TABLE OF CONTENTS
SECTION 00800 SPECIAL CONTRACT REQUIREMENTS PARA. CLAUSE TITLE PAGE
1 52.212-3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF 00800-1 WORK (APR 1984) 2 52.212-5 LIQUIDATED DAMAGES- -CONSTRUCTION (APR 1984) 00800-1 3 52.222-23 NOTICE OF REQIREHENT FOR AFFIRMATIVE ACTION TO 00800-1 ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984) 4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) 00800-3 5 52.236-4 PHYSICAL DATA (APR 1984) 00800-3 6 52.236-16 1 QUANTITY SURVEYS (APR 1984)--ALTERNATE I 00800-4 (APR 1984) 7 252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS 00800-5 (DEC 1991) 8 252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) 00800-7 9 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIUTION 00800-7 (DEC 1991) 00800-8 10 52.232-5001 1 CONTINUING CONTRACTS (1985 JAN HQUSACE) 11 PERFORMANCE AND PAYMENT BONDS 00800-10 12 DAVIS-BACON ACT 00800-10 13 SAFETY AND HEALTH REQUIREMENTS MANUAL 00800-11 14 PAYMENT FOR LIABILITY INSURANCE 00800-11 15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE 00800-13 SCHEDULE. (1989 JUL HQ 16 ENVIRONMENTAL LITIGATION (1974 NOV OCE) 00800-14 17 CERF IMPLEMENTATION 00800-14 18 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING 00800-16 DACW07-95-C-0003 i
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
22 OTHER CONTRACTORS 00800-20
23 SUBCONTRACT APPROVALS 00800-20
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
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
(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
(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
(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
(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
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
(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
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
(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
(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
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
(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
(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
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