Amendment_0001.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 the Amendment is to:

1) Issue Survey data: ERSB16 P&S Survey xyz data.xyz

2) Revise and reissue Specification Section 00 90 01.

3) Revise and reissue Section 00 73 00

4) Change all references in Specs of volume to be dredged from 366,316 CYs to 320,629 CYs.

5) Change all reference in Specs and 1442 of days to complete all w ork from 58 days to 53 days

NOTE: Bidders must acknow ledge receipt of this amendment by date specified in the bid (or as amended) by one of the follow ing methods:

In the space provided on the SF 1442, by separate letter, or by signing block 15 below .

FAILURE TO ACKNOWLEDGE AMENDMENT BY DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THELATE

BID, LATE MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 36

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

16C. DATE SIGNED

BY 05-Jul-2016

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 W912DS-16-B-0009

X 9B. DATED (SEE ITEM 11)

14-Jun-2016

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

05-Jul-2016

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-16-B-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 0001

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION/CONTRACT FORM

The contractor period of performance end date has decreased by 5 days from 58 days to 53 days.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

FOB: Destination

NET AMT

0002 320,629 Cubic

Yard

Basic - Work Area 1

These are estimated quantities.

0003 1 Job Black Box Monitoring Unit

TOTALS

TOTAL BASE BID (CLINS 0001 THRU 0003) $_____________________________

NOTES

1: Bidders must bid on all items. Failure to bid on all item will be cause for rejection of the bid as non-responsive.

2: Award of contract will be based on the responsible and responsive bidder with the lowest total price for the total of the Basic Work.

3: All bidders are hereby advised that the quantities for placement in the price schedule are estimated and based on the survey data collected in October and November 2015.

4: The Government may reject a bid as non–responsive if the prices bid are materially unbalanced between line items and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low bid.

5: The Basic Work (320,629 CY) should be completed in fifty eight (53) calendar days after acknowledgement by the contractor of Notice to Proceed.

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within five (5) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than fifty three (53) calendar days .

(End of clause)

The following have been added by full text:

AMENDMENT 0001

South Brother Island - Maintenance Dredging

AMENDMENT 0001 to DRAWINGS and SPECIFICATIONS for South Brother Island – Maintenance Dredging

TO BIDDERS

The following changes shall be made to the drawings and specifications.

DRAWINGS

1. The following DRAWINGS have been REVISED:

- None

2. The following DRAWINGS have been REVISED.

- None

3. The following DRAWINGS have been ADDED:

- None

SPECIFICATIONS:

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

- none

2. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

-Section 00 90 01

3. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

- none

Revised Special Contract Requirement

SECTION 00 73 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;

Accident prevention plan; G Quality control plan; G Letter appointing superintendent;

List of subcontractors;

Environmental protection plan; G Progress schedule; G Submittal register;

Work plan;

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK

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 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 SCHEDULE TOTAL ESTIMATED

QUANTITY (CY)

CONTRACT TIME FOR COMPLETION (Calendar Days)

Basic Work ‐ Dredging, Transportation and Placement

320,629 53

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 8,000 cubic yards in excess of the established limit. The time stated for completion shall include final clean up.

The entire work (Mob/Demob and Basic Work) is estimated to cost approximately $1,000,000.00 to $5,000,000.00.

The work is anticipated to be performed within the approximate time period of October 2016 to December 2016

Based on the plans and specifications survey performed on 30 October 2015 and 2 & 3 November 2015, the maximum quantity available to be dredged and transported to the HARS is 320,629 CY from the contract areas in East River

- South Brother Island Channel, NY. For a detailed breakdown of quantity available to be dredged, see paragraph 1.12 "ESTIMATED QUANTITIES" in this Section of the Specifications.

Scow monitoring is required for this project. The contractor is required to comply with Section 35 20 23.10 18 entitled "DREDGED MATERIAL TRANSPORT, PLACEMENT AND 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 current New York State Department of Environmental Conservation (NYSDEC) Water Quality Certificate (WQC), for the maintenance dredging of East River

- South Brother Island, NY Federal Navigation Project is included in Section 00 90 02. The contractor must comply with all conditions of the NYSDEC WQC and its amendment.

Per the NYSDEC WQC, in the Basic Work - Dredging Area, dredging is prohibited from May 1st through July 31st in order to protect long legged wading birds that nest on South Brother Island and dredging us prohibited from July 1st to September 31st to mitigate the adverse impacts of seasonal hypoxia.

The Coastal Zone Management (CZM) Consistency Determination and the NYSDOS Concurrence with the Consistency Determination is included in Section 00 90

02. The contractor must comply with all conditions of the CZM Consistency Determination and NYSDOS Concurrence with the Consistency Determination.

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

Please take note of the Advisory Circular in Section 00 90 02, Para. 3.1.3.

If the Apparent Low Bidder's proposed construction methods meet any of the requirements set forth in the attachment and/or the referenced regulations, the Apparent Low Bidder must notify the Administrator of the Federal Aviation Administration (FAA) via Form 7460-1, as attached in 00 90 02, Para. 3.1.3.

1.3 NOT 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 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 paragraph 1.4, entitled: "PERFORMANCE OF WORK BY THE CONTRACTOR."

1.6 LIQUIDATED DAMAGES-CONSTRUCTION

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 $2,012.00 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

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 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; 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 Engineers, New York District, 26 Federal Plaza, New York, N.Y. 10278- 0090:

Maintenance Dredging of East River ‐ South Brother Island, NY Federal Navigation Project

SHEET NO. DESCRIPTION

1 Index

2 Location Map, Dredging Map, Typical Cross Section

3 Dredging Area, Hydrographic Survey Map, North

4 Dredging Area, Hydrographic Survey Map, South

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 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 <URL>http://www.ndbc.noaa.gov/index.shtml</URL>.

(1) Fog. An examination of the records of the U.S. Weather Bureau at Laguardia International Airport, New York, discloses an average of 20 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 May.

(2) Winds and Waves. Wind and wave climate in the western Long Island Sound 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 AVE WIND SPEED (MPH) PEAK WIND GUST (MPH)

JAN 9.8 59.3

FEB 10.4 55.3

MAR 9.2 56.4

APR 8.1 44.3

MAY 6.9 47.2

JUN 6.3 48.3

JUL 6.3 49.5

AUG 5.8 48.9

SEP 6.9 47.2

OCT 8.6 49.5

NOV 8.6 50.1

DEC 9.8 59.3

(3) Weather conditions exceeding in severity the fog conditions described above or average wind speeds exceeding 25 mph, or wave heights exceeding 3 feet 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 during the contract period is not anticipated. However, in the event that icing does occur, this will be considered to be 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 Kings Point, NY U.S.

Coast Guard Academy is 7.16 feet and the mean range of spring tides is 7.8 feet. Irregular fluctuations due to wind and atmospheric pressure have varied from 6.44 feet above MLLW and -3.53 below MLLW for the dredging area.

b. CHANNEL TRAFFIC AND TRANSPORTATION FACILITIES. East River - South Brother Island, NY: Based on a plans and specifications survey performed on 30 October 2015 and 2 & 3 November 2015, a controlling depth of approximately -22.8 feet MLLW is present at the site of the work. Channel users consist of medium draft interharbor bulk and general cargo barges, fuel barges, sewage carrier barges, and miscellaneous small craft vessels. Some petroleum products are transported via South Brother Island Channel, however the main channel of the East River, NY Federal Navigation Channel sees heavy vessel traffic that might use the South Brother Island Channel for relief..

Vessel traffic may cause some delay to the dredging required in these specifications. Railroads and first class highways serve the locality / project vicinity.

c. BRIDGE AND UTILITY CROSSINGS.

UTILITY CROSSINGS:

A search of the regulatory files within New York District, Corps of Engineers disclosed the following structures crossing the East River - South Brother Island, NY channel in the vicinity of the area to be dredged:

ITEM NO. PERMIT NO. DESCRIPTION

1 997/3 and 997/10

22 March 1922: A steel armored submarine cable exits the channel on the natural bottom in the North Brother Island Channel, East River between North Brother Island and Rikers Island. The Department of the Army permits No. 997/3 dated 22 March 1922 and No. 997/10 dated 27 September 1928 issued to the New York Edison Company

2 3468/5 15 July 1938: A 16‐inch submarine water pipe in a trench (approximately 6 feet below natural bottom) exists from the foot of Steinway Street, Queens to Rikers Island. Issued to the Department of Water Supply, Gas and Electricity, City of New York.

3 14054 2 July 1986: A 24‐inch subaqueous water main on top of the 16‐inch subaqueous water pipe and embedded with broken stone above and below running from the northeasterly building line of Berrian Blvd and Steinway Street from Steinway to Rikers Island passing the Southern edge of the turning basin of South Brother Island Channel in Bowery Bay.

4 4598 25 March 1954: One 3‐inch submarine cable exists between Rikers Island and North Brother Island in approximately 21 feet below mean low water. It was issued to the New York Telephone Company.

5 6678 13 September 1963: One 12‐inch submarine water main in a trench at least 5 feet below mean low water in the channel from North Brother Island to Rikers Island. Issued to Port Authority of New York and New Jersey. The contractor shall take all necessary precautions to prevent damage to these structures.

6 1343/8 26 August, 1924: One 12‐inch flexible joint pipe line at location between Rikers Island and North Brother Island, submerged not less than 35 feet below mean low water. Issued to the City of New York, Department of Water Supply, Gas and Electricity.

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.

BRIDGES:

East River, South Brother Island Channel: Riker's Island Bridge, near to the south end of the South Brothers Island channel is a fixed low level span between Steinway, Queens and Rikers Island Prison, The Bronx, New York. Vertical clearance is 52 feet above MHW.

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.

d. Vessel traffic in the South Brother Island Channel is light.

Traffic consists of coastal bulk and general cargo freighters, tankers and miscellaneous small craft. Vessel traffic may cause some delay to the dredging required in these specifications.

e. 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.

f. 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 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.

g. LOCATION. The site of the work to be performed under these specifications is as follows:

1) The South Brother Island Channel Reach of the East River Federal Navigation Project is bounded on the east the Rikers Island, The Bronx, NY and Steinway, Queens on the west. The channel starts adjacent to the East River Federal Navigation Project and ends in a turning basin at the mouth of Steinway Creek.

h. 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.

i. 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.

j. 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

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 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 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- 0248 for any future reference to horizontal control data.

1.11 DATUM AND BENCH MARKS

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 benchmark and tide gauges:

East River - South Brother Island

Benchmark:

Tidal 4 Sta II5

Elevation: 8.37' (NAVD88)

Benchmark:

Tidal 721 Sta II5

Elevation: 9.05' (NAVD88)

All control needs to be verified.

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 East River - South Brother Island project area on 30 October 2015 and 2 & 3 November 2015.

Distribution of volumes is summarized below:

East River - South Brother Island

Work Area Required

Dredging Depth (ft)

(MLLW)

Channel to Grade (CY)

Channel Overdepth, 1 foot (CY)

Slope to Grade (CY)

Slope Overdepth, 1 foot (CY)

ESTIMATED

TOTAL (CY)

Basic Work ‐35 236,835 112,835 10,458 6,737 320,629

Total Estimated Quantity Available (Basic Work + All Options): 366,316 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

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 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

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 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 Representative.

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

1.17 MISPLACED MATERIAL

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 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 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 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 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 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 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 retained percentages of the whole or any part of the work.

c. The entire area within the contract limits will be surveyed for final examination and acceptance. This contract has no partial acceptance areas.

d. All hydrographic survey data is to be collected in accordance with the Army Corps of Engineers manual EM-1110-2-1003.

e. Any survey related disagreement(s) as it pertains to this contract must be submitted in writing to the Contracting Officer or his Representative within 5 business days of occurrence of such survey related event. Failure to notify the Contracting Officer or his representative within 5 business days of such survey related event disqualifies the Contractor from any such related claims.

1.20 SHOALING

If, before the contract is completed, shoaling occurs in the finished channel because of the natural lowering of the side slopes, re-dredging at the contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer and/or his Representative.

1.21 INSPECTION

The inspectors will assess whether the gauges, ranges, location marks and limit marks are maintained in proper order; but the presence of the inspector shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

a. To furnish, on the request of the Contracting Officer and/or his Representative or any inspector, the use of such boats, boatmen, laborers, a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work. However, the Contractor will not be required to furnish such facilities for the surveys prescribed in the clause entitled: "Final Examination and Acceptance."

b. To furnish, on the request of the Contracting Officer or the Contracting Officer's Representative or any inspector, suitable transportation from all points on shore designated by the Contracting Officer and/or his Representative to and from the various pieces of plant and to and from the placement area. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer or Contracting Officer Representative, and the cost thereof will be deducted from any amounts due or to become due to the Contractor.

1.22 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS

The Contractor shall furnish regularly to Government inspectors onboard the dredge or other craft upon which they are employed a suitable separate room for an office. The room shall be fully equipped and maintained to the satisfaction of the Contracting Officer and/or his Representative; it shall be properly heated, ventilated, and lighted, and shall have a desk which can be locked, and a chair for each inspector, and washing conveniences. In addition, the Contractor shall provide a suitable sleeping area for use by the Government inspector when weather or sea conditions preclude safe transfer to shore. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the contract price. If the Contractor fails to meet these requirements, the Contracting Officer and/or his Representative will secure the facilities referred to above, and the cost thereof will be deducted from payments to the Contractor.

1.23 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

a. Allowable costs for construction of 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 when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the contractor's accounting records. When both ownership and operating costs cannot be determined from the contractor's accounting records, equipment costs shall be based upon the applicable provision of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region I.

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 effect at the time of negotiations shall apply.

For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and overhaul are unallowable.

c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.(UAI 31.105- 101 Equipment Ownership & Operating Expense Schedule MAR 1995)

1.24 FUEL USAGE

The Contractor shall furnish the Contracting Officer and/or his Representative a report, to be received on or before the last day of the calendar month, listing the totals of fuels consumed by the dredging plant, supporting vessels, and other construction equipments. The report shall list the quantities of different fuels separately. The report shall cover the period from the 25th of the preceding month to the 25th of the current month.

1.25 OIL TRANSFER OPERATIONS

The Contractor shall assure that oil transfer operations to or from his plant comply with all Federal, state, municipal laws, codes and regulations (see Attachment D of Section 00 90 01 for regulation on "Oil and Hazardous Material Transfer Operations" - 33 CFR 156). Particular attention is invited to 33 CFR Subchapter O, Pollution. The Contractor shall incorporate in the accident prevention program, submitted in compliance with Section 00700, contract clause "ACCIDENT PREVENTION," sufficient information to demonstrate that all fuel transfers will be made in compliance with 33 CFR 156 and any other applicable laws, codes and regulations. (NAP-1/81)

1.26 WAGE RATES

The attached schedule of wage rates contains rates applicable to all work under this contract (see Section 00 90 01).

1.27 LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll.

1.28 NOTICE TO MARINERS

The Contractor shall, prior to commencement of work, notify the 1st Coast Guard District, Aids to Navigation Officer, of his proposed operations including location and duration of operations and request that the information be published in the "Notice to Mariners." This notification must be in sufficient time so that it appears in the Notice at least 30 days prior to the commencement of the dredging operation.

1.29 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer and/or his Representative, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer and/or his Representative in the administration of this contract under the terms of Section I, contract clause entitled "SUSPENSION OF WORK." The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.30 NOISE LEVEL CRITERIA

Maximum sound pressure levels measured at the booster pumps, engine generators and vehicles including muffler and exhaust components, shall not exceed decibel values prescribed by Federal, State and local codes and regulations. The foregoing applies with the pumps under normal operating conditions at not less than 50% full rated load. Tests will be performed at no additional cost to the Government by the Contractor, or the pump engine and generator manufacturer or by an approved testing agency having proven capability in noise measurements and using approved measurement equipment and acceptable measurement procedures. Test data will be submitted to the Contracting Officer for approval 5 days after the commencement of dredging operations. Should the sound pressure (noise) level test data indicate a need for sound reduction, the Contractor will provide necessary enclosures, baffles or any other appropriate means around booster pumps and engine generators including muffler and exhaust components, so as to attain noise levels which do not exceed those prescribed by aforementioned regulations.

Details of the proposed enclosure or baffling arrangement shall be submitted to the Contracting Officer for approval. Such details will be accomplished by calculations, which indicate anticipated compliance of sound pressure (noise) levels with codes and regulations noted herein before. All this is especially enforceable where these booster and engine generators locations are in bathing areas.

1.31 (NOT USED)

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

The Seagoing Barge Act applies to this project. In the event the Apparent Low Bidder contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the Apparent Low Bidder shall within five (5) calendar days after bid opening submit a copy of said certificate to the Contracting Officer and/or his Representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of non-responsibility.

1.33 PERFORMANCE EVALUATION OF CONTRACTOR

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The Contractor will be rated either Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards.

The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be maintained as part of the official record. Performance Evaluation Reports will be available to all DOD contracting offices for their future use in determining Contractor responsibility, in compliance with FAR 36.201 (c).

c. The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative is responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

1.34 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and the DOD FAR Supplement in effect on the date of this contract (DOD FAR SUPP 52.243.7001) costs shall be in accordance with Part 31 of the Federal…