KVK22 Specs reduced.pdf

New York District THIS IS AN UNRESTRICTED PROCUREMENT AISC CODE 237990

SAFETY PAYS

MAINTENANCE DREDGING

of

NEW YORK & NEW JERSEY HARBOR -

KILL VAN KULL

FEDERAL NAVIGATION PROJECT

Solicitation &

Specifications

IFB No. W912DS-22-B-0004

Maintenance Dredging of NY&NJ Harbor - Kill Van Kull FNP KVK22

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 01 COVER SHEET

00 00 02 CHECK LIST FOR BIDDERS

00 01 15 LIST OF DRAWINGS

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 16 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00 45 00 REPRESENTATION AND CERTIFICATION

00 72 00 CONTRACT CLAUSES

00 90 00 WAGE RATES

00 90 01 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

00 90 02 WATER QUALITY CERTIFICATES

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 20 00.00 20 PRICE AND PAYMENT PROCEDURES

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 20 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

01 58 00 PROJECT IDENTIFICATION

01 78 00 CLOSEOUT SUBMITTAL

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 20 23.10 18 DREDGED MATERIAL TRANSPORT, PLACEMENT AND MONITORING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 00 01

COVER SHEET

04/21

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 00 01 Page 1

SECTION 00 00 01

COVER SHEET

04/21

PART 1 GENERAL

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

MAINTENANCE DREDGING

OF

NEW YORK AND NEW JERSEY HARBOR - KILL VAN KULL

FEDERAL NAVIGATION PROJECT

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-22-B-0004.

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 16).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 72 00 of this IFB.)

5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, Offerors, and applicants are cautioned to note the "Certification of Nonsegregated Facilities" in the solicitation.

Failure of bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000, which are not exempt from the provisions of Equal Opportunity Clause. (1984 APR)

6. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00 45 00

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

7. THIS IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT FUNDED BY THE

DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS (MAY

1993) IN ACCORDANCE WITH FAR 52.225-9 APPLIES.

8. THIS PROJECT IS NOT A SMALL BUSINESS SET-ASIDE.

DOCUMENT 00 00 01 Page 3

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section --

DOCUMENT 00 00 01 Page 4

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 00 02

CHECK LIST FOR BIDDERS

04/21

PART 1 GENERAL

DOCUMENT 00 00 02 Page 1

SECTION 00 00 02

CHECK LIST FOR BIDDERS

04/21

PART 1 GENERAL

ATTACHED IS IFB FOR

MAINTENANCE DREDGING OF

NEW YORK AND NEW JERSEY HARBOR - KILL VAN KULL

FEDERAL NAVIGATION PROJECT

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID INELIGIBLE FOR AWARD.

IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED TO THOSE

LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN

SUBMITTING A PROPER BID.

__ HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__ HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION 00

45 00) PORTION OF THE SOLICITATION?

__ IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__ IS YOUR BID PROPERLY SIGNED?

__ A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A BID BOND ON

STANDARD FORM 24 OR A SIMILAR FORM CONTAINING THE SAME LANGUAGE AS A

STANDARD FORM 24?

__ IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

__ IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND

ARE ALL REQUIRED SEALS AFFIXED?

__ IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR BID AS ON

THE BID BOND?

__ IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID GUARANTEE IS

TREATED THE SAME AS A LATE BID)

__ HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY ALTERING THE

PROVISIONS OF THE SOLICITATION?

__ WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID ITEM? (THE

SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

__ ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

__ IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY INITIALED

BY THE PERSON SIGNING THE BID?

__ DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT IS A

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

DOCUMENT 00 00 02 Page 3

OPENING TIME?

__ WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE SUBMISSIONS,

MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE INSTRUCTIONS, CONDITIONS,

AND NOTICES TO BIDDERS, SECTION 00 21 16 OF THE SOLICITATION.)

BIDDER IS RESPOSIBLE TO ENSURE BID IS SUBMITTED ON TIME.

DOCUMENT 00 00 02 Page 4

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 15

LIST OF DRAWINGS

04/21

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 01 15 Page 1

SECTION 00 01 15

LIST OF DRAWINGS

04/21

PART 1 GENERAL

1.1 SUMMARY

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

1.2 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS

Contract drawings are as follows:

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer or Contracting Officer's Representative of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

c. In general:

(1) Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are

DOCUMENT 00 01 15 Page 3 available in the office of the District Engineer, U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, N.Y.

10278-0090:

FY 2022

Maintenance Dredging of New York and New Jersey Harbor-Kill Van Kull

Federal Navigation Project

SHEET NO. DESCRIPTION

Sheet 1 Index

Sheet 2 General Location Map, HARS Location Map with Coordinates, Typical Cross Section and NOAA Chart

Sheet 3 & 4 Channel Sounding and Dredging Areas

f. The Contractor shall check all drawings furnished to him immediately upon their receipt and shall promptly notify the Contracting Officer or Contracting Officer's Representative of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements unless dimensions are specified.

Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have thereby been avoided (DOD FAR Suppl.

52.236-7002).

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 01 15 Page 4

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

04/21

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

1.2 BID SCHEDULE

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 10 00 Page 1

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

04/21

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

1.2 BID SCHEDULE

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 10 00 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

04/21

PART 1 GENERAL

DOCUMENT 00 21 16 Page 1

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

04/21

PART 1 GENERAL

To be provided by Contracting

DOCUMENT 00 21 16 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATION AND CERTIFICATION

04/21

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 45 00 Page 1

SECTION 00 45 00

REPRESENTATION AND CERTIFICATION

04/21

PART 1 GENERAL

TO BE PROVIDED BY CONTRACTING DIVISION

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 45 00 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 72 00

CONTRACT CLAUSES

04/21

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 72 00 Page 1

SECTION 00 72 00

CONTRACT CLAUSES

04/21

PART 1 GENERAL

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 72 00 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 00

WAGE RATES

04/21

PART 1 GENERAL

1.1 NOTE

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 90 00 Page 1

SECTION 00 90 00

WAGE RATES

04/21

PART 1 GENERAL

1.1 NOTE

Wage rates provided by Contracting Division, attached.

A copy of the wage rate shall be displayed at a highly visible location on the dredge at all times for the duration of the project.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 90 00 Page 3

"General Decision Number: NY20220001 01/07/2022

Superseded General Decision Number: NY20210001

State: New York

Construction Type: Heavy Dredging

Counties: New York Statewide.

STATEWIDE

New York

All dredging, except self-propelled hopper dredges, on the

Atlantic Coast and tributary waters emptying into the

Atlantic Ocean.

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive

Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related

Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract.

The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order

13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

00 90 00 Page 4

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/07/2022

* ENGI0025-001 10/01/2021

STATEWIDE

Rates Fringes

Dredging:

CLASS A1....................$ 42.66 13.96+a+b

CLASS A2....................$ 38.02 13.68+a+b

CLASS B1....................$ 36.89 13.61+a+b

CLASS B2....................$ 34.73 13.48+a+b

CLASS C1....................$ 33.78 13.13+a+b

CLASS C2....................$ 32.69 13.06+a+b

CLASS D.....................$ 27.16 12.53+a+b

CLASSIFICATIONS:

CLASS A1: Deck Captain; Mechanical Dredge Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS A2: Crane Operator (360 swing).

CLASS B1: Derrick Operator (180 swing), Spider/Spill

Barge

Operator, Engineer, Electrician, Chief Welder, Chief

Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed

Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Assistant Fill

Placer, Welder, Steward.

CLASS C2: Boat Operator.

00 90 00 Page 5

CLASS D: Oiler, Deckhand, Shoreman, Rodman, Scowman, Cook, Messman, Porter/Janitor.

INCENTIVE PAY: (Add to Hourly Rate)

Operator (NCCCO License/Certification) $1.80 Licensed

Tug operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed

Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80 Oiler (QMED and Tankerman endorsement (USCG) $1.80; All classifications (Tankerman endorsement only) USCG $1.55;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG)

$1.80; All classifications (lifeboatman endorsement only

(USCG) $1.55; Welder (ABS certification) $1.55

FOOTNOTES APPLICABLE TO ABOVE CRAFTS:

a. PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day, Good Friday, Independence

Day, Labor Day, Veterans' Day, Thanksgiving Day and

Christmas Day

b. VACATION: Eight percent (8%) of the straight time rate, multiplied by the total hours worked.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick

Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after

January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the

00 90 00 Page 6 employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate

(current union negotiated rate for local), a survey rate

(weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005

07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

00 90 00 Page 7

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example:

SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of

Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

00 90 00 Page 8

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys.

If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.)

should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour

Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

00 90 00 Page 9

The request should be accompanied by a full statement of the interested party's position and by any information

(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the

Administrative Review Board (formerly the Wage Appeals

Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

00 90 00 Page 10

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 01

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

05/21

PART 1 GENERAL

1.1 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 ATTACHMENTS

3.1.1 Attachment A New York & New Jersey Harbor - Kill Van Kull

Federal Navigation Project Reference Map

3.1.2 Attachment B Sample Daily Construction Quality Control Report

3.1.3 Attachment C Project Sign and Safety Sign

3.1.4 Attachment D Title 33 Oil and Hazardous Material Operations

3.1.5 Attachment E Guideline for Preparing the Accident Prevention

Plan

3.1.6 Attachment F Daily Reports for Dredging

3.1.7 Attachment G USACE Transportation and Placement Log

3.1.8 Attachment H Daily Site Safety and Health Inspection Log

3.1.9 Attachment I Daily Whale and Turtle Report Logs

3.1.10 Attachment I2 Incident_Report-Sturgeon

3.1.11 Attachment J Sampling and Testing Results - May 2021

3.1.12 Attachment K Example Submittal Register

3.1.13 Attachment L XYZ Data of November 2021 Plans & Specifications

Survey - See attachments to this solicitation on beta.SAM.GOV for complete set of XYZ Data

3.1.14 Attachment M USCG Requirement Letter dated 14 December 2021

DOCUMENT 00 90 01 Page 1

SECTION 00 90 01

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

05/21

PART 1 GENERAL

1.1 SUBMITTALS

Not Used

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 ATTACHMENTS

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 Attachment A New York & New Jersey Harbor - Kill Van Kull Federal Navigation Project Reference Map

3.1.2 Attachment B Sample Daily Construction Quality Control Report

3.1.3 Attachment C Project Sign and Safety Sign

3.1.4 Attachment D Title 33 Oil and Hazardous Material Operations

3.1.5 Attachment E Guideline for Preparing the Accident Prevention Plan

3.1.6 Attachment F Daily Reports for Dredging

3.1.7 Attachment G USACE Transportation and Placement Log

3.1.8 Attachment H Daily Site Safety and Health Inspection Log

3.1.9 Attachment I Daily Whale and Turtle Report Logs

3.1.10 Attachment I2 Incident_Report-Sturgeon

3.1.11 Attachment J Sampling and Testing Results - May 2021

3.1.12 Attachment K Example Submittal Register

3.1.13 Attachment L XYZ Data of November 2021 Plans & Specifications Survey

- See attachments to this solicitation on beta.SAM.GOV for complete set of XYZ Data

3.1.14 Attachment M USCG Requirement Letter dated 14 December 2021

DOCUMENT 00 90 01 Page 3

SECTION 00 90 01 ATTACHMENT A

NEW YORK and NEW JERSEY

HARBOR - KILL VAN KULL

REFERENCE MAP

00 90 01 Att. A Page 1

Sample

CONTRACTOR’S DAILY CONSTRUCTION QUALITY CONTROL REPORT

CONTRACTOR’S NAME

(address)

DATE: REPORT NO:

Contract No.____________________________________

Description and Location of Work:

WEATHER:(clear)(Partly Cloudy)/(Cloudy)_____ Temperature: Max ___ Min___

CONTRACTOR/SUBONTRACTORS AND AREA OF RESPONSIBILITY

a._______________________________________________________________________ b._______________________________________________________________________ c._______________________________________________________________________ d._______________________________________________________________________

Equipment Data: (Indicate items of construction equipment, other than hand tools, at the job site, and whether or not used.)

1. Work Performed Today: (Indicate location and description of work performed. Refer to work performed by prime and/or subcontractor by letter in Table above.)

2. Results of Surveillance: (Include satisfactory work completed, or deficiencies with action to be taken.)

3. Tests Required by Plans and/or specifications performed and Results of Tests:

Attachment B Daily Construction Quality Control Report Page 1

4. Verbal Instructions Received: (List any instructions given by Government personnel on construction deficiencies, retesting required, etc… With action to be taken.)

5. Job Safety: (Include deficiencies and corrective action taken.)

6. Indicate Equipment and materials Items arrivals at job site. Indicate the compliance or non-compliance of these items with approved shop drawings; the contract plans and specifications; and if storage of the item is required prior to the time of installation; indicate how this storage was provided and whether or not it is adequate.

7. Remarks: (cover any conflicts in plans, specifications, or instructions.)

8. CONTRACTOR’S VERIFICATION: the above report is complete and correct and all material and equipment used and word performed during this reporting period are in compliance with the contract pans and specifications except as noted above.

CONTRACTOR QUALITY CONTROL INSPECTOR

Attachment B Daily Construction Quality Control Report Page 2

CQC REPORT #___________ Date________________________

1. Project Title:_______________________________________________________________________________

Location: _____________________________Contract No.:____________________________________________

2. List Contractors and Subs Working This Day and Areas of responsibility of each

3. Weather:

4.Description and Location of Work of the Project (Also indicate days of no work and reasons for delay)

5. Labor and Equipment Breakdown by Trade (Attach Continuation)

6. Preparatory Phase Inspections Held (See Attached Minutes)

7. Initial Phase Inspections Held (See attached minutes)

Attachment B Daily Construction Quality Control Report Page 3 cenan-op-n cenan-op-n

8. Follow-Up Phase Inspections Performed, Results and Corrective Actions Taken

9. Job Safety. Indicate What Was Checked, Results,Instructions Received and Corrective Actions:

10. Additional Activities and Remarks (Check Appropriate Box) [ ] a. Testing Performed. Attach Results. [ ] d. Outstanding Deficiencies. See Attached List [ ] b. Verbal Instructions Received. [ ] e. Delivery of Equipment and Materials.

[ ] c. Submittal Actions. [ ] f. Misc/Remarks.

(Use Space Below To Discribe Checked Items)

11. Contractor's Verification: "The above report and attachments are complete and all supplies, Materials, Equipment and Workmanship incorporated into the work are in full compliance with the contract except as noted".

Signed_______________________________________________ Date____________ CQC Representative CENAN-CO 5/99

Attachment B Daily Construction Quality Control Report Page 4

RECORD OF PREPARATORY AND INITIAL INSPECTIONS

DATE OF TYPE OF DEFINABLE FEATURE OF WORK REPORT NOS PERSONS WAS MATL&/OR

INSP INSP (DESCRIBE) QA QC ATTENDING EQUIPMENT

INSP PHYSICALLY

INSPECTED ?

NAD FORM 826 NOTE:THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK PREP/INIT INSP'S

22 JULY 86 ATTACH ADDITIONAL RESULTS OR COMMENTS AS REQUIRED

Attachment B Daily Construction Quality Control Report Page 5

LIST OF OUTSTANDING DEFICIENCIES SH________ OF ________ DATE:_____________

PROJECT TITLE:_________________________________________ CONTRACTOR:___________________________

LOCATION:_____________________CQC REPORT#__________ CONTRACT #:_________________________________

SPEC REF LOCATION ON DESCRIPTION OF DEFICIENCY DATE DATE TO BE DATE REMARKS

OR DWG# PROJECT FOUND CORRECTED CORRECTED

NOTE: THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK OUTSTANDING CONSTRUCTION DEFICIENCIES

Attachment B Daily Construction Quality Control Report Page 6

CQC TEST REPORT LIST

CQC REPORT#__________________ SH_______ OF _______ DATE:_____________

CONTRACTOR:_________________________________________ CONTRACT #:_________________________________

PROJECT TITLE:_________________________________________ LOCATION:_____________________

SPEC REF TYPE OF TEST DATE RESULTS REMARKS

OR DWG# PERFORMED

NOTE: THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK CQC TESTING.PROVIDE ATTACHMENTS AS REQUIRED.

Attachment B Daily Construction Quality Control Report Page 7

The graphic format for this 4' x 6' sign panel follows the legend guidelines and layout as specified below. The large 4' x 4' section of the panel in the right is to be white with black legend. The 2' x 4' section of the sign on the left with the full corps Signature (reverse version) is to be screen printed Communications White on the Red background.

See attached sheet for fabrication and mounting guidelines.

SAMPLE:

2"

WH-RD/BK

009001 ATT. C-1

* Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

CID-01 various 4' x 6' 4' x 4' HDO-3

Color Size Size Code Height Bkg/Lgd

48" Type

LegendSign Panel Post Specification Mounting

3"

(Dimensions are in inches) 3" 21" 1" 21"

7.75"

9.5"

3" 21" 3" 42" 3"

1.875"

1.875"

1.875"

1.875"

4.5"

4.5"

6"

2.25"MAI

NEW YORK and NEW JERSEY HARBOR -

KILL VAN KULL MAINTENANCE

DREDGING

FEDERAL NAVIGATION PROJECT .

Construction Supervised by:

US Army Corps of Engineers

NORTH ATLANTIC DIVISION

NEW YORK DISTRICT

Operations Division right upper and lower case with

(architect, general contractor, etc.), corporate or firm name, city, state.

Use of Legend Group 5 is optional.

Color: Black

Legend Group 5a-b: One-to-five initial capitals only as shown.

Letter and word spacing to follow Corps standards.

Typeface: 1.25" Helvetica Regular Maximum line length: 21"

All typography is flush left and rag line identification of prime contractors including: type

Cross-align the first of Legend Group 4 with the first line of the Corps Signature (US Army Corps) as shown.

Color: Black Typeface: 1.5" Helvetica Regular Maximum line length: 42"

Legend Group 4: One-to two-line identification of project or facility (civil works) or name of sponsoring department (military).

Color: Black Typeface: 3" Helvetica Bold Maximum line length: 42"

Legend Group 3: One-to three-line project title legend describes the work being done under this contract.

Castle) Color: white Typeface: 1.25" Helvetica Regular

6"

PROJECT IDENTIFICATION SIGN

CIVIL PROJECT

4.5"

6.25"

10.5"

2.5"

Contractor:

Legend Group 1: One to two-line description of Corps relationship to project Color: white

District Name (optional, Place below 10.5" Reverse Signature (6"

Typeface: 1.25" Helvetica Regular Maximum line length: 19"

Legend Group 2: Division or e3opsklp Highlight e3opsklp Pencil e3opsklp Pencil

As Construction Project Identification signs Detailed specifications for and Safety Performance signs are to be HDD plywood panel preparation are pro-fabricated and installed as described vided in Appendix B.** below. The signs are to be erected at a Shown below the mounting diagram is location deignated by the contracting of- a panel layout grid with spaces provided ficer and shall conform to the size, format, for project information. Photocopy this and typographic standards. page and use as a worksheet when pre-apring sign legend orders.

The sign panels are to be fabri-cated from .75" High Density Over-lay Plywood. Panel preparation to follow HDD specifications.

Sign graphics to be prepared on a white non-reflective vinyl film with positionable adhesive backing.

All graphics except for the Com-munications Red background with Corps signature on the project sign are to be die-cut or computer-cut non-reflective vinyl, pre-spaced legends prepared in the sizes and typefaces specified and applied to the background panel following the graphic formats shown on the attached sheets.

The 2'x4' Communications Red panel (to match PMS-032) with full Corps signature (reverse ver-sion) is to be screen printed on the white background. Identifica-tion of the District or Division may be applied under the signature with white cut vinyl letters pre-pared to Corps standards. Large Construction Project Sign scale reproduction artwork for the Legend Group 1: Corps Relationship signature is provided on page 4.8

Drill and Insert six (6) .375" T-nuts from the front face of the HDD Legend Group 2: Divison/District Name

Apply graphic panel to prepared Legend Group 3: Project Title HDD plywood panel following better. Post to be 12" long. Drill six (6) .375" mounting holes in Legend Group 4: Facility Name uprights to align with T-nuts in sign

Assemble sign panel and uprights. Legend Group 5a: Contractor/A&E Legend Group 5b: Contractor /A&E Imbed assembled sign panel and

Safety Performance Sign Legend Group 1: Project Title

Legend Group 2: Contractor/A&E

Fabrication and Mounting Guidelines

48"

48"

(Dimensions in inches)

** Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EP-310-1-6.

18"

(photographically enlarge from 1.6.875" to 10.5"). ** 2.

sign panel. Position holes as 1.shown. Flange of T-nut to be flush with sign face. 2.

manufacturers' instructions. 1.

2.Sign uprights to be structural grade 4"x4" treated Douglas Fir

3.or Southern Yellow Pine. No.1 or panel. Countersink (.5") back of 1.hole to accept socket head cap screw (4"x.375"). 2.

uprights in 4" hole. Local soil con- 1. 1.ditions and/or wind loading may require bolting additional 2"x4" 2. 2.struts on inside face of uprights to reinforce installation as shown. 3. 3.

4. 4.

1.

2.

009001 ATT. C-2

5. 5.

1.

2.

The graphic format, color, size and type-faces used on the sign are to be reproduced exactly as specified below. The title with First Aid logo in the top section of the sign, and the performance record captions are standard for all signs of this type. Legend Group 2 and 3 below identify the project and the contractor and are to be placed on the sign as shown.

Safety record numbers are mounted on individual metal plates and are screw-mounted to the background to allow for daily revisions to posted safety performance record.

Legend Group1: Standard two-line title "safety is a Job Requirement", with (8" od.) Safety Green First Aid logo. Color: To match PMS 347 Typeface: 3" Helvetica Bold Color: Balck

Legend Group 2: One- to two-line project title legend describes the work being done under this contract and name of host project.

Color: Black 2.25" Typeface: 1.5" Helvetica Regular Maximum line length: 42"

2.25" Legend Group 3: One - to two-line identification: name of prime This project has Days without & contractor and city, state address. 1.875" operated: lost time injury 4.875" Color: Black Typeface: 1.5" Helvetica Regular Total days worked Maximum line length: 42" 1.875" on this contract 4.875"

Legend Group 4: Standard safety Lost time record captions as shown. 1.875" injuries 4.875" Color: Black

Typeface: 1.25" Helvetica Regular

Replaceable numbers are to be mounted on white .060: aluminum plates and screw-mounted to background.

Color: Black Typeface: 3" Helvetica Regular Plate size: 2.5"x.5"

All typography is flush left and rag right, upper and lower case with initial capitals only as shown.

Letter- and word-spacing to follow Corps standards.

* Refer to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

Sign Legend Post Specifications Mounting Color Type Size Size Code Height Bkg/Lgd CID-02 various HDO-3 48" WH/BK-GR

SAFETY PERFORMANCE SIGN

Safety is a Job Requirement NEW YORK and NEW JERSEY

HARBOR - KILL VAN KULL

MAINTENANCE DREDGING

RICHMOND COUNTY, NEW YORK

Contractor:

3" 3"8"

3"

3"

4"

3"

10.5"

3" 31"

Dimensions inches.

3" 2" 17"

6"

3.875"

4.5"

See attached sheet for fabrication and mounting guidelines.

Panel Size 4"x4" 4"x4"

2.5" 2.5"

.875"

3.125"

.975"

2.5"

009001 ATT. C-3

00 90 01 ATT. D- 1

[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR154.105]

[Page 314-316]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

(CONTINUED)

PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

--Table of Contents

Subpart A_General

Sec. 154.105 Definitions.

As used in this part:

Barrel means a quantity of liquid equal to 42 U.S. gallons. Boundary Line means any of the lines described in 46 CFR part 7. Captain of the Port (COTP) means the U.S. Coast Guard officer commanding a Captain of the Port Zone described in Part 3 of this chapter, or that person's authorized representative.

Caretaker Status denotes a facility where all piping, hoses, loading arms, storage tanks, and related equipment in the marine transfer area are completely free of oil or hazardous materials, where these components have been certified as being gas free, where piping, hoses, and loading arms terminating near any body of water have been blanked, and where the facility operator has notified the COTP that the facility will be in caretaker status.

Commandant means the Commandant of the Coast Guard or an authorized representative.

Contiguous Zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, but not extending beyond 12 miles from the baseline from which the breadth of the territorial sea is measured.

District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in Part 3 of this chapter or an authorized representative.

Facility means either an onshore or offshore facility, except for an offshore facility operating under the jurisdiction of the Secretary of the Department of Interior, and includes, but is not limited to, structure, equipment, and appurtenances thereto, used or capable of being used to

00 90 01 ATT. D- 2

transfer oil or hazardous materials to or from a vessel or public vessel. Also included are facilities that tank clean or strip and any floating structure that is used to support an integral part of the facility's operation. A facility includes federal, state, municipal, and private facilities.

Facility operator means the person who owns, operates, or is responsible for the operation of the facility. Hazardous material means a liquid material or substance, other than oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or (e).

Marine transfer area means that part of a waterfront facility handling oil or hazardous materials in bulk between the vessel, or where the vessel moors, and the first manifold or shutoff valve on the pipeline encountered after the pipeline enters the secondary containment required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal manifold or loading arm, or, in the absence of secondary containment, to the valve or manifold adjacent to the bulk storage tank, including the entire pier or wharf to which a vessel transferring oil or hazardous materials is moored.

MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, November 2, 1973) as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, February 17, 1978).

Mobile facility means any facility that can readily change location, such as a tank truck or tank car, other than a vessel or public vessel.

Monitoring device means any fixed or portable sensing device used to monitor for a discharge of oil or hazardous material onto the water, within or around a facility, and designed to notify operating personnel of a discharge of oil or hazardous material.

Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast Guard officer commanding a Marine Inspection Zone described in Part 3 of this chapter, or an authorized representative.

Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.

Oil means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

Onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under any land within the United States other than submerged land.

Person in charge means an individual designated as a person in charge of transfer operations under Sec. 154.710 (for facilities) or Sec. 155.700 (for vessels) of this chapter.

00 90 01 ATT. D - 3

STCW means the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978.

Self-propelled tank vessel means a self-propelled tank vessel other than a tankship.

Tank barge means a non-self-propelled tank vessel.

Tankship means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.

Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the

United States.

Transfer means any movement of oil or hazardous material to, from, or within a vessel by means of pumping, gravitation, or displacement. A transfer is considered to begin when the person in charge on the transferring vessel or facility and the person in charge on the receiving facility or vessel first meet to begin completing the declaration of inspection as required by Sec. 156.150 of this chapter. A transfer is considered to be complete when all the connections for the transfer have been uncoupled and secured with blanks or other closure devices and both of the persons in charge have completed the declaration of inspection to include the date and time the transfer was complete.

Vessel operator means a person who owns, operates, or is responsible for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 25125, May 8, 1997]

TRANSFER OPERATIONS--Table of Contents

Subpart A_Oil and Hazardous Material Transfer Operations

Sec.

156.100 Applicability.

156.105 Definitions.

156.107 Alternatives.

156.110 Exemptions.

156.111 Incorporation by reference.

00 90 01 ATT. D - 4

156.112 Suspension order.

156.113 Compliance with suspension order.

156.115 Person in charge: Limitations.

156.118 Advance notice of transfer.

156.120 Requirements for transfer.

156.125 Discharge cleanup.

156.130 Connection.

156.150 Declaration of inspection.

156.160 Supervision by person in charge.

156.170 Equipment tests and inspections.

Subpart B_Special Requirements for Lightering of Oil and Hazardous Material Cargoes

156.200 Applicability.

156.205 Definitions.

156.210 General.

156.215 Pre-arrival notices.

156.220 Reporting of incidents.

156.225 Designation of lightering zones.

156.230 Factors considered in designating lightering zones.

Subpart C_Lightering Zones and Operational Requirements for the Gulf of Mexico

156.300 Designated lightering zones.

156.310 Prohibited areas.

156.320 Maximum operating conditions.

156.330 Operations.

Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee) are also issued under 46 U.S.C. 3703.

This subpart applies to the transfer of oil or hazardous material on the navigable waters or contiguous zone of the United States to, from, or within each vessel with a capacity of 250 barrels or more; except that, this subpart does not apply to transfer operations within a public vessel.

00 90 01 ATT. D - 5

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Sec. 156.105 Definitions.

Except as specifically stated in a section, the definitions in Sec. 154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]

Sec. 156.107 Alternatives.

(a) The COTP may consider and approve alternative procedures, methods, or equipment standards to be used by a vessel or facility operator in lieu of any requirements in this part if:

(1) Compliance with the requirement is economically or physically impractical;

(2) The vessel or facility operator submits a written request for the alternative at least 30 days before operations under the alternative are proposed, unless the COTP authorizes a shorter time;

and

(3) The alternative provides an equivalent level of safety and protection from pollution by oil or hazardous material, which is documented in the request.

(b) The COTP takes final approval or disapproval action on any alternative requested, in writing, within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Sec. 156.110 Exemptions.

(a) The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, may grant an exemption or partial exemption from compliance with any requirement in this part, and the District Commander may grant an exemption or partial exemption from compliance with any operating condition or requirement in subpart C of this part, if:

(1) The vessel or facility operator submits an application for exemption via the COTP at least 30 days before operations under the exemption are proposed, unless the COTP authorizes a shorter time; and

(2) It is determined, from the application, that:

00 90 01 ATT. D - 6

(i) Compliance with a specific requirement is economically or physically impractical;

(ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of safety and protection from pollution by oil or hazardous material; and

(iii) The likelihood of oil or hazardous material being discharged as a result of the exemption is minimal.

(b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and reasons for the exemption and proposed procedures, methods or equipment standards.

(c) The exemption may specify the procedures, methods, or equipment standards that will apply.

(d) An exemption is granted or denied in writing. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 93-081, 60 FR 45017, Aug. 29, 1995;

CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056, 61 FR 41461, Aug. 8, 1996; CGD0 97- 023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]

Subpart A_Oil and Hazardous Material Transfer Operations

Sec. 156.111 Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of the change in the Federal Register; and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Compliance (G-MOC), 2100 Second Street, SW, Washington, DC 20593-0001 and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202- 741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal-- regulations/ibr- -locations.html. All approved material is available from the sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this part and the sections affected are as follows:

Oil Companies International Marine Forum (OCIMF) 15th Floor, 96 Victoria Street, London SW1E 5JW, England.

Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988-- 156.330.

International Chamber of Shipping

12 Carthusian Street, London EC1M 6EB, England.

Guide to Helicopter/Ship Operations, Third Edition, 1989--156.330.

00 90 01 ATT. D - 7

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by CGD 96-026, 61 FR 33666, June 28, 1996; 69 FR 18803, Apr. 9, 2004]

Sec. 156.112 Suspension order.

The COTP or OCMI may issue a suspension order to suspend transfer operations to the vessel or facility operator when the COTP or OCMI finds there is a condition requiring action to prevent the discharge or threat of discharge of oil or hazardous material, or when the COTP or OCMI is unable to verify compliance with the regulations through an inspection. A suspension order:

(a) May be effective immediately;

(b) Is issued in writing unless it is effective immediately and then it may be issued orally and followed up in writing;

(c) Includes a statement of each condition requiring correction to--

(1) Prevent the discharge of oil or hazardous material; or

(2) Comply with Sec. 154.735 of this chapter; and

(d) Is withdrawn when the COTP, OCMI, or District Commander, as applicable, determines that the condition requiring action to prevent the discharge or threat of discharge of oil or hazardous material has been corrected…