01 10 00-a Ed 26-028

Section Table of Contents

SECTION 01 10 00 - GENERAL PROVISIONS

1. DAMAGE TO WORK 1

2. SAFETY PROVISIONS 1

3. RIGHTS-OF-WAY 10

4. SEAWORTHINESS CERTIFICATION 11

5. ACCOMMODATIONS AND MEALS FOR INSPECTORS 11

6. ENVIRONMENTAL LITIGATION 12

7. UTILITIES AND IMPROVEMENTS 12

8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE 13

9. SIGNAL LIGHTS 14

10. STATE TAXES 14

11. FORMAT OF SURVEYS 15

12. ACCESS PLAN 16

13. SECURITY REQUIREMENTS 16

14. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS 17

15. CONTINUITY OF WORK 17

16. INSPECTION 18

17. SHOALING 18

18. FUEL CONSUMPTION REPORTING REQUIREMENTS 18

19. CONTRACT COORDINATION 19

20. CONTRACTOR’S RESPONSIBILITY 19

21. MOBILIZATION OF ATTENDANT PLANT 19

22. SUPERVISION 19

23. PRE-BID SITE VISIT 20

24. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION 20

25. REGULATORY REQUIREMENTS 20

26. DATUM RELATIONSHIPS 21

27. SEAGOING BARGE ACT 22

28. PROJECT SIGN 22

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SECTION 01 10 00 - GENERAL PROVISIONS

1. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the provision in Section 00 72 00 GENERAL CONDITIONS entitled PERMITS AND RESPONSIBILITIES (FAR 52.236-7). However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit price or job prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or job prices applicable to any part of such work, an equitable adjustment shall be made pursuant to the provision in Section 00 72 00 GENERAL CONDITIONS entitled CHANGES (FAR 52.243-4). Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

2. SAFETY PROVISIONS

The safety provisions as specified herein refer to the USACE Safety and Occupational Health Requirements EM 385-1-1 dated 15 March 2024. The most current edition can be found at:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

(a) Accident Investigation and Reporting. The reporting and associated investigation of accidents and near misses is considered a leading indicator. Utilize ENG Form 3394, U.S. Army Corps of Engineers Mishap Notification and Investigation, to report accidents and near misses. Link to ENG Form 3394:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerFor ms/Eng_Form_3394_2021Aug.pdf.

Contractors must investigate, analyze, and report all accidents and near misses occurring incidentally to an operation, project, or facility according to EM 385-1-1, Table 2-1 Accident Reporting Required Timeline.

(b) Accident Prevention Plan (APP). (See the provision in Section 00 72 00 -

GENERAL CONDITIONS entitled ACCIDENT PREVENTION (FAR 52.236-https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_3394_2021Aug.pdf https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_3394_2021Aug.pdf

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13).) Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, an electronic copy and one hard copy of the Accident Prevention Plan (APP) Worksheet (ENG FORM 6293) shall be submitted to the Contracting Officer for review and acceptance. Link to ENG form 6293 (APP):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_Aug%20 2024%20-%20FINAL.pdf

The Plan shall be prepared in the following format:

(1) Activity Hazard Analysis (AHA) Requirements. The contractor shall complete the Activity Hazard Analysis (AHA) Requirements on ENG form 6206 in accordance with EM 385-1-1, Chapter 2-6. Specific AHA requirements are identified in paragraph 6 of each chapter of EM 385- 1-1. Link to fillable ENG form 6206 (AHA form):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2 023Aug24.pdf

(2) The Contractor shall submit ENG Form 6282 (Site Safety and Health

Officer Designation Letter). A Designation Letter is required for all levels of onsite SSHOs. The Contractor shall maintain a copy of the accepted form at the site of work. Link to ENG form 6282:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2 023Aug28.pdf?ver=_1GgPT1ZS1AFX9P8AKU5og%3d%3d.

(3) Site Safety and Health Officer (SSHO). The Contractor must employ a minimum of one (1) Level 1 Full-time Site Safety and Health Officer to function as the primary Level 1 SSHO responsible for ensuring all site personnel are implementing Safety and Occupational Health requirements according to the contract, EM 385-1-1, applicable federal, state, and local requirements. A designated Level 1 SSHO must be at the site of work whenever work is performed. The SSHO shall meet the training and experience requirements of EM 385-1-1, Chapter 2-3.b. Level 1 SSHOs are not permitted to supervise non-safety personnel at the site of work.

(4) A copy of company policy statement regarding accident prevention.

(5) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be included on MVN Form 385-10R (Latest Edition), Fuel Oil Transfer (attached at the end of this section), (Refer to 33 CFR 156).

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_Aug%202024%20-%20FINAL.pdf https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_Aug%202024%20-%20FINAL.pdf https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug24.pdf https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug24.pdf https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug28.pdf?ver=_1GgPT1ZS1AFX9P8AKU5og%3d%3d https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug28.pdf?ver=_1GgPT1ZS1AFX9P8AKU5og%3d%3d

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(c) Commencement of Work. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the Accident Prevention Plan. The Contractor may submit its Accident Prevention Plan 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 EM 385-1-1, Chapter 2.

(d) Hazard Communication (HazCom) Program. The Contractor shall develop, implement, and maintain at the workplace a written, Hazard Communication Program (see EM 385-1-1, Chapter 6-7) that includes identification of potential hazards as prescribed in 29 CFR Part 1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Safety Data Sheets, and employee training program, and other criteria in accordance with 29 CFR Part

1910.1200 and/or 1926.59. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios or other means), and training in the use and understanding of safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous substances, as defined in 29 CFR 1910.1200 and/or 1926.59, onto the job site, a copy of the Hazard Communication Program and the Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made available to the Contractor's employees as part of its Accident Prevention Plan. A site map shall be attached to the inventory showing where the inventoried hazardous substances are stored. The inventory list and site map shall be updated monthly to ensure accuracy.

(e) Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site in accordance with Section 01 45 04.00 10, CONTRACTOR QUALITY CONTROL. The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

(1) Phase(s) of construction underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

(f) Safety Sign. The Contractor shall furnish, erect, and maintain a safety sign at the site where indicated by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing included at the end of this

01 10 00-4 Ed 26-028 section. The lettering shall be black, the safety circle and cross green, and the background white. When placed on a floating plant, the sign may be half size. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The sign coordinator is Timothy Lacoste@ 504.862.2663.

(g) Ground Fault Protection Equipment. Electrical equipment used during this contract shall be equipped with ground fault circuit interrupters in accordance with EM 385-1-1, Chapter 11-8.

(h) Means of Escape for Personnel Quartered, or Working on Floating

Plant. Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more people, both means of egress shall be through standard size doors opening to different exit routes. Where nine or fewer people are involved, one of the means of escape may be a window (minimum dimensions 24-inches by 36-inches), which leads to a different exit route. Refer to EM 385-1-1, Chapter 19-8.h.

(i) Emergency Alarms and Signals.

(1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck.

(2) Signals.

(a) Fire Alarm Signals. The general fire alarm signal shall be in accordance with 46 CFR Ch. I; Subpart E.109.503 of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Sub-Chapter I & Ia.

(b) Abandon Ship Signals. The signal for abandon ship shall be in accordance with paragraph 109.503(b) of the reference cited in subparagraph (2)(a) above.

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(c) Man-Overboard Signal. Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

(j) Hurricane Plan. A detailed plan for protection and evacuation of personnel and the construction site, in the event of an impending hurricane or storm, is required as an enclosure to the Contractor's Accident Prevention Plan. This plan shall be submitted to the Contracting Officer, or his/her representative, for review and approval prior to the preconstruction conference. Work being performed to satisfy the Hurricane Plan will not be measured for payment.

Payment for all work associated with the Hurricane Plan, and providing the equipment required for the duration specified, shall be distributed amongst the existing bid items. The Hurricane Plan shall include at least the following:

(1) The time each phase of the plan will be put in effect. The time shall be the number of hours remaining for the storm to reach the worksite if it continues at the predicted speed and direction.

(2) The estimated time necessary to secure and evacuate the site including any emergency flood protection.

(3) The safe harbor for personnel and plant specifically identified.

(4) The name of the boat which will be used to move the plant, its type, capacity, speed, and availability.

(5) The estimated time necessary to move the plant to the safe harbor after movement is started.

NOTE: Floating plant, boat, or other marine activities must submit an Emergency Plan for Marine Activities which includes a Severe Weather Plan for Marine Activities per EM 385-1-1, Chapters 19-7.a and 19-7.b.

(k) Hazardous Energy Control Program. The Contractor shall develop, implement, and maintain at the workplace, a written Hazardous Energy Control Program (HECP). Refer to EM 385-1-1, Chapter 12-7.

(l) Access/Haul Road Plan. A written Access/Haul Road Plan is required when access or haul roads are to be used. Work on the haul road must not commence until USACE supervisor/KO or COR has accepted the plan, refer to EM 385-1-1, Chapter 4-7.b.

(m) Cranes. The Contractor (including subcontractors) shall have cage boom guards, insulating links, or proximity warning devices on cranes that will be working adjacent to power lines. These devices shall not alter the requirements of any other regulation of this part - even if such device is required by law or other regulation. Insulating links shall be rated for the

01 10 00-6 Ed 26-028 energized lines they are working near (EM 385-1-1, Chapter 11- 8.t.6.d). Calibration records or stamped date of required manufacturer inspection of proximity warning devices shall be kept on the crane. Additionally, prior to any work commencing an Activity Hazard Analysis) identifying and satisfying EM 385-1-1, Chapter 2-6, requirements shall be submitted and accepted by the Contracting Officer.

(n) Crane/Derrick and Dragline Certification. The Contractor shall submit a copy of the certification and performance test in accordance with EM-385-1-1, Chapter 16-5.

(o) Emergency Drills. The Contractor shall conduct its drills in accordance with

EM 385-1-1, Chapter 19-8.b.

(p) Equipment Operator Authorization. The Contractor shall submit a list of designated personnel qualified and authorized to operate machinery and mechanized equipment in accordance with EM 385-1-1, Chapter 16-3.

(q) Dive Plan. The Contractor shall submit a Dive Plan in accordance with EM

385-1-1, Chapter 30-7.

(r) Radiation. If a production meter that uses nuclear materials is being used aboard the dredge, the Contractor shall perform following requirements. The production meter nuclear device system designer and installer shall be qualified in these fields of expertise by the Nuclear Regulatory Commission (NRC). The Contractor shall obtain licensing and training as required by the NRC for their personnel aboard the dredge for the use of those components of the production meter containing or are affected by the nuclear source. The Contractor shall implement A Nuclear Device Awareness Program as required by the NRC for all personnel aboard the dredge not directly involved in the activities of the nuclear device. The Contractor shall submit a Nuclear Device Safety Plan to the Government within 24 hours after receipt of Notice to Proceed by the Contractor. While a nuclear device is present aboard the dredge, the Contractor shall strictly adhere to all applicable NRC rules and regulations.

(s) Overhead Power Lines. In locations where trucks and other equipment will be passing beneath overhead power lines, the Contractor shall install at least 2 signs on either side of the crossings warning drivers of the overhead lines.

The signs shall face both directions of travel. The signs shall have arrows pointing upward and state “Overhead Electric”. The Contractor’s proposed sign design shall be submitted to the Contracting Officer for approval.

(t) Dredging Safety Management Program. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management

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Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP):

(1) Make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation,

(2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

(3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and

(4) Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

(u) SSHO Staffing for USACE Dredging Contracts

a. Dredging contracts may include several project sites; this contract will require a minimum of one (1) full time SSHO assigned per project site.

SSHO may be collateral duty in specific conditions listed below.

b. Example of one (1) dredging project site is reflected in each of the following:

1) A mechanical dredge, tug(s) and scow(s), scow route, and material placement site; or

2) A hydraulic pipeline dredge, attendant plant, and material placement site; or,

3) A hopper dredge (include land-base material placement site – if applicable.)

c. On individual dredging project sites with work force less than eight (8) employees, the SSHO may be a collateral duty, with the same responsibilities of a full time SSHO.

d. Hopper dredges with USCG – Documented crews may designate an officer as collateral – duty SSHO instead of having a full-time SSHO if the officer meets the SSHO training and experience requirements.

(v) SSHO Requirements for Dredging

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a. In addition to requirements stated elsewhere in this specification, the SSHO shall be present at the project site, and shall be located so they have full mobility and reasonable access to all major work operations, for at least one (1) shift in each 24 hour period when work is being done. The SSHO, or Alternate SSHO, shall be available during all shifts for immediate verbal consultation and notification, either by phone or radio.

The SSHO shall be a full-time, dedicated position, except as noted above.

The SSHO shall report to a senior project (or corporate) officials.

b. The SSHO shall inspect all work areas and operations during initial set-up and at least monthly observe and provide personal oversight on each shift during dredging operations for projects with many work sites, more often for those with less work sites.

c. For projects with multiple shifts or when SSHO is temporarily off-site, an Alternate SSHO will be assigned to insure SSHO coverage for the project at all times work activities are conducted. The Alternate SSHO must meet the same requirements and assume the responsibilities of the project SSHO. The Alternate SSHO position may be a collateral duty.

d. If the SSHO is off-site for a period longer than 24 hours, a qualified replacement SSHO shall be provided and shall fulfill the same roles and responsibilities as the primary/initial SSHO.

(w) Designated Representative (DR) Requirements for Dredging

a. Designated Representatives (DR) are collateral duty safety personnel, with safety duties in addition to their full-time occupation, and support and supplement the SSHO efforts in managing, implementing and enforcing the Contractor’s Safety and Health Program. DRs shall be individual (s) with work oversight responsibilities, such as masters, mates, fill foremen, and superintendents. DRs should not be positions requiring continuous mechanical or equipment operations, such as equipment operators.

b. A DR shall be appointed for all remote work locations more than 45 minutes travel time from the SSHO’s duty location, typically including dredged material placement sites, towing and scow operations, and other operations.

c. The DRs will perform safety program tasks as designated by the SSHO and report safety findings to the SSHO/Alternate SSHO. The SSHO shall document results of safety findings and provide information for inclusion in the CQC reports to the Government Representative.

(x) Safety Personnel Training Requirements for Dredging

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a. The SSHO, Alternate SSHO, and Designated Representatives for dredging contracts shall take either the OSHA 30-hour Construction Safety Course or an equivalent 30 hours of formal safety and health training covering the subjects of the OSHA 30-hour Course (see EM 385- 1-1, Section 01.A.17) applicable to dredging work and given by qualified instructors.

(1) The 30-hour OSHA Construction Industry safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone) or

(2) The 30-hour OSHA Construction safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat/phone) or

(3) As an equivalent formal construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 (see Appendix A, Paragraph 3.d(3)) applicable to the work to be performed and given by qualified instructors - may be web-base training if the student is able to directly ask questions of the instructor by chat/phone). The local SOHO having jurisdiction over the work shall evaluate the proposed equivalent training for applicability to the contract work to be performed.

(4) SSHO shall maintain competency through having taken 8 hours of documented formal, on-line, or self-study safety and health related coursework every year. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, attendance/participation in professional societies/meetings, etc.

b. The SSHO, Alternate SSHO, and Designated Representatives shall have a minimum of three (3) years continuous experience within the past five (5) years in supervising/managing dredging, marine or land-based construction, work managing safety programs or processes, or conducting hazard analyses and developing controls in activities or environments with similar hazards. This is in lieu of the construction experience required by paragraph 01.A.17, EM 385-1-1

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3. RIGHTS-OF-WAY

a. The rights of entry required for the work to be constructed under this contract, within the rights-of-way limits indicated on the drawings, have been obtained by the Government and are provided without cost to the Contractor. The Contractor shall make its own investigations to determine the conditions, restrictions, and difficulties that may be encountered in the transportation of equipment and material to and from the work site. The proposed work, including rights-of-way, as defined by these specifications and as shown on the drawings, is in compliance with all applicable Federal and state environmental laws and regulations. Upon completion of the Contractor’s work, rights-of-way furnished by the Government shall be returned to its original condition prior to construction unless otherwise noted.

b. If the Contractor proposes a deviation from the Government furnished rights-of-way for his convenience, the Contractor shall notify the Contracting Officer or its representative in writing. Contractor shall not provide any permanent rights-of-way for the project. The Contractor is cautioned that any deviation to the Government furnished rights-of-way is subject to all applicable Federal and state environmental laws and regulations. Compliance with these environmental laws and regulations may require additional National Environmental Policy Act (NEPA) documents, cultural resources surveys, coordination with the Louisiana State Historical Preservation Officer, water quality certification, modification of the Federal consistency determination, etc. The Government is ultimately responsible for environmental compliance; therefore, the Government will determine the additional environmental coordination and documentation necessary for a proposed deviation to the Government furnished rights-of-way.

For any environmental investigations the Government is to perform on areas outside of Government furnished rights-of-way, the Contractor shall provide sufficient rights of entry to the Government. The Contracting Officer will advise the Contractor of the additional environmental coordination and documentation that must be completed. The Government shall be responsible for any additional environmental compliance; however, the Contractor may conduct specific tasks identified by the Government. The Government will offer advice and assistance to the Contractor in conducting these tasks. Depending on the environmental impact of the proposed deviation, obtaining the coordination and documentation may not be approved or could take as much as 180 days for approval by the Government. The Government must review, approve and ensure distribution of all environmental compliance documentation and ensure all comments on the same have been resolved before any utilization of any areas outside of the Government furnished rights-of-way. The Contractor shall reimburse the Government for actual expenses incurred for assistance in completing or attempting to complete additional environmental coordination and documentation, which expenses will not exceed one hundred thousand ($100,000.00) dollars. There is no guarantee that environmental compliance will be obtained; therefore, the Contractor shall assume all risks and liabilities

01 10 00-11 Ed 26-028 associated with pursuing a deviation. Any delays resulting from the deviation and/or the environmental coordination and documentation shall not be made the basis of any Contractor claim for increase in the contract cost and/or increase in contract time. Deviations will be at Contractor’s sole risk and liability, including, but not limited to, such liabilities associated with items such as hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et. seq.), and at no cost to the Government. Government assistance in obtaining additional environmental clearances does not relieve the Contractor of responsibility for complying with other Federal, state or local licenses and permits.

4. SEAWORTHINESS CERTIFICATION

EM 385-1-1, Chapter 19-5. All dredges and quarter boats not subject to USCG inspection and certification or not having a current American Bureau of Shipping (ABS) classification shall be inspected in the working mode annually by a marine surveyor accredited by the National Association of Marine Surveyors (NAMS) or Society of Accredited Marine Surveyors (SAMS) and having at least five (5) years’ experience in commercial marine plant and equipment. All other plant shall be inspected annually by a qualified person. The inspection shall be documented, and a copy of the most recent inspection report shall be posted in a public area on board the vessel and a copy shall be furnished to the designated authority upon request. The inspection shall be appropriate for the intended use of the plant and shall, as a minimum, evaluate structural integrity and compliance with NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft.

5. ACCOMMODATIONS AND MEALS FOR INSPECTORS

(a) The Contractor shall furnish regularly to inspectors on board the dredge or other craft upon which they are employed a suitable separate room approximately 150 square feet in size for a Corps of Engineers field office. The room shall be fully equipped and maintained to the satisfaction of the Contracting Officer; it shall be properly heated, ventilated, air conditioned, and lighted, shall have sufficient electrical outlets with power surge protection to power a laptop computer and printer, shall have a desk which can be locked, and a drafting table measuring at least four (4) feet by six (6) feet, a comfortable chair for each inspector, washing conveniences and daily janitorial services. This will not be a separate cost and will be included in the price of dredging. Should the Contractor have a photocopy machine on the jobsite, the Contractor may allow the use of his own in lieu of providing a separate machine for use by the Government inspector. The entire cost to the contractor for furnishing, equipping, and maintaining the foregoing accommodations, shall be distributed amongst the existing bid items. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the Contracting Officer, and the cost thereof will be deducted from payments to the Contractor.

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(b) If the Contractor maintains on this work an establishment for the subsistence of his/her own employees, he/she 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 quality satisfactory to the Contracting Officer. All meals shall be available for purchase, by the Government's inspectors and agents, at the cost not to exceed $3.50 (as of 1-1-2026) per person for each meal.

(c) See Section 35 20 23.00 12 DREDGING, paragraph “Cellular Telephone and Internet” for cellular wireless broadband service requirements.

6. ENVIRONMENTAL LITIGATION

(a) The term "environmental litigation", as used herein, means a lawsuit alleging that the work has 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.

(b) 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 above, 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 this contract. If 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 this contract, such suspension, delay, or interruption shall be as if ordered by the provision in Section 00 72 00 GENERAL CONDITIONS entitled SUSPENSION OF WORK (FAR 52.242-14). 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.

7. UTILITIES AND IMPROVEMENTS

(a) All known utilities within the limits of the work, such as pipes, communication lines, power lines, etc., that would interfere with construction work will be removed, modified or relocated by local interests or utility companies at no cost to the Contractor unless otherwise noted in the plans and/or specifications. The Contractor, however, shall cooperate with the authorities or company representatives and shall conduct his/her operations in such manner as to result in a minimum of inconveniences to the owners of said utilities. The Contractor shall notify each utility owner by certified mail 45 days, 15 days, and again 72 hours prior to the date utilities must be moved and provide a copy of these notifications to the Contracting Officer.

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(b) Any unidentified pipes or structures which may be found within the limits of the work during the course of construction shall not be disturbed nor shall construction or excavation be performed at these locations unless and until approved by the Contracting Officer.

8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This clause does not apply to terminations.

(b) Allowable costs 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 Engineering Pamphlet (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. EP 1110-1-8 can be found at www.nww.usace.army.mil/missions/cost-engineering/ep1110-1-8/.

(c) Equipment rental costs are allowable, subject to the provisions of RFO 31.105(d)(2) (ii) and RFO 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 simplified acquisition threshold (SAT), the Contracting Officer will 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.

http://www.nww.usace.army.mil/missions/cost-engineering/ep1110-1-8/

01 10 00-14 Ed 26-028

9. SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his/her operations in accordance with U. S. Coast Guard regulations governing lights and day signals to be displayed, as set forth in Commandant, U. S. Coast Guard Instruction M16672.2C, Navigation Rules, International - Inland (COMDTINST M16672); 33 CFR 81, Appendix A (International); and 33 CFR 84 through 33 CFR 90 (Inland) as applicable.

10. STATE TAXES

(a) The bid submitted in response to this Invitation shall not include any amount whatever for payment of any of the following taxes, fees or charges:

(1) The Louisiana "Severance Tax" imposed by LSA R.S. 47:631 and 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 amounts 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 paragraphs a(1) and/or a(2) above, the contract prices shall be increased by the amount which the Contractor is required to pay to the State of Louisiana; provided, however, that no increase in contract price shall be made for any liability the Contractor may incur as a result of his/her fault or negligence or his/her failure to follow the instructions of the Contracting Officer (CO).

(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.

(d) Before any increase in contract price becomes effective in accordance with the provisions of this clause, the Contractor shall warrant in writing that no amount of such taxes, fees, or charges was included in the contract price as a contingency reserve or otherwise.

(e) In addition to the costs allowed by subparagraph b, the Contracting Officer may also allow an increase in contract price for costs or expenses which accrue to the Contractor as a result of any directions or instructions received from the

CO.

01 10 00-15 Ed 26-028

11. FORMAT OF SURVEYS

a. The Contractor shall submit compliance surveys upon completion of certain construction activities. The survey shall be collected in accordance with the “USACE New Orleans District Minimum Survey Standards” and delivered in USACE EM Format as described in “Engineering Manual File Format Specifications”. Links to these documents are shown below:

http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingG uidelines.aspx http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_For mat15.pdf

b. Each surveyed point should be listed on a separate line as a comma-delimited list of the following:

(1) Point ID, northing, easting, elevation, code

(2) Surveyed points that are part of a profile shall be grouped under the appropriate #P01 record for that profile.

(3) Surveyed points that are part of a cross-section shall be grouped under the appropriate #X01 record for that cross-section.

(4) All other points shall be grouped under the appropriate #M01 record.

c. Each Project Control Point (PCP) shall be included as #V/#T records with the surveyed elevation #V/T06, and vertical datum and epoch information. Absolute vertical and horizontal accuracies shall be shown in the #H03 and #H17 records.

The USACE Survey Drivers shall be used to check for proper formatting.

http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACE SurveyDrivers.aspx

d. A survey report shall be submitted which includes a brief synopsis of the survey methodology (traverse run, level loops, GPS). Copies of all supporting field books shall be signed and sealed by a Licensed Surveyor registered in the state in which the work is being performed. If static GPS is collected, minimally and fully constrained GPS adjustment reports must be submitted as well as any other notes, reports, raw data, and supporting documentation.

e. All surveys shall adhere to the requirements of the “USACE New Orleans District Minimum Survey Standards” and be performed by a licensed surveyor registered in the state in which the work is being performed. The point of contact for survey information is Dwayne Blanchard @ 504.862.1589.

http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingGuidelines.aspx http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingGuidelines.aspx http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_Format15.pdf http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_Format15.pdf http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACESurveyDrivers.aspx http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACESurveyDrivers.aspx

01 10 00-16 Ed 26-028

12. ACCESS PLAN

The Contractor shall submit an Access Plan to be reviewed and approved by the Contracting Officer to include, as a minimum, the following:

(a) Layout drawings showing the location of all equipment, office structures, toilets, and storage areas for materials.

(b) Show mobilization and demobilization routing and locations of large equipment, such as draglines, cranes, etc. while on the jobsite.

(c) Show waterway channels or canals used to mobilize and demobilize equipment and materials and show access routes and docking areas of all marine equipment with respect to the jobsite.

(d) Airboats and small outboards shall be used whenever practical to reduce the usage of marsh buggies. Existing trails and canals shall be utilized whenever possible. Marsh buggy use shall be limited to the construction limits of the project features.

13. SECURITY REQUIREMENTS

a. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See

Something, Say Something). All contract personnel shall receive initial and annual refresher training 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. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The results of this training shall be reported to the COR within 5 calendar days after the completion of the training.

The Contractor will not have access to the CORPS network. This is an unclassified contract, and the Contractor will not have access to critical information. The Contractor and all associated sub-contractors shall receive locally developed training provided by the New Orleans District Security Office on the Local Suspicious Activity Reporting Program. This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity relating to the project manager, security representative or law enforcement entity. The Contractor shall provide local background checks to New Orleans District Security Office before performing work. Point of contact is Benjamin Delatte, 504-862-1532 or Joseph Ricchiazzi, 504.862.2953. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new

01 10 00-17 Ed 26-028 employees commencing performance. The results of this training shall be reported to the COR within 5 calendar days after the completion of the training.

b. Pre-Screen Candidates Using E-Verify Program. The Contractors shall comply with the requirements set forth in Section 00 72 00 GENERAL PROVISIONS entitled EMPLOYMENT ELIGIBILITY VERIFICATION (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. Contractor shall pre-screen Candidates using the E-verify Program (https://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor shall ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates shall be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals shall complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. The completed Form I-9 shall be provided to the Contracting Officer and shall become part of the official contract file.

14. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

The Contractor shall coordinate their staging operations, access routes, and construction requirements with any Contractor currently performing work in the general vicinity. Any disputes or disagreements arising from area use shall be brought to the attention of the Contracting Officer, who will then make a determination for operational procedures. Determinations made by the Contracting Officer shall be binding on all parties concerned.

15. CONTINUITY OF WORK

No payment will be made for work done in any area designated by the Contracting Officer until the full dimensions required under the contract are secured in the whole of such area, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full dimensions have been secured except by decision https://www.uscis.gov/e-verify

01 10 00-18 Ed 26-028 of the Contracting Officer. Should any such non-adjacent area be excavated to full dimensions during the operations carried on under the contract, payment for all work therein may be deferred until the required dimensions have been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed.

16. INSPECTION

(a) The presence of the Inspector shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall furnish on the request of the Contracting Officer or any inspector:

(1) The use of such boats, boatmen, laborers and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

(2) Suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the disposal areas.

(b) When the Contractor elects not to work on weekends, holidays or nights, notice shall be given to the Contracting Officer at least 24 hours in advance thereof. Adequate lighting for thorough inspection of night operations shall be provided by the Contractor at his/her expense.

(c) 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 due or to become due to the Contractor.

17. SHOALING

If, before the contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, re-dredging at contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

18. FUEL CONSUMPTION REPORTING REQUIREMENTS

On the first day of each month, the Contractor shall furnish, to the Government Inspector, a report of the quantities of fuel consumed during the previous month in execution of the work covered by the contract. The quantities reported shall include fuel consumed by the Contractor and all of his/her subcontractors for the main plant

01 10 00-19 Ed 26-028 and all support plant during the preceding month. This information may be consolidated and shall be included in the Report of Operations-Pipelines, Dipper or Bucket Dredges, ENG Form 4267; or in the Report of Operations-Hopper Dredges, ENG Form No. 27A (costs), as applicable.

19. CONTRACT COORDINATION

The Contractor shall assist the Government with available on-site plant and manpower in monitoring the water quality aspects of the dredging and disposal operations. This assistance shall consist of, but not be limited to, furnishing boat transportation, temporary storage of samples, etc.

20. CONTRACTOR’S RESPONSIBILITY

The Contractor shall be responsible for ensuring that all its employees strictly comply with all laws that may apply to operations under this contract. The Contractor assumes full responsibility for the safety of its employees, plant, and materials and for any damage or injury done by or to them from any source or cause, except damage caused by acts of the Government, its officers, agents or employees. Such damages will be the responsibility of the Government in accordance with applicable Federal laws. The terms “officer”, “agent”, and “employee” of the Government do not include persons in the employment of the Contractor and whose services have been furnished to the Government.

21. MOBILIZATION OF ATTENDANT PLANT

Pursuant to the Contract provision in Section 00 72 00 entitled, COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK, mobilization of all attendant plant, if required, shall be concurrent with dredge mobilization. Failure to timely mobilize such auxiliary/attendant plant may result in one (1) or more of the following actions by the Contracting Officer: reasonable suspension (without Government cost) of work until required plant is provided; formulation of credit to offset deficient plant; imposition of liquidated damages for late overall completion of the contract after excusable delays, if any. The Government's rights under any other Contract provision are preserved.

22. SUPERVISION

At all times during performance of this contract and until the work is completed and accepted by the Government, the Contractor shall have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. Inspectors appointed by the Contracting Officer will enforce strict compliance with the terms of the contract. The inspectors will keep a record of the

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