R0003.PDF

W68MD953273642

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-0004 – FY17 – FY18 Grays Harbor Inner Harbor O&M and Deepening 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 21-Apr-2016

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DW-16-B-0004

X 9B. DATED (SEE ITEM 11)

25-Mar-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

21-Apr-2016

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-0004

CONTINUATION PAGE

1. This amendment three (0003) provides for revisions to the following sections in their entirety:

Schedule, 01 00 02 Supplementary Requirements for Dredging; 01 22 00 Measurement and Payment;

and 35 20 23 Dredging.

2. Portions of Sections 00 72 00 – Contact Clauses and 00 73 00 – Special Contract (SC) Requirements have been revised and are incorporated herein. These sections will be provided in their entirety with issuance of the contract.

3. The date and time of bid opening of April 28, 2016 at 1:00:00 p.m. LOCAL TIME remains the same.

The SF1442 Solicitation, Offer and Award is revised to reflect the date and time.

4. The attached revised sections unless indicated, 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.

5. NOTICE TO BIDDERS: Bidders must acknowledge receipt of this amendment by number and date on bid. Please mark outside of envelope in which your bid is enclosed to show amendment received.

Encl:

SF1442 (revised) Schedule (revised) 00 72 00 (revised) 00 73 00 (revised) 01 00 02 (revised) 01 22 00 (revised) 35 20 23 (revised) Plans (revisions indicated in Section 00 72 00)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by the offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE W912DW

Seattle District, Corps of Engineers

ATTN: CECT

PO Box 3755 Seattle, WA 98124-3755

8. ADDRESS OFFER TO

Seattle District, Corps of Engineers PO Box 3755 ATTN: CECT Seattle, WA 98124-3755

HAND CARRY: Federal Center South Building 1202 4735 East Marginal Way South Seattle, WA 98134-2329

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

Furnish all labor, materials and equipment and perform all work for

11. The Contractor shall begin performance within calendar days and complete it with calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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Typewritten Text in accordance with the attached Contract Clauses, Special Clauses, Technical Specifications and Drawings.

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W912DW-16-B-0004

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Typewritten Text Caroline Mueller

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Typewritten Text 206-764-6741 caroline.b.mueller@usace.army.mil

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Typewritten Text 1:00:00 p.m.

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Typewritten Text 28 April 2016

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25 MAR 2016

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W68MD953273642

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Typewritten Text FY17 - FY18 Grays Harbor Inner Harbor O&M and Deepening Dredging, Grays Harbor, Washington

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Typewritten Text R0003

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Line

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OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

Tax ID No: DUNS No:

email: Cage Code:

15. TELEPHONE NUMBER (Include area code) Fax No.:

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS See Schedule

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

US Army Corps of Engineers Finance Center

CEFC-AO-P

5722 Integrity Drive Millington, TN 38054-500

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

BY

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Typewritten Text United States Army Corps of Engineers Seattle District

ATTN: CENWS-OD

PO Box 3755 Seattle, WA 98124-3755

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BONILIE L. LACKEY

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SEE ALTERATIONS IN CONTRACT, PAGE 00 11 00 -3

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FY17-FY18 GH Inner Harbor O&M/Deepening Dredging 16016 Grays Harbor, WA

W912DW-16-B-0004 00 11 00-5 R0003

CONTRACT LINE ITEM SCHEDULE (CLIN)

Item No. Description of Item

Estimated Quantity (Note 1) Unit

Unit Price Amount

BASE ITEMS

0001 Mobilization and Demobilization (Note 2)

0001AA First Work Window 1 JOB $_____ $________

0001AB Second Work Window 1 JOB $_____ $________

0001AC Third Work Window 1 JOB $_____ $________

0002 Dredging and Disposal – O&M (Note 3) 800,000 CY $_____ $________

0003 Dredging and Disposal – Deepening (Note 4) 1,700,000 CY $_____ $________

0004 Water Quality Monitoring 20 Day $_____ $________

TOTAL AMOUNT BASE PERIOD BASE ITEMS: $________________

OPTIONAL ITEMS

0005 Dredging and Disposal – O&M (Note 3)

0005AA Additional O&M Volume 200,000 CY $_____ $________

0005AB Additional O&M Volume 300,000 CY $_____ $________

0006 Dredging and Disposal – Deepening (Note 4)

0006AA Additional Deepening Volume 300,000 CY $_____ $________

0006AB Additional Deepening Volume 500,000 CY $_____ $________

0007 Unsuitable Material Dredging (Note 5)

0007AA Dredging (Note 5) 22,000 10,000

CY $_____ $________

0007AB

Transport, Transload and Placement (Note 6) Additional Dredging

22,000 12,000

CY $_____ $________

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W912DW-16-B-0004 00 11 00-6 R0003

0008 Unsuitable Material Water Quality (WQ) Monitoring

0008AA WQ Monitoring – Unsuitable Material 5 DAY $_____ $________

0008AB WQ Monitoring – Unsuitable Material 10 DAY $_____ $________

0009 Maintenance Dredging and Disposal During Construction (MDDDC) (Note 7)

0009AA Additional MDDDC – O&M 400,000 CY $_____ $________

0009AB Additional MDDDC – O&M 400,000 CY $_____ $________

0010 Additional WQ Monitoring

0010AA Additional WQ Monitoring 5 DAY $_____ $________

0010AB Additional WQ Monitoring 200 DAY $_____ $________

0011 Additional Mobilization and Demobilization 1 JOB $_____ $________

0012 Unsuitable Material Transport, Transload and Placement (Note 6)

0012AA Transport, Transload and Placement 10,000 CY $_____ $________

0012AB

Additional Transport, Transload and Placement

12,000 CY $_____ $________

TOTAL AMOUNT BASE PERIOD OPTIONAL ITEMS: $________________

TOTAL AMOUNT BASE PERIOD (BASE PLUS OPTION ITEMS): $________________

W912DW-16-B-0004 00 11 00-7 R0003

NOTE 1: Quantities are estimated except where units are indicated as “JOB”.

NOTE 2: “Mobilization and Demobilization First, Second, or Third Window” includes mob/demob for the defined work window. See Section 35 20 23-1.3 for details regarding work windows.

NOTE 3: “Dredging and Disposal – O&M” represent “recently deposited” sediment located in any of the four reaches. See Section 35 20 23-1.51.4 for details regarding the characteristics of the sediment.

NOTE 4: “Dredging and Disposal - Deepening” represent “partially disturbed” and “native” sediment located in any of the four reaches. See Section 35 20 23-1.51.4 for details regarding the characteristics of the sediment.

NOTE 5: “Unsuitable Material Dredging” is defined as the unsuitable material located in the Cow Point DMMU, subunit CP32a. See Section 35 20 23-1.5 and Section 35 20 24 for details regarding the characteristics of the sediment. The volume of suitable material located above the specified wedge of “unsuitable material” will be applied to the O&M and Deepening Dredging CLINs as appropriate. The AA item Item 0007 includes only dredging and placement of the material into the barge.

NOTE 6: “Unsuitable Material Transport, Transload and Placement” includes all activities commencing with the transport of the barged material to the transloading location to the final placement of the material into the upland placement site, and all activities required for transport, transloading, upland site development, and placement (Section 35 20 24). The AB item Item 0012 includes transport, transloading, and placement of material in the upland site, to include requirements for water management and environmental compliance.

NOTE7: “Maintenance Dredging and Disposal During Construction (MDDDC)” is for maintenance dredging in subsequent work windows, and after the area requiring maintenance dredging has already been deepened. “Additional MDDDC – O&M” represent “recently deposited” sediment located in any of the four reaches. See Section 35 20 23-1.5 for details regarding the characteristics of the sediment.

CY = cubic yards

END OF SECTION

SUMMARY OF CHANGES

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES — SUBDIVIDED ITEMS (MAR 1995) -- UAI

This variation in estimated quantities clause is applicable only to Option Items 0005, 0006, 0007, 0008, 0009, 0010, and 0012.

(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 Option Items 0005, 0006, 0007, 0008, 0009, 0010, and 0012 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 52.212-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Option Items 0005, 0006, 0007, 0008, 0009, 0010, and 0012 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 Option Items 0005, 0006, 0007, 0008, 0009, 0010, and 0012 exceeds 115% or is less than 85% of the 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.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(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 of any discrepancies;

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

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

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

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

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(d) Omissions from the drawings or specifications or the misdescription of details of work that 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 on the following index of drawings:

INDEX OF DRAWINGS

FY17-18 Inner Harbor O&M and Channel Deepening Dredging

Grays Harbor, Washington

FILE NUMBER: E-5-1-128, 1 MAR 2016

SHEET

NUMBER

PLATE

NUMBER TITLE

REVISION NO.

1 G-1 Title, Vicinity Map, and Drawing Index

2 G-2 General Plan R0003

3 O-2 Disposal Sites

4 O-3 Crossover Channel and North Channel R0003

5 O-4 North Channel, Hoquiam Reach, and Cow Point Reaches R0003

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

SHEET

NUMBER TITLE/DESCRIPTION DATE

E-5-13-363 1 Crossover Channel -Condition, 2016gr009 (Sta. 715+29 to Sta. 863+62 14 Jan 2016

E-5-13-363 2 Crossover Channel -Condition, 2016gr009 (Sta. 715+29 to Sta. 863+62 14 Jan 2016

E-5-13-363 3 Crossover Channel -Condition, 2016gr009 (Sta. 715+29 to Sta. 863+62 14 Jan 2016

E-5-2-671 1 Inner Grays Harbor – Condition, 2016gr012 (Sta.

871+00 to S ta. 943+15) 13 Jan 2016

E-5-2-671 2

Inner Grays Harbor – Condition, 2016gr012 (Sta.

871+00 to Sta. 943+15); Condition, 2016gr008 (Sta.

943+15 to Sta. 1000+63)

13 Jan 2016;

11 Jan 2016

E-5-2-671 3

Inner Grays Harbor – Condition, 2016gr008 (Sta.

943+15 to Sta. 1000+63); Condition, 2016gr011 (Sta.

1000+63 to Sta. 1082+00)

11 Jan 2016;

13 Jan 2016

E-5-2-671 4 Inner Grays Harbor – Condition, 2016gr011 (Sta.

1000+63 to Sta. 1082+00) 13 Jan 2016

E-5-2-671 5

Inner Grays Harbor – Condition, 2016gr011 (Sta.

1000+63 to Sta. 1082+00); Condition, 2016gr007 (Sta.

1079+00 to Sta. 1160+00)

13 Jan 2016;

11 Jan 2016

FILE

SHEET

NUMBER TITLE/DESCRIPTION DATE

E-5-2-671 6

Inner Grays Harbor – Condition, 2016gr007 (Sta.

1079+00 to Sta. 1160+00); Condition, 2016gr010 (Sta.

1150+00 to Sta. 1193+40)

11 Jan 2016;

15 Jan 2016

E-5-2-671 7

Inner Grays Harbor – Condition, 2016gr010 (Sta.

1150+00 to Sta. 1193+40); Condition, 2016gr006 (Sta.

1193+00 to Sta. 1237+00)

15 Jan 2016;

11 Jan 2016

E-5-2-671 8 Inner Grays Harbor – Condition, 2016gr006 (Sta.

1193+00 to Sta. 1237+00) 11 Jan 2016

--END OF SECTION--

(End of clause)

SECTION 00 73 00 – SPECIAL CONTRACT (SC) REQUIREMENTS

SC-1 OPTION FOR INCREASED QUANTITY

(a) The Government may increase the quantity of work awarded under one or more Optional Items 0005AA, 0005AB, 0006AA, 0006AB, 0007AA, 0007AB, 0008AA, 0008AB, 0009AA, 0009AB, 0010AA, 0010AB, 0011, 0012AA, and 0012AB at any time, or not at all, but no later than 14 calendar days prior to the end of the work window.

The Government may exercise any of the Optional Items, if at all, in one or more unit increments. The Government may increase the quantity of work awarded by exercising one or more of the Optional Items, if at all, once or multiple times. Exercise of Optional Items is at the discretion of the Contracting Officer during the course of the applicable Performance Period, as defined in FAR clause 52.211-10, Commencement, Prosecution and Completion of Work.

Notice to Proceed (NTP) for work item(s) added by exercise of Optional Item(s) will be given upon execution of

Consent of Surety. Award of Optional 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.

(c) The time allowed for completion of any Base or Optional items awarded under this contract will run concurrently with the contract Performance Period, as defined in FAR clause 52.211-10, Commencement, Prosecution and

Completion of Work.

(End of Summary of Changes)

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W912DW-16-B-0004 01 00 02-1 R0003

SECTION 01 00 02

SUPPLEMENTARY REQUIREMENTS FOR DREDGING

PART 1 – GENERAL

1.1 PROPOSED PROJECT MODIFICATIONS:

Prior to performing actions considered a change in time or costs, written notice for review and decision on whether to process a contract modification is required. Contractor shall not proceed with any changes they consider increases to time or costs. All changes to the contract will be in writing and signed by the Contracting Officer. Price proposals for proposed modifications shall be submitted in accordance with the requirements of the Contract Clause MODIFICATION PROPOSALS - PRICE BREAKDOWNS. If change order work impacts or delays other unchanged contract work, the costs of such impacts or delays shall be included in the proposals and separately identified. Additional instructions for submitting price proposals can be found Contract Clause INSTRUCTION AND INFORMATION FOR CONTRACTORS. Additional guidance is provided in NPSP-415-1-1, Contractor’s Guide to Contract Administration. A copy of this manual is available on at http://rmssupport.com/datafiles/Contractors%20Guide.PDF.

1.2 SCHEDULE

Instruction and Information herein supplement requirements of Paragraph SCHEDULE FOR CONSTRUCTION of the CONTRACT CLAUSES and Section 01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS). Additional instructions are found in the NPSP 415-1-1, INSTRUCTIONS AND INFORMATION FOR CONTRACTORS.

The Schedule shall be submitted within ten (10) calendar days after date of receipt of notice to proceed (NTP). The Schedule shall show the total bid amount distributed among the features of work and show the percentage of completion at close of each weekly period. This percentage shall be based on percentage of physical completion of work.

1.3 CONDITION AND SURVEY CROSS-SECTIONS

Drawings showing condition surveys and cross section sheets are furnished for information only.

1.4 PROJECT SPECIFIC 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. Please see FAR clause 52.236-4 PHYSCIAL DATA for additional information.

(a) 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

W912DW-16-B-0004 01 00 02-2 R0003

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.

(b) 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.

(c) 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 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.

(d) 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 01 00 02-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.

1.5 NOTICE TO MARINERS (NTM)

Contractor shall request a NTM from the U.S. Coast Guard at least fourteen (14) calendar days prior to the start of any dredging, in writing via email (D13-P3-LNM@uscg.mil):

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Commander, 13th Coast Guard District (dpw) 915 Second Avenue, 35th Floor, Room 3510 Seattle, Washington 98174

A copy must be submitted to the COR at least ten (10) calendar days prior to start of any dredging.

The NTM shall be updated and submitted to the USCG every two weeks within each work window, with a copy submitted to the COR.

1.6 PUBLIC CONVENIENCE AND SAFETY

Contractor shall take necessary care at all times in operations and use of its equipment to protect the public and to facilitate traffic.

The Contractor shall coordinate transloading, transport, and traffic control for the placement of the unsuitable material at the upland disposal site with the Port of Grays Harbor and the City of Hoquiam. The Contractor shall be responsible for all required plans, permits and fees regarding the upland placement of the material. The Contractor shall ensure public convenience and safety at all times during the transloading, transport, and placement of this material in the upland site.

1.7 DREDGING SAFETY MANAGEMENT PROGRAM

a) The Contractor shall comply with the provisions of the EM 385 1-1, http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf. This version is immediately applicable to all government workers and to contractors as well, although applicability of changes is based on date of contract solicitation. The Contractor shall submit within ten (10) calendar days of NTP, an Accident Prevention Plan. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP), submit within ten (10) calendar days of NTP:

1) Make available for review, upon request, the Contractor's current Safety Management System (SMS) documentation.

2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS.

3) Submit the current dredge(s) Certificate of Compliance based on third party audit and a floating service Naval Architectural Analysis for all vessels utilizing floating cranes/derricks (Crane/Derrick Stability Analysis) per the EM 385-1-1 manual.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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4) Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

b) Site Safety and Health Officer (SSHO) Requirements for Dredging:

1) Site Safety and Health Officer (SSHO) Staffing for USACE Dredging Contracts.

Dredging contracts may include several project sites; this contract requires a minimum of one full time SSHO assigned per project site. Example of one dredging project site is a mechanical dredge, tug(s) and scow(s), scow route, and material placement site, or a hydraulic pipeline dredge, attendant plant, and material placement site. For individual dredging project sites with a work force less than 8 employees, the SSHO may be a collateral duty, with the same responsibilities of a full time SSHO.

2) In addition to requirements stated elsewhere in this specification, the SSHO shall be present at the project site, located so they have full mobility and reasonable access to all major work operations, for at least one shift in each 24 hour period when work is being done. The SSHO, or Alternate SSHO, shall be available during all shifts for immediate verbal consultation and notification, either by phone or radio, and be able to be on site within 30 minutes. The SSHO shall be a full-time, dedicated position, except as noted above. The SSHO shall report to a senior project (or corporate) officials.

3) The SSHO shall inspect all work areas and operations during initial set-up and at least monthly observe and provide personal oversight on each shift during dredging operations for projects with many work sites, more often for those with less work sites.

4) For projects with multiple shifts or when SSHO is temporarily off-site, a qualified Alternate SSHO will be assigned to insure SSHO coverage for the project at all times work activities are conducted. The Alternate SSHO must meet the same requirements and assume the responsibilities of the project SSHO. The Alternate SSHO position may be a collateral duty.

5) If the SSHO is off-site for longer than 24 hours, a qualified replacement SSHO shall be provided and shall fulfill the same roles and responsibilities as the primary/initial SSHO.

1.8 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.

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(2) General Liability:

(a) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $5,000,000 per person, 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 $1,000,000 per person and $1,000,000 per occurrence for bodily injury and $1,000,000 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.

1.9 FLOATING VESSELS

All self propelled floating vessels, and operators thereof, shall be certified and conform to the requirements as specified in EM 385 1-1, http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf. A Naval Architectural Analysis is required for all vessels utilizing floating cranes/derricks (Crane/Derrick Stability Analysis) per the EM 385-1-1 manual. Copies of the Coast Guard certification (if applicable) and crane test certificates (if applicable) shall be submitted with the Accident Prevention Plan.

1.10 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed;

vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway

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or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules:

International Inland (COMDTINST M16672.2), of 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.11 PERMITS AND RESPONSIBILITIES:

The Government has obtained the following permits/licenses related to the construction of this project:

- Washington State Department of Ecology, Water Quality Certification – Order #10742, dated 13 June 2014 (Section 01 57 20.00 10-A).

- Washington State Department of Ecology, Water Quality Certification – Order #10742, First Amendment, dated 19 May 2015 (Section 01 57 20.00 10-B).

- Temporary Work Area Easement, a portion of Lots 10 and 11, and Lot 4, Tract 11, Hoquiam Tidelands, Assessor’s Property Tax Parcel/Account Number 056401100100 and 056401000301, dated 17 February 2016 (Section 01 00 02-B).

It is the responsibility of the Contractor to obtain all other permits/licenses required for this project as required under the Contract Clauses paragraph entitled PERMITS AND

RESPONSBILITIES.

1.12 MISPLACED MATERIAL

Should the Contractor during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the COR may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the COR or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the COR, and the cost of such removal may be deducted from any money due or to become due to the Contractor, or may be recovered under his bond. The liability of the Contractor of the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19 and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 409, 414, 415).

Payment will not be made for any material that is deposited elsewhere than in disposal area shown or as approved by the Contracting Officer. The Contractor may be required to remove such misplaced material and deposit it in an area acceptable to the Contracting Officer at no additional cost to the Government.

1.13 INSPECTION

The presence of the Government inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

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

b) To furnish, on request of the COR or any inspector, suitable transportation from all points on shore designated by the COR to and from the various pieces of plant and to and from the dumping grounds. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the COR, and the cost thereof will be deducted from any amounts due, or to become due, the Contractor.

c) On request of the COR, allow the Government to temporarily install a construction camera, provided by the Government, on the dredge vessel. In general, the location provided shall provide for a 360 degree viewpoint permitting the observation of the crane deck and dredge barge. The mounting point shall consist of a wooden or metal stanchion, a minimum of 3 inches in diameter, but not greater than 6 inches in diameter. In addition, the contractor shall provide a source of electrical power consisting of 110v, 20 Amp. Mounting location shall be agreed upon after contract award. Contractor shall be given access to the camera’s web based video feed.

1.14 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or any section thereof (if the work is divided into sections) as in the opinion of the COR will not be subject to damage by further operations under the Contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the COR. Acceptance will be based on the removal of all dredge material above the “Required Dredging Depth.” The Government will verify full removal by visual examination of a bathymetric drawing showing multi-beam survey data, sorted by a 75x75 matrix (median depth) with contour lines using a 5x5 matrix. If there are sections of concern, an additional analysis using cross-sections at 25 foot intervals from a 5x5 matrix surface will be used to confirm whether material was removed to specified depth required in the channel prism, including channel sideslopes. Should any shoals, lumps, or other lack of Contract depth be disclosed by this examination, the Contractor will be required to remove these areas by dredging at the Contract unit rate. If the bottom is soft and the shoaled areas are small and form no material obstruction to navigation, the removal of such shoal may be waived by the discretion of the COR. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made and will be permitted to accompany the survey party. When the area is found in a satisfactory condition, it will be accepted finally.

Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or part of the work.

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1.15 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.

1.16 SHOALING:

If, before the Contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, re-dredging at contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the COR.

1.17 CONTRACTOR FIELD OFFICE

The Contractor shall locate all field office elements at one site, regardless of the numbers and types of dredges used. The Contractor shall coordinate directly with the Port of Grays Harbor, City of Hoquiam, or City of Aberdeen for property locations owned by those entities.

1.18 ENVIRONMENTAL LITIGATION:

If the performance of all or any part of the work is suspended, delayed or interrupted due to an order of the court of competent jurisdiction as a result of environmental litigation, the COR, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier than as required by the terms of this contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer in the administration of this contract under the terms of the “Suspension of Work” clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to the provisions thereof. The term “environmental litigation”, as used herein, means a lawsuit alleging that the work will have an http://www.cpars.csd.disa.mil/

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adverse effect that the Government has not duly considered on the environment, either substantially or procedurally.

1.19 PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL

RESOURCES (1985 JAN OCE):

Known historical, archeological and cultural resources within the Contractor's work area are designated on the contract drawings. The Contractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the contract.

If, during dredging activities, the Contractor observes items that might have historical or archeological value, such observations shall be reported immediately to the COR so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from trespassing on, removing, or otherwise damaging such resources.

1.20 PROTECTION AND RESTORATION OF PROPERTY

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

The restoration shall be completed before final acceptance of the project.

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SECTION 01 22 00

MEASUREMENT AND PAYMENT

1.1 GENERAL

Contract price for items listed in schedule shall constitute full compensation for furnishing all plant, labor, materials, appliances, services, and incidentals, and performing all operations necessary to construct and complete the items in accordance with these specifications and the applicable drawings. Payment for each item shall be considered as full compensation, notwithstanding that minor features may not be mentioned herein. No separate payment will be made for the work, services, or operations required by the Contractor to complete the project in accordance with these specifications, and all cost thereof shall be considered as incidental to the work. Drawings are believed to accurately present conditions existing at the time survey was taken. Channel depths, where shown on drawings, will be verified and corrected by soundings taken before dredging. Once the determination of quantities removed and deductions for misplaced or over-dredged material of in-place measurement has been made, the determination will not be reopened except on evidence of collusion, fraud, or obvious error.

1.2 MEASUREMENT

Dredged material removed under Base Items 0002, 0003, and Optional Items 0005, 0006, 0007, and 0009, will be measured by the Government for payment using in-place measurement.

Measurement for payment will be based on pre-dredging and post-dredging surveys. Progress surveys will not be more frequent than every 2 weeks. No payment will be made for material removed outside the limits of maximum pay depth and side slopes described in Paragraphs Minimum Pay Depth and Maximum Pay Depth and Side Slopes. Proper deductions will be made for misplaced material described in Section 01 00 02 SUPPLEMENTARY REQUIREMENTS FOR DREDGING, Paragraph MISPLACED MATERIAL and Section 35 20 23 DREDGING, Paragraph DISPOSAL OF DREDGED MATERIAL.

1.2.1 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…