Amendment_0002_Manteo.pdf

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 hereby amended as follow s:

A) Revise plans and specifications in response to bidder inquiries.

B) The hour and date specified for receipt of bids has not changed as a result of this amendment.

C) All other terms and conditions remain unchanged.

D) See attached documents.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

16C. DATE SIGNED

BY 20-Jul-2017

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-17-B-0007

X 9B. DATED (SEE ITEM 11)

28-Jun-2017

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

20-Jul-2017

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

CONTRACTING - WILMINGTON DISTRICT

69 DARLINGTON AVENUE

WILMINGTON NC 28403

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM-17-B-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The standard size code has changed from $36,500,000 to $27,500,000.00.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $27,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

(End of Summary of Changes)

Amendment 0002

Technical Summary of Changes

PROJECT TABLE OF CONTENTS

Delete existing Page 1 in its entirety and replace with revised Page.

01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

Delete existing Pages 1 thru 11 in their entirety and replace with revised liked-numbered pages.

35 20 23 – DREDGING

Delete existing Pages 1 thru 16 in their entirety and replace with revised liked-numbered pages.

APPENDIX

ADD Appendix A COVER and Enclosures in their entirety.

NOTE:

Text that is added or revised by this amendment is identified with Amendment 0002(beginning and ending of revision/addition). Track changes shown as Strikethroughs(Delete).

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 Sheet ID Nos. CN104, CN114 and CN115 in their entirety and replace with revised

Sheets. -- End of Summary of Changes- -

Encls As Stated

Maintenance Dredging Manteo-Rollinson-Hatteras Atlantic Harbor Channels Carteret, Hyde and Dare Counties North Carolina

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

STANDARD FORM 1442 - SECTION 00 73 00

00 01 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

Amendment 0002

APPENDIX

A Elevation Information for Island "D", Island "L", Island "MN", Cora June Island and New Dump Island

Amendment 0002

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

06/16

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 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.8 BULLETIN BOARD

1.9 FINAL EXAMINATION AND ACCEPTANCE

1.10 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.11 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.12 REQUIRED CONSTRUCTION MEETINGS

1.13 SIGNAL LIGHTS

1.14 PLANT LOCATION

1.15 PLANT

1.16 WORK IN QUARANTINED AREA

1.17 COORDINATION WITH OTHER CONTRACTORS

1.18 INSPECTION

1.19 PARTNERING

1.20 NOTICE TO MARINERS

1.21 LOAD RESTRICTIONS

1.22 PROTECTION OF EXISTING FACILITIES

1.23 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 1

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

06/16

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.

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 must 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:

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 -

SECTION 01 10 00.10 38 Page 2

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.

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer or his/her designated representative. All prescribed identification shall immediately be delivered to the Contracting Officer or his/her designated representative for cancellation upon the release of any employee.

(End of Clause)

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(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) 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 work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(c) 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. 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)

SECTION 01 10 00.10 38 Page 3

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder must include his premiums for performance and payment bonds under the appropriate "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.

1.6 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 and Small Disadvantaged 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)

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

(1998 January HQUSACE)

(a) Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism, including the associated side slopes, varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in the costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity within the required dredging prism. Any equitable adjustment in the contract unit price will also apply to that part of the actual quantity of

SECTION 01 10 00.10 38 Page 4 allowable over-depth material above 115 percent or below 85 percent of the estimated allowable over-depth quantity.

(b) If the quantity variation is such as to cause an increase in the time necessary for completion, the Contracting Officer or his/her designated representative shall upon receipt of a written request for an extension of time within 10 days from the beginning of such delay, or within such further period of time which may be granted by the Contracting Officer or his/her designated representative prior to the date of final settlement of the contract, ascertain the facts and make such adjustment for extending the completion date as in their judgment the findings justify.

(End of Clause)

1.8 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)

1.9 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or, if the work is divided into sections, or if any section which in the opinion of the Contracting Officer or his/her designated representative will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer or his/her designated representative. If any shoals, lumps, or the lack of contract depth are disclosed by this examination, the Contractor must remove same by dredging the bottom with payment at the appropriate contract rate for dredging. The Contractor is only allowed to do dragging operations in lieu of dredging if approved by the Contractor Officer or his/her designated representative. The Contractor will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in satisfactory condition, it will be accepted. If more than two sounding or sweeping operations by the Government over an area are necessary because of work for the removal of shoals disclosed by prior sounding or sweeping, the cost of such subsequent soundings or sweeping operations will be charged against the Contractor at the rate of $5,100.00 per day in which the Government plant is engaged in sounding or sweeping, is enroute to or from the site, or is held at or near the site for such operations.

(End of Clause)

1.10 ACCOMMODATIONS AND MEALS FOR INSPECTORS

(a) The Contractor shall furnish regularly to inspectors, for office purposes and sleeping purposes, when applicable, a suitable

SECTION 01 10 00.10 38 Page 5 separate room onboard the dredge or other craft upon which they are employed. If no suitable office space is available thereon, the Contractor shall furnish suitable alternate accommodations ashore at a location approved by the Contracting Officer or his/her designated representative and furnish suitable transportation between the alternate accommodations and the dredge or other craft upon which they are employed.

(b) If the Contractor maintains an establishment for the subsistence of his own employees, he shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer or his/her designated representative. The meals furnished shall be paid for by the individual consuming the meal at a rate commensurate with the basic Government subsistence rate of: $9.00 Breakfast; $13.00 Lunch; $29.00 Dinner.

(End of Clause)

1.11 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor must complete and submit to the Contracting Officer or his/her designated representative, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor must 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) must be allowed for review and approval and possible resubmittal. Scheduling must be coordinated with the approved progress schedule. The Contractor's Quality Control System Manager must review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings must 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 must 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

SECTION 01 10 00.10 38 Page 6

Government.

(End of Clause)

1.12 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 are 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 must 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 will 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 must submit the following items:

Certificate of Insurance Quality Control Plan (see Section 01 45 00.00 10 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)

1.13 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 7

1.14 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)

1.15 PLANT

Plant and equipment employed on the dredging work shall be in satisfactory operating condition capable of safely and efficiently performing the work as indicated or specified, and shall be subject to inspection and approval by the Government at all times. A complete listing of all dredging plant and machinery to be used in the work, including booster pumps, skiffs, barges, and other related equipment, shall be submitted and included with the bid package. The listing shall include year and manufacturer, operational capacities, safety features, operating and licensing requirements for operators, and a description of where and how the item of equipment will be employed in the work. The contractor shall perform the scheduled dredging work on this contract with a cutter suction dredge with a minimum of 1,000 horsepower continuous to the pump, and capable of safely and efficiently working in an open water environment in accordance with all of the construction requirements of this contract as indicated and specified. The Contractor shall provide documentation verifying the pumps to be utilized for this work have performed efficiently on previous work in conditions and for material similar to that to be encountered for this contract. The measure of the "Capacity of Plant" shall be its actual performance on the work or similar work to which these specifications apply. No reduction in the capacity of the plant, once inspected and approved by the Government to be sufficient for employment on the work, shall be made except by written permission of the Contracting Officer.

Once the dredge certified as specified above has been mobilized to the project site, it shall not be removed from the project site until all scheduled work for the contract has been satisfactorily performed by the Contractor and accepted by the Government, except by written permission of the Contracting Officer. The Government will conduct a Pre-Award Survey for which the Contractor shall be required to provide as a part of his pre-award documentation a signed and notarized certificate that verifies his plant to be used on the scheduled work meets the horsepower and open water operating requirements as specified. The pre-award documentation shall also include verification documentation that indicates on which projects the plant has been used to dredge similar material in an open water environment and at a production rate sufficient to accomplish the work within the performance period stated for this contract.

(End of Clause)

1.16 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 must thoroughly clean all construction

SECTION 01 10 00.10 38 Page 8 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 must be cleaned using water under pressure, and hand tools must be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment used for this USACE contract must be thoroughly cleaned by the Contractor before it is removed from this job site. The Contractor must consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.17 COORDINATION WITH OTHER CONTRACTORS

Other Contractors may be working in the vicinity of the work during the time period of this contract. The Contractor shall coordinate his/her contract operations with other Contractors in the area as needed to avoid conflicts and delays. Any potential delays due to conflicts with other contractors shall be reported to the Contracting Officer or his/her designated representative immediately.

(End of Clause)

1.18 INSPECTION

The Contractor shall furnish, on the request of the Contracting Officer or his/her designated representative, suitable transportation from all points on shore designated by the Contracting Officer or his/her designated representative to and from the various pieces of plant, and to and from all work locations. The transportation, if by boat, must comply with the requirements of paragraph 19.F of USACE EM 385-1-1 . Should the Contractor refuse, neglect, or delay compliance with this requirement, a vessel 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)

1.19 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)

Amendment 0002

SECTION 01 10 00.10 38 Page 9

1.20 NOTICE TO MARINERS

(a) The Contractor shall coordinate Local Notice to Mariners with the U.S. Coast Guard, and provide dredging schedule and location by shoal/tangent/section by contacting USCG Sector North Carolina Waterways Management.

(b) Should the Contractor, during dredging operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall notify the Coast Guard immediately as to the location of said object and any other information necessary for a Notice to Mariners. The Contractor shall provide copies of this information to the Contracting Officer or his/her designated representative.

USCG Sector North Carolina Waterways Management, (910) 772-2230 and (252) 247-4525 251-4525 .

USCG Fifth District Aids to Navigation, (757) 398-6230.

Amendment 0002

1.21 LOAD RESTRICTIONS

The Contractor must 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 must 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 must be limited as directed, and in no case shall legal load limits be exceeded unless permitted in writing. The Contractor must repair, at his own expense, all damage to the work caused by his equipment.

(End of Clause)

1.22 PROTECTION OF EXISTING FACILITIES

The Contractor is not responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor must protect all existing structures, including bridges, roadway embankments, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor is responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor is 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/she must 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)

Amendment 0002

1.23 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 10 charge, tw po (2) CD's, three (3) sets of full-size contract drawings , two

(2) sets of half-size contract drawings and five (5) sets of 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 must—

(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 paragraph (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) Amendment 0002

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

SECTION 01 10 00.10 38 Page 11

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23

DREDGING

07/13

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

1.2 REFERENCES

1.3 SUBMITTALS

1.4 WORK COVERED BY CONTRACT PRICE

1.5 ORDER OF WORK

1.6 CHARACTER OF MATERIALS

1.7 ENVIRONMENTAL WINDOWS

1.8 NOTICES

1.9 NAVIGATION AIDS

1.10 MISPLACED MATERIAL

1.11 OVERDEPTH AND SIDE SLOPES

1.11.1 Overdepth

1.11.2 Side Slopes

1.11.3 Excessive Dredging

1.12 TIDE DATA

1.12.1 Real Time Kinematic (RTK) GPS

1.12.2 Kinematic Tidal Datum

1.12.3 RTK GPS disputes

1.13 MEASUREMENT AND PAYMENT

1.13.1 Volume of Material Removed

1.13.2 Contract Drawings

1.13.3 Monthly Partial Payments

1.13.4 Method of Survey

1.13.4.1 Singlebeam Surveying Method

1.13.4.1.1 Survey Lines

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DREDGE POSITIONING SYSTEM

3.2 DISPOSAL OF DREDGED MATERIAL

3.2.1 General

3.2.2 Island "H" Disposal Area

3.2.3 Island "D" Disposal Area

3.2.4 Island "L" Disposal Area

3.2.5 Island "MN" Disposal Area

3.2.6 Parnell and Wells Disposal Areas

3.2.7 New Dump Island

3.2.8 Cora June Island

3.2.9 Big Foot Slough Disposal Island

3.3 DREDGED MATERIAL DISPOSAL PLAN

3.4 COMMUNICATIONS

SECTION 35 20 23 Page 1

3.5 REPORTING REQUIREMENT

3.6 COMPLIANCE WITH APPLICABLE NAVIGATION RULES AND REGULATIONS,

MARINE EQUIPMENT

3.7 FLOATING PLANT INSPECTION AND CERTIFICATION

3.8 QUALITY CONTROL

3.9 DREDGING IN PROGRESS

3.10 SUBMERGED PIPELINE

3.11 EXISTING STRUCTURES

3.12 PIPELINE ROUTES

3.12.1 General

3.13 PIPELINE LEAKAGE

3.14 TEMPORARY SAFETY FENCING

3.15 BOOSTER PUMPS

3.16 QUANTITIES SUMMARY

3.17 WATER POLLUTION CONTROL

3.17.1 Contamination of Water

3.17.2 Disposal of Materials

ATTACHMENTS:

Attachment 1 - Quantities Summary

-- End of Section Table of Contents --

SECTION 35 20 23 Page 2

SECTION 35 20 23

DREDGING

07/13

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

(a) The work consists of furnishing plant, labor, materials, supplies, and equipment to perform dredging and associated work as required by these specifications and contract drawings for Maintenance Dredging-Manteo-Rollinson-Hatteras to Hatteras Inlet-Big Foot Slough-Atlantic Harbor Channels, Carteret, Hyde and Dare Counties, North Carolina.

(b) Dredging is required in the following channel reaches:

Ranges 14A, 14B, 14C, 16, 17 and 17 Extension, Old House Channel Ranges 1 and 2

Rollinson Channel

Hatteras to Hatteras Inlet Channel, ranges 3-5 and Hatteras Ferry Connnecting Channel

Atlantic Harbor Range 1 and Range 2

(c) Dredging shall be required in the following channel reaches if the option bid items are exercised:

Walter Slough

Big Foot Slough

(d) The depth, bottom widths and lengths to be dredged are shown on the drawings. The depth, bottom widths and lengths to be dredged are based on the bottom conditions existing on the date of the contract survey and are subject to change based on the bottom conditions at the time of the before dredging survey. The Contractor shall remove sufficient material to provide the depth shown on the drawings.

1.2 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.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

EM 1110-2-1003 (2013) Hydrographic Surveying Manual

SECTION 35 20 23 Page 3

1.3 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

DREDGED MATERIAL DISPOSAL PLAN; G, A

1.4 WORK COVERED BY CONTRACT PRICE

The contract price per cubic yard for dredging of the BIDDING SCHEDULE includes all costs associated with plant, labor, equipment, supplies, and materials required for dredging and disposal of all dredged material.

1.5 ORDER OF WORK

Unless otherwise directed by the Contracting Officer or his/her designated representative, the order of work shall be at the discretion of the Contractor.

1.6 CHARACTER OF MATERIALS

The material to be removed from the dredging areas is composed predominately of shoaled material, which has accumulated since the areas were last dredged. Historically the material from the various dredging areas has consisted primarily of sand, silt and clay. Wood, metal and other sunken debris that may have become lodged in the channel may also be encountered. No subsurface investigations have been made for this maintenance dredging. Historic subsurface investigation data from previous dredging contracts are available from the Wilmington District Office.

Requests to view the data shall be submitted via Bidder Inquiry at the ProjNet website at http://www.projnet.org.

1.7 ENVIRONMENTAL WINDOWS

See Section 01 57 19 , subparagraph Environmental Windows.

1.8 NOTICES

a. The Contractor shall give the Contracting Officer or his/her designated representative five (5) days advance written notice before commencing work.

b. The Contractor shall request Government before-dredging surveys, in writing, five (5) days prior to beginning dredging in an acceptance section.

c. The Contractor shall request Government after-dredging surveys in writing, three (3) working days prior to completion of an acceptance section.

Amendment 0002

1.9 NAVIGATION AIDS

There may be aids to navigation within the project boundaries. Some, or

SECTION 35 20 23 Page 4 all, of such aids to navigation may need to be removed for the accomplishment of the contract work. Before the commencement of dredging, it shall be the responsibility of the Contractor to examine all channels to determine any need for moving of aids to navigation and to provide the U.S. Coast Guard (USCG) and any other responsible parties notification 5 weeks prior to needing a navigation aid moved. The USCG point of contact is CW04 Scott McAloon, phone 252-247-4525, email: scott.d.mcallon@uscg.mil.

If it is necessary to utilize fixed USCG aids for electronic or manual survey or tide monitoring equipment, approval is required by the USCG prior to implementation or access. Any such request must be submitted in writing to the Contracting Officer and the Contracting Officer will submit the request to the USCG for their review and consideration. USCG Sector North Carolina Waterways Management can be contacted at 910-772-2230 and 252-247-4525. Any impacts to the work due to the inability of the Contractor to accomplish any needed movement of aids to navigation will not be the responsibility of the United States Government or of the Contracting Officer or his/her designated representative.

Amendment 0002

1.10 MISPLACED MATERIAL

(a) If, in the opinion of the Contracting Officer or his/her designated representative, this misplaced material will in any way be a hazard to navigation, to normal activities of the public, or to the environment, the Contractor shall consult with the Contracting Officer or his/her designated representative to determine how to remove the misplaced material with minimal additional impact. The removal of such misplace material shall be completed to the satisfaction of the Contracting Officer or his/her designated representative at the Contractor's expense. No payment will be made for misplace material.

(b)…