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 this amendment is to:

1. Update Requirements Section 00 73 00 to include Table of Contents

2. Include Hydrographic Survey Data

3. Correct FAR Clause 52.236-4 from See Section 00 73 00 - 1.7 Physical Conditions to See Section 00 73 00 - 1.8 Physical Conditions.

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 50

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

16C. DATE SIGNED

BY 17-Apr-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS19B0005

X 9B. DATED (SEE ITEM 11)

12-Apr-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Apr-2019

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:

e3ctcas9 Typewritten Text X e3ctcas9 Typewritten Text

W912DS19B0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

See Section 00 73 00 – 1.8 Physical Conditions

(End of clause)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING

REQUIREMENTS SECTION 00 73 00

SPECIAL CONTRACT RQMTS

03/08

PART 1 GENERAL

1.1 SUBMITTALS

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK

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

1.7 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS

1.8 PHYSICAL CONDITIONS

1.9 TIME EXTENSIONS

1.10 LAYOUT OF WORK

1.11 DATUM AND BENCH MARKS

1.12 ESTIMATED QUANTITIES

1.13 VARIATION IN ESTIMATED QUANTITIES

1.14 HEAD PROTECTION

1.15 SIGNAL LIGHTS

1.16 REVERSE SIGNAL ALARM

1.17 MISPLACED MATERIAL

1.18 CONTINUITY OF WORK

1.19 FINAL EXAMINATION AND ACCEPTANCE

1.20 SHOALING

1.21 INSPECTION

1.22 ACCOMODATIONS FOR GOVERNMENT INSPECTORS

1.23 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

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 Not used

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

1.33 PERFORMANCE EVALUATION OF CONTRACTOR

1.34 PRICING OF ADJUSTMENTS

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

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 DRAGLINE 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

1.55 ALTERATIONS IN CONTRACT

1.56 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

PART 2 PRODUCTS

2.1 SIGNAGE

PART 3

EXECUTION

-- End of Section Table of Contents --

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;

List of proposed products; G 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 all work in seventy-five (75) 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)

Dredging Area 1 78,445 43

Dredging Area 2 19,100 8

Dredging Area 3 58,455 24

Contract time for completion is based on a minimum average production rate of 2,500 cubic yards (CY) per day for dredging, transportation, processing and placement at a contractor furnished, state permitted, Government approved upland placement site(s). 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 2,500 cubic yards in excess of the established limit. The time stated for completion shall include final clean up.

The entire work is estimated to cost approximately $10,000,000.00 to $25,000,000.00.

The contractor must bid on all items of the bid schedule. CLIN 0002 (Dredging Area 1 of the Newark Bay, NJ, Federal Navigation Channel) requires dredging to the plane of -50 feet mean lower low water (MLLW) plus 1 foot allowable overdepth, with subsequent transportation, processing and placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s). CLIN 0003 (Dredging Area 2 of the Newark Bay, NJ, Federal Navigation Channel) requires dredging to the plane of -50 feet mean lower low water (MLLW) plus 1 foot allowable overdepth, with subsequent transportation, processing and placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s). And CLIN 0004 (Dredging Area 3 of the Newark Bay, NJ, Federal Navigation Channel) requires dredging to the plane of -50 feet mean lower low water (MLLW) plus 1 foot allowable overdepth, with subsequent transportation, processing and placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s).

Based on the plans and specifications survey performed on 29, 30 November and 01, 03, 04, 07 December 2018, the maximum quantity available to be dredged is 156,000 CY from the contract areas in Newark Bay - Main Channel.

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 29 entitled "DREDGED MATERIAL TRANSPORT AND PLACEMENT MONITORING", of these specifications.

Sampling and testing was conducted by the Government in 2017, and the grain size test results are included in the specifications in Section 00 90 01 as Attachment J. The complete sampling and testing results can be found as attachments to this solicitation on FedBizOpps.Gov. Using the 2017 test results, 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 Jersey Department of Environmental Protection (NJDEP) Water Quality Certificate (WQC) for the maintenance dredging of Newark Bay, NJ

Federal Navigation Project is included in Section 00 90 02. The contractor must comply with all conditions of the NJDEP WQC.

Per the NJDEP WQC, dredging is prohibited during the specified window, in order to protect Summer Flounder, Shortnose Sturgeon, and Atlantic Sturgeon.

The Apparent Low Bidder is required to obtain Environmental Clearance on all quantity.

Please take note of the Section 00 90 01, Attachment J-1 EXAMPLE ONLY letter and referenced regulations. If necessary, based on the criteria set forth in the attachment, the Apparent Low Bidder must notify the Administrator of the Federal Aviation Administration (FAA) of his proposed construction methods, via Form 7460-1, Attachment J-2 in Section 00 90 01. The Apparent Low Bidder is responsible for all coordination with the FAA, and for determining if any more recent FAA requirements now exist.

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 Jersey Department of Environmental Protection 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.

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 equipment 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 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 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 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 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 Jersey State Department of Environmental Protection 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 are included in 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, and shall submit evidence of such permits and approvals to the Government. Documentation of compliance with any other legal or regulatory 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.

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 Section 00 73 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 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 $2,114.00 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 Newark Bay, NJ

SHEET NO. DESCRIPTION

1 Cover and Index

2 General Location Map, Coordinates, Benchmarks, & Typical Cross Section

3 Dredging Area 1

4 Dredging Area 1

5 Dredging Area 2

6 Dredging Area 2 and Dredging Area 3

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 http://www.ndbc.noaa.gov/index.shtml.

(1) Fog. An examination of the records of the Unedited Local http://www.ndbc.noaa.gov/index.shtml

Climatological Data of the National Oceanic and Atmospheric Administration's (NOAA) Climatic Data Center at Newark Liberty International Airport, New Jersey, 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 year was 45 in 1959. The maximum number of days in which dense fog occurred in any month was 4 days in June.

Visibility data are available on the internet at https://www.ncdc.noaa.gov

(2) Winds. Wind conditions in the Newark Bay area, based on the records of the National Climatic Data Center's Local Climatological Data for Newark International Airport, are as follows:

Wind Conditions for Newark International Airport, based on 55 years of data.

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

JAN 11.2 52

FEB 11.5 46

MAR 11.9 45

APR 11.2 50

MAY 10.0 50

JUN 9.5 58

JUL 8.9 52

AUG 8.7 46

SEP 9.0 51

OCT 9.4 48

NOV 10.2 82

DEC 10.8 55

(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 Elm Park, Staten Island, NY is 4.9 feet and the mean range of spring tides is 5.9 feet.

Irregular fluctuations due to wind and atmospheric pressure have varied from about 10.9 feet above mean low water to about 3.5 feet below mean low water. (Means based on 24 years 1938 - 1961).

b. CHANNEL TRAFFIC AND TRANSPORTATION FACILITIES. Newark Bay: Based on a plans and specifications survey performed on 29, 30 November, 01, 03, 04, 07 December 2018, a controlling depth of approximately -37.2 feet MLLW is present at the site of the work in Newark Bay, NJ.

Channel users consist of deep draft seagoing bulk and general cargo freighters, tankers, container ships, and miscellaneous small craft vessels. Millions of tons of bulk cargo including petroleum products are transported via Newark Bay. 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 Newark Bay 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.

Newark Bay

ITEM NO. PERMIT NO. DESCRIPTION

1 4739 31 JAN 1955: Permit to install a 24" Diameter, Submarine water pipe line in Port Newark Channel, Newark Bay, between Doremus Ave.

and Export Street, Newark, Essex County, NJ.

2 8800 5 MAR 1974: Permit to dredge and install replacement submarine pipelines(two 8", one 12" and one 24") at a depth of 50 below the plane of MLW location South reach at Bayonne north of 5th Street, crossing Newark Bay due South West.

3 8739 12 OCT 1973: Permit to install a 14' Diameter, submarine pipe line in a trench at a minimum depth of 42 feet below the plane of MLW, between the cities of Bayonne and Newark, Hudson and Essex Counties, NJ. (on the north side and parallel to the LVRR Bridge)

4 14650 10 DEC 1987: Permit to install a 30" Diameter sanitary sewerage forcemain, approximately 2500 feet in length. Location, in Newark Bay, between Kearny and Newark, Hudson and Essex Counties NJ.(crossing the Passaic River from Wilson Ave.

to Kearny S.T.P.).

5 13809 3 DEC 1985: Permit to dredge and install approximately 6000 linear feet of 66" Diameter sanitary sewer pipeline, and installation of an air vent apparatus. Location: Jersey City, Hudson County and Newark, Essex County, NJ.

(Submarine crossing of Kearny point reach through Kearny point and submarine crossing of Droyers point reach to Jersey City)

6 13809 9 FEB 1987: Permit above modified for a 72" Diameter sanitary sewer pipeline. Location:

Jersey City, Hudson County and Newark, Essex County, NJ. (Submarine crossing of Kearny point reach through Kearny point and submarine crossing of Droyers point reach to Jersey City)

7 14649 10 DEC 1987: Permit to install a 12" Diameter natural gas pipeline, approximately 6000 feet in length. Location; In Newark Bay, between Elizabeth and Bayonne, Union and Hudson Counties, NJ.

8 1998-01910 31 MAR 1998: Permit to install a 3800 feet long by 8" Diameter submarine, fiber optic communications cable beneath Newark Bay. The cable would be installed at a Minimum depth of

52.23 feet below the plane of MLW of the Federal Navigation Project in the area

9 NAN-2013-

00283-ETA

Under the Department of the Army Nationwide general Permit number(s) 12. Installation of approximately 1380 liner feet of 20" coated steel return pipeline and approximately 1380 linear feet of 14" coated steel return pipeline in the same trench within a tributary of Newark Bay.

The project is located in a tributary of Newark Bay, Newark, NJ.

10 NAN-2012-

00478

Under the Department of the Army Nationwide general Permit number(s) 12. Installation of a 230 kV electric transmission cable, such as jacking and boring, horizontal drilling or similar methods. (The cable crossing Lawyer's Creek)

11 1991-01028 6 JAN 1993: Dredging project of Newark Bay.

The permittee was advised to ensure integrity of the New Jersey Bell's submarine telephone cables in the area of the permittee operations.

12 6364 12 Jan 1962: Permit to install two(2) submarine pipelines in a trench at a depth of fifty-two (52) feet below MLW across the width of the Federal Project Channel adjacent to Lehigh Valley and Penn RR Bridge, between Newark and Bayonne.

13 8417 4 February 1972: Temporary 27-inch diameter pipeline approximately 13,000 ft. long at a min depth of 35 ft. in Newark, NJ, by Atlantic, Gulf and Pacific Co.

14 6436 20 September 1962: Permit to install a temporary submerged pipe line a minimum depth of thirty one (31) feet below mean low water in Newark Bay at Bayonne, NJ. (Missouri Valley Dredging Co)

15 7673 3 June 1968: Permit to install temporary submerged pipeline and dolphins in th vicinity of the Lehigh Valley Railroad Bridge at the City of Newark, Essex County, NJ (Gahagan Dredging Corp)

16 NAN-2005-

01152

NWP 12 Utility Line Activities Waterway: Peddies Ditch (Newark Airport peripheral ditch), Port Newark Channel.

(TRANSCONTINENTAL GAS PIPE LINE

CORPORATION)

17 NAN-2005-

00290

NWP 12 Utility Line Activities Waterway: Peddies Ditch (Newark Airport peripheral ditch), Port Newark Channel. (PSEG

SERVICES CORPORATION)

18 NAN-2006-

03298

NWP 12 Utility Line Activities Waterway: Newark Bay, Port Newark Channel.

(Colonial Pipeline Company)

19 NAN-2004-

01242

NWP 3 Maintenance Waterway: Pierce Creek, Port Newark Channel.

(CITY OF NEWARK DEPARTMENT OF

WATER AND S)

20 800.6 6 October 1952: (2) 8" DIA. pipes and (1) 12" DIA. pipe in Newark Bay - ESSO Standard Oil Co., between Howland Hook, Staten Island, NY and Elizabeth, NJ. El. 50' below MLW.

21 1522-15 5 March 1974: 8" DIA. pipeline (Exxon Co.) in Hudson & Union Counties, NJ; connecting Bayonne, NJ and Newark, NJ by the C.R.R.

Bridge. El. 50' below MLW.

22 1522-15 12 October 1973: 14" DIA. Pipeline (Amerada Hess Corp.) between cities of Bayonne and Newark, Hudson and Essex Counties, NJ. North of and parallel to Lehigh Valley R.R. Bridge. El. 42' below MLW.

23 1522-15 7 October 1980: 12" DIA. pipe for Texas Pipeline Co. between Bayonne NJ and Port Ivory, NY. El. 42' below MLW.

24 2610A & 610B

4 September 1943: (2) War Emergency Oil Pipes between Howland Hook, Richmond County, NY and Bayonne, Hudson County, NJ. El. 42' below

MLW.

25 4019 9 April 1945: (7) submarine cables between the cities of Elizabeth and Bayonne, NJ (The Central R.R. co. of NJ - Aerial Cable - Submarine Cable & Air line). El. 45' below MLW.

26 4130A 31 December 1971: 12" DIA. Pipeline rerouting part of existing Texas Pipe Co. line, marked as 1507-24 between Howland Hook, Staten Island, NY and Bayonne, NJ. El.

50' below MLW.

27 4345 4 December 1952: (2) 8" DIA. pipes marked as

800.6 Newark Bay-Tidewater Pipe Co.-

Submarine Pipeline between Staten Island, NY and Bayonne, NJ.

28 4888 2 September 1955: Cathodic protection for Item 2 of this list.

29 5639 8 January 1959: 12" DIA. pipe lowered in Newark Bay at Best Foods Inc. Warf at Bayonne, Hudson County, NJ. El. 42.5' below MLW.

30 5658 5 February 1959: 12" DIA. pipe crossing modified by Permit No. 4130A on 31 December 1971 (see Item 7 of this list).

31 636154 12 January 1962: (2) 8" DIA. pipes marked as "285/702 Newark Bay-Public Service Electric and Gas Co.-Submarine Pipeline between Newark and Bayonne". South from and parallel to Lehigh Valley R.R. Bridge. El. 52' below MLW.

32 7399 30 January 1967: Marked as "1507-24 Newark Bay-Texas Pipeline Co." protective cover over pipeline in Bayonne at its crossing with Newark Bay Channel at mile 0.6. El. 38' below MLW.

33 8800 February 1974: Temporary pipes, previously connected to 1522-15, were removed.

34 4130/5 Submarine oil pipeline between Howland Hook, SI, NY and Bayonne, NJ by Defense Plant Corp.

35 1507-24 Temporary submerged pipeline and dolphins in the vicinity of the Lehigh Valley RB by Gahagan Dredging Corp.

36 11610 12-inch petroleum products pipeline between Bayonne, NJ and Port Ivory, NY by The Texas Pipeline Co.

37 1955 (2) 12-3/4" OD pipelines between Linden, NJ to SI, NY to Bayonne, NJ by The Texas Pipeline Co.

38 4317 12" diameter pipeline between SI, NY and Elizabeth, NJ by Esso Standard Oil Co.

39 12552 Submarine cables cathodic protection at Bayonne NJ by The Texas Pipeline Co.

40 4017 Aerial power cable and (7) submarine cables at a min depth of 45 ft below MLW between Elizabeth and Bayonne, NJ by The Central Railroad Co of NJ

41 4411 Submarine cable on natural bottom between Bergen Point, Bayonne, NJ and Light Tower No.

12A, thence to Light Tower No. 2.

42 7741 12" pipeline at a min depth of 50 ft. below MLW between Howland Hook, SI, NY and Bayonne, NJ by the Texas Pipeline Co.

43 14620 6 November 1990: Recreational pier on existing concrete bridge pedestals; 520' long, 58' wide.

North side of C.C.R. Bridge, 650' shoreward from Newark Bay Main Channel.

44 800.6 6 November 1954: 24" DIA. Submarine water pipe line in Port Newark Channel, Newark Bay, between Doremus Avenue and Export Street, Newark, Essex County, New Jersey. Marked

800.6 (Newark Bay-Port of NY Authority-Pipe line) and buried at least 47' to top of pipe below

MLW.

45 2000-00676 24 April 2001: Boat ramp construction at west end of W.16th St. in Bayonne. Construction on residential development called Waterfront Homes LLC at west end of W.21st St in Bayonne.

Construction of a storm water outfall at the west end of W.24th St on Bayonne. Construction of a CSO outfall at the west end of W.37th St in Bayonne.

46 2001-01460 21 December 2001: Discharge approximately 4,800 cubic yards of fill material into approximately 0.5 acres of wetlands and waters of the United States to facilitate remedial clean up activities. Site is located along an approximately 13,000 linear foot existing City of Bayonne sanitary and storm water utility pipeline in Bayonne (through the City of Bayonne's proposed Passive Environmental Project Site).

47 176 23 August 1911: Installation of the pipeline under Newark Bay between Staten Island to Standard Oil Inc property at Elizabethport adjacent to Morses Creek.

48 2009-012784 22 JUN 2012: Texas Eastern Transmission, LP AND Algonquin Gas Transmission, LLC construction of Underwater Gas Pipeline in New York and New Jersey Harbor Estuary and Tributaries Between Linden, Union County, New Jersey and Manhattan, New York City, New York County, New York

49 2015-01040 3 October 2016: PSE&G Discharge approximately 2,000 cubic yards of fill into approximately 0.02 acres of waters of the United States to facilitate the upgrade and conversion of two (2) existing 1.6-mile double circuit 138kV overhead transmission lines that currently extend along existing PSE&G transmission line Rights-of-Way (ROW) from the City of Linden, Union County, north to the City of Elizabeth, Union County, New Jersey.

50 1981-00861 18 August 1982: Texas Eastern Transmission installation of pipeline cathodic protection system on existing pier and anode assembly on bay bottom connected by submarine cable installed in PVC conduit will be placed in trench to connect the system. At Bayonne, Hudson County New Jersey

51 2007-00209 12 June 2007: Public Service Electric and Gas Services Corporation will replace approximately 6,300 linear feet of the existing 12-inch diameter pipeline with a 16-inch diameter natural gas pipeline. The replacement activities would include directionally drilling, from the City of Elizabeth, beneath Newark Bay at a depth ranging from -84 to -100 feet (National Geodetic Vertical Datum) to the City of Bayonne. Public Service Electric and Gas Services Corporation indicated that the proposed project was based on their need to relocate the existing pipeline to a depth well below the expected 50 foot dredging depth of the U.S. Army Corps of Engineers Newark Bay Harbor Deepening Project

52 2016-00316 14 April 2016: Port Authority of NY and NJ installation of a 48-inch diameter reinforced concrete outfall structure in-line of an existing timber bulkhead. The project is located at Berth 9 of the Port Newark Marine Terminal in Port Newark Channel, a tributary to Newark Bay in the City of Newark, Essex County, New Jersey

53 4739 31 January 1955: Port Authority of NY and NJ installation of 24-inch diameters submarine water main pipeline between Doremus Avenue and Export Street at Port Newark Channel - Newark Bay, Newark, Essex County, NJ. The pipeline was designed to a burial depth of at least 47-feet below Mean Low Water to the top of the pipeline.

54 2017-00693-

ERO

21 July 2017: Port Authority of NY and NJ installation of a 48-inch diameter reinforced concrete outfall structure in-line of an existing timber bulkhead. The project is located at Berth 9 of the Port Newark Marine Terminal in Port Newark Channel, a tributary to Newark Bay in the City of Newark, Essex County, New Jersey

BRIDGES:

The Verrazano-Narrows Bridge is a suspension bridge that connects the boroughs of Staten Island and Brooklyn, New York at the Narrows, the reach connecting the upper bay with the larger lower bay.

The Bayonne Bridge is a steel arch bridge spanning the Kill Van Kull and connecting Bayonne, New Jersey with Staten Island, New York.

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. CHANNEL TRAFFIC. Vessel traffic in the Newark Bay vicinity is heavy. Traffic consists of seagoing bulk and general cargo freighters, tankers, container ships, and miscellaneous small craft. There is also potential for other construction activity ongoing in the vicinity, therefore 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. Newark Bay, New Jersey, Federal Navigation Project is located in Hudson, Union, and Essex Counties, New Jersey. Contract Dredging Areas 1, 2, and 3 of these specifications and plans are located in the Main Channel of Newark Bay.

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- 0284 for any future reference to horizontal control data.

1.11 DATUM AND BENCH MARKS

Soundings and Elevations shown in the contract drawings are in US Survey Feet and refer to Mean Lower Low Water (MLLW) epoch 1983-2001. The Plane of MEAN LOWER LOW WATER (MLLW) is 2.9'-3.0' FEET BELOW NAVD88 AS DETERMINED USING VDATUM (VER. 3.0). The following Benchmark information should be referenced for defining local datum and required project depth.

Benchmark:

"P 38"

PID: KV0333

Proj: NJM X: 598481.816, Y: 665855.146 Elevation: 21.93' (NAVD88) Geo 12A

STATION DESCRIPTION

DESCRIBED BY COAST AND GEODETIC SURVEY 1952

AT BAYONNE.

AT BAYONNE, ALONG THE CENTRAL RAILROAD OF NEW JERSEY,…