A.02.PUBLISH MS.pdf

W912EE25B00XX

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.00 09 DREDGING

35 20 23.33 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE

HYDRAULIC DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 DELIVERY, PROSECUTION, TERMINATION, AND SUBSTITUTION OF PLANT

1.1.1 Delivery

1.1.2 Prosecution

1.1.3 Termination

1.1.4 Substitution of Plant

1.2 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

1.3 PERFORMANCE OF WORK BY THE CONTRACTOR

1.4 PHYSICAL DATA

1.5 MISPLACED MATERIALS

1.6 FUEL TRANSFER

1.7 ENVIRONMENTAL PROTECTION

1.7.1 Scope

1.7.2 Quality Control

1.7.3 Submittals

1.7.4 Notification

1.7.5 Protection of the Environmental Resources

1.7.6 Maintenance of Pollution Control Facilities

1.7.7 Training of Contractor Personnel in Pollution Control

1.7.8 Payment

1.8 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.9 ENVIRONMENTAL LITIGATION

1.10 VARIATION IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS

1.11 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

1.12 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

1.13 SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g., iWATCH, CorpsWatch, or See Something, Say Something)

1.14 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

1.15 NON-U.S. CITIZENS WORKING ON GOVERNMENT CONTRACTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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DOCUMENT 00 80 00.00 09 Page 1

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 DELIVERY, PROSECUTION, TERMINATION, AND SUBSTITUTION OF PLANT

1.1.1 Delivery

a. The Contractor shall deliver the dredge and attendant plant ready for operation to the first work location as described in Section 35 20 23.00 09 DREDGING, paragraph, FIRST WORK LOCATION, or to any alternate work site nearer to the point of origin as may be directed, within 21 calendar days after date of receipt by the Contractor of notice to proceed. The plant will undergo a Government inspection within 7-10 days after the bid opening, and the Contractor notified of acceptance or rejection.

b. A prework conference will be held prior to commencement of work.

The time and place of the conference will be determined by mutual agreement between the Contracting Officer or his designated representative and the Contractor.

1.1.2 Prosecution

The Contractor shall prosecute the work assigned him to meet the schedule of dredging operations as determined by the Contracting Officer. The work schedule will normally be 24 hours per day, 7 days per week .

1.1.3 Termination

Upon termination or completion of the contract, the dredge and attendant plant will be released to the Contractor at the site of the final work location.

1.1.4 Substitution of Plant

Substitution of dredge or dredges will be allowed in rare cases provided the Contractor furnishes written justification and the following conditions are met:

a. The substitute dredge meets all requirements of the contract specifications, and the Contractor submits clear evidence that the proposed substitute dredge can, and has performed at the rate set forth in Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT.

b. The substitute dredge will be made available for inspection by Government personnel prior to beginning work and prior to the release of the working dredge.

c. The Government is reimbursed all costs in connection with inspection of the substitute dredge.

d. The substitute dredge is delivered to the worksite before the original dredge is shutdown and moved off the jobsite. This

DOCUMENT 00 80 00.00 09 Page 2 requirement does not apply to substitutions made during suspension and release periods as per Section 01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS, paragraph DURATION OF CONTRACT, subparagraph "c".

e. The submitted rate for the substitute dredge has been determined by the Contracting Officer to be in the best interest of the Government.

f. Substitution of plant will not be allowed prior to award of contract.

g. If the substitute dredge does not meet the specifications for the bid item of the original dredge, the hourly rate of the substitute dredge shall be computed by the following formula:

Substitute Dredge Hourly Rate = ((Original Hourly Rate)X(Estimated Hours in Original Bid Item))/(Estimated Hours in Bid Item Applicable to Substitute Dredge)

1.2 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

Within 10 days after award, the successful Bidder/Contractor must furnish the Contracting Officer a description of the items of work which will be performed with its own forces and the estimated cost of those items. (See paragraph PERFORMANCE OF WORK BY THE CONTRACTOR.)

1.3 PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty (50) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-1)

1.4 PHYSICAL DATA

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

(a) Weather Conditions. Data on weather conditions may be obtained from the National Weather Service.

(b) Transportation Facilities. Floating plant may reach the sites of work via the Mississippi, Red, and Ouachita/Black Rivers. Obtaining access through private lands to landings near the sites of work for land transportation is the responsibility of the Contractor.

c. Channel Traffic. Traffic on the rivers consists of commercial towboats and tows, passenger vessels, and small boats. Traffic in the river and harbors may interfere to some extent with dredging operations.

d. The material to be dredged will consist of sand, gravel, loose rock, silt, mud and clay; and in certain localities stumps, roots, logs, riprap, driftwood, sunken objects, and miscellaneous debris may

DOCUMENT 00 80 00.00 09 Page 3 be encountered. The dredge must be equipped with suitable pump impellers and cutters to efficiently handle these varying materials on pipeline lengths up to 7,500 feet.

e. The work required consists of making or enlarging dredge cuts, construction of fills, and dredging in various channels and harbors.

The currents may vary from 0 to 7 feet per second. The bank to be cut may extend as much as 45 feet above the water surface.

f. The dredging operations contemplated are not all in or near cities. Camps or floating plant may be necessary for the housing or boarding of the labor employed by the Contractor.

g. Obstruction of Channel. The Government will not keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with provisions of Section 7 of the River and Harbor Act, approved 8 August 1917. The Contractor is required to conduct the work in such a manner as to obstruct navigation as little as possible, and if the Contractor's plant obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a safe passage. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other markers placed by him under the contract in navigable water or on shore.

h. During the contract period, there is a possibility that the Contractor will receive requests from private interests and local governments to dredge outside the channel limits alongside privately owned wharfs or docks. Provided the work can be accomplished without detriment to the work assigned by the Government, and subject to the prior approval of the Contracting Officer in each instance, the Contractor may utilize during the contract period, equipment being furnished to the Government under this contract for accomplishing work requested by said private interests and local governments. It is understood and agreed that in temporarily releasing the Contractor's equipment for performing work outside of channel limits for private interests and local governments, the Government does not assume any responsibility whatsoever for the said work, or for the collection from said private interests and local governments of any amounts earned for work performed.

i. Condition of Channel. Data on current channel conditions may be obtained from the U.S. Coast Guard.

1.5 MISPLACED MATERIALS

Should the Contractor during the progress of the work lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall immediately recover and remove the object. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector, and when required, mark or buoy such obstructions until removed. Should the Contractor refuse, neglect, or delay compliance with the above requirements, the obstruction may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The

DOCUMENT 00 80 00.00 09 Page 4 liability of the Contractor of the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of 3 March 1899 (33 U.S.C. 410, et seq.)

1.6 FUEL TRANSFER

When marine plant and equipment are in use under this contract, a safe means of fuel transfer will be used. This fuel transfer will meet the Coast Guard Regulations 33 CFR 156.120 regarding fuel/oil transfer operations and 33 CFR 155.320 fuel/oil discharge containment. The marine plant will be checked for compliance before the plant is allowed to be used on the contract.

1.7 ENVIRONMENTAL PROTECTION

1.7.1 Scope

This section covers prevention of environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in this specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare;

unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural and/or historical purposes. The control of environmental pollution and damage requires consideration of air, water, and land, and includes management of visual aesthetics, noises, solid waste, radiant energy, and radioactive materials, as well as other pollutants.

1.7.2 Quality Control

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any problems complying with laws, regulations and ordinances and corrective action taken.

1.7.3 Submittals

a. General. Within 15 days after Award of the contract, an Environmental Protection Plan shall be submitted to the Contracting Officer for review and acceptance. The Contractor shall submit an environmental protection plan in accordance with provisions as herein specified. The plan shall include but not be limited to the following:

(1) A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the Contractor's proposed operations, and the requirements imposed by those laws, regulations, and permits.

(2) Methods for protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of the methods to protect resources needing protection, including but not limited to trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archaeological, and cultural resources.

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(3) Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall set out the procedures to be followed to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the Environmental Protection Plan.

(4) Permit or license and the location of the solid waste disposal area.

(5) Environmental monitoring plans for the job site, including land, water, air, and noise monitoring.

b. Implementation. Prior to commencement of the work, the Contractor shall submit in writing the above Environmental Protection Plan.

Approval of the Contractor's plan will not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his authorized representative.

1.7.4 Notification

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits, and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extension shall be granted, or costs or damages allowed to the Contractor for any such suspension.

1.7.5 Protection of the Environmental Resources

a. General. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following paragraphs.

b. Protection of Land Resources

(1) Disposal of Solid Wastes, General. Solid wastes (excluding material resulting from clearing and grubbing) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination.

(2) Disposal of Solid Waste by Removal from Site. The Contractor shall transport all solid waste off of the work site and dispose of it in compliance with federal, state, and local requirements for solid waste disposal.

(3) Disposal of Chemical Waste. Chemical waste shall be stored in corrosion resistant containers, removed from the work area, and disposed of in accordance with federal, state, and local regulations.

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(4) Disposal of Discarded Materials. Discarded materials other than those which can be included in the solid waste category will be disposed of as directed by the Contracting Officer.

c. Preservation and Recovery of Historical Archaeological and Cultural Resources. Known historical, archaeological, and cultural resources within the Contractor's work area will be designated by the Contracting Officer, and the Contractor shall take precautions to preserve all such resources as they existed at the time they were pointed out to the Contractor. The Contractor shall install all protection for these resources and shall be responsible for their preservation during this contract. All items having any historical or archaeological interest which are discovered in the course of any construction activities shall be carefully preserved. The Contractor shall leave the archaeological find undisturbed and shall immediately report the find to the Contracting Officer so that the proper authorities may be notified.

d. Protection of Air Resources

(1) General. The Contractor shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction activities shall be in strict accordance with the applicable state air pollution regulations and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for those construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities which are included in the contract.

(2) Hydrocarbons and Carbon Monoxide. Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and State allowed limits at all times.

(3) Odors. Odors shall be controlled at all times for all construction activities, processing, and preparation of materials.

(4) Monitoring of Air Quality. Monitoring of air quality shall be the responsibility of the Contractor. All air areas affected by the construction activities shall be monitored by the Contractor.

1.7.6 Maintenance of Pollution Control Facilities

The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract, or for that length of time construction activities create the particular pollutant.

1.7.7 Training of Contractor Personnel in Pollution Control

The Contractor shall train his personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers, and instruments required for monitoring purposes) to ensure: adequate and

DOCUMENT 00 80 00.00 09 Page 7 continuous environmental pollution control.

1.7.8 Payment

No separate payment or direct payment will be made for the cost of the work covered under this section, and such work will be considered as a subsidiary obligation of the Contractor.

1.8 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

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

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

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

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

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

(UAI 31.105-101)

NOTE: EP-1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule" is available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx, then search for EP 1110-1-8, then click on the link and then choose EP_1110-1-8_Vol-03.pdf or may be purchased from the Government Printing Office on CD-ROM by calling (202) 512-1800.

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1.9 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor, or a Subcontractor at any tier, not required by the terms of the contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor, or a Subcontractor at any tier, other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause SUSPENSION OF WORK in this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "Environmental Litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment, or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.10 VARIATION IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS

This variation in estimated quantities clause is applicable only to Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, and 0008.

(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 Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, and 0008 is less than 85 percent of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(c) If the actual quantity of work performed under Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, and 0008 exceeds 115 percent or is less than 85 percent of the total estimated quantity of the sub-item under that item, and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, and 0008 exceeds 115 percent or is less than 85 percent of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity. (UAI 52.211-5001)

1.11 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

The security requirements described below apply to all contract personnel

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(including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures, to include identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.12 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as "NCIC-III") and Terrorist Screening Database (commonly referred to as "TSDB"). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.13 SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g., iWATCH, CorpsWatch, or See Something, Say Something)

All contract personnel shall receive initial and annual refresher training

DOCUMENT 00 80 00.00 09 Page 10 from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.14 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.15 NON-U.S. CITIZENS WORKING ON GOVERNMENT CONTRACTS

Government Approval MUST be obtained PRIOR to any non-U.S. Citizen being permitted to work on a Government contract. The Contractor must submit a letter requesting approval via the Contracting Officer/Contracting Officer Representative to the Vicksburg District Security Officer. The letter must include the contract number, period of performance, location(s) of work performance and attach a copy of the individual's passport and visa/work authorization documents.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SCOPE OF WORK

1.3 PAYMENTS

1.3.1 General

1.3.2 Pay Time

1.4 PAYMENT INVOICES

1.5 SUBMITTAL OF SUBCONTRACTING PLAN

1.6 DESIGNATED BILLING OFFICE

1.7 PLANT

1.8 DURATION OF CONTRACT

1.9 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS

OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

1.10 SERVICES TO BE FURNISHED TO THE GOVERNMENT

1.11 ACCIDENT PREVENTION PLAN

1.12 LOUISIANA SEVERANCE TAXES

1.13 ACCIDENT INVESTIGATIONS AND REPORTING

1.14 SSHO STAFFING FOR USACE DREDGING CONTRACTS

1.15 SSHO REQUIREMENTS FOR DREDGING

1.16 DESIGNATED REPRESENTATIVE (DR) REQUIREMENTS FOR DREDGING

1.17 SAFETY PERSONNEL TRAINING REQUIREMENTS FOR DREDGING

1.18 DREDGING AND DREDGE RELATED MARINE WORK

1.19 DAILY INSPECTIONS

1.20 MACHINERY AND MECHANIZED EQUIPMENT

1.21 MANDATORY CONDITIONS FOR WORK INVOLVING MARINE PLANT

1.22 HARBOR MAINTENANCE FEE

1.23 OFFICE ACCOMMODATIONS FOR INSPECTORS

1.24 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING

PLANT

1.25 EMERGENCY ALARMS AND SIGNALS

1.26 SIGNAL LIGHTS

1.27 HURRICANE PLAN

1.28 COAST GUARD MOTORBOAT OPERATOR'S LICENSE

1.29 WORKING IN THE VICINITY OF STRUCTURES OR UTILITY CROSSINGS

1.30 OUTBOARD BOATS

1.31 FUEL PRICE ADJUSTMENT

1.32 WARRANTY

1.33 CONTRACTOR'S RESPONSIBILITY

1.34 FUEL CONSUMPTION REPORTING REQUIREMENTS

1.35 MINIMUM REQUIRED INSURANCE

1.36 MARINE EQUIPMENT OWNERSHIP AND OPERATING SCHEDULE

1.37 MEALS SUPPLIED TO GOVERNMENT EMPLOYEES

PART 2 PRODUCTS (Not Applicable)

SECTION 01 00 00.00 09 Page 1

PART 3 EXECUTION (Not Applicable)

SECTION 01 00 00.00 09 Page 2

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

19 CFR 24.24 Harbor Maintenance Fee

33 CFR 156 Oil and Hazardous Material Transfer Operations

EP 1110-1-8 (2016) Construction Equipment Ownership and Operating Expense Schedule

1.2 SCOPE OF WORK

The work to be performed under the Contract consists of furnishing all plant, materials, equipment, supplies, labor and transportation, including fuel, power, water (except any materials, equipment, transportation, utility, or service specified to be furnished by the Government), and performing all work in strict accordance with the specifications and schedules. The Government intends to use the dredge at any of the locations as described in Section 35 20 23.00 09 DREDGING, paragraph WORK

LOCATIONS.

1.3 PAYMENTS

1.3.1 General

Payments will be made monthly. The unit price or job price or prices stated in the Contract will be used in determining the amounts to be paid for work performed by the Contractor. Payment for work under Contract will be made by the USACE Finance Center, CEFC-AO-P, 5722 Integrity Drive, Millington, Tennessee 38054-5005.

1.3.2 Pay Time

Pay time shall begin on the date and hour of acceptance of the dredge and attendant plant by the Contracting Officer, as provided in Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph DELIVERY, PROSECUTION, TERMINATION AND SUBSTITUTION OF PLANT and paragraph DURATION OF CONTRACT of this section, and shall end when dredge and attendant plant are returned to the Contractor, as provided in Section 00 80 00.00 09

SECTION 01 00 00.00 09 Page 3

SPECIAL CONTRACT REQUIREMENTS, paragraph DELIVERY, PROSECUTION, TERMINATION AND SUBSTITUTION OF PLANT. Pay time will be computed on the basis of hours and fractions of hours for effective time and in hours and fractions of hours for non-effective time as specified in Section 35 20 23.00 09 DREDGING, paragraph PAYMENTS. Time will be calculated to the nearest 1/60 of an hour for payment.

1.4 PAYMENT INVOICES

a. The Federal Acquisition Regulation requires that the "REMIT TO" address on the invoice match the "REMIT TO" address on the Contract or a proper notice of assignment. The Payment Office will verify a match of the "REMIT TO" address in the Contract and Contractor’s invoice prior to payment. If the addresses do not match, the invoice will be determined improper and returned to the Contractor for correction and resubmission. If an invoice is improperly returned, the original invoice receipt date shall be used as the basis for determining interest to be paid in accordance with the PROMPT PAYMENT ACT.

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment include substantiation of the amounts requested. As required in Office of Management and Budget, Circular A-125 (Rev.), PROMPT PAYMENT, dated December 12, 1989, substantiation of the amount requested for progress payments under construction contracts includes the following:

(1) An itemization of the amounts requested related to the various elements of work required by the Contract covered by the payment request;

(2) A listing of the amount included for work performed by each subcontractor under the Contract;

(3) A listing of the total amount of each subcontract under the Contract;

(4) A listing of the amounts previously paid to each such subcontractor under the Contract; and,

(5) Additional supporting data in a form and detail required by the Contracting Officer.

c. Failure to include the above information in a Contractor’s invoice will result in the invoice being considered defective under the provisions of the PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS clause of the Contract, and it will be returned to the Contractor for correction and resubmission.

1.5 SUBMITTAL OF SUBCONTRACTING PLAN

a. This paragraph does not apply to small business concerns.

b. After bid opening, and within 7 days, the apparent low bidder, upon telephone notification by the Small and Disadvantaged Business Utilization Specialist, shall submit a Small and Disadvantaged Business Subcontracting Plan. The plan shall be submitted in accordance with the Contract Clauses SMALL BUSINESS SUBCONTRACTING PLAN - ALTERNATE I and SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED

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SMALL BUSINESS SUBCONTRACTING PLAN, and the person responsible for administering the plan shall be named in paragraph AGENT FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN of the Representations and Certifications.

1.6 DESIGNATED BILLING OFFICE

The designated billing office for this Contract shall be Department of the Army, Vicksburg District, Corps of Engineers, ATTN: CEMVK-OD-RN-D, 2449 Haining Road, Vicksburg, Mississippi, 39180, telephone (601) 631-5712.

1.7 PLANT

a. General. The Contractor agrees to place plant on the job meeting the requirements herein specified. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications and the plant shall always be subject to inspection of the Contracting Officer. It is understood that award of this Contract shall not be construed as an agreement on the part of the Government that plant listed by the Contractor in his bid is adequate for the performance of the work. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply.

b. Performance of Plant

(1) By bidding this Contract, the Contractor is guaranteeing that the dredging plant furnished will perform efficiently and safely under the conditions described in these specifications. The plant shall maintain an average of at least 24 linear feet per hour (28 feet for a dredge with traveling spud carriage) of advance through the cut, where the swing width is 200 feet or less and meet the hourly yardage requirements of Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT as determined by before and after surveys. For accuracy purposes, only before and after dredge surveys will be used to determine actual cubic yardage production. Cubic Yardages shown on the government daily reports are estimated quantities based on average cut depths and will not be used to verify volumetric production. All production requirements are based on the previous 48 hours of pumping time, not total operating time. The above requirements do not apply when pumping gravel, on pipelines exceeding 5,000 feet in length.

The Contractor shall provide with the daily report a survey of the previous days dredging progress. Surveys will be taken using standard hydrographic survey techniques. Cross sections will be taken at intervals not less than 100 feet. Progress shall be demonstrated clearly by depicting pre- and post-dredging limits to ensure adequate grade has been achieved post dredging.

(2) At the discretion of the Contracting Officer, and without advance notice to the Contractor, before and after dredge surveys may be taken at Government expense to determine if the plant is meeting the production requirements of Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT. Hypack data from the dredge may be used to verify production in lieu of survey. The survey/Hypack Data will encompass at least 48 hours of pumping time. If the surveys show the plant is not meeting production requirements when averaged over 48 hours of pumping time, the Contractor's rate of pay from that point forward will be reduced

SECTION 01 00 00.00 09 Page 5 by the proportion that his actual rate of production falls short of required production. After correcting his production deficiencies, the Contractor may purchase-at his own expense-before and after dredge surveys. If these surveys show that the Contractor's plant is meeting production requirements when averaged over at least 48 consecutive hours of pumping time, the original rate of pay will resume.

(3) This paragraph does not alter the Contracting Officer's right to terminate in accordance with Contract Clause, DEFAULT, (FAR 52.249-10) for failure to meet production requirements.

c. Unserviceable Plant. If, at any time during the life of the Contract, the Contracting Officer determines that any item of plant or part thereof is inadequate for the service required, is not being operated at full capacity, has become unserviceable or unsafe, has become incapable of efficient work, or is not being efficiently operated because of reduced or incompetent crew, he will notify the Contractor in writing of his decision. The Contracting Officer will either suspend operations or direct that the item of plant or part thereof be removed from the work until the defects are corrected; and after giving such notice, the rate of payment for the entire plant will be reduced in the ratio that the output falls short of that established by Section 35 20 23.00 09 DREDGING, paragraph DREDGING EQUIPMENT, with allowances for changes in dredging conditions, until the defects are corrected or incompetent crew is replaced, or crew is increased to the satisfaction of the Contracting Officer in accordance with subparagraph (b), 'Performance of Plant.' The Contractor may substitute other plant of similar capacity and power satisfactory to the Contracting Officer for any item of plant or part thereof condemned or ordered removed from the work as unfit.

d. Control

(1) The plant and its crew will work under the actual supervision of the Contractor. The Contracting Officer, or his representatives, shall direct the time and location of the work to be accomplished, dimensions of cut, and location of discharge.

(2) The Contractor, or a representative with full authority to act for him with reference to care and operation of the plant, shall be on the site of the work at all times.

e. Movement of Plant. All moving and towing of the dredge and attendant plant from point of delivery to jobs covered in these specifications, or as directed by the Contracting Officer, will be done by the Contractor. When moving to a new assignment requiring shore pipeline, it will be the responsibility of the Contractor to assemble and lay the shore pipeline ready for use prior to the arrival of the dredge. When operations are suspended, as provided in paragraph DURATION OF CONTRACT subparagraph b, towing of the dredge and attendant plant to the nearest safe harbor, when deemed advisable or necessary by the Contractor and approved by the Contracting Officer, will be performed by the Contractor.

f. Operation and Repair. The Contractor shall furnish at his own expense all labor, fuel, necessary equipment for transportation of fuel to dredge, appliances, appurtenances, equipment, materials, SECTION 01 00 00.00 09 Page 6 subsistence and supplies, and bear all expense incident to the efficient operation of his plant in connection with the work of dredging under the Contract. The Contractor shall also bear all direct overhead and collateral expenses incident to the operation, upkeep, and repair of all items of plant. He shall maintain the plant in good state of repair, shall arrange for a supply of renewal parts to be on hand when needed for the dredge and each kind of attendant plant, and shall provide and maintain the required crews for each item of plant employed in connection with the work. All floating pipelines shall be supported by catamarans, small barges, or pontoons, along with bracing of sufficient strength and stability to adequately support the pipe during dredging and towing operations. Special consideration may be given for rubber coated floating pipeline designed to float without assistance from exterior floats. The rubber coated floating pipeline will be evaluated during the submittal process by the Contracting Officer. Trestles for the support of shorelines in shallow water and other places where necessary shall be built and maintained by the Contractor. All pipelines must be kept in good condition at all times, and any pipeline leaks, or broken pipeline and/or connections must be promptly and properly repaired.

g. Responsibility for Contractor Plant and Government Property. The Government will not be responsible for loss or damage to the dredge and attendant plant, or any government property aboard the dredge or attendant plant due to the fault or negligence of the Contractor. The Contractor shall release the Government and its officers and agents from all responsibility for damages to dock facilities, submerged and aerial crossings, bridges, moored vessels, or other damages ordinarily covered by fire and marine insurance.

1.8 DURATION OF CONTRACT

a. The Contract period, with all its terms and provisions, will be 365 days from the date of Notice To Proceed, unless it should become necessary to terminate the Contract earlier.

b. The Contracting Officer or Contracting Officer's Representative reserves the right to suspend operations whenever, in his opinion, river or other conditions such as high river stages and river currents above 7 feet per second, make dredging unsafe, impractical or uneconomical. Remobilization will not be paid if plant is shut down for contractor safety reasons.

1.9 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS OF

ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation.

EM 385-1-1 version 2014 and changes are available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx, Search for EM_385-1-1, then click on EM_385-1-1 2014 English version.

Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the Contract.

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1.10 SERVICES TO BE FURNISHED TO THE GOVERNMENT

a. The Contractor will be required:

(1) To furnish on the request of the Contracting Officer or any inspector, the use of such boats, boatmen, laborers and materials forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary for inspection.

(2) To furnish on the request of the Contracting Officer or any inspector, 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 discharge area.

b. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer and the cost thereof will be deducted from any amounts presently or in the future due to the Contractor.

1.11 ACCIDENT PREVENTION PLAN

Refer to the Contract Clause ACCIDENT PREVENTION (Alternate I). Within 15 days after receipt of award of the Contract, an Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance.

The plan shall be prepared as specified in Appendix A, "Minimum Basic Outline for Accident Prevention Plans" of EM 385-1-1. In addition to the requirements listed, the Contractor shall also submit the required information on the forms outlined below, which can be found on the Vicksburg District Construction Division home page, http://www.mvk.usace.army.mil/Missions/EngineeringandConstructionDivision, click on Construction Services Branch, then click on Forms.

a. An executed LMV Form 358-R, "Administrative Plan".

b. An executed MVK Form 385-359-R, "Hazard Analysis" for each definable feature of work.

c. When marine plant and equipment are in use under a Contract, the method of fuel oil transfer shall be submitted on LMV Form 414R, "Fuel Oil Transfer-Floating Plant". (Refer to 33 CFR 156 .)

d. The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Hazard Analysis only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase.

Also, refer to Section 1, "Program Management", paragraph 01.B, "Indoctrination and Training" of EM 385-1-1.

1.12 LOUISIANA SEVERANCE TAXES

a. The bid submitted in response to this invitation shall not include any amount whatsoever for payment of any of the following taxes, fees, or charges:

(1) The Louisiana "Severance Tax" imposed by LAS R.R. 47:631 and

SECTION 01 00 00.00 09 Page 8 made applicable to the dredging of fill material from rivers and bodies of water within the State of Louisiana by the Severance Tax Regulations promulgated by the Collector of Revenue dated 31 March 1968.

(2) Any amount claimed by the Louisiana Department of Wildlife and Fisheries for the privilege of removing fill from the water bottoms of the State of Louisiana.

b. If the Contractor is required to pay or bear the burden of any tax, fee, or charge described in paragraph a.(1) and/or a.(2) above, the Contract price shall be increased by that amount which the Contractor is required to pay. However, no increase in Contract price shall be made for any liability the Contractor may incur as a result of his fault or negligence of his failure to follow the instructions of the Contracting Officer.

c. The Contractor shall promptly notify the Contracting Officer of all matters pertaining to taxes, fees, or charges as described herein which reasonably may be expected to affect the Contract price and shall at all times follow the directions and instructions of the Contracting Officer in regard to the payment of such taxes, fees, or charges.

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