Attachment 0001 - Specs CDF-H.pdf

PTC-i ED 23-022

PROJECT TABLE OF CONTENTS

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 16.00 20 Construction Progress Schedules 01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.01 12 Environmental Protection 01 78 02.00 10 Closeout Submittals

Division 02 - EXISTING CONDITIONS

02 21 10.00 12 Surveys

Division 05 - METALS

05 50 13 Miscellaneous Metal Fabrications

Division 09 - FINISHES

09 97 02.01 12 Painting: Coal Tar Epoxy System

Division 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 20 Excavation 31 24 00.00 12 Embankment

Division 33 - UTILITIES

33 40 00 Steel Culvert Installation

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Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 1

2. DAMAGE TO WORK 2

3. SAFETY PROVISIONS 2

4. INSPECTION 10

5 ACCOMMODATIONS AND MEALS FOR INSPECTORS 10

6. PROJECT SIGN 11

7. SEAWORTHINESS CERTIFICATION 12

8. CERTIFICATES OF COMPLIANCE 12

9. ENVIRONMENTAL LITIGATION 12

10. RIGHTS-OF-WAY 13

11. CONTRACTOR’S RESPONSIBILITY 14

12. ACCESS PLAN 14

13. SUPERVISION 15

14. PRE-BID SITE VISIT 15

15. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS 15

16. SECURITY REQUIREMENTS 16

17. REGULATORY REQUIREMENTS 16

18. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION 17

19. SIGNAL LIGHTS 17

20. UTILITIES AND IMPROVEMENTS 17

21. PROJECT BENCHMARKS 18

22. RADIO AND TELEPHONE COMMUNICATIONS 18

23. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE 19

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SECTION 01100 - GENERAL PROVISIONS

1. 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 in Section 00700, entitled Default (Fixed Price Construction) (FAR 52.249-10). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

(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 National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all-weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON (5) DAY WORK WEEK

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will 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 paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a

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modification in accordance with the Contract Clause in Section 00700, entitled Default (Fixed Price Construction) (FAR 52.236-7).

2. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause in Section 00700 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 lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment shall be made pursuant to the Contract Clause in Section 00700 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.

3. 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/EngineerForms/ 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 Contract Clause in Section 00700, entitled ACCIDENT PREVENTION (FAR 52.236-13).) Within 15 days after 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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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/LinkClick.aspx?fileticket=LmW_eJDoLpI %3d& tabid=16438&portalid=76&mid=43543

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_202 3Aug24.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_202 3Aug28.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 385-10 (Latest Edition), Fuel Oil Transfer (attached at the end of this section), (Refer to

33 CFR 156).

(c) Commencement of Work. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=LmW_eJDoLpI%3d&%20tabid=16438&portalid=76&mid=43543 https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=LmW_eJDoLpI%3d&%20tabid=16438&portalid=76&mid=43543 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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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 assure 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 jobsite 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 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

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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 on 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 persons, both means of egress shall be through standard size doors opening to different exit routes.

Where nine or fewer persons 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.

(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

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shall be submitted to the Contracting Officer, or his/her representative, for review and approval prior to the preconstruction conference.

An extra copy of the plan shall be submitted to the government for US Coast Guard review.

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) Emergency Drills. The Contractor shall conduct its drills in accordance with EM 385-1-1, Chapter 19-8.b.

(m) 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.

(n) Dive Plan. The Contractor shall submit a Dive Plan in accordance with EM 385-1-1, Chapter 30-7.

(o) Radiation. If a production meter that uses nuclear materials is being used aboard the dredge, the Contractor shall perform following requirements. The

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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.

(p) 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 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.

(q) SSHO Staffing

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, 01100-8 ED 23-022

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.

(r) SSHO Requirements

a. In addition to requirements stated elsewhere in this specification, the Level 1 SSHO shall be present at the project site whenever work is being performed, 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) official.

b. The SSHO shall inspect all work areas and operations during initial setup 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.

(s) Designated Representative (DR) Requirements

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, 01100-9 ED 23-022 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 shall 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.

(t) Safety Personnel Training Requirements

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, Chapter 2-3) 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). This class must have been taken within the past three (3) years; 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). This class must have been taken within the past three

(3) years; 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 (Chapter 2-3) applicable to the work to be performed and given by qualified instructors - may be web-based training if the student is able to directly ask questions of the instructor by chat/phone). This class must have been taken within the past three (3) years.

(4) The 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.

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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.

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

4. 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:

Suitable boat transportation from a shore location, designated by the Contracting Officer, to and from the from the project area.

(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.

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 and sleeping purposes. 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

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services. If the dredge does not have suitable sleeping quarters, the contractor may elect to obtain a suitable sleeping facility on shore, such as hotel, motel, etc.

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.

(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 $3.25 per person for each meal.

(c) Cellular Telephone and Internet for Cellular Wireless Broadband Service requirements:

The Contractor shall provide at least one (1) cellular telephone aboard the dredge. Cellular phone service shall be available to Government personnel for conducting official Government business 24 hours per day, seven (7) days per week. In the event that more than one (1) dredge is assigned to contract, there must be one (1) cellular phone per dredge. The Contractor shall also provide high speed Internet service and associated equipment must be capable of providing adequate connection to allow the inspectors to import/export files through RMS (shall provide a minimum download speed of 10 MBps and a minimum upload speed of 1.5 MBps for the sole use of the Inspector). The Contractor must field verify that the service provider chosen has adequate continuous coverage at the construction site. The Contractor shall be responsible for the installation, maintenance of and the monthly service fees necessary to provide continuous cellular telephone and high-speed Internet service for the duration of the contract. Final approval of the plant will not be made until the equipment is installed and in good working order.

6. PROJECT SIGN

Prior to commencement of work, the Contractor shall construct a project sign at the site of the work at a location directed by the Contracting Officer. The sign, which will identify the work with the Corps of Engineers shall be four (4) feet by six (6) feet in size and shall conform to the requirements of the PROJECT SIGN drawing and installation instructions attached at the end of this section. The lettering for the two

(2) feet by four (4) feet section of the sign with the Corps logo shall be white; all other lettering shall be black. Lettering for the project name shall be Helvetica Bold, all

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other lettering shall be Helvetica Regular. The sign coordinator is Timothy Lacoste @

504.862.2663. No separate payment will be made for construction and erection of the project sign and all costs in connection therewith will be considered an incidental obligation of the Contractor. 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 the work. Upon completion of the work, the sign shall become the property of the Contractor and shall be removed from the job site.

7. SEAWORTHINESS CERTIFICATION

EM 385-1-1, Section 19.A.01.b. 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.

8. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on 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 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 specified requirements.

9. ENVIRONMENTAL LITIGATION

(a) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier and 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

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contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer under the Contract Clause in Section 00700 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.

(b) 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.

10. 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 which 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

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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 calendar 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.) dollars. There is no guarantee that environmental compliance will be obtained; therefore, the Contractor shall assume all risks and liabilities 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.

11. 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.

12. ACCESS PLAN

Access to the project site at CDF-H shall be accessed via the Calcasieu River Ship Channel into each site. The Contractor shall submit an access plan to be reviewed and approved by the Contracting Officer to include, as a minimum, the following:

(a) The required work to provide suitable access to each site.

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

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(c) Show mobilization and demobilization routing and locations of large equipment while on the jobsite.

(d) 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.

(e) If floatation is required, and permitted, the access plan shall include a layout of the location(s) where floatation excavation and stockpiling is intended. The plan shall show all depth elevations, stockpiling heights, and the intended method for excavation including the equipment to be used.

(f) If required, fill material for access roads or ramps may be obtained from within the borrow area limits shown on the contract drawings.

(g) Any designated barge onload/offload facilities shall be licensed, permitted facilities approved to accept and stockpile bulk fill material. Any proposed onload/offload sites that are not licensed, permitted facilities approved to accept and stockpile bulk fill material may require additional National Environmental Policy Act documentation and/or USACE Regulatory permit issuance.

13. 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 work done, but neither the presence nor absence of inspectors shall relieve the Contractor of responsibility for the proper execution of the work in accordance with the contract and directives issued by the Contracting Officer.

14. PRE-BID SITE VISIT

Prior to the submission of any bids, all bidders are highly encouraged to visit the project site location to become familiar with the project requirements. Failure to visit the project site will not disqualify a bid; however, the bidder is required to comply with the terms and conditions of any resultant contract by reason of such failure. In no event will a failure to inspect the site constitute grounds for a claim after contract award.

15. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

The Contractor shall coordinate his/her operations, through the Contracting Officer's Representative, with any other Government Contractors who may be working in the vicinity. The contractor shall coordinate his staging operations, access routes, and

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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.

16. SECURITY REQUIREMENTS

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

(b) Pre-Screen Candidates Using E-Verify Program. The Contractor shall prescreen 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.

17. REGULATORY REQUIREMENTS

In addition to the detailed requirements included in the provisions of this contract and the requirements as defined within USACE EM 385-1-1, the Contractor shall comply with all pertinent federal, state, and local laws, ordinances, criteria, rules, and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations and referenced documents vary, the most stringent requirements shall apply.

https://www.uscis.gov/e-verify https://www.uscis.gov/e-verify

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18. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. The ACO is the point of contact for CPARS reporting under this contract. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days.

Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor

19. 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.

20. UTILITIES AND IMPROVEMENTS

(a) A 36-inch brine pipeline from the Department of Entergy is known to exist within the proposed project footprint area, as indicated on the contract drawings.

(b) Unidentified Pipelines, Structures, or Utilities. 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. Payment for ordered excavation, if any, will be made in accordance with the Contract Clause in Section 0700, entitled "Differing Site Conditions" (FAR 52.236.2).

(c) Contractor shall be responsible for contacting Louisiana One Call prior to mobilization at either 811 or 800-272-3020.

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21. PROJECT BENCHMARKS

a. Benchmark and Project Temporary Benchmarks (TBM). To ensure local/internal consistency, the contractor shall verify all project benchmarks using differential leveling in accordance with Section D of the "USACE New Orleans District Guide for Minimum Survey Standards". The differential levels must be to Second Order Class II closure standards, as defined in Appendix 4 of the afore mentioned Survey Standards, and as follows: closure error (in feet) must be less than or equal to 0.035 x square root (distance in miles). Ties between the three "project controls" identified on the drawings and the contractor utilized temporary benchmarks shall be performed at least every six (6) months using differential leveling. Field notes showing all data and the closure error shall be provided to the government. Field records of these survey verifications shall be submitted in a survey report, which shall be updated with each periodic verification. The benchmark verification survey shall be performed and report signed and sealed by a Licensed Surveyor.

b. Records. Field records of these benchmark verifications shall be submitted to the Contracting Officer's Representative in electronic format via CD, DVD, or portable hard drive within seven (7) days of the completion of the benchmark verification. The Contracting Officer's Representative shall be notified immediately if any errors or inconsistencies in the benchmark verifications are found. Field records of the first benchmark verification must be received within 14 days of notice to proceed.

22. RADIO AND TELEPHONE COMMUNICATIONS

The Contractor shall furnish and maintain the following radio and telephone equipment throughout the period of the contract. Final approval of the plant will not be made until this equipment is installed and in good working order:

a. Maritime Radio Transceiver. The Contractor shall furnish and maintain throughout the contract, one FM ship's radio transceiver with power not in excess of 25 watts, and at least 15 watts output on the maritime frequencies of 156.800 (Channel 16) and 156.375 (Channel 67) MHz 16F3 emission, with a tolerance of plus or minus 5 kHz deviation at 100 percent modulation for communication concerning navigation in the vicinity of the floating plant. The radio shall be operated in accordance with FCC rules and regulations.

b. Radio Equipment for Additional Floating Plant. In the event that the Contractor should have two (2) plants operating simultaneously under this contract, the above-specified radio equipment shall be furnished and maintained on both floating plants. The radio transceivers provided for hereinabove shall be continuously monitored by qualified Contractor persons operating the floating plants.

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c. Cellular Telephone and Internet. The Contractor shall provide Internet service and associated equipment capable of providing adequate connection to allow the inspectors to import / export files…