A21 - W912PM22B0017_Amendment 1 With Summary of Changes.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

The purpose of this amendment is to:

A) Updated Optional Bid Item 01, CLIN 0006A, quantity from 10,000 cubic yards to 50,000 cubic yards.

B) See Summary of Changes.

All other terms and conditions are unchanged.

/////////////////////////////LAST ITEM////////////////////////////////////

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 24-Jun-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 W912PM22B0017

X 9B. DATED (SEE ITEM 11)

02-Jun-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 is extended, X is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

24-Jun-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:

W912PM22B0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

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

SUBCLIN 0006AA

The pricing detail quantity has increased by 40,000.00 from 10,000.00 to 50,000.00.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

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

(2) The small business size standard is $30,000,000.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

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

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

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

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

X (ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following Delivery Schedule item for SUBCLIN 0006AA has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

30-JUN-2023 10,000 COASTAL RESIDENT OFFICE

ISABELLE E RICO

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464 FOB: Destination

W912PM

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

30-JUN-2023 50,000 COASTAL RESIDENT OFFICE

ISABELLE E RICO

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464 FOB: Destination

W912PM

(End of Summary of Changes)

Solicitation # W912PM21B0017 Project Title – FY23 MOTSU Maintenance Dredging Amendment No. 001 Date: 22-JUNE-2022

TECHNICAL SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS. Attached hereto are [new, revised and deleted] sections to the specifications. Revision mark “***Amdt001***” is shown on each revised page.

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

Changes to text are indicated by underline and/or strike-through.

35 20 23 DREDGING

o Attachments

Attachment 1 – Quantity Summary Dredging, Approach Channel Middle Entrance (Optional Bid Item) o Quantity increased from 10,000 CY to 50,000 CY

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 Sheet Description Mark/Description

CN104 Approach Channel Middle Entrance (Optional Bid Item) AMD001 - Updated Dredge Box

CN106 MOTSU Maintenance Dredging Placement Zone AMD001 – Updated Survey

…end of summary…

Solicitation No. W912PM22B0017 Contract No. W912PM22XXXXXX

Maintenance Dredging, Military Ocean Terminal (MOTSU), Sunny Point Brunswick County, North Carolina

This project was designed by the Wilmington District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

Amendment 001 Specifications

22-JUNE-2022

Maintenance Dredging MOTSU FY23 MOTSUDREDGING23

RTA

PROJECT TABLE OF CONTENTS

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

00 01 15 02/11 LIST OF DRAWINGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00.10 38 1/17 SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS

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 11/14 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 11/15, CHG 5: 08/21 TEMPORARY ENVIRONMENTAL CONTROLS

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

35 20 23 04/06 DREDGING

35 20 23.13 02/22 NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM - SCOW MONITORING PROFILE

-- 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

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

1.3 SUPPLEMENTARY DRAWINGS

1.3.1 Reference Drawings

ATTACHMENTS:

Attachment 1 - Index of Drawings

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

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 indicated 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 Reference Drawings

The Attached 1 list of reference drawings are intended only to show the original conditions. Drawings are the property of the Government and shall not be used for any purpose other than that intended by the contract.

-- End of Document --

DOCUMENT 00 01 15 Page 2

ATTACHMENT 1 – Index of Drawings

Sheet No. Description

G001 COVER SHEET

GI001 INDEX OF DRAWINGS, PROJECT LOCATION, OVERVIEW AND DISPOSAL AREA

CN100 MILITARY OCEAN TERMINAL AREAS TO BE DREDGED & SHEET LAYOUT

CN101 APPROACH CHANNEL SOUTH ENTRANCE

CN102

SOUTH WHARF TURNING BASIN AND APPROACH CHANNEL SOUTH TO CENTER

WHARF

CN103 CENTER WHARF TURNING BASIN

CN104 APPROACH CHANNEL MIDDLE ENTRANCE (OPTIONAL BID ITEM)

CN105 WILMINGTON OCEAN DREDGED MATERIAL DISPOSAL SITE PLACEMENT ZONE

CN106 MOTSU MAINTENANCE DREDGING PLACEMENT ZONE

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

1/17

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 EMPLOYEE IDENTIFICATION AND SECURITY

1.3.1 Background Checks

1.3.2 Employee Identification

1.3.3 Employee Information Update

1.3.4 Vehicle Usage

1.3.5 Protection of Plant and Personnel

1.3.6 Coordination Meeting

1.3.7 Security Training

1.3.8 Completion of Security Training

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 PARTNERING

1.19 NOTICE TO MARINERS

1.20 PROTECTION OF EXISTING FACILITIES

1.21 PRECONSTRUCTION VIDEO SURVEY

1.22 WATER CONSERVATION

1.23 COORDINATION WITH OTHER CONTRACTORS

1.24 SEAGOING BARGE ACT

1.25 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

ATTACHMENTS:

Attachment 1 - IWATCH Training and Active Shooter Training

SECTION 01 10 00.10 38 Page 1

Attachment 2 - MOTSU Security

SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

1/17

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

1.2 SUBMITTALS

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

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

Quality Control Plan; GA

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

1.3 EMPLOYEE IDENTIFICATION AND SECURITY

1.3.1 Background Checks

Contractors are responsible for submitting background checks for all employees at the county courthouse in Bolivia, North Carolina, Brunswick County or county of their residence. The clearance process will require at least 3 days. The Contractor shall start this process within 2 days after award. The background checks will be provided to the Chief, Installation Security Activity, who will issue identification badges to employees whose clearance meets requirements for admission. MOTSU Security point of contact is Mr. Ron Waidlich, (910) 457-8559. The Contractor shall comply

SECTION 01 10 00.10 38 Page 3 with the applicable provisions of Safety and Occupational Health Requirements, with exception of accident reporting which shall be in accordance with contract specifications.

1.3.2 Employee Identification

Within 2 days after award, the Contractor shall furnish the Contracting Officer, names, copy of driver's license, and vehicular tag numbers of each employee that will be working on this contract. The Contractor shall require employees to display identification when requested.

1.3.3 Employee Information Update

If, there are any changes in the information required by the previous subparagraph, prior to completion of work, the Contractor shall promptly furnish updated information to the Contracting Officer.

1.3.4 Vehicle Usage

The Contractor's personnel shall not drive privately owned vehicles to the work site without the approval of the Contracting Officer. The Contractor shall provide transportation to and from the work site.

1.3.5 Protection of Plant and Personnel

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

1.3.6 Coordination Meeting

The Contracting Officer will arrange an initial coordination meeting between the Contractor and MOTSU which will be held before the Contractor begins work. When work begins, the Contractor shall coordinate all activities with the designated MOTSU personnel on a day to day basis.

1.3.7 Security Training

Contractor employees assigned to perform work under this contract at MOTSU shall attend/complete the following training within thirty (30) days of contract start, when applicable, as prescribed by DOD, Army and SDDC Regulations: Employee Initial Security Briefing, Operations Security (OPSEC), Threat Awareness and Reporting Program (TARP), DOD Antiterrorism Level 1 Training, Active Shooter, iWATCH Training, and Workplace Violence Training. This also includes Information Assurance (IA) Training required for specific computing platforms and applications. All Security training, to include Annual Security Awareness Training, is required annually.

Training will be facilitated by the MOTSU Security Specialists.

NOTE:

iWATCH Training and Active Shooter Training are the minimum security training requirements. MOTSU will provide literature to contractor for self-performance of training. See Attachment 1 - IWATCH Training and Active Shooter Training and Attachment 2 - MOTSU Security.

1.3.8 Completion of Security Training

Contractor employees will report training completion to the Contracting

SECTION 01 10 00.10 38 Page 4

Officer or his/her authorized representative.

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 or his/her designated representative 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 or his/her designated representative:

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on wave height information collected by the U.S. Army Corps of Engineers wave gage located 11 miles offshore of the Cape Fear River entrance. This gage has been in operation over the period 2000 - 2009. The table is based on the average number of days each month during which waves exceeded a height of 5 feet. This level will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule shall reflect these anticipated adverse weather and/or sea conditions delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER AND/OR SEA CONDITIONS DELAYS (DAYS)

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

5 5 7 3 3 1 1 1 5 2 5 7

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

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

(End of Clause)

SECTION 01 10 00.10 38 Page 5

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.

(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)

SECTION 01 10 00.10 38 Page 6

(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 furnish, on the request of the Contracting Officer or his/her designated representative, suitable transportation from all points on shore designated by the Contracting Officer or his/her designated representative to and from the various pieces of plant, and to and from all work locations. The transportation, if by boat, must comply with the requirements of paragraph 19.F of USACE EM 385-1-1 . Should the Contractor refuse, neglect, or delay compliance with this requirement, a vessel may be furnished and maintained by the Contracting Officer or his/her designated representative and the cost thereof will be deducted from any amounts due or to become due the Contractor.

(End of Clause)

1.9 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. Bed leveling by dragging the bottom with a drag bar or other device will not be allowed. 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, SECTION 01 10 00.10 38 Page 7 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 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

SECTION 01 10 00.10 38 Page 8

Disadvantaged Business Concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L. 95-507 and which are within the scope of the contract.

(End of Clause)

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

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

(End of Clause)

1.13 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.

SECTION 01 10 00.10 38 Page 9

1.14 PLANT

(a) The Contractor agrees to keep on the job sufficient plant to meet the requirements of the work. The plant shall be in satisfactory operating condition, and capable of safely and efficiently performing the work as set forth in these specifications, and the plant shall be subject to inspection by the Contracting Officer or his/her designated representative at all times. The plant listed on the Plant and Equipment Schedule, Section 00 45 00, contract clause 52.0000-4036, is the minimum which the Contractor agrees to place on the job unless otherwise determined by the Contracting Officer or his/her designated representative, and its listing thereon is not to be construed as an agreement on the part of the Government that it is adequate for the performance of the work.

(b) Dredging of the MOTSU Basins and channels shall be by mechanical dredge (clamshell, dragline or dipper.

(c) All scows shall be kept in good condition, the coamings repaired and the pockets provided with proper doors or appliances to prevent leakage of material.

(d) No reduction in the capacity of the plant employed on the work shall be made except by written permission of the Contracting Officer or his/her designated representative. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply.

(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.

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 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

SECTION 01 10 00.10 38 Page 10 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)

1.18 PARTNERING

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

(End of Clause)

1.19 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.

(End of Clause)

1.20 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

SECTION 01 10 00.10 38 Page 11 event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be reviewed and approved by the Contracting Officer or his/her designated representative prior to their alteration.

(End of Clause)

1.21 PRECONSTRUCTION VIDEO SURVEY

The Contractor shall perform an audio-video survey of the existing MOTSU structures (security barrier, fenders, wharves, Security Boat Basin Dock, etc.) and each project site area that will be utilized or disturbed by the Contractor's operations. The Contractor shall coordinate with the Contracting Officer or his/her designated representative to perform the audio-video survey at least 10 days prior to any plant and equipment mobilization and prior to the commencement of any dredging operations. The audio-video survey shall be performed in the presence of the Contracting Officer's Representative. At the start of each video recording segment, an identification summary shall be read into the record simultaneously with a wide-angle view with digital information. The identification summary shall include the following: Contract number, Contractor's name, Date and time.

The Contractor shall submit one (1) DVD to the Government for format and content approval prior to the start of any work. Payment for the video shall be included in the mobilization and demobilization CLIN. Prior to performing the audio-video survey the Contractor shall obtain a camera pass from MOTSU Security. MOTSU Security point of contact information is provided in paragraph Employee Identification and Security. The camera pass shall accompany the camera at all times.

1.22 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.

(End of Clause)

1.23 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.

(End of Clause)

1.24 SEAGOING BARGE ACT

(1979 OCE)

SECTION 01 10 00.10 38 Page 12

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

(End of Clause)

1.25 CONTRACT DRAWINGS AND SPECIFICATIONS

(AUG 2000)

(a) The Government will provide to the Contractor, without charge, two (2) CD's three (3) sets of full-size contract drawings, (2) sets of half-size contract drawings and five (5) sets of contract specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer or his/her designated representative.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer or his/her designated representative of any discrepancies;

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

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

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings;

and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified in Section 00 01 15 LIST OF DRAWINGS.

SECTION 01 10 00.10 38 Page 13

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

-- End of Section --

SECTION 01 10 00.10 38 Page 14

Attachment 1

IWATCH Training and Active Shooter Training

Attachment 2

MOTSU Security

SECURITY (PHYSICAL, PERSONNEL, INFORMATION, OPERATION, INDUSTRIAL

SECURITY, AND ANTITERRORISM / FORCE PROTECTION) REQUIREMENTS

1. Search, Inspection, and Seizure: All vehicles, personnel, and hand-carried items, entering or exiting any installation control point, or while on the installation, are subject to search and inspection and seizure of any prohibited item, at any time. Random, unannounced, and regular searches and inspections will be conducted. These searches and inspections are intended to assure prohibited articles are not introduced into, and government property is not removed from the installation or its facilities.

2. Parking: Parking of the Contractor’s vehicles shall be restricted to the area of work. The company name shall be prominently displayed on all construction vehicles parked where work is being accomplished.

3. Driver’s Licenses: All persons entering or working on MOTSU shall possess a…