A21 - W912PM22B0012_AMDT0002_Final.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 W912PM22B0012 - MAINTENANCE DREDGING, WILMINGTON HARBOR ANCHORAGE BASIN AND 42-FT PROJECT AND 32-FT PROJECT, NEW HANOVER AND BRUNSWICK COUNTIES, NORTH CAROLINA IS HEREBY AMENDED AS FOLLOWS:

1. SEE THE TECHNICAL SUMMARY OF CHANGES.

2. 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 04-Aug-2022

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 W912PM22B0012

X 9B. DATED (SEE ITEM 11)

12-Jul-2022

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

04-Aug-2022

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:

W912PM22B0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

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

The required response date/time has changed from 11-Aug-2022 02:00 PM to 16-Aug-2022 02:00 PM.

(End of Summary of Changes)

Solicitation # W912PM22B0012 Date: 04-AUGUST-2022 Project Title – Maintenance Dredging, Wilmington Harbor Anchorage Basin and 42-ft. Project and 32-ft.

Project New Hanover and Brunswick Counties, North Carolina Amendment No. 0002

SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS. Attached are revised and deleted sections to the specifications.

A. REVISED SECTIONS:

Amendment 0002 Specifications Deleted: Specification Section 35 20 23.33 NATIONAL DREDGING QUALITY

MANAGEMENT PROGRAM PIPELIANE HYDRAULIC DREDGE

US Army Corps of Engineers (USACE) National Dredging Quality

Management Program (DQM) not required.

…end of summary…

Maintenance Dredging, Wilmington Harbor Anchorage Basin and 42-ft. Project and 32-ft. Project New Hanover and Brunswick Counties, North Carolina

Amendment 0002 Specifications

04-AUGUST-2022

Solicitation No. W912PM22B0012 Contract No. W912PM22XXXXX

Maint Dredging, Wilmington Anchorage Basin, 42-FT & 32-FT Project FY22WHAB42FT Amendment 0002

PROJECT TABLE OF CONTENTS

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

00 01 15 02/11, CHG 1: 08/14 LIST OF DRAWINGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00.10 38 08/18 SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS DREDGING / CONSTRUCTION

01 32 01.00 10 02/15 PROJECT PROGRESS SCHEDULE

01 33 00 05/11 SUBMITTAL PROCEDURES

01 35 26 11/20, CHG 3: 02/22 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 11/08 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 01/16 QUALITY CONTROL

01 45 00.15 10 11/16 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE(RMS CM)

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS 04/21

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

35 20 23 DREDGING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/ 11, CHG 1: 08/ 14

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

ATTACHMENTS:

***AMDT0001***Attachment 1 - Index of Drawings ***AMDT0001***

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/ 11, CHG 1: 08/ 14

PART 1 GENERAL

1.1 SUMMARY

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

1.2 CONTRACT DRAWINGS

Contract drawings are as shown on ***AMDT0001***Attachment 1 - Index of Drawings ***AMDT0001*** of this Section.

-- End of Document --

DOCUMENT 00 01 15 Page 2

Attachment 1 - Index of Drawings

Sheet No. Title

G-000 COVER SHEET

G-001 GENERAL CONSTRUCTION NOTES

C-101 SITE PLAN

S-101 MAIN DAM PLAN AND ELEVATIONS

S-102 SPILLWAY MONOLITHS 19-41 INCL. PLAN AND SECTION

S-103 NON-OVERFLOW MONOLITHS 1-9 INCL. AND 42-53 INCL. CUT-OFF WALL PLAN, ELEVATION, AND SECTIONS

S-501 SPILLWAY MONOLITHS 20-40 INCL. PIER DECK ARRANGEMENT SECTIONS AND DETAILS

S-502 GIRDER REPAIR PHOTOS

REFERENCE DRAWINGS (ISSUED 1947)

GC 203A-2 MAIN DAM - PLAN, ELEVATIONS AND SECTIONS SHEET NO. 6

SC 200A-1 SPILLWAY MONOLITHS 19-41 INCL. PLAN AND SECTION SHEET NO. 42

SS 200A-0 SPILLWAY MONOLITHS 19-41 INCL. BRIDGE ERECTION DIAGRAM AND GIRDER DETAILS SHEET NO. 164

SS 201A-0 SPILLWAY MONOLITHS 19-41 INCL. BRIDGE FLOOR BEAMS SHEET NO. 165

SS 202A-0 SPILLWAY MONOLITHS 19-41 INCL. MISCELLANEOUS STRUCTURAL STEEL SHEET NO. 166 SS 203A-0 SPILLWAY MONOLITHS 19-41 INCL. HATCH FRAMES, COVERS AND JOINT FRAMES SHEET NO. 167 SS 204A-1 SPILLWAY MONOLITHS 19-41 INCL. CATWALK-ERECTION AND DIAGRAM DETAILS NO. 168

SS 205A-0 SPILLWAY MONOLITHS 19-41 INCL. CATWALK FRAMING NO. 169

SS-206A-0 SPILLWAY MONOLITHS 19-41 INCL. HATCH ARRANGEMENT NO. 170

SS 207A-0 SPILLWAY MONOLITHS 20-40 INCL. PIER DECK ARRANGEMENT NO. 171

NC 200A-0 NON-OVERFLOW MONOLITHS 1-9 INCL. AND 42-53 INCL. AND CUT-OFF WALL SHEET NO. 37 NC 201A-0 NON-OVERFLOW MONOLITHS 1-8 INCL. AND 42-53 INCL. SECTIONS & DETAILS SHEET NO. 38

NC202A-0 NON-OVERFLOW MONOLITHS 9 INCL. SECTIONS & DETAILS SHEET NO. 39

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS DREDGING / CONSTRUCTION

08/18

PART 1 GENERAL

1.1 REFERENCES

1.2 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.3 SUBMITTALS

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.7 WATER CONSERVATION

1.8 LOCAL NOTICE TO MARINERS

1.9 NAVIGATION AIDS

1.10 SEAGOING BARGE ACT

1.11 BULLETIN BOARD

1.12 FINAL EXAMINATION AND ACCEPTANCE

1.13 WORK PLAN

1.14 PROGRESS SCHEDULE

1.15 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.16 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.17 CERTIFICATES OF COMPLIANCE

1.18 CONTRACTOR-PREPARED NETWORK ANALYSIS SYSTEM

1.19 REQUIRED CONSTRUCTION MEETINGS

1.20 ADVANCE NOTICE REQUIREMENT

1.21 WORK IN QUARANTINED AREA

1.22 ACCEPTANCE

1.23 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

1.24 PLANT LOCATION

1.25 PLANT

1.26 PUBLIC CONVENIENCE AND SAFETY

1.26.1 Roads To Be Closed

1.26.2 Storage of Materials

1.27 INSPECTION

1.28 SIGNAL LIGHTS

1.29 PARTNERING

1.30 LOAD RESTRICTIONS

1.31 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

1.31.1 Removal of Barricades And Warning Signs

1.31.2 Replacement of Signs

1.31.3 Cost of Protective Devices

1.32 PROTECTION OF EXISTING FACILITIES

1.33 PLANT LAYOUT DRAWINGS

1.34 CONTRACT AREA AND TRESPASSING

1.35 COORDINATION WITH OTHER CONTRACTORS

1.36 UNDERWATER DIVING OPERATIONS

1.37 ENVIRONMENTAL SENSITIVE AREA

1.38 CONTRACT DRAWINGS AND SPECIFICATIONS

SECTION 01 10 00.10 38 Page 1

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

DREDGING / CONSTRUCTION

08/18

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. DEPARTMENT OF TRANSPORTATION (DOT)

DOT US Department of Transportation

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

ER 1-1-11 (1995) Administration -- Progress, Schedules, and Network Analysis Systems

ER 1110-1-5 Plant Pest Quarantined Area and Foreign

ER 415-1-15 Construction Time Extensions for Weather

1.2 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 -

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

SECTION 01 10 00.10 38 Page 3 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)

1.3 SUBMITTALS

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

submittals not having a "G" designation are for Contractor Quality Control approval. Submittals with an "S" are for inclusion in the Sustainability Notebook, in conformance to Section 01 33 29 SUSTAINABILITY REPORTING.

Submit the following 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

Certificate of Insurance

Within 24 hours of conclusion of physical tests, electronic copies of test results including calibration curves and results of calibration tests shall be submitted in RMS.

Accident Prevention Plan; G, A

Environmental Protection Plan; G, A

SD-03 Product Data

WORK PLAN

PROGRESS SCHEDULE

SD-07 Certificates

U.S. Coast Guard Certification

Completion of Corps CQC Course

Letter Appointing Superintendent

Qualifications of the commercial testing laboratory or Contractor's testing laboratory/facilities G, A

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

ER 415-1-15 dtd 31 OCT 89

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the

SECTION 01 10 00.10 38 Page 4

Contracting Officer to award a time extension under this clause, the following conditions must be found to be satisfied in the sole discretion of the Contracting Officer:

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

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 6 7 5 6 7 10 9 7 4 8 9

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will 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.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (2), above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

(End of Clause)

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under the 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.

(End of Clause)

SECTION 01 10 00.10 38 Page 5

1.6 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)

1.7 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 roadway and/or foundation 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.

(End of Clause)

1.8 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.

SECTION 01 10 00.10 38 Page 6

1.9 NAVIGATION AIDS

There may be aids to navigation within the project boundaries. Some, or all, of such aids to navigation may need to be removed for the accomplishment of the contract work. Before the commencement of dredging, it is the responsibility of the Contractor 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 may need to bring vessels from out of state to move larger aids to navigation and the Contractor should request this service as soon as practicable, but in all cases, at least 5 weeks from the start of dredging. 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. Failure to notify the Coast Guard within the required timeframe may result in project delays.

The Contractor shall not remove, change the location of, obstruct, willfully damage, make fast to, or interfere with aids to navigation without express direction from the USCG. If the USCG determines they cannot respond to the Contractor's request, the USCG may request the Contractor to relocate the navigation aid(s) for dredging. The Contractor shall only relocate the navigation aid(s) and/or place the navigation aid(s) back to its charted position under the direct supervision of the

USCG.

The USCG point of contact is the USCG North Carolina Aids to Navigation Officer at (252)-247-4525, or alternately, Sector North Carolina Waterways Management at (910) 772-2230.

1.10 SEAGOING BARGE ACT

(1979 OCE)

The Seagoing Barge Act (46 U.S.C. et sq.) applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with the Act, the low bidder shall within ten (10) calendar days after bid opening submit a copy of said certificate to the Contracting Officer or his/her designated representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of nonresponsibility.

(End of Clause)

1.11 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)

1.12 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or, if the

SECTION 01 10 00.10 38 Page 7 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 contract rate for (example: Unclassified Excavation, Anchorage Basin). 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)

1.13 WORK PLAN

The Contractor shall submit a detailed work plan outlining the Contractor's proposed methods for the execution of all work under this contract. The work plan shall include a schedule that indicates the anticipated time frame to accomplish each definable feature of work within the time specified in the contract. The work plan shall provide an overall program for management of this project consisting of the following required plans:

a. The specific resources and equipment proposed for each definable feature of construction/dredging required by the contract. The Contractor shall describe and document all equipment proposed to demonstrate ability to perform the work in accordance with the proposed schedule, and shall include as a minimum the following information:

Dredges :

- Identification of the Dredge

- Total Horsepower and distribution

- Size of Suction and Discharge Lines

- Associated booster/pipeline equipment

- Estimated Pipeline Length(s) and Location(s) of booster pumps for this contract

- Scow Capacity in cubic yards

- Present location and condition

- Dredge Operation Reports for rock under comparable operating conditions. In addition, submit monthly summaries, to include daily rock

SECTION 01 10 00.10 38 Page 8 production rates from these reports in cubic yards per day

- Dredge Operation Reports for non-rock under comparable operating conditions. In addition, submit monthly summaries, to include daily non-rock production rates from these reports in cubic yards per day

- Existing commitments of this equipment to other projects scheduled during the proposed contract duration

Other accompanying vessels and plant:

- Identification of the vessels

- HP/ capacity (as appropriate)

- Existing commitments of this equipment to other projects scheduled during the proposed contract duration

b. A communications plan as required in Section 35 20 23 of the specifications.

c. A dredging plan as required in Section 35 20 23 of the specifications.

d. A dredged material disposal plan as required in Section 35 20 23 of the specifications.

e. A traffic control plan as required in Section 35 20 23 of the specifications.

f. An accident prevention plan (APP) as required in Section 01 35 26 of the specifications.

The offered performance schedule will be incorporated into the contract and will become the required performance period for all contract purposes including assessment of liquidated damages.

1.14 PROGRESS SCHEDULE

Pursuant to the Contract Clause FAR 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS, a project schedule as described in this paragraph PROGRESS SCHEDULE shall be prepared and submitted. The Contractor shall provide the project schedule in the Precedence Diagram Method (PDM) using the Standard Data Exchange Format (SDEF). The project schedule shall be used to measure progress of the work, to evaluate potential time extensions and to provide a basis for all progress payments. It shall be in sufficient detail to properly monitor and manage the work and as a minimum shall include the following:

a. the work shall be divided into activities by acceptance section and phase of work (e.g. preconstruction structure and property condition surveys, blasting, dredging)

b. separate activities shall reflect each mobilization and demobilization of each major plant

c. activities shall be identified by associated bid item

d. all required and proposed submissions shall be included in the

SECTION 01 10 00.10 38 Page 9 progress schedule

e. Government and other agency activities that could impact progress shall be shown (e.g. Government surveys, navigation aid relocations, etc.)

The schedule shall extend from NTP to the established contract completion date.

The initial progress schedule shall be included with the solicitation proposal and demonstrate that the proposed plant and resources are capable of performing the work as scheduled. Periodic schedule updates shall be provided monthly with each payment request, and whenever there is a change in logic or time extension. Each submission shall include the data disks containing the project schedule adhering to the SDEF format specified in ER 1-1-11, Appendix A; the earnings report indicating monthly and cumulative earnings; a narrative report with a description of the activities identifying the critical path(s), current or anticipated problems of delays and their impact, and proposed corrective actions; and the schedule reports containing activity number, activity description, original duration, remaining duration, early start date, early finish date, late start date, late finish date and total float. The schedule reports shall be sorted as activity report, logic report listing preceding and succeeding activities for each activity, total float report listed in ascending order by early state date, early state sort and earning report.

A network diagram shall be submitted with the initial submission and each update. The network diagram shall depict the order, sequence and interdependence of activities, shall clearly indicate milestone dates and projected early and late earnings.

1.15 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)

1.16 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

SECTION 01 10 00.10 38 Page 10 to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

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

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

(c) Subcontracting plans are not required--

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

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

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

(End of Clause)

1.17 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

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

Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply.

Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(End of Clause)

1.18 CONTRACTOR-PREPARED NETWORK ANALYSIS SYSTEM

(APR 1968)

The progress chart to be prepared by the Contractor pursuant to the Contract Clause entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS" shall consist of a network analysis system as described below. In preparing this system the scheduling of construction is the responsibility of the Contractor. The requirement for the system is included to assure adequate planning and execution of the work and to assist the Contracting Officer or his/her designated representative in appraising the reasonableness of the proposed schedule and evaluating progress of the work.

SECTION 01 10 00.10 38 Page 11

(a) An example of one of the numerous acceptable types of network and analysis systems is shown in Appendix A of the Corps of Engineers Regulation ER 1-1-11 , single copies of which are available to bona fide bidders on request. Other systems which are designed to serve the same purpose and employ the same basic principles as are illustrated in Appendix A will be accepted subject to the approval of the Contracting Officer or his/her designated representative.

(b) The system shall consist of diagrams and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and the entire project in summary.

(1) Diagrams shall show the order and interdependence of activities and the sequence in which the work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram will be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities.

(2) Detailed network activities shown on a detailed or sub-network diagram shall include, in addition to construction activities, the submittal and approval of samples of materials and shop drawings, the procurement of critical materials and equipment, fabrication of special material and equipment and their installation and testing. All activities of the Government that affect progress, and contract required dates for completion of all or parts of the work will be shown. The detail of information shall be such that duration times of activities will range from three (3) to thirty (30) days with not over two percent (2%) of the activities exceeding these limits. The activities which comprise the following separate buildings and features shall be separately identifiable by coding or use of sub-networks or both:

Building or feature Minimum number of activities

The selection and number of activities shall be subject to the Contracting Officer or his/her designated representative's approval. Detailed networks, when summary networks are also furnished, need not be time scaled but shall be drafted to show a continuous flow from left to right with no arrows from right to left. The following information shall be shown on the diagrams for each activity: preceding and following event numbers, description of the activity, cost, and activity duration.

(3) Summary Network. If the project is of such size that the entire network cannot be readily shown on a single sheet, a summary network diagram shall be provided. The summary network diagram shall consist of a minimum of fifty activities and a maximum of one hundred and fifty activities, and shall be based on and supported by detailed diagrams. Related activities shall be grouped on the network. The critical path shall be plotted generally along the center of the sheet with channels with increasing float placed towards the top or bottom. The summary network shall be time scaled using units of approximately one-half inch equals one week or other suitable scale approved by the Contracting Officer or his/her designated representative. Weekends and holidays shall be indicated. Where slack exists, the activities shall be shown at the time when they are scheduled to be accomplished.

(4) The mathematical analysis of the network diagram shall include a tabulation of each activity shown on the detailed network

SECTION 01 10 00.10 38 Page 12 diagrams. The following information will be furnished as a minimum for each activity:

(i) preceding and following event numbers (numbers shall be selected and assigned so as to permit identification of the activities with bid items);

(ii) activity description;

(iii) estimated duration of activities (the best estimate available at time of computation);

(iv) earliest start date (by calendar date);

(v) earliest finish date (by calendar date);

(vi) scheduled or actual start date (by calendar date);

(vii) scheduled or actual finish date (by calendar date);

(viii) latest start date (by calendar date);

(ix) latest finish date (by calendar date);

(x) slack or float;

(xi) monetary value of activity;

(xii) responsibility for activity (Prime Contractor, subcontractors, suppliers, Government, etc.);

(xiii) manpower required;

(xiv) percentage of activity completed;

(xv) Contractor's earnings based on portion of activity completed; and

(xvi) bid item of which activity is a part.

(5) The program or means used in making the mathematical computation shall be capable of compiling the total value of completed and partially completed activities and subtotals from separate buildings or feature listed in paragraph (b)(2).

(6) In addition to the tabulation of activities, the computation will include the following data:

(i) identification of activities which are planned to be expedited by use of overtime or double shifts to be worked including Saturdays, Sundays and holidays;

(ii) on-site manpower loading schedule;

(iii) a description of the major items of construction equipment planned for operations of the project. (The description shall include the type, number of units and unit capacities. A schedule showing proposed time equipment will be on the job keyed to activities on which equipment will be used shall be provided); and

SECTION 01 10 00.10 38 Page 13

(iv) where portions of the work are to be paid by unit costs, the estimated number of units in an activity which was used in developing the total activity cost.

(7) The analysis shall list the activities in sorts or groups as follows:

(i) by the preceding event number from lowest to highest and then in the order of the following event number;

(ii) by the amount of slack, then in order of preceding event number;

(iii) by responsibility in order of earliest allowable start dates; and

(iv) in order of latest allowable start dates, then in order of preceding event numbers, and then in order of succeeding event numbers.

(c) Submission and approval of the system shall be as follows:

(1) A preliminary network defining the Contractor's planned operations during the first sixty (60) calendar days after receipt of Notice to Proceed will be submitted within ten (10) days. The Contractor's general approach for the balance of the project shall be indicated. Cost of activities expected to be completed or partially completed before submission and approval of the whole schedule should be included.

(2) The complete network analysis consisting of the detailed network mathematical analysis (on-site manpower loading schedule, equipment schedule) and network diagrams shall be submitted within forty

(40) calendar days after receipt of Notice to Proceed.

(d) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Contracting Officer or his/her designated representative. Any revisions necessary as a result of this review shall be resubmitted for approval of the Contracting Officer or his/her designated representative within ten (10) calendar days after the conference. The approved schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the work and for reporting progress. If the Contractor thereafter desires to make changes in his method of operating and scheduling he shall notify the Contracting Officer or his/her designated representative in writing stating the reasons for the change. If the Contracting Officer or his/her designated representative considers these changes to be of a major nature he may require the Contractor to revise and submit for approval, without additional cost to the Government, all or the affected portion of the detailed diagrams and mathematical analysis and the summary diagram to show the effect on the entire project. A change may be considered of a major nature if the time estimated to be required or actually used for an activity or the logic of sequence of activities is varied from the original plan to a degree that there is a reasonable doubt as to the effect on the contract completion date or dates. Changes which affect activities with adequate slack time shall be considered as minor changes, except that an accumulation of minor changes may be considered a major change when their cumulative effect might affect the contract completion

SECTION 01 10 00.10 38 Page 14 date.

(e) The Contractor shall submit at intervals of fifteen (15) calendar days a report of the actual construction progress by updating the mathematical analyses. Revisions causing changes in the detailed network shall be noted on the summary network, or a revised issue of affected portions of the detailed network furnished. The summary network shall be revised as necessary for the sake of clarity. However, only the initial submission or completed revisions need be time scaled. Subsequent minor revisions need not be time scaled.

(f) The report shall show the activities or portions of activities completed during the reporting period and their total value as basis for the Contractor's periodic request for payment. Payment made pursuant to the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS" will be based on the total value of such activities completed or partially completed after verification by the Contracting Officer or his/her designated representative. The report will state the percentage of the work actually completed and scheduled as of the report date and the progress along the critical path in terms of days ahead or behind the allowable dates. If the project is behind schedule, progress along other paths with negative slack shall also be reported. The Contractor shall also submit a narrative report with the updated analysis which shall include but not be limited to a description of the problem areas, current and anticipated, delaying factors and their impact, and an explanation of corrective actions taken or proposed.

(g) Sheet size of diagrams shall be 30 by 42 inches. Each updated copy shall show a date of the latest revision.

(h) Initial submittal and complete revisions shall be submitted in three (3) copies.

(i) Periodic reports shall be submitted in two (2) copies.

(End of Clause)

1.19 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer's Representative shall be required to attend a preconstruction meeting (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's 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)

SECTION 01 10 00.10 38 Page 15

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's Representative to all in attendance.

(End of Clause)

1.20 ADVANCE NOTICE REQUIREMENT

The Contractor shall provide the Contracting Officer no less than 15 days advance written notice of the date it plans to arrive at each work area and any subsequent remobilizations for any acceptance sections, if applicable, in order that before-dredging surveys can be performed in advance of the Contractor's dredging operations.

1.21 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.

(End of Clause) 1.22 ACCEPTANCE

(a) Partial Acceptance: If at any time during the prosecution of the project the Contractor completes a portion of the project, such as a bench cut, in its entirety, he may ask the Contracting Officer or his/her designated representative to make final inspection of such work. If the Contracting Officer or his/her designated representative finds upon inspection that the work conforms to the requirements of the Contract and that acceptance is in the interest of the Government, he may accept the work as being completed, and the Contractor will be relieved of further responsibility for the work, except as noted in paragraph FINAL AND CONDITIONAL ACCEPTANCE OF SEEDED PLANTING and as specified in paragraph Contractor's Responsibility for Work . Partial acceptance shall in no way void or alter any terms of the Contract.

If any damage attributable to causes beyond the control of the Contractor is sustained by the accepted section or portion of the project, the Contracting Officer or his/her designated representative may authorize the Contractor to make necessary repairs as a change to the contract.

SECTION 01 10 00.10 38 Page 16

(b) Final Acceptance: Upon receipt of a written notice from the Contractor of presumptive completion of the entire project, the Contracting Officer Representative will make an inspection. If all work specified in the Contract has been completed, the inspection will constitute the final inspection and the Contracting Officer or his/her designated representative will make the final acceptance. The Contractor will be notified of final acceptance in writing within 5 days.

If the inspection discloses that any work, in whole or in part, is incomplete or unacceptable, the Contractor shall immediately correct the deficiency. Upon completion or correction of the work, another inspection will be made that will constitute the final inspection. In such event, the Contracting Officer or his/her designated representative will make the final acceptance and the Contractor will be notified of final acceptance in writing within 5 days. In any event, the Contractor shall maintain the project until final acceptance except under conditions that may be specifically exempted.

(End of Clause)

1.23 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

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

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

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

(3) Rodman and chainman. At least one rodman and one chainman, with a minimum of six months prior experience each, shall be assigned to each survey part.

(4) 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.

(b) Original and final cross sections. Original ground surveys shall be taken prior to any earth moving operations. Final-in-place cross sections shall be taken after grading has been accomplished to the lines and grades required by the plans and specifications. All original and final cross sections made for payment purposes shall be taken on an interval not to exceed 100 feet. The Contractor shall provide original cross sections to the Contracting Officer or his/her designated representative a minimum of 7 days prior to commencement of earth moving

SECTION 01 10 00.10 38 Page 17 operations. Final as-built cross sections shall be provided to the Contracting Officer or his/her designated representative upon completion of work.

(1) Deliverables. The Contractor shall provide ASCII data files containing tab delimited, x,y,z coordinates, point numbers, feature descriptions, etc., for the cross sections, break lines, and spot elevations that were surveyed. Additionally, the Contractor shall provide tab delimited ASCII files of xyz random points data and tab delimited ASCII file of x, y, z, per order breakline point data. The Contractor shall perform adequate quality control to assure there are neither redundant points between the random point file and break line file nor conflicting information between these files.