B.08.03 Amendment 0002, Fernandina Harbor.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Fernandina Harbor, Maintenance Dredging, 35 and 36-Foot Project Nassau County, Florida A. See Continuation Sheet for Amendment Details B. Bid Opening Date of 21 August 2020, remains unchanged

1. CONTRACT ID CODE PAGE OF PAGES

J 1 23

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

16C. DATE SIGNED

BY

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 W912EP20B0005

X 9B. DATED (SEE ITEM 11)

22-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Aug-2020

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Fernandina Harbor, Maintenance Dredging, 35 and 36-Foot Project Nassau County, Florida

W912EP20B0005 2 Amendment 0002

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes have been updated with additions noted by underlined text (green in PDF) and deletions noted by line/cross-outs (red in PDF). These text changes pertain only to changes made by this amendment.

DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.

2. DRAWINGS: No change to drawings.

(End of Summary of Changes)

Fernandina Harbor, Maintenance Dredging 35 and 36-Foot Project, Nassau County, Florida

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.3 SUBMITTALS

1.4 DREDGING RESTRICTIONS

1.4.1 Order of Work

1.4.2 Transportation of Material

1.5 SPECIAL INSTRUCTIONS

1.6 PUMPING OF BILGES

1.7 HISTORICAL PERIOD SHIPWRECK SITES

1.8 UTILITY CROSSINGS

1.8.1 General

1.9 PERMITS

1.10 FUEL OIL TRANSFER OPERATIONS

1.11 SIGNAL LIGHTS

1.12 NOTICE TO MARINERS -- DREDGING CONTRACTS

1.13 FINAL CLEANUP

1.14 WORK VIOLATIONS

1.15 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM SYSTEM (DREDGES AND

DUMP SCOWS)

1.15.1 System Requirements

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 NOTIFICATION OF COAST GUARD

3.1.1 Navigation Aids

3.1.2 Dredging Aids

3.1.3 Surveillance of Ocean Disposal

3.2 WORK AREA

3.2.1 Access

3.2.2 Protection of Existing Waterways

3.2.3 Adjacent Property and Structures

3.2.4 Subaqueous Cable Crossings

3.3 DISPOSAL OF EXCAVATED MATERIAL

3.3.1 Ocean Dredged Material Disposal Site (ODMDS)

3.3.2 Offshore Disposal

3.3.3 Release and No Release Zones

3.3.4 Post-Dump Closure of Release Mechanisms

3.3.5 Spillage/Leakage During Transport to Disposal Site

3.3.6 Mis-Dump

3.3.7 Electronic Tracking System (ETS) for Ocean Disposal Vessels

3.3.7.1 ETS Standards

SECTION 35 20 23 Page 1 W912EP20B0005 Amendment 0002

3.3.7.2 ETS Data Requirements and Submissions

3.3.8 Dredge Discharge Pipeline

3.3.9 Submerged Pipeline

3.3.10 Floating Pipeline

3.3.11 Misplaced Material

3.4 REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SIDE SLOPES

3.4.1 Required Depth

3.4.2 Allowable Overdepth

3.4.3 Side Slopes

3.4.4 Excessive Dredging

3.4.5 Areas to be Dredged

3.4.6 Acceptance Sections

3.5 SURVEYS

3.5.1 General

3.5.2 Contractor Representative

3.5.3 Survey Certification

3.5.4 Tide Data

3.5.4.1 Real Time Kinematic (RTK) GPS

3.5.4.2 Kinematic Tidal Datum

3.6 INSPECTION

3.6.1 Quality Assurance Representative (QAR)

3.6.2 Failure to Comply

3.7 FINAL EXAMINATION AND ACCEPTANCE

3.7.1 Final Examination of Work

3.7.2 Bed Leveling

3.7.3 Bed Leveling - Reporting and Documenting

3.7.4 Final Acceptance

3.8 SHOALING

3.9 CONTINUITY OF WORK

3.10 NOISE CONTROL

3.11 DREDGE CERTIFICATION

3.12 GENERAL DREDGING SAFETY REQUIREMENTS

3.12.1 Dredge Plant Restriction Definitions

3.12.1.1 Certification Required Line - Coast Guard Inspected

(CRL-C)

3.12.1.2 Certification Required Line - Load Line (CRL-L)

3.12.1.3 Certification Required Line - Hopper (CRL-H)

3.12.2 Certification of Attendant and Auxiliary Plant

3.12.3 Minimum Tow-Boat Requirements

3.12.4 Harbor Specific Dredging Restrictions

3.12.4.1 Fernandina Harbor

3.13 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 35 20 23 Page 2

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 SCOPE

The work covered by this section consists of furnishing all labor, materials, and equipment, and performing all excavation and disposal of all material as specified herein or indicated on the drawings. This scope also includes all necessary measures for protection of the environment.

Environmental protection requirements under this contract are as important to overall completion of the work as other technical aspects. Failure to meet the requirements of these specifications for environmental protection may result in work stoppages or termination for default. No part of the time lost due to any such work stoppages shall be made the subject of claims for extensions of time or for excess costs or damages by the Contractor. If the Contractor fails or refuses to promptly repair any damage caused by violation of the provisions of these specifications, the Contracting Officer may have the necessary work performed and charge the cost thereof to the Contractor.

1.2 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual

EM 1110-1-1000 (2015) Photogrammetric and LiDAR Mapping

EM 1110-1-1002 (2012) Survey Markers and Monumentation

EM 1110-1-1003 (2011) NAVSTAR Global Positioning System Surveying

EM 1110-1-1005 (2007) Control and Topographic Surveying

EM 1110-1-2909 (2012) Geospatial Data and Systems

EM 1110-2-1003 (2013) Hydrographic Surveying

FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS (FBPSM)

FBPSM Minimum Technical Standards, Chapters 177, 472, 61G17

TRI-SERVICE STANDARDS (TSS)

TSS (2006) A/E/C CADD Standards

SECTION 35 20 23 Page 3

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Notice of Intent to Dredge

Prior to commencement of work on this contract, the Contractor shall notify the Commander, Seventh Coast Guard District of his intended operations to dredge and request that it be published in the Local Notice to Mariners. This notification must be given in sufficient time so that it appears in the Notice to Mariners at least two weeks prior to the commencement of this dredging operation. A copy of the notification shall be provided to the Contracting Officer.

Relocation of Navigation Aids

The Contractor shall not remove, change the location of, obstruct, willfully damage, make fast to, or interfere with any aid to navigation. Within 7 calendar days following receipt of Notice to Proceed, the Contractor shall notify the Commander, Seventh Coast Guard District, Miami, Florida, of his plan to dredge adjacent to any aids which require relocation to facilitate dredging. The notification shall be sent via Fax to 305-415-6757, ATTN: Mr. Gene Stratten. This notification shall be immediately followed by a formal written request with a copy to the Contracting Officer. The Contractor shall also contact the U.S.

Coast Guard, 305-415-6750, for information concerning the position to which the aids will be relocated.

SD-02 Shop Drawings

Drag Bar

Submit drawings and one photograph showing drag bar equipment used for final leveling work indicated in the paragraph FINAL EXAMINATION AND ACCEPTANCE below.

Acceptance Sections Plan ; G, RO

SD-07 Certificates

ETS Data

The Contractor shall furnish required discs, CD-ROM, and charts to the Contracting Officer.

Equipment and Performance Data

The Contractor shall furnish proof of electronic positioning equipment calibration to the Contracting Officer.

Historical Period Shipwreck Sites

SECTION 35 20 23 Page 4

The Contractor shall immediately notify the Contracting Officer if any shipwreck, artifact, or other objects of antiquity that have scientific or historical value, or are of interest to the public, are discovered, located, and/or recovered.

Surveys

The Contractor shall give 10 days advance notice, in writing, to the Contracting Officer of the need for a pre-dredging survey or after-dredging survey for final acceptance for each acceptance section.

Daily/Monthly Report of Operations

The Contractor shall prepare on RMS and submit one (1) signed hard copy and one (1) soft copy of the Daily Report of Operations, using either ENG Form No. 27A or ENG Form No. 4267, for each dredge and/or unloader working. This report shall be submitted on a daily basis and not in groups (groups = multi-days reports packaged together at one time). In addition to the daily report, the Contractor shall prepare a Monthly Report of Operations for each month or partial month's work on either ENG Form No. 27A or ENG Form No. 4267. The monthly report shall be submitted on or before the 7th of each month, consolidating the previous month's work. Upon completion of the job, the Contractor shall submit a consolidated job report, combining the monthly reports. The Contractor shall distribute one copy of each report to the District Engineer; ATTN: CESAJ-EN-C; U.S. Army Engineer District, Jacksonville, P.O. Box 4970; Jacksonville, Florida 32232-0019.

Reports shall be submitted on a monthly basis with daily reports accompanying the monthly report and job report.

Additionally, one copy of the form(s) shall be maintained by the Contractor on the dredge(s) for the Contracting Officer's inspection purpose. Further instructions on the preparation of the reports will be furnished at the Preconstruction Conference.

Misplaced Material

The Contractor shall notify the U.S. Coast Guard Marine Safety Office of any misplaced material as stated in the Clause OBSTRUCTION OF NAVIGABLE WATERWAYS of Section 00700 CONTRACT CLAUSES in Volume 1.

Declaration of Inspection

Refer to paragraph FUEL OIL TRANSFER OPERATIONS below for submittal.

Surveillance of Ocean Disposal

Refer to subparagraph "Surveillance of Ocean Disposal" of paragraph NOTIFICATION OF COAST GUARD below for submittal.

SECTION 35 20 23 Page 5

1.4 DREDGING RESTRICTIONS

1.4.1 Order of Work

There is no specific order of work for this project. Unless otherwise approved by the Contracting Officer, a reach is defined as a single acceptance section. Multiple reaches may be worked simultaneously if multiple dredges are utilized by the Contractor.

1.4.2 Transportation of Material

Water and dredge material shall not be permitted to overflow or spill out of barges or hopper dredges during transport to the disposal site.

1.5 SPECIAL INSTRUCTIONS

Dredging of insitu rock is not required; but if encountered, the location and extent of any insitu rock above grade or required depth shall be reported to the Contracting Officer.

1.6 PUMPING OF BILGES

Contractors are warned that pumping oil or bilge water containing oil into navigable waters, or into areas which would permit the oil to flow into such waters, is prohibited by Section 13 of the River and Harbor Act of 1899, approved 3 March 1899 (30 Stat. 1152; 33 U.S.C. 407). Violation of this prohibition is subject to the penalties under the referenced Acts.

1.7 HISTORICAL PERIOD SHIPWRECK SITES

If any shipwreck, artifact, or other objects of antiquity that have scientific or historical value, or are of interest to the public, are discovered, located, and/or recovered, the Contractor acknowledges that:

a. The site(s), articles, or other materials are the property of the State of Florida, with title vested in the Department of State, Division of Historical Resource; and that,

b. He will immediately notify the Contracting Officer.

1.8 UTILITY CROSSINGS

1.8.1 General

It is the Contractor's responsibility to investigate the location of all utility crossings. The Contractor shall take precautions against damages which might result from his operations in the vicinity of the utility crossings. If any damage occurs as a result of his operations, the Contractor will be required to suspend dredging until the damage is repaired and approved by the Contracting Officer. Costs of such repairs and downtime of the dredge and attendant plant shall be at the Contractor's expense.

1.9 PERMITS

The Contractor's attention is directed to the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1 and the paragraph PERMITS AND AUTHORIZATIONS of Section 01 57 20 ENVIRONMENTAL

PROTECTION.

SECTION 35 20 23 Page 6

1.10 FUEL OIL TRANSFER OPERATIONS

In accordance with U.S. Coast Guard regulations (33 CFR 156.120), couplings used in fuel oil transfer operations on any vessel with a capacity of 250 or more barrels of oil shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker operator shall be submitted to the Contracting Officer for each refueling operation. The U.S. Coast Guard shall also be notified prior to any refueling. A copy of the Declaration of Inspection for Refueling is on the web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below.

1.11 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct 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 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), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.12 NOTICE TO MARINERS -- DREDGING CONTRACTS

Should the Contractor, during operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall immediately notify the Contracting Officer as to the location of said object and shall provide any other pertinent information necessary for the Contracting Officer to prepare and issue a Notice to Mariners.

1.13 FINAL CLEANUP

Final cleanup, as stated in the paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK of Section 00700 CONTRACT CLAUSES in Volume 1, shall include the removal of all the Contractor's plant and equipment either for disposal or reuse. Plant and/or equipment and/or materials to be disposed of shall only be disposed in a manner and at locations approved by the Contracting Officer. Unless otherwise approved by the Contracting Officer, the Contractor will not be permitted to abandon any equipment in the disposal area or other areas adjacent to the worksite. Failure to promptly remove all plant, pipeline, equipment, and materials upon completion of the dredging will be considered a delay in the completion of the final cleanup and demobilization work. In such case, the Government will exercise its right as stated in Clause DEFAULT (FIXED-PRICE CONSTRUCTION) of Section 00700 CONTRACT CLAUSES in Volume 1 to remove any plant and/or equipment and/or materials at the Contractor's expense.

1.14 WORK VIOLATIONS

Work done in violation of these specifications or a verbal or written stop

SECTION 35 20 23 Page 7 order of the Contracting Officer will be considered as unsatisfactory progress for purposes of progress payments in accordance with Clause PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS of Section 00700 CONTRACT CLAUSES in Volume 1.

1.15 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM SYSTEM (DREDGES AND DUMP

SCOWS)

1.15.1 System Requirements

See Section 35 20 26 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM SCOW - ULLAGE PROFILE and Section 35 20 27 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE HYDRAULIC DREDGE and/or Section 35 20 28 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE. However, in the event of NDQMP System failure (not fully operational), the Contractor shall notify the Contracting Officer and continue tracking using ETS (see paragraph "Electronic Tracking System (ETS) for Ocean Disposal Vessels" below) for up to 48 hours until the NDQMP System is fully operational and in use. If, upon NDQMP System failure, the Contractor cannot use ETS or cannot use the NDQMP System within 48 hours of failure, all dredging operations for the vessel shall cease until the NDQMP System is fully operational. Any delays resulting from NDQMP System failure shall be at the Contractor's expense. When required to calculate displacement, the density of water shall be 64 pounds per cubic foot or its metric equivalent of 1027 kilograms per cubic meter.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 NOTIFICATION OF COAST GUARD

3.1.1 Navigation Aids

Navigation aids located within or near the areas required to be dredged will be removed, if necessary, by the U.S. Coast Guard in advance of dredging operations. Notify the U.S. Coast Guard as indicated in paragraph SUBMITTALS above for relocation of navigation aids. The Contractor shall not remove, change the location of, obstruct, willfully damage, make fast to, or interfere with any aid of navigation.

3.1.2 Dredging Aids

The Contractor shall obtain approval from the U.S. Coast Guard for all buoys, dredging aid markers to be placed in the water, and dredging aid markers affixed with a light prior to the installation. Dredging aid markers and lights shall not be colored or placed in a manner that they will obstruct or be confused with navigation aids.

3.1.3 Surveillance of Ocean Disposal

The Contractor shall notify the local Coast Guard Captain of the Port at least 5 calendar days prior to the first ocean disposal. The notification will be by certified mail with a copy to the Contracting Officer. The following information shall be included in the notification:

(1) Project designation; Corps of Engineers' Contracting Officer's name and contract number; and, the Contractor's name, address, and telephone number.

SECTION 35 20 23 Page 8

(2) Port of departure.

(3) Location of ocean disposal area.

(4) Quantity of material to be deposited in ocean.

(5) Schedule for ocean disposal, giving date and time proposed for first ocean disposal.

3.2 WORK AREA

The Contractor will be permitted to exclude the public from the work areas in the immediate vicinity of his dredging, transporting, and disposal operations. Enforcement shall be the Contractor's responsibility at no additional cost to the Government. The enforcement shall be coordinated with local enforcement agencies and will be subject to approval of the Contracting Officer.

3.2.1 Access

The Contractor shall be responsible for providing and maintaining access necessary for his equipment and plant to and from the work site, mooring area, and disposal area. The Contractor shall ascertain the environmental conditions which can affect the access such as climate, winds, currents, waves, depths, shoaling, and scouring tendencies.

3.2.2 Protection of Existing Waterways

The Contractor shall conduct his operations in such a manner that material or other debris are not pushed outside of dredging limits or otherwise deposited in existing side channels, basins, docking areas, or other areas being utilized by vessels. The Contractor will be required to change his method of operations as may be required to comply with the above requirements. Should any bottom material or other debris be pushed into areas described above, as a result of the Contractor's operations, the same must be promptly removed by and at the expense of the Contractor to the satisfaction of the Contracting Officer.

3.2.3 Adjacent Property and Structures

No dredging will be permitted within 25 feet of any structure. Any damage to private or public property or structures resulting from the disposal or dredging operations shall be repaired promptly by the Contractor at his expense. Any damage to structures as a result of the Contractor's negligence will result in suspension of dredging and shall require prompt repair at the Contractor's expense as a prerequisite to the resumption of dredging.

3.2.4 Subaqueous Cable Crossings

The Contractor shall be responsible for verifying the locations and depths of all utility crossings and take precautions against damages which might result from his operations, especially the sinking of dredge spuds and/or anchors into the channel bottom, in the vicinity of utility crossings. If any damage occurs as a result of his operations, the Contractor will be required to suspend dredging until the damage is repaired and approved by the Contracting Officer. Costs of such repairs and downtime of the dredge and attendant plant shall be at the Contractor's expense.

SECTION 35 20 23 Page 9

3.3 DISPOSAL OF EXCAVATED MATERIAL

3.3.1 Ocean Dredged Material Disposal Site (ODMDS)

Transport and place material excavated from channel into the Fernandina Ocean Dredged Material Disposal Site (ODMDS). Load volume must not exceed 9,000 cubic yards for each barge and 13,500 cubic yards for each hopper dredge. Initiate release of dredged material in the ODMDS only when the dump vessel is entirely within the boundaries of the Release Zone designated in the drawings. Do not place dredged material higher than elevation -30 feet MLLW in the ODMDS. The average distance the material will have to be transported to will be approximately 10.9 16.6 nautical miles. The maximum distance the material will have to be transported to will be approximately 11.2 17.1 nautical miles.

3.3.2 Offshore Disposal

The use of bottom dump barges or bottom dump dredges and hydraulic unloading barges and hydraulic unloading hopper dredges to dispose of dredged material in the offshore disposal area will be permitted.

3.3.3 Release and No Release Zones

Initiate release of dredged material within the ODMDS only when the transporting vessel is within the Release Zone designated in the drawings. Initiate no releases within the designated No Release Zone.

However, a release operation that has been initiated inside of the Release Zone may be continued and completed inside the No Release Zone. In the event that initiation of disposal of dredged material is outside of the Release Zone or within the No Release Zone, notify the Contracting Officer immediately of the occurrence.

3.3.4 Post-Dump Closure of Release Mechanisms

All hopper doors, dump scow doors, or split hull dumping mechanisms shall be closed and sealed prior to exiting the ODMDS site boundaries. In the case where the Contractor encounters a mechanical issue preventing hopper doors, dump scow doors, or split hull dumping mechanisms from fully closing, the operator shall circle within the boundaries of the ODMDS a minimum of three times prior to exiting the site. In the event that a dump vessel exits the ODMDS with open doors, notify the Contracting Officer immediately of the occurrence. All mechanical issues must be resolved prior to the vessel returning to service under this contract, and the Contracting Officer shall be informed of the actions taken.

3.3.5 Spillage/Leakage During Transport to Disposal Site

Excessive amounts of water and/or excavated material will not be permitted to spill, leak, overflow, or otherwise be lost from barges, dump scows, or hopper dredges while in route to the Disposal Site. Excessive leakage is defined by average loss of draft during transit from the dredging area to the Disposal Site (forward draft loss plus aft draft loss divided by 2) in excess of 1.5 feet. Excessive leakage may be classified as a mis-dump and be subject to the actions described below in paragraph Mis-Dump. Failure to repair the source(s) of material loss or change the method of operation which is resulting in material loss will result in suspension of dredging operations and will require prompt repair or a change of operation to prevent further losses as a prerequisite to the resumption of dredging.

Should excessive leakage occur, notify the Contracting Officer immediately

SECTION 35 20 23 Page 10 of the occurrence.

3.3.6 Mis-Dump

Any scow load or hopper dredge load that is released outside the boundaries of the release zone as shown on the plans will be classified as a mis-dump and will result in a suspension of dredging operations.

Redredging of such materials will be required as a prerequisite to the resumption of dredging unless the Contracting Officer, at his discretion, determines that redredging of such material is not practical. If redredging of such material is not required, then the quantity of the mis-dumped load may be deducted from the Contractor's pay quantity. If the quantity for each mis-dumped load to be deducted cannot initially be agreed to by both the Contractor and Contracting Officer, then an average hopper/scow load quantity for the entire contract will be used in the determination. In addition, the Contractor shall notify the Contracting Officer within 24 hours of a misplaced dump or any other violation of the Site Monitoring and Management Plan for the Fernandina ODMDS. Corrective actions shall be implemented by the next dump, and the Contracting Officer shall be informed of actions taken.

3.3.7 Electronic Tracking System (ETS) for Ocean Disposal Vessels

The Contractor shall furnish an ETS for surveillance of the movement and disposition of dredged material during excavation and ocean disposal.

This ETS shall be established, operated and maintained by the Contractor to continuously track in real-time the horizontal location and draft condition of the disposal vessel for the entire dredging cycle, including dredging area and disposal area. The ETS shall be capable of displaying and recording in real-time the disposal vessel's draft and location.

3.3.7.1 ETS Standards

The Contractor shall provide automated (computer) system and components to perform in accordance with EM 1110-1-2909 . A copy of the EM can be downloaded from the following web site:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx.

Horizontal location shall have an accuracy equal to or better than a standard DGPS system, equal to or better than plus/minus 10 feet (horizontal repeatability). Vertical (draft) data shall have an accuracy of plus/minus 0.1 foot. Horizontal location and vertical data shall be collected in sets and each data set shall be referenced in real-time to date and local time (to nearest minute), and shall be referenced to the same state plane coordinate system used for the survey(s) shown in the contract plans. The ETS shall be calibrated, as required, in the presence of the Contracting Officer at the work location before disposal operations have started, and at 30-day intervals while work is in progress. The Contracting Officer shall have access to the ETS in order to observe its operation. Disposal operations will not commence until the ETS to be used by the Contractor is certified by the Contracting Officer to be operational and within acceptable accuracy. It is the Contractor's responsibility to select a system that will operate properly at the work location. The complete system shall be subject to the Contracting Officer's approval.

3.3.7.2 ETS Data Requirements and Submissions

a. The ETS for each disposal vessel shall be in operation for all dredging and disposal activities and shall record the full round trip

SECTION 35 20 23 Page 11 for each loading and disposal cycle. (NOTE: A dredging and disposal cycle constitutes the time from commencement of dredging to complete discharge of the material.) The Contracting Officer shall be notified immediately in the event of ETS failure and all dredging operations for the vessel shall cease until the ETS is fully operational. Any delays resulting from ETS failure shall be at the Contractor's expense.

b. All data shall be collected and stored on CD-ROM(s) in ASCII format and shall be readable by MS Windows compatible software. Each dredging and disposal cycle shall be a separate and distinct ASCII file, labeled by the trip number. More than one file may be stored on the disc(s) or CD-ROM(s).

c. Data shall be collected at least every 0.25 nautical mile or every 4 minutes during travel to and from the ODMDS and 12 seconds or every 30 feet of travel, while the hull status is open within the

ODMDS.

d. The required digital data to be collected for each dredging and disposal cycle includes the following:

(1) Load Number

(2) Disposal Vessel Name and Type (e.g. scow)

(3) Estimated Volume of Load

(4) Description of Material Disposed

(5) Source of Dredged Material

(6) Date, Time and Location at Initiation and Completion of Disposal Event in accordance with subparagraph c. above

(7) Vessel Draft

e. Plot Reporting (2 types):

(1) Tracking Plot - For each disposal event, all data collected while the disposal vessel is transiting to and from the disposal area shall be plotted in chart form, in 200-foot intervals, to show the track and draft of the disposal vessel approaching and traversing the disposal area. The plot shall identify the exact position at which the dump commenced. A sample Track and Draft Plot Diagram is on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

(2) Scatter Plot - Following completion of all disposal events, a single and separate plot will be prepared to show the exact disposal locations of all dumps. Every plotted location shall coincide with the beginning of the respective dump. Each dump shall be labeled with the corresponding Trip Number and shall be at a small but readable scale. A sample Scatter Plot Diagram is on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

(3) Summary Table - A spreadsheet which contains all of the information described in subparagraph d. above shall be prepared and shall correspond to the exact dump locations represented on the Scatter Plot Diagram. A sample Summary Table spreadsheet is on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

f. All digital ETS data shall be furnished to the Contracting Officer within 24 hours of collection (see "ETS Data" of paragraph

SECTION 35 20 23 Page 12

SUBMITTALS above). The digital plot files should be in an easily readable format such as Adobe Acrobat PDF file, Microstation DGN file, JPEG, BMP, TIFF, or similar. The hard copy of the ETS data and tracking plots shall be both maintained onboard the vessel and submitted to the Contracting Officer on a weekly basis.

3.3.8 Dredge Discharge Pipeline

Plainly mark the pipeline access routes with conspicuous stakes, targets and/or buoys to be maintained throughout the contract operations.

Maintain a tight dredge discharge pipeline to prevent spilling of dredged material or dredge water outside of the disposal area. Provide and maintain radio communication between the dredge and the disposal areas and the dredge and the Contracting Officer. Inspect the pipeline at least twice daily for leaks. Failure to immediately repair leaks in the discharge pipeline will result in suspension of dredging operations and require prompt repair of pipeline as a prerequisite to the resumption of dredging. Any damage to private or public property resulting from the Contractor's operations shall be repaired by the Contractor at his expense.

3.3.9 Submerged Pipeline

In the event the Contractor elects to submerge his pipeline, rest the pipeline on the bottom so the top of the submerged pipeline and any anchor securing the submerged pipeline is no higher than the required project depth for the channel in which the submerged pipeline is placed. Should the Contractor elect to use a pipeline material which is buoyant or semi-buoyant, such as PVC pipe or similar low density materials, securely anchor the pipeline to prevent the pipeline from lifting off the bottom under any conditions. Make daily inspections of the submerged pipeline to ensure buoyancy has not loosened the anchors. Remove all anchors when the submerged pipeline is removed. Mark the location of the entire length of submerged pipeline with signs, buoys, lights, and flags conforming to U.S.

Coast Guard regulations.

3.3.10 Floating Pipeline

Should the Contractor's pipeline not rest on the bottom, it will be considered a floating pipeline and must be visible on the surface and clearly marked. In no case will the Contractor's pipeline be allowed to fluctuate between the surface and the bottom, or lie partly submerged.

Install lights on the floating pipeline as required in paragraph SIGNAL LIGHTS above. Support the lights either by buoys or by temporary piling, provided by the Contractor and approved by the Contracting Officer. Where the pipeline does not cross a navigable channel, space the flashing yellow all-around lights not over 200 feet apart, unless closer spacing is required by U.S. Coast Guard personnel, in which case the requirements of the U.S. Coast Guard shall govern, at no additional cost to the Government.

3.3.11 Misplaced Material

Materials deposited outside the boundaries of the release zone will be classified as misplaced material and will result in a suspension of dredging operations. Redredging of such materials will be required as a prerequisite to the resumption of dredging unless the Contracting Officer, at his discretion, determines that redredging of such material is not practical. If redredging of such material is not required then the quantity of such misplaced material shall be deducted from the Contractor's pay quantity. If the quantity for each misplaced load to be

SECTION 35 20 23 Page 13 deducted cannot initially be agreed to by both the Contractor and Contracting Officer, then an average hopper/scow load quantity for the entire contract will be used in the determination. In addition, the Contractor must notify the Contracting Officer and the Environmental Protection Agency within 24 hours of a misplaced dump or any other violation of the Site Monitoring and Management Plan for the Jacksonville ODMDS. Corrective actions must be implemented by the next dump and the Contracting Officer must be informed of actions taken.

3.4 REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SIDE SLOPES

3.4.1 Required Depth

The material actually removed from the designated areas to be dredged, to a depth of not more than the required depth shown on the drawings, will be estimated and paid for in accordance with the provisions contained in the subparagraphs "Excavation, Unclassified" of Section 01 22 00 MEASUREMENT

AND PAYMENT.

3.4.2 Allowable Overdepth

To cover the inaccuracies of the dredging process, material actually removed from the designated areas to be dredged, to a depth below the required depth of not more than the allowable overdepth shown on the drawings, will be measured and paid for in accordance with the provisions contained in the subparagraphs "Excavation, Unclassified" of Section

01 22 00 MEASUREMENT AND PAYMENT.

3.4.3 Side Slopes

Although dredging of side slope material may be necessary to provide the required project channel dimensions (depth and width), the side slopes shown on the drawings are provided for payment purposes only. Side slopes may be formed by box cutting, step cutting, or dredging along the side slope. Material actually removed, within the limits approved by the Contracting Officer, to provide for final side slopes not flatter than that shown on the contract drawings, but not in excess of the amount originally lying above this limiting side slope, will be measured and paid for in accordance with the provisions contained in subparagraphs "Excavation, Unclassified" of Section 01 22 00 MEASUREMENT AND PAYMENT.

Such amount will be estimated and paid for whether dredged in original position or by box cut dredging whereby a space is dredged below the allowable side slope plane on the bottom of the slope for upslope material capable of falling into the cut. End slopes and transition slopes will not be estimated or paid for under this contract. In such cases, a 0 horizontal on 1 vertical will be used with no upslope allowance provision applied outside the required prism.

3.4.4 Excessive Dredging

It is recognized that the limits of dredging need to extend beyond the pay prism in order to remove material from within the pay prism. Therefore, the limits of active dredging may exceed the limits of the pay prism in vertical dimension as well as horizontal dimension to the extent necessary to remove material from the pay prism. Indirect impacts (sideslope sloughing, etc) may extend even beyond the limits of active dredging.

Nevertheless, material taken from beyond the limits of the pay prism as described in subparagraphs "Allowable Overdepth" and "Side Slopes" above will be deducted from the total amount dredged as excessive overdepth

SECTION 35 20 23 Page 14 dredging, or excessive sideslope dredging, for which payment will not be made. Nothing herein shall be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of the paragraphs FINAL EXAMINATION AND ACCEPTANCE or SHOALING of this Section.

3.4.5 Areas to be Dredged

Based on information currently available to the Government, areas known to require dredging are depicted on the drawings as shaded areas. The actual areas to be dredged may vary from the shaded areas shown in the drawings.

In order to provide the required project dimensions within and throughout the project limits shown on the drawings, the Contractor shall remove material located within the project limits as directed by the Contracting Officer, regardless of whether the material is located in a shaded area or not. Payment for all dredged material dredged from a shaded area will be made at the applicable contract unit price. Payment for all material dredged from a non-shaded area may be made at the applicable contract unit price; however, the Contractor may request an adjustment to the contract unit price in accordance with DFAR Clause 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT and/or FAR Clause 52.243-4 CHANGES of Section 00700 CONTRACT CLAUSES in Volume 1.

3.4.6 Acceptance Sections

For purposes of payment, the work to be done will be divided into acceptance sections. Prior to any dredging, the Contractor shall prepare and provide a proposed acceptance sections plan for approval by the Contracting Officer. Generally, the work should be divided into areas that equate to approximately 30 days of dredging or that constitute separable or definable features of work

3.5 SURVEYS

3.5.1 General

The Contracting Officer shall be notified, in writing, 10 days in advance of the need for pre-dredging and after-dredging surveys. Surveys will be performed in accordance with the paragraph QUANTITY SURVEYS of Section 00700 CONTRACT CLAUSES in Volume 1; paragraph LAYOUT OF WORK of Section 01 11 00 SUMMARY OF WORK; Section 01 45 05 DREDGING/BEACH FILL PLACEMENT -

CONTRACTOR QUALITY CONTROL; EM 1110-1-1000 , EM 1110-1-1002 , EM 1110-1-1003 ,

EM 1110-1-1005 , EM 1110-1-2909 , and EM 1110-2-1003 ; FBPSM; and, TSS. A copy of the EM's can be downloaded from the following web site:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx.

A copy of the TSS can be downloaded from the following web site:

https://cadbimcenter.erdc.dren.mil/default.aspx?p=a&t=1&i=2.

3.5.2 Contractor Representative

The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be offered the opportunity to be on board the Government survey vessel, but may decline the offer. All in-place measurement surveys and final acceptance sweep surveys will be performed by the Government. The Contractor's representative shall be fully knowledgeable in offshore construction subsurface surveying procedures, techniques, equipment, and horizontal and vertical calibration methods, and state-of-the-art horizontal and vertical accuracy limitations. The Contractor's representative may observe and

SECTION 35 20 23 Page 15 review, in progress, the adequacy and accuracy of the survey for in-place payment purposes, and for the potential existence of collusion, fraud, or obvious error in the data.

3.5.3 Survey Certification

a. Immediately upon completion of any survey, the Contractor's representative shall, based on his on-site review of the survey execution, determine that the survey contains no evidence of collusion, fraud, obvious error, and that subsequent horizontal and vertical corrections are accurately annotated on the subsurface record.

b. The Contractor's authorized representative shall bring aboard the survey vessel a blank copy of the Certification Statement and shall attest to an acceptable survey by signing the Certification Statement before leaving the vessel. Sample copy of the Certification Statement is on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

c. In the event the Contractor's authorized representative observes (and quantifies) specific documentary evidence of either fraud, collusion, or obvious error, the survey will be immediately rerun.

Resurveys will totally supersede any previously run survey and will be run over the full reach of any particular Acceptance Section.

d. If acceptability is not acquired after performing one resurvey of an Acceptance Section, a meeting shall be held between the Contractor and the Contracting Officer to expeditiously resolve the issue causing rejection of the survey. Contractor equipment and personnel standby time to resolve acceptability of the survey shall be at the Contractor's expense.

e. In no case shall a previously unacceptable survey be later judged acceptable by the Contractor; unless such a reassessment/reevaluation is performed within 24 hours after the original survey, and prior to initiating any resurvey action based upon identifiable collusion, fraud, or obvious error.

f. Should the Contractor or his authorized representative refuse to certify to the acceptability of a survey for contract payment without identifiable collusion, fraud, or obvious error, then the following actions will follow:

(1) Preconstruction (pre-dredging) Survey: Excavation shall not commence until representatives of the Contractor and Contracting Officer have met and resolved the basis for refusal of certification. Should the Contractor commence excavation prior to obtaining an acceptable survey, he shall be liable for any excavation performed. If a resurvey is performed, and accepted, prior excavation will not be measured, estimated, or paid for.

(2) Post-Construction (after-dredging) Survey: The 3-week survey window allowed under subparagraph "Measurement" of Section 01 22 00 MEASUREMENT AND PAYMENT will be indefinitely extended until a final survey is accepted. Any material accretion which might occur due to such a time extension will neither be measured, estimated, or paid for.

(3) Refusal to Certify: Contractor equipment and personnel

SECTION 35 20 23 Page 16 standby time to resolve his refusal to certify to the acceptability of a survey when there is no identifiable collusion, fraud, or obvious error shall be at the Contractor's expense and resultant delays shall not be the basis for time extensions of the contract.

g. Intermediate surveys taken between the pre-dredging and post-dredging surveys will not be considered for the purposes of determining quantities for final payment and acceptance of the area dredged.

3.5.4 Tide Data

3.5.4.1 Real Time Kinematic (RTK) GPS

The Government will utilize RTK GPS for determining Real Time water levels (tide corrections) for measurement and payment purposes. The Contractor is responsible for providing all applicable RTK equipment for surveying and dredging operations.

3.5.4.2 Kinematic Tidal Datum

A file listing the separations between NAVD 88 and the Chart Datum (Mean Lower Low Water) will be provided to the Contractor for entry into the hydrographic survey software. The Kinematic Tidal Datum file shall be obtained from the Construction Representative prior to commencing surveying and dredging operations.

3.6 INSPECTION

3.6.1 Quality Assurance Representative (QAR)

The QAR shall be notified prior to the establishment of horizontal control work (baseline layout, ranges, station flags, shore-based control for EPS/RPS, etc.) and vertical control work (tide staff(s), upland cross sections, construction elevations top/invert, maximum/minimum elevations of dredged materials within disposal area(s), etc.), but the presence or absence of the QAR shall not relieve the Contractor of his responsibility for proper execution of the work in accordance with the specifications.

The Contractor will be required:

a. To furnish, on the request of the Contracting Officer or any QAR, 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 paragraph FINAL EXAMINATION AND ACCEPTANCE of this Section.

b. To furnish, on the request of the Contracting Officer or any QAR, suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the disposal area.

3.6.2 Failure to Comply

In conjunction with the Clause INSPECTION OF CONSTRUCTION of Section 00700 CONTRACT CLAUSES of Volume 1, should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be

SECTION 35 20 23 Page 17 furnished and maintained by the Contracting Officer and the cost thereof will be deducted from any amounts due or to become due the Contractor.

3.7 FINAL EXAMINATION AND ACCEPTANCE

3.7.1 Final Examination of Work

As soon as practicable and no later than two (2) weeks after the completion of the entire work or any section thereof (if the work is divided into sections) as in the opinion of the Contracting Officer 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 Contracting Officer. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dragging the bottom in accordance with the subparagraph "Bed Leveling" below or by dredging at the contract rate of dredging.

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 to be in a satisfactory condition, it will be accepted finally. Should more than two sounding or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of such third and any subsequent soundings or sweeping operations will be charged against the Contractor at the rate of $8,900 per day for each day in which the Government plant is engaged in…