B.08.03_W912BU19B0021-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to answ er remaining RFI Submittals and make corresponding changes indicated in this Amendment. The Continuing Contracts Clause is also increased to $6M from $4M.

1. CONTRACT ID CODE PAGE OF PAGES

1 3

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

16C. DATE SIGNED

BY 20-Sep-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU19B0021

X 9B. DATED (SEE ITEM 11)

26-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

20-Sep-2019

CODE

CONTR DIV-CONTRACTS BR

USACE, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912BU19B0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

UAI CLAUSES

UAI 5152.232-9001 Continuing Contracts – Special Continuing Contracts for Civil Works Projects Managed by the United States Army Corps of Engineers (Deviation)

CONTINUING CONTRACTS - SPECIAL CONTINUING CONTRACTS FOR CIVIL WORKS PROJECTS

MANAGED BY THE UNITED STATES ARMY CORPS OF ENGINEERS (DEVIATION) (SEP 2009)

(a) Funds are not available at the inception of this contract to cover the entire contract price. The liability of the Government is limited by this clause notwithstanding any contrary provision of the "Payments to Contractor"' clause or any other clause of this contract, except the Termination for Convenience clause. The sum of $6,000,000 has been reserved for this contract and is available for payment to the Contractor during the current FY. It is expected that Congress will make appropriations for future FY from which additional funds, together with funds provided by one or more non-federal project sponsors, will be reserved for this contract.

(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not be considered a breach of contract and shall not entitle the Contractor to a price adjustment under the terms of this contract.

(c) 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 of any additional funds reserved for the contract by issuing an administrative modification to the contract.

(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any FY, the Contractor 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 that FY.

This notice shall be given not less than 120 days prior to the estimated date of exhaustion. Unless informed in writing by the Contracting Officer that additional funds have been reserved for payments under the contract, the Contractor shall stop work upon the exhaustion of funds.

(e) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract.

(f) 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" clause or in any other manner under this contract.

(g) 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.

(h) If, upon the expiration of 100 days after the beginning of the FY following an exhaustion of funds, the Government has failed to reserve additional funds for this contract sufficient to cover the Government's estimate of funding required for the first quarter of that FY, 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.

(i) If at any time it becomes apparent that the funds reserved for any FY 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 FY, the Government reserves the right, after notice to the Contractor, to reduce said reservation by the amount of such excess.

(j) The term "Reservation" means monies that have been set aside and made available for payments under this contract. Reservations of funds shall be made in writing via an administrative modification issued by the Contracting Officer.

(End of clause)

W912BU19B0021

(End of Summary of Changes)

This page was intentionally left blank for duplex printing.

Amendment No. 0003

IFB W912BU-19-B-0021

14. DESCRIPTION OF AMENDMENT (continued)

a. REQUESTS FOR INFORMATION (RFI) WITH RESPONSES: RFI’s with responses, annotated Amendment No. 0003, are attached to this amendment.

b. TECHNICAL SPECIFICATIONS:

(1) Section 01 30 00 – ADMINISTRATIVE REQUIREMENTS: Please delete page 01 30 00-1 in its entirety, and insert revised page 01 33 00-1, annotated Amendment No. 0003, attached hereto.

(2) Section 01 35 50 – DIVING SERVICES: Please delete this section in its entirety, and substitute the revised Section 01 35 50, annotated Amendment No. 0003, attached hereto.

(3) Section 35 20 23 – DREDGING: Please delete pages 35 20 23-22 and 35 20 23-23 in their entirety, and insert revised pages 35 20 23-22 and 35 20 23-23, annotated Amendment No. 0003, attached hereto.

c. Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0003. Failure to acknowledge all amendments may be cause for rejection of the Bidder.

Request For Information Page 1

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

EM 1110-2-1003 (2013) Hydrographic Surveying Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 88 Pilot Rules

1.2 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Evidence Of Insurance

SD-11 Closeout Submittals

Certified Labor Payrolls

1.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

In addition to FAR 52.211-10 of Section 00 70 00 CONTRACT CLAUSES:

a. The Contractor shall:

(1) commence mobilization of floating plant, pipe, etc., under this contract within 15 calendar days after the date of receipt by him of notice to proceed, and

(2) complete the base bid work for use not later than 120 calendar days after the date the Contractor receives the notice to proceed.

b. The Contracting Officer has the right to exercise Option 1 within 60 calendar days after the date the Contractor receives the notice to proceed for the Base Bid work. The contract will be extended by 30 calendar days if Option 1 is awarded.

Section 01 30 00 Page 1

c. The Contracting Officer has the right to exercise Option 2 within 60 calendar days after the date the Contractor receives the notice to proceed for the Base Bid work. The contract will be extended by 30 calendar days if Option 2 is awarded.

d. The Contracting Officer has the right to exercise Option 3 within 60 calendar days after the date the Contractor receives the notice to proceed for the Base Bid work. The contract will not be extended if Option 3 is awarded.

1.4 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

The liquidated damages amount for FAR 52.211-12 in Section 00 70 00 CONTRACT CLAUSES, is $2,718.41.

1.5 SUPERVISION

1.5.1 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, capable of reading, writing, and conversing fluently in the English language, on the job-site at all times during the performance of contract work. In addition, if a Quality Control (QC) representative is required on the contract, then that individual must also have fluent English communication skills.

1.5.2 Superintendent Qualifications

The project superintendent must have a minimum of 10 years experience in construction with at least 5 of those years as a superintendent on projects similar in size and complexity. The individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The individual must be capable of interpreting a critical path schedule and construction drawings. The qualification requirements for the alternate superintendent are the same as for the project superintendent. The Contracting Officer may request proof of the superintendent's qualifications at any point in the project if the performance of the superintendent is in question.

For routine projects where the superintendent is permitted to also serve as the Quality Control (QC) Manager as established in Section 01 45 00 QUALITY CONTROL, the superintendent must have qualifications in accordance with that section.

1.5.2.1 Duties

The project superintendent is primarily responsible for managing and coordinating day-to-day production and schedule adherence on the project.

The superintendent is required to attend partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted.

1.5.3 Non-Compliance Actions

The Project Superintendent is subject to removal by the Contracting Officer for non-compliance with requirements specified in the contract and for failure to manage the project to insure timely completion. Furthermore, the Contracting Officer may issue an order stopping all or part of the work

Section 01 30 00 Page 2

SECTION 01 35 50

DIVING SERVICES

PART 1 GENERAL

1.1 SCOPE OF SECTION

The work specified in this section includes the development and enforcement of a diving services plan.

NOTE DELETED

1.2 GENERAL REQUIREMENTS

a. All diving performed under this contract shall be in strict accordance with the rules and regulations prescribed by EM 385-1-1 - Section 30;

ER 385-1-31; 0910-LP-115-1921; 29 CFR 1910 - Subpart T; 29 CFR 1915; and the Association of Diving Contractors International (ADCI) Consensus Standards.

b. A Contracting Officer's Representative, will be designated by the Contracting Officer at the Post Award Conference, to act for the Contracting Officer for all submissions, directions and/or acceptance(s) required under the specifications. There will also be an individual designated as the Philadelphia District Designated Dive Coordinator (DDC).

Do not schedule or engage in diving operations without the acceptance of the Contracting Officer and the DDC. Contact the DDC, Derek Burleigh, at 570-615-7052 (office) or 215-964-8647 (mobile), to obtain a list of emergency contact information for the Philadelphia District Dive Safety Program, prior to conducting dive operations.

1.2.1 Underwater Work

Provide necessary services and equipment to perform underwater inspections and repair tasks. All diving operations shall be considered incidental to the work specified elsewhere in these specifications. No separate payment for diving work will be made.

1.2.2 Types of Diving Operations

The Surface Supplied Air (SSA) mode of diving shall be used for all underwater work.

1.3 REFERENCES

The publications 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 385-1-1 (2014) Safety and Health Requirements Manual

ER 385-1-31 (2009; R2016) The Control of Hazardous

Section 01 35 50 Page 1

Energy

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910 Occupational Safety and Health Standards

29 CFR 1915 Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

U.S. NAVAL SEA SYSTEMS COMMAND (NAVSEA)

0910-LP-115-1921 (2016; R2018) U.S. Navy Diving Manual, Revision 7, Change A

1.4 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The acceptance of submittals shall not be construed as a complete check, but will indicate only that the submittal generally complies with regulatory requirements.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-07 Certificates

Safe Practices Manual; G,DO Diving Operations Plan; G,DO Activity Hazard Analysis (AHA); G,DO Emergency Management Plan; G,DO Decompression Plan; G,DO Dive Personnel Qualifications; G,DO Equipment/Air Quality Certifications; G,DO

Submit the above as a complete dive submittal package.

Daily Logs; G,DO

1.5 DIVE SUBMITTAL PACKAGE

The DDC may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the particular work order. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) representative and shall be stamped, signed, and dated by the CQC representative certifying that the submittal complies with the contract requirements. Proposed deviations from the contract requirements shall be clearly identified.

1.5.1 Safe Practices Manual

Develop and maintain a safe practices manual. The manual shall contain all of the information required by 29 CFR 1910, encompass the Contractor's entire diving program, and shall include the items listed in EM 385-1-1, Section 30, Paragraph 30.A.15. Complete and submit with the manual the Safe Practices Manual Review Checklist, which is attached to the end of

Section 01 35 50 Page 2 this section. The manual shall be available at all times at the dive location to each dive team member and the Government Dive Safety Inspector

(DSI).

1.5.2 Diving Operations Plan

Develop a site specific diving operations plan for each separate diving operation. At a minimum, the plan shall contain the information required by EM 385-1-1, Section 30, Paragraph 30.A.16. For medical requirements, see EM 385-1-1, Section 30, Paragraph 30.A.09. Complete and submit with the plan the Dive Operations Plan Review Checklist, which is attached to the end of this section. Submit the plan for review and acceptance, prior to commencement of diving operations. The accepted plan shall be at the diving location at all times and be made available to the Government DSI upon request.

1.5.3 Activity Hazard Analysis (AHA)

Prepare a job-specific AHA that addresses the risk to personnel and property for each phase of work, addresses the hazards for each activity performed, and presents the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. The suggested format for the analysis is contained in Figure 1-2 of EM 385-1-1.

Attach to the AHA a copy of clearances to be issued that deal with identified hazards. At a minimum, comply with EM 385-1-1, Section 30, Paragraph 30.A.17. Complete and submit with the analysis the Activity Hazards Analysis Review Checklist, which is attached to the end of this section. Submit the AHA for review and acceptance prior to the commencement of diving operations. The accepted AHA shall be at the diving location at all times and be made available to the Government DSI upon request.

1.5.4 Emergency Management Plan

Prepare a site-specific Emergency Management Plan for each dive operation, which includes information and procedures developed to deal with accidents after they occur. At a minimum the plan shall contain the information required by EM 385-1-1, Section 30, Paragraph 30.A.18. Complete and submit with the plan the Emergency Management Plan Review Checklist, which is attached to the end of this section. Submit the plan for review and acceptance prior to the commencement of diving operations. The accepted plan shall be at the diving location at all times and be made available to the Government DSI upon request.

1.5.5 Decompression Plan

If the use of Saturation, Surface Decompression with Oxygen (Sur-D-O2) or in-water decompression is planned, prepare a project specific Decompression Plan for each dive operation, which includes information, procedures and decompression methodology. At a minimum the plan shall contain the information required by EM 385-1-1, Section 30, Paragraph 30.E. Submit the plan for review and acceptance prior to the commencement of diving operations. The plan shall be at the diving location at all times and be made available to the Government DSI upon request.

1.5.6 Dive Personnel Qualifications

Submit evidence that each dive team member has the training and experience consistent with the performance requirements for diving operations that may

Section 01 35 50 Page 3 be necessary for work under this contract. Verification of dive team qualifications and experience includes divers, diving supervisor, and tenders. Dive team members must demonstrate similar dive work experience as required by the contract; examples include but are not limited to Sur-D-O2, NITROX (enriched air), mixed gas, deep, saturation, penetration, HazMat and/or contaminated water diving. At a minimum the qualifications shall contain the information required by EM 385-1-1, Section 30, Paragraphs 30.A.05 to 30.A.09. The Contractor conducting dive operations shall have no dive related serious, willful, or repeat State or Federal OSHA safety citations within the 12 months preceding the commencement of dive operations. Submit evidence that each dive team member has current certification in cardiopulmonary resuscitation (CPR), first aid and diver specific Oxygen Provider. Complete and submit the Dive Personnel Qualifications form, which is attached to the end of this section. A lack of experience or qualifications to perform the tasks stated in the scope of work will be cause for rejection or cessation of operations.

1.5.7 Equipment/Air Quality Certifications

Provide certifications and testing results for all equipment and air sources to be used in dive operations that include the information required by EM 385-1-1, Section 30, Paragraph 30.F. Certifications and test results shall be available at all times at the dive location to each dive team member and the Government Dive Safety Inspector (DSI).

1.6 REGULATORY REQUIREMENTS

The Government may elect to implement and enforce more stringent diving requirements than those stated herein, but under no circumstances shall the operational requirements be less than those specified.

1.6.1 Policy

Conduct all diving operations in a prudent manner that will provide for maximum efficiency and minimize the potential for personal injury, loss of life, occupational illness and/or property damage. Do not utilize divers if the objective can be more safely and efficiently accomplished by another means, e.g., using remote controlled television systems in lieu of divers.

1.6.2 Diving Inspection and Monitoring

The DDC or designated representative will inspect or monitor all diving operations. Diving shall not be permitted unless a DSI is present on-site, unless the DDC has granted permission for off-site monitoring. Off-site monitoring will only be granted after an initial on-site inspection to verify compliance with EM 385-1-1, Section 30. Dive operation monitoring consists of occasional telephone contact with the Contractor's on-site dive supervisor and occasional site inspections. Failure to adhere to these requirements will be considered a serious violation of this contract and cause for an immediate stop-work order issued by the Contracting Officer.

1.7 DIVE PLAN, SCHEDULE AND REPORTING

The Dive Operations Plan and Schedule shall detail dive locations and shall be flexible enough to accommodate conflicts with site operations. If the dive plan is altered in mission, depth, personnel, or equipment, contact the DDC for review and acceptance of the alteration prior to actual operation. Conduct all briefings and pre-dive checks in accordance with EM 385-1-1, Section 30, Paragraph 30.A.

Section 01 35 50 Page 4

1.7.1 Scheduling Individual Dives

a. Notify the DDC and CO in writing a minimum of 7 calendar days in advance of each scheduled dive. Failure to give the full 7 days notice may result in delays to the work if an on-site DSI is not available. The Government is not liable for delays if the Contractor fails to give the required written notice.

b. In the event it becomes necessary to cancel or reschedule a dive, notify the Government during normal business hours at least 2 work days prior to the first day of the scheduled dive. Failure to provide such notification will make the Contractor liable for daily rate for the DSI from the date of the cancellation until the dive commences. The Contractor will not be charged for more than 7 days delay for each dive cancellation, however, each time a dive is cancelled or rescheduled, it is treated as a new dive for purposes of scheduling DSI's and determining delay costs. When computing delay costs, a partial day is considered a full day. Delay costs will be permanently deducted from the Contractor's pay at the minimum rate of $1,000.00 per day.

1.7.2 Daily Logs

Submit each day, fully completed copies of the previous day's Diving Log Sheets and other work sheets prepared in conjunction with the Diving Log Sheets. For each diver and dive, the dive log information shall be in compliance with EM 385-1-1, Section 30, Paragraph 30.A.24.

1.8 RESOLUTION OF CONFLICT

EM 385-1-1 and, if applicable, a supplemental waiver or Memorandum of Agreement (MOA) shall be the controlling authority(s) for implementation of all contract diving policy.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 EMERGENCY MEDICAL TREATMENT

Arrange with local authorities for emergency dive medical response, treatment and evacuation to medical facility and nearest hyperbaric chamber. Provide map with route directions to nearest hospital and hyperbaric chamber in dive plan Emergency Management Plan required by

EM 385-1-1.

3.2 DIVE TEAM COMPOSITION AND DIVE EQUIPMENT

Meet the requirements of EM 385-1-1, Appendix G for minimum team staffing, unless a waiver is approved by the DDC. Any use of breathing gas with oxygen content more than 21 percent is considered mixed gas diving. At a minimum, provide a 6-man crew for all mixed gas diving. In addition to the dive team personnel addressed in the above references, provide required certified chamber crew personnel as diving operations dictate. If a crane is used, provide a certified crane operator who is not a dive-team member, and is exclusively dedicated to crane operations. Use SSA diving equipment with 2-way voice communication, by divers and standby divers. An independent reserve air system (30 cubic foot/3000 PSI bailout bottle or

Section 01 35 50 Page 5 larger) for each diver is required. At a minimum, all high pressure and low pressure air supply compressors supplying breathing air, tanks, helmets and other related equipment must comply with the requirements of EM 385-1-1, 29 CFR 1910 Subpart T, 0910-LP-115-1921 and all other prevailing regulations. All dive team members must meet the requirements listed in this section.

3.3 CONTRACTOR-PROVIDED SPECIAL UNDERWATER EQUIPMENT

Furnish all appropriate tools, equipment, and materials needed to accomplish the tasks as stated in this contract.

3.4 MEASUREMENT AND PAYMENT

The work specified in this section for diving services will be measured for payment by the number of diving services performed. All costs in connection therewith shall be included in the contract unit price for the Option Bid Item titled "Diving Services".

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Section 01 35 50 Page 6

Stephen.A.Farrell@usace.army.mil. The time for any redredging to remove shoals and for second and subsequent surveys in any acceptance section is the responsibility of the Contractor, and must be accomplished within the completion period established for the contract. The Contractor may accompany the survey party to observe if redredging is required. The Contracting Officer will notify the Contractor if any redredging is required.

3.9.4.2 Existing Conditions

Hydrographic surveys will be taken by the Government before dredging.

Determination of quantities removed, and the deductions made therefrom, to determine quantities by in-place measurement to be paid in the area specified, after having once been made, will not be reopened, except on evidence of collusion, fraud, or obvious error. The hydrographic surveys for this contract, containing all edited x,y,z data, will be available on CD by request.

3.9.4.3 Hydrographic Survey Equipment

Hydrographic surveys will be conducted to meet USACE Performance Standards as defined in the Hydrographic Surveying Manual EM 1110-2-1003. Surveys will be performed by single transducer sounding techniques, multi-beam sweep type surveys or both. When using single beam technology, the operating frequency will range from 190 to 210 Khz in hard bottom areas.

When utilizing multi-beam technology, the operating frequency will range from 180 to 250 Khz in hard bottom areas. In soft bottom areas, 24 KHz low frequency depth may be used. All fathometers will be calibrated following procedures outlined in the aforementioned EM.

3.9.4.4 Tide Corrections - Government Surveys

Horizontal and vertical vessel positioning for all hydrographic surveys conducted under this contract by the Government, will be based upon Real Time Kinematic (RTK) Global Positioning System, a Real Time Network (RTN), or Post Processed Kinematic (PPK) techniques. All soundings will be corrected to Mean Lower Low Water (MLLW) based upon differences shown in the chart in SECTION 00 73 53.

3.9.4.5 Partial Payments

Monthly partial payments will be based on acceptance sections completed as determined by soundings or sweepings taken behind the dredge by the Government survey party.

3.9.5 Mobilization and Demobilization Between Areas of Work

Payment will be made at the contract lump sum price under the Base and Option Bid Items titled "Mobilization & Demobilization Between Marcus Hook, Deepwater Point, and New Castle Ranges (Dredge Movement and Pipeline Relocation)", "Mobilization & Demobilization to Wilmington Harbor, Christina River (Dredge Movement and Pipeline Relocation)", "Removal & Satisfactory Disposal of Material in Mifflin Range", and "Mobilization & Demobilization to Wilmington Harbor, Christiana River (Dredge Movement and Pipeline Relocation)", as listed in the Bidding Schedule for transfer of plant from a completed to a new area of work, subject to the same terms and conditions as specified in the paragraph: "Mobilization and Demobilization", with respect to reasonable relation of the bid price compared to the cost of the work associated with the transfer operations.

Section 35 20 23 Page 21

A range of two to four calendar days will be allowed for transfer of plant, as determined by the Contracting Officer, without assessment of liquidated damages for delay to the work, in the amount specified in the Contract Clauses.

3.9.6 Option 3

3.9.6.1 Mechanical Dredge and Attendant Plant

The use of the Contractor's dredge, attendant plant including tugboat/tender, and associated operating personnel will be measured for payment by the day. All costs in connection therewith, including mobilization and demobilization of the dredge and attendant plant, shall be included in the contract unit price for the Option Bid Item titled "Mechanical Dredge with Operating Personnel and Attendant Plant". Pay time shall begin on the date of acceptance of the dredge by the Contracting Officer, and shall end when the dredge is released to the Contractor.

3.9.6.1.1 Non-Effective Time With Payment at Fifty Percent of Daily Rate for the Dredge with Operating Personnel and Attendant Plant.

The following shall be considered non-effective time with payment being made at 50 percent of the contract daily rate under the Option 3 Bid Item titled "Mechanical Dredge with Operating Personnel and Attendant Plant":

a. Actual time lost up to, but not in excess of four hours on each occasion, due to shutdown for repair or replacement with further provision that total payment for lost time due to repairs or replacement will not be made for more than four hours in any consecutive two day period.

b. Time lost in excess of eight hours when operations are suspended by the Contracting Officer, when in his opinion conditions are such that continued operations are impracticable or uneconomical.

e. Time lost from suspension of operations, directed by the Contracting Officer, when, based on marine and weather forecast, there are 3 or more consecutive upcoming days of conditions unfavorable for dredging.

3.9.6.1.2 Conditions of Nonpayment

Payment will not be made under the following conditions:

a. Lay time on completion of a work assignment, or lay time after arrival at the location of a new assignment when such time is incurred at the direction of the Contractor or when, through the negligence of the Contractor, the necessary equipment is not available or in operating condition at the new assignment, or when, for any reason, the range signals, gages, and/or GPS equipment cannot be properly observed from the dredge.

b. Time lost in excess of four hours on each occasion or in excess of four hours in each consecutive two day period due to shutdown for repair or replacement.

3.9.6.2 Diving Services

The use of diving services will be measured for payment by the number of diving services performed. All costs in connection therewith shall be

Section 35 20 23 Page 22 included in the contract unit price for the Option Bid Item titled "Diving Services".

3.9.6.3 Obstruction Disposal

The work specified in this section for the disposal of obstructions will be measured for payment by the number of obstructions disposed of and all costs in connection therewith shall be included in the contract unit price for the Option Bid Item titled "Obstruction Disposal".

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Section 35 20 23 Page 23