AdvSpecs_MHCRangeA_B.pdf

RFP No. GROUP4-10-R-W010

Maintenance Dredging Morehead City Harbor Range A & Range B Carteret County, North Carolina

*IMPORTANT: THIS CONTRACT MUST COMPLY

WITH THE 2014 EDITION OF THE EM 385-1-1:

This project was designed by the Wilmington District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

Specifications

February 2016

SECTION 00010

LINE ITEMS AND PRICING SCHEDULE

MAINTENANCE DREDGING

MOREHEAD CITY HARBOR, RANGE A AND B

CARTERET COUNTY, NORTH CAROLINA

BID SCHEDULE

Line Description Qty Unit Unit Price Total Item

0001 Mobilization and 1 Job $________ $____________

Demobilization

0002 Dredging, Range A 490,000 Cubic Yards $________ $_____________

0003 Dredging, Range B 175,000 Cubic Yards $_________ $____________

0004 Performance and 1 Job $_________ $____________ Payment Bonds

OPTION 1

0005 Non-Capture Trawl 75 Days (NTE) $_________ $____________

Sweeping (12 Hour Days)

(A 24 hour per day dredging operation will require two 12-hour trawling days every 24 hours.)

TOTAL AMOUNT OF LINE ITEMS 0001-0004 $______________________

TOTAL AMOUNT OF LINE ITEM 0005 $______________________

TOTAL AMOUNT OF LINE ITEMS 0001-0005 $______________________

NOTE 1: OFFERORS MUST PROVIDE PRICING FOR ALL ITEMS

NOTE 2: ALL QUANTITIES ARE ESTIMATED

NOTE 3: EXCEPT WHEN IT IS DETERMINED IN ACCORDANCE WITH FAR 17.206(B) NOT TO

BE IN THE GOVERNMENT’S BEST INTERESTS, THE GOVERNMENT WILL EVALUATE BIDS

FOR AWARD PURPOSES, BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL

PRICE FOR THE BASIC REQUIREMENT. THE EVALUATION OF OPTIONS WILL NOT

OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION.

NOTE 4: THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL BID ITEM 1

BY PROVIDING WRITTEN NOTICE TO THE CONTRACTOR. WITHIN 72 HOURS AFTER

RECEIVING WRITTEN DIRECTIONS FROM THE CONTRACTING OFFICER, THE

CONTRACTOR SHALL BEGIN TRAWL SWEEPING.

NOTE 5: A 24 HOUR PER DAY DREDGING OPERATION WILL REQUIRE TWO 12-HOUR

TRAWLING DAYS EVERY 24 HOURS

NOTE 6: FAILURE TO PROVIDE A BID GUARANTEE COULD RENDER YOUR PROPOSAL

NONRESPONSIVE

NOTE 7: SEE SECTION 00100, “INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS.”

NOTE 8: PERFORMANCE OF ALL WORK UNDER THIS CONTRACT (INCLUDING THE

OPTIONAL BID ITEM) SHALL BE COMPLETED IN ACCORDANCE WITH THE FOLLOWING

ENVIRONMENTAL WINDOWS, BASED ON THE EQUIPMENT PROPOSED BY THE

CONTRACTOR.

IF A HOPPER DREDGE IS UTILIZED, ALL WORK UNDER THIS CONTRACT SHALL BE

COMPLETED BY MAY 1, 2016.

IF A MECHANICAL DREDGE (CLAMSHELL, DRAGLINE, OR DIPPER) OR HYDRAULIC

CUTTER SUCTION DREDGE IS UTILIZED, ALL WORK UNDER THIS CONTRACT

SHALL BE COMPLETED BY 120 DAYS AFTER ISSUANCE OF NTP.

SECTION 00010A, ATTACHMENT “A”

INSTRUCTIONS FOR TECHNICAL INQUIRES AND QUESTIONS

CLAUSES INCORPORATED BY FULL TEXT

52.214-4006 SOLICITATION/TECHNICAL INQUIRIES VIA PROJNET (LOCAL INSTRUCTION

CECT-SAW JUNE 2010)

1. SOLICITATION/TECHNICAL INQUIRIES.

A. INQUIRIES ARE TO BE SUBMITTED VIA BIDDER INQUIRY AT THE PROJNET

WEBSITE AT HTTPS://WWW.PROJNET.ORG.

B. IF YOU HAVE TECHNICAL PROBLEMS ACCESSING THE BIDDER INQUIRY VIA

THE PROJNET WEBSITE, CONTACT THE PROJNET HELP DESK AT 1-800-428-4357

(HELP). THIS NUMBER IS FOR TECHNICAL ISSUES ACCESSING THE WEBSITE ONLY.

2. READ THIS PARAGRAPH IN CONJUNCTION WITH CONTRACT PROVISION FAR 52.214-6,

“EXPLANATION TO PROSPECTIVE BIDDERS”.

3. ANY PROSPECTIVE BIDDER/OFFEROR DESIRING AN EXPLANATION OR

INTERPRETATION OF THE SOLICITATION, DRAWINGS SPECIFICATIONS, ETC., MUST

REQUEST IT IN WRITING VIA BIDDER INQUIRY IN PROJNET WITHIN NO LESS THAN

SEVEN (7) CALENDAR

DAYS PRIOR TO THE DATE OF BID OPENING OR RECEIPT OF PROPOSALS. THE

GOVERNMENT RESERVES THE RIGHT TO DECLINE ADDRESSING QUESTIONS RECEIVED

LESS THAN SEVEN (7) CALENDAR DAYS PRIOR TO RECEIPT OF BID OPENING OR RECEIPT

OF

PROPOSALS.

4. NO INQUIRIES WILL BE ACCEPTED BY THE BIDDER INQUIRY SYSTEM WITHIN SEVEN

(7) CALENDAR DAYS PRIOR TO THE DATE OF BID OPENING. HOWEVER, YOU MAY STILL

ACCESS THE BIDDER INQUIRY SYSTEM TO VIEW ANSWERS/REPLIES TO PREVIOUS

INQUIRIES

UNTIL THE BID OPENING.

5.PROJNET - BIDDER INQUIRY MODULE.

A. TO SUBMIT AND REVIEW BID INQUIRY ITEMS, BIDDERS/OFFERORS WILL NEED

TO BE A CURRENT REGISTERED USER OR SELF-REGISTER INTO SYSTEM. TO

ACCESS BIDDER INQUIRY, GO TO THE PROJNET WEB PAGE AT

HTTPS://WWW.PROJNET.ORG AND CLICK THE “QUICK ADD” LINK. ONCE AT THE

QUICK ADD SCREEN, SELECT AGENCY USACE, ENTER BIDDER INQUIRY KEY FOR

THIS SOLICITATION LISTED BELOW, AND BIDDER’S/OFFEROR’S E-MAIL ADDRESS,

THEN CLICK LOGIN. IF THIS IS BIDDER’S/OFFEROR’S FIRST TIME LOGGING IN

THEY WILL BE TAKEN TO THE BIDDER INQUIRY CREATE ACCOUNT SCREEN TO

SELF-REGISTER. FILL IN ALL REQUIRED INFORMATION AND CLICK CREATE USER.

VERIFY THAT INFORMATION ON NEXT SCREEN IS CORRECT AND CLICK

CONTINUE. PLEASE REMEMBER YOUR SECRET QUESTION ANSWER AND EMAIL

ADDRESS USED FOR FUTURE ACCESS TO THIS WEBSITE.B.

https://www.projnet.org/ https://www.projnet.org/

B. FROM THIS PAGE YOU MAY VIEW ALL BIDDER/OFFEROR INQUIRIES UNDER

REPORTS OR POST A NEW INQUIRY UNDER SUBMIT.

C. BIDDERS/OFFERORS WILL RECEIVE AN ACKNOWLEDGEMENT OF THEIR

QUESTION VIA EMAIL, FOLLOWED BY ANOTHER EMAIL NOTIFICATION THAT AN

ANSWER TO THEIR QUESTION HAS BEEN POSTED AFTER IT HAS BEEN REVIEWED

BY OUR TECHNICAL TEAM AND RESPONDED TO BY A CONTRACTING OFFICER.

D. BIDDERS/OFFERORS ARE RESPONSIBLE FOR CHECKING BID INQUIRY ITEMS.

E. BIDDERS/OFFERORS ARE REQUESTED TO REVIEW THE SPECIFICATION IN ITS

ENTIRETY, REVIEW THE BIDDER INQUIRY SYSTEM FOR ANSWERS TO QUESTIONS

PRIOR TO SUBMISSION OF A NEW INQUIRY. THE NAME OF THE SUBMITTER OR

FIRM IS NOT PUBLISHED FOR THE PUBLIC ON THE REPORT OF ALL BIDDER

INQUIRIES. BIDDERS/ OFFERORS ARE ON NOTICE OF, AND ASSUMED TO BE

AWARE OF, ALL INQUIRIES, RESPONSES, AND INFORMATION POSTED IN THE

BIDDER INQUIRY SYSTEM UP TO THE DATE OF BID SUBMISSION, WHETHER THE

INQUIRY WAS GENERATED BY THE BIDDER THEMSELVES OR ANOTHER

POTENTIAL BIDDER/ OFFEROR. BIDDERS ARE RESPONSIBLE FOR INCORPORATING

ALL SUCH INFORMATION INTO THEIR BID, OR FOR REQUESTING FURTHER

CLARIFICATION."

6. SOLICITATION INFORMATION:

RFP NO: GROUP4-10-R-W010

BIDDER INQUIRY KEY: 3949UI-TFMT5X

(END)

GROUP4-10-R-W010 SF 1442-A1

ADDENDUM TO THE STANDARD FORM 1442

Maintenance Dredging, Morehead City Harbor Range A and Range B

Carteret County, North Carolina

SPECIAL NOTIFICATION: THIS OPPORTUNITY IS AVAILABLE ONLY TO THE FOLLOWING

CONTRACTORS AWARDED A CONTRACT UNDER SOLICITATION NUMBER W912EP-10-R-

0026:

• Orion Marine Construction (W912EP-13-D-0003);

• Cavache, Inc. (W912EP-13-D-0004);

• Cashman Dredging & Marine Contracting (W912EP-13-D-0005);

• Cottrell Contracting Corporation (W912EP-13-D-0006);

• Great Lakes Dredge & Dock Company, LLC (W912EP-13-D-0007);

• Dutra Dredging Company (W912EP-13-D-0008);

• Marinex Construction, Inc. (W912EP-13-D-0009);

• Norfolk Dredging Company (W912EP-13-D-0010);

• Mike Hooks, Inc. (W912EP-13-D-0011);

• Weeks Marine, Inc. (W912EP-13-D-0012);

• Southern Dredging Co., Inc. (W912EP-13-D-0013);

• Manson Construction Company (W912EP-13-D-0014);

• C. F. Bean LLC (W912EP-13-D-0015)

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE

PREVIOUSLY LISTED FIRMS INCLUDED IN THE GROUP 4 DREDGING MATOC POOL.

TECHNICAL EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technically Acceptable (LPTA); the technical evaluation factors are:

(1) Availability of technically acceptable plant and equipment. Dredging shall be performed by an ocean certified hopper dredge, mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge.

(2) Past performance, to include the MATOC (The government reserves the right to obtain copies of all Construction Contract Administration Support System (CCASS) records contained in the US Army Corps of Engineers CCASS database for the Prime Contractor (Offeror) and all Major Sub-Contractors).

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

(1) A letter on company letterhead identifying the piece of equipment the contractor proposes to do the work and the location of this piece of equipment. The identified piece of equipment must have been found technically acceptable by the Contracting Officer prior to the proposal due date.

(1) Completed Bid Schedule (see Section 00010A)

(2) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Paragraph 2.4(c) of the MATOC

(3) Completed “Addendum to the Standard Form 1442”

GROUP4-10-R-W010 SF 1442-A2

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 9 -- For additional information contact: Charlenne Figgins Contracting Officer 910-251-4473 Charlenne.L.Figgins@usace.army.mil

Block 10 -- Magnitude of Construction is between $5,000,000 and $10,000,000

Block 11 -- The Contractor shall begin performance within 10 calendar days and complete it no later than 01 May 2016 if using a Hopper Dredge or 120 days after issuance of NTP if using mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge. This performance period is mandatory.

NOTE: If there are optional line items, refer to FAR 52.211-10 for breakdown of period of performance.

Block 12 -- The contractor must furnish any required performance and payment bonds within 7 calendar days after award of the task order.

Block 13 -- Sealed offers to perform the work required shall be delivered to the following address not later than 2:00pm EST, 15 March 2016.

U.S. Army Corps of Engineers Attn: Charlenne Figgins/Contracting 69 Darlington Avenue Wilmington, NC 28403

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, and 20 below:

Block 14 -- Name and Address of Offeror (including Zip Code):

DUNS: ___________________ CAGE: _______________

Block 15 -- Telephone No. (include area code): _____________________

Block 20 -- Name and Title of Person Authorized to Sign Offer (type or print):

Type/Print ________________________________________________

Signature: ________________________________________________ e-Mail: ________________________________________________

Offer Date: _______________________________________________

GROUP4-10-R-W010 SF 1442-A3

Block 26 -- This Task Order will be administered by: U.S. Army Corps of Engineers Construction Management Office 69 Darlington Avenue Wilmington, NC 28403

Block 27 -- Payment will be made by: USACE Finance Center

5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

GROUP4-10-R-W010 Addendum

THE FOLLOWING PAGES CONTAIN ADDENDUMS TO SPECIFIC SECTIONS OF THE

ORIGINAL SOLICITATION NUMBER: W912EP-10-R-0026

THESE ADDENDUMS ARE ONLY APPLICABLE TO THIS

SPECIFIC TASK ORDER

REQUEST FOR PROPOSAL NUMBER: GROUP4-10-R-W010

PROJECT TITLE:

Maintenance Dredging, Morehead City Harbor

Range A and Range B

NOTICE TO OFFERORS: The information on the following pages is provided for the various clauses and/or paragraphs which require information to be filled in (when applicable) on each Request for Proposal for Task Orders issued under the awarded contracts. All applicable clauses, terms and conditions contained in the original solicitation and subsequently awarded contracts become part of each Task Order.

ADDENDUM TO SECTION 00100, INSTRUCTIONS TO OFFERORS

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00100 ARE HEREBY PROVIDED:

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

31.7% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is NC Beaufort; NC Carteret; NC Craven; NC Dare; NC Edgecombe; NC Greene; NC Halifax;

NC Hyde; NC Lenoir; NC Martin; NC Nash; NC Northampton; NC Pamlico; NC Pitt; NC Tyrrell; NC Washington; NC Wayne; NC Wilson.

(End of provision) 00100-A1

ADDENDUM TO SECTION 00700, CONTRACT CLAUSES

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00700 ARE HEREBY PROVIDED:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

- ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 01 May 2016 if using a Hopper Dredge or 120 days after issuance of NTP if using mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 10 days after contract award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

00700-A1

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,177.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATE PRICED LINE ITEM (MAR

1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 3 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

00700-A2

ADDENDUM TO SECTION 00800, SPECIAL REQUIREMENTS

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00800 ARE HEREBY PROVIDED:

52.236-4 PHYSICAL DATA (Apr 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by hydrographic surveys by the Corps of Engineers.

(b) Weather conditions. Weather conditions are reported by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Environmental Data Service, Asheville, North Carolina and information about weather conditions is available through the following internet site:

Http://www.nws.noaa.gov

(c) Transportation facilities. The work area is located near Morehead City, North Carolina, which is served by first class and secondary roads, rail, and deep-water facilities. U.S. Highway 70 and NC Highway 24 serve the general area where the work will be performed.

(d) Location. The project work areas are located within Carteret County in eastern North Carolina.

(e) Local Tidal Conditions. Information about local tidal conditions is available through the following internet site:

Http://www.tidesandcurrents.noaa.gov/tide_predictions.shtml

(f) Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with provision of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible. If navigation is obstructed due to the Contractor’s work activities the Contractor shall immediately notify the Coast Guard so that a notice to mariners can be issued if needed. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other markers placed by him under the contract in navigable waters or on the shore.

(g) Channel Traffic. Temporary cessation of operations may be necessary for the passage of large sea-going vessels and tugs with barges in tow.

(h) Subsurface Investigations. No subsurface investigations have been made for this maintenance dredging work. Historic subsurface investigation data, from previous dredging contracts, are available from the Wilmington District office upon request.

(i) Condition of Channel. Controlling low water depths, at the time of the most recent survey, are shown on the drawings.

00800-A1 http://www.nws.noaa.gov/ http://www.tidesandcurrents.noaa.gov/tide_predictions.shtml

REQUIRED INSURANCE

In accordance with the Insurance - Work on a Government Installation clause of this contract, the following schedule applies:

(a) Workmen's Compensation and Employer's Liability.

(1) Compliance with applicable workmen's compensation and occupational diseases statutes is required. (If occupational diseases are not compensable under applicable statutes, coverage may be under employer's liability insurance.)

(2) Employer's liability $100,000.00

(b) General Liability (comprehensive form policy).

(1) Bodily injury per occurrence $500,000.00

(2) Property damage per occurrence $500,000.00

(c) Automobile Liability (comprehensive form policy).

(1) Bodily injury per person $200,000.00

(2) Bodily injury per accident $500,000.00

(3) Property damage per accident $20,000.00

(4) Vessel Liability: When contract performance involves use of vessels, the

Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(End of paragraph number 999.228-4000)

00800-A2

ADDENDUM TO SECTION 00800A, WAGES DETERMINATIONS AND OTHER

ATTACHMENTS

THE FOLLOWING WAGES RATES ARE HEREBY INCORPORATED INTO THIS TASK

ORDER:

LIST OF CONSTRUCTION CONTRACT ATTACHMENTS

No. TITLE DATE NO. OF

PAGES

1 General Decision No. NC 160017 01/08/2016 3 2 General Decision No. NC 160019 01/08/2016 4

NOTE: THE APPLICABLE WAGE DETERMINATIONS ARE PROVIDED IN DIVISION 01,

SECTION 01 10 00.10 38

00800-A3

Maint Drdg, Morehead City Hrbr, Range A and Range B GROUP4-10-R-W010

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 20 23.12 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM SCOW -

MONITORING PROFILE

35 20 23.23 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

ATTACHMENT:

Attachment 1 - Index of Drawings

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings, and Specifications."

1.2 CONTRACT DRAWINGS

Contract drawings included in Attachment 1 - Index of Drawings.

-- End of Document --

DOCUMENT 00 01 15 Page 2

Attachment 1

Index of Drawings

Maintenance Dredging, Morehead City Harbor, Range A & Range B, Carteret County, NC

Plate No. Title

GI01 INDEX OF DRAWINGS, LOCATION AND VICINITY MAPS

CN101 RANGE A STA. 21+15 TO STA. 75+00

CN102 RANGE B

CN103 OCEAN DREDGED MATERIAL DISPOSAL SITE (ODMDS) DISPOSAL ZONES 2 & 4

INDEX OF DRAWINGS

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.3 SUBMITTALS

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.7 WATER CONSERVATION

1.8 NOTICE TO MARINERS

1.9 SEAGOING BARGE ACT

1.10 BULLETIN BOARD

1.11 FINAL EXAMINATION AND ACCEPTANCE

1.12 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.13 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.14 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.15 REQUIRED CONSTRUCTION MEETINGS

1.16 WORK IN QUARANTINED AREA

1.17 NCDOT SPECIFICATIONS

1.18 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.19 PLANT LOCATION

1.20 PLANT

1.21 INSPECTION

1.22 SIGNAL LIGHTS

1.23 PARTNERING

1.24 LOAD RESTRICTIONS

1.25 PROTECTION OF EXISTING FACILITIES

1.26 CONTRACT AREA AND TRESPASSING

1.27 COORDINATION WITH OTHER CONTRACTORS

1.28 CONTRACT DRAWINGS AND SPECIFICATIONS

1.29 RATES OF WAGES

1.29.1 General Decision Number: NC160017 01/08/2016 NC17

1.29.2 General Decision Number: NC160019 01/08/2016 NC19

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 10 00.10 38 Page 1

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT)

NCDOT (2012) Standard Specifications For Roads And Structures

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

ER 415-1-15 Construction Time Extensions for Weather

1.2 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

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

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

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

ALL of the following is required WHEN REPORTING FOR WORK -

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

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

c) A resume.

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

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

SECTION 01 10 00.10 38 Page 2 be delivered to the Contracting Officer or his/her designated representative for cancellation upon the release of any employee.

(End of Clause)

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

Certificate of Insurance

Work Plan

SD-03 Product Data

Progress Schedule

SD-06 Test Reports

Within 24 hours of conclusion of physical tests, 5 copies of test results including calibration curves and results of calibration tests.

SD-07 Certificates

U.S. Coast Guard Certification

Completion of Corps CQC Course

Letter Appointing Superintendent

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

ER 415-1-15 dtd 31 OCT 89

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

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

(2) The unusually severe weather must actually cause a delay to

SECTION 01 10 00.10 38 Page 3 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 and/or sea conditions delays is based on wave hindcast information over a 20 year period (1980-1999). Offshore wave conditions from wave hindcast station data located approximately 10 miles from the project area were transformed to the local project area. Analysis of the wave conditions in the vicinity of the channel were performed to estimate the expected days per month in which dredging operations may be impacted due to sea conditions. A wave height greater than 4 feet will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather and/or sea conditions delays in all weather dependent activities.

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

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

5 5 6 4 2 1 1 1 2 2 4 4

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

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

(FIXED-PRICE CONSTRUCTION)".

(End of Clause)

1.5 PERFORMANCE AND PAYMENT BONDS

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

(End of Clause)

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

(1998 January HQUSACE)

(a) Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the

SECTION 01 10 00.10 38 Page 4 required dredging prism, including the associated side slopes, varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in the costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity within the required dredging prism. Any equitable adjustment in the contract unit price will also apply to that part of the actual quantity of allowable over-depth material above 115 percent or below 85 percent of the estimated allowable over-depth quantity.

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

(End of Clause)

1.7 WATER CONSERVATION

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

(End of Clause)

1.8 NOTICE TO MARINERS

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

(b) Should the Contractor, during dredging operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall notify the Coast Guard immediately as to the location of said object and any other information necessary for a Notice to Mariners.

The Contractor shall provide copies of this information to the Contracting Officer or his/her designated representative.

USCG Sector North Carolina Waterways Management, (910) 251-4525.

USCG Fifth District Aids to Navigation, (757) 398-6230.

1.9 SEAGOING BARGE ACT

(1979 OCE)

The Seagoing Barge Act (46 U.S.C. et sq.) applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with the Act, the low bidder shall within ten

(10) calendar days after bid opening submit a copy of said certificate to the Contracting Officer or his/her designated representative. Failure to

SECTION 01 10 00.10 38 Page 5 produce the certificate within the required time shall subject the bidder to a determination of nonresponsibility.

(End of Clause)

1.10 BULLETIN BOARD

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

(End of Clause)

1.11 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work, or if the work is divided into sections, or if any section which in the opinion of the Contracting Officer or his/her designated representative will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer or his/her designated representative. If any shoals, lumps, or the lack of contract depth are disclosed by this examination, the Contractor shall remove same by dredging the bottom with payment at the contract rate for Dredging, Range A, or Dredging, Range B. The Contractor is only allowed to do dragging operations in lieu of dredging if approved by the Contracting Officer or his/her designated representative. The Contractor will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in satisfactory condition, it will be accepted. If more than two sounding or sweeping operations by the Government over an area are necessary because of work for the removal of shoals disclosed by prior sounding or sweeping, the cost of such subsequent soundings or sweeping operations will be charged against the Contractor at the rate of $5,100.00 per day in which the Government plant is engaged in sounding or sweeping, is enroute to or from the site, or is held at or near the site for such operations.

(End of Clause)

1.12 ACCOMMODATIONS AND MEALS FOR INSPECTORS

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

(b) If the Contractor maintains an establishment for the subsistence of his own employees, he shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting

SECTION 01 10 00.10 38 Page 6

Officer or his/her designated representative. The meals furnished shall be paid for by the individual consuming the meal at a rate commensurate with the basic Government subsistence rate of: $7.00 Breakfast; $11.00 Lunch;

$23.00 Dinner.

(End of Clause)

1.13 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

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

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

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

(c) Subcontracting plans are not required--

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

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

95-507 and which are within the scope of the contract.

(End of Clause)

1.14 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer or his/her designated representative, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor will furnish submittals for any deviation from the plans or specifications. The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control System Manager shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer or his/her designated

SECTION 01 10 00.10 38 Page 7 representative at least every 30 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register furnished in Section 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

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

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

The Government reserves the right to vary the review levels for (R) and (E) to its convenience.

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

(End of Clause)

1.15 REQUIRED CONSTRUCTION MEETINGS

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

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

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

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

(d) The letter of record will be written documenting all items

SECTION 01 10 00.10 38 Page 8 discussed at the conference and a copy will be furnished by the Contracting Officer's Representative to all in attendance.

(End of Clause)

1.16 WORK IN QUARANTINED AREA

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

(End of Clause)

1.17 NCDOT SPECIFICATIONS

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

(End of Clause)

1.18 DEFINITIONS FOR NCDOT SPECIFICATIONS

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

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

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

(End of Clause)

1.19 PLANT LOCATION

The Contractor's plant shall be arranged and located in areas approved by

SECTION 01 10 00.10 38 Page 9 the Contracting Officer or his/her designated representative. This requirement includes the construction plant; offices; shop and storage buildings; housing facilities and all other equipment and materials needed to construct the project.

1.20 PLANT

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

(b) Dredging by hopper dredge, mechanical dredge (clamshell, dragline or dipper) or cutter suction dredge will be allowed in the contract. Dredging seaward of the COLREGS Demarcation Line shall be by ocean certified dredge.

(c) Special requirements for hopper dredges, such as turtle deflector devices, inflow baskets, hopper dredge operation, observers, and protocol for recording and reporting the taking of any sea turtle or sturgeon parts, are described in Section 01 57 20.00 10: ENVIRONMENTAL PROTECTION, subparagraph, National Marine Fisheries Service (NMFS) and Section 35 20 23.23: NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER

DREDGE.

(d) All scows shall be kept in good condition, the coamings repaired and the pockets provided with proper doors or appliances to prevent leakage of material.

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

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

(End of Clause)

1.21 INSPECTION

The Contractor shall be required:

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

SECTION 01 10 00.10 38 Page 10 facilities for the surveys prescribed in the clause entitled "FINAL

EXAMINATION AND ACCEPTANCE".

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

EM 385-1-1

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

(End of Clause)

1.22 SIGNAL LIGHTS

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

(End of Clause)

1.23 PARTNERING

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

(End of Clause)

1.24 LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project.