W912DS-15-B-0009_Flushing_Specs.pdf

New York District

THIS IS AN UNRESTRICTED PROCUREMENT SIC 1629

SAFETY PAYS

MAINTENANCE DREDGING

FLUSHING BAY AND CREEK, NEW YORK

FEDERAL NAVIGATION PROJECT

Solicitations &

Specifications

IFB No. W912DS-15-B-0009

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BID

CHECK LIST FOR BIDDERS

ATTACHED IS IFB FOR:

Maintenance Dredging of Flushing Bay and Creek, New York Federal Navigation Project

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION

MUST BE FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID

INELIGIBLE FOR AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE

INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A

PROPER BID.

__ HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__ HAVE YOU COMPLETED THE “REPRESENTATIONS AND

CERTIFICATIONS” (SECTION 00 60 00) PORTION OF THE SOLICITATION?

__ IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__ IS YOUR BID PROPERLY SIGNED?

__ A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A

BID BOND ON STANDARD FORM 24 OR A SIMILAR FORM CONTAINING

THE SAME LANGUAGE AS A STANDARD FORM 24?

__ IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

__ IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER

AND SURETY AND ARE ALL REQUIRED SEALS AFFIXED?

__ IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR

BID AS ON THE BID BOND?

__ IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID

GUARANTEE IS TREATED THE SAME AS A LATE BID)

__ HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY

ALTERING THE PROVISIONS OF THE SOLICITATION?

__ WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID

ITEM? (THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS

NECESSARY.)

__ ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR

FIGURES LEGIBLE?

__ IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE

THEY INITIALED BY THE PERSON SIGNING THE BID?

__ DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY

THAT IT IS A SEALED BID AND DOES IT CONTAIN THE CORRECT

SOLICITATION NUMBER AND BID OPENING TIME?

__ WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION

00100 OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS

FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT

TAKES TO ENTER THE BUILDING. BIDDER IS RESPONSIBLE TO ENSURE

THAT ITS BID IS SUBMITTED TIMELY.

BIDDER IS RESPOSIBLE TO ENSURE BID IS SUBMITTED ON TIME.

COVER SHEET

INVITATION FOR BID

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

MAINTENANCE DREDGING

FEDERAL NAVIGATION CHANNEL

1. Attached is INVITATION FOR BIDS.

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL

OPPORTUNITY clause as it applies to the contract resulting from this solicitation.

(See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB.)

5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, Offerors, and applicants are cautioned to note the “Certification of Nonsegregated Facilities” in the solicitation. Failure of bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000, which are not exempt from the provisions of Equal Opportunity Clause. (1984 APR)

6. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

7. THIS IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT FUNDED

BY THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT –

CONSTRUCTION MATERIALS (MAY 1993) IN ACCORDANCE WITH FAR

52.225-9 APPLIES.

8. THIS PROJECT IS A SMALL BUSINESS SET-ASIDE.

MAINTENANCE DREDGING

FEDERAL NAVIGATION CHANNEL

W912DS-15-B-0009

TABLE OF CONTENTS

SECTION NUMBER TITLE

CENTRAL CONTRACTOR REGISTRATION

CHECKLIST FOR BIDDERS

INSTRUCTIONS FOR BIDDERS

00 01 00 SOLICITATION, OFFER AND AWARD FORM

00 01 15 LIST OF DRAWINGS

00 70 00 CONTRACT CLAUSES

00 80 00 SPECIAL CONTRACT REQUIREMENTS

00 90 00 WAGE RATES

00 90 01 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

00 90 02 CZM AND WATER QUALITY CERTIFICATES

01 11 00 SUMMARY OF WORK

01 20 00.00 20 PRICE AND PAYMENT PROCEDURES

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 20 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 58 00 PROJECT IDENTIFICATION

35 20 23 DREDGING

35 20 29 DREDGED MATERIAL TRANSPORT AND PLACEMENT MONITORING

Maintenance Dredging of Flushing Bay and Creek, New York FLUSH15

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings, Maps and Specifications."

1.2 CONTRACT DRAWINGS

Contract drawings are as follows:

Maintenance Dredging of Flushing Bay and Creek, New York Federal Navigation Project

SHEET NO. REVISION TITLE

Sheet 1 Cover and Index

Sheet 2 General Location, Project and Vicinity Maps

Sheet 3 Sounding Map and Typical Cross Section - Options 1 and 2

Sheet 4 Sounding Map and Typical Cross Section - Options

2, 3 and 4

Sheet 5 Sounding Map and Typical Cross Section - Basic Work and Options 4, 5, and 6

Sheet 6 Sounding Map and Typical Cross Section - Basic Work

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 01 15 Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00

SPECIAL CONTRACT RQMTS

03/08

PART 1 GENERAL

1.1 SUBMITTALS

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK (1965 April OCE)

1.3 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING, AND DISPOSAL SITE

COMPLIANCE

1.3.1 Synopsis of Proposed Operation

1.3.2 Information Submitted by Apparent Low Bidder-35 Calendar Days

1.4 PERFORMANCE OF WORK BY THE CONTRACTOR

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

1.6 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

1.7 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS (JAN 1965)

1.8 PHYSICAL CONDITIONS

1.9 TIME EXTENSIONS (SEPT 2000)

1.10 LAYOUT OF WORK

1.11 DATUM AND BENCH MARKS

1.12 ESTIMATED QUANTITIES

1.13 VARIATION IN ESTIMATED QUANTITIES (MAR 1995)

1.14 HEAD PROTECTION

1.15 SIGNAL LIGHTS (FEB 1983)

1.16 REVERSE SIGNAL ALARM

1.17 MISPLACED MATERIAL (JAN 1965)

1.18 CONTINUITY OF WORK

1.19 FINAL EXAMINATION AND ACCEPTANCE

1.20 SHOALING

1.21 INSPECTION

1.22 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS

1.23 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE (MAR 1995)

1.24 FUEL USAGE

1.25 OIL TRANSFER OPERATIONS

1.26 WAGE RATES

1.27 LABOR-ADDITIONAL REQUIREMENTS

1.28 NOTICE TO MARINERS

1.29 ENVIRONMENTAL LITIGATION

1.30 NOISE LEVEL CRITERIA

1.31 CERF IMPLEMENTATION

1.32 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

1.33 PERFORMANCE EVALUATION OF CONTRACTOR (APR 1984)

1.34 PRICING OF ADJUSTMENTS (APR 1984)

1.35 PRECONSTRUCTION CONFERENCE

1.36 BID GUARANTEE

1.37 QUANTITY SURVEYS

1.38 SAFETY SIGN

1.39 PROJECT SIGN

1.40 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

1.41 SCHEDULING AND DETERMINATION OF PROGRESS

DOCUMENT 00 80 00 Page 1

1.42 SPECIAL PROHIBITION ON EMPLOYMENT

1.43 SUPERINTENDENCE OF SUBCONTRACTS

1.44 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

1.45 SUBMISSION OF CLAIMS

1.46 SAFETY REQUIREMENTS FOR OPERATING ADJACENT TO POWER LINES

1.47 CRANE AND DRAGLINES SAFETY REQUIREMENTS

1.48 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

1.49 ACCIDENT PREVENTION PLAN

1.50 DREDGING AND DREDGE RELATED MARINE WORK

1.51 PATENTS

1.52 VERIFICATION OF SMALL BUSINESS UTILIZATION

1.53 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.54 CONTRACT INFORMATION RELEASE.

1.57 (S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

PART 2 PRODUCTS

2.1 SIGNAGE

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 80 00 Page 2

SECTION 00 80 00

SPECIAL CONTRACT RQMTS

03/08

PART 1 GENERAL

1.1 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

Order of work; G Accident prevention plan; G Quality control plan; G Letter appointing superintendent List of subcontractors Environmental protection plan; G Progress schedule; G Submittal register List of proposed products Work plan

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK (1965 April OCE)

The Contractor will be required to commence work under this contract within five (5) calendar days after the date of receipt by him of the notice to proceed, to prosecute said work diligently and to complete the Basic Work and Options, if exercised, in the number of calendar days after the date of receipt by him of the notice to proceed, as summarized in the table below.

BID SCHEDULES TOTAL ESTIMATED

QUANTITY (CY)

CONTRACT TIME FOR COMPLETION

(Calendar Days)

Basic Work 103,040 53

Option 1 34,505 16

Option 2 24,000 11

Option 3 51,990 23

Option 4 10,930 5

Option 5 7,735 4

Option 6 47,950 22

Any options will be exercised, at the Government's discretion, within forty-six (46) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work), if they are exercised at all.

DOCUMENT 00 80 00 Page 3

Should the total quantity of material exceed the estimated quantities within the Solicitation Contract Form, additional time will be allowed at the rate of one (1) calendar day for each 2,250 cubic yards in excess of the established limit. The time stated for completion shall include final clean up.

The entire work (basic and options) is estimated to cost more than $10,000,000.00 and $25,000,000.00.

The work is anticipated to be performed within the approximate time period of September 2015 to January 2016.

Scow monitoring is required for this project. The contractor is required to comply with Section 35 20 29 entitled "DREDGED MATERIAL TRANSPORT AND PLACEMENT MONITORING", of these specifications.

Sampling and testing has been conducted by the Government and the test results are included in the specifications in Section 00 90 01 as Attachment J. The Apparent Low Bidder shall coordinate with the State(s) to obtain necessary offloading, transportation, dewatering, processing, and disposal permits/requirements of the site(s) identified by the Apparent Low Bidder.

The contractor shall be solely responsible for coordinating, obtaining, and complying with all the offloading, transportation, dewatering, processing and disposal permits/requirements of the site(s) identified by the contractor.

The current New York State Department of Environmental Conservation Water Quality Certificate for Flushing Bay and Creek maintenance dredging is included in Section 00 90 02. The contractor must comply with all conditions of the NYSDEC WQC.

The Apparent Low Bidder is required to obtain Environmental Clearance on all quantity as per the Supply/Services (Price) Schedule.

1.3 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING, AND DISPOSAL SITE

COMPLIANCE

The following will be used to determine the Bidder's responsibility: The Apparent Low Bidder must perform all work to demonstrate to the Government within 35 calendar days from the date the Apparent Low Bidder is notified of being the Apparent Low Bidder: that the contractor-identified offloading, processing and disposal site(s) is operational, capable of processing and disposing of all the dredged material on that date for the in-situ quantity as per the Supplies/Services (Price) Schedule; and that it is in compliance with the New York State Department of Environmental Conservation Water Quality Certificate and Federal Consistency Determination Policies or other host state compliance as appropriate.

Offloading, processing and disposal of the dredged material shall be in a fully permitted facility that has been permitted by the host state, with beneficial reuse wherever possible. Dredging, dewatering and/or other processing (if any), transfer, transportation and material disposal shall be performed in accordance with applicable laws and requirements of all associated permits, approvals and government authorities having jurisdiction.

DOCUMENT 00 80 00 Page 4

1.3.1 Synopsis of Proposed Operation

As part of the work plan,the low bidder shall include a narrative of no more than seven (7) pages detailing the operation to move the dredged material from the dredging site to its state approved, permitted placement site that the Apparent Low Bidder has identified. The synopsis shall provide suitable detail to adequately track the material from dredging, through offloading, transportation and processing to its ultimate placement. The synopsis shall include but not be limited to the following:

a. Provide a list of the names, locations, and point of contact, telephone number, offloading and loading facilities for each processing and/or disposal facility including site capacity.

b. Provide a detailed map indicating locations of offloading and loading facilities or area within the proposed property to be utilized, for each disposal location, with a description of the material handling process at each disposal location.

c. Provide hours of operation, transportation and operating procedures at offloading facilities.

d. Provide Facilities information: access to offloading facilities, acceptable scow size, disposal site O&M manual, demurrage time to unload scow or trucks, anticipated processing time and placement materials, and other facility restriction if any.

e. Provide a detailed description of the dredging procedure proposed to include the identification of dredges, buckets, scows, tugs and other salient equipments to be used for the project.

f. Submit a detailed description of the loading and transportation procedures to be utilized.

1.3.2 Information Submitted by Apparent Low Bidder-35 Calendar Days

The Apparent Low Bidder shall submit five (5) copies of the following information within 35 Calendar days from the date notified of being the Apparent Low Bidder.

a. Name of the contractor-identified offloading, processing and disposal site(s).

b. Location (street address, city, state) of the contractor-identified site(s).

c. Point of Contact for the contractor-identified site, e-mail and telephone number.

d. Evidence of Anticipated Daily Production Capability - Evidence of the anticipated daily production capability (CY/day) and the output rates for the proposed integrated system of dredging, offloading, transportation, processing, and placement for each contractor-identified site(s).

e. Offloading, processing and disposal Site Elements Information:

(1) State the capacity of each element of the system. This should include both the total capacity and uncommitted capacity of

DOCUMENT 00 80 00 Page 5 the disposal site(s), as well as the average daily production rate and workdays per week that the processing site will operate.

(2) Time frame for availability for each element of the system:

hours of operation in each day; days of operation in each week;

months of operation in each year.

(3) Location of each element of the system: Descriptions with reference maps; Distances between the elements, measured in miles.

f. Offloading, Processing and Disposal Site(s) Construction Activity Schedule and Project Construction Schedule - A schedule showing the order in which the Apparent Low Bidder proposes to perform the work and the dates on which the Apparent Low Bidder contemplates starting and completing the salient features of work (including acquiring materials, plant and equipment...etc). The schedule shall indicate that the production rate of the facility is sufficient to ensure that the project will be completed within the contract's required completion date. The Apparent Low Bidder shall consider its proposed integrated system of dredging, transportation, processing, and placement. The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion by any given date during the period. The Apparent Low Bidder must indicate on this schedule the salient features of work for the contractor-identified offloading, processing and disposal site(s) that are needed to be completed within 35 calendar days from the date the Apparent Low Bidder is notified of being the Apparent Low Bidder so that the site(s) is operational, capable of processing and disposing of all the dredged material for the in-situ quantity identified in the price schedule.

g. Evidence demonstrating that the contractor-identified offloading, processing and disposal site(s) is Permitted, Operational, Capable of Offloading, Processing and Disposing Dredged Material from the project site. The Apparent Low Bidder must demonstrate to the Government within 35 calendar days from the date it is notified of being the Apparent Low Bidder that the contractor-identified offloading, processing and disposal site(s) is permitted, operational, capable of processing and disposing of all the dredged material for the in-situ quantity as per the Price Schedule. The Apparent Low Bidder must also identify by calendar day 35 that the offloading, processing and/or disposal site(s) is in compliance with the New York State Department of Environmental Conservation Policies or other host state compliance as appropriate for the offloading, processing and disposal of all dredged material. Sampling and testing necessary for obtaining permits required for dredged material transportation, processing or placement has been performed by the Government and the results have been made available as part of these specifications in Section 00 90 01 as Attachment J. The Apparent Low Bidder must provide to the Government proof that the material to be dredged from the project site to the Apparent Low Bidder's upland site(s) meets all regulatory testing requirements.

h. Copies of Required Permits - The Apparent Low Bidder shall provide copies of all required permits and approvals for dewatering and/or other processing (if any), the transfer, transportation and final disposal of all dredged materials (basic and all options), and shall submit evidence of such permits and approvals to the Government.

Documentation of compliance with any other legal or regulatory

DOCUMENT 00 80 00 Page 6 requirement has been provided to the Government including Water Quality Certificates (WQC) in accordance with Section 401 of the Clean Water Act, Federal consistency determinations (FCD), and State agreement pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended, for activities conducted in a state which has a federally approved Coastal Zone Management program. WQC and CZM permits related to the dredging (as opposed to dredged material transport, disposal and placement) have been provided by the New York District U.S. Army Corps of Engineers in these specifications in Section 00 90 02.

i. The Apparent Low Bidder must provide:

(1) Proof of the contractor-identified Offloading, Processing and/or Disposal Site(s) being licensed for acceptance of dredged material by all appropriate regulatory entities (permits for the site previously provided should be also included in this submission).

(2) Proof of Offloading, Processing and Disposal Site(s) Owner's approval granting the Apparent Low Bidder the right to offload, process and/or dispose dredged material at that site.

(3) Proof of Disposal Site(s) uncommitted capacity adequate for the project.

(4) Certification of the offloading, processing and/or disposal Site's availability corresponding to the current project schedule.

(5) Proof of approval by the appropriate regulatory agencies that the dredged material for this contract is compatible for processing and/or disposal at the proposed processing and/or Disposal Site(s).

(6) Demonstrate minimum required offloading, processing and disposal Site(s) production capability to ensure that the project will be completed within the contract requirement. The Apparent Low Bidder shall provide the estimated daily production rates for processing and disposal for each contractor-identified disposal site(s).

(7) Proof of Apparent Low Bidder's experience in the proposed offloading, processing and disposal Site(s) operations, or, provide supplemental information demonstrating ability to execute the proposed disposal method, if no direct experience is applicable.

j. Transportation Capabilities - The Apparent Low Bidder must provide the following:

(1) Provide proof and certification that sufficient transportation capabilities are available to ensure that the project will be completed within the contract requirement. Provide proof that the proposed transportation equipment has current permits, licenses, registrations, or other required certifications.

(2) Provide proof of the Apparent Low Bidder's experience in the proposed dredged material transportation or provide supplemental information demonstrating the ability to execute the proposed transportation method, if no direct experience is applicable.

DOCUMENT 00 80 00 Page 7

k. Processing Capabilities - The Apparent Low Bidder must provide the following:

(1) Provide detailed description of the proposed processing technology, including but not limited to, the following stages, if applicable:

i. Dewatering, addressing retention time, any limitations on return of effluent, limitations on location for effluent release, proposed method for effluent disposal, if applicable. Debris removal, addressing the methods of removal and disposal.

ii. Material treatment, specifying the method of treatment, additives used during the processing, mechanical processing used, decontamination methods incorporated, stabilization methods incorporated, and chemical treatment (if any).

iii. Interim storage, if required, identifying the method of storage, required and available storage capacity, and the time frame it will be used, if applicable.

iv. Rehandling of material (if any) used in the processing of dredged material affecting the project.

(2) Provide any permits and/or licenses applicable to the proposed process, if any.

(3) Provide any patented or proprietary permissions applicable to the proposed process, if any. See paragraph 1.51 of this Section 00 80 00 for additional information on patents.

(4) Provide proof of processing plant availability for use by the Apparent Low Bidder.

(5) Certify processing plant's availability corresponding to the current project schedule.

(6) Provide proof of Apparent Low Bidder's experience in the proposed processing method or, provide supplemental information demonstrating ability to execute the proposed processing method, if no direct experience is applicable.

1.4 PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on the site, and with its own organization and equipment, 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 performance of the work, the Contractor requests a reduction and the Contracting Officer and/or his Authorized Representative determines that the reduction would be to the advantage of the Government. (FAR 52.236-01)

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

The Contractor shall furnish the Contracting Officer and/or his Representative, within five (5) days after award, items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in

DOCUMENT 00 80 00 Page 8 paragraph 1.4 of this Section 00 80 00 , entitled: "PERFORMANCE OF WORK BY

THE CONTRACTOR."

1.6 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 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 $1,605.00 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.

1.7 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS (JAN 1965)

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 or Contracting Officer's Representative 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.

c. In general:

(1) Large-scale drawings shall govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings; and

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

d. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of 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 following contract drawings and maps, all of which form a part of these specifications and are available in the office of the District Engineer, U.S. Army Corps of

DOCUMENT 00 80 00 Page 9

Engineers, New York District, 26 Federal Plaza, New York, N.Y.

10278-0090:

File No. 1 - Maintenance Dredging of Flushing Bay and Creek, New York

SHEET NO. DESCRIPTION

1 Cover and Index

2 General Location, Project and Vicinity Maps

3 Sounding Map and Typical Cross Section - Options 1 and 2

4 Sounding Map and Typical Cross Section - Options 2, 3 and 4

5 Sounding Map and Typical Cross Section - Basic Work and Options 4, 5 and 6

6 Sounding Map and Typical Cross Section - Basic Work

f. The Contractor shall check all drawings furnished to him immediately upon their receipt and shall promptly notify the Contracting Officer or Contracting Officer's Representative of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements unless dimensions are specified.

Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have thereby been avoided (DOD FAR Suppl.

52.236-7002).

1.8 PHYSICAL CONDITIONS

The information and data furnished or referred to below are not intended as representations or warranties but are furnished for information only. It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn by the Contractor.

a. WEATHER CONDITIONS. The site of the work is not exposed to severe

DOCUMENT 00 80 00 Page 10 wind and wave action and the Contractor's operations are not likely to be affected by ordinary storms. Real-time data are available on the World Wide Web at http://www.ndbc.noaa.gov/index.shtml.

(1) Fog. An examination of the records of the U.S. Weather Bureau at John F. Kennedy International Airport, New York, discloses an average of 31 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the New York Harbor area. The maximum number of days in which dense fog occurred in any month was 4 days in June.

(2) Winds and Waves. Wind and wave climate in the New York Bight area, based upon hourly data obtained from NOAA's National Buoy Center (NDBC) observation at Station KPTN6 - Kings Point, NY (8516945) is provided below.

MONTH AVERAGE WIND SPEED (MPH) PEAK WIND GUST (MPH)

JANUARY 9.8 59.3

FEBRUARY 10.4 55.3

MARCH 9.2 56.4

APRIL 8.1 44.3

MAY 6.9 47.2

JUNE 6.3 48.3

JULY 6.3 49.5

AUGUST 5.8 48.9

SEPTEMBER 6.9 47.2

OCTOBER 8.6 49.5

NOVEMBER 8.6 50.1

DECEMBER 9.8 59.3

(3) Weather conditions exceeding in severity the fog conditions stated above, wind speeds exceeding 25 mph, or wave heights exceeding 3 feet in height for over an hour, will be considered "Unusually Severe" if delays are caused thereby to operations for more than 50% of the day under this contract.

(4) ICE. Icing within the project vicinity is not anticipated.

However, in the event that icing does occur, this will be considered "Unusually Severe" weather if delays are caused thereby to operations for more than 50% of the day under this contract.

(5) TIDES. The mean range of tide at the Northern Boulevard

DOCUMENT 00 80 00 Page 11

Bridge in Flushing Creek, Queens, New York is 6.8 feet and the mean range of spring tides is 8.1 feet. Irregular fluctuations due to wind and atmospheric pressure have varied from about 14.4 feet about mean low water to about 3.9 feet below mean low water.

b. TRANSPORTATION FACILITIES. Flushing Bay and Creek: Based on a plans and specifications survey performed in February 2015, a controlling depth of approximately -3.1 feet mean lower low water is present at the site of the work. Railroads and highways serve the locality/project vicinity.

c. BRIDGE AND UTILITY CROSSINGS. A search of the regulatory files within New York District, Corps of Engineers disclosed the following submarine pipelines and/or structures in the vicinity of the area to be dredged:

The Contractor shall take all necessary precautions to prevent damage to these structures. The Contractor is required to coordinate with the owners, if such action is necessary, to mark the structures or move the cables in order to avoid interference with dredging operations. Copies of all permits are available upon request. Please allow sufficient lead time.

Flushing Bay and Creek

ITEM NO. PERMIT NO. ISSUED APPLICANT

1 53 13 JANUARY 1920 NY Telephone Co

2 154 29 OCTOBER 1920 NY and Queens Electrict Light and Power Co

3 156 5 NOVEMBER 1920 NY and Queens Electric Light and Power Co

4 664 8 JANUARY 1963 NY City Dept of Public Works

5 754 5 FEBRUARY 1925 Interborough Rapid Transit Co

DOCUMENT 00 80 00 Page 12

ITEM NO. PERMIT NO. ISSUED APPLICANT

6 1067 3 SEPTEMBER 1926 NY Telephone Co

7 1171 11 APRIL 1927 NY and Queens Electric Light and Power Co

8 1403 25 APRIL 1928 NY And Queens Gas Co

9 1473 2 JULY 1928 Brooklyn Ash Removal Co, Inc

10 1657 5 DECEMBER 1937 NY Telephone Co

11 1681 18 JULY 1929 NY and Queens Electric Light and Power Co

12 1714 21 AUGUST 1929 NY Telephone Co

13 2698 2 DECEMBER 1935 NY Telephone Co

14 2769 13 DECEMBER 1944 Civil Aeronautics Administration

DOCUMENT 00 80 00 Page 13

15 2872 7 APRIL 1937 NY Telephone Co

16 2876 10 APRIL 1937 NY and Queens Electric Light and Power Co

17 3433 11 SUGUST 1948 NY Telephone Co

18 4155 16 NOVEMBER 1951 NY Telephone Co

19 4224 15 APRIL 1952 EDO Corp

20 5177 28 DECEMBER 1956 Consolidated Edison Co of NY, Inc

21 5187 21 JANUARY 1957 NY Telephon Co

22 5406 3 DECEMBER 1957 NY Telephone Co

23 5420 16 JANUARY 1958 Construction Aggregates Corp

DOCUMENT 00 80 00 Page 14

24 5691 1 APRIL 1959 Consolidated Edison Co of NY, Inc

25 5863 20 NOVEMBER 1959 Consolidated Edison Co of NY, Inc

26 6358 8 JANUARY 1962 NY Telephone Co

27 6489 9 JULY 1962 Consolidated Edison Co of NY, Inc

28 6694 10 OCTOBER 1963 NY Telephone Co

29 7109 15 OCTOBER 1965 NY Telephone Co

30 7362 8 NOVEMBER 1966 NY Telephone Co

31 7655 16 APRIL 1968 NY Telephone Co

32 8189 4 JANUARY 1971 NY Telephone Co

DOCUMENT 00 80 00 Page 15

33 1918-00458 30 AUGUST 1918 NY and Queens Electric Light and Power Co

34 1928-01938 18 APRIL 1928 NY and Queens Gas Co

35 1936-03179 13 JULY 1936 NY City Dept of Parks

36 1973-00045 26 AUGUST 1974 NY City Dept of Water Resources

37 1973-00280 9 SEPTEMBER 1974 Investors Collateral Corp

38 1973-00349 11 FEBRUARY 1974 NY City Dept of Water Resources

39 1986-00075 22 JANURY 1987 NY City Dept of Environmental Protection

40 1995-06560 3 APRIL 1996 City of NY Dept of Parks and Recreation

DOCUMENT 00 80 00 Page 16

41 1995-06850 18 APRIL 1996 NY City Dept of Environmental Protection

d. BRIDGES. The Whitestone Parkway Bridge and the Northern Boulevard Bridge are both roadway bridges that span Flushing Creek. The contractor shall exercise the utmost caution when dredging in the vicinity of any bridge, pier, abutment, or bulkhead to prevent the collapse, undermining or damage to these structures. In no case shall the contractor moor any plant to or tie any line, cable, chain or anchor line around any part of a bridge structure, pier, abutment or bulkhead connected therewith.

e. CHANNEL TRAFFIC. Vessel traffic in the Flushing Bay and Creek vicinity is mild to heavy. Traffic consists of seagoing bulk and general cargo freighters, tankers, container ships, and miscellaneous small craft. Vessel traffic may cause some delay to the dredging required in these specifications.

f. OBSTRUCTION OF CHANNEL. The Government will not undertake to keep the area free from vessels or other obstructions except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with the provisions of section 7 of the Rivers and Harbors Act in such manner as to obstruct navigation as little as possible, and in case the contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore.

g. NAVIGATION AIDS. The Contractor shall not relocate or move any aids to navigation that have been established by the U.S. Coast Guard.

If it becomes necessary to have any aids to navigation moved in order to complete dredging operations under this contract, the Contractor shall notify the appropriate Coast Guard Office, with a copy to the

DOCUMENT 00 80 00 Page 17

Contracting Officer and/or his Representative, not less than 30 days prior to the need for movement. The Contractor shall notify the appropriate Coast Guard Office of the approximate time of completion of dredging.

h. LOCATION. Flushing Bay and Creek Federal Navigation Project is located in Queens County, New York.

i. LAYING OF SUBMERGED PIPELINES AND OBSTRUCTIONS OF CHANNEL. Should it become necessary in the performance of this contract to close a channel to lay submerged pipeline across a navigable channel, the Contractor shall notify the Contracting Officer or Contracting Officer's Representative in writing to be received in the District office at least ten working days prior to the desired closure date.

This notification shall furnish the following:

(1) Location (Channel Centerline Stationing) and depth (above the top of the pipeline) at which the submerged line will be placed;

(2) The desired length of time the channel is to be closed for installation of the pipeline;

(3) The date and hour placement or removal will commence;

(4) The date and hour of anticipated completion; and

(5) The name and telephone number of the person to be contacted for information and response to any emergency condition.

j. The Coast Guard has indicated that the requirements of navigation may make it necessary to establish times other than those requested.

IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO COORDINATE HIS PLANS

WITH THE COAST GUARD SUFFICIENTLY IN ADVANCE OF THE PLANNED CLOSING TO

PREVENT DELAY TO THE DREDGING OPERATIONS AND COMPLY WITH THE COAST

GUARD REQUIREMENT.

k. BRIDGE-TO-BRIDGE RADIO-TELEPHONE EQUIPMENT. In order that radio-telephone communication may be made with passing vessels, all dredges engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio-telephone equipment on VHF Channel 13 (156.65 MHz with low power output having a communication range of approximately ten (10) miles). The Federal Communication Commission has approved the frequency.

1.9 TIME EXTENSIONS (SEPT 2000)

a. Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

b. If a time extension is requested due to adverse weather conditions, the contractor must chronologically list each day that was lost due to adverse weather conditions with his daily reports. The Contracting

DOCUMENT 00 80 00 Page 18

Officer or his Representative will examine whether the contractor is entitled to a time extension. The adverse weather days must prevent work for 50% or more of the contractor’s work day and delay work critical to the timely completion of the project. The Contracting Officer or his Authorized Representative will convert any delays meeting the above requirements to calendar days and issue a modification in accordance with Contract Clause “CHANGES.”

1.10 LAYOUT OF WORK

The Government will provide the basic horizontal control data (coordinated triangulation stations) in the area. The Contractor shall compute and establish in the field all range points required for the proper discharge of his functions. The Contractor shall be responsible for the accuracy of the range points and its computations. The Contractor shall furnish, at his own expense, all stakes, templates, platforms, equipment, range markers, tide staffs and labor as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades as required or indicated by the Contracting Officer or his representative. It shall be the responsibility of the Contractor to maintain and preserve all established stakes and markers.

The Contractor may be required to suspend dredging at any time when for any reason the gauges or ranges cannot be seen or properly followed.

Contractor shall contact the New York District Survey Section at (201) 333-0284 for any future reference to horizontal control data.

1.11 DATUM AND BENCH MARKS

Generally, elevations in these specs refer to the plane of Mean Lower Low Water Datum (MLLW) below the North American Vertical Datum of 1988 (NAVDS99). The plane of reference of Mean Lower Low Water (MLLW) as used in the USACE drawings and these specifications is that determined by the following benchmarks and tide gauges:

Flushing Bay and Creek

Benchmark: TIDAL 721 STA II 5

PID: KU1110

Elevation: 9.05' (NAVD 1988)

Benchmark: TIDAL 2 STA II 5

PID: KU1111

Elevation: 10.35' (NAVD 1988)

Datum: MLLW (Mean Lower Low Water) is 3.9 feet below NAVD 1988

The contractor may contact the New York District Survey Section at (201) 333-0284 for assistance in establishing the location of the bench marks and the tide gages.

1.12 ESTIMATED QUANTITIES

The total estimated quantities of material necessary to be removed from the specified limits to complete the work described in this specifications are computed from the plans and specifications survey performed in the Flushing Bay and Creek project area in February 2015.

DOCUMENT 00 80 00 Page 19

Distribution of volumes is summarized below:

Flushing Bay and Creek

Work Area Dredging Depth (ft) Mean Lower

Low Water

Channel to Grade

(CY)

Channel Overdepth, 2' (CY)

Slope to Grade

(CY)

Slope Overdepth, 2' (CY)

ESTIMATED

TOTAL (CY)

Basic Work -15 44,140 29,825 19,225 9,850 103,040

Option 1 -15 14,300 16,255 1,645 2,305 34,505

Option 2 -15 7,900 13,570 895 1,635 24,000

Option 3 -15 23,510 15,965 7,575 4,940 51,990

Option 4 -15 2,945 5,205 990 1,790 10,930

Option 5 -15 2,280 4,695 260 500 7,735

Option 6 -15 29,995 14,470 2,315 1,170 47,950

Total Estimated Quantity Available (Basic Work + All Options): 280,150 CY

The Government will survey the project prior to starting work.

Above estimated quantities were computed from the data shown on the contract drawings. The quantities that may be removed and paid for will be computed by the Triangulated Irregular Network (TIN) method or average end area method as indicated in the Technical Specifications, Section 01 22 00.00 10, entitled "MEASUREMENT AND PAYMENT."

1.13 VARIATION IN ESTIMATED QUANTITIES (MAR 1995)

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

DOCUMENT 00 80 00 Page 20 adjustment in the contract unit price will be made upon the 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. An 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. (UAI 52.211-5001 Variation in Estimated Quantities

MAR 1995)

1.14 HEAD PROTECTION

THE ENTIRE WORK SITE UNDER THIS CONTRACT IS DESIGNATED AS A HARD HAT AREA.

The Contractor shall post the area in accordance with the requirements of paragraph 05.D.01, EM 385-1-1, and shall ensure that all prime and subcontractor personnel, vendors, and visitors utilize hard hats while within the project area. (EM 385-1-1 30 Nov 2014)

1.15 SIGNAL LIGHTS (FEB 1983)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no light signals can be displayed. Vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipelines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels or floating plant working in navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels on the high seas (33 CAR 81 App. A-72 COLREGS, Part C), vessels in inland waters (33-CFR 93.18 - 93.31a), and vessels in western rivers (33 CFR 95.5.51 - 95.70)), as applicable.

(DAEN-PRP Ind dtd. 12 Sep. 83)

1.16 REVERSE SIGNAL ALARM

a. All construction equipment, except light service trucks, panels, pickup trucks, station wagons, crawler-type cranes, power shovels and draglines, whether moving alone or in combination shall be equipped with reverse signal alarms. The alarm shall be mounted on the rear of the equipment and shall be protected or constructed as to withstand severe wear and tear, adverse weather and unfavorable environmental working conditions and shall be certified by the manufacturer to fully meet the following performance standards.

b. The alarm shall produce a relatively pure tone which shall peak within the American National Std's. Inst. standard octave pass band of 600 to 2400 cycles per second and shall produce a 0.2 to 0.5 second audible warning within the initial three (3) feet of backward movement of the vehicle on which it is mounted and at regular intervals, not to exceed three (3) seconds throughout the backward movement. The alarm shall automatically stop when backward movement ceases. The sound intensity of the alarm shall range from and not exceed 90-100 db (decibels) at a horizontal distance of five feet from the alarm.

c. Actuation of the alarm shall be automatic by direct connections to any part of the equipment that moves or acts in a manner distinctive only to the rearward movement of the vehicle with no manual controls of any kind between the source of actuation and the alarm. Where

DOCUMENT 00 80 00 Page 21 application of this requirement to specific types of the equipment has impractical application, other means of actuation may be used upon written approval of the Contracting Officer and/or his Authorized Representative.

d. The use of the alarm shall be in the addition to prescribed requirements for signalmen.

1.17 MISPLACED MATERIAL (JAN 1965)

Should the Contractor during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer and/or his Authorized Representative may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer and/or his Representative or inspector, and when required shall mark or buoy such obstruction until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer and/or his Representative, and the cost of such removal may be deducted from any money due or to become due to the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the Rivers and Harbors Act of March 3, 1899 (33 USC. 410 et seq.) (DOD FARS SUPPL. 52.236-7006).

1.18 CONTINUITY OF WORK

No payment will be made for work done in any area designated by the Contracting Officer and/or his Representative 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 or Contracting Officer's Representative. 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 gauges or ranges cannot be seen or properly followed.

1.19 FINAL EXAMINATION AND ACCEPTANCE

a. As soon as practicable after the completion of the entire work, as in the opinion of the Contracting Officer and/or his Authorized Representative, will not be subject to damage by further operation under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer and/or his Authorized Representative. Only after the contractor has submitted a complete survey of the entire contract area(s), and submitted mapping and all data acquired to create such map, will the government perform its survey. Raw data, edited survey data with all supporting files and documentation, and all data generated during such work shall be furnished by the Contractor to the Contracting Officer and/or his Authorized Representative. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dredging at the contract rate for dredging

DOCUMENT 00 80 00 Page 22 or by other method approved by the contracting officer, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoals may be waived by the discretion of the Contracting Officer and/or his Authorized Representative. The Contractor or his Authorized Representative will be notified when soundings and/or sweepings are to be made, and will be required to accompany the survey party. When the entire contract area(s) is found to be in a satisfactory condition, it will be accepted as final. Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping operations, this work will be charged against the Contractor. The rate for each day in which the Government plant is engaged in such sounding or sweeping operations and/or is en route to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $12,500.

b. Final acceptance of the entire work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of the entire work shall not change the time of payment of the…