R0001.pdf

W68MD952962164

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

W912DW-16-B-0002 FY16 Inner Harbor Maintenance Dredging, Grays Harbor, Washington

(see continuation page)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 08-Dec-2015

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 W912DW-16-B-0002

X 9B. DATED (SEE ITEM 11)

18-Nov-2015

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 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

08-Dec-2015

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-16-B-0002

CONTINUATION PAGE

1. This amendment one (0001) provides for revisions to the following sections: 00 73 00 Special Clauses and 01 57 20.00 10 Environmental Protection.

2. The date and time of bid opening of 18 December at 9:00:00 a.m. LOCAL TIME remains the same.

3. The attached revised sections are to be replaced in their entirety. Specifications changes are generally identified, for convenience, either by strikeout for deletions, and double underlining of text for additions or a single dark line in the margin. All portions of the revised sections shall apply whether or not changes have been indicated.

4. NOTICE TO OFFERORS: Offerors must acknowledge receipt of this amendment by number and date on offer.

Encl:

00 73 00 (revised) 01 57 20.00 10 (revised

G3CT9BAW

Typewritten Text

FY16 Grays Harbor Inner Harbor Maintenance Dredging, 16006 Grays Harbor, WA

W912DW-16-B-0002 00 73 00-1 R0001

SECTION 00 73 00

SPECIAL CLAUSES

TABLE OF CLAUSES

PARAGRAPH NO. PARAGRAPH TITLE

SC-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

SC-2 OPTION FOR INCREASED QUANTITY

SC-3 LIQUIDATED DAMAGES - CONSTRUCTION

SC-4 TIME EXTENSIONS

SC-5 VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS

SC-6 REQUIRED INSURANCE

SC-7 PHYSICAL DATA

SC-8 QUANTITY SURVEYS

SC-9 LAYOUT OF WORK

SC-10 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

SC-11 FIELD OFFICE OVERHEAD

SC-12 FIELD OFFICE OVERHEAD – PER DIEM RATE

SC-13 FIELD OFFICE OVERHEAD – PERCENTAGE MARKUP

SC-14 PERFORMANCE EVALUATIONS

SC-15 EMPLOYMENT ELIGIBILITY VERIFICATION

SC-16 CONTRACT DRAWINGS AND SPECIFICATIONS

W912DW-16-B-0002 00 73 00-2 R0001

SECTION 00 73 00

SPECIAL CLAUSES

SC-1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK:

Contract Period of Performance (PoP) is from Contract Award through 30 September 2016.

The in-water work windows during this PoP are 01 January 2016 through 14 29 February 2016, and 16 July 2016 through 30 September 2016. The Contractor shall be required to (a) commence work for work under this contract within 10 calendar days after the date the Contractor receives Notice to Proceed (NTP), (b) shall mobilize and be ready to commence dredging within 21 calendar days after the Contractor receives NTP, (c) prosecute the work diligently, and (d) complete the entire work ready for use no later than the end of the PoP. The time stated for completion shall include final cleanup of the premises.

In-water work shall only be performed within the environmental work windows between 16 July and 14 29 February for Cow Point, Cow Point Turning Basin, and Hoquiam Reaches, and between 1 August and 14 29 February for North Channel and Crossover Channel Reaches, established in accordance with the reference in section F.1 of the Water Quality Certification #8992 dated 3 February 2012. No in-water work is authorized outside of the specified in-water work windows.

SC-2. OPTION FOR INCREASED QUANTITY:

(a) The Government may increase the quantity of work awarded by exercising one or more of the Optional Bid Items 0005AA, 0005AB, 0006AA, 0006AB, 0007AA, 0007AB, 0008AA, and 0008AB at any time, or not at all, but no later than 14 calendar days prior to the end of the in-water work window. The Government may exercise any of these options involving dredging, if at all, in one or more volumetric increments. The Government may increase the quantity of work awarded by exercising one or more of the Optional Bid Items 0009AA and 0009AB, if at all, once or multiple times at the discretion of the Contracting Officer during the course of the Performance Period. The Government may increase the quantity of work awarded by exercising Optional Bid Item 0010, if at all, once or multiple times at the discretion of the Contracting Officer during the course of the Performance Period. NTP on work Item(s) added by exercise of the option(s) will be given upon execution of Consent of Surety. Award of Option Items is subject to the availability of funds.

(b) The parties hereto further agree that any option herein shall be considered to have been exercised at the time the Government provides written notification to the Contractor sent via email.

W912DW-16-B-0002 00 73 00-3 R0001

SC-3. LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000) (FAR 52.211-12):

(a) If the Contractor fails to complete the work within the time specified in the Contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1,142.00 for each day of delay until the work is completed or accepted.

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

SC-4. TIME EXTENSIONS (Sept 2000) (FAR 52.211-13):

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of dredging. 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.

SC-5. VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (MAR 1995)

(UAI 52.211-5001):

This variation in estimated quantities clause is applicable to Optional Bid Items 0005, 0006, 0007, 0008, and 0009.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Optional Bid Items 0005, 0006, 0007, 0008, and 0009 is less than 85 % of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.212-11, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Optional Bid Items 0005, 0006, 0007, 0008, and 0009 exceeds 115 % or is less than 85 % of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Optional Bid Items 0005, 0006, 0007, 0008, and 0009 exceeds 115 % or is less than 85 % of the total estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

W912DW-16-B-0002 00 73 00-4 R0001

SC-6. REQUIRED INSURANCE:

(1) Workers’ compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when Contract operations are so commingled with a Contractor's commercial operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(2) General Liability:

(a) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(b) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(3) Automobile liability: The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(4) Aircraft public and passenger liability: When aircraft are used in connection with performing the Contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(5) Vessel liability: When Contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

SC-7. PHYSICAL DATA:

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

W912DW-16-B-0002 00 73 00-5 R0001

(a) Physical Conditions: The indications of physical conditions on the contract drawings and in the specifications are the result of site investigations. Condition, pre-dredge, progress, and post-dredge bathymetric surveys from previous channel maintenance dredging are available for inspection in the Operations Division at Seattle District, U.S. Army Corps of Engineers, 4735 East Marginal Way South, Seattle, WA through coordination with the Contracting Officer Representative (COR). The most recent bore logs are provided in Spec Section 35 20 23-B and 35 20 23-C.

(b) Weather Conditions: Each bidder shall be satisfied before submitting his bid as to the hazards likely to arise from weather conditions. The dredge project is located in Grays Harbor and the mouth of the Chehalis River. Because of the time of year the dredging is to occur, the Contractor will be subjected to combined marine and river conditions such as winter storms, rough water conditions, high swells, periods of high water (river and tides), fast river currents, tides, and river flooding. Complete weather records and reports may be obtained from any National Weather Service Office. Dredging will be occurring in the inner harbor area, but the disposal sites are located at the mouth of the harbor.

(c) Transportation Facilities: Each bidder, before submitting his bid, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

(d) Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition.

Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense.

(e) Condition of Area: The condition of the area when last surveyed is shown on the contract drawings. Topography is in feet and represents elevation with reference to mean lower low water (MLLW). Elevations above MLLW are denoted by a (+) sign.

(f) Obstruction of Channel: The Government will not undertake to keep the channel 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 approved 8 August 1917. The Contractor will be required to conduct the work 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

W912DW-16-B-0002 00 73 00-6 R0001

afford a practicable passage. Upon the completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the Contract in navigable waters or on shore.

(g) Datum and Bench Marks: The vertical plane of reference is National Ocean Service (NOS) Mean Lower Low Water (MLLW) Epoch 1983-2001. Horizontal control is based on Lambert Grid Projection for Washington South Zone 4602, NAD 83(2011). The Benchmark Datasheets are included in Attachment 00 73 00-A. The Bench Marks for this area are designated as the following:

i. 1102 K, NOAA TIDAL BENCHMARK VM #18077. Stainless rod with punch driven to refusal in monument case. Located at the northerly corner of intersection of Nyhus Street and Wilson Avenue. 9 feet north of fire hydrant and 8 feet westerly of stop sign.

ii. HAVEN, PID: SD0866. 3.25” Aluminum cap set in 6 foot square boulder. Setting is suitable for tripod. 15 feet northeasterly of public restroom, about 150 feet easterly of parking circle and fisherman’s memorial at the end of Neddie Rose Drive.

iii. TIDAL 2 RESET 1952, PID: SD0042. 3” Brass cap set in concrete pad for old flag pole of old USCG Station (Now Museum) in Westport. 45 feet north of main entrance, 3 feet southwest of new flag pole. Down about 0.3 foot and covered with grass.

SC-8. QUANTITY SURVEYS:

The Government shall conduct the surveys of the dredge work area for any periods for which progress payments are requested and shall make the computations based on these surveys.

Surveys will be conducted at a frequency no greater than every two weeks. Additional bathymetric surveys can be requested by the COR if/when unusual circumstances arise or as required by the COR. Surveys will be conducted utilizing depth sounding and horizontal positioning equipment. Sounding depths will generally be derived utilizing multi-beam or single-beam acoustic methods. However, the Government reserves the right to take soundings by any method, including leadline or trigonometric leveling (total station)/differential leveling. The same method will be used for the pre, progress, and post dredge surveys of a given pay area. As required, data from land surveys will be obtained and incorporated into the volume computation.

The pay volume will be defined as the difference between the most recent pre/progress survey and progress/post survey of the dredging area. Any material removed from outside the maximum dredging prism will not be considered for payment. Accuracy(ies) will be in accordance with stated quality control values in USACE Hydrographic Surveying Manual EM-1110-2-1003 (November 2013). For pay, volumes shall be determined by comparing the pre-dredge/progress and progress/post-dredge bathymetric surveys and computed using Bentley InRoads Software Package versions v8xm or v8i or later or Hypack.

SC-9. LAYOUT OF WORK:

The Contractor shall lay out its work from Government established base lines and benchmarks indicated on the drawings, and shall be responsible for all measurements in connection with the

W912DW-16-B-0002 00 73 00-7 R0001

layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer or COR. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the COR until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due, or to become due, to the Contractor.

SC10. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)-

(UAI 31.105-101):

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VIII.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

SC11. FIELD OFFICE OVERHEAD:

Notice to Offerors: You must declare the accounting practice that you apply to contracts to calculate field office overhead for all change orders, modifications, and requests for equitable

W912DW-16-B-0002 00 73 00-8 R0001

adjustment. Pursuant to Federal Acquisition Regulation (FAR) Parts 31. 105(d)(3) and 31.203(d)(1), an accounting practice that varies from modification to modification is not allowable. Select one of the following:

(1) TIME DISTRIBUTION BASE FOR A PER DIEM RATE: If you use this practice, see Special Contract Requirement "Field Office Overhead - Per Diem Rate"

(2) DIRECT COST DISTRIBUTION BASE FOR A PERCENTAGE MARKUP: If you use this practice, see Special Contract Requirement "Field Office Overhead - Percentage Markup"

(3) OTHER ACCOUNTING PRACTICE THAT IS ALLOWABLE UNDER THE FAR

AND THAT USES A SINGLE DISTRIBUTION BASE: If you choose 3, you must describe the accounting practice in sufficient detail below to allow the Contracting Officer to determine what accounting practice IS being utilized by your company and that it complies with the criteria for acceptable accounting practices as set out in FAR Parts 31. 105(d)(3) and 31.203(d)(1).

SC12. FIELD OFFICE OVERHEAD – PER DIEM RATE:

The Contracting Officer shall make an equitable adjustment and modify the contract in writing for any change to the contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its bid schedule.

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a contractor indicates that it follows a per diem basis, no overhead percentage markup rate for office overhead costs shall be allowed.

Under such an equitable adjustment, the Contractor shall be reimbursed for field office overhead on a per diem basis when the completion of the contract is extended by reason of the change issued under any clause, except the Default clause, subject to the Contractor substantiating the variable expense by providing a detailed breakdown of its proposed increase or decrease of costs as required by the Contract Clause DFARS 252.236-7000 MODIFICATION OF PROPOSALS- PRICE BREAKDOWN. No payment of field office overhead on a per diem basis shall be allowed for any change when the completion of the contract is not extended by reason of the change.

SC13. FIELD OFFICE OVERHEAD – PERCENTAGE MARKUP:

The Contracting Officer shall make an equitable adjustment and modify the contract in writing for any change to the contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its bid schedule.

W912DW-16-B-0002 00 73 00-9 R0001

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a contractor indicates that it follows a percentage basis, no per diem rate for office overhead costs shall be allowed.

Under such an equitable adjustment, payment of office overhead costs shall be allowed for any change on a percentage markup basis regardless of whether the completion of the contract is, or, is not, extended by reason of the change, except for modifications issued pursuant to the Default Clause. The Contractor shall provide a detailed breakdown of its proposed increase or decrease of costs as required by Contract Clause DFARS 252.236 - 7000 MODIFICATION OF

PROPOSALS – PRICE BREAKDOWN.

SC-14. PERFORMANCE EVALUATIONS:

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), dredging contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Appraisal Reporting System (CPARS). After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

SC-15. EMPLOYMENT ELIGIBILITY VERIFICATION:

The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after NTP.

SC16. CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)(DOD FAR SUPP

252.236-7001):

(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 COR.

http://www.cpars.csd.disa.mil/

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(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 COR of any discrepancies.

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

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

(c) In general:

(1) Large scale drawings shall govern small scale 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 the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified in the index of drawings attached at the end of the Special Clauses.

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INDEX OF DRAWINGS

FY16 Grays Harbor Inner Harbor Maintenance Dredging Grays Harbor, Washington

FILE NUMBER: E-5-1-127, 26 Oct 2015

SHEET

NUMBER

PLATE

NUMBER TITLE

1 G-1 Title, Vicinity Map, and Drawing Index 2 G-2 General Plan 3 O-2 Disposal Sites 4 O-3 Crossover Channel and North Channel 5 O-4 North Channel, Hoquiam Reach, and Cow Point Reaches

REFERENCE DRAWINGS

Reference drawings show conditions at time of the survey. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown.

Deviations are anticipated and shall not be the basis for a claim for extra compensation.

FILE

NUMBER

SHEET

NUMBER TITLE DATE

E-5-13-362 1 Crossover Channel - Condition 2015gr082 (Sta.

715+29 to Sta. 863-62)

19 Aug 2015

E-5-13-362 2 Crossover Channel - Condition 2015gr082 (Sta.

715+29 to Sta. 863-62)

19 Aug 2015

E-5-13-362 3 Crossover Channel - Condition 2015gr082 (Sta.

715+29 to Sta. 863-62)

19 Aug 2015

E-5-2-664 1 Inner Grays Harbor – Condition 2015gr085 (Sta.

863+62 to Sta. 1000+63); Condition 2015gr094 (Sta.1000+63 to Sta. 1023+00)

17, 18, 20 Aug

14 Sep 2015

E-5-2-664 2 Inner Grays Harbor – Condition 2015gr085 (Sta.

863+62 to Sta. 1000+63); Condition 2015gr094 (Sta.1000+63 to Sta. 1023+00)

17, 18, 20 Aug

14 Sep 2015

E-5-2-664 3 Inner Grays Harbor – Condition 2015gr085 (Sta.

863+62 to Sta. 1000+63); Condition 2015gr094 (Sta.1000+63 to Sta. 1023+00)

17, 18, 20 Aug

14 Sep 2015

E-5-2-669 4

Inner Grays Harbor – Condition 2016gr004 (Sta.

1000+00 to Sta.1081+00); Condition 2016gr005 (Sta. 1079+00 to Sta. 1128+50); Condition 2016gr002 (Sta. 1127+00 to Sta. 1159+50);

Condition 2016gr003 (Sta. 1159+00 to 1237+00)

3,4 Nov 2015 3,4 Nov 2015 2 Nov 2015

3,4 Nov 2015

W912DW-16-B-0002 00 73 00-12 R0001

FILE

NUMBER

SHEET

NUMBER TITLE DATE

E-5-2-669 5

Inner Grays Harbor – Condition 2016gr004 (Sta.

1000+00 to Sta.1081+00); Condition 2016gr005 (Sta. 1079+00 to Sta. 1128+50); Condition 2016gr002 (Sta. 1127+00 to Sta. 1159+50);

Condition 2016gr003 (Sta. 1159+00 to 1237+00)

3,4 Nov 2015 3,4 Nov 2015 2 Nov 2015

3,4 Nov 2015

E-5-2-669 6

Inner Grays Harbor – Condition 2016gr004 (Sta.

1000+00 to Sta.1081+00); Condition 2016gr005 (Sta. 1079+00 to Sta. 1128+50); Condition 2016gr002 (Sta. 1127+00 to Sta. 1159+50);

Condition 2016gr003 (Sta. 1159+00 to 1237+00)

3,4 Nov 2015 3,4 Nov 2015 2 Nov 2015

3,4 Nov 2015

E-5-2-669 7

Inner Grays Harbor – Condition 2016gr004 (Sta.

1000+00 to Sta.1081+00); Condition 2016gr005 (Sta. 1079+00 to Sta. 1128+50); Condition 2016gr002 (Sta. 1127+00 to Sta. 1159+50);

Condition 2016gr003 (Sta. 1159+00 to 1237+00)

3,4 Nov 2015 3,4 Nov 2015 2 Nov 2015

3,4 Nov 2015

E-5-2-669 8

Inner Grays Harbor – Condition 2016gr004 (Sta.

1000+00 to Sta.1081+00); Condition 2016gr005 (Sta. 1079+00 to Sta. 1128+50); Condition 2016gr002 (Sta. 1127+00 to Sta. 1159+50);

Condition 2016gr003 (Sta. 1159+00 to 1237+00)

3,4 Nov 2015 3,4 Nov 2015 2 Nov 2015

3,4 Nov 2015

--END OF SECTION--

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SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (30 Nov 2014) Safety and Health Requirements Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment.

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1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during dredging. The control of environmental pollution and damage requires consideration of water, air; and biological resources, and includes management of noise, solid, chemical, gaseous, and liquid waste as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of operations.

1.2.4 Waters of the United States

All waters that are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of dredging operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract.

Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section. Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, state, regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals Environmental Protection Plan; G

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1.7 ENVIRONMENTAL PROTECTION PLAN

Within fourteen (14) calendar days and prior to commencing dredging operation activities and delivery of equipment to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer Representative (COR). The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues that the Contractor must address during dredging. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required dredging operation task(s).

Topics or issues that are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the COR for the purpose of discussing the implementation of the initial Environmental Protection Plan, possible subsequent additions and revisions to the plan including any reporting requirements, and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During dredging operations, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

Include in the Environmental Protection Plan, but not limit it to, the following:

(a) Name(s) of person(s) within the Contractor's organization who is (are) responsible for ensuring adherence to the Environmental Protection Plan.

(b) Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

(c) Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

(d) Description of the Contractor's environmental protection personnel training program.

(e) Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse, if applicable. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas. Plan should include dredging, disposal, etc.

(f) Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. Include in this plan, as a minimum:

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(1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the COR in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

(2) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

(3) Training requirements for Contractor's personnel and methods of accomplishing the training.

(4) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

(5) The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

(6) The methods and procedures to be used for expeditious contaminant cleanup.

(g) An air pollution control plan detailing provisions to assure that debris, materials, trash, etc., do not become air borne and travel off the project site.

(h) A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air or water; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. A copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

(i) A biological resources plan that defines procedures for identifying and protecting biological resources known to be in dredge and disposal/placement areas. Include in the plan methods to assure the protection of known resources, identifying lines of communication between Contractor personnel and the COR.

1.7.3 Appendix

Attach to the Environmental Protection Plan, as Appendices, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

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1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the water quality monitoring requirements assigned as contractor responsibilities in Appendix B: Grays Harbor WQ Monitoring Plan at the end of this section.

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations from the drawings, plans, and specifications requested by the Contractor and that may have an environmental impact will be subject to approval by the COR and may require an extended review, processing, and approval time. The COR reserves the right to disapprove alternate methods, even if they are more cost effective, if the COR determines that the proposed alternate method will have an adverse environmental impact.

1.10 NOTIFICATION

The COR will notify the Contractor in writing of any observed noncompliance with Federal, state, or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. After receipt of such notice, the Contractor will inform the COR of the proposed corrective action and take such action when approved by the COR. The COR may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the COR may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained the Water Quality Certification. Comply with the terms and conditions of the attached WQC and associated Water Quality Monitoring Plan at the end of this section.

Appendix A: Water Quality Certification (WQC) Order #8992, dated 3 February 2012 - Contractor shall comply with the WQC. No deleterious materials shall be allowed to enter State waters.

Appendix B: Grays Harbor WQ Monitoring Plan (WQMP), dated 01 January 2016 through 30 September 2016.

In-water work shall only be performed during the environmental work windows between 16 July and 14 29 February for Cow Point, Cow Point Turning Basin, and Hoquiam Reaches, and between 1 August and 14 29 February for North Channel and Crossover Channel Reaches. The

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work windows are established in accordance with the reference in section F.1 of the Water Quality Certification.

Observation of water quality/turbidity in the disposal area and in the area of dredging will be performed by the Contractor and recorded according to the Water Quality Monitoring Plan. If any distressed or dead fish are observed by the Contractor, the Contractor shall immediately notify the Contracting Officer Representative.

3.2 LAND RESOURCES

The work shall include the preservation of all public and private property, wetlands, monuments, power and telephone lines, other utilities, etc., along and adjacent to the dredging and disposal areas insofar as they may be endangered. Any utility lines damaged shall be repaired. When or where any direct or indirect damages or injury are done to public or private property by, or on account of, any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof, such property shall be restored to a condition similar and equal to that existing before such damage or injury was done.

3.3 WATER RESOURCES

Monitor all areas affected by dredging and disposal/placement activities to prevent pollution of marine waters. All Federal and State laws concerning contamination of water shall be complied with. Fouling or polluting water is not permitted and special precaution shall be taken to preserve water quality.

3.4 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.4.1 Sound Intrusions

Keep dredging activities under surveillance and control to minimize environment damage by noise. Comply with all Federal, State, and local regulations.

The Contractor is advised that noise control and reduction of construction impacts are of particular importance. Contractor shall muffle motors on dredge and other floating plant and take other steps as necessary to comply with local laws and ordinances.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.5.1 Solid Wastes

Place solid wastes in containers that are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no

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hazardous or toxic waste will become co-mingled with solid waste. Dispose of solid waste in compliance with Federal, State, and local requirements for solid waste disposal.

3.5.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to marine waters. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums must be monitored and removed when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. At a minimum, manage and store hazardous waste in compliance with 40 CFR 262. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes, protect it from the weather by placing it in a safe covered location, and take precautionary measures as appropriate to prevent accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations is the Contractor's responsibility. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the COR. Cleanup and cleanup costs due to spills are the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

3.5.4 Fuel and Lubricants

Storage, fueling, and lubrication of equipment shall be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants, and oil in accordance with all Federal, state, regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel shall be in accordance with all Federal, State, and local laws and regulations.

3.6 BIOLOGICAL RESOURCES

No toxic material or petroleum products shall be washed into or permitted to enter marine waters. At all times in performing the work, steps shall be taken to prevent interference or disturbance of safe passage to spawning areas of anadromous and other game fish. Visual observation in disposal area and in area of dredging shall be performed by the Contractor. If any distressed or dead fish are observed by the Contractor, work shall be stopped and the COR immediately notified.

W912DW-16-B-00…