DUNKIRK SPECS - CONTRACTING.pdf

W912P4-09-B-00##

MAINTENANCE DREDGING

DUNKIRK HARBOR

DUNKIRK, CHAUTAUQUA COUNTY, NEW YORK

TABLE OF CONTENTS

SECTION TITLE

00010 SOLICITATION, OFFER AND AWARD (SF1442), AND

BIDDING SCHEDULE

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS INDEX

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

01 22 00.00 10 – PROJECT TABLE OF CONTENTS (GENERAL

35 20 23.23 REQUIREMENTS AND TECHNICAL PROVISIONS)

1-23 LIST OF ATTACHMENTS

00010-3

00010-4

SECTION 00010

SOLICITATION, OFFER, AND AWARD (SF 1442) AND BIDDING SCHEDULE

BIDDING SCHEDULE “A”

Bid on Bidding Schedule “A” will be based upon dredging and disposal of dredged material from Dunkirk Harbor in both Government-designated Nearshore and Open-Lake Disposal Areas, as shown on the contract drawing, and in accordance with these specifications.

(See Sections 01 35 13, “SPECIAL PROJECT PROCEDURES”, & 35 20 23, “MAINTENANCE DREDGING”, Paragraph 3.3.2)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization & Demobilization LS $_________

2 Maintenance Dredging:

Dunkirk Harbor – Area “A” (Sta 45+19 to 17’ Contour) w/ Nearshore Disposal

25,000 CY $______

3 Maintenance Dredging:

Dunkirk Harbor – Area “B” (Sta 45+19 to 60+00) w/ Open-Lake Disposal

14,000 CY $______

4 Maintenance Dredging:

Dunkirk Harbor – Area “C” (Sta 60+00 to 72+26) w/ Open-Lake Disposal 10,000 CY $______ $_________

5 Maintenance Dredging:

Dunkirk Harbor – Area “D” (West Dock Front Channel) w/ Open- Lake Disposal 4,200 CY $______ $_________

6 Maintenance Dredging:

Dunkirk Harbor – Area “E” (East Mooring Channel) w/ Open-Lake Disposal 6,200 CY $______ $_________

7 Maintenance Dredging:

Dunkirk Harbor – Area “F” (East Dock Front Channel) w/ Open- Lake Disposal 9,000 CY $______ $_________

00010-5

Total Estimated Amount (Items 1, 2, 3, 4, 5, 6 & 7) $___________

Option “A”:

Item Estimated Unit Estimated No. Quantity Unit Price Amount

8 Maintenance Dredging:

Dunkirk Harbor – Area “C” (Sta 60+00 to 72+26) w/ Open-Lake Disposal 40,000 CY $ ______ $ _________

Total Estimated Amount (Items 1, 2, 3, 4, 5, 6, 7 & 8) $ __________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 17,000 8,000 3 9,000 5,000 4 8,000 2,000 5 1,350 2,850 6 3,000 3,200 7 3,000 6,000 8 32,000 8,000

NOTE 2: BIDS MAY BE SUBMITTED ON EITHER OR BOTH OF THE BIDDING

SCHEDULES. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

00010-6

NOTE 3: Regarding Option Item “A”, the Government may elect to award Option Item “A”. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option Item. Additionally, the Government may elect to award Option Item “A” within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid (Items 1, 2, 3, 4, 5, 6 & 7) and the amount of Option “A” (Item 8).

00010-7

BIDDING SCHEDULE “B”

Bid on Bidding Schedule “B” will be based upon dredging & disposal of dredged material from Dunkirk Harbor in the Contractor-furnished/Government-approved Disposal Area(s), with the balance, if any, in the Government-designated Nearshore and/or Open-Lake Disposal Areas, as shown on the contract drawings, in accordance with these specifications.

(See Sections 01 35 13, “SPECIAL PROJECT PROCEDURES” & 35 20 23, “MAINTENANCE

DREDGING”, Paragraph 3.3.3)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization & Demobilization LS $_________

2 Maintenance Dredging:

Dunkirk Harbor – Area “A” (Sta 45+19 to 17’ Contour) w/ disposal in Contractor-furnished Disposal Area(s)

25,000 CY $______

3 Maintenance Dredging:

Dunkirk Harbor – Area “B” (Sta 45+19 to 60+00) w/ disposal in Contractor-furnished Disposal Area(s)

14,000 CY $______

4 Maintenance Dredging:

Dunkirk Harbor – Area “C” (Sta 60+00 to 72+26) w/ disposal in Contractor-furnished Disposal Area(s) 10,000

5 Maintenance Dredging:

Dunkirk Harbor – Area “D” (West Dock Front Channel) w/ disposal in Contractor-furnished Disposal Area(s) 4,200 CY $______ $_________

6 Maintenance Dredging:

Dunkirk Harbor – Area “E” (East Mooring Channel) w/ disposal in Contractor-furnished Disposal Area(s) 6,200 CY $______ $_________

00010-8

7 Maintenance Dredging:

Dunkirk Harbor – Area “F” (East Dock Front Channel) w/ disposal in Contractor-furnished Disposal Area(s) 9,000 CY $______ $_________

Total Estimated Amount (Items 1, 2, 3, 4, 5, 6 & 7) $___________

Option “A”:

Item Estimated Unit Estimated No. Quantity Unit Price Amount

8 Maintenance Dredging:

Dunkirk Harbor – Area “C” (Sta 60+00 to 72+26) w/ disposal in Contractor-furnished Disposal Area(s) 40,000 CY $ ______ $ _________

Total Estimated Amount (Items 1, 2, 3, 4, 5, 6, 7 & 8) $ __________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 17,000 8,000 3 9,000 5,000 4 8,000 2,000 5 1,350 2,850 6 3,000 3,200 7 3,000 6,000 8 32,000 8,000

NOTE 2: BIDS MAY BE SUBMITTED ON EITHER OR BOTH OF THE BIDDING

SCHEDULES. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

00010-9

NOTE 3: Regarding Option Item “A”, the Government may elect to award Option Item “A”. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option Item. Additionally, the Government may elect to award Option Item “A” within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid (Items 1, 2, 3, 4, 5, 6 & 7) and the amount of Option “A” (Item 8).

NOTE 5: AWARD OF THE CONTRACT UNDER THIS SCHEDULE WILL BE SUBJECT

TO THE ACCEPTANCE OF THE PROPOSED CONTRACTOR-FURNISHED DISPOSAL

AREA OR AREA(S), BY THE CONTRACTING OFFICER. UNLESS THE DATA

REQUIRED IN SECTION 35 20 23, MAINTENANCE DREDGING, PARAGRAPHS

ENTITLED “REQUIRED DOCUMENTS” AND “REQUIRED FORMS” OF THIS

SPECIFICATION IS FURNISHED WITH THE OFFER AT THE TIME OF BID OPENING,

THE OFFER UNDER THIS SCHEDULE WILL BE CONSIDERED NON-RESPONSIVE.

(To be added to Section 00100)

LIST OF ATTACHMENTS

1. Preparatory Inspection Checklist

2. Initial Inspection Checklist

3. Proposed Contractor-Furnished Disposal Areas

4. Contractor Quality Control Report

5. Standard Form 24, “Bid Bond” (Sample)

6. Standard Form 25, “Performance Bond” (Sample)

7. Standard Form 25-A, “Payment Bond” (Sample)

8. ENG Form 27, “Report of Operations—Hopper Dredges”

9. ENG Form 4025, “Transmittal of Shop Drawings, Equipment Data, Material Samples, or

Manufacturer’s Certificates of Compliance”

10. ENG Form 4267, “Report of Operations—Pipeline, Dipper or Bucket Dredges”

11. ENG Form 4288, “Submittal Register”

12. Dunkirk Harbor Survey Control Data

13. EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual

(October 2008)

14. Contractor Accident Prevention Plan Checklist

15. Activity Hazard Analysis (AHA)

16. Environmental Protection Plan Template

17. Contractor Quality Control Plan Checklist

18. Contractor Quality Control Plan Template

19. Certificate of Compliance (Cranes)

20. Monthly Man Hour Contractor Exposure Report

21. ENG Form 3394 “Accident Investigation Report”

22. Figure for Contractor Provided Equipment for SI

23. Ninth District Local Notice to Mariners

TABLE OF CONTENTS

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

CLAUSE NUMBER CLAUSE TITLE

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000)

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995) – EFAR

52.236-4 PHYSICAL DATA (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(DEC 1991)

LOCAL CLAUSES:

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 89) ER 415-1-15

CERF IMPLEMENTATION (1983 JUN OCE)

CONTINUITY OF WORK (1965 APR OCE)

LAYOUT OF WORK (1965 APR OCE)

REAL ESTATE

REPORT OF DREDGING OPERATIONS

SHOALING

VARIATIONS IN ESTIMATED QUANTITIES—DREDGING

WITHDRAWAL OF CONTRACTOR'S PLANT FROM CONTRACT WORK

CONTRACTOR PERFORMANCE EVALUATIONS

00800-2

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract the Contractor shall pay liquidated damages to the Government in the amount of $ 925.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(MAR 1995) - EFAR

(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of

Proposals and FAR Part 49.

(b) 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 Government can determine both ownership and operating costs from the Contractor’s accounting records. When both ownership and operating costs cannot 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 II. 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 negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR

31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements will be determined using the schedule except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, “Contract Pricing Proposal Cover Sheet.”

(End of Clause)

00800-3

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 and soundings.

(b) Weather Conditions. See clause entitled “TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER” of this Section.

(c) Transportation Facilities. The location is served by railroads and major highways. The Contractor shall investigate and obtain the necessary information and data regarding the availability and use of access roads, dock facilities, highways and railroad facilities to the site of the work. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary permits to operate on or cross public highways and roads and railroads in connection with the prosecution of the contract work. See the Contract Clause (Section 00700) entitled “Permits and Responsibilities”.

(d) Project Condition Soundings. Government sounding drawings from the previous year are included as reference drawings and are listed in the paragraph entitled "Contract Drawings, Maps and Specifications" of this section.

(e) Lake Levels. Data and forecasts are available through the publication, "Monthly Bulletin of Lake Levels" by the Department of the Army, Detroit District, Corps of Engineers, ATTN: CELRE-EP- HW, P.O. Box 1027, Detroit, MI 48231-1027.

52.236-16 QUANTITY SURVEYS (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(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.

00800-4

252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown –

(1) must include sufficient detail to permit an analysis of profit, and of all costs for –

(i) material;

(ii) labor;

(iii) equipment;

(iv) subcontracts; and

(v) overhead

(2) must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor’s proposal shall include a justification for any time extension proposed.

252.236-7001 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(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;

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

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

00800-5

(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 drawings or specifications or the misdescription of details of work that area 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 correct drawings identified on the following index of drawings:

Title File Drawing No.

CONTRACT DRAWINGS:

Dunkirk Harbor 1/1 C-101 Dunkirk, New York Maintenance Dredging FY 2009 General Plan

REFERENCE DRAWINGS:

08S-DUK-1/1 VH-101 1/2 Project Condition Soundings – May, July 2008 08S-DUK-1/2 VH-102 2/2 Project Condition Soundings – May, July 2008

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

(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.

00800-6

(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.).

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 Contractor’s plant and equipment at the contract lump sum price for this item.

(1) Sixty (60%) percent of the lump sum price upon completion of the Contractor’s mobilization at the work site.

(2) The remaining forty (40%) 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;

(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 Officer’s determination of the actual costs in paragraph (b)(1)of this clause is not subject to appeal.

00800-7

LOCAL CLAUSES:

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 89) ER

415-1-15

(1) This provision specifies the procedures for determination of time extensions for unusually severe weather in accordance with the contract clause entitled “Default: (Fixed Price Construction)”. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

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

(b) 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.

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED UPON (7) DAY WORK WEEK

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

15 13 11 8 11 6 7 5 6 9 9 12

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

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

CERF IMPLEMENTATION (1983 JUN OCE)

If the work specified in this contract is performed by a hopper dredge(s), the owner must have an active Basic Ordering Agreement (BOA) for the hopper dredge(s) 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

00800-8

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 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:

(a) 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.

(b) 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.

(c) 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 dredge(s) must depart for the emergency assignment within seventy-two (72) hours for CONUS or ten (10) days for OCONUS assignments.

(d) 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 dredge(s).

(e) If during the time period specified in a, b, or c, above, a CERF vessel(s) is still required, the contract performance may be continued for additional time by mutual agreement.

(EFARS 52.2/9112)

CONTINUITY OF WORK (1965 APR OCE)

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is secured in the whole of such area, unless prevented by ledge rock, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed.

(EFARS 52.2/9110(c))

00800-9

LAYOUT OF WORK (1965 APR OCE)

(a) The Government has established bench marks and horizontal control points at the site of the work. These are described and indicated on contract drawings.

(b) From these control points the Contractor shall lay out the work by establishing all lines and grades at the site necessary to control the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings. The Contractor shall establish and maintain at the site of the work the following horizontal and vertical controls:

See Section 01 35 13, “SPECIAL PROJECT PROCEDURES,” Paragraph “Datum and Benchmarks”.

See Section 35 20 23, "MAINTENANCE DREDGING," Paragraph “Layout of Work”.

The above are minimum requirements and the Contractor shall place and establish such additional stakes and markers as may be necessary for control and guidance of his construction operations. All survey data shall be recorded in accordance with standard and approved methods. All field notes, sketches, recordings and computations made by the Contractor in establishing above horizontal and vertical control points shall be available at all times during the progress of the work for ready examination by the contracting officer or his duly authorized representative.

(c) The Contractor shall furnish, at his own expense, all such stakes, spikes, steel pins, templates, platforms, equipment, tools and material and all labor as may be required in laying out any part of the work from the control points established by the Government. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other markers established by him until authorized to remove them. If any of the control points established at the site by the Government are destroyed by or through the negligence of the Contractor prior to their authorized removal, they may be replaced by the Contracting Officer, and the expense of replacement will be deducted from any amount due or which may become due the Contractor. The Contracting Officer may require that work be suspended at any time when horizontal and vertical control points established at the site by the Contractor are not reasonably adequate to permit checking the work. Such suspension will be withdrawn upon proper replacement of the control points.

(EFARS 52.2/9108(a)(b))

REAL ESTATE

No real estate rights have been obtained by the Government for this project. If any real estate rights are desired by the Contractor in addition to that already available to the Government for access to the disposal facility and/or project area, they shall be obtained by the Contractor at his own expense.

Copies of any such agreements shall be furnished to the Contracting Officer for approval before entering thereon. Such agreements shall clearly relieve the Government of any responsibility for damages resulting from the use of such grounds.

00800-10

REPORT OF DREDGING OPERATIONS

As set forth in Section 00700, “Contract Clauses”, paragraph entitled “Inspection of Construction,” which requires the maintenance of inspection records, either ENG Form 4267 (Report of Operations – Pipeline, Dipper or Bucket Dredges) or ENG Form 27 (Report of Operations – Hopper Dredges), as appropriate to the type of work being performed, shall be completed daily. The Contractor shall furnish the completed forms, to the Contracting Officer. Blank copies of both forms are located, as Attachments, within Section 00100, “BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS INDEX” at the end of this Solicitation. An adequate supply will be provided to the Contractor by the Contracting Officer. If the Contractor proposes to use any other form, it shall be approved by the Contracting Officer prior to use.

SHOALING (1965 APR OCE)

If, before the contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, redredging at contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

(EFARS 52.2/9110(f))

VARIATIONS IN ESTIMATED QUANTITIES--DREDGING (1985 JAN HQ

USACE)

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 estimated quantity.

(EFARS 52.2/9110(i))

WITHDRAWAL OF CONTRACTOR'S PLANT FROM CONTRACT WORK

(a) At least ten (10) days before commencing work under this contract, the Contractor shall submit to the Contracting Officer in writing, a list indicating the location of all dredging work not covered by this contract, if any, he desires to perform during the first calendar month of this contract with the dredging plant assigned to this contract. The request submitted to the Contracting Officer for approval of work not covered by this contract shall indicate the estimated number of work days, including probable

00800-11 delays that the Contractor desires to withdraw from contract operations for work not covered by this contract. The proposed work not covered by this contract shall be located only adjacent to the work under this contract.

(b) The Contractor shall periodically submit similar requests as may be necessary throughout the duration of the contract, each letter to cover a period no greater than one calendar month. Each letter shall be submitted at least ten (10) days in advance of the period covered by the letter.

(c) The Contracting Officer, after ascertaining the overall needs of navigation and the needs of those seeking dredging not covered by this contract from such sources as may be available, and after determining that the Contractor has maintained a satisfactory rate of progress, shall determine the maximum number of work days that the Contractor may withdraw his plant for dredging not covered by this contract during the period covered by such request.

(d) The date and duration of each individual withdrawal and the number of days and total time during which the plant may be withdrawn from the contract under each such approval, shall be controlled by the Contracting Officer or his designated agent in a manner which, in his opinion, best serves the interests of navigation.

(e) The Contractor shall be assessed liquidated damages for each day plant assigned to this contract is withdrawn to perform dredging not covered by this contract without the approval of the Contracting Officer.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation (ER) 415-1-17, to fulfill this FAR requirement. For Construction contracts awarded at or above $100,000.00, USACE will evaluate the Contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of thirty (30) days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $100 - $200 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. The Contractor shall participate in the performance evaluation process using the CCASS system and PKI certification. No separate payment will be made to the Contractor for obtaining the PKI certification or using the CCASS system.

(End of Section)

DUNKIRK HARBOR MAINTENANCE DREDGING - FY09 DUNKDR09

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 13 SPECIAL PROJECT PROCEDURES

01 35 26 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 10 QUALITY CONTROL SYSTEM (QCS)

01 45 04.01 10 CONTRACTOR QUALITY CONTROL

01 57 20.01 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 MAINTENANCE DREDGING

35 20 23.13 SCOW SILENT INSPECTOR

35 20 23.23 HOPPER DREDGE SILENT INSPECTOR

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

04/06

PART 1 GENERAL

1.1 REFERENCES

1.2 LUMP SUM PAYMENT ITEMS

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

1.2.1.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Dredging

1.3.2 In-Place Quantities

1.3.3 Acceptance Section Lengths

1.3.4 Quantity Determination

1.3.5 Silent Inspector

1.3.6 Completion of Work

1.3.7 Measurement

1.3.8 Unit of Measure

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 22 00.00 10 Page 1

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

04/06

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1003 ENGINEERING AND DESIGN - HYDROGRAPHIC

SURVEYING

1.2 LUMP SUM PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the "SOLICITATION, OFFER AND AWARD (SF1442) AND BIDDING SCHEDULE" (Section 00010) and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

Payment will be made for costs associated with mobilization and demobilization, as defined in Section 00800, SPECIAL CONTRACT REQUIREMENTS clause entitled "PAYMENT FOR MOBILIZATION AND DEMOBILIZATION".

1.2.1.2 Unit of Measure

Unit of measure: lump sum.

SECTION 01 22 00.00 10 Page 2

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the "SOLICITATION, OFFER AND AWARD (SF1442) AND BIDDING SCHEDULE" (Section 00010) and described below.

The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.3.1 Dredging

Payment will be made for all costs associated with the dredging operations. The Contract Unit Price per Cubic Yard of Dredging shall include the cost of removal, conveyance and disposal of all materials within the areas shown on the drawings, and specified herein, except original materials, ledge rock, boulders, cobbles, rock fragments, wrecks, scrap materials, snags, stumps, piles, debris or other material which cannot be removed or buried below the required depth by the plant specified in the accepted bid, or the equivalent of such plant, without blasting or special apparatus. The material to be paid for will be measured by computing the in-place quantity (cubic yards) available within the maximum pay prism (as stated in paragraph "Specific Areas" of Section 35 20 23 "MAINTENANCE DREDGING", as determined from the "before" soundings, less the quantity remaining within the maximum pay prism as determined from the "after" soundings, less any deductions that may be required for misplaced material, described in paragraph "Misplaced Materials" of Section 35 20 23 "MAINTENANCE DREDGING". No payment will be made for material dredged in excess of the total quantity in each dredging area and contract line item, as specified in the contract. The "after" sounding survey will be made within fourteen (14) calendar days after each acceptance section has been completed. All soundings for measurement purposes will be performed in accordance with the SPECIAL CONTRACT REQUIREMENTS (Section 00800), clause entitled "Quantity Surveys" and paragraph entitled "Quantity Determination" of this Section. Payment will be made at the unit price per cubic yard for dredging, which price shall include all costs for labor and equipment for excavation, transporting, and disposal of material specified herein and as shown on the contract drawings. Nothing in this paragraph shall be construed as prohibiting the removal of excepted material by special means at the prices agreed and approved in accordance with applicable provisions of the contract.

1.3.2 In-Place Quantities

In-place payment quantities will be computed by the Government using channel limits, or other dredging limits established by the Contracting Officer, and stationing as computed by the Government. It is the responsibility of the Contractor to compute and verify such limits and quantities before the commencement of dredging. The Contractor will be furnished drawings depicting both the "before" and "after" dredging soundings along with computer printouts of the soundings, if done by the electronic measuring system, or copies of the copies of the original field notes if done by conventional methods. Determination of the final

SECTION 01 22 00.00 10 Page 3 quantities will be based on the "before" and "after" contract dredging surveys." The total quantities to be paid for under this contract will be that quantity of dredged material removed from within the maximum pay prism, shown on the contract drawing, and disposed of in accordance with the provisions of these specifications, that do not exceed the total quantities established by the Contracting Officer pursuant to Section 35 20 23, "MAINTENANCE DREDGING" paragraph entitled "Specific Areas and Periods."

1.3.3 Acceptance Section Lengths

Examination for acceptance will not be performed until all dredging required under this contract, within 500 feet of the acceptance section, has been completed, or to a point where, in the judgment of the Contracting Officer, further dredging in the contract area will not cause shoaling or damage to the acceptance section. Unless specifically designated in the Section 01 35 13 "SPECIAL PROJECT REQUIREMENTS", paragraph "Acceptance Section Lengths", acceptance section lengths for hydraulic dredges with a cutterhead and mechanical dredges will be a minimum of 2,500 feet.

Acceptance lengths for hopper dredges will be a minimum of 5,000 feet. The acceptance section lengths will be determined by the Contracting Officer prior to the commencement of dredging.

1.3.4 Quantity Determination

Before and After dredge surveys shall be performed by the Government for purposes of acceptance and determination of quantities dredged. The Government will conduct surveys in accordance with EM 1110-2-1003, "Hydrographic Surveying", using one of the following methods: (1) multibeam, (2) single beam, or (3) lead line, whichever is deemed appropriate by the Government for the harbor/channel being dredged. The quantity calculation method utilized will be in HYPACK software utilizing either the TIN method or the Standard HYPACK method. The surveying method and quantity calculation method utilized will be determined solely by the Government and is entirely at it's discretion. The Contractor will be advised of the surveying method and quantity calculation methods to be used prior to the commencement of dredging.

1.3.5 Silent Inspector

Payment for all labor, equipment, tools and incidentals necessary to install, operate and maintain the system, as specified in Section 35 20 23.13, "SCOW SILENT INSPECTOR" and Section 35 20 23.23, "HOPPER DREDGE SILENT INSPECTOR", whichever is applicable, shall be included within the cost for "Maintenance Dredging."

SECTION 01 22 00.00 10 Page 4

1.3.6 Completion of Work

The Contractor shall notify the Contracting Officer seven (7) working days prior to completion of each specified acceptance section to allow adequate time for the scheduling of a survey crew to perform examination soundings.

Written notification may be required at the discretion of the Contracting Officer. If completion of the acceptance section is not proceeding as anticipated, the Contractor shall notify the Contracting Officer at least two (2) working days prior to the anticipated completion date so that the Government survey crew is not dispatched to perform the examination soundings and so that a revised date can be established. Costs incurred by the Government resulting from failure of the Contractor to appropriately notify the Contracting Officer shall be borne by the Contractor, similar to the "before" dredging survey provisions described in Section 35 20 23, "MAINTENANCE DREDGING", paragraph "Quantity Survey Scheduling."

1.3.7 Measurement

The total quantity of excavated material for which payment will be made in accordance with the provisions of Section 00800, SPECIAL CONTRACT REQUIREMENTS clause entitled "QUANTITY SURVEYS".

1.3.8 Unit of Measure

Unit of measure: cubic yard.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION 01 22 00.00 10 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 33 00

SUBMITTAL PROCEDURES

05/06

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.2.1 Submittal

1.2.2 Submittal Descriptions (SD)

1.2.3 Approving Authority

1.2.4 Work

1.3 SUBMITTAL CLASSIFICATION

1.3.1 Government Approved

1.3.1.1 Designated Reviewers

1.3.2 Information Only

1.4 APPROVED SUBMITTALS

1.5 DISAPPROVED SUBMITTALS

1.6 WITHHOLDING OF PAYMENT

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

3.2 SUBMITTAL REGISTER

3.3 SCHEDULING

3.4 TRANSMITTAL FORM (ENG FORM 4025)

3.5 SUBMITTAL PROCEDURES

3.5.1 Procedures

3.5.2 Deviations

3.6 CONTROL OF SUBMITTALS

3.7 GOVERNMENT APPROVED SUBMITTALS

3.8 INFORMATION ONLY SUBMITTALS

3.9 RESERVATION OF RIGHTS

3.10 STAMPS

SECTION 01 33 00 Page 1

SECTION 01 33 00

SUBMITTAL PROCEDURES

05/06

PART 1 GENERAL

1.1 PAYMENT

No separate payment will be made for any requirements under this Section and all costs of implementation shall be included in the payment item(s) shown in Section 00010, "SOLICITATION, OFFER AND AWARD (SF 1442) AND

BIDDING SCHEDULE."

1.2 DEFINITIONS

1.2.1 Submittal

Contract Clauses (Section 00700) "FAR 52.236-5, Material and Workmanship," paragraph (b) and "FAR 52.236-21, Specifications and Drawings for Construction," paragraphs (d), (e), and (f) apply to all "submittals."

1.2.2 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections.

Submittals are identified by SD numbers and titles as follows.

SD-01, Preconstruction Submittals

Submittals which are required prior to a notice to proceed on a new contract. Submittals required prior to the start of the next major phase of the construction on a multi-phase contract. Schedules or tabular list of data or tabular list including location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work, submitted prior to contract notice to proceed or next major phase of construction.

Certificates of insurance.

Surety bonds.

List of proposed subcontractors.

List of proposed products.

Construction Progress Schedule.

Submittal Register.

Schedule of prices.

Health and Safety Plan.

Work Plan.

Quality Control Plan.

Environmental Protection Plan.

SECTION 01 33 00 Page 2

SD-06, Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements. (Testing must have been within three years of date of contract award for the project.)

Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

Investigation reports.

Daily logs and checklists.

Final acceptance test and operational test procedure.

SD-07, Certificates

Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

Document required of Contractor, or of a manufacturer, supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

Confined space entry permits.

Text of posted operating instructions.

SD-11, Closeout Submittals

Documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism.

Special requirements necessary to properly close out a construction contract. For example, Record Drawings, manufacturer's help and product lines necessary to maintain and install equipment. Also, submittal requirements necessary to properly close out a major phase of construction on a multi-phase contract.

1.2.3 Approving Authority

Office or designated person authorized to approve submittal.

SECTION 01 33 00 Page 3

1.2.4 Work

As used in this Section, on- and off-site construction required by contract documents, including labor necessary to produce submittals, construction, materials, products, equipment, and systems incorporated or to be incorporated in such construction.

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.3.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer.

Within the terms of the Contract Clause (Section 00700) entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings."

1.3.1.1 Designated Reviewers

The organization designated to perform the review for approval for items requiring Government approval (G) is identified by acronym in the (f) (CLASSIFICATION/GOVT OR A/E REVWR) column on the SUBMITTAL REGISTER.

Following is a list of the acronyms used and their full description:

AOF = The Resident U.S. Army Corps of Engineers Area Office

TSD = Technical Services Division, Design Branch, Buffalo District, U.S. Army Corps of Engineers

1.3.2 Information Only

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.4 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory.

Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

SECTION 01 33 00 Page 4

1.5 DISAPPROVED SUBMITTALS

When a submittal is returned to the Contractor and marked "DISAPPROVED" or "APPROVED - SUBJECT TO CONDITIONS…