A21 - RTA-SPECS1-W912PM24BA003-FY26WHIOB.pdf

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Maintenance Dredging, Wilmington Harbor Inner Ocean Bar Federal contract opportunity
Solicitation number
W912PM25BA003
Issued by
Department of the Army Corps of Engineers Engineering District Wilmington

About this file

This file contains a U.S. Fish and Wildlife Service Biological Opinion evaluating the effects of beach nourishment and inlet dredging activities along the North Carolina coast on protected species including piping plovers, red knots, seabeach amaranth, and various sea turtle species (loggerhead, green, leatherback, hawksbill, and Kemp's ridley).

The opinion analyzes a proposed action by the U.S. Army Corps of Engineers to place sand on up to 25 miles of shoreline annually during normal years, and up to 62.5 miles during emergency years, with work conducted between November 16 and April 30. The document provides detailed species assessments, environmental baseline conditions, effects analyses, and conservation measures. It concludes that the proposed activities are not likely to jeopardize the continued existence of the protected species, provided specific reasonable and prudent measures are implemented. These include requirements for monitoring, timing restrictions, habitat protection, lighting controls, and predator management. The opinion establishes terms and conditions that must be followed to minimize impacts on listed species and their habitats during dredging and beach nourishment operations.

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SOLICITATION No. W912PM25BA003 CONTRACT No. W912PM25XXXX

MAINTENANCE DREDGING

WILMINGTON HARBOR

INNER OCEAN BAR

BRUNSWICK COUNTY,

NORTH CAROLINA

READY TO ADVERTISE

SPECIFICATIONS

FEBRUARY-2025

NOTICE: REQUIRES COMPLICANCE WITH THE 15 MARCH 2024 EDITION OF

EM 385-1-1: SAFETY and OCCUPATIONAL HEALTH REQUIREMENTS

FY25 WILMINGTON HARBOR INNER OCEAN BAR FY26WHIOB

RTA W912PM25BA003

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 02/11 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.10 38 8/17 SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS

01 32 01.00 10 02/15 PROJECT PROGRESS SCHEDULE

01 33 00 08/18, CHG 4: 02/21 SUBMITTAL PROCEDURES

01 35 26 05/24 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 02/19, CHG 1: 08/23 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 11/16, CHG 2: 11/21 QUALITY CONTROL

01 45 00.15 10 11/16, CHG 2: 08/19 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE (RMS CM)

01 50 00 11/20, CHG 2: 08/22 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 19 08/22 TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 02 - EXISTING CONDITIONS

02 21 00 09/22 CONSTRUCTION SURVEYS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 08/20 DREDGING & BEACH PLACEMENT WORK

35 20 23.33 02/22 NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM - PIPELINE HYDRAULIC DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

1.3 SUPPLEMENTARY DRAWINGS

1.3.1 Reference Drawings

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings and Specifications." in Section 01 10 00.10 38.

1.2 CONTRACT DRAWINGS

Contract drawings are provided.

1.3 SUPPLEMENTARY DRAWINGS

These supplementary drawings may not be a part of the contract but are included with the drawings for information.

1.3.1 Reference Drawings

The Attachment 1 list of reference drawings are intended only to show the original construction. Drawings are the property of the Government and shall not be used for any purpose other than that intended by the contract. The drawings are full size.

-- End of Document --

DOCUMENT 00 01 15 Page 2

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

8/17

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.7 SAMPLING, CERTIFICATES, AND TESTING

1.8 CERTIFICATES OF COMPLIANCE

1.9 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.10 INSPECTION

1.11 FINAL EXAMINATION AND ACCEPTANCE

1.12 SURVEY DATA

1.13 BEACH SURVEYS AND SURVEY PERSONNEL REQUIREMENTS

1.14 FINAL EXAMINATION AND ACCEPTANCE OF BEACH FILL

1.15 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.16 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.17 REQUIRED CONSTRUCTION MEETINGS

1.18 BULLETIN BOARD

1.19 PLANT

1.20 PLANT LOCATION

1.21 SIGNAL LIGHTS

1.22 WORK IN QUARANTINED AREA

1.23 NCDOT SPECIFICATIONS

1.24 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.25 IDENTIFICATION OF EMPLOYEES

1.26 PUBLIC CONVENIENCE AND SAFETY

1.27 LOAD RESTRICTIONS

1.28 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

1.29 CONTRACT AREA AND TRESPASSING

1.30 PARTNERING

1.31 ADVANCED NOTICE REQUIREMENT

1.32 NOTICE TO MARINERS

1.33 PROTECTION OF EXISTING FACILITIES

1.34 WATER CONSERVATION

1.35 COORDINATION WITH OTHER CONTRACTORS

1.36 SEAGOING BARGE ACT

1.37 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 10 00.10 38 Page 1

SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

8/17

PART 1 GENERAL

1.1 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.

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT)

NCDOT Standard Specifications For Roads And Structures

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety -- Safety and Health Requirements Manual

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

1.2 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

1.3 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

The Contractor shall be required to comply with the following security requirements mandated by the Department of the Army:

Short-term employees (working on site less than or equal to 6 months): If a criminal history is found, the employee MAY not be allowed to work at the project site at the sole discretion of the

SECTION 01 10 00.10 38 Page 3

Government.

Long-term employees (working on site more than 6 months):

ALL of the following is required WHEN REPORTING FOR WORK -

a) A completed OMB Form No. 3206-0182 (also designated as Optional Form 306).

b) A completed OMB Form No. 3206-0191 (also designated as Standard Form 85P).

c) A resume.

The Government will use all provided information to perform a National Agency Check and Inquiries (NACI) check and will pay the required fee.

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer or his/her designated representative. All prescribed identification shall immediately be delivered to the Contracting Officer or his/her designated representative for cancellation upon the release of any employee.

(End of Clause)

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer or his/her designated representative to award a time extension under this clause, the following conditions must be found to be satisfied in the sole discretion of the Contracting Officer or his/her designated representative:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on wave height information collected by the U.S. Army Corps of Engineers wave gage located 11 miles offshore of the Cape Fear River entrance. This gage has been in operation over the period 2000 - 2009. The table is based on the average number of days each month during which waves exceeded a height of 5 feet. This level will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule shall reflect these anticipated adverse weather and/or sea conditions delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER AND/OR SEA CONDITIONS DELAYS (DAYS)

SECTION 01 10 00.10 38 Page 4

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5 5 7 3 3 1 1 1 5 2 5 7

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in subparagraph (b), the Contracting Officer or his/her designated representative will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)".

(End of Clause)

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under the "Performance and Payment Bonds" contract line item of the Bidding Schedule. Payment to the Contractor therefore, shall not exceed the bid price and shall be made in accordance with the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS." Any additional amount bid in excess of the actual bond premium will be included in the final pay estimate for this contract.

(End of Clause)

1.6 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer or his/her designated representative, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor will furnish submittals for any deviation from the plans or specifications. The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control System Manager shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer or his/her designated representative at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register

SECTION 01 10 00.10 38 Page 5 furnished in Section 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

(c) Normal review levels for required approvals are indicated by letter designations as follows:

Contractor Quality Control System Manager --- (CQC) Area or Resident Engineer ------------------- (R) Engineering Branch -------------------------- (E)

The Government reserves the right to vary the review levels for (R) and

(E) to its convenience.

(d) The Contractor shall use ENG Form 4025, furnished in Section 01 33 00 SUBMITTAL PROCEDURES, to transmit Shop Drawings, Equipment Data, Material Samples or Manufacturer's Certificate of Compliance to the Government.

(End of Clause)

1.7 SAMPLING, CERTIFICATES, AND TESTING

(a) General. Within 30 days after acknowledgment of Notice to Proceed, the Contractor shall submit to the Contracting Officer or his/her designated representative five (5) copies of a list of the items for which he proposes to furnish manufacturer's certificates and/or samples for inspection and testing. The list shall include, but is not limited to the following information:

(1) Name of item

(2) Specification paragraph covering this item

(3) Date sample will be furnished

(4) Delivery date of product

(5) Items for which a certificate will be furnished

(b) Submittals. Any product or item mentioned in these specifications and required to meet Federal, ASTM, AASHTO, U. S. Army or Navy, AREMA, AWWA, and UL Specifications or Codes, specified herein with certain limiting or qualifying requirements, or any product or item which is required to be similar and equal to a specified product or item may require the submission, before delivery of the product or item to the job site, of one or more of the following:

(1) Certificate by the manufacturer that the item meets the contract requirements.

(2) Samples for inspection, comparison, and testing, including destructive tests.

(c) Sample delivery. Unless otherwise specified or authorized, all samples shall be delivered (without cost to the Government) to:

U.S. Army Engineer District, Wilmington

SECTION 01 10 00.10 38 Page 6

Corps of Engineers ATTENTION: Construction Branch 69 Darlington Avenue Wilmington, North Carolina 28403

If required by the Contracting Officer or his/her designated representative, duplicate samples shall be shipped to the Wilmington District Office at no expense to the Government.

(d) Testing. All tests required in the Technical Provisions shall be made by and at the expense of the Contractor except those material tests specifically excluded which will be made by and at the expense of the Government. All instruments and personnel required for the required tests shall be furnished by the Contractor. The Government reserves the right to interrupt the work to make tests on all facets of concreting and other operations. These tests will be made as necessary to insure conformance to applicable specifications and drawings and will be made by and at the expense of the Government except Contractor sampling support as required by the Technical Provisions. In those instances where testing is specified to be made at the Government's expense, the cost of the initial testing will be at the Government's expense; however, any retesting due to failure of the materials to meet the requirements in the initial test shall be performed at the Contractor's expense. The retests shall be made at laboratories approved by the Contracting Officer or his/her designated representative. The costs of retests made at Government laboratories will be deducted from the total amount due the Contractor, at actual cost to the Government, unless otherwise specified.

(End of Clause)

1.8 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies.

Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply.

Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory or Contractor's testing facilities and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(End of Clause)

1.9 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

(1998 January HQUSACE)

(a) Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism, including the associated side slopes, varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in the costs due solely to the

SECTION 01 10 00.10 38 Page 7 variations above 115 percent or below 85 percent of the estimated quantity within the required dredging prism. Any equitable adjustment in the contract unit price will also apply to that part of the actual quantity of allowable over-depth material above 115 percent or below 85 percent of the estimated allowable over-depth quantity.

(b) If the quantity variation is such as to cause an increase in the time necessary for completion, the Contracting Officer or his/her designated representative shall upon receipt of a written request for an extension of time within 10 days from the beginning of such delay, or within such further period of time which may be granted by the Contracting Officer or his/her designated representative prior to the date of final settlement of the contract, ascertain the facts and make such adjustment for extending the completion date as in their judgment the findings justify.

(End of Clause)

1.10 INSPECTION

The Contractor shall be required:

(a) To furnish, on the request of the Contracting Officer or his/her designated representative or any Government inspector, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew as may be reasonably necessary in inspecting the work. However, the Contractor shall not be required to furnish such facilities for the surveys prescribed in the clause entitled "FINAL

EXAMINATION AND ACCEPTANCE".

(b) To furnish, on the request of the Contracting Officer or his/her designated representative or any Government inspector, suitable transportation from all points on shore designated by the Contracting Officer or his/her designated representative to and from the various pieces of plant, and to and from all work locations. The transportation, if by boat, shall comply with the requirements of paragraph 19.F of USACE

EM 385-1-1 .

(c) To furnish a 4X4 utility vehicle capable of safely transporting four persons for use exclusively by the Contracting Officer or his/her designated representative, official visitors to the site or any Government inspector for use off road i.e., beach fill projects. 4X4 utility vehicle shall be equipped with seat belts, ROPS, lights, back-up alarm and foul weather protection (same as contractor equipment). Contactor shall be responsible for 4X4 utility vehicle maintenance and fuel.

Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer or his/her designated representative and the cost thereof will be deducted from any amounts due or to become due the Contractor.

(End of Clause)

1.11 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or, if the work is divided into sections, or if any section which in the opinion of the Contracting Officer or his/her designated representative will not be subject to damage by further operations under the contract, such work will

SECTION 01 10 00.10 38 Page 8 be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer or his/her designated representative. If any shoals, lumps, or the lack of contract depth are disclosed by this examination, the Contractor shall remove same by dredging the bottom with payment at the appropriate contract rate for dredging. Bed leveling by dragging the bottom with a drag bar or other device will not be allowed. The Contractor will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in satisfactory condition, it will be accepted. If more than two sounding or sweeping operations by the Government over an area are necessary because of work for the removal of shoals disclosed by prior sounding or sweeping, the cost of such subsequent soundings or sweeping operations will be charged against the Contractor at the rate of $5,000 per day in which the Government plant is engaged in sounding or sweeping, is enroute to or from the site, or is held at or near the site for such operations.

(End of Clause)

1.12 SURVEY DATA

The Contractor shall maintain complete and accurate field notes, sketches, recordings and computations required in establishing the necessary horizontal and vertical control. All survey data shall be recorded in accordance with accepted standards and as approved by the Contracting Officer or his/her designated representative. All the above data shall be available at all times during the progress of the work for ready examination and use by the Contracting Officer or his/her designated representative. Upon request of the Contracting Officer or his/her designated representative, the Contractor shall furnish a copy of above survey data.

(End of Clause)

1.13 BEACH SURVEYS AND SURVEY PERSONNEL REQUIREMENTS

(a) Survey personnel. All quantity surveys required by the Contractor, except those for any periods for which progress payments are requested, shall be made by personnel of a professional engineering and/or surveying firm experienced in the practice of such work including Global Positioning Systems (GPS) surveys and independent of the prime contractor. The survey personnel shall have the following minimum qualifications.

(1) Each party chief shall be a Professional Land Surveyor and shall be proficient in the operation of precise and semi-precise instruments. They shall be capable of running horizontal and vertical control of 2nd order accuracy. In the event it is considered advantageous to employ a party chief who is not a Professional Land Surveyor, detailed qualifications of the individual shall be submitted to the Contracting Officer or his/her designated representative for review and approval.

(2) Instrument men shall be proficient in the operation of precise and semi-precise instruments including transit, level, and alidade, and shall prepare all survey notes in a firm and legible manner.

(3) Rodman. At least one rodman with a minimum of six months prior experience each, shall be assigned to each survey part.

(4) Surveying technicians shall be familiar with all phases of surveys and the North Carolina State plane coordinate system. Also

SECTION 01 10 00.10 38 Page 9 they shall be well versed in the computation and adjustment of horizontal and vertical control of 2nd and 3rd order survey. At least one technician shall be proficient in GPS post processing and Geoid modeling.

(b) Beach surveys to be performed by the Contractor as follows::

(1) Preplacement surveys shall be made of the entire beach fill limits (onshore and offshore) area prior to placement of fill. Such surveys shall be scheduled so that field notes and computations (to include all required deliverables) can be furnished to the Contracting Officer or his/her designated Representatives a minimum of 5 working days in advance of the initiation of placement of beach fill so that control of quantities and adjustments to the fill placement may be made if necessary. The sections shall be taken at intervals of 100' and at right angles to the longitudinal alignment of the project baseline or as otherwise directed.

All sections shall extend from 50 feet landward of the top of the existing dune to a minimum distance of 1,500 feet seaward of the baseline.

Elevations and ocean soundings shall be taken generally at 25-foot intervals and at all break points. All data shall be relative to NAD 1983 (2011), North Carolina State Plane, U.S. Survey Feet in the horizontal plane and NAVD 1988, U.S. Survey Feet in the vertical plane.

(2) Postplacement surveys shall be made as soon as possible after placement of the fill. The Contractor shall use the same stations that were used in the preplacement surveys. Elevations and ocean soundings shall be taken at 25-foot intervals and at all break points. All sections shall extend from 50 feet landward of the top of the existing dune to a minimum distance of 1,500 feet seaward of the baseline or as needed to indicate the intersection of beach fill with the preplacement bottom profile. In the event the first examination shows additional work is required in an area prior to its acceptance, additional elevations and/or soundings will be required only in the area where additional work is required. Elevations and soundings will continue to be taken until such area is acceptable. The Contractor shall submit the Postplacement survey data to the Contracting Officer or his/her designated representative. The Contracting Officer or his/her designated representative will review the Postplacement survey data for acceptance within 10 working days.

(3) Post construction surveys shall be made of the entire beach fill limits (onshore and offshore) following the completion of all the beach fill placement. Such surveys shall be scheduled so that field notes and computations (to include all required deliverables) can be furnished to the Contracting Officer or his/her designated Representatives a minimum of 30 working days after the final placement of all beach fill as part of this contract is complete. The sections shall be taken at locations and along azimuths or as otherwise directed.

All sections shall extend from 50 feet landward of the top of the existing dune to a minimum distance of 1,500 feet seaward of the construction baseline. Elevations and ocean soundings shall be taken generally at 25-foot intervals and at all break points. All data shall be recorded in feet and shall be referenced to NAD 1983 horizontal datum and NAVD 1988 vertical datum.

(c) Unless waived in each specific case, all surveys made by the Contractor shall be conducted in the presence of a representative of the Contracting Officer.

(d) The Government reserves the right to make such surveys as

SECTION 01 10 00.10 38 Page 10 necessary for verification of surveys made by the Contractor.

(e) Deliverables.

(1) The Contractor shall furnish to the Government copies of all surveys taken as required via electronic mail or government approved website. The points along the beach survey shall be presented in ASCII data files and in x,y,z coordinates or easting, northing, elevation.

The survey information will be used by the government to control and make adjustments to the volume of beach fill placed along the beach.

(2) In addition to the above requirements, the Contractor shall compute beach fill volumes for the contract typical sections based on the preplacement surveys as described hereinabove. The Contractor shall also compute beach fill volumes for construction template with a +0.5 foot vertical tolerance and a -0.5 foot vertical tolerance.

Plots of the profiles along with digital records of the surveys and computations shall be furnished to the Government.

(3) Metadata Record. An FGDC compliant metadata record for all surveys shall be created using ESRI ArcView/ArcInfo ArcCatalog and compatible with ArcGIS Pro version 3. Appropriate information shall be entered in all required fields. The metadata record shall be submitted via e-mail or a governement approvel website with all other digital files.

(4) Quality Control. All data and deliverables shall be reviewed for the following: required coverage of the survey limits, capture of all required features, required accuracies and required horizontal and vertical datum.

(5) Measurement and Payment. All costs for labor, materials, equipment, tools, supplies, and incidentals necessary to perform and furnish the preplacement and Postplacement surveys for the beach disposal areas shall be considered incidental to and included in the contract price for "Dredging with Beach Disposal" as listed in the Bid Schedule.

(End of Clause)

1.14 FINAL EXAMINATION AND ACCEPTANCE OF BEACH FILL

(a) After the completion of each continuous 500-foot length of beach work or any remaining length less than 500 feet which would complete the entire work and in the opinion of the Contracting Officer or his/her designated representative will not be subject to damage by further operations under the contract, the Contracting Officer or his/her designated representative shall thoroughly examine the work by comparing the Postplacement surveys with the design section. Should this examination disclose deficiencies of material in the design section, the Contractor shall be required to place additional material at the contract unit price until the fill requirements are met, or if examination shows material has been deposited elsewhere than in places designated or approved by the Contracting Officer or his/her designated representative, the Contractor may be required to remove such misplaced material and deposit where directed at his expense. The Contracting Officer or his/her designated representative shall be notified when soundings and/or surveys are to be made and will be permitted to accompany the survey party. When the beach fill area is found to be in a satisfactory condition, it will be accepted finally.

SECTION 01 10 00.10 38 Page 11

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

(End of Clause)

1.15 ACCOMMODATIONS AND MEALS FOR INSPECTORS

(a) The Contractor shall furnish regularly to inspectors, for office purposes and sleeping purposes, when applicable, a suitable separate room onboard the dredge or other craft upon which they are employed. If no suitable office space is available thereon, the Contractor shall furnish suitable alternate accommodations ashore at a location approved by the Contracting Officer or his/her designated representative and furnish suitable transportation between the alternate accommodations and the dredge or other craft upon which they are employed.

(b) If the Contractor maintains an establishment for the subsistence of his own employees, he shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer or his/her designated representative. The meals furnished shall be paid for by the individual consuming the meal at a rate of: $5.00 Breakfast; $8.00 Lunch; $13.00 Dinner.

(End of Clause)

1.16 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

(a) In accordance with Contract Clause 52.219-9, Small Business Subcontracting Plan, and 52.219-16, Liquidated Damages - Subcontracting Plan, retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess liquidated damages in accordance with Clause 52.219-16 for the contractor's failure to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

(b) The retainage will be determined in accordance with the following formula:

Total dollar amount for subcontracting to small business multiplied by percentage of actual progress on the contract shall be withheld from the next progress payment due after the Contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percentage of actual progress.

(c) Subcontracting plans are not required--

(1) For contracts or contract modifications that will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; or

SECTION 01 10 00.10 38 Page 12

(2) For modifications to contracts that do not contain the clause 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L. 95-507 and which are within the scope of the contract.

(End of Clause)

1.17 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer or his/her designated representative shall be required to attend a preconstruction conference (after award of the contract but before Commencement of Work) and a post construction meeting (after final acceptance of the work but before final payment is made). The Contractor and identified Subcontractors shall meet with Corps of Engineers personnel at a time and place determined by the Contracting Officer or his/her designated representative.

(b) At the preconstruction conference, the Contractor shall be oriented with respect to Government procedures and line of authority in contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

(c) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

Certificate of Insurance Quality Control Plan (see Section 01 45 00.00 10 USACE QUALITY CONTROL, for additional information) Certificate of Completion of Corps CQC Course Preliminary Submittal Register (ENG Form 4288 exclusive of Contractor submittal dates) Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor, 52.236-6) List of Subcontractors

(d) The letter of record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer or his/her designated representative to all in attendance.

(End of Clause)

1.18 BULLETIN BOARD

Within one (1) calendar day after commencement of work under this contract, the Contractor shall provide at the job site a weatherproof, glass-covered bulletin board for displaying the Fair Employment poster, wage rates, posters and safety bulletins as noted in Section 01 35 26, paragraph DISPLAY OF SAFETY INFORMATION. The bulletin board shall be located in a conspicuous place, easily accessible to all employees, and legible copies of the aforementioned data shall be displayed until work under the contract is complete. No direct payment will be made for the bulletin board.

(End of Clause)

SECTION 01 10 00.10 38 Page 13

1.19 PLANT

(a) The Contractor agrees to keep on the job sufficient plant to meet the requirements of the work. The plant shall be in satisfactory operating condition, and capable of safely and efficiently performing the work as set forth in these specifications, and the plant shall be subject to inspection by the Contracting Officer or his/her designated representative at all times. The plant listed on the Plant and Equipment Schedule, Section 00 45 00, contract clause 52.0000-4036, is the minimum which the Contractor agrees to place on the job unless otherwise determined by the Contracting Officer or his/her designated representative, and its listing thereon is not to be construed as an agreement on the part of the Government that it is adequate for the performance of the work.

(b) Dredging seaward of the COLREGS Demarcation Line shall be by Ocean Certified hydraulic pipeline dredge.

(c) All pipelines for hydraulic machines must be kept in good condition at all times and any leaks or breaks along their length must be promptly repaired.

(d) No reduction in the capacity of the plant employed on the work shall be made except by written permission of the Contracting Officer or his/her designated representative. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply.

(End of Clause)

1.20 PLANT LOCATION

The Contractor's plant shall be arranged and located in areas approved by the Contracting Officer or his/her designated representative. This requirement includes the construction plant; offices; shop and storage buildings; housing facilities and all other equipment and materials needed to construct the project.

1.21 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and the Coast Guard governing lights and day signals to be displayed by towing vessels, tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipes or vessels involved in submarine or bank protection operations. The Contractor shall also be in accordance with those regulations governing lights to be displayed on dredge pipeline and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel and the passing by other vessels of floating plant working navigable channels, as approved by the Secretary of the Army and Commandant, U.S. Coast Guard.

(End of Clause)

1.22 WORK IN QUARANTINED AREA

USACE and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests

SECTION 01 10 00.10 38 Page 14 that may be present in the soil (USACE ER 1110-1-5 ). Major portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall thoroughly clean all construction equipment and tools at the previous job site in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment and hand tools used for this USACE contract shall be thoroughly cleaned by the Contractor before they are removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.23 NCDOT SPECIFICATIONS

The North Carolina Department of Transportation "Standard Specifications for Roads and Structures English," 2012, (hereinafter referred to as the Standard Specifications) applies to this work when so referenced.

1.24 DEFINITIONS FOR NCDOT SPECIFICATIONS

Wherever in the North Carolina Department of Transportation "Standard Specifications for Roads and Structures" or on the drawings the following terms are used, the intent shall be as indicated below unless otherwise modified within the specifications:

State - - - - - - - - - - - - - - - - - U. S. Government Department or Department of Transportation - - - - - - - - - - - Corps of Engineers Engineer or Chief Engineer- - - - - - - Contracting Officer, Corps of Engineers Materials and Test Unit - - - - - - - - Corps of Engineers Division of Highways- - - - - - - - - - Corps of Engineers Board or Board of Transportation- - - - Corps of Engineers

Where NCDOT materials and test unit requirements are referenced in these specifications, they shall be taken as such and not Corps of Engineers Standards unless otherwise stated.

(End of Clause)

1.25 IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer or his/her designated representative. All prescribed identification shall immediately be delivered to the Contracting Officer or his/her designated representative for cancellation upon the release of any employee. When required by the Contracting Officer or his/her designated representative the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

At least 10 days before mobilizing, the Contractor shall furnish the Contracting Officer or his/her designated representative, names, driver's

SECTION 01 10 00.10 38 Page 15 license, and vehicular tag numbers of each employee that will be working on this project. The Contractor shall require employees to display identification when requested.

If there are any changes in employees who are assigned to the work at any time after the information is submitted and prior to completion of work, the Contractor shall promptly furnish updated information to the Contracting Officer or his/her designated representative.

It will be the responsibility of the Contractor to take those measures which he/she deems necessary to protect his/her plant and personnel prior to beginning work.

(End of Clause)

1.26 PUBLIC CONVENIENCE AND SAFETY

(a) Roads to be closed. No road shall be closed to the public by the Contractor until construction of the new facilities infringe upon the public safety or until construction of the new facilities obliterate the existing facilities. The Contractor shall obtain Contracting Officer or his/her designated representative's approval before closing any roads.

Barricades, danger, warning and detour signs, as required, shall be erected before closing any roads.

(b) Storage of materials. Materials and equipment shall not be stored within roadway rights-of-way or in such a manner as to pose possible danger or obstruction to the traveling public.

(End of Clause)

1.27 LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from such hauling. The Contractor shall not operate equipment of such weight or so loaded as to cause damage to drainage structures or the roadway, or to any other type of improvement, either completed or under construction. Hauling of materials over the existing surface shall be limited as directed, and in no case shall legal load limits be exceeded unless permitted in writing. The Contractor shall repair, at his own expense, all damage to the work caused by his equipment.

(End of Clause)

1.28 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

The Contractor shall provide, erect, and maintain all necessary traffic control devices in substantial conformance to Part 6 of the 2023 "Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition" as published by the U.S. Department of Transportation, Federal Highway Administration, and available on the Internet at:

https://mutcd.fhwa.dot.gov/. This requirement shall include flagman as shown in the manual when necessary and the use of electric flashers as conditions of construction may require during hours of darkness. The Contractor shall take all necessary precautions for protection of the work and for the safety of the public at or near the site of construction.

Signing, barricades, lights, and other devices shall be well maintained

SECTION 01 10 00.10 38 Page 16 and repositioned or removed as the progress of the work requires. No substandard, poorly maintained device will be acceptable. Particular attention shall be given to the following:

(a) Removal of barricades and warning signs. As soon as construction advances to the extent that temporary barricades, and signs such as "Detour", "One Way Traffic," etc. are no longer needed to inform the traveling public, such signs shall be removed promptly.

(b) Replacement of signs. When new work is necessary during any period of construction or maintenance, necessary signs shall be replaced as are needed to adequately warn and protect the public in accordance with the provisions outlined above. As soon as the project has been accepted for maintenance, all temporary barricades and warning signs shall be removed promptly.

(c) Cost of protective devices. Unless otherwise shown in the Bidding Schedule, the cost of furnishing, erecting, maintaining, and removing protective devices will not be paid for as separate bid items.

Where the Contractor is required to perform any of these functions, the cost thereof shall be included in the overall bid submitted. Ownership of the temporary warning devices shall remain with the Contractor provided the devices are removed promptly after completion of the work as specified above. If such warning devices are left in place for more than 30 days after the specified time for removal, the Government shall have the right to remove such devices and to claim possession thereof.

(End of Clause)

1.29 CONTRACT AREA AND TRESPASSING

The Contractor shall not inflict damage upon land outside the contract area by unwarranted entry upon, passage through, or disposal of material on such land. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, lands or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer or his/her designated representative. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations.

(End of Clause)

1.30 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. Integral to the partnership would be a joint Contractor/Government effort to settle any disputes that may arise without costly and time consuming litigation. To that end, a non-binding procedure such as the Alternate Dispute Resolution process could be developed and agreed upon by both parties when it is determined to be necessary. This partnership would be bilateral in make-up and participation will be totally voluntary. Any cost associated with developing this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

SECTION 01 10 00.10 38 Page 17

(End of Clause)

1.31 ADVANCED NOTICE REQUIREMENT

The contractor shall provide the Contracting Officer no less than 15 days advanced written notice of the date it plans to arrive at each work area and any subsequent removilizations for any acceptance sections, if applicable, in order that before dredging surveys can be performed in advance of the Contracto's dredging operations

1.32 NOTICE TO MARINERS

(a) The Contractor shall coordinate Local Notice to Mariners with the U.S. Coast Guard, and provide dredging schedule and location by shoal/tangent/section by contacting USCG Section North Carolina Waterways Management.

(b) Should the Contractor, during dredging operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall notify the Coast Guard immediately as to the location of said object and any other information necessary for a Notice to Mariners. The Contractor shall provide copies of this information to the Contracting Officer or his/her designated representative.

USCG Sector North Carolina Waterways Management

(910) 772-2230 and (910) 343-3880

(End of Clause)

1.33 PROTECTION OF EXISTING FACILITIES

The Contractor will not be responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor shall protect all existing structures, including bridges, roadway embankments, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be reviewed and approved by the Contracting Officer or his/her designated representative prior to their alteration.

(End of Clause)

1.34 WATER CONSERVATION

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified. Water needed for compaction of materials, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer or his/her designated representative.

SECTION 01 10 00.10 38 Page 18

1.35 COORDINATION WITH OTHER CONTRACTORS

Other Contractors may be working in the vicinity during the time period of this contract. The Contractor shall coordinate the contract operations with other Contractors in the area as needed to avoid conflicts and delays. Any potential delays due to conflicts with other contractors shall be reported to the Contracting Officer or his/her designated representative immediately.

(End of Clause)

1.36 SEAGOING BARGE ACT

(1979 OCE)

The Seagoing Barge Act (46 U.S.C. et sq.) applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with the Act, the low bidder shall within ten (10) calendar days after bid opening submit a copy of said certificate to the Contracting Officer. Failure to produce the certificate within the required time shall subject the bidder to a determination of nonresponsibility.

(End of Clause)

1.37 CONTRACT DRAWINGS AND…

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