20 REQUIRED INSURANCE - SFD OM 1180-1-1 00800-18 DR 1180-1-8 (1977 JAN):

21 SUBMITTALS SCHEDULE: ER 415-1-10 DTL 1110-4 00800-19



DACW07-95-C-0003 i


The Contractor shall be required to (a) commence work under this contract within three (3) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and complete the entire work ready for use not later than eight hundred and forty (840) calendar days after the date of receipt by him of Notice To Proceed provided, that should the total quantity of material to be paid actually removed under the contract exceed the limit established in the Special Clause "VARIATIONS IN ESTIMATED OUANTITIES - DREDGING", additional time will be allowed at the rate of one (1) calendar day for each 8,000 cubic yards in excess of the established limit. The time stated for completion shall include final cleanup of the premises. (End of clause) (R 7-602.44(a) 1965 JAN) 2 52.212-5 LIQUIDATED DAMAGES--CONSTRUCTION (APR 1984)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $5,600.00 for each day of delay. (b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (End of clause) (R 7-602.5 1969 AUG) (R 1-18.110(a)) (R 7-603.39 1965 JAN) (R 1-8.709-1) 3 52.222.23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984)

(a) The offeror's attention is called to the Equal Opportunity clause DACW07-95-C-0003 00800-1

and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the ContractorBs aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation | Goals for female participation for for each trade | each trade 25.6X Alameda County 6.9% 25.6% San Francisco County 6.9% 9.1% Sonoma County 6.9% These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area Iocated outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractorts compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Director, Office of Federal Contract Conpliance Programs, within 10 working days following award of any construction subcontract in excess of S10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-- (1) Name, aW ress, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; DACW07-95-C-0003 00800-2

(3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (S) Geographical area in which the subcontract is to be performed. (e) As used in this Notice and in any contract resulting from this solicitation the covered area is Alameda San Francisco and Sonoma Counties California. (End of provision) (R 7-2003.14(d) 1978 SEP) 4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site and with its own organization work equivalent to at least forty (40) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if during performing the work the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause) (R 7-603.15 1965 JAN) (R 1-18.104) 5 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys. Maintenance material consists of soft to very soft silty clay and loose sands. Reference is made to Paragraph SITE CONDITIONS in Section DREDGING . (b) Weather conditions : The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions. Complete weather records and reports for this area may be obtained from the National Weather Service. (c) Transportation facilities : The Contractor shall make his own investigation of the conditions of existing public and private roads and of clearances restrictions bridge load limits and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of DACW07-95-C-0003 00800-3

transporation facilities or limitations thereon shall not become a basis for claims against the Government or extension of time for completion of the work (d) Predicted Tide: Information regarding predicted tidal stages and their effects on the water surface elevations in San Francisco Bay is contained in the Government Publication entitled TIDE TABLES, WEST COAST OF NORTH AND SOUTH AMERICA (INCLUDING THE HAWAIIAN ISLANDS), prepared each year by the U.S. Department of Commerce, National Ocean Service. These tables are for sale by the National Ocean Service, Rockville, MD 20852, and are available for inspection at Room 923, U.S. Army Engineer District, San Francisco, 211 Main Street, San Francisco, California 94105. (e) Artificial Obstructions: Except as indicated or as described herein, the Government has no knonledge of the existence of sirecks, wreckage, or other artificial obstructions, and material of such size or character as to necessitate the use of explosives and/or the employment of special or additional plant for its economical removal. In case the actual conditions differ from those stated and/or shown, an adjustment in the contract price and/or time for completion will be made in the manner provided in the contract. (f) Channel Traffic: Vessel traffic consists of all types of vessels, including commercial fishing crafts and recreational motorboats and sailboats. The upbound and downbound vessel traffic for the year 1990, exclusive of commercial fishing and recreational crafts, was as tabulated SELP-PROPELLED: UPBOUND: DOUNBWND: Passenger and Cargo 45234514 Tanker................... 405......................... 406 Tugboat or ToWboat.1927 2546 NON-SELF-PROPELLED: UPBWND: DOWNBWND: Dry Cargo..........363 375 (End of clause) (R 7-603.25 1965 JAN) 6 52.236-16 I QUANTITY SURVEYS (APR 1984)--ALTERNATE I (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived fran these surveys shall be used in cr,nsuting the quantities of work performed and the actual construction crmpleted and in place. (b) The Contractor shall conduct the original and final surveys and DACW07-95-C-0003 00800-4

surveys for any periods for which progress payments are requested. All these surveys shall be corlducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested. (c) Promptly upon completing a survey, the Contractor shalL furnish the originals of all field notes and all other records reLating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer. (End of clause) (R 7-603.50(a) 1979 MAR) (R 7-603.50(b) 1979 MAR) 7 252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (DEC 1991)

(a) The Government-- (1) Will provide the Contractor, without charge, five (5) sets (five unless otherwise specified) of large-scale contract drawings and specifications except publications incorporated into the technical provisions by reference; (2) Will furnish additional sets on request, for the cost of reproduction; and (3) May, at its option, furnish the Contractor one set of reproducibles, or half-size drawings, in lieu of the drawings in paragraph (a)(1) of this clause. (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 of any discrepancies; and (4) Be responsible for any errors which might have been avoided by complying with this paragraph (b). (c) Large scale drawings shall, in general, govern small scale drawings. Figures marked on drawings shall, in general, be followed in preference to scale measurements. (d) Omissions from the drawings or specifications or the misdescription DACW07-95-C-0003 00800-5

of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but shall be performed 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 on the following index of drawings: Title File Drawing No. Vicinity Map, Schedule of Drawings and Dredging Plan 2-1-189 1 Dredging Plan 2-1-189 2 Dredging Plan 2-1-189 3 Dredging Plan 2-1-189 4 Dredging Plan 2-1-189 5 Dredging Plan 2-1-189 6 Turning Basin Plan 7 Navy Sewer Relocation Plan 2-1-189 8 Oakland Bank 2-1-189 9 Alameda Bank 2-1-189 10 Details and Sections 2-1-189 11 Soil Boring Locations and Logs 2-1-189 12 Polygon Plan & Material Volumes 2-1-189 13 Tables and Volumes 2-1-189 14 Disposal Sites 2-1-189 15 Disposal Sites 2-1-189 16 Berth Plan & Sections 2-1-189 17 Berth Plan & Sections 2-1-189 18 Berth Plan & Sections 2-1-189 19 Berth Plan & Sections 2-1-189 20 (End of clause) DACW07-95-C-0003 00800-6


(a) The Contractor shall- (1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation; (2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and (3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed. (b) The Contracting Officer may- (1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and (2) Deduct the cost of removal from any monies due or to become due to the Contractor; or (3) Recover the cost of removal under the Contractor's bond. (c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq.). (End of clause) 9 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the ContractorSs plant and equipment at the contract lump sum price for this item. (1) Eighty (80%) percent of the lump sum price upon completion of the Contractor's mobilization at the work site. (2) The remaining twenty (20%) percent upon completion of demobilization. (b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract. (1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of- (i) Actual mobilization costs at completion of mobilization; DACW07-95-C-0003 00800-7

(ii) Actual demobilization costs at completion of demobilization; and (iii) The remainder of this item in the final payment under this contract. (2) The Contracting Officerts determination of the actual costs in paragraph (b)(1)of this clause is not subject to appeal. (End of clause) 10 52.232-5001 1 CONTINUING CONTRACTS (1985 JAN HQUSACE)

(a) This is a continuing contract, as authorized by Section 10 of the River and Harbor Act of September 22, 1922 (33 U.S. Code 621). The payment of some portion of the contract price is dependent upon reservations of funds from future appropriations. The responsibilities of the Government are limited by this clause notwithstanding any contrary provision of the ~"Payments to Contractor" clause or any other clause of this contract. (b) (1) The sum of S17,000,000. has been reserved for this contract and is available for payments to the Contractor during the current fiscal year. It is expected that Congress will make appropriations for future fiscal years from which aWitional funds will be reserved for this contract. (2) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not entitle the Contractor to a price adjustment under the terms of this contract except as specifically provided in paragraphs (d) and (e) below. No such failure shall constitute a breach of this contract, except that this provision shall not bar a breach-of-contract action if an amount finally determined to be due as a termination allowance remains unpaid for one year due solely to a failure to reserve sufficient additional funds therefore. (c) (1) The Government may at any time reserve additional funds for payments under the contract if there are funds available for such purpose. The Contracting Officer will promptly notify the Contractor in writing of any aWitional funds reserved for the contract. (2) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year, the Contractor DACW07-95-C-0003 00800-8

shall give written notice to the Contracting Officer of the estimated date of exhaustion and the amount of additional funds which will be needed to meet payments due or to become due under the contract during the fiscal year. This notice shall be given not less than 45 nor more than 60 days prior to the estimate date of exhaustion. (d) (1) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract. The Contractor shall be entitled to simple interest on any payment that the Contracting Officer determines was actually earned under the terms of the contract and would have been made except for exhaustion of funds. Interest shall be computed from the time such payment would otherwise have been made until actually or constructively made, and shall be at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41, 85 STAT 97, for the Renegotiation Board, as in effect on the first day of the delay in such payment. (2) Any suspension, delay or interruption of work arising from exhaustion or anticipated exhaustion of funds shall not constitute a breach of this contract and shall not entitle the Contractor to any price adjustment under the "Suspension of Work~8 clause or in any other manner under this contract. (3) An equitable adjustment in performance time shall be made for any increase in the time required for performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds. (e) If, upon expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion funds, the Government has failed to reserve sufficient additional funds to cover payments otherwise due, the Contractor, by written notice delivered to the Contracting Officer at any time before such additional funds are reserved, may elect to treat his right to proceed with the work as having been terminated. Such a termination shall be considered a termination for the convenience of the Government. (f) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to meet all payments due or to become due the Contractor because of work performed and to be performed under the contract during the fiscal year, the Government DACW07-95-C-0003 00800-9

reserves the right, after notice to the Contractor, to reduce said reservation by the amount of such excess. 11 PERFORMANCE AND PAYMENT 80NDS

28.102-2(b) PERFORMANCE AND PAYMENT BONDS tJAN 1988) Within three (3) calendar days after the prescribed forms are presented to the bidder to whom award is made for signature, a written contract on the form prescribed by the specifications shall be executed and two bonds each with good and sufficient surety or sureties acceptable by the Government, furnished; namely a performance bond (Standard Form 25) and a payment bond (Standard Form 25-A). The penal sums of such bonds will be as follows: . (a) Performance Bond: The penal sum of the performance bond shalL equal 100X of the contract price. (b) Payment Bond: (1) When the contract price is S1,000,000 or less, the penal sum will be 50% of the contract price. (2) When the contract price is in excess of S1,000,000 but not more than S5,000,000, the penal sum shall be 40% of the contract price. (3) When the contract price is more than S5,000,000, the penal sum shall be S2,500,000. Any bonds furnished will be furnished by the Contractor to the Government prior to commencement of contract performance. 12 DAVIS-BACON ACT

(Reference SPD R 1180-1-25)(APR 1969) In addition to the immecliate site of construction, the Department of DACW07-95-C-0003 00800-10

Labor has stated that the Davis-Bacon Act applies to Contractor s operations connected with temporary facilities located off the immediate site of construction, such as Contractor disposal areas, if included in the contract, storage and maintenance areas or similar operations which have been set up exclusively for the contract. Therefore, employees related to these temporary facilities are considered on-site employees, and the Contractor shall maintain comp(ete records as set out in Contract Clause: PAYROLLS AND BASIC RECORDS. 13 SAFETY AND HEALTH REQUIREMENTS MANUAL

(Reference SPD R 1180-1-Z6)(AUG 1973) Bidders are advised that they must comply with both EM 385-1-1, Safety and Health Requirements Manual , dated 1 October 1992; and the standards issued pursuant to the Occupational Safety and Health Act of 1970 (OSHA), Public Law 91-596, 91st Congress. It will be the responsibility of the Contractor to be aware of all changes in the OSHA standards and the effective date of such changes which apply during the performance of this contract. 14 PAYMENT FOR LIABILITY INSURANCE

The Port of Oakland is the Non-Federal Sponsor for the Project. The Port of Oakland will share the cost of the project and provide an upland dredge disposal site at the Lew F. Galbraith Golf Course. The Port of Oakland is seeking to have the Contractor furnish the Port of Oakland with Liability Insurance as described below. If the Government includes the option to provide Liability Insurance in the Contract for this project, payment will be made to Contractor after Contractor submits satisfactory proof that the Contractor has taken out, for the term of the work, each occurrence comprehensive general liability insurance and protection indemnity insurance to protect the Contractor and the Port of Oakland against loss from liability imposed by law or damages on account of: DACW07-95-C-0003 00800-11

  1. Bodily injuries, including wrongful death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by Contractor, that may be caused directly or indirectly by Contractor's performance under this contract; and

  2. Injury to or destruction of property, including the resultant loss of use resulting from any act of commission or omission by the Contractor, or otherwise resulting directly or indirectly from Contractor~s operations in the performance under this contract.

Said insurance shall have limits not less than S50,000,000 (Fifty Million and No/100 Dollars) each occurrence combined single limit for bodily injury and property damage, including coverage for underground, explosion and collapse hazards, products and completed operations, contractual liability, independent contractors (OCP), broad form property damage and personal injury, premises operations, ship collision, and sudden-accidental pollution. Contractor shall obtain comprehensive automobile liability coverage, which shaLl include coverage for owned, hired and non-owned motor vehicles, with limits not less than S10,000,000 (Ten Million and No/100 Dollars) each occurrence combined single limit for bodily injury and property damage. Contractor shall obtain worker's compensation insurance with employer's liability limits not less than S5,000,000 (Five Million and No/100 Dollars) each accident. Subrogation waiver in favor of the Port insuring both California Benefits and Federal benefits (including USL & H Jones Act Coverage). For comprehensive general liability insurance and comprehensive automobile liability insurance, all insurance policies shall state: "The City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners and their officers, employees and agents are additional insured by endorsement." Certificates of insurance and endorsement evidencing the coverage set forth above shall be provided to the Port of oakland prior to the commencement of work. DACW07-95-C-0003 00800-12

Payment for the liabiLity insurance will be made by the Port of Oakland if the option is awarded. 15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE. (1989 JUL HQ USACE)

(a) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Goverriment can determine both ownership and operating costs from the contractor s accounting records. When both ownership and operating costs canrst be determined for any piece of equipment or groups of similar serial or series equipment from the contractor s accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region Vll . Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiation shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply. (b) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements wilL be determined using the schedule except that rental costs Leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable. (c) When actual equipment costs are proposed and the total amount of the pricing action is over S25,000, cost or pricing data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover DACW07-95-C-0003 00800-13

Sheet." By submitting cost or pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify the equipment costs or pricing data submitted are accurate, complete and current. 17 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

(a) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the "Suspension of Work" clause of this contract. the period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof. (b) The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally the effect of the work on the environment. 17 CERF IHPLEMENTATION

If the work specified in this contract is performed by a hopper dredge(s), the owner must have an active Basic Ordering Agreement DACW07-95-C-0003 00800-14

(BOA) for the hopper dredgeRs) on file with the Corps. The Contractor shall be obligated to make the hopper dredge(s) available to serve in the Corps of Engineers Reserve Fleet (CERF) at any time that the hopper dredge(s) is performing work under this contract. When the contracting officer is notified of the decision to activate this dredge(s) into the CERF, he shall take appropriate action to release the dredge(s). He may then extend or or terminate the contract to implement whichever action is in the best interest of the Government. the CERF contractor shall also be subject to the following conditions:

  1. The Director of civil Works may require the contractor to perform emergency dredging at another CONUS (48 contiguous states) site for a period of time equal to the remaining time under this contract at the date of notification plus up to ninety (90) days at the previously negotiated rate which appears on the schedule of prices in the BOA.

  2. The chief of Engineers may require the contractor to perform emergency dredging at an OCONUS (Outside CONUS which includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or U.S. Trust Territories) site for a period of time equal to the time remaining under this contract at the date of notification plus up to one hundred eighty (180) days at the negotiated rate which appears on the schedule of prices in the BOA.

  3. The CERF shall be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer will notify the contractor. From the time of notification, the selected hopper dredgeEs) must depart for the emergency assignment within seventy-two (72) hours for CONUS or ten (10) days for OCONUS assignments.

  4. A confirming delivery order will be issued pursuant to the Basic Ordering Agreement (BOA) by the Ordering Contracting Officer. Such delivery order shall utilize the schedule of rates in the BOA for the specific hopper dredgeSs).

  5. If during the time period specified in a, b, or c, above, a CERF vesselEs) is still required, the contract performance may be continued for a Witional time by mutual agreement.

DACW07-95-C-0003 00800-15


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 varies more than fifteen percent (15%) 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 costs due solely to the variations above one- hundred fifteen percent (115%) or below eighty-five percent (85%) 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 overdepth material above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estima- ted quantity. 19 CONTRACTOR QUALITY CONTROL: ER 1180-1-6

The Contractor shalt provide and maintain an effective quality control program that complies with the Contract Clause"lNSPECTION OF CONSTRUCTION". (a) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to applicable specifications and drawings with respect to the interim hydrographic surveys, materials, workmanship, construction, finish, functional performance, and identification. This control will be established for all construction except where the technical clauses of the contract provide for specific Government control by inspection, tests or other means. The Contractor's control system will specifically include the surveillance and tests required in the technical clauses of the contract specifications. All test reports shall be submitted on forms prescribed by the Contracting Officer. (b) The Contractorfs quality control system is the means by which he assures himself that his construction complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations and should be keyed to the proposed DACW07-95-C-0003 00800-16

construction sequence. (c) The Contractor's job supervisory staff may be used for quality control, supplemented as necessary by additional personnel for surveillance, special technicians, or testing facilities to provide capability for the controls required by the technical clauses of the specifications. (d) The Contractor shall furnish to the Government as specified in Section "QUALITY CONTROL", a quality control plan which shall include the procedures, instructions, and reports to be used. This document will include as a minimum: (1) The quality control organization. purpose. (2) Number and qualifications of personnel to be used for this (3) Authority and responsibilities of quality control personnel. (4) Methods of quality control including that for his subcontractor's work. (5) Method of documenting quality control operation, inspection, and testing. (6) A copy of a letter of direction to the Contractor's representative responsible for quality control, outlining his duties and responsibilities, and signed by a responsible officer of the firm. (e) After the contract is awarded and before construction operations are started, the Contractor shall meet with the Contracting Officer, and discuss quality control requirements. The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the system, and the interrelationship of Contractor and Government inspection. (f) Unless specifically authorized by the Contracting Officer, no construction will be started until the Contractor's quality control plan DACW07-95-C-0003 00800-17

is approved. (g) All compliance inspections will be recorded on approved forms (Samples included in Appendixes) including but not limited to the specific items required in each technical section of the specifications. This form to include records of corrective action taken wiLI be furnished to the Government the next working day following the date of the report. (h) If recurring deficiencies in an item or items indicate that the quality control system is not adequate such corrective actions will be taken as directed by the Contracting Officer. 20 REQUIRED INSURANCE - SFD OM 1180-1-1 DR 1180-1-8 (1977 JAN):

(a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance: (1) Either Workmen s Compensation or Employer s Liability Insurance with a minimum limit of S500,000. (2) Comprehensive Liability Insurance for Bodily Injury and Property Damage with minimum limits of S100 000 for injury to or death of any person; S500 000 for each accident or occurrence for bodily injury Liability; and S25 000 for each accident or occurence for property damage liability. (3) AutomobiLe LiabiLity Insurance for Bodily Injury and Property Damage with minimum limits of S200 000 for injury to or death of any one person; S500 000 for each accident or occurrence for bodily injury liability; and S25 000 for each accident or occurrence for property damage liability. (4) In every case the insurance coverage shall amount to at least the limits stated above. However schere the Financial Responsibility CompuLsory Insurance Law of the State in which the installation is located requires higher limits the Automobile Liability insurance policy should provide coverage of at least those limits. DACW07-95-C-0003 00800-18

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an indorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than ten (10) days after written notice thereof to the Contracting Officer. (c) The Contractor agrees to insert the substance of this clause, including this subparagraph (c), in all subcontracts hereunder. 21 SUBMITTALS SCHEDULE: ER 415-1-10 DTL 1110-4

(a) Within seven (7) calendar days after receipt of notice to proceed, the Contractor shall complete and submit to the Contracting Officer, in duplicate, a Submittal Register (ENG Form 4288) listing all submittals required under the contract (including the Contract Clauses, Special Clauses, and the Technical Clauses) and the dates of submittals. In aWition to those items listed on ENG Form 4288, the Contractor shall furnish submittals for any proposed deviation from the plans or specifications. The scheduled need dates shall be recorded on the Register for each item for control purposes. In preparing the Register, adequate time (a minimum of 3 days) will be allos~ed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control representative shall review the Register at least every 14 days and take appropriate action to maintain an effective system. Copies of updated or corrected Register shall be submitted to the Contracting Officer at least every 30 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements. (b) The attached submittal register is a minimum listing of the submittals that the Contractor shall submit to the Contracting Officer. The Contractor shall complete those columns in the submittal register (ENG Form 4288) entitled "NAS Activity Code,~ ~Submittal Identification DACW07-95-C-0003 00800-19

Number and Contractor Schedule Dates. The Contractor shall coordinate the submittal register with the specific detailed requirements of the Technical Clauses of the contract. In the case of conflict between the submittal register and the Technical Clauses of this contract the requirements of the Technical Clauses shall govern (c) The listing of submittals in the Submittal Register shall not relieve the Contractor from providing additional submittals required by the Contracting Officer under the provisions of the Contract Clauses. 22 OTHER CONTRACTORS

The Contractor shaLl fully cooperate with other such Contractors and Government employees and carefully fit his own work to such work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor(s) or by Government employees 23 SUBCONTRACT APPROVALS

The Contractor shall obtain the written consent of the Contracting Officer prior to placing any subcontract. Neither consent by the Contracting OFficer to any subcontract or any provisions thereof shall be construed to be determination: (i) of the acceptability of any subcontract terms or condition (ii) of the acceptability of any subcontract price or of any amount paid under any responsibility for performing this contract; unless such approval or consent specifically provides otherwise. END OF SECTION 00800 DACW07-95-C-0003 00800-20