W11B0006.pdf

SPECIFICATIONS

FOR

NEW WORK DREDGING

U.S. NAVY DEEPENING

NORFOLK NAVAL SHIPYARD TO

LAMBERT BEND

HAMPTON ROADS, 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 00 20 TIDAL ZONING

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 26 GOVERNMENTAL SAFETY 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 PERMIT (DRAFT)

DIVISIONS 02 THROUGH 34 - THESE DIVISIONS NOT USED

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 29 30 NATIONAL DREDGING QUALITY MANAGEMENT SCOWS - ULLAGE

DIVISIONS 36 THROUGH 48 - THESE DIVISIONS NOT USED

ATTACHEMENTS INCLUDED BELOW ARE FOR INFORMATION ONLY. THE

CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DETERMINATIONS OR

CONCLUSIONS OBTAINED FROM THE INFORMATION PROVIDED:

Report of Subsurface Exploration, Laboratory Testing, and Geotechnical Engineering Evaluation

Addendum to Report of Subsurface Exploration, Laboratory Testing, and Geotechnical Engineering Evaluation

U.S. NAVY DEEPENING, NORFOLK NAVAL SHIPYARD TO LAMBERT BEND NHDEEP11

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 15

LIST OF DRAWINGS

10/10

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

10/10

PART 1 GENERAL

1.1 INDEX OF CONTRACT DRAWINGS

The list of drawings below are included at the end of this SECTION and are included as a part to this Solicitation.

Norfolk District File No. Title

H-10-10-264(1) TITLE SHEET

H-10-10-264(2) INDEX SHEET

H-10-10-264(3) MAPPING SHEET

H-10-10-264(4) MAPPING SHEET

H-10-10-264(5) MAPPING SHEET

H-10-10-264(6) MAPPING SHEET

H-10-10-264(7) MAPPING SHEET

H-10-10-264(8) MAPPING SHEET

H-10-10-264(9) MAPPING SHEET

H-10-10-264(10) DETAIL SHEET

H-10-10-264(11) CROSS SECTIONS

H-10-10-264(12) 2008 BORING LOGS

H-10-10-264(13) 2008 BORING LOGS

H-10-10-264(14) 2008 BORING LOGS

H-10-10-264(15) 2008 BORING LOGS

H-10-10-264(16) 2008 BORING LOGS

H-10-10-264(17) 2008 BORING LOGS

H-10-10-264(18) 2008 BORING LOGS

H-10-10-264(19) 2007 BORING LOGS

H-10-10-264(20) 2007 BORING LOGS

H-10-10-264(21) 2007 BORING LOGS

H-10-10-264(22) 2007 BORING LOGS

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 00 20

TIDAL ZONING

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PART 1 GENERAL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

SECTION 01 00 20 Page 1

SECTION 01 00 20

TIDAL ZONING

12/10

PART 1 GENERAL

Gauges based on data obtained from NOS gauge station at Sewells Point:

Station Range Time Height Ratio Zone 0+00 to 236+00 +12 Min 1.13 JR 38 237+00 to 333+09 +6 Min 1.09 JR 35

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

SECTION 01 00 20 Page 2

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 14 00

SPECIAL WORK CONDITIONS

12/10

PART 1 GENERAL

1.1 SUBMITTALS

1.2 CONTRACTOR'S NOTIFICATIONS

1.2.1 Dredging Intent Notifications to the Virginia Department of

Environmental Quality and U.S. Coast Guard

1.3 REFERENCES

1.4 CONTRACTOR WORK REQUIREMENTS

1.4.1 Security and Public Safety of Work Areas

1.4.2 Noise Control and Abatement

1.4.3 Coordination with Other Contractors

1.4.4 Acceptance Sections

1.4.5 Before Dredging Surveys

1.4.6 Final Examination and Acceptance

1.5 SPECIAL REQUIREMENTS FOR DREDGING OPERATIONS IN VICINITY OF

RESTRICTED AREAS

1.6 SPECIAL REQUIREMENTS FOR CONDUCTING WORK AT CRANEY ISLAND DREDGED

MATERIAL MANAGEMENT AREA

1.6.1 Personnel Restrictions

1.6.2 Transportation Restrictions

1.6.3 Methane Gas Hazard

1.7 PHYSICAL DATA

1.7.1 Physical Conditions Information

1.7.2 Site Related Weather Conditions

1.7.3 Obstruction of Channel

1.7.4 Responsibility

1.7.5 Condition of Dredging Area

1.7.6 Channel Traffic

1.7.7 Oyster Grounds and Tidal Wetlands

1.7.8 Utility Crossings

1.8 PUMPING OF BILGES

1.9 FUEL OIL TRANSFER OPERATIONS

1.10 LAYOUT OF WORK AND SURVEYS

1.10.1 General

1.10.1.1 Dredge Electronic Survey and Positioning Systems

1.10.2 Benchmarks And Responsibility For Tidal Measurements

1.10.2.1 Tidal Reference Station

1.10.2.2 Tidal Reference Station System Malfunctions

1.10.2.3 Responsibility for Tide Measurements

1.11 INSPECTION

1.11.1 General Inspection Requirements

1.12 SHOALING

1.12.1 Shoaling Prior to Dredging

1.12.2 Shoaling Subsequent to Dredging

1.13 SIGNAL LIGHTS

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

SECTION 01 14 00 Page 1

1.14.1 Costs

1.14.2 Rentals

1.14.3 Data

1.15 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

1.15.1 Radio

1.16 SPECIAL COAST GUARD REQUIREMENTS

1.16.1 Local Notice To Mariners

1.16.2 Relocation of Navigation Aids

1.16.3 Use of Coast Guard Navigation Aid Structures

1.17 ENVIRONMENTAL LITIGATION

1.17.1 Litigation

1.18 HISTORICAL AND ARCHAEOLOGICAL FINDS

1.19 PROFIT

1.19.1 Weighted Guidelines

1.19.2 Values

1.19.2.1 Degree of Risk

1.19.2.2 Relative Difficulty of Work

1.19.2.3 Size of Job

1.19.2.4 Periods of Performance

1.19.2.5 Contractor's Investment

1.19.2.6 Assistance by Government

1.19.2.7 Subcontracting

1.20 PARTNERING

1.21 SUBCONTRACTS AND WORK COORDINATION

1.22 ACCOMMODATIONS ABOARD DREDGE FOR CONSTRUCTION REPRESENTATIVES

1.22.1 Accommodations

1.22.2 Costs

1.23 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

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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 the Virginia Department of Environmental Quality and U.S. Coast Guard

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

* Designated Acceptance Section Plan; G

The Governemnt has specified Designated Acceptance Sections for completion of the scheduled work. The Contractor's Dredging and Dredged Material Placement Plan and Progress Schedule shall be coordinated with this requirement for completing the scheduled work in suitable sections as designated for timely acceptance by the Government.

* Advance Notice for Dredging

The Contractor's written Advance Notice for Dredging will also constitute his request for Before Dredging Surveys.

* After Dredging Survey Requests

The Contractor's After Dredging Survey Request will constitute his request for After Dredging Surveys.

1.2 CONTRACTOR'S NOTIFICATIONS

A Dredging Intent Notification shall be prepared and sent to the agencies identified below identifying the dredging locations, placement areas, and

SECTION 01 14 00 Page 3 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 Virginia Water Protection (VWP) Permit Number on all Notifications sent to an agency.

1.2.1 Dredging Intent Notifications to the Virginia Department of Environmental Quality and U.S. Coast Guard

a. Dredging Intent Notification to the Virginia Department of Environmental Quality

The Contractor shall notify the Virginia Department of Environmental Quality, attention Bert Parolari, 5636 Southern Boulevard, Virginia Beach, Virginia 23462, in writing, at least 15 calendar days prior to commencement of dredging operations under this contract.

b. Dredging Intent Notification 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 Hydrographic Surveying Manual

1.4 CONTRACTOR WORK REQUIREMENTS

The Contractor shall perform the scheduled dredging work in accordance with all requirements as specified herein and as identified in the environmental permits and on the contract drawings. The work consists of dredging by hydraulic dredge, bucket/clamshell dredge, or a combination of hydraulic and bucket/clamshell dredge to the required depth(s) indicated. Dredged material shall be transported by pipeline for hydraulic dredge or by hydraulic barge unloaders for bucket/clamshell dredge and placed in the upland placement area at the Craney Island Dredged Material Management Area as indicated. The Contractor is advised that any deviations from the construction methods and procedures indicated and as specified that are not prior-approved in writing by the Contracting Officer, and any non-compliance with or violation of the conditions stated in the environmental permit, shall be cause for the Contracting Officer issuing a stop work order. Any stop work orders issued for these causes will not be

SECTION 01 14 00 Page 4 subject to time extensions or cost recovery by the Contractor. Any non-compliance with or violation of the conditions stated in the permits noted herein may result in revocation of the permits for the project and may result in criminal and civil penalties against the Contractor.

1.4.1 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. The Contractor shall employ the use of signs, barricades, barriers, flagmen, and any other devices and measures required to insure public and worker safety at the dredging and placement areas at all times. Unless directed otherwise, the Contractor may perform the scheduled dredging work 24 hours a day, 7 days a week. During actual dredging and material placement operations, the Contractor shall insure adequate monitoring of operations by competent employees at the placement areas and contact with the dredge by monitoring personnel is maintained at all times. All lighting associated with the project shall be limited to the immediate area of active construction only.

1.4.2 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.

1.4.3 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.

1.4.4 Acceptance Sections

The Government has specified Designated Acceptance Sections for completion of the scheduled work. Prior to the Contractor's submission of a request for a before dredging survey and any dredging, the Contractor shall submit his Designated Acceptance Section Plan to designate the timeliness to complete the designated acceptance sections in the order as designated for the type and number of plant to be used in the dredging work. The Contractor Designated Acceptance Section Plan shall be submitted to the Contracting Officer in accordance with SECTION 01 45 00 for review and approval. The Contractor shall accomplish the complete dredging of each designated acceptance section in accordance with the approved Designated Acceptance Section Plan and the paragraph entitled "CONTINUITY OF WORK" of

SECTION 01 14 00 Page 5 this section.

1.4.5 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.

1.4.6 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 seven calendar days 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. 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.

1.5 SPECIAL REQUIREMENTS FOR DREDGING OPERATIONS IN VICINITY OF RESTRICTED

AREAS

The Contractor may require access into designated restricted areas to perform work operations. The Contractor is informed the restricted areas in vicinity of the work areas are defined in Code of Federal Regulations, Title 33 - Navigation and Navigable Waters, Chapter II - Corps of Engineers, department of the Army, Part 334 - DANGER ZONE AND RESTRICTED AREA REGULATIONS. Unauthorized vessels entering any RESTRICTED AREA may encounter USE OF FORCE procedures by patrolling security vessels. The Contractor is informed permission to enter the area and rules to follow in

SECTION 01 14 00 Page 6 gaining access within the restricted area is the responsibility of the Contractor. All costs and coordination for access to any RESTRICTED AREA shall be at the responsibility of the Contractor.

1.6 SPECIAL REQUIREMENTS FOR CONDUCTING WORK AT CRANEY ISLAND DREDGED

MATERIAL MANAGEMENT AREA

All activities at Craney Island Dredged Material Management Area shall be conducted in accordance with Norfolk District Regulation DR 1130-2-4 that is available for review at the Craney Island Reservation Office. Point of contact for review of the Regulation or to visit the site is Samuel E.

McGee III, telephone (757) 484-1021. The government retains ownership of all materials deposited within the disposal area. The removal of scrap iron, steel, or any other material for personal use is prohibited.

1.6.1 Personnel Restrictions

Personnel working at Craney Island are limited to the immediate site areas where work is to be performed and shall not enter buildings or facilities not involved in the work. All employees of the Contractor will be subject to all rules and regulations of the Craney Island Dredged Material Management Area which pertain to personnel.

1.6.2 Transportation Restrictions

Craney Island is served by an all weather surfaced road network; except, at the diked placement area which is compacted earth. Roads within the Craney Island reservation proposed to be used by the Contractor shall be subject to prior approval of the Facility Manager and such roads, if used, shall be maintained throughout construction and restored to as good condition as existed prior to their use. Other roads may be used only with the approval of the Facility Manager. 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’s vehicles shall at no time follow a vehicle closer than 50 feet, and all vehicles shall pull off the road and come to a complete stop when meeting emergency vehicles and vehicles with flashing lights. Craney Island speed limits and traffic controls shall be observed. All costs for the use of existing transportation facilities, and for the removal of temporary construction and subsequent restoration, shall be borne by the Contractor.

1.6.3 Methane Gas Hazard

Low pressure subterranean methane gas is continuously present at Craney Island. Open-flame, including smoking, and operation of spark producing devices will not be allowed within 50 feet of earthwork or dredging operations.

1.7 PHYSICAL DATA

1.7.1 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 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. The approximate mean range of

SECTION 01 14 00 Page 7 tide is noted on the respective drawings.

1.7.2 Site Related Weather Conditions

The locations of the work are in the open waters of Hampton Roads;

accordingly, the Contractor shall anticipate that severe weather conditions may occasionally interfere with the progress of work. The area is tidal with a mean range of tide of approximately 2.43 feet at Sewells Point;

however, currents are normally not of a 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.

1.7.3 Obstruction of Channel

The Government will not undertake to keep the area of channels 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 the 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 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.

1.7.4 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.

1.7.5 Condition of Dredging Area

The plans for dredging show the condition of the dredging area(s) at the dates shown. The dredging area may contain trash, debris, and small obstructions not shown on the plans for dredging.

1.7.6 Channel Traffic

Traffic in the Channel consists of a wide variety of types and sizes of vessels, including large deep-draft commercial bulk carriers, tankers, container vessels, and Naval vessels. Traffic will also include various light-to-medium draft bay and sea-going vessels, tugs, barges, scows and pleasure craft of all sizes. The contractor is informed that channel traffic may cause some interruptions of his operations and delays in the progress of work.

1.7.7 Oyster Grounds and Tidal Wetlands

There are no known oyster grounds in the vicinity of the areas to be dredged; however, tidal wetlands are in the vicinity of the placement

SECTION 01 14 00 Page 8 area.

1.7.8 Utility Crossings

There are numerous known cables and pipes across the area to be dredged and their locations are indicated. The Contractor is informed that work in vicinity of these locations must be accomplished without dropping spuds or anchors within the area(s) where indicated. The Contractor's work operations shall be planned and accomplished in a manner to take all precautions as may be required at the expense of the Contractor against damages which might result from his operations in the vicinity of the utility crossings. If any damage occurs as a result of his operations, the Contractor will be required to suspend dredging until the damage is repaired and approved by the Contracting Officer. Costs of such repairs and downtime of the dredge and attendant plant shall be at the Contractor's expense.

1.8 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.

1.9 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.

1.10 LAYOUT OF WORK AND SURVEYS

1.10.1 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.

1.10.1.1 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

SECTION 01 14 00 Page 9 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 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.

1.10.2 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.

1.10.2.1 Tidal Reference Station

A tidal reference system, Continuous Operational Real-Time Monitoring System (CORMS) has been installed and is operated at Sewells Point by National Ocean Service (NOS), Center for Operational Oceanographic Products and Services (CO-OPS). The Contractor is informed there are Tide Correction Factors required to be factored into the readings and are provided for the Contractor's use in SECTION 01 00 20 of these specifications. The tidal reference station Sewells Point is used by the Government for obtaining accurate tide level measurements for the scheduled work at Norfolk Harbor Channel and must be used by the Contractor as indicated and specified. The Contractor can have access to the information from this tidal reference station from the NOS website @ http://tidesonline.nos.noaa.gov. To access their Water Level Stations on-line from their web page, go to the Selection for State Maps, Select Virginia, and go to Water Level Station 8638610 Sewells Point, VA. If the Contractor has questions on the data presented, or notices something that seems to be in error, contact CORMS operations at 301-713-2540, or e-mail corms@noaa.gov. The watchstander will address your question or refer you to another person in CO-OPS.

1.10.2.2 Tidal Reference Station System Malfunctions

In the event that the NOS tidal reference system is not in service, the Contractor shall immediately notify the Navigation Support and Survey Section, telephone (757) 201-7125, or FAX (757) 291-7664.

1.10.2.3 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.

1.11 INSPECTION

1.11.1 General Inspection Requirements

The presence of the construction representative shall not relieve the

SECTION 01 14 00 Page 10

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.

b. To furnish, on the request of the Contracting Officer or any construction representative, suitable transportation from all points within the placement area, to and from the various pieces of plant and the staging areas, and within the material placement area as may be reasonably necessary in inspecting and supervising the work. 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.

1.12 SHOALING

1.12.1 Shoaling Prior to Dredging

The drawings and quantity estimates are based on the condition of the dredging area 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 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".

1.12.2 Shoaling Subsequent to Dredging

If, before the contract is completed, 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.

1.13 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.

SECTION 01 14 00 Page 11

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.14.1 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.

1.14.2 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.

1.14.3 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 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.

1.15 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.

1.15.1 Radio

The Contractor shall provide the Government construction representative a portable radio capable of communicating with the dredge for the duration of

SECTION 01 14 00 Page 12 work under this contract. The Contractor shall maintain the radio as required.

1.16 SPECIAL COAST GUARD REQUIREMENTS

1.16.1 Local Notice To Mariners

The Local Notice To Mariners (LNM) for the Fifth Coast Guard District is available on the Internet at http://www.navcen.uscg.gov/lnm/d5/default.htm;

phone (757)398-6486; or e-mail to: william.r.jones@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.

1.16.2 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 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. The Contractor can contact the Coast Guard by phone at (757)398-6360, (757)398-6230, or facsimile (757)398-6303; however, all requests to relocate navigation aids must be in writing as specified. 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.

1.16.3 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

SECTION 01 14 00 Page 13 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.

1.17 ENVIRONMENTAL LITIGATION

1.17.1 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 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.

1.18 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

SECTION 01 14 00 Page 14 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.

1.19 PROFIT

1.19.1 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

1.19.2 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.

1.19.2.1 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.

1.19.2.2 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.

1.19.2.3 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

SECTION 01 14 00 Page 15 from .12 to .05.

1.19.2.4 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.

1.19.2.5 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.

1.19.2.6 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.

1.19.2.7 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.

1.20 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 partnership will be agreed to by all parties and will be shared equally with no change in contract price.

1.21 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

SECTION 01 14 00 Page 16

Officer to be incompetent or otherwise objectionable.

1.22 ACCOMMODATIONS ABOARD DREDGE FOR CONSTRUCTION

REPRESENTATIVES

1.22.1 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.

1.22.2 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.

1.23 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 seen or properly followed.

PART 2…