A21 - W912PM21B0011_AMD1.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 W912PM21B0011 hereby amended as follow s:

A) Update plans and specs as noted in attached documents.

B) Extend the due date for questions from 8/7/2021 to 8/11/2021.

C) Extend the bid opening date from 8/17/2021 at 2PM to 8/20/2021 at 2PM Eastern.

D) See technical summary of changes. All other terms and conditions remain 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 10-Aug-2021

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 W912PM21B0011

X 9B. DATED (SEE ITEM 11)

15-Jul-2021

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 X is extended, 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

10-Aug-2021

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

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:

W912PM21B0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 17-Aug-2021 02:00 PM to 20-Aug-2021 02:00 PM.

CLIN 0002

The pricing detail quantity has decreased by 14,000.00 from 54,000.00 to 40,000.00.

CLIN 0004

The pricing detail quantity has decreased by 35,000.00 from 75,000.00 to 40,000.00.

SUBCLIN 0009AA

The pricing detail quantity has decreased by 8,000.00 from 78,000.00 to 70,000.00.

The following have been modified:

TOTAL AMOUNTS

TOTAL AMOUNT OF LINE ITEMS 0001 - 0005 $___________________

TOTAL AMOUNT OF LINE ITEMS 0006AA - 0006AB $___________________

TOTAL AMOUNT OF LINE ITEMS 0007AA - 0007AB $___________________

TOTAL AMOUNT OF LINE ITEMS 0008AA - 0008AB $___________________

TOTAL AMOUNT OF LINE ITEMS 0009AA - 0009AB $___________________

TOTAL AMOUNT OF LINE ITEMS 0001 – 0009AB $___________________

(End of Summary of Changes)

Solicitation # W912PM21B0011 Project Title – Maintenance Dredging, Atlantic Intracoastal Waterway Amendment No. 0001 Date: 06-AUG-2021

TECHNICAL SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS. Attached hereto are [new, revised and deleted] section specifications. Revised noted with AMDT0001

A. REVISED SECTIONS. The following revised sections replace like numbered sections.

a. 35 20 23 - Dredging

i. Attachment 1 – Quantity Summary

1. Revised Volume CY

a. Line Item 2 – 40,000

b. Line Item 4 – 40,000

c. Line Item 0009AA – 70,000

B. NEW SECTIONS. The following sections are added to the specifications:

a None

C. DELETED SECTIONS: The following sections are deleted from the specifications:

a None

2. CHANGES TO DRAWINGS. Attached hereto are [new and revised] drawing sheets. Revised sheets replace like-numbered sheets. The revision tracker in the Title Block of each sheet is populated to reflect the current Amendment Number and issue date.

A. REVISED DRAWINGS (ISSUED). The following revised drawings replace like numbered drawings and are issued herewith:

Sheet ID Title Revision Date CN103 Lockwoods Folly Inlet Crossing & Widener Tangent 10 08.06.21

B. NEW DRAWINGS (ISSUED). The following new drawings are added to the drawing set and are issued herewith:

Sheet ID Title Date None

…end of summary…

06 August 2021

Solicitation No. W912PM21B0011

Maintenance Dredging, Atlantic Intracoastal Waterway

North Carolina

Amendment 0001 Specifications

CUI

Maintenance Dredging Atlantic Intracoastal Waterway AIWWDREDGINGFY22 North Carolina RTA

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 01 15 LIST OF DRAWINGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

01 32 01.00 10 PROJECT PROGRESS SCHEDULE

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 50 00 TEMPORARY CONSTRUCTION FACILITIES

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 20 23 DREDGING

-- End of Project Table of Contents --

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PROJECT TABLE OF CONTENTS Page 2

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

04/ 22

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

1.3 SUPPLEMENTARY DRAWINGS

1.3.1 The Reference Drawings

ATTACHMENTS:

Attachment 1-Index of Drawings

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

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DOCUMENT 00 01 15 Page 2

DOCUMENT 00 01 15

LIST OF DRAWINGS

04/ 22

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings and Specifications."

1.2 CONTRACT DRAWINGS

Contract drawings are as shown in Attachment 1-Index of Drawings.

1.3 SUPPLEMENTARY DRAWINGS

These supplementary drawings may not be a part of the contract but are included with the drawings for information.

1.3.1 The Reference Drawings

The reference drawings are intended only to show the original dredging.

Drawings are the property of the Government and shall not be used for any purpose other than that intended by the contract.

Reference drawings are as shown in Attachment 1-Index of Drawings.

-- End of Document --

DOCUMENT 00 01 15 Page 3

W912PM21B0011

FY22 AIWW, MAINTENANCE DREDGING 07 MAY 2021

Controlled Unclassified Information (CUI)

00 01 15

LIST OF DRAWINGS

ATTACHMENT 1

Sheet Number

Description

G001 Cover Sheet

GI01 Location Map and Index of Drawings

CN101 Brown’s Inlet Crossing Section 2 Tangent F

CN102 Brown’s Inlet Placement Area

CN103 Lockwood’s Folly Inlet & Widener Tangent 10

CN104 Lockwood’s Folly Placement Area

CN105 Snow’s Cut Section 5 Tangent 3 & 4

CN106 Snow’s Cut Section 5 Tangent 4 & 4A

CN107 Snow’s Cut Placement Area – Masonboro Island

CN501 Erosion & Sediment Control Notes & Details

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

04/ 21

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 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.8 INSPECTION

1.9 FINAL EXAMINATION AND ACCEPTANCE

1.10 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.11 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.12 REQUIRED CONSTRUCTION MEETINGS

1.13 BULLETIN BOARD

1.14 PLANT

1.15 PLANT LOCATION

1.16 SIGNAL LIGHTS

1.17 WORK IN QUARANTINED AREA

1.18 NCDOT SPECIFICATIONS

1.19 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.20 IDENTIFICATION OF EMPLOYEES

1.21 PUBLIC CONVENIENCE AND SAFETY

1.22 LOAD RESTRICTIONS

1.23 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

1.24 CONTRACT AREA AND TRESPASSING

1.25 PARTNERING

1.26 IN-WATER LINES

1.27 LOCAL NOTICE TO MARINERS

1.28 PROTECTION OF EXISTING FACILITIES

1.29 WATER CONSERVATION

1.30 COORDINATION WITH OTHER CONTRACTORS

1.31 SURVEY DATA

1.32 SURVEY REQUIREMENTS

1.33 SURVEY PERSONNEL REQUIREMENTS

1.34 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 1

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SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

04/ 21

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

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

Accident Prevention Plan ; G

Environmental Protection Plan ; G

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 3

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.

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

SECTION 01 10 00.10 38 Page 4

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) ."

Monthly Anticipated Adverse Weather Delay

Work Days Based on 5-day Work Week

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

7 7 7 5 6 6 8 8 7 5 5 6

(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 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, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor will 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 60 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.

SECTION 01 10 00.10 38 Page 5

(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)

1.7 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 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 INSPECTION

The Contractor shall be required:

(a) To furnish, on the request of the Contracting Officer or his/her designated representative or any Government inspector, the use of such boats, ATV's, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew as may be reasonably necessary in inspecting the work. However, the Contractor shall not be required to furnish such facilities for the surveys prescribed in the clause entitled

"FINAL EXAMINATION AND ACCEPTANCE".

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

SECTION 01 10 00.10 38 Page 6 pieces of plant, and to and from all work locations. The transportation, if by boat, shall comply with the requirements of paragraph 19.F of USACE

EM 385-1-1 .

(c) To furnish a 4X4 utility vehicle capable of safely transporting four persons for use by the Contracting Officer or his/her designated representative, official visitors to the site or any Government inspector for use off road i.e., beach fill projects. 4X4 utility vehicle shall be equipped with seat belts, ROPS, lights, back-up alarm and foul weather protection (same as contractor equipment). Contactor shall be responsible for 4X4 utility vehicle maintenance and fuel.

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.

(d) The Contractor shall perform a pre-existing inspection. The Contractor shall document all beach fill placement areas to include the beach fill and adjoining structures, pipes, etc that may be affected by the dredging and beach fill placement operations.

The Contracting Officer or his/her designated representative or Government Inspector shall have full access at all times to any and all points on shore, and the various pieces of plant including but not limited to:

supporting plant and ancillary plant and or equipment. All Government Representatives will comply with the real-time/current time requirements of the Center for Disease Control (CDC). The Contractor shall not impose or enforce requirements and/or restrictions on the Government representatives which are more stringent than, or exceed the CDC requirements without the prior written approval of the Contracting Officer, and any delays or other costs attributable to the unauthorized imposition or enforcement of those requirements and/or restrictions shall be at the expense of the Contractor.

(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 shall remove same by dredging the bottom with payment at the appropriate contract rate for dredging. 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 $5,000 per day in which the Government plant is

SECTION 01 10 00.10 38 Page 7 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 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: $5.00 Breakfast; $8.00 Lunch; $13.00 Dinner.

(End of Clause)

1.11 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

SECTION 01 10 00.10 38 Page 8 within the scope of the contract.

(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 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:

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 Accident Prevention Plan (APP) Environmental Protection Plan (EPP)

(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.

(e) The Contractor and any Subcontractors identified by the Contracting Officer or his/her designated representative shall be required to participate in weekly progress meetings via phone or on site at the discretion of the Contracting Officer or his/her designated representative.

(End of Clause)

1.13 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

SECTION 01 10 00.10 38 Page 9 bulletin board.

(End of Clause)

1.14 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 cutterhead hydraulic pipeline 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)

1.15 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)

1.16 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

SECTION 01 10 00.10 38 Page 10 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 shall 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)

1.17 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 and hand tools used for this USACE contract shall be thoroughly cleaned by the Contractor before they are removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

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1.18 NCDOT SPECIFICATIONS

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

1.19 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.

SECTION 01 10 00.10 38 Page 11

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1.20 IDENTIFICATION OF EMPLOYEES

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. When required by the Contracting Officer or his/her designated representative the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

At least 10 days before mobilizing, the Contractor shall furnish the Contracting Officer or his/her designated representative, names, driver's license, and vehicular tag numbers of each employee that will be working on this project. The Contractor shall require employees to display identification when requested.

If there are any changes in employees who are assigned to the work at any time after the information is submitted and prior to completion of work, the Contractor shall promptly furnish updated information to the Contracting Officer or his/her designated representative.

It will be the responsibility of the Contractor to take those measures which he/she deems necessary to protect his/her plant and personnel prior to beginning work.

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1.21 PUBLIC CONVENIENCE AND SAFETY

(a) Roads to be closed. No road shall be closed to the public by the Contractor until construction of the new facilities infringe upon the public safety or until construction of the new facilities obliterate the existing facilities. The Contractor shall obtain the Contracting Officer or his/her designated representative's approval before closing any roads.

Barricades, danger, warning and detour signs, as required, shall be erected before closing any roads.

(b) Storage of materials. Materials and equipment shall not be stored within roadway rights-of-way or in such a manner as to pose possible danger or obstruction to the traveling public.

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1.22 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

SECTION 01 10 00.10 38 Page 12 equipment.

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1.23 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

The Contractor shall provide, erect, and maintain all necessary traffic control devices in substantial conformance to Part 6 of the 2003 "Manual on Uniform Traffic Control Devices for Streets and Highways" with Revisions 1 and 2 as published by the U.S. Department of Transportation, Federal Highway Administration, and available on the Internet at: http:// www.muted.fhwa.dot.gov. This requirement shall include flagman as shown in the manual when necessary and the use of electric flashers as conditions of construction may require during hours of darkness. The Contractor shall take all necessary precautions for protection of the work and for the safety of the public at or near the site of construction.

Signing, barricades, lights, and other devices shall be well maintained and repositioned or removed as the progress of the work requires. No substandard, poorly maintained device will be acceptable. Particular attention shall be given to the following:

(a) Removal of barricades and warning signs. As soon as construction advances to the extent that temporary barricades, and signs such as "Detour", "One Way Traffic," etc. are no longer needed to inform the traveling public, such signs shall be removed promptly.

(b) Replacement of signs. When new work is necessary during any period of construction or maintenance, necessary signs shall be replaced as are needed to adequately warn and protect the public in accordance with the provisions outlined above. As soon as the project has been accepted for maintenance, all temporary barricades and warning signs shall be removed promptly.

(c) Cost of protective devices. Unless otherwise shown in the Bidding Schedule, the cost of furnishing, erecting, maintaining, and removing protective devices will not be paid for as separate bid items.

Where the Contractor is required to perform any of these functions, the cost thereof shall be included in the overall bid submitted. Ownership of the temporary warning devices shall remain with the Contractor provided the devices are removed promptly after completion of the work as specified above. If such warning devices are left in place for more than 30 days after the specified time for removal, the Government shall have the right to remove such devices and to claim possession thereof.

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1.24 CONTRACT AREA AND TRESPASSING

The Contractor shall not inflict damage upon land outside the contract area by unwarranted entry upon, passage through, or placement of material on such land. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, lands or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer or his/her designated representative. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations.

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SECTION 01 10 00.10 38 Page 13

1.25 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.

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1.26 IN-WATER LINES

In order to minimize the risk of sea turtle entanglement, in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and unable to loop or tangle. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. For flexible in-water lines, such as nylon rope or any lines that could loop or tangle, care must be taken to ensure that all lines are rigged properly, utilizing the correct amount of line to best prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

1.27 LOCAL NOTICE TO MARINERS

(a) The Contractor shall coordinate Local Notice to Mariners with the U.S. Coast Guard (USCG) by contacting USCG District Five at (757) 398-6229 or, alternately, Sector North Carolina at (910) 772-2230.

Contractor shall provide the dredging schedule and location by shoal/tangent/section.

(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 USCG immediately with location and other pertinent information necessary for the USCG to issue a Local Notice to Mariners. The Contractor shall provide copies of this information to the Contracting Officer or his/her designated representative.

1.28 PROTECTION OF EXISTING FACILITIES

The Contractor will 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, 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

SECTION 01 10 00.10 38 Page 14 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.

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1.29 WATER CONSERVATION

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified. Water needed for compaction of materials, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer or his/her designated representative.

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1.30 COORDINATION WITH OTHER CONTRACTORS

Other Contractors may be working in the vicinity during the time period of this contract. The Contractor shall coordinate the 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.

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1.31 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 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 the survey data.

1.32 SURVEY REQUIREMENTS

a. Beach surveys to be performed by the Contractor are as follows:

(1) Preplacement surveys shall be made of the entire beach placement limits (onshore and offshore) prior to placement of dredged material on the beach. Such surveys shall be scheduled so that survey data (to include all required deliverables) shall be furnished to the Contracting Officer or his/her designated representative a minimum of 5 working days in advance of the initiation of any dredging and placement of dredged material so that control of quantities and adjustments to the fill section may be made if necessary. The sections shall be taken at intervals of 200 feet and at right angles to the beach or as otherwise directed. All sections shall extend from top of the existing dune to a minimum distance of 1,500 feet seaward of the top of the existing dune.

Elevations and ocean soundings shall be taken generally at 25-foot

SECTION 01 10 00.10 38 Page 15 intervals and at all break points. 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.

(2) Postplacement surveys shall be made as soon as possible after placement of dredged material on the beach and final grading of the fill.

Postplacement sections shall be taken using the same stations and requirements for the preplacement surveys. The Contractor shall submit the postplacement survey data to the Contracting Officer or his/her designated representative 7-days after completion of placement of dredged material on the beach and completion of the survey.

b. Deliverables.

The Contractor shall provide the following deliverables for preplacement and postplacement beach surveys.

1. ASCII Data Files. The Contractor shall provide ASCII data files containing xyz coordinates of easting, northing, elevation for each beach survey.

Files shall be submitted on a compact disc or via electronic mail.

c. Metadata Record. An FGDC compliant metadata record for the Beach Placement Areas preplacement and postplacement surveys shall be created using ESRI ArcView/ArcInfo / 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.

d. 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 and required horizontal and vertical datum.

e. Measurement and Payment. All costs for labor, materials, equipment, tools, supplies, and incidentals necessary to perform and furnish the preplacement and postplacement surveys for the beach placement areas shall be considered incidental to and included in the appropriate contract price for dredging as listed in the Bid Schedule.

1.33 SURVEY PERSONNEL REQUIREMENTS

a. Survey personnel. All 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.

SECTION 01 10 00.10 38 Page 16

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.

d.…