FY14_MD_La_Point_100__Specs.pdf

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Maintenance Dredging at LaPointe Harbor Award Federal contract opportunity
Solicitation number
W911XK-14-B-0016
Issued by
Department of the Army Corps of Engineers Engineering District Detroit

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FY14 Maintenance Dredging La Pointe Harbor, WI FY14LAPOINTEMD

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 10 REAL ESTATE

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 13.10 SPECIAL PROJECT PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 04.00 10 CONTRACTOR QUALITY CONTROL

01 57 20.00 20 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.13 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM Scow - Tracking Profile

35 20 23 DREDGING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 01 10 10

REAL ESTATE

PART 1 GENERAL

1.1 SUBMITTALS

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

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" 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

Additional Property Agreements; G-REO.

Copies of any agreements for Contractor-acquired real estate rights for this project shall be furnished before entering thereon.

Certified Survey Results

Furnish a copy of certified results of surveys which verify areas and limits of Contractor-acquired real estate rights.

1.2 REGULATORY REQUIREMENTS

1.2.1 Real Estate Rights

Rights for the use of the offload and placement areas have been obtained and the general limits of the areas are shown on the contract drawings.

All real estate lakeward of the Ordinary High Water Mark is under Federal jurisdiction and no permit or agreements are necessary for work therein except as specified in SECTION 01 35 13 10, "SPECIAL PROJECT PROCEDURES", Paragraph, "Additional Work Proposed and Not Authorized". No other real estate rights have been obtained by the Government for this project.

1.2.2 Additional Real Estate Rights

Any additional property agreements and/or real estate rights desired by the Contractor shall be obtained by the Contractor at its own expense. Such agreements shall clearly relieve the Government of any responsibility for damages or liability resulting from the Contractor's use of such grounds.

1.3 PROJECT/SITE CONDITIONS

1.3.1 Location and Verification

It shall be the Contractor's responsibility to accurately locate the limits of all lands utilized under the contract. The corner and angle points of each area for which rights have been obtained shall be marked with semipermanent markers except where there is an approved existing property marker. Temporary markers shall be placed at points on alignment. The points on alignment shall be marked at stations so that intervals between points do not exceed 200 feet.

SECTION 01 10 10 Page 1

1.3.2 Survey Markers

All markers shall be installed in an area prior to its use and they shall be available for reference during and upon completion of use of the area.

Where approved existing property markers are found, a witness stake, as specified in Subparagraph, "Semipermanent Markers" below, shall be provided. If the types of markers specified hereinafter cannot be used, other types, as approved by the Contracting Officer, shall be provided.

1.3.2.1 Semipermanent Markers

The markers shall be a steel rod one-half inch in diameter and four (4) feet long. The steel rod shall be driven vertically into the ground so that the top is flush with the finished ground surface. Each marker shall be witnessed by a 2" x 2" yellow stake extending two (2) feet above the ground surface and driven into the ground until stable, with not less than one (1) foot penetration.

1.3.2.2 Temporary Markers

Markers shall be 2" x 2", red-colored, wood hub stakes driven into the ground until stable (not less than one (1) foot penetration) with two (2) feet projecting above the ground surface. If the period in which temporary markers are to be in place exceeds one (1) construction season, a more permanent type of marker, as approved, shall be provided.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

-- End of Section --

SECTION 01 10 10 Page 2

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB PAYMENT ITEMS

Payment items for the work of this contract for which contract Job payments will be made are listed in the BIDDING SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular Job or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

a. "Mobilization and Demobilization" [Item No. 0001]

(1) Payment will be made for costs associated with mobilization and demobilization, as defined in Special Clause PAYMENT FOR

MOBILIZATION AND DEMOBILIZATION.

(2) Unit of measure: Job.

1.2 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the BIDDING SCHEDULE and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items. When an option has been exercised for increased depth at a specific area, all overdepth to 1' below the required dredging areas and sideslope quantities associated with the Base Bid dredging areas shall be paid for at the applicable unit costs for the Base Bid AA and AB items. All other quantities dredged will be paid for at the unit costs associated with the option dredge areas.

a. "Required Dredging La Pointe Harbor, WI" [Item No. 0002].

(1) This item shall include all work as specified in SECTION 35 20 23 DREDGING. The Contract unit price per cubic yard of dredging shall include the cost of removal, conveyance and disposal of all materials as shown on the drawings and as specified herein, except original materials, ledge rock, boulders, cobbles, rock fragments, wrecks, scrap materials, snags, stumps, piles, debris or other material which cannot be removed or buried below the required depth by the plant specified in the accepted bid, or the equivalent of such plant, without blasting or special apparatus. The unit price shall also include the cost of all work

SECTION 01 22 00.00 10 Page 1 required to be performed for the use of the disposal area.

Nothing in this paragraph shall be construed as prohibiting the removal of excepted material by special means at the prices agreed and approved in accordance with applicable provisions of the contract. Costs may also include those associated with use of an upland placement site as specified in SECTION 35 20 23 DREDGING.

(2) This item shall also include all work as specified in SECTION 35 20 23 13 "SCOW SILENT INSPECTOR". The contract unit price per cubic yard for "Dredging," shall constitute full compensation for all labor, equipment, tools, and incidentials necessary to operate and maintain the system as specified herein for the duration of the dredging operations.

(3) Unit of measure: Cubic Yard.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 22 00.00 10 Page 2

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 DEFINITIONS

1.1.1 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections.

Submittals are identified by SD numbers and titles as follows.

SD-01 Preconstruction Submittals

Certificates of insurance.

Surety bonds.

List of proposed subcontractors.

List of proposed products.

Construction Progress Schedule.

Submittal register.

Schedule of prices.

Health and safety plan.

Work plan.

Quality control plan.

Environmental protection plan.

SD-02 Shop Drawings

Drawings, diagrams and schedules specifically prepared to illustrate some portion of the work.

Diagrams and instructions from a manufacturer or fabricator for use in producing the product and as aids to the Contractor for integrating the product or system into the project.

Drawings prepared by or for the Contractor to show how multiple systems and interdisciplinary work will be coordinated.

SD-03 Product Data

Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work.

Samples of warranty language when the contract requires extended product warranties.

SD-06 Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements. (Testing must have been within three years of date of contract award for the project.)

SECTION 01 33 00 Page 1

Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

Investigation reports.

Daily logs and checklists.

Final acceptance test and operational test procedure.

SD-07 Certificates

Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

Document required of Contractor, or of a manufacturer, supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

Confined space entry permits.

Text of posted operating instructions.

1.1.2 Approving Authority

Office authorized to approve submittal; such as

Area Office Field (AOF) Real Estate Office (REO) Engineering, Design and Construction Office (EDC)

1.1.3 Work

As used in this section, on- and off-site construction required by contract documents, including labor necessary to produce submittals, construction, materials, products, equipment, and systems incorporated or to be incorporated in such construction.

1.2 SUBMITTALS

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

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" 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

Submittal register; G-AOF

SECTION 01 33 00 Page 2

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.4 SUBMITTAL REGISTER

1.5 SCHEDULING

Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. Certifications to be submitted with the pertinent drawings shall be so scheduled. Adequate time (a minimum of 10 calendar days exclusive of mailing time) shall be allowed and shown on the register for review and approval. No delay damages or time extensions will be allowed for time lost in late submittals.

1.6 TRANSMITTAL FORM (ENG FORM 4025)

The sample transmittal form (ENG Form 4025) attached to this section shall be used for submitting both Government approved and information only submittals in accordance with the instructions on the reverse side of the form. These forms will be furnished to the Contractor. This form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item.

1.7 SUBMITTAL PROCEDURES

Submittals shall be made as follows:

1.7.1 Procedures

See section 01 45 02.00 10 for submittal procedures using QCS.

1.7.2 Deviations

For submittals which include proposed deviations requested by the Contractor, the column "variation" of ENG Form 4025 shall be checked. The Contractor shall set forth in writing the reason for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

1.8 CONTROL OF SUBMITTALS

The Contractor shall carefully control his procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register."

1.9 GOVERNMENT APPROVED SUBMITTALS

Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. The distribution of approved copies will be as specified in CLAUSE titled "SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION".

SECTION 01 33 00 Page 3

1.10 INFORMATION ONLY SUBMITTALS

Normally submittals for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals.

The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work;

and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

SECTION 01 33 00 Page 4

SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 1 OF 3 PAGES

FY14 Maintenance Dredging La Pointe Harbor, WI

01 10 10 SD-01 Preconstruction Submittals

1.2.2 G REOAdditional Property Agreements

Certified Survey Results 01 33 00 SD-01 Preconstruction Submittals

1.1.1 G AOFSubmittal register

01 35 13.10 SD-01 Preconstruction Submittals

1.6.2Payrolls and Basic Records G AOFActivity Hazard Analysis (AHA)

1.6.1 G AOFAccident Prevention Plan

G AOFEnvironmental Protection Plan G AOFContractor Quality Control Plan

1.6.3 G AOFProgress Chart

SD-07 Certificates Survey Technician's Qualifications

01 35 26 SD-01 Preconstruction Submittals

1.7 G AOFAccident Prevention Plan (APP)

1.8 G AOFActivity Hazard Analysis (AHA)

1.7.1 G AOFCrane Critical Lift Plan

1.5.1.2 G AOFCrane Operators

SD-06 Test Reports 1.12Reports 1.12.1Accident Reports 1.12.3Crane Reports

SD-07 Certificates 1.9Confined Space Entry Permit

SUBMITTAL REGISTER

CONTRACT NO.

TITLE AND LOCATION CONTRACTOR

CONTRACTOR:

SCHEDULE DATES

CONTRACTOR

ACTION

APPROVING AUTHORITY

A C T I V I T Y

N O

T R A N S M I T T A L

N O

S P E C

S E C T

DESCRIPTION

ITEM SUBMITTED

P A R A G R A P H

C L A S S I F I C A T I O N

G O V T

O R

A E

R E V W

R SUBMIT

APPROVAL

NEEDED

BY

MATERIAL

NEEDED

BY

A C T I O N

C O D E

DATE

OF

ACTION

DATE FWD

TO APPR

AUTH/

DATE RCD

FROM

CONTR

DATE FWD

TO OTHER

REVIEWER

DATE RCD

FROM OTH

REVIEWER

A C T I O N

C O D E

DATE

OF

ACTION

MAILED

TO

CONTR/

DATE RCD

FRM APPR

AUTH REMARKS

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r)

SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 2 OF 3 PAGES

01 35 26 1.9Hot work permit License Certificates

1.12.4Certificate of Compliance 01 45 04.00 10 SD-01 Preconstruction Submittals

3.2Quality Control Plan 01 57 20.00 20 SD-01 Preconstruction Submittals

Environmental Protection Plan 35 20 23.13 SD-01 Preconstruction Submittals

Dredge Plant Instrumentation Plan Revisions or Addendum

G, SAM-OP-J

G AOFContract Quality Control Plan, section 3.5 SD-06 Test Reports

G AOFData Appropriately Archived e-mail, section 3.2.6

SD-07 Certificates G AOFLetter of National Dredging

Quality Management Program Certification

35 20 23 SD-01 Preconstruction Submittals Sounding Equipment Description and Calibration Data

1.6.2 G AOFDredging, Conveyance and

Placement Plan

G AOFDredging Placement Safety Plan;

SUBMITTAL REGISTER

CONTRACT NO.

TITLE AND LOCATION CONTRACTOR

CONTRACTOR:

SCHEDULE DATES

CONTRACTOR

ACTION

APPROVING AUTHORITY

A C T I V I T Y

N O

T R A N S M I T T A L

N O

S P E C

S E C T

DESCRIPTION

ITEM SUBMITTED

P A R A G R A P

A S S I F I C A T I O N

G O V T

O R

A E

R E V W

R SUBMIT

APPROVAL

NEEDED

BY

MATERIAL

NEEDED

BY

A C T I O N

C O D E

DATE

OF

ACTION

DATE FWD

TO APPR

AUTH/

DATE RCD

FROM

CONTR

DATE FWD

TO OTHER

REVIEWER

DATE RCD

FROM OTH

REVIEWER

A C T I O N

C O D E

DATE

OF

ACTION

MAILED

TO

CONTR/

DATE RCD

FRM APPR

SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 3 OF 3 PAGES

35 20 23 3.1Notice of Start of Dredging;

G AOFContractor-Furnished Disposal

Area SD-02 Shop Drawings Soundings

SD-03 Product Data Seed Mix

SD-06 Test Reports G AOFDaily Report of Dredging

Operations;

SUBMITTAL REGISTER

CONTRACT NO.

TITLE AND LOCATION CONTRACTOR

CONTRACTOR:

SCHEDULE DATES

CONTRACTOR

ACTION

APPROVING AUTHORITY

A C T I V I T Y

N O

T R A N S M I T T A L

N O

S P E C

S E C T

DESCRIPTION

ITEM SUBMITTED

P A R A G R A P

A S S I F I C A T I O N

G O V T

O R

A E

R E V W

R SUBMIT

APPROVAL

NEEDED

BY

MATERIAL

NEEDED

BY

A C T I O N

C O D E

DATE

OF

ACTION

DATE FWD

TO APPR

AUTH/

DATE RCD

FROM

CONTR

DATE FWD

TO OTHER

REVIEWER

DATE RCD

FROM OTH

REVIEWER

A C T I O N

C O D E

DATE

OF

ACTION

MAILED

TO

CONTR/

DATE RCD

FRM APPR

SECTION 01 35 13.10

SPECIAL PROJECT PROCEDURES

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.

U.S. GOVERNMENT CODE OF FEDERAL REGULATIONS (CFR)

33 CFR 320-330 General Regulatory Policies, Permits, Enforcement and Definitions

40 CFR 233 State Program Regulations

1.2 SUBMITTALS

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

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" 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

Payrolls and Basic Records

Contractor shall submit payrolls and basic records in accordance with the CLAUSE entitled "PAYROLLS AND BASIC RECORDS (FEB 1988)".

Activity Hazard Analysis (AHA); G-AOF

Submit in writing a Activity Hazard Analysis (AHA) for the contract ten

(10) calendar days after Notice to Proceed. See Article titled ACTIVITY HAZARD ANALYSIS (AHA) in Section 01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS for details.

Accident Prevention Plan; G-AOF

Submit in writing an Accident Prevention Plan for the contract within ten

(10) calendar days after Notice to Proceed. See Article titled ACCIDENT PREVENTION PLAN in Section 01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS for details.

Environmental Protection Plan; G-AOF

Submit in writing a Environmental Protection Plan for the contract within ten (10) calendar days after Notice to Proceed. See Article titled

SECTION 01 35 13.10 Page 1

ENVIRONMENTAL PROTECTION PLAN in Section 01 57 20.00 20 ENVIRONMENTAL PROTECTION for details.

Contractor Quality Control Plan; G-AOF

Submit in writing the Contractor's Corporate Quality Control (CQC) Plan for the contract within ten (10) calendar days after Notice to Proceed. See Article titled CONTRACTOR QUALITY CONTROL (CQC) PLAN in Section 01 45 04.00 10 CONTRACTOR QUALITY CONTROL for details. Also see Article titled QUALITY CONTROL (QC) PLAN in Section 01 45 02.00 10 QUALITY CONTROL SYSTEM (QCS).

Progress Chart; G-AOF

Contractor shall submit progress chart in accordance with the Contract clause entitled "SCHEDULE FOR CONSTRUCTION CONTRACTS (APR 1984)".

SD-07 Certificates

Survey Technician's Qualifications

Submit the identity and qualifications of the persons assigned to conduct surveys at least ten (10) calendar days in advance of conducting any surveys.

1.3 REGULATORY REQUIREMENTS

1.3.1 Additional Work Proposed and Not Authorized

1.3.1.1 Work Subject to 33 CFR 320-330

Any additional work (not specifically shown on the plans or delineated in the specifications) proposed by the Contractor in or affecting navigable waters, including wetlands (as defined in 33 CFR 320-330, published in the Federal Register Vol.51, No. 219, Thursday, November 13, 1986) shall not be performed without a Department of the Army Permit. This requirement shall be applicable to all work, permanent or temporary, and/or fill(s).

The Department of the Army Permit shall be approved by the District Engineer or Deputy District Engineer in accordance with the laws of the United States and the regulations promulgated thereunder, including, but not limited to, the Rivers and Harbors Act of 1899, the Clean Water Act and the National Environmental Policy Act of 1969, as amended. Corps employees (Contracting Officer's Representatives (COR) or inspectors) are not delegated authority to authorize such work. Information on making application for such permit(s) may be obtained by contacting one of the offices as listed hereinafter. When applying for information or a permit, a copy of any correspondence should be directed to the Contracting Officer of this contract. If a permit is not obtained, the additional work cannot be accomplished. Any delay in processing the permit will not constitute the basis of a claim under this contract. The fact that the Contractor is performing work under a Department of the Army Contract will give the Contractor no greater rights than any other applicant for a Department of the Army Permit.

WISCONSIN-MINNESOTA

Regulatory Functions Branch Construction-Operations Division U.S. Army Engineer District, St. Paul

190 Fifth Street East

SECTION 01 35 13.10 Page 2

St. Paul, MN 55101 Telephone: 651-290-5376

1.3.1.2 Work Subject to 40 CFR 233

Any additional work (not specifically shown on the plans or included in the specifications), proposed by the Contractor, in or affecting waters of the United States, including wetlands, in the States of Michigan, Illinois, Indiana, Ohio, Pennsylvania, New York, Wisconsin or Minnesota (as defined in 40 CFR 233, published in the Federal Register, Vol. 49 No. 192, Tuesday October 2, 1984) shall not be performed without a proper regulatory permit. Information on making an application for such permit may be obtained by contacting one of the offices listed hereinafter. When applying for a permit or for information, a copy of any correspondence shall be furnished to the Contracting Officer. If a permit is not obtained, the additional work shall not be performed. Any delay in obtaining or processing the permit will not constitute a basis for a claim under this contract.

STATE OF WISCONSIN

Department of Natural Resources 101 S. Webster St.

P.O. Box 7921 Madison, WI 53707-7921 Telephone: 608-266-2621

1.4 PROJECT/SITE CONDITIONS

1.4.1 Condition and Use of Project Site

The contract drawings indicate soundings and elevations at the dredging and placement site as found in condition surveys made as stated on the contract drawings. A notification of at least five (5) calendar days shall be given to the Contracting Officer prior to bringing any construction equipment or material upon the work site. The Contractor shall be responsible for damages that may be suffered due to its operations. The Contractor shall note CLAUSE titled "PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS."

1.4.1.1 Physical Conditions

The physical conditions shown on the contract drawings are indicative of those that prevailed at the time of the site investigations and may be different than those at the time of construction. Significant variations that would require changes to the plans or specification shall be reported to the Contracting Officer immediately.

1.4.2 Waterways Navigation and Traffic

The Contractor shall acquaint itself with all information and regulations pertaining to navigation and vessel traffic within the waterways at the project site. The Contractor shall coordinate with the U.S. Coast Guard to assure that a "NOTICE TO MARINERS" is issued prior to its work activity at the project site. The completed form shall be sent to the address stated in the Subparagraph entitled "Temporary Lights, Signals and Buoys Required by U.S. Coast Guard". The Government will not undertake to keep the waterways free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the

SECTION 01 35 13.10 Page 3

Army, in accordance with the provisions of Section 7 of the Rivers and Harbors Act approved 8 August 1917 (see Title 33, U.S.C.A. Sec. 1). The Contractor is required to conduct its work in such manner as to obstruct navigation as little as possible and, in case the Contractor's plant so obstructs a channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage.

Upon completion of the work, the Contractor shall promptly remove its plant, including ranges, buoys, piles, and other marks placed by it under the contract in navigable waters or on shore.

1.4.2.1 Navigation

Information and regulations pertaining to navigation may be obtained from the current issue of the "UNITED STATES COAST PILOT 6," issued annually by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). The "UNITED STATES COAST PILOT" may be obtained from National Ocean Survey, NOAA, Distribution Division-C44, Riverdale, Maryland 20840.

1.4.2.2 Traffic

Vessels that may use the waterways at the project site consist of recreational craft and commercial vessels. This traffic may interfere with contract operations and the Contractor shall conduct its work with due regard to and in coordination with the requirements of all navigation.

Information regarding the types and amount of passages made by commercial vessels that may use the waterways at the project site may be obtained from the current issue of the "Waterborne Commerce of the United States, Part 3, Waterways and Harbors, Great Lakes," published by the Department of Army, Corps of Engineers. The Department of the Army publication may be obtained at no charge from the following:

District Engineer, U.S. Army Engineer District, New Orleans, Waterborne Commerce Section, P.O. Box 60267, New Orleans, Louisiana 70160. Phone

504-862-1425, FAX 504-862-1091.

1.4.3 Existing Vegetation, Structures, Equipment, Utilities & Improvements

General locations of applicable existing utilities, vegetation, structures, equipment and improvements, based upon latest information available to the Government will be shown on the contract drawings. However, it is the Contractor's obligation to establish the exact horizontal and vertical location and size of all existing utility lines which are located within the required work area. The Contractor shall submit a utility locating plan for locating existing utilities and a copy of its utility location findings prior to commencing work on the site. Any utility lines which are not found by the Contractor, but which are known to exist at the project site, shall be reported to the Contracting Officer immediately. The Contracting Officer will have the option of directing commencement of work at the site or requiring the Contractor to submit further plans for locating the utility lines. Once the utilities have been located and marked, the Contractor shall be deemed to have the location made known to it pursuant to CLAUSE titled "PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS." If the Contractor damages any existing utility line, vegetation, structure, equipment or improvement, a report thereof shall be made immediately to the Contracting Officer. In any event, existing utility lines, vegetation, structures, equipment or improvements shall be protected from damage, and if damaged, shall be repaired by the Contractor at its own expense.

SECTION 01 35 13.10 Page 4

1.4.4 Identification of Employees

The Contractor shall be responsible for requiring each employee engaged on the work to wear a hardhat with labeling as required to identify that the person is an employee of the Contractor or to display other identification as may be approved.

1.4.5 Contract Supervision and Representation

The Contractor's local representative shall be available to Government representatives during duty hours, 8 a.m. to 4:30 p.m., on normal working days and shall be available by telephone at other times. The name of the Contractor's representative and the contact telephone number shall be furnished to the Government.

1.4.6 Coordination with Others

Reference is made to CLAUSE titled, "OTHER CONTRACTS". The Contractor is informed that the Government may have other Contractors engaged in placing dredged material into approximately the same Government-furnished disposal area provided for use under this contract. Sharing use of the Government's mooring facilities with others may also be necessary. The Contractor shall coordinate its operations with the work of others and share use of the facilities at no additional cost to the Government. The coordination shall be such that the required work under each affected contract is not prevented from being completed within its allowed completion time as a result of failure to cooperate and coordinate operations. Coordination with others shall be through the Contracting Officer's Representative at the site.

The Contractor shall coordinate with the Madaline Island Airport for any requirements for accessing the airport and operations on airport property.

The point of contact is Mike Dlzell, Airport Manger, at (715)-747-2785.

1.4.7 Traffic Control Plan

The Contractor shall control traffic in accordance with its approved plan.

The traffic control plan shall be in detail and size specific for the control of traffic on the public roadways adjacent to the work area.

Coordination of construction traffic with public use of the roadways shall be fully described, including all safety related characteristics.

1.4.8 Temporary Lights, Signals and Buoys Required by Coast Guard

All temporary lights, signals and buoys required by the U.S. Coast Guard must be displayed during the required work. Information regarding required signals, lights, buoys and other requirements may be obtained from the Commander (oan), Ninth Coast Guard District, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, Telephone (216) 522-3990.

1.4.9 Temporary Lights, Signals, and Markers Required By Airport

The contractor is required to coordinate with the Madaline Island Airport for any required temporary lights, signals, or markers during placement operations at the upland placement site.

SECTION 01 35 13.10 Page 5

1.4.10 Navigation Buoys

1.4.10.1 Relocation of Existing Buoys

If the relocation of existing navigation buoys is required to perform the contract work, the Contractor shall request permission for their relocation from the U.S. Coast Guard through the Contracting Officer. Once relocated, a record shall be maintained of the buoy relocation position(s). The request shall be provided to the Contracting Officer not less than three

(3) weeks prior to need of the buoy relocation. The Contractor shall be responsible for performing the relocation work, which shall be in accordance with U.S. Coast Guard requirements.

1.4.10.2 Temporary Dredging and Construction Buoys

In order to distinguish temporary buoys placed and maintained by the Contractor for dredging or construction purposes from aids to navigation placed by the U.S. Coast Guard, the Contractor's buoys shall be white and the top two (2) feet shall be light green in color. The Contractor shall remove its temporary buoys at the completion of the work.

1.4.10.3 Buoy Markings

If buoys with special markings are needed to indicate the different sides of the navigable channel, prior arrangements shall be made with the U.S.

Coast Guard, through the Contracting Officer.

1.4.11 Layout of Work and Surveys

1.4.11.1 Layout of Work

The following requirements are in addition to the requirements of CLAUSE titled "LAYOUT OF WORK, (APR 1984)." The Government has established bench marks and horizontal control points at the site of the work. Horizontal control points and descriptions of bench marks shall be provided by the Duluth Area Office. The elevations of bench marks are referred to mean water levels indicated on the contract drawings.

1.4.11.2 Surveyor Requirements

From these control points and bench marks, the Contractor shall lay out the work by establishing all lines, grades, range markers and gauges at the site as necessary to control the work. All survey information shall be recorded in accordance with standard and approved methods and in the survey note format approved by the Contracting Officer. All field notes, sketches, recordings and computations made by the Contractor in performing the layout work shall be available at all times during the progress of the work for ready examination by the Contracting Officer or his or her duly authorized representative and upon completion of the contract work the originals shall be turned over to the Contracting Officer in ring binders.

1.4.11.3 Suspension

The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking the work. Such suspension will be withdrawn upon satisfactory replacement of location and limit marks. Such suspension shall be at no additional cost to the Government and shall not entitle the Contractor to an extension of time for completing the work.

SECTION 01 35 13.10 Page 6

1.4.11.4 Verification

The Government may make checks as the work progresses to verify lines and grades established by the Contractor and to determine the conformance of the completed work as it progresses with the requirements of contract specifications and drawings. Such checking by the Contracting Officer or his or her representative shall not relieve the Contractor of its responsibility to perform all work in accordance with the contract drawings and specifications and the lines and grades given therein.

1.5 SEQUENCING AND SCHEDULING

1.5.1 Exclusion Period in Computing Completion Schedules

The exclusion period for La Pointe Harbor, WI is 16 November to 15 April.

1.5.2 Dredging And Work Period Restrictions

There are no dredging period restrictions for this contract.

Hauling operations are limited to 7am to 7pm daily.

The number of calendar days within which the Contractor is required to complete the work under this contract, as established in Clause titled "COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK", is exclusive of the above referenced periods during which dredging is prohibited and the days in these periods will not be counted when computing the required completion date.

1.5.3 Sunday, Holiday And Night Operations

There are no restrictions on Sunday, Holiday, and Night operations for this contract. When the Contractor elects to work on Saturdays, Sundays, holidays or nights when not prohibited herein, notice of its intention to do so shall be given to the Contracting Officer not less than forty-eight

(48) hours in advance thereof. Adequate lighting for thorough inspection of night operations shall be provided by the Contractor at its expense.

1.5.4 Start Work

Evidence that the Contractor has started mobilization and preparation of submittal register, and other preparatory work will satisfy the requirement that work commence within ten (10) calendar days after issue of the Notice to Proceed. (See Clause titled COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK, FAR 52.212-0003.)

1.6 REPORT REQUIREMENTS

1.6.1 Accident Prevention Plan

Contractor shall submit the Accident Prevention Plan shall be in accordance with Contract Clause entitled "ACCIDENT PREVENTION (NOV 1991) - ALTERNATE 1.

1.6.2 Payrolls and Basic Records

Contractor shall submit payrolls and basic records in accordance with the CLAUSE entitled "PAYROLLS AND BASIC RECORDS (FEB 1988)".

SECTION 01 35 13.10 Page 7

1.6.3 Progress Chart

Contractor shall submit progress chart in accordance with the Contract clause entitled "SCHEDULE FOR CONSTRUCTION CONTRACTS (APR 1984)".

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

SECTION 01 35 13.10 Page 8

SECTION 01 35 26

GOVERNMENTAL SAFETY 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.

AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE)

ASSE/SAFE A10.32 (2004) Fall Protection

ASSE/SAFE A10.34 (2001; R 2005) Protection of the Public on or Adjacent to Construction Sites

ASSE/SAFE Z359.1 (2007) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components

ASME INTERNATIONAL (ASME)

ASME B30.22 (2010) Articulating Boom Cranes

ASME B30.3 (2009) Tower Cranes

ASME B30.5 (2007) Mobile and Locomotive Cranes

ASME B30.8 (2010) Floating Cranes and Floating Derricks

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 10 (2010) Standard for Portable Fire Extinguishers

NFPA 51B (2009; TIA 09-1) Standard for Fire Prevention During Welding, Cutting, and Other Hot Work

NFPA 70E (2009; Errata 09-1) Standard for Electrical Safety in the Workplace

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Errata 1-2010; Changes 1-3 2010;

Changes 4-6 2011) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.146 Permit-required Confined Spaces

29 CFR 1915 Confined and Enclosed Spaces and Other

SECTION 01 35 26 Page 1

Dangerous Atmospheres in Shipyard Employment

29 CFR 1926 Safety and Health Regulations for Construction

29 CFR 1926.500 Fall Protection

1.2 SUBMITTALS

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

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

Government acceptance is required for submittals with a "G, A" designation.

SD-01 Preconstruction Submittals

Accident Prevention Plan (APP); G, AOF

Activity Hazard Analysis (AHA); G, AOF

Crane Critical Lift Plan; G, AOF

Proof of qualification for Crane Operators; G, AOF

SD-06 Test Reports

Reports

Submit reports as their incidence occurs, in accordance with the requirements of the paragraph entitled, "Reports."

Accident Reports

Crane Reports

SD-07 Certificates

Confined Space Entry Permit

Hot work permit

License Certificates

Certificate of Compliance (Crane)

Submit one copy of each permit/certificate attached to each Daily Quality Control Report.

1.3 DEFINITIONS

b. High Visibility Accident. Any mishap which may generate publicity and/or high visibility.

c. Medical Treatment. Treatment administered by a physician or by registered professional personnel under the standing orders of a

SECTION 01 35 26 Page 2 physician. Medical treatment does not include first aid treatment even through provided by a physician or registered personnel.

d. Recordable Injuries or Illnesses. Any work-related injury or illness that results in:

(1) Death, regardless of the time between the injury and death, or the length of the illness;

(2) Days away from work (any time lost after day of injury/illness onset);

(3) Restricted work;

(4) Transfer to another job;

(5) Medical treatment beyond first aid;

(6) Loss of consciousness; or

(7) A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it did not result in (1) through (6) above.

e. "USACE" property and equipment specified in USACE EM 385-1-1 should be interpreted as Government property and equipment.

h. Weight Handling Equipment (WHE) Accident. A WHE accident occurs when any one or more of the six elements in the operating envelope fails to perform correctly during operation, including operation during maintenance or testing resulting in personnel injury or death; material or equipment damage; dropped load; derailment; two-blocking; overload;

and/or collision, including unplanned contact between the load, crane, and/or other objects. A dropped load, derailment, two-blocking, overload and collision are considered accidents even though no material damage or injury occurs. A component failure (e.g., motor burnout, gear tooth failure, bearing failure) is not considered an accident solely due to material or equipment damage unless the component failure results in damage to other components (e.g., dropped boom, dropped load, roll over, etc.) Any mishap meeting the criteria described above shall be documented in both the Contractor Significant Incident Report (CSIR) and using the NAVFAC prescribed Navy Crane Center (NCC) form submitted within five days both as provided by the Contracting Officer.

1.4 REGULATORY REQUIREMENTS

In addition to the detailed requirements included in the provisions of this contract, comply with the most recent addition of USACE EM 385-1-1, and the following federal, state, and local, laws, ordinances, criteria, rules and regulations and 29 CFR 1910 and 29 CFR 1926. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern.

SECTION 01 35 26 Page 3

1.5 SITE QUALIFICATIONS, DUTIES AND MEETINGS

1.5.1 Personnel Qualifications

1.5.1.1 Site Safety and Health Officer (SSHO)

The contractor shall provide a Safety oversight team that includes a minimum of one (1) Competent Person at each project site or as determined by the Contracting Officer to function as the Safety and Health Officer (SSHO). The SSHO shall be directly employed by the Prime Contractor. The SSHO shall be at the work site at all times, unless specified differently in the contract, to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor, and their training, experience, and qualifications shall be as required by EM 385-1-1 paragraph 01.A.17 and all associated sub-paragraphs. A Competent Personal shall be provided for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan, and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed. The credentials of the Competent Persons(s) shall be approved by the Contracting Officer in consultation with the Safety Office.

The Contractor Quality Control (QC) person can be the SSHO on this project. The SSHO shall meet the following requirements:

Level 3:

A minimum of 5 years safety work on similar projects.

30-hour OSHA construction safety class or equivalent within the last 4 years.

Maintain competency through 24 hours of formal safety and health related training every 4 years.

Competent person training as needed.

1.5.1.2 Crane Operators

Meet the crane operators requirements in USACE EM 385-1-1, Section 16 and Appendix I, CFR 1926 Subpart CC, Appendix A, Standard Hand Signals and Appendix C, Operator Certification. In addition, for mobile cranes with Original Equipment Manufacturer (OEM) rated capacitates of 50,000 pounds or greater, designate crane operators as qualified by a source that qualifies crane operators (i.e., union, a government agency, or and organization that tests and qualifies crane operators). Provide proof of current qualification.

1.5.2 Personnel Duties

1.5.2.1 Site Safety and Health Officer (SSHO)

a. Conduct daily safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections. Attach safety inspection logs to the Contractors' daily quality control report.

b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Production reports for prime and sub-contractors.

c. Maintain applicable safety reference material on the job site.

SECTION 01 35 26 Page 4

d. Attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings.

e. Implement and enforce accepted APPS and AHAs.

f. Maintain a safety and health deficiency tracking system that monitors outstanding deficiencies until resolution. Post a list of unresolved safety and health deficiencies on the safety bulletin board.

g. Ensure sub-contractor compliance with safety and health requirements.

h. Maintain a list of hazardous chemicals on site and their material safety data sheets.

Failure to perform the above duties will result in dismissal of the superintendent, QC Manager, and/or SSHO, and a project work stoppage. The project work stoppage will remain in effect pending approval of a suitable replacement.

1.5.3 Meetings

1.5.3.1 Preconstruction Conference

a. Contractor representatives who have a responsibility or significant role in accident prevention on the project shall attend the preconstruction conference. This includes the project superintendent, site safety and health officer, quality control supervisor, or any other assigned safety and health professionals who participated in the development of the APP (including the Activity Hazard Analyses (AHAs) and special plans, program and procedures associated with it).

b. Discuss the details of the submitted APP to include incorporated plans, programs, procedures and a listing of anticipated AHAs that will be developed and implemented during the performance of the contract. This list of proposed AHAs will be reviewed at the conference and an agreement will be reached between the Contractor and the Contracting Officer's representative as to which phases will require an analysis.

In addition, establish a schedule for the preparation, submittal, review, and acceptance of AHAs to preclude project delays.

c. Deficiencies in the submitted APP will be brought to the attention of the Contractor at the preconstruction conference, and the Contractor shall revise the plan to correct deficiencies and re-submit it for acceptance. Do not begin work until there is an accepted APP.

d. The functions of a Preconstruction conference may take place at the Post-Award Kickoff meeting for Design Build Contracts.

1.6 SSHO STAFFING for USACE DREDGING CONTRACTS

a. Dredging contracts may include several project sites; this contract will require a minimum of one full time SSHO(s) assigned per project site. SSHO may be collateral duty in specific conditions listed below.

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

1) a mechanical dredge, tug(s) and scow(s), scow route, and

SECTION 01 35 26 Page 5 material placement site; or

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

3) a hopper dredge (include land-based material placement site -if applicable.)

c. Individual dredging project sites with work force less than 8 employees (not including the SSHO, QC, and/or Superintendent), the SSHO may be a collateral duty, with the same responsibilities of a full time SSHO. Individual dredging project sites with a work force of 8 or more employess (not including the SSHO) require a full time SSHO.

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

1.6.1 SSHO Requirements for Dredging

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

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

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

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

1.6.2 Designated Representative (DR) Requirements for Dredging

a. Designated Representatives (DR) are collateral duty safety personnel, with safety duties in addition to their full-time occupation, and support and supplement the SSHO efforts in managing, implementing and enforcing the Contractor's Safety and Health Program.

DRs shall be individual(s) with work…

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