W912P7-10-B-0009 Amendment 00003.pdf

Suisun, Bullshead, New York Slough O&M Dredging Project FY10

Section 01000 - 1 Bid Schedule

PRICING SCHEDULE

THE CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL,

EQUIPMENT, ETC. NECESSARY TO PERORM ALL WORK IN STRICT

ACCORDANCE WITH THE TERMS AND CONDITION SET FORTH IN THE

CONTRACT TO INCLUDE ALL THE ATTACHEMENTS THERETO.

BID SCHEDULE – GOVERNMENT FURNISHED SITE

ITEM NO DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

0001 Mobilization and Demobilization 01 LS $ _________ $__________

0002 O&M Dredging at Suisun Bay Channel (Sta. 0+00 to 62+00 and Sta. 88+00 to 733+45)

0002AA Standard Dredging to –35 ft, MLLW *71,000 CY $____________ $____________ at Suisun Bay Channel , including transport, delivery, and placement at SF-16

0002AB 1’ Allowable (Paid) Overdepth Dredging *94,000 CY $____________ $____________ to -36 ft at Suisun Bay Channel, transport, delivery and placement at SF-16

Items 00002 Subtotal Price (Items 0002AA+ 0002AB) $____________

0003 O&M Dredging at Bullshead Channel (STA.62+00 TO 88+00)

0003AA Standard Dredging to –37 ft, MLLW *10,900 CY $____________ $____________ at Bullshead Channel, including transport, delivery and placement at SF-16

0003AB 1’ Allowable (Paid) Overdepth Dredging *14,000 CY $____________ $____________ to -38 ft at Bullshead Channel, transport, delivery and placement at SF-16

Item 0003 Subtotal Price (Items 0003AA + 0003AB) $____________

0004 O&M Dredging at New York Slough Channel (Sta 0+00 to 232+03)

0004AA Knockdown dredging to –35 ft, MLLW *5,900 CY $____________ $____________ at New York Slough Channel

Item 0003 Subtotal Price (Items 0004AA) $____________

BID EVALUATION TOTAL FOR THE BID (Items 0001 thru 0004AA) $____________

Section 01000 - 2 Bid Schedule

CONTRACT AWARD

A contract will be awarded on the basis of price and other factors to the lowest responsive, responsible bidder in accordance with FAR 52.214-19,”Contract Award-Sealed Bidding-Construction” and FAR 52.217-5, “Evaluation of Options.” Contract award will be made based on the lowest cost to the O&M Dredging Program. In the event a bidder or bidders submit bids under the Pricing Schedule, the lowest responsive bid submitted under the Pricing Schedule- Government Furnished Site will be compared to the lowest bid submitted under the Pricing Schedule- Contractor Furnished Site .

Notes:

*QUANTITY IS AN ESTIMATED AMOUNT, SEE SECTION 00700, FAR 52.211-18

AND EFARS 52.211-5000, 52.211-5001, FOR SUBDIVIDED BID ITEMS AND FOR

VARIATION IN ESTIMATED QUANTITIES CONTRACT CLAUSE.

1. Prices must be submitted on all individual items of the Pricing Schedule-Government Furnished Site. Failure to do so may be cause for rejection of bids.

2. If a modification to a price based on unit price is submitted which provides for a lump sum adjustment to the total estimated price, the applications of the lump sum adjustment to each unit price in the Pricing Schedule must be stated. If it is not stated, the bidder/offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Pricing Schedule.

3. The lump sum, "LS", line items above are not "estimated quantity" line items and therefore are not subject to the Variation in Quantity contract clause.

4. EFARS 52.214-5000 ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of Pricing Schedule as submitted by the bidder:

1) Obviously misplaced decimal points will be corrected;

2) Discrepancy between unit price and extended price, the unit price will govern;

3) Apparent errors in extension of unit prices will be corrected;

4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

5. Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms P.1 and P.2 as part of their solicitation package for bid evaluation. Failure to do so

Section 01000 - 3 Bid Schedule may cause the bid to be considered nonresponsive. The Contractor shall demonstrate that all necessary equipment will be available and committed to this contract.

6. DREDGED QUANTITIES: For payment purposes, all quantities for which the Government will pay under this contract shall be based on the Government pre and post dredge surveys.

7. BASIS of AWARD: A contract will be awarded to the lowest responsive, responsible bidder in accordance with FAR 52.214-19 Contract Award – Sealed Bidding - Construction.

8. The government reserves the right to direct the contractor to place dredge material at an alternate disposal site, including the possibility of disposal at an upland disposal site.

9. The SF-16 Disposal site capacity is limited to a total of 200,000 cubic yards, including paid and non-paid material, for this contract. Volumes will be verified by QC surveys for this contract. There is no other in-bay disposal site available for this contract.

W912P7-10-B-0009

00100 - 8

52.228-4507 BID GUARANTEE FORM AND AMOUNT (NOV 2000)

The bidder shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1.

In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million.

When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

52.0236-4507 ACCEPTANCE OF OFFERS (AUG 1991)

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

Item Nos. 0002, 0003, 0004, are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

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

EFARS

This variation in estimated quantities clause is applicable only to Items Nos. 0002, 0003, 0004.

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 Items Nos. 0002, 0003, 0004 are less than 85% of the quantity of the first sub-item listed under such item (0002AA, 0003AA, 0004AA), 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 52.211-18, Variation in Estimated Quantities.

c. If the quantity of work performed under Items Nos. 0002, 0003, 0004 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item (0002AA, 0003AA, 0004AA) and/or if the quantity of work performed under the second sub-item or any subsequent sub-item (0002AB, 0003AB) under Item Nos. 0002, 0003, 0004 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

Section 01 11 00 - 1 Summary of Work

SECTION 01 11 00

SUMMARY OF WORK

02/2010

PART 1 GENERAL

1.1 INTRODUCTION

This section describes the project specific work to be completed under the contract and the project specific restrictions that apply to the contract.

1.2 PAYMENT PROCEDURES

No separate payment will be made based on this specification section.

1.3 WORK SUMMARY

The work consists of supporting the Congressionally authorized and mandated operating and maintenance dredging mission of the Federal channel located at Suisun Bay Channel and New York Slough with disposal at Government furnished site SF-16 or at a permitted Contractor Furnished site. All channels are located in the Contra Costa County. Suisun Bay Channel and New York Slough were authorized at a design depth of minus 35 feet; however, New York Slough shall be dredged by knock-down dredging method. For the Advance Maintenance dredging at Bullshead Channel (See the Limits of Construction on DWG Sheet 3 of Suisun Bay Channel DWG set for location of Bullshead Channel) starts approximately from Sta.

62+00 to Sta. 88+00 was authorized at a design depth of minus 37 feet. The project supports maritime businesses, industrial-manufacturing facilities, commercial & sports fishing and recreational boating for local community. All dredging, material transportation and material placement shall be in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses.

1.4 PERMITS --

1.4.1 Under Contract Clause "PERMITS AND RESPONSIBILITIES", the Contractor is obligated to obtain and comply with all licenses and permits required by Federal, State, and local laws, codes, and regulations.

1.4.2 Following dredging permits have been obtained:

The Government has obtained the necessary dredging permits and approvals, including certification from the State Regional Water Quality Control Board and the Environmental Protection Agency, for dredging and disposal of dredged materials at the designed sites.

Section 01 11 00 - 2 Summary of Work

1.4.3 The Contractor shall be responsible for making his own arrangements for permits, other than those listed herein, required for completing the work under this contract.

1.5 ORDER OF WORK

1.5.1 General. With reference to Contract Clause "SCHEDULE FOR CONSTRUCTION CONTRACTS" and Special Clause "COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK," the Contractor shall mobilize adequate labor, equipment, materials, and supplies and make a determined and continuous effort to complete the contract work within the time specified.

1.5.2 Time Restrictions. Dredging and Disposal operations shall occur from 01 August 2010 through 30 November 2010 to avoid environmental impact to the surrounding area. Exceptions to this time frame (early start or late finish) may be authorized by the Contracting Officer if written approval is provided by the Government Regulatory Agencies.

1.5.3 All dredging and disposal operations shall be in accordance with the regulatory guidance including in the appendices of these specifications. The Contractor shall commence dredging within 35 days from NTP. --

1.6 PUBLIC SAFETY.

Under the Contract Clause "PERMITS AND RESPONSIBILITIES", the Contractor shall provide guards as required to provide protection in the interest of public safety. Whenever the Contractor's operations create a condition hazardous to the public, he shall furnish at his own expense and without cost to the Government, such guards as are necessary to give adequate warning to the public of any dangerous conditions to be encountered, and he shall furnish, erect, or maintain such lights, signs and other devices as are necessary to prevent accidents and to avoid damage or injury to the public. Flagmen and guards, while on duty and assigned to give warning to the public that the dredging is being accomplished, and of any dangerous conditions to be encountered as a result thereof, shall be equipped with red wearing apparel and a red flag. Signs, flags, lights, and other warning and safety devices shall conform to applicable city, county, and state requirements. Should the Contractor appear to be negligent in furnishing adequate warning and protective measures, the Contracting Officer will direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor without additional cost to the Government. The installation of any general illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining all devices necessary to provide protection to all parties concerned.

1.7 MEETINGS.

1.7.1 Pre-Dredge Conference: After award of contract, a pre-dredging conference will be held at such time and location as determined by the Contracting Officer for purposes of discussing and developing mutual understanding between the Contracting Officer or his authorized representative and the Contractor's Representatives regarding the terms, conditions, and requirements of the contract. Members of the conference from the Government will include the

Section 01 11 00 - 3 Summary of Work quality assurance staff, the Contracting Officer or his authorized representative, and construction staff. Members from the Contractor shall include the dredge master, chief hydrographic surveyor, and the quality control staff. The discussion will include, but will not be limited to, the following:

* Contractor supervisory and quality control project staff.

* Correspondence procedures.

* Accident Prevention Plan.

* Pollution control program.

* Quality Control and Hydrographic Surveying.

* Project scheduling and payment procedures.

* Resident Management System (RMS-QC).

* Other subjects that may be of interest to the contracting parties.

* Schedule of Weekly Meeting.

1.7.2 Weekly Meetings: Weekly construction/survey/coordination/progress meetings shall be held between the Contractor, Contracting Officer or authorized representative, and Government personnel. Minutes of the weekly meeting shall be prepared by the Contactor's CQC Manager and submitted to the Contracting Officer within 24 hrs.

1.8 UTILITIES AND PRIVATE IMPROVEMENTS.

1.8.1 General.

The Contractor's attention is directed to the possible existence of pipelines or public utilities or private improvements shown or not shown on the drawings which may be buried within the limits of the work or adjacent thereto and the existence of several bridges crossing the river.

Care shall be taken to preserve and protect any such improvements from injury or damage during construction operations. Utilities or improvements, whether buried or not, which cannot be determined to exist through visual inspection by the Contractor, if inadvertently damaged by the Contractor's operations, shall be promptly repaired or replaced by the Contractor, and an equitable adjustment in the amount due under the contract will be made as provided in the contract. The Contractor shall assume full responsibility for reimbursing the owners for any damage to their properties, utilities, or improvements, or interference with their services caused through his operations. The Contractor is not relieved from the responsibility set forth in Contract Clause "SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK," except as provided above.

1.9 LAYOUT OF WORK.

The Contractor shall lay out his work from Government established monuments and gages as shown on the drawings and shall be responsible for all measurements in connection therewith.

The Contractor shall furnish, at his own expense, all templates, platforms, equipment, markers and labor as may be required in laying out any part of the work from the gages established by the Government. The Contractor will be held responsible for the execution of the work to such lines, grades and gages as may be established or indicated by the Contracting Officer. It shall be the responsibility of the Contractor to maintain and preserve all monuments and other

Section 01 11 00 - 4 Summary of Work marks established by the Contracting Officer until authorized to remove them. It is incumbent upon the contractor or their surveyor to check the accuracy of monuments as the Government does not guarantee their accuracy. If such marks are destroyed by the Contractor or through his negligence prior to their authorized removal, they may be replaced by the Contracting Officer at his discretion. The expense of replacement will be deducted from any amounts due, or to become due, to the Contractor.

1.10 SAFETY OF STRUCTURES.

The Contractor shall use reasonable and proper care in the prosecution of the work to assure the stability of piers and other structures lying on or adjacent to the site of work, insofar as they may be jeopardized by the dredging operations and on account of moving or mooring of equipment. The Contractor shall make good all damages resulting from the moving and mooring of his equipment and from dredging operations insofar as such damages may be caused by variations in locations and/or depth of dredging below that ordered by the Contracting Officer.

1.11 CONTRACTOR PERFORMANCE EVALUATIONS.

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction 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. The USACE uses the web-based Construction Contractor Appraisal Support System (CCASS) to document contractor's performance and prepare performance reports. After an evaluation (interim or final) is written up by the USACE, the Contractor may access, review and comment on the evaluation for a period of 30 days.

Accessing and using CCASS requires Public Key Infrastructure (PKI) certification. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. This certification is purchased from an External Certificate Authorities (ECA) vendor. Contractor access to CCASS is required for Contractor participate in the performance evaluation process. PKI certification is required for Contractor access to CCASS. PKI certification is the sole responsibility of the Contractor. Current information about the PKI certification process and known PKI vendors can be found on the web site:

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

1.12 PAYMENT.

No separate payment will be made for the work covered under this section of the specifications, and all costs in connection therewith will be considered a subsidiary obligation of the Contractor.

PART 2 PRODUCTS (NOT USED)

Section 01 11 00 - 5 Summary of Work

PART 3 EXECUTION (NOT USED)

Suisun, Bullshead, & New York Slough O&M Dredging Project FY10

Section 01 32 23 - 1 Hydrographic Surveying

SECTION 01 32 23

HYDROGRAPHIC SURVEYING

1.1 DESCRIPTION OF WORK.

The Contractor shall acquire the services of an independent Survey Contractor and use hydrographic surveys to perform Quality Control (QC) of the dredging, to update the Project Schedule, the Dredging Plan, to determine the volume of material removed for progress payment requests and to provide information to the Contracting Officer or to the Contracting Officer’s Representative (COR) for managing this contract.

1.1.1 The independent Survey Contractor shall be registered and licensed in the state of California and shall comply with the procedures, standards and quality control criteria in EM 1110-2-1003 in performing hydrographic surveys for this contract.

1.1.2 If there is a conflict between these specifications and EM 1110-2-1003, the more stringent requirements shall apply.

1.2 REFERENCES.

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

Department of the Army, U.S. Army Corps of Engineers

EM 1110-2-1003 (2002) Hydrographic Surveying EM 1110-1-2909 (2005) Geospatial Data and Systems

1.3 SUBMITTALS.

Government approval is required for submittals with a "G" designation. Submittals having an “I” designation are for information only. The following shall be submitted in accordance with SUBMITTAL PROCEDURES Section:

SD-01: Preconstruction Submittals

Equipment Data I 01 32 23 - 1.5.4 Software I 01 32 23 - 1.6

SD-06: Test Reports

Basic Survey Documentation Submittal I 01 32 23 - 3.3.1 Progress Payment Survey Documentation I 01 32 23 – 3.3.3

Section 01 32 23 - 2 Hydrographic Surveying

1.4 RESPONSIBILITIES.

The Contractor shall provide all resources necessary to perform all contract-required surveys and to process and use the surveying data.

1.5 SURVEY EQUIPMENT.

The independent Survey Contractor shall furnish and utilize ample, adequate surveying equipment and controls to provide assurance that all material existing within the required dredging area has been removed and the disposal area shaped, as required. Hydrographic surveying equipment will include, but not be limited to, echo sounding, motion sensing, horizontal positioning, tide monitoring and velocity probing equipment as prescribed in EM 1110-2-1003 Table 9-6 or 10-1 and chapter 16, as appropriate.

1.5.1 Sounding: The independent Survey Contractor shall perform echo sounding for depth with an integrated hydrographic survey system utilizing a standard to the industry depth sounder adjustable for speed of sound corrections. The manufacturer’s stated precision for the depth sounder shall be 0.1 foot or less.

1.5.2 Positioning: Positioning shall be accomplished by a fully integrated and automated hydrographic survey system utilizing a standard to the industry Differential Global Positioning System (DGPS) with a manufacturer’s stated positional accuracy of one (1) meter or less. DGPS corrections shall be obtained from the same geostationary satellite station or base station for all surveys. Alternately, Real Time Kinematic (RTK) Differential GPS may be used to obtain accurate, real-time horizontal positioning.

1.5.3 Tide Monitoring: The independent Survey Contractor shall provide an approved tidal level monitoring system. This system shall be adjusted to correspond with the dredging area tidal zone and shall be located as indicated in the contract documents. Real Time Kinematic (RTK) Differential GPS may be used to obtain accurate, real-time elevations (depths) without observing tidal data.

1.5.4 Equipment Data: Prior to the start of dredging operations, the Contractor shall submit data on the independent Survey Contractor’s surveying equipment to the Contracting Officer, for information only. Typical information shall, as a minimum, include the name, model, and year of manufacture of the electronic equipment, the electronic frequencies of the horizontal positioning and depth finding equipment, and the manufacturer's stated positioning accuracy and capability of the equipment proposed for usage. The vessel/equipment that performs a survey shall be recorded in the Survey QC Log, Attachment 1 to this Section.

1.6 SOFTWARE

The independent Survey Contractor shall use site design or survey software in the integrated hydrographic survey system. The software shall support the varied Corps dredging templates outlined in Chapter 15 of EM 1110-2-1003 and shall be capable of computing dredged

Section 01 32 23 - 3 Hydrographic Surveying quantities. The Government will calculate volumes using Hypack. Prior to the start of dredging operations, the Contractor shall submit data on the independent Survey Contractor’s surveying software to the Contracting Officer, for information only.

PART 2 PRODUCTS – NOT APPLICABLE

PART 3 EXECUTION

3.1 SURVEYING PROCEDURES.

The independent Survey Contractor shall perform surveys using the line files provided by the Government and the vertical and horizontal controls specified in the contract documents (see project plans, sheet reference number 1 and 2). The hydrographic surveying procedures, including, but not limited to positioning modes, electronic position system calibration, accuracy requirements, depth measurements calibration, and data reduction, adjustment, processing and plotting shall conform, at a minimum, to the procedures specified in EM 1110-2-1003 and the procedures specified herein.

3.1.1 QC Surveys: The independent Survey Contractor shall conduct QC surveys at least once per week during weeks in which there is dredging or disposal but may schedule surveys more frequently to maintain the quality of the dredging and disposal. The independent Survey Contractor shall also conduct QC surveys when directed by the Contracting Officer.

3.1.2 Progress Payment Surveys: The independent Survey Contractor shall use 200-210 KHz survey data to measure quantities for payment requests. The top of the return signal trace shall be the point of interpretation of soundings.

3.1.3 Government Observers: The Contractor shall furnish, upon request of the Contracting Officer, 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 dredging and disposal areas. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific transportation facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from any amounts due or to become due the Contractor.

3.1.3.1 The Contractor shall keep the Government informed about independent Survey Contractor surveying activities, including provisions for onsite Government observers. The Government will have the option of accompanying the independent Survey Contractor on these surveys.

3.1.3.2 The Contractor shall notify the Government three working days prior to performing a progress payment survey.

3.1.4 Onsite Quality Assurance (QA): When directed by the Contracting Officer, the Contractor shall perform QC surveys and provide cross-sectional views of the edited, tide-level-adjusted survey data to the Government on site. When directed by the Contracting Officer, the Contractor shall provide print outs of the cross-sectional plots on site.

Section 01 32 23 - 4 Hydrographic Surveying

3.1.5 Calibration and Controls:

3.1.5.1 Calibration: The independent Survey Contractor shall determine how often to calibrate taking into account time on station, size and variability of the area being surveyed, weather, tides, maritime traffic, etc. The location/position/time of velocity probes and/or bar checks shall be recorded in the Survey QC Log.

3.1.5.2 Onsite Vessel-to-Vessel Calibration: If requested, the Government survey vessel will participate in one vessel-to-vessel onsite calibration session with the independent Survey Contractor’s survey vessel. Survey lines taken from the Vessel-to-Vessel Calibration shall be compared and checked on site for accuracy and consistency. The calibration session will be scheduled by the Government in conjunction with the independent Survey Contractor.

3.2 GOVERNMENT SURVEYS.

The Government will use 400 KHz multi-beam survey data to measure final quantities for payments.

3.2.1 Pre-dredge Survey: The bathymetric drawings in the contract are believed to accurately represent conditions existing at the time indicated on the plans but the depths shown thereon will be updated, as required, by a pre-dredge Government survey taken prior to the start of dredging.

The Government will perform the pre-dredge survey for all Reaches using 200-210 KHz single-beam. A separate pre-dredge survey will not be performed for each Reach individually or at staggered times. The Government will provide the Contractor copies of the pre-dredge survey data files. All data shall have the Julian date as file extensions.

3.2.2 Post-dredge Survey: As soon as practicable after completion of a Reach, the Government shall perform post-dredge surveys for acceptance and payment. The Government will use multi-beam surveys to verify that each reach is completed to project depth before the Dredging Contractor will be directed to work in the next reach or the next portion of the reach.

3.2.2.1 Request for Survey: The Contractor shall notify the Government 7 days in advance of completing a Reach. The Contractor shall ensure that the Reach is ready for a final acceptance survey before submitting a Request for Acceptance Survey to the Government to perform the post-dredge survey of the Reach or portion of the Reach. The Contractor shall submit in writing a Request for Acceptance Survey (in Attachment 2 to this Section) accompanied by raw and edited survey data and cross-sectional plots showing no material in the channel above project depth.

3.2.2.2 Acceptance of Reach (es) will be in writing from the Contracting Officer based on the Government post-dredge survey data. Determination of quantities removed, and to be paid for, in the areas specified, after once having been made, will not be reopened, except on evidence of collusion, fraud, or obvious error.

Section 01 32 23 - 5 Hydrographic Surveying

3.2.2.3 Reach Rejection: If the Government post-dredge survey finds the reach to be unacceptable, the Contractor shall resume dredging or barring, in accordance with Paragraph

3.6.10 of Section 35 20 23, until the work is complete.

3.2.2.3.1 The Contractor is responsible for time required for dredging or barring to remove shoals, lumps or other lack of contract depth and for the time required to resurvey the rejected Reach.

3.2.2.3.2 When the dredging or barring is complete, the post-dredge survey process, starting with the Contractor’s written Request for Acceptance Survey, is then repeated except that the Contractor is liable for subsequent Government survey costs. The Contractor shall be assessed $7,000 per day that the Government spends on post-dredge surveys of a Reach that is rejected after the first Government post-dredge survey. The Government’s efforts include time spent on station waiting, surveying time and post-survey data processing and reporting. A partial day of survey efforts by the Government will be billed as a full day.

3.2.3 Contractor Survey Certification.

3.2.3.1 Contractor’s Representative: The Contractor shall provide a representative on board the Government survey vessel for all pre- and post-dredge surveys. The representative shall be knowledgeable of hydrographic surveying procedures, techniques, equipment, calibration methods and accuracy limitations. The representative shall observe and review, in progress, the adequacy and accuracy of the survey for payment purposes and for the potential existence of collusion, fraud or obvious error in the data. The onsite review shall include a comparison of the Government survey data and the Contractor’s survey data for the same area.

3.2.3.2 Survey Certification: Immediately upon completion of a Government pre- or post-dredge survey, the Contractor’s representative shall attest to an acceptable survey by signing the Certification of Government Survey, Attachment 2 to this section. This certification will be based on the representative’s onsite review of the survey and determination that the survey contains no evidence of collusion, fraud or obvious error.

3.2.3.3 Unacceptable Survey: In the event the Contractor’s representative observes (and quantifies) specific documentary evidence of collusion, fraud or obvious error, the Government survey will be immediately rerun. Likewise, in the event the COR observes (and quantifies) specific documentary evidence of collusion, fraud or obvious error, the Contractor’s independent Survey Contractor will immediately rerun the survey. The resurvey will be run over the full Reach and will supersede previously run surveys in their entirety. If the resurvey is unacceptable, the Contractor shall meet with the Contracting Officer to expeditiously resolve the issue(s) causing rejection of the survey. The Contractor shall be liable for the Contractor’s costs, including but not limited to standby costs, for the time required to resolve acceptability of the survey.

3.2.3.4 Reinstating Unacceptable Survey: The Contractor may certify a survey previously judged unacceptable; however, the Contractor shall reassess/reevaluate within 24 hours after the

Section 01 32 23 - 6 Hydrographic Surveying unacceptable survey was performed and prior to the initiation of a resurvey based upon identified collusion, fraud or obvious error.

3.2.3.5 Refusal to Certify: This paragraph describes the consequences should the Contractor refuse to attest to the acceptability of a Government survey without identifiable collusion, fraud or obvious error.

3.2.3.5.1 Uncertified Pre-dredge Survey: The Contractor shall not commence dredging until the Contractor and the Contracting Officer have met and resolved the basis for the refusal to certify. The Contractor shall be liable for any dredging performed prior to obtaining an acceptable survey. If a resurvey is performed and accepted, prior dredging will not be measured, estimated or paid for.

3.2.3.5.2 Uncertified Post-dredge Survey: The Contractor’s work will not be accepted and the contract completion date will not be extended. The Government will not measure, estimate or paid for any material accretion, which might occur over time. If the work has not been accepted as complete on or before the contract completion date, the Government will assess liquidated damages until the post-dredge survey is certified and the work is accepted as complete and in compliance with contract requirements.

3.2.3.5.3 Certification Costs: The Contractor shall be liable for the Contractor’s own costs, including but not limited to standby costs, for the time required to resolve the refusal to certify when there is no evidence of collusion, fraud or obvious error and the resultant delays shall not be the basis for a time extension of the contract.

3.2.4 QA Surveys: The Government may perform QA surveys to assure the quality of the dredging and disposal operations, and the quality of the independent Survey Contractor’s surveys.

3.3 SURVEY DATA

3.3.1 Basic Survey Documentation: The Contractor shall submit raw and edited electronic point files, the field notes, tide records and the Survey QC Log for all independent Survey Contractor-performed surveys. The Contractor shall submit data for each independent Survey Contractor-performed survey within two (2) working days of survey completion.

3.3.1.1 Survey QC Log: The Contractor shall complete a Survey QC Log for all independent Survey Contractor-performed surveys. The Survey QC Log shall include, as a minimum, the survey personnel, equipment, controls, layout, calibrations, the weather/sea conditions, survey soundings accomplished and the names of the files with the survey data. The Survey QC Log shall be included with the electronic submission and a copy shall be attached to the daily CQC Report. In addition, for progress payment surveys, the Contractor, or a designated representative, shall sign the Certification of Progress Payment Survey (Block 3) and attach a copy to the payment request.

Section 01 32 23 - 7 Hydrographic Surveying

3.3.1.2 Electronic Submission: Within two working days of the completion of a survey, the Contractor shall provide the Basic Survey Documentation on write-once CD-ROMs to the Government. All electronic survey data shall contain a string of information in the title that clearly identifies the contents of the data. The string shall uniquely identify the project and reach and the data itself shall have the Julian date as file extensions. The Contractor will, if possible, also provide the survey data in an email attachment, usually in a zip file. The Government will provide email addresses at the Pre-construction Conference.

3.3.2 Field Data: The Government may require additional information as described below.

3.3.2.1 CAD Drawings: If required by the Contracting Officer to support the weekly review of the Dredging Plan, the Contractor shall submit an updated work plan for dredging as a CAD drawing in hard and electronic (dwg) form. The drawing shall contain project channel data and show the areas dredged, over time, and the areas to be dredged in the next week.

3.3.2.2 Cross-section Plots: The Contractor shall provide cross-sectional plots as directed by the Contracting Officer. Each cross-section will show the project template including project depth, side slopes extending from the project depth line, and the contract pay lines. A legend with the dates of each survey shall be included.

3.3.2.3 Other Data: The Contractor shall provide survey data comparisons, usually hard copies of cross-sectional overlays, or other survey material/data as directed by the Contracting Officer.

3.3.3 Progress Payment Survey Documentation: Within five (5) working days of a progress payment survey, the Contractor shall submit the documentation described below in electronic and printed form.

3.3.3.1 Tabulations: The Contractor shall submit the calculations and a tabulation of quantities.

3.3.3.2 Cross-sectional Plots: The Contractor shall provide the cross-sectional plots, one cross-section per 8½ X 11 sheets, in hard copy and in electronic pdf files. Each section will show the project template including project depth, side slopes extending from the project depth line and the maximum pay line. The pre-dredge and progress payment survey lines will be shown on the same section and shall be clearly discernible from each other.

3.3.3.3 Electronic Record: Electronic copies of surveys performed including point files, calculations and a plot of the soundings shall be provided. The electronic point file shall be the same file that the Contractor uses for volume computations. The raw, unedited data, along with all files and associated data used for editing, along with a copy of the survey documentation, updated as necessary, shall be submitted on write-once CD-ROMs to the Government. The Contractor shall provide a description of any changes that have been made to the originally submitted survey documentation. The Contractor will, if possible, also provide the survey data in an email attachment, usually in a zip file.

Section 01 32 23 - 8 Hydrographic Surveying

3.3.3.4 Printed Record: Printed copies of volume tabulations and the cross-sectional plots shall be submitted with the Contractor’s payment request. The Contracting Officer will reject payment requests for dredging that are not supported by verified survey data and calculations.

3.3.3.5 Data Review: The Government will review the survey documentation for clarity and completeness before accepting the progress payment request for processing in accordance with contract clause 52.232-27: Prompt Payment for Construction Contracts.

3.3.4 Final Payment Survey Documentation: The survey documentation to be submitted with a final payment request is identical to the requirements for Progress Payment Survey Documentation except that the Contractor shall use the Government post-dredge survey data instead of the Contractor’s progress payment survey data.

3.4 QUANTITY CALCULATIONS

3.4.1 Volume Calculations: The Contractor shall calculate the volume of material dredged using a volume technique in EM 1110-2-1003. The Contractor shall submit the calculations and a tabulation of the quantities described below with each payment survey.

3.4.1.1 Available Material: The material available before dredging will be calculated from the Government pre-dredge survey data.

3.4.1.2 Payable Quantity:

3.4.1.2.a The payable quantity for dredged material that is placed at the in-bay site is the difference between the available material and the quantity remaining to the maximum pay line.

Material quantities shall only be computed for areas dredged above project depth for required dredging, and all dredged areas between project depth and 1-foot of paid overdepth.

3.4.1.2.b The payable quantity for dredged material that is knocked down into an adjacent depression is the difference between the available material and the project depth elevation. Material quantities shall only be computed for areas dredged (knocked down) above project depth for required dredging only, and no payment for paid overdepth will be made.

3.4.1.3 Progress Payment Quantity: The material quantity for progress payments will be ninety percent (90%) of the payable quantity calculated using the independent Survey Contractor’s progress payment survey and the Government’s pre-dredge survey, less any previously paid quantities.

3.4.1.4 Final Payment Quantities: The final payment quantities will be 100% of the payable quantity calculated from the Government pre-dredge and post-dredge surveys. The Government surveys shall be used unless there is evidence of collusion, fraud, or obvious error, documented.

3.5 PAYMENTS.

Section 01 32 23 - 9 Hydrographic Surveying

Work included in this section of the specifications for which no specific contract line item is included in the Pricing Schedule of the contract shall be considered an associated subsidiary obligation. No separate payment will be made for associated subsidiary obligations.

SAFETY IS A TEAM EFFORT

Section 01 32 23 - 10 Hydrographic Surveying

Attachment 1 Survey Quality Control (QC) Log

Contract Name. Contract #.

Block 1 – Personnel and Equipment

Surveyor. Vessel Name/Length.

Survey Technician. Vessel Operator.

Survey Assistant, if any. Other Personnel, if any.

Surveying SW/Version. Line File ID.

Depth Sounder. Motion Compensator.

Tidal Level Recording Unit. Velocity Probe.

DGPS.

Other Equipment.

Block 2 – Survey Parameters

Survey Date. Survey Purpose.

Survey Location. Weather/Sea State.

Tide Gauge Location. DGPS Location.

Survey File ID. Stations Surveyed.

Calibration Time/Location: Bar Check and/or Velocity Probe.

Calibration Notes:

Obstacle Locations.

Observations.

Remarks, if any.

Block 3 – Certification of Progress Payment Survey

I certify that the payment survey was performed by me or under my direct supervision and that the survey was conducted in accordance with the systematic/procedural methods and techniques described in the contract documents. The observed, recorded and edited data are fully and finally acceptable for determining and measuring contract performance and payment. Any exceptions are noted in the box to the right.

Signed.

Exception(s) to the Certification

Block 4 – Government Observations

Government Observer, if any. Government Observations, if any.

Attachment 2

Section 01 32 23 - 11 Hydrographic Surveying

Contract #. _______________________________________ Survey of Reach #. ______________ Survey Date. ___________________ Certification of Government Survey* I have fully observed the performance of the Government survey and have determined, based on my review of EM 1110-2-1003 requirements and of Contractor survey data for the same area, that the data contains no evidence of collusion, fraud, or obvious error.

The recorded data, including calibration corrections thereto, have been obtained in accordance with the systematic/procedural methods and techniques described in the contract documents. All known and unknown systematic and random errors have been minimized consistent with: (1) the relative precision errors of the equipment utilized; and

(2) absolute accuracies expected (or likely) given current (state-of-the-art) horizontal and vertical measurement limitations associated with offshore survey system, procedures, and related variables. As such, the observed and recorded data are fully and finally acceptable for determining and measuring contract performance and payment.

Signature. _______________________________ Name. _______________________________

* After onsite observation and review – Para 3.2.3.

Contract #. _______________________________________ Request for Reach Acceptance Survey** The dredging requirements for Reach # _______ have been completed and the reach is ready for a final acceptance inspection by the Government as demonstrated by the accompanying survey data and cross-sectional plots. I hereby request that the Government schedule a Reach Acceptance Survey on the following Date ____________.

It is understood that if the Government post-dredge survey finds the reach to be unacceptable, the Contractor shall resume dredging until the work is complete and the post-dredge survey process is then repeated except that the Contractor is liable for subsequent Government survey costs.

Signature. _______________________________ Name. _______________________________

** Para 3.2.2.1

Section 01 57 20.01 - 1 Environmental Protection

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

05/2010

1.1 WORK INCLUDED.

This section covers the furnishing of all labor, materials and equipment and performing all work required for the protection of the environment during dredging operations except for those measures set forth in other Technical Clauses of these specifications. For the purpose of this specification, environmental protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and to enhance the natural appearance in its final condition. Environmental protection requires consideration of air, water and land, and involves noise, solid waste management and management of radiant energy, and radioactive materials, as well as other pollutants. In addition, environmental protection requires consideration of impacts on vegetation, fishes, wildlife and species listed as endangered or threatened, or proposed for such listing by Federal or State agencies, including "sensitive" or "species of concern". In order to prevent, and to provide for abatement and control of, any environmental impact arising from the construction activities in the performance of this contract, the Contractor and his subcontractors shall comply with all applicable Federal, State, and local environmental laws and regulations

1.2 APPLICABLE REGULATIONS.

In order to prevent, and to provide for abatement and control of, any environmental degradation arising from the construction activities in the performance of this contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws, and regulations concerning environmental degradation control and abatement, and all applicable provisions of the Corps of Engineers Manual, EM 385 1 1, entitled "Safety and Health Requirements", dated 15 September 2008, as well as the specific requirements stated elsewhere in the contract specifications.

1.3 SUBMITTALS

"I" designation are for information only. The following shall be submitted in accordance with SUBMITTAL PROCEDURES Section:

SD-01: Preconstruction Submittals

Environmental Pollution Control Plan; G Letter of Direction; G

Section 01 57 20.01 - 2 Environmental Protection

1.4 NOTIFICATION.

The Contractor shall, after receipt of notice of non compliance from the Contracting Officer, immediately take corrective action. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it was later determined the Contractor was in compliance

1.5 IMPLEMENTATION.

1.5.1 Prior to commencement of the work the Contractor shall:

1.5.1.1 Submit an Environmental Pollution Control Plan that includes proposed actions for implementing this section for environmental pollution control;

1.5.1.2 Designate an individual responsible for environmental pollution control;

1.5.1.3 Submit a copy of an authenticated letter of direction to the individual responsible and countersigned by the individual acknowledging receipt of responsibilities and duties for environmental pollution control, outlining his duties and responsibilities;

1.5.1.4 Meet with representatives of the Contracting Officer to develop mutual understandings relative to compliance with this provision and administration of the environmental pollution control program.

1.5.2 Unless specifically authorized by the Contracting Officer, no construction will be started until the Contractor's proposed Environmental Pollution Control Plan is approved.

1.6 WATER POLLUTION CONTROL

The Contractor shall not pollute the waters of the bay, harbor or beaches with fuels, oils or other materials which would have an adverse effect on aquatic life or its habitat or degrade water quality for any protected beneficial use. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, County and Municipal regulations concerning pollution of the bay, harbor or beaches. All work under this contract shall be performed in such a manner that objectionable conditions will not be created in the project or adjacent areas. Disposal of any materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., shall be subject to the approval of the Contracting Officer. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the condition of the adjacent undisturbed area, at no additional cost to the Government. If necessary, contaminated ground shall be excavated, disposed of offsite and replaced with suitable fill material, compacted and finished with approval of the Contracting Officer, all at the expense of the Contractor.

Section 01 57 20.01 - 3 Environmental Protection

1.7 PROTECTION OF LAND RESOURCES

1.7.1 General: The land resources outside the limits of permanent work…