SPEC W09B0022.pdf

TECHNICAL SPECIFICATIONS

FOR

MAINTENANCE DREDGING

BROAD CREEK

MIDDLESEX COUNTY, VIRGINIA

PREPARED AND

ISSUED BY

DEPARTMENT OF THE ARMY

NORFOLK DISTRICT, CORPS OF ENGINEERS

OPERATIONS BRANCH

WATERFIELD BUILDING

803 FRONT STREET

NORFOLK, VIRGINIA 23510-1096

DOCUMENTS 00 - INTRODUCTORY, BIDDING, AND CONTRACT REQUIREMENTS

00 01 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 14 00 SPECIAL WORK CONDITIONS

01 22 00 MEASUREMENT AND PAYMENT

01 31 19 PROJECT MEETINGS

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

STANDARD FORM 4025 (TRANSMITTAL FORM SAMPLE)

STANDARD FORM 4288 (SUBMITTAL REGISTER SAMPLE)

01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

FORM 3394 ACCIDENT INVESTIGATION (SAMPLE FORMS)

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 CONTRACTOR QUALITY CONTROL

SAMPLE FORMS FOR -

PREPARATORY AND INITIAL PHASE INSPECTIONS

CONTRACTOR QUALITY CONTROL REPORTS

REPORT OF OPERATIONS - DREDGES

01 57 20 ENVIRONMENTAL PROTECTION

01 57 30 ENVIRONMENTAL PERMIT WORK REQUIREMENTS

ENVIRONMENTAL PERMITS

DIVISIONS 02 THROUGH 34 - THESE DIVISIONS NOT USED

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

DIVISIONS 36 THROUGH 48 - THESE DIVISIONS NOT USED

BROAD CREEK BROAD09

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 15

LIST OF DRAWINGS

06/09

PART 1 GENERAL

1.1 INDEX OF CONTRACT DRAWINGS

PART 2 PRODUCTS (This Division not used)

PART 3 EXECUTION (This Division not used)

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

SECTION 00 01 15

LIST OF DRAWINGS

09/09

PART 1 GENERAL

1.1 INDEX OF CONTRACT DRAWINGS

The list of drawings below are included as a part to this Solicitation.

Norfolk District File No. Title

H-50-14-52(1) TITLE SHEET

H-50-14-52(2) MAPPING SHEET

PART 2 PRODUCTS (This Division not used)

PART 3 EXECUTION (This Division not used)

-- End of Section --

DOCUMENT 00 01 15 Page 2

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 14 00

SPECIAL WORK CONDITIONS

09/09

PART 1 GENERAL

1.1 SUBMITTALS

1.2 CONTRACTOR NOTIFICATIONS

1.2.1 Notification of Intent to Dredge to the Virginia Department of

Environmental Quality

1.2.2 Report of Dredging Completion to the Department of

Environmental Quality

1.2.3 Notification of Intent to Dredge to the U.S. Coast Guard

1.3 REFERENCES

1.4 CONTRACTOR WORK REQUIREMENTS

1.4.1 Personnel Restrictions

1.4.2 Transportation Restrictions

1.4.3 Security and Public Safety of Work Areas

1.4.4 Noise Control and Abatement

1.4.5 Coordination with Other Contractors

1.4.6 Before Dredging Surveys

1.4.7 Final Examination and Acceptance

1.4.8 Acceptance Sections

1.5 PHYSICAL DATA

1.5.1 Physical Conditions Information

1.5.2 Site Related Weather Conditions

1.5.3 Obstruction of Channel

1.5.4 Responsibility

1.5.5 Condition of Dredging Area

1.5.6 Channel Traffic

1.5.7 Oyster Grounds

1.6 PUMPING OF BILGES

1.7 FUEL OIL TRANSFER OPERATIONS

1.8 General

1.8.1 Dredge Electronic Survey and Positioning Systems

1.8.2 Benchmarks And Responsibility For Tidal Measurements

1.8.2.1 Responsibility for Tide Measurements

1.9 INSPECTION

1.9.1 General Inspection Requirements

1.10 SHOALING

1.10.1 Shoaling Prior to Dredging

1.10.2 Shoaling Subsequent to Dredging

1.11 SIGNAL LIGHTS

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12.1 Costs

1.12.2 Rentals

1.12.3 Data

1.13 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

1.13.1 Radio

1.14 SPECIAL COAST GUARD REQUIREMENTS

SECTION 01 14 00 Page 1

1.14.1 Local Notice To Mariners

1.14.2 Relocation of Navigation Aids

1.14.3 Use of Coast Guard Navigation Aid Structures

1.15 ENVIRONMENTAL LITIGATION

1.15.1 Litigation

1.16 HISTORICAL AND ARCHAEOLOGICAL FINDS

1.17 PROFIT

1.17.1 Weighted Guidelines

1.17.2 Values

1.17.2.1 Degree of Risk

1.17.2.2 Relative Difficulty of Work

1.17.2.3 Size of Job

1.17.2.4 Periods of Performance

1.17.2.5 Contractor's Investment

1.17.2.6 Assistance by Government

1.17.2.7 Subcontracting

1.18 PARTNERING

1.19 SUBCONTRACTS AND WORK COORDINATION

1.20 ACCOMMODATIONS ABOARD DREDGE FOR CONSTRUCTION REPRESENTATIVES

1.20.1 Accommodations

1.20.2 Costs

1.21 CONTINUITY OF WORK

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

SECTION 01 14 00 Page 2

SECTION 01 14 00

SPECIAL WORK CONDITIONS

09/09

PART 1 GENERAL

1.1 SUBMITTALS

The Contractor shall make submittals for the following listed reports and certificates as required by the specifications. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) representative and each item shall be stamped, signed, and dated by the CQC representative indicating action taken in accordance with SECTION 01 45 00. 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. The following shall be submitted in accordance with SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction and Postconstruction Submittals

* Dredging Intent Notifications to Department of Environmental Quality and U.S. Coast Guard

Prior to commencement of dredging, submit a copy of Dredging Intent Notifications to Department of Environmental Quality and U.S. Coast Guard and at the same time to the Contracting Officer.

* Advance Notice for Dredging

Contractor advance notice for dredging will constitute his request for Before Dredging Surveys.

* After Dredging Survey Requests

Contractor after dredging survey requests will constitute his request for After Dredging Surveys.

1.2 CONTRACTOR NOTIFICATIONS

Dredging intent and completion notifications to the Department of Environmental Quality and U.S. Coast Guard respectively shall be prepared and sent to the agencies as identified below. Notification to the U.S.

Coast Guard shall identify the dredging locations, placement areas, and dates the Contractor intends to start and complete dredging. When the Contractor sends a Notification to an agency, proper signatures as required in the Permit shall be affixed. A copy of all Notifications furnished shall at the same time be provided to the Contracting Officer. The Contractor shall include the Permit Number on all Notifications sent to an agency.

SECTION 01 14 00 Page 3

1.2.1 Notification of Intent to Dredge to the Virginia Department of Environmental Quality

The Contractor shall notify the Virginia Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, Virginia 22060, in writing, at least 15 calendar days prior to commencement of dredging operations for this contract. The Contractor shall include the Virginia Water Protection (VWP) Permit Number on all correspondence and reports sent to the Department of Environmental Quality.

1.2.2 Report of Dredging Completion to the Department of Environmental Quality

The Contractor shall notify the Virginia Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, Virginia 22060, in writing, within 30 calendar days of completion of dredging operations for this contract. The Contractor shall include in the Report the following information to the Virginia Department of Environmental Quality:

(a) Date on which dredging operations started.

(b) Date on which dredging operations were completed.

(c) Amount of material dredged (in cubic yards)

1.2.3 Notification of Intent to Dredge to the U.S. Coast Guard

The Contractor shall notify the Commander, Fifth Coast Guard District of his intended operations to dredge and request that it be published in the Local Notice to Mariners. This Dredging Intent Notification to U.S. Coast Guard must be given in sufficient time so that it appears in the Notice to Mariners at least 21 workdays prior to the commencement of this contract.

1.3 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.

COAST GUARD, DEPARTMENT OF TRANSPORTATION

CFR PART 156.120 OIL AND HAZARDOUS MATERIAL TRANSFER

OPERATIONS - Requirements for Transfer

ENGINEERING MANUALS, U.S. ARMY

EM 1110-2-1003 (2002) Hydrographic Surveying Manual

ENGINEERING PAMPHLET, U.S. ARMY

EP 1110-1-8 Construction Equipment Ownership and Operating Expense Schedule

1.4 CONTRACTOR WORK REQUIREMENTS

The Contractor shall perform the scheduled work with a hydraulic dredge and pipeline and place the dredged material in the Government-furnished upland placement area as indicated and specified. The Contractor shall anticipate the placement area to be in sufficient condition for placement of dredged material; however, the Contractor shall be required to make all corrections

SECTION 01 14 00 Page 4 to the placement area and maintain the dikes and drainage structures at the expense of the Contractor during the scheduled work.

1.4.1 Personnel Restrictions

Personnel working at the project site are limited to the immediate site areas where work is to be performed and shall not encroach property or facilities not involved in the work.

1.4.2 Transportation Restrictions

The location of work is served by an all weather surfaced road network;

except, at the diked placement area which is compacted earth. The Contractor shall keep all roads free of mud and other foreign materials resulting from his operations. All temporary construction shall be removed and the affected areas restored to their original condition. The Contractor shall prepare as a part of his Safety Plan and Activity Hazard Analysis his proposed methods for gaining access to the workplace that does not unnecessarily impact convenient and safe access to and from the area by the public. Access and egress to the work area is the responsibility of the Contractor; therefore, any required improvements to facilitate the Contractor's access\egress shall be at the expense of the Contractor.

Access\egress shall be maintained throughout construction and restored to as good condition as existed prior to use.

1.4.3 Security and Public Safety of Work Areas

The dredging and placement areas are accessible to the general public;

however, the Contractor is informed the Government will not undertake to exclude the public or restrict public access to the dredging or placement areas during the work. The Contractor shall be solely responsible for protection of the public at all times for the duration of the contract and fully comply with the provisions of OSHA safe working practices and the Safety and Accident Prevention requirements of these specifications.

Unless directed otherwise, the Contractor may perform the scheduled dredging work 24 hours a day, 7 days a week.

1.4.4 Noise Control and Abatement

The Contractor shall employ the use of properly installed and maintained mufflers, silencers, and manufacturer's recommended sound suppressors on all plant, machinery, and equipment used on this work. The use of sound signals such as whistles, horns, or bells shall not be used if two-way radio communication can accomplish the required function.

1.4.5 Coordination with Other Contractors

During the period of this contract, other contracts may be in force for the construction of other features of work on or adjacent to the site of work being accomplished under this contract. The Contractor shall arrange his plant, and shall schedule and perform this work, so as to effectively cooperate with all other contractors and Government agencies. It shall be the responsibility of the Contractor on this contract to be fully informed of the extent of the limits of work to be performed by other contractors.

Should there be any conflict between these limits, the Contractor shall immediately notify the Contracting Officer of the conflict, and the Contracting Officer's decision shall be final.

SECTION 01 14 00 Page 5

1.4.6 Before Dredging Surveys

For the purpose of requesting Before Dredging Surveys, the Contractor shall give the Contracting Officer a written Advance Notice for Dredging at least 14 calendar days prior to arrival of the dredge plant at the first work area, and shall furnish written notice at least 14 calendar days in advance of need for subsequent before dredging surveys. It is understood that the surveys made in response to the initial Advance Notice for Dredging by the Contractor will constitute the before dredging survey and that any subsequent surveys occasioned through Contractor delays will be charged against the Contractor at a rate of $5,000 per day. The Contracting Officer will not be responsible for any delays in the commencement of work caused by incomplete surveys if the Contractor fails to provide adequate advance written notice as specified.

1.4.7 Final Examination and Acceptance

As soon as practicable after the completion of the entire work or any portion of the work which in the opinion of the Contracting Officer will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding, as determined by the Contracting Officer. The Contractor shall submit a written After Dredging Survey Request to the Contracting Officer within adequate time of the completion of dredging to insure prompt performance of the after dredging acceptance surveys as required by U.S.

Army Corps of Engineers Hydrographic Survey Manual EM 1110-2-1003. If the Contractor fails to provide this advance notice or is untimely in doing so, the Contracting Officer will not be responsible for any delays caused by incomplete surveys. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dredging at the contract rate for dredging; however, if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoal may be waived at the discretion of the Contracting Officer. The Contractor will be notified when soundings are to be made and may accompany the survey party. When the area is found to be in satisfactory condition, it will be accepted. Should more than two sounding operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding, the cost of such third and any subsequent sounding operations will be charged against the Contractor at the rate of $5,000 per day for each day in which the Government Plant is engaged in sounding or is en route to or from the site or held at or near the said site for such operations. Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

1.4.8 Acceptance Sections

The entire scheduled dredging area shall constitute an acceptance section for payment purposes.

1.5 PHYSICAL DATA

1.5.1 Physical Conditions Information

The physical conditions indicated on the drawings and in the specifications are the result of site investigations and surveys. Information and data

SECTION 01 14 00 Page 6 furnished or referred to below is furnished for the Contractor's information; however, it shall be expressly understood that the Government will not be responsible for any interpretation or conclusion drawn from this information or data by the Contractor.

1.5.2 Site Related Weather Conditions

Location of work is exposed and severe winds may cause suspension of work for short periods. The area is tidal with an approximate mean range of tide of 1.2 feet based on National Ocean Service records. Tidal currents are normally not of sufficient velocity to interfere with dredging operations. Complete weather forecasts, records and reports may be obtained from the National Weather Service in Wakefield, Virginia, telephone (757) 899-4200, Menu selection service or operator assisted as applicable. The Contractor shall satisfy himself as to the hazards likely to arise from the weather conditions during the dredging period.

1.5.3 Obstruction of Channel

The Government will not undertake to keep the dredging area free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act, approved 3 August 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractors' plant so obstructs navigation 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 the completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under this contract in navigable water or on shore.

1.5.4 Responsibility

The Contractor shall hold and save harmless the United States, its officers, and employees from all claims that may arise as a result of the Contractor's negligence in connection with the work performed under the contract, from noncompliance by the Contractor with the provisions of the contract drawings and specifications, or from the instruction of the Contracting Officer.

1.5.5 Condition of Dredging Area

The plans for dredging show the condition of the dredging area at the dates shown. There are not any known pipes, bridges, or tunnels that cross the areas to be dredged. The dredging areas may contain trash, debris, and small obstructions not shown on the plans for dredging. There are privately owned structures, bulkheads, piers, docks, mooring piles, and other existing items in proximity to the areas to be dredged, and are in various conditions ranging from total deterioration to properly maintained.

The Contractor shall exercise due care in all dredging and attendant plant operations to prevent damage to all structures, bulkheads, piers, docks, mooring piles, and any other existing items that remain in the work area during dredging operations.

1.5.6 Channel Traffic

The traffic in the areas of the work consists of commercial vessels and barges, small craft engaged in the seafood industry, and small to medium

SECTION 01 14 00 Page 7 size pleasure craft. It is expected that there will be minor delays during dredging operations due to this traffic.

1.5.7 Oyster Grounds

Leased and public oyster grounds are present in the project area and are depicted on the contract drawings. The locations shown for the oyster grounds are based on information furnished by the Virginia Marine Resources Commission. In order to avoid damage to oyster grounds the Contractor shall exercise care in the dredging operations, pipeline placement, and the movement and operation of all other attendant plant and equipment.

1.6 PUMPING OF BILGES

Contractors are warned that pumping oil or bilge water containing oil into navigable waters, or into areas which would permit the oil to flow into such waters, is prohibited by Section 13 of the River and Harbor Act of 1899, approved 3 March 1899 (30 Stat. 1152; 33 U.S.C. 407). Violation of this prohibition is subject to the penalties under the referenced Acts.

1.7 FUEL OIL TRANSFER OPERATIONS

In accordance with U.S. Coast Guard regulations CFR PART 156.120, couplings used in fuel oil transfer operations on any vessel with a capacity of 250 or more barrels of oil shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker operator shall be submitted to the Contracting Officer for each refueling operation.

1.8 General

The Contractor shall be responsible for the expense and layout of all work.

When the Contractor's work methods require physical markings to be placed for the purpose of dredged material placement control, including all placement area and easement control points and all range markers and buoys indicated or that otherwise are required to accomplish the work, shall be placed in the field and marked by a licensed Professional Engineer or Surveyor currently licensed in the Commonwealth of Virginia. The markings shall be minimum 1 inch diameter steel pipe marked with orange flagging, placed in the immediate work areas only and shall be removed once a work area has been accepted. The Government reserves the right to verify all in-place markings before dredging and placement operations commence, and at any time during the contract. The Contractor shall give the Contracting Officer a minimum of at least 14 calendar days notice prior to commencement of dredging operations to assure the completion of the initial Government verification review.

1.8.1 Dredge Electronic Survey and Positioning Systems

The Contractor shall utilize a differential GPS electronic survey and dredge positioning system to perform all scheduled dredging operations with accuracies equal to contract payment surveys as specified in the Project Classification Requirements as outlined in U.S. Army Corps of Engineers Hydrographic Survey Manual EM 1110-2-1003. The Contractor shall provide real time positioning on a computer screen during dredging, and have the capability of playback in 15 minute intervals. The position must be recorded on a disk every 60 seconds and submitted to the Contracting Officer on a daily basis. All electronic survey and dredge positioning

SECTION 01 14 00 Page 8 systems equipment, and the work accomplished with the use of the systems, must render results in the same coordinate system as indicated on the contract drawings. All completed work shall be reviewed and certified as accurate by the Contractor's Quality Control Manager. This signed certification shall be submitted as a part of the Daily Report of Operations in accordance with the requirements of SECTION 01 45 00 to assure that all work performed with the use of the equipment and systems meets contract requirements.

1.8.2 Benchmarks And Responsibility For Tidal Measurements

The plane of reference shall be Mean Lower Low Water (MLLW) as established by National Ocean Service (NOS), as used on the drawings and in these specifications. The benchmark(s) referenced on the drawing shall be used by the Contractor for the locations specified. Physical descriptions for locating the benchmarks will be provided at the Pre-Construction Conference.

1.8.2.1 Responsibility for Tide Measurements

It shall be the responsibility of the Contractor to obtain tide level measurements and predictions as required to conduct his dredging operations for the duration of the work. The Government will establish the tide staff gauge within vicinity of the respective dredging areas that shall be used by the Contractor unless approved otherwise by the Contracting Officer.

1.9 INSPECTION

1.9.1 General Inspection Requirements

The presence of the construction representative shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

a. To furnish, on the request of the Contracting Officer or any construction representative, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the dredging. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and any resultant cost incurred by the government will be deducted from any amounts due or to become due the Contractor.

1.10 SHOALING

1.10.1 Shoaling Prior to Dredging

The drawings and quantity estimates are based on the condition of the dredging areas at the time of the most recent surveys; however, the actual quantities to be dredged will be computed from surveys made immediately before dredging. Any dredged material placed in the Basin or shoaling that has developed, subsequent to the surveys indicated on the drawings and contiguous to the areas indicated to be dredged under this contract, shall be removed by the Contractor at the contract unit price for dredging, including any applicable unit price adjustments if so directed by the Contracting Officer. Any such shoaling within contiguous areas will be included as part of the required dredging prism for the purposes of

CONTRACT CLAUSE "VARIATION IN ESTIMATED QUANTITIES".

SECTION 01 14 00 Page 9

1.10.2 Shoaling Subsequent to Dredging

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

1.11 SIGNAL LIGHTS

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

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12.1 Costs

Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule", Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

1.12.2 Rentals

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable.

1.12.3 Data

When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on

SECTION 01 14 00 Page 10 the Standard Form 1411, "Contract Pricing Proposal Cover Sheet". By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

1.13 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

In order that radio communication may be made with passing vessels, all dredges engaged in work under this contract shall be equipped with bridge-to-bridge radio telephone equipment in accordance with 33 USC CHAPTER 24 , as applicable. The radio telephone equipment shall operate on a single channel very high frequency (VHF), FM, on a frequency of 156.65 megahertz (Channel 13 and 16) with low power output having a communication range of approximately ten miles. The Federal Communications Commission has approved the frequency.

1.13.1 Radio

The Contractor shall provide the Government construction representative a portable radio capable of communicating with the dredge for the duration of work under this contract. The Contractor shall maintain the radio as required.

1.14 SPECIAL COAST GUARD REQUIREMENTS

1.14.1 Local Notice To Mariners

The Local Notice To Mariners (LNM) for the Fifth Coast Guard District is available by phone at (757) 398-6367. Additionally, LNM are on the Internet at:

http://www.navcen.uscg.gov/lnm/d5/default.htm, and e-mail address: D5Local@LANTD5.uscg.mil.

The LNM is the primary means for disseminating information concerning aids to navigation, hazards to navigation, and other items of marine information of interest to mariners on the waters of the United States, its territories, and possessions. These notices are essential to all navigators for the purpose of keeping their charts, light lists, Coast Pilots and other nautical publications up-to-date. These notices are published weekly. They may be obtained free of charge, by making application to the Fifth Coast Guard District, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704. If the Contractor encounters any objects on the channel bottom during dredging operations or transport of his plant that could be a hazard to navigation, he shall notify the Coast Guard immediately as to location and at the same time notify the Contracting Officer.

1.14.2 Relocation of Navigation Aids

The Contractor shall not relocate or move any aids to navigation that have been established by the U.S. Coast Guard. If it becomes necessary to have any aid to navigation moved in order to complete dredging operations under this contract, the Contractor shall notify the U.S. Coast Guard in writing at the address above with a copy to the Contracting Officer not less than 21 calendar days prior to such need for movement. The Contractor shall

SECTION 01 14 00 Page 11 notify the U.S. Coast Guard of the approximate time the navigation aid may be relocated to its original position. All notifications to the U.S. Coast Guard shall at the same time be provided to the Contracting Officer and recorded in the Daily Report of Operations. In the event that the Contractor disturbs or damages any navigation aid during work operations, which includes during mobilization or demobilization of his plant, the Contractor shall immediately stop the activity which disturbed or damaged the navigation aid, take immediate corrective action to prevent further disturbances or damage, and shall notify the Coast Guard immediately as to location, and at the same time notify the Contracting Officer.

1.14.3 Use of Coast Guard Navigation Aid Structures

The Commander, Fifth Coast Guard District, has authorized the Norfolk District, Corps of Engineers, and its Contractors to use fixed Federal aids to navigation structures, established and maintained by the U. S. Coast Guard, for support of temporary dredging tide gauges when performing Federal dredging operations. If a Contractor chooses to use navigation aid structures for this purpose, he shall abide by the following requirements:

a. The Contractor shall advise the Commander, Fifth Coast Guard District, Aids to Navigation Branch, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704, in writing, of his intention to attach tide gauges to navigation aid and structures, prior to commencing a dredging project. This notice shall include the name of each aid to navigation to which tide gauges are to be attached, and the anticipated dates the gauges will be attached and removed. A copy of this notice shall be furnished at this time to the Contracting Officer.

b. The Contractor shall be required to remove any temporary tide gauges immediately upon completion of dredging operations and demobilization of dredging plant. The Contractor shall at his expense repair or replace any aids that he has damaged or destroyed as a result of the Contractor's use of such aids.

c. This provision refers only to Federal aids to navigation structures and does not authorize the Contractor to utilize aids that are not established and maintained by the U. S. Coast Guard. This provision also does not authorize the Contractor to utilize Federal navigation aid structures for any purposes other than the support of temporary tide gauges.

1.15 ENVIRONMENTAL LITIGATION

1.15.1 Litigation

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the "Suspension of Work" clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be

SECTION 01 14 00 Page 12 made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof. The term "environmental litigation" means, a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.16 HISTORICAL AND ARCHAEOLOGICAL FINDS

Federal legislation provides for the protection, preservation, and collection of scientific, prehistoric, historic, and archaeological data, including relics and specimens that might otherwise be lost as a result of any Federal construction project. Should the Contractor, or any of the Contractor's employees, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible scientific, prehistoric, historic, or archaeological data, the Contractor shall immediately cease work at that location, and notify the Contracting Officer, giving the location and nature of the findings. The Contractor shall forward written confirmation to the Contracting Officer as directed. The Contractor shall exercise care so as not to disturb or damage shipwrecks, artifacts or fossils uncovered during excavation, dredging and material placement operations, and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition. Any person who, without written permission, injures, destroys, excavates, appropriates, moves or removes any historic or prehistoric artifact, object of antiquity, or archaeological resource is subject to arrest and penalty of law. Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance or changes in the work, or both. If such delays or changes are ordered, an equitable adjustment will be made in accordance with the applicable clauses of the contract.

1.17 PROFIT

1.17.1 Weighted Guidelines

Weighted guidelines method of determining profit shall be used on any equitable adjustment change order or modification issued under this contract. The profit factors, expressed as a percent, shall be as follows:

Factor Rate Weight Value

Degree of Risk 20 Relative difficulty of work 15 Size of Job 15 Period of performance 15 Contractor's investment 5 Assistance by Government 5 Subcontracting 25

1.17.2 Values

Based on the circumstances of each procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. The value shall be obtained by multiplying the rate by the weight. The value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

SECTION 01 14 00 Page 13

1.17.2.1 Degree of Risk

Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items will have, generally, a higher weighted value than the unit price items for which quantities are provided. Other things to consider: the portion of the work to be done by subcontractors, nature of work, where work is to be performed, reasonableness of negotiated costs, amount of labor included in costs, and whether the negotiation is before or after performance of work.

1.17.2.2 Relative Difficulty of Work

If the work is most difficult and complex, the weighting should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk. Some things to consider: the nature of the work, by whom it is to be done, where, and what is the time schedule.

1.17.2.3 Size of Job

All work not in excess of $100,000 shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05.

1.17.2.4 Periods of Performance

Jobs in excess of 24 months are to be weighted at .12. Jobs of lesser duration are to be proportionately weighted to a minimum of .03 for jobs not to exceed 30 days. No weight where additional time not required.

1.17.2.5 Contractor's Investment

To be weighted from .03 to .12 on the basis of below average, average, and above average. Things to consider: amount of subcontracting, mobilization payment item, Government furnished property, equipment and facilities, and expediting assistance.

1.17.2.6 Assistance by Government

To be weighted from .12 to .03 on the basis of average to above average.

Things to consider: use of Government owned property, equipment and facilities, and expediting assistance.

1.17.2.7 Subcontracting

Shall be weighted inversely proportional to the amount of subcontracting.

Where 80 percent or more of the work is to be subcontracted, the weighting is to be .03 and such weighting proportionately increased to .12 where all the work is performed by the Contractor's own forces.

1.18 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done correctly, within budget, and on time. This partnership would be bilateral in make-up and partnership will be totally voluntary. Any cost associated with effectuating this

SECTION 01 14 00 Page 14 partnership will be agreed to by all parties and will be shared equally with no change in contract price.

1.19 SUBCONTRACTS AND WORK COORDINATION

Contract Clauses "SUBCONTRACTS", "PERMITS AND RESPONSIBILITIES", and "MATERIAL AND WORKMANSHIP" are supplemented as follows:

(a) Divisions or sections of specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit work performed by any trade.

(b) Contractor shall be responsible for coordination of the work of the trades, subcontractors, and materials.

(c) The Government or its representative will not undertake to settle any difference between the Contractor and Contractor's subcontractors, or between subcontractors.

(d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Corps of Engineers projects, or for any other reason is considered by the Contracting Officer to be incompetent or otherwise objectionable.

1.20 ACCOMMODATIONS ABOARD DREDGE FOR CONSTRUCTION

REPRESENTATIVES

1.20.1 Accommodations

(a) Work Space - The Contractor shall furnish regularly to Government construction representatives on board the dredge a suitable working and storage space, equipped and maintained to the satisfaction of the Contracting Officer or his representative. As a minimum the facilities shall include a desk with chair for plan study, and a file drawer, approximately 15" by 24", capable of being locked with a padlock. The working space need not be a separate room, but shall be properly lighted, ventilated, and heated.

1.20.2 Costs

The entire cost to the Contractor for furnishing, equipping, and maintaining the foregoing accommodations shall be included in the contract price. If the Contractor fails to meet these requirements, the Contracting Officer will secure the facilities referred to above, and their costs will be deducted from payments due to the Contractor.

1.21 CONTINUITY OF WORK

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is secured in the whole of such area, unless prevented by ledge rock, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured, except by decision of the Contracting Officer. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when, for any reason, the gauges or ranges cannot be

SECTION 01 14 00 Page 15 seen or properly followed.

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

SECTION 01 14 00 Page 16

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

09/09

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 LUMP SUM PAYMENT ITEMS

1.3.1 Payment Item No. 0001 Mobilization and Demobilization

1.3.1.1 Mobilization

1.3.1.2 Demobilization

1.4 UNIT PRICE PAYMENT ITEMS

1.4.1 Payment Item No. 0002 Dredging

1.5 MISPLACED MATERIAL

1.6 EXCESSIVE DREDGING

1.7 MONTHLY PARTIAL PAYMENTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 22 00 Page 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

09/09

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.

ENGINEERING MANUALS, U.S. ARMY

EM 1110-2-1003 (2002) Hydrographic Surveying Manual;

Change 1 2004

1.2 SUBMITTALS

Not Used.

1.3 LUMP SUM PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum 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 lump sum 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.

1.3.1 Payment Item No. 0001 Mobilization and Demobilization

All costs connected with the mobilization and demobilization of all of the Contractor's dredging plant and equipment as defined below will be paid for at the contract lump sum price for this item. Sixty percent of the lump sum price will be paid to the Contractor upon completion of his mobilization at the work site. The remaining forty percent will be paid to the Contractor upon completion of demobilization. In the event the Contracting Officer considers that the amount in this item, sixty percent which represents mobilization and forty percent which represents demobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer may require the Contractor to produce cost data to justify this portion of the bid. Failure to justify such price to the satisfaction of the Contracting Officer will result in payment of actual mobilization costs, as determined by the Contracting Officer, at the completion of mobilization, and actual demobilization costs, as determined by the Contracting Officer, at the completion of demobilization. The determination of the Contracting Officer is not subject to appeal.

SECTION 01 22 00 Page 2

1.3.1.1 Mobilization

Mobilization shall include all costs for operations accomplished prior to commencement of actual dredging operations. This shall include as a minimum the following:

a. Transfer of dredge and attendant plant, bulldozers and backhoes, and other like equipment and machinery.

b. All costs for any other associated work that is necessary in advance of the actual dredging operations.

1.3.1.2 Demobilization

Demobilization shall include general preparation for transfer of plant to its home base.

1.4 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.

1.4.1 Payment Item No. 0002 Dredging

Payment to be made for all costs associated with dredging shall include the cost of removal, transportation and disposal of dredged material in the placement area, exclusive of the mobilization and demobilization as defined above. The total amount of material removed and to be paid for under this payment item will be measured by the cubic yard in place by computing the volume between the bottom surface shown by soundings of the last surveys made before dredging, and the bottom surface shown by the soundings of surveys made as soon as practicable after the work has been completed. The volume for measurement and payment shall include the material within the limits of overdepth and side slopes described in paragraph "Required Dredging Prism, Overdepth, and Side Slopes" of SECTION 35 20 23, less any deductions that may be required for misplaced material described in subparagraph "Misplaced Material", below. The drawings are believed to accurately represent conditions at the time of the surveys indicated. New soundings will be taken immediately before dredging as specified in paragraph "Before Dredging Surveys" of SECTION 01 14 00. The Contractor's unit price for dredging, based on the above method of computation of the quantity for payment, shall include his evaluation of shoaling, other natural changes in the waterway, or changes caused by the Contractor's operations that might occur during the period between the surveys before dredging and the surveys for acceptance of the work. Computations for payment purposes will be made by the Government for the scheduled dredging using, as defined in the USACE Hydrographic Survey Manual EM 1110-2-1003, the Average End Area (AEA) method, Triangulated Irregular Network (TIN) method, or a combination of these methods at the discretion of the Government, utilizing electronic data processing software and machines for the calculations. Determination of quantities removed and the deductions made to determine quantities in place to be paid for in the areas specified, after having once been made, will not be reopened except on evidence of collusion, fraud, or obvious error.

SECTION 01 22 00 Page 3

1.5 MISPLACED MATERIAL

Any material that is deposited elsewhere than in places designated or approved by the Contracting Officer will not be paid for, and the Contractor may be required to remove such misplaced material and deposit it where directed by the Contracting Officer at the Contractor's expense.

1.6 EXCESSIVE DREDGING

Material taken from outside the specific areas to be dredged or beyond the limits as extended in paragraph "Required Dredging Prism, Overdepth, and Side Slopes" will be considered as excessive overdepth dredging, or excessive side slope dredging, for which payment will not be made. Nothing in these specifications shall be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of Paragraphs SHOALING and FINAL EXAMINATION AND ACCEPTANCE of Section 01005.

1.7 MONTHLY PARTIAL PAYMENTS

Monthly partial payments will be based on estimated quantities determined by the Contracting Officer.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 22 00 Page 4

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 31 19

PROJECT MEETINGS

09/09

PART 1 GENERAL

1.1 SUBMITTALS…