RFI-OAKLAND_FY24_10May2024.pdf

RFI # SPEC SECTION/DRAWING RFI QUESTION RESPONSES

1 Topic: Commencement, Prosecution, and Completion of Work Drawing: N/A Section: 00 72 00 Subpart: 52.211-10 Specification Language:

The Contractor shall be required to (a) commence work under this contract within 1 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 246 calendar days. Notice to Proceed The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Question: Part (c) above seems to have a typo; can the Govt. please confirm the contract duration will be 246 calendar days from receipt of the Notice to Proceed?

See Amendment 0001.

2 Topic: Commencement, Prosecution, and Completion of Work Drawing: N/A Section: 00 72 00 Subpart: 52.211-10 Specification Language:

Question: It appears the “*” was inadvertently included in the final specification

See Amendment 0001.

3 Topic: Commencement, Prosecution, and Completion of Work Drawing: N/A Section: 00 72 00 Subpart: 52.211-10 Specification Language:

Question: When can the Contractor expect to receive the Notice to Proceed?

NTP is expected to be issued as soon as practical after contract award.

The intent of this section is to provide questions & comments received from interested parties on the above solicitation, and our responses to those questions and comments. It is possible that the information below does not reflect 100% of the questions and responses. The questions and comments do not necessarily represent questions received from any particular contractor.

Questions and responses are provided for information only and are not made part of the solicitation. Only a formal amendment (SF30) to the solicitation changes the solicitation.

Changes to any previous responses in this document will be struck-through and new, updated responses will be provided.

OAKLAND INNER & OUTER HARBOR FY 24 MAINTENANCE DREDGING PROJECT

AS OF: May 10, 2024

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

OAKLAND INNER & OUTER HARBOR FY 24 MAINTENANCE DREDGING PROJECT

AS OF: May 10, 2024

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

4 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 00 21 00 Subpart: 1.1 Specification Language: All material is suitable and shall be taken for disposal at Cullinan upland beneficial reuse site

Question: If an environmentally permitted contractor furnished beneficial reuse site would result in a lower bid, would the Government allow such alternative disposal?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

5 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 00 10 00 Subpart: Bid Schedule

Question: Will the Government be paying the disposal fees for Cullinan?

No. Contractor is responsible for all coordination and costs associated with any contractor-furnished beneficial use site.

6 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: G-004 Section: Note 4 Note Language: It is the Contractor’s responsibility to coordinate with the Cullinan Ranch Restoration Project for placement of dredged material, including mobilization of equipment, as necessary.

Question: Can the Government define the level of coordination to be expected from Cullinan Ranch/Ducks Unlimited?

No. Contractor is responsible for all coordination associated with any contractor-furnished beneficial use site.

7 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: G-004 Section: Note 4 Note Language: It is the Contractor’s responsibility to coordinate with the Cullinan Ranch Restoration Project for placement of dredged material, including mobilization of equipment, as necessary.

Question: Will Cullinan/Ducks Unlimited be actively managing and assisting during the fill operation including water management?

Ducks Unlimited is the operator of Cullinan Ranch. Contractor is responsible for all coordination associated with any contractor- furnished beneficial use site.

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

8 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: G-004 Section: Note 4 Note Language: It is the Contractor’s responsibility to coordinate with the Cullinan Ranch Restoration Project for placement of dredged material, including mobilization of equipment, as necessary.

Question: Will Cullinan Ranch/Ducks Unlimited be responsible to ensure there is sufficient capacity within the designated cells to accommodate the expected quantity of dredged material?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

This alleviates potential capacity concerns.

Contractor is responsible for all coordination associated with any contractor- furnished beneficial use site, including inquiries regarding current cell capacity.

9 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 3.2.6.2 Specification Language: In depositing excavated material for fill, uniformly grade and allow for shrinkage. Provide and maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the fill in the dredge fill area.

Question: Can the Government provide the current and maximum dike design elevations?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

This alleviates potential capacity concerns.

Contractor is responsible for all coordination associated with any contractor- furnished beneficial use site, including inquiries regarding current cell capacity and elevations.

10 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 3.2.6.2 Specification Language: In depositing excavated material for fill, uniformly grade and allow for shrinkage. Provide and maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the fill in the dredge fill area.

Question: Can the Government provide the final design objectives for each of the cells as they are filled at or near capacity, including expected fill elevations?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

This alleviates potential capacity concerns.

Contractor is responsible for all coordination associated with any contractor- furnished beneficial use site, including inquiries regarding current cell capacity.

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

11 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 3.2.6.2 Specification Language:

In depositing excavated material for fill, uniformly grade and allow for shrinkage. Provide and maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the fill in the dredge fill area.

Question: Can the Government provide the current cell survey data including current capacity and maximum expected capacity per cell?

No. Contractor is responsible for all coordination associated with any contractor-furnished beneficial use site, including inquiries regarding current cell capacity.

12 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 3.2.6.2 Specification Language: In depositing excavated material for fill, uniformly grade and allow for shrinkage. Provide and maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the fill in the dredge fill area.

Question: The dewatering of the cells is a concern. Can the Government provide additional information regarding the weirs/spillways and inform the Contractor’s if any additional modifications (by others) are expected to be completed prior to commencement of fill activities?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

This alleviates potential capacity concerns.

Contractor is responsible for all coordination associated with any contractor-furnished beneficial use site, including inquiries regarding current cell capacity, weirs, and spillways.

13 Topic: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 3.2.6.2 Specification Language: In depositing excavated material for fill, uniformly grade and allow for shrinkage. Provide and maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the fill in the dredge fill area.

Question: The capacity of the cells is a concern. Without a fully designed fill placement plan, a significant amount of risk is placed on the Contractor to potentially extend a significant effort for dike construction and water management. Can the Government clarify the Contractor’s responsibility versus Cullinan’s/Duck Unlimited?

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

Contractor is responsible for all coordination and costs associated with any contractor- furnished beneficial use site.

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

14 Topic: Permits: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 1.6 (Permits)

Question: Can the Government provide the permits for the Cullinan Ranch Beneficial Reuse Site?

No. Contractor is responsible for all coordination associated with any contractor-furnished beneficial use site.

15 Topic: Permits: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 1.6 (Permits)

Question: Are there any environmental restrictions for Cullinan Ranch? Contractor is responsible for all coordination associated with any contractor-furnished beneficial use site, including any environmental restrictions.

16 Topic: Permits: Cullinan - Upland Beneficial Reuse Site Drawing: N/A Section: 35 20 23 Subpart: 1.6 (Permits)

Question: Are fish screens required during the offloading process if the contractor elects to fluidize the dredge material to ensure pumpability?

No.

USACE does not require fish screens for this project. However, the contractor is responsible for all coordination associated with any contractor-furnished beneficial use site, including any additional environmental controls required under Cullinan Ranch’s permits.

17 Topic: Disposal Site (submitted by letter) Drawing: N/A Section: N/A Subpart: N/A

We are aware of the current solicitation number W912P724B0002 for maintenance dredging of the Oakland Channel and Harbor. We are further aware that, as drafted, the solicitation prescribes Cullinan Ranch as a sole source disposal location and effectively precludes any other permitted or approved upland beneficial use dredge disposal site….In the case of this solicitation, in an effort to achieve the lowest possible cost, we recommend and encourage elimination of the prescribed sole source disposal site and, instead, modification of the solicitation to allow for other permitted and approved upland beneficial use sites, including Montezuma Wetlands.

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

18 Topic: Cullinan Ranch (submitted by email) Drawing: N/A Section: N/A Subpart: N/A

Solicitation W912P724B0002 for the 2024 maintenance dredging for the Oakland Channel and Harbor explicitly requires that all sediment be beneficially reused at Cullinan Ranch. This is very unusual since past solicitations for the federal maintenance projects have allowed the dredging contractors to determine which beneficial reuse sites to use…Given that, it is likely that specifying Cullinan as the sole disposal site will increase costs to the Government.

Since Oakland is the largest project in the region, taking smaller companies out of the competition is not fair competition, and not in line with established USACE policies. This can have significant unintended effects on dredging companies like ours.

We request that the USACE maintain free market competition among all capable dredging companies as they have in prior years and allow the successful bidder to select any permitted beneficial reuse site for the Oakland bid.

See Amendment 0001. Only Reaches 1 and 2 will be required to be disposed of at Cullinan Ranch.

QUESTIONS & RESPONSES

SOLICITATION NUMBER W912P724B0002

19 Topic: Light Monitoring (submitted by email) Drawing: N/A Section: 01 57 19.86 43 Subpart: 3.1

The eelgrass light monitoring requirements within the IFB contradicts what’s required in the NMFS Light Monitoring Protocol (which is also referenced in the IFB). Specifically, PDF page 286 of the IFB implies that light data will be analyzed throughout the day and that any 2-hour decline in light compared to baseline light data would trigger a need to stop dredging. However, NMFS’ Light Monitoring Protocol is based on data analysis made at the end of each day of light monitoring using the entire day’s data and on whether eelgrass received “enough” light over the course of the entire day – this cannot be determined part way through the day as suggested in the IFB because there’s no way to determine what is “enough” in 2-hour increments, only on a whole-day basis.

The IFB also states that “in the case of a contradiction between these specifications, LMP [NMFS Light Monitoring Protocol], and the CEMP [NMFS California Eelgrass Mitigation Policy], whichever is more stringent will be used.” It was noted that the consultant would not consider the IFB as more stringent than the NMFS Light Monitoring Protocol, but rather that the IFB contradicts the NMFS Light Monitoring Protocol and does not provide an alternative protocol that’s implementable.

Please confirm that light monitoring will be based on the standard implementation of the NMFS Light Monitoring Protocol.

Appendix 3. Light Monitoring Protocol (pages 671 and 796 of the specs) refers to "If the daily period of Hsat is above 5 hours at the reference site, but below 5 hours near the project site, then project activities should cease during daylight hours until turbidity levels reduce and daily Hsat increases above 5 hours (typically within a few tidal cycles)." If this situation occurs, then as stated in the "Eelgrass Impact Minimization Measures" in Section 3.1.1. of 01 57 19, "the contractor must stop dredging and scow overflow/decant immediately for 2 hours unless the minimum light threshold is recovered before 2 hours or daylight hours conclude, whichever occurs first".

The Light Monitoring Protocol for SFBay states that they compare readings that are 5 hours apart (based on 10 minute sampling intervals). Nowhere does it state a real-time effort of comparing the past two hours of light readings.

Therefore, 5 hour comparison in the Light Monitoring is to be followed. The Light Monitoring Protocol states that activity must stop if that condition is met (If the daily period of Hsat is above 5 hours at the reference site, but below 5 hours near the project site). The IFB states when that conditions is met, dredging activity must cease for two hours until the light threshold is recovered unless dredging activity is not occurring during daylight hours.