2 (.dgn) files displaying all planimetric features, mapped in North Carolina NAD 83 state plane coordinates shall be submitted.

Contouring shall be generated from the surface model file with appropriate contour smoothing and shall be included in the Microstation graphics (.dgn) file. Adequate quality control shall be performed to assure contours do not cross. The graphics files shall be three dimensional files with contours, elevation shots at the true elevation, and control points. All planimetric features shall be labeled in the CADD files. A Microstation seed file will be provided by the Government. The seed file shall be used for all CADD files. Microstation Working Units shall be set to US Survey Feet. All CADD deliverables shall comply with the CADD standards provided on the USACE CAD/BIM Web Page:

https://cadbim.usace.army.mil/CAD

Files shall be submitted on a compact disc or via electronic mail. Files for the preplacement surveys shall be provided to the Contracting Officer or his designated representative a minimum of 7 days prior to commencement of stone placement. Files for the postplacement surveys shall be provided to the Contracting Officer or his/her designated representative upon completion of work.

(d) Metadata Record. An FGDC compliant metadata record for both the preplacement survey and the postplacement surveys shall be created using ESRI ArcGIS ArcCatalog and compatible with version 10. Appropriate information shall be entered in all required fields. The metadata record shall be submitted on CD or DVD or via e-mail with all other digital files.

SECTION 01 10 00.10 38 Page 11

(e) Quality Control. All data and deliverables shall be reviewed for the following: required coverage of the survey limits, capture of all required features, required accuracies, required horizontal and vertical datum, no crossing contours, no conflicts between the additional digital files and DTM, and compliance with CADD Standards described in subparagraph (c)(3).

(f) Measurement and Payment. All costs for labor, materials, equipment, tools, supplies, and incidentals necessary to perform and furnish the preplacement and postplacement surveys shall be included in the contract price for "Pre and Post Placement Surveys" as listed in the Bid Schedule.

***Amendment 0001***

1.20 MAINTENANCE DURING CONSTRUCTION

From the first day any work is done, the Contractor shall maintain in an equally satisfactory condition all of the items of work covered by the contract until they are finished, placed in service unfinished, or until all of the work is finally accepted. This maintenance shall be continuous and effective work prosecuted day by day with adequate equipment to the end that roadway and structures are kept in satisfactory and acceptable condition. The Contractor shall be responsible for maintaining all barricades, danger, warning, and detour signs and lights as specified hereinafter. When no pay item for such maintenance is shown in the Bidding Schedule, the cost of maintenance shall be included in the price bid for other pay items, and no separate payment will be made.

(a) Maintenance when work is suspended. If construction is suspended for any reason, the Contractor shall place the work in such condition as the Contracting Officer directs, before suspension, and shall maintain it in a condition satisfactory to the Contracting Officer or his/her designated representative throughout the period of the suspension.

(b) Spilled materials. The Contractor shall not allow spilled materials to remain on the highways. Spillage sufficient to create a traffic hazard shall be removed immediately. Other light spillage shall be removed daily.

(End of Clause)

1.21 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and the Coast Guard governing lights and day signals to be displayed by towing vessels, tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipes or vessels involved in submarine or bank protection operations. The Contractor must also be in accordance with those regulations governing lights to be displayed on dredge pipeline and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel and the passing by other vessels of floating plant working navigable channels, as approved by the Secretary of the Army and Commandant, U.S. Coast Guard.

(End of Clause)

SECTION 01 10 00.10 38 Page 12

1.22 WORK IN QUARANTINED AREA

USACE and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests that may be present in the soil (USACE ER 1110-1-5). Major portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall thoroughly clean all construction equipment and tools at the previous job site in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment used for this USACE contract shall be thoroughly cleaned by the Contractor before it is removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.23 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. Integral to the partnership would be a joint Contractor/Government effort to settle any disputes that may arise without costly and time consuming litigation. To that end, a non-binding procedure such as the Alternate Dispute Resolution process could be developed and agreed upon by both parties when it is determined to be necessary. This partnership would be bilateral in make-up and participation will be totally voluntary. Any cost associated with developing this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

(End of Clause)

1.24 LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from such hauling. The Contractor shall not operate equipment of such weight or so loaded as to cause damage to drainage structures or the roadway, or to any other type of improvement, either completed or under construction. Hauling of materials over the existing surface shall be limited as directed, and in no case shall legal load limits be exceeded unless permitted in writing. The Contractor shall repair, at his own expense, all damage to the work caused by his equipment.

(End of Clause)

1.25 PROTECTION OF EXISTING FACILITIES

The Contractor shall not be responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor shall protect all existing structures, including bridges, SECTION 01 10 00.10 38 Page 13 roadway embankments, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be reviewed and approved by the Contracting Officer or his/her designated representative prior to their alteration.

(End of Clause)

1.26 SEAGOING BARGE ACT

(1979 OCE)

The Seagoing Barge Act (46 U.S.C. et sq.) applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with the Act, the low bidder shall within ten

(10) calendar days after bid opening submit a copy of said certificate to the Contracting Officer. Failure to produce the certificate within the required time shall subject the bidder to a determination of nonresponsibility.

(End of Clause)

1.27 MAINTENANCE OF WATER TRAFFIC

The Contractor shall maintain water traffic in a manner satisfactory to both the Contracting Officer or his/her designated representative and the U.S. Coast Guard. The Contractor shall provide and maintain navigational lights in conformance with the requirements of the U.S. Coast Guard on both temporary and permanent work and shall carry on all operations in connection with the construction of the project in such a manner as to avoid damage or delay to water traffic. All planned disruption to waterway traffic shall be reported in a notice to mariners coordinated through the U.S. Coast Guard.

1.28 COMPLIANCE WITH APPLICABLE NAVIGATION RULES AND REGULATIONS, MARINE

EQUIPMENT

The Contractor shall ascertain that all vessels used in performance of this contract are commanded, equipped, navigated and/or operated in strict compliance with the general regulations of the Department of the Army and of the U.S. Coast Guard, including but not limited to, applicable safety, environmental, and navigational rules and regulations in the Code of Federal Regulations.

1.29 FLOATING PLANT INSPECTION AND CERTIFICATION

Floating plant inspection and certification shall comply with paragraph 19.A.O1 of USACE EM 385-1-1.

1.30 CONTRACT DRAWINGS AND SPECIFICATIONS

(AUG 2000) DFARS 252.236-7001

(a) The Government will provide to the Contractor, without

SECTION 01 10 00.10 38 Page 14 charge, five (5) sets 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 or his/her designated representative.

(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 or his/her designated representative of any discrepancies;

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

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

(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 in Section 00 01 15 LIST OF DRAWINGS.

(End of clause)

SECTION 01 10 00.10 38 Page 15

1.31 RATES OF WAGES

1.31.1 General Decision Number: NC150078 01/02/2015 NC78

General Decision Number: NC150078 01/02/2015 NC78

Superseded General Decision Number: NC20140078

State: North Carolina

Construction Type: Heavy

Counties: Brunswick, New Hanover and Pender Counties in North Carolina.

HEAVY CONSTRUCTION PROJECTS

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015

SUNC2011-059 08/26/2011

Rates Fringes

CARPENTER, Includes Form Work....$ 13.98 0.69

ELECTRICIAN......................$ 15.41 3.13

LABORER: Common or General......$ 9.21 0.00

LABORER: Pipelayer..............$ 12.87 2.21

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 14.71 0.00

OPERATOR: Bulldozer.............$ 14.63 0.00

OPERATOR: Loader................$ 15.13 2.79

TRUCK DRIVER.....................$ 13.12 1.89

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

SECTION 01 10 00.10 38 Page 16

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those

SECTION 01 10 00.10 38 Page 17 classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

SECTION 01 10 00.10 38 Page 18

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

SECTION 01 10 00.10 38 Page 19

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

SECTION 01 10 00.10 38 Page 20

SECTION TABLE OF CONTENTS

DIVISION 32 - EXTERIOR IMPROVEMENTS

SECTION 32 05 00.38

STONE

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.3 SUBMITTALS

1.4 MEASUREMENT AND PAYMENT

1.4.1 Measurement

1.4.1.1 Truck Weight

1.4.1.2 Shipment by Rail

1.4.1.3 Truck and Rail Car Weights

1.4.1.4 Misplaced Stone

1.4.2 Payment

1.4.2.1 Armor Stone

PART 2 PRODUCTS

2.1 MATERIALS

2.1.1 Granite/Gneiss

2.1.2 Armor Stone

2.1.3 Stone Size and Gradations

2.1.4 Stone Sources

2.1.5 Stone Not Meeting The Specifications

2.1.6 Stone Markings

PART 3 EXECUTION

3.1 WORK AREA

3.2 PLACEMENT OF STONE

3.2.1 General

3.2.2 Minor Adjustments

3.2.3 Tolerances

3.2.4 Armor Stone Placement

3.3 QUALITY CONTROL

3.3.1 General

3.3.2 Records

-- End of Section Table of Contents --

SECTION 32 05 00.38 Page 1

SECTION 32 05 00.38

STONE

PART 1 GENERAL

1.1 SCOPE

The work under this section shall include all plant, labor, materials, working surface, and equipment required for the furnishing, transportation, storage, and placing of stone as shown on the drawings.

1.2…