Amendment_0002_specification_attachments.pdf

SECTION 00010 - SUPPLIES OR SERVICES AND PRICES

ATTACHMENT TO ACCOMPANY AMENDMENT NO. 0001 TO IFB W912DR-19-B-0014,

REVISE JULY 16, 2019

UNIT PRICE SCHEDULE

Item Estimated No. Description Quantity Unit Price Amount

BASE BID ITEMS

0001 Reimbursement of

Performance and Payment Bonds

JOB

Lump Sum

0002 Mobilization and

Demobilization

JOB

Lump Sum

0003 Dredging – Brewerton Extension – Acceptance Section 1 -Sta 00+200 to 20+000 to 36’ plus 1 foot overdepth

475,000

C.Y. $_______ $________

0004 Dredging – Brewerton Extension – Acceptance Section 2 -Sta 20+000 to 33+650 to 36’ plus 1 foot

475,000

0005 Dredging – Tolchester Channel – Acceptance Section 3 -Sta 1+200 to 23+000 to 36’ plus 1 foot

750,000

0006 Dredging – Tolchester Channel – Acceptance Section 4 -Sta 27+200 to 50+600 to 36’ plus 1 foot

455,000

TOTAL ESTIMATED BASE BID AMOUNT $ _

SECTION 00010 - SUPPLIES OR SERVICES AND PRICES

UNIT PRICE SCHEDULE

Item Estimated No. Description Quantity Unit Price Amount

OPTIONAL BID ITEMS

0007 Dredging – Brewerton Channel – Acceptance Section 5 –Sta 65+000 to 82+800 to 51’ plus 1 foot overdepth

305,000

C.Y. $______ $________

Dredging – Brewerton Angle – Acceptance Section 6 – Sta 82+800 to 88+600 to 51’ plus 1 foot overdepth

Dredging – Northwest Branch East Channel – Acceptance Section 7 – Sta 110+700 to 113+900 to 50’ plus 1 foot

170,000

160,000

C.Y.

Tipping Fee

635,000

$9.63

$6,115,050

TOTAL ESTIMATED BASE AND OPTION BID AMOUNT $ _

NOTES TO OFFERERS

Offerers must quote on all items including the Optional Item. Failure to quote on all items may be cause for rejection of the proposal. The Optional Item may be exercised at any time within 90 calendar days after Notice to Proceed. The Contracting Officer may exercise the Optional Item by written notice to the Contractor, postmarked within the period specified above.

The Government may or may not exercise the Optional Item. No additional construction time will be allowed if the Option Item is exercised.

EVALUATION OF OPTIONS:

Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

VARIATION IN ESTIMATED QUANTITIES. If the quantity of a unit-price item in this contract is an estimated quantity and the actual quantity of the unit-price item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(FAR 52.211-18 APR 1984)

Baltimore Harbor Maintenance Dredging of MD Channels FY19/20 BALHAR19

SECTION 35 20 23

DREDGING

REVISED 07/16/2019

PART 1 SPECIAL CLAUSES

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

The Contractor will be required to commence work under this contract within 10 calendar days and to commence dredging work under this contract within 30 calendar days after the date of receipt by him of notice to proceed.

The Contractor will also be required to prosecute said work diligently and to complete the base contract work ready for use not later than 190 calendar days after the date of receipt by him of notice to proceed.

Additional mobilization and demobilization costs if an extension is granted beyond the contract performance period will be the responsibility of the Contractor. The layout stationing for Acceptance Sections, are shown on the contract plans. The time stated for completion shall include final clean up of the premises. Should the total quantity of material to be paid for actually removed under the contract exceed the limit established in Special Clauses, PARAGRAPH: "Variation in Estimated Quantity", additional time will be allowed at the rate of one calendar day for each 15,000 cubic yards in excess of the established limit. The time stated for completion shall include final clean up of the premises.

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Title Evidence

Proof of purchase for equipment and/or materials.

Invoice Copies

Proof of rental equipment costs.

Payment Evidence

Proof of full payment.

SECTION 35 20 23 Page 1

Accident Prevention Program; G, OP

Within 7 calendar days after receipt of Notice to Proceed the Contractor shall furnish his Accident Prevention Program and three copies thereof to the Contracting Officer or his authorized representative for review and approval.

Quality Control Plan; G, OP

Prior to the start of dredging, the Contractor shall furnish his QC plan to the Contracting Officer for approval.

Dredge Material Spill Containment Plan; G, OP

Prior to any material being place at the Poplar Island Disposal Site the Contractor shall furnish his Dredge Material Spill Containment Plan and three copies thereof to the Contracting Officer or his authorized representative for review and approval.

Fuel Spill Control Plan; G, OP

The Contractor must submit a fuel spill control plan to the Contracting Officer for approval before commencing unloading operations, including plans for recovery of any spilled fuels or lubricants.

SD-03 Product Data

Cost or Pricing Data

Proof of actual equipment costs.

Equipment Data

An itemized list of serial/model numbers and equipment installed by the Contractor under this contract..

SD-05 Design Data

Progress Schedule; G, OP.

A schedule that shows the manner in which the Contractor intends to prosecute the work.

1.4 ESTIMATED QUANTITIES

The total estimated quantities of materials required to be removed from within the specified limits, as shown on the drawings in addition to the allowable overdepth dredging are shown in following table.

Estimated Quantities

Cubic Yards Place Measurement

SECTION 35 20 23 Page 2

Base Contract

Acceptance Section

Station to Station

Required Depth

FT Below

MLLW

Allowable OverDepth FT Below

MLLW

Required Dredging

CY

Allowable Overdepth Dredging

CY

Total CY (Required

Allowable Overdepth)

1 Brewerton Eastern

Extension 0+200 to

20+000

36 37 215,000 260,000 475,000

2 Brewerton Eastern

Extension 20+000 to

33+650

36 37 215,000 260,000 475,000

3 Tolchester Channel

-1+200 to 23+000

36 37 410,000 340,000 750,000

4 Tolchester Channel

27+200 to 50+600

36 37 305,000 150,000 455,000

Option Contract

5 Brewerton Channel

65+000 to 82+800

51 52 135,000 170,000 305,000

6 Brewerton Angle

82+800 to 88+600

51 52 75,000 95,000 170,000

7 Northwest Branch

East Channel

110+700 to 113+900

50 51 100,000 60,000 160,000

TOTAL

CONTRACT 1,455,000 1,335,000 2,790,000

1.5 PHYSICAL DATA

Information and data furnished or referred to below are furnished for information only and it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn therefore by the Contractor. (CENAB EN 1984 APR)

SECTION 35 20 23 Page 3

1.5.1 Physical Conditions

The physical conditions indicated on the drawings and in the specifications are the result of site investigations by surveys. Records of previous dredging of the existing Federal channel indicate that the material to be removed by maintenance dredging consists principally of silt, mud, gravel, sand, clay, shell and combinations thereof. Prospective bidders are strongly urged to examine the material and assure themselves that they have made the best possible evaluation of the subsurface conditions. Bidders should form their own conclusions from this examination prior to submission of their bids. The Contractor may arrange to review any available dredging reports for new work and/or maintenance dredging of the channels performed by Contractors in the past, by contacting the Baltimore District, Operations Division at (410) 962-5677.

1.5.2 Shellfish Areas

Shellfish areas exist adjacent to the channels to be dredged and along the access route to the Poplar Island Environmental Restoration Project.

Dredging and towing operations shall be conducted in such a manner as to avoid possible damage to these grounds. The Contractor shall not conduct any operations in any shellfish or crabbing areas without obtaining approval from the Maryland Department of Natural Resources. Any approved towing routes shall be properly marked and lighted with aids to navigation and coordinated with the Maryland Waterman's Association (Mr. Blair Blautus

- 410-952-6249 (cell), 410-391-6277 (home)). All vessels including crew boats shall be required to use these routes when navigating through shellfish and crabbing areas. The Contractor is cautioned to exercise due care and precaution in dredging and any other operations attendant with dredging (such as the construction of trestles; the movement and anchoring of barges, vessels, or other equipment; the placing, moving or dragging of anchors, and leaking pipelines) to prevent damage to all oyster and crabbing grounds. The Contractor shall hold and save harmless the United States, its officers and employees, from all claims that may arise resulting from the Contractor's negligence in connection with the work to be performed under the contract, or from noncompliance by the Contractor with the provisions of the contract drawings and specifications and/or the instructions of the Contracting Officer.

1.5.3 Weather Conditions

Complete weather records and reports may be obtained from the U.S. Weather Bureau. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the dredging period. The site of work is exposed, and suspension of work may at times be necessary during extreme storm periods. The Contractor should expect icing of the channels and in the vicinity of the placement sites from December through February. Tidal currents are not of sufficient velocity to have a serious adverse effect on dredging operations. The mean range of tide is 1.2 foot at Poplar Island, with greater fluctuations occurring during storm periods.

1.5.4 Transportation Facilities

The areas to be dredged and the Poplar Island Environmental Restoration Project are accessible by water only. The Contractor's personnel may access the Masonville Facility by Childs Street but all dredge plant, including pipeline and pumping, and associated equipment, except for the office trailer required under this contract shall be be delivered by water or helicopter. The Baltimore Metropolitan Area is well served by railroads

SECTION 35 20 23 Page 4 and primary and secondary roads. Baltimore Washington International Airport is located just south of Baltimore. The Contractor shall make his own investigation of transportation facilities in the vicinity of the work.

1.5.5 Conditions of Channel

The best information available as to the present condition of the channels is shown on the drawings. The drawings show the condition of the channels at the time of the most recent surveys. The depths will be verified by surveys conducted by the Government immediately before dredging. Brewerton Eastern Extension was last dredged in 2016 to 37' MLLW. Tolchester Channel was last dredged in 2013 to 37' MLLW. Brewerton Angle was last dredged in 2017 to 52' MLLW. Brewerton Channel was last dredged in 2014 to 52' MLLW.

Northwest Branch East Channel was last dredged in 2010 to 51' MLLW.

1.5.6 Channel Traffic

Channel traffic consists of large commercial vessels, tugs, barges, commercial seafood boats, oil barges, recreational craft, etc. and may cause minor delays to the dredging operations.

1.5.7 Obstructions General

1.5.7.1 Obstruction of Channel

The Government will not undertake to keep the channel 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 8 August 1917. The Contractor shall conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's 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 vessels to such an extent as may be necessary to afford a practicable passage.

Upon completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the contract in navigable waters or on shore. The Contractor is requested to obstain from using dredges that operate on wire anchors in the angles as it creates a safety hazard for vessels attempting to pass in the channel.

1.5.7.2 Obstruction Identification

Obstructions and debris which have been identified are indicated on the contract drawings. The Contractor may encounter obstructions or other debris not indicated on the contract drawings. Any obstruction or other debris, whether indicated on the contract drawings or discovered by the Contractor, shall be removed by the Contractor if such obstruction or debris lie at or above the required mean lower low water (NOS) dredging depth within the contract dredging area, in accordance with Paragraph: " Obstruction Removal".

1.5.7.3 Obstruction Removal

Obstructions and debris can be expected to be encountered during dredging and the Contractor shall remove any obstructions or debris which lie at or above the required mean lower low water dredging depth (NOS) within the contract area, when so directed by the Contracting Officer. The Contractor shall identify, locate, and remove, at the contract unit price, those obstructions normally encountered, such as sunken navigation buoys, ground

SECTION 35 20 23 Page 5 tackle (chains, cables, etc.), buoy sinkers up to 20,000 pounds in weight, tires, lumber piles, and similar obstructions. The Contractor shall be required to dispose of all debris at an approved location. The disposal of debris will not be permitted at Poplar Island. The Contractor shall advise the Contracting Officer of any unusual obstructions encountered, such as embedded wreckage or explosive ordnance. The Contracting Officer shall not endeavor to locate, identify, survey, sweep, or in any other way assist in the identification or removal of obstructions or debris.

1.5.8 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 by the contractor in order to complete dredging operations under this contract, the Contractor shall notify the Commanding AON, Fifth U.S. Coast Guard District, Office of Aids to Navigation, Portsmouth Virginia 23705, Attn: Albert Grimes (757)398-6360, in writing with a copy to the Contracting Officer or his authorized representative not less than 45 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.

1.5.9 Laying of Submerged Pipe Lines and Obstruction of Channel

Should it become necessary in the performance of this contract to use a submerged pipeline across a navigable channel the Contractor shall notify the Contracting Officer and the U.S. Coast Guard 5th District in writing to be received in the District Offices at least 21 calendar days prior to the desired closure date.

This notification shall furnish the following:

(1) Location (Channel Centerline Stationing) and depth (over the top of the pipeline) at which the submerged line will be placed.

(2) The desired length of time the channel is to be closed.

(3) The date and hour placement or removal will commence.

(4) The date and hour of anticipated completion.

1.5.10 Notice To Mariners

Should the Contractor, during dredging operations, encounter any objects on the channel bottom which could be a hazard to navigation, he shall notify the Contracting Officer immediately as to the location of said object and any other pertinent information necessary for the Contracting Officer to put out a Notice to Mariners.

1.5.11 Bridge to Bridge Radio Communication

The Contractor is required to monitor both channels 13 and 16.

1.5.11.1 Channel 13

The master, operator, or designated pilot of the vessel must maintain a listening watch on the designated bridge-to-bridge frequency while underway on the navigable waters of the United States. The designated frequency is VHF-FM Channel 13. The person maintaining the watch also must be able to

SECTION 35 20 23 Page 6 communicate in English.

1.5.11.2 Channel 16

In addition to the Channel 13 watch, vessels must keep a continuous watch on VHF-FM Channel 16 (International Distress and Calling Channel) while underway, except when transmitting or receiving traffic on other VHF-FM channels (e.g., vessels may switch to other channels to pass traffic, listen to weather reports, etc.) or when participating in and monitoring a VTS channel. While not required to have a VHF-FM radio on board (Voluntary Ship Stations), vessels not subject to the bridge-to-bridge regulations must maintain a watch on Channel 16 whenever the radio, if onboard, is operating (i.e., energized) and is not being used to communicate on other channels.

1.5.12 Notification of the U.S. Coast Guard

Prior to commencement of work on this contract, the Contractor shall notify the Commander, Fifth Coast Guard District in writing with a copy furnished the Contracting Officer, of his intended operations to dredge and request that it be published in the Local Notice to Mariners. This notification must be given in sufficient time so that it appears in the Notice to Mariners at least two weeks prior to the commencement of this dredging operation.

1.6 LAYOUT OF WORK: (1965 APR OCE)

(a) The Contractor shall be responsible for the layout of his work. The Government will furnish the channel centerline coordinates and bearings at the beginning point, at each point where the channel changes direction, and at the ending point; and the channel toe coordinates and bearings of both sides of the channel at the beginning point, at each point where the channel changes direction, and at the ending point.

The Government will furnish the coordinates and the monument descriptions of the existing horizontal and vertical control within the project area. The Contractor shall be responsible, by utilizing this data, for dredging within the dredging prisms that are shown on the contract drawings. The Contractor may, at his option, and expense, establish offset stakes, back up stakes, and gages to be utilized in establishing any baseline, ranges and gages that he considers necessary to complete the required dredging.

(b) The Contractor shall give the Contracting Officer adequate advance notice of the commencement of work in order to assure the timely completion of the immediately before dredging survey and the establishment of necessary dredging layouts. The notice shall be furnished at least 15 days prior to mobilization of the dredge plant to the work site. The Contractor shall give the Contracting Officer at least 15 days notice of the need to conduct subsequent immediately before dredging and after dredging surveys. The survey made in response to this notice shall constitute the immediately before dredging survey and any subsequent surveys occasioned through Contractor delays may be charged against the Contractor at a rate of $3,000 per day. If the Contractor fails to provide adequate advance notice, the Contracting Officer will not be responsible for any delays in the commencement of work caused by incomplete dredging layouts.

(c) Datum and Bench Marks: The datum of reference mean lower low water (MLLW (NOS)), as established by National Geodetic Survey, will be used

SECTION 35 20 23 Page 7 in these specifications and was established by the bench marks included in Appendix A. The estimated highest water level to the nearest half foot is 7.5 feet above mean lower low water. The estimated lowest water level to the nearest half foot is 5.0 feet below mean lower low water. Estimates are based on observed extreme water levels at the Baltimore NOAA tidal station number (857 4680) located at Ft. McHenry.

(d) Additional horizontal and vertical control data will be provided to the Contractor upon request. This request should be made to the Hydrographic Survey Section, point of contact Steve Golder at (410) 962-6031 or the alternate John Hill at (410) 962-6063.

(e) Method of Soundings: The Government intends to perform pre-dredge and post-dredge surveys of the channels utilizing multi-beam, high frequency (200 kHz) tranducers, with data at 5' x 5' cells. However, the Government reserves the right to take soundings utilizing a single-beam, high frequency (200 kHz) transducer at 100' cross sections, or by any method deemed necessary. Pay volumes will be calculated using CAD Tin Volumes.

1.7 SIGNAL LIGHTS

1.7.1 General

The Contractor shall display lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the U.S. 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 pipelines, 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 set forth in Commandant U.S. Coast Guard Instruction M16672.2A, Navigation Rules: International Inland (Comdtinst M16672.2A), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable. (DAEN PRP 1984 JUL)

1.7.2 Marking of Floating Dredge Pipeline

The Contractor shall mark the floating dredge pipeline in accordance with U.S. Coast Guard navigation rules, inland NX5 88.15. As a minimum the Contractor shall mark the pipeline with amber lights visible on all points of the horizon for 2 miles on a clear night. The lights shall flash at 50 70 times per minute and be placed between 1 and 3.5 meters above the water. Spacing shall be sufficient to clearly show the pipeline length and course. Where the pipeline crosses a navigable channel spacing shall be every 10 meters. Two red lights, visible on all points of the horizon, shall be displayed at each end of the floating pipeline. They shall be arranged vertically 1 meter apart with the lower light at the same elevation as the amber lights.

1.8 ACCOMMODATIONS AND MEALS FOR INSPECTORS: (1965 APR OCE)

(a) The Contractor shall furnish to Government inspectors on board the dredge or other craft upon which they are employed a suitable separate room for office and storage purposes. The room shall be equipped and maintained to the satisfaction of the Contracting Officer. The room shall be properly heated, locked or provided with a table

SECTION 35 20 23 Page 8

(approximately 60" x 36") and file drawer (approximately 15" x 24") which can be locked, a locker capable of being locked with a padlock, a chair for the inspectors, and washing conveniences.

(b) The Contractor shall furnish, for exclusive use by the Contracting Officer or any inspector, a 4 wheel drive, 5 passenger vehicle for inspection of the Poplar Island facility and the Masonville Dredge Material Containment facility (DMCF)during the entire period of the Contractor's performance under the contract. The vehicle shall be equipped with Contractor radio communication. The Contractor shall ensure that the vehicle and radio are in proper working order at all times. The Contractor shall be responsible for refueling, maintaining, and insuring the vehicle; and transporting the vehicle to and from the Poplar Island facility upon commencement and completion of the contract, respectively.

(c) If the Contractor maintains on this work establishment for the subsistence of his own employees, he shall, when required, furnish to inspectors employed on the work and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer. The meals furnished will be paid for by the Government at a rate of $3.50 per person for each meal. (EFARS 52.2/9110 (g))

(d) The Contractor shall furnish, for exclusive use by the Contracting Officer and any Government inspector, a suitable separate office trailer at Masonville DMCF at the location shown on the contract plans during the entire period of the Contractor's performance under the contract. The office trailer shall be equipped and maintained to the satisfaction of the Contracting Officer. The office trailer shall be properly heated, ventilated, and lighted; and it shall have a desk which can be locked or a table (approximately 60" x 36") and file drawer (approximately 15" x 24") which can be locked, a locker capable of being locked with a padlock, a chair for the inspectors, and washing conveniences. The Contractor shall be responsible for properly anchoring the trailer, maintaining the trailer and transporting the trailer to and from the job site. There is an electric pole adjacent to the proposed trailer location. The Contractor is required to coordinate all hookup, metering, and payments for providing electricity. There is no septic or sewer hookups at the site, therefore the contractor will be required to make all arrangements to provide portable toilets and water supply at the trailer.

(e) 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 facilities referred to above will be secured by the Contracting Officer, and the cost thereof will be deducted from payments to the Contractor.

1.9 CONTRACTOR QUALITY CONTROL

1.9.1 General

The Contractor shall establish and maintain an effective quality control system in compliance with Contract Clause paragraph INSPECTION OF CONSTRUCTION. The quality control system consists of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction and operations which comply with contract

SECTION 35 20 23 Page 9 requirements. The system shall cover construction operations, both onsite and offsite, and shall be keyed to the proposed construction sequence. The burden-of-proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's Quality Control will not be accepted without question.

1.9.2 Coordination Meeting

As soon as practicable after receipt of Notice to Proceed and before start of construction, the Contractor shall meet with the Contracting Officer and discuss the Contractor's quality control (CQC) system. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the QC operations; control activities, testing, administration of the system for both onsite and offsite, and the interrelationship of Contractor and Government control and surveillance.

Minutes of the meeting shall be prepared, signed by both the Contractor and the Contracting Officer, and shall become a part of the contract file.

There may also be occasions when subsequent conferences will be called to reconfirm understandings.

1.9.3 Quality Control Plan

1.9.3.1 General

Prior to the start of dredging, the Contractor shall furnish his QC plan to the Contracting Officer for acceptance. Construction or dredging will be permitted to begin only after acceptance of the QC plan, or approval of that portion of the plan applicable to the particular feature of work to be started. The QC plan the Contractor proposes to implement shall identify the personnel, procedures, instructions, records, and forms, and as a minimum, shall include:

(a) A description of the quality management organization.

(b) The number, classifications, qualifications, duties, responsibilities and authorities of personnel. A copy of the letter signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the system manager, shall be furnished.

(c) Procedures for processing reports, shop drawings, certificates, samples and other submittals.

(d) QC activities to be performed, including those of subcontractors, off-site fabricators, and suppliers.

(e) Compliance inspections recorded on the Daily Quality Control Report and the Dredging Report, samples of which are attached at the end of the specifications.

1.9.3.2 Notification of Changes

After approval of the QC plan, the Contractor shall notify the Contracting Officer or his authorized representative in writing of any proposed change.

1.9.3.3 Corrective Actions

At any time it is determined that the QC system, personnel, instructions, controls, tests, or records are not providing construction which conforms to contract requirements, actions shall be taken to correct the deficient

SECTION 35 20 23 Page 10 management.

1.9.4 Quality Control Organization

1.9.4.1 System Manager

The Contractor shall identify an individual within his organization at the site of the work, who shall be responsible for overall management and have the authority to act in all CQC matters for the Contractor.

1.9.4.2 Personnel

A staff shall be maintained under the direction of the system manager to perform all QC activities. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rates of dredging. At least one quality control inspector shall be present at upland placement areas during dredging operations. For multi celled placement areas, the quality control inspector must remain at the placement area for a minimum of eight hours after shutdown of the dredge pump. The personnel of this staff shall be fully qualified by experience and technical training to perform their assigned responsibilities.

1.9.5 Control

The Contractor's quality control system shall include at least the following three phases of control and management for definable features of work:

1.9.5.1 Initial

This phase of control must be accomplished at the time of arrival of placement area and dredging personnel on site to accomplish a definable feature of work and at any time new workmen or crews arrive for assignment to the work. The Contractor's control system must permit the transfer of information on quality requirements specified in this contract to each workman before he starts, demonstration from each workman that he can provide the specified quality of work, and motivate him to continue. It is also during this phase that control testing to prove the adequacy of the Contractor's control procedures shall be initiated and verified. The CO shall be notified at least 24 hours in advance of each initial activity.

1.9.5.2 Follow up

The follow up phase shall be performed continuously to verify that control procedures are providing an end product which complies with contract requirements. Adjustments to control procedures may be required based upon the results of this phase and compliance inspections.

1.9.5.3 Completion

At the completion of the work, the CQC representative shall conduct a joint completion review with the CO. During this review the work shall be examined, quality control shall be reviewed, and a list shall be developed of work not properly completed or not conforming to plans and specifications. This list shall be included in the quality control documentation with an estimated date for correction of each deficiency.

The Contractor shall make sure that deficiencies have been corrected prior to the specified completion date. Payment will be withheld for defective or deficient features until they are satisfactorily corrected except as

SECTION 35 20 23 Page 11 otherwise provided in the Contract Clause paragraph INSPECTION OF

CONSTRUCTION.

1.9.6 Documentation

1.9.6.1 General

The Contractor shall maintain current records, on an appropriate approved form, of quality control operations, activities, and tests performed including the work of suppliers and subcontractors. Separate records shall be maintained for each dredging and rehandling operation. These records shall include factual evidence that the required activities or tests have been performed, including but not limited to the following:

(a) Type and number of control activities and compliance inspections.

(b) Results of control activities or inspections.

(c) Nature of defects, causes for rejection, etc.

(d) Proposed remedial action.

(e) Corrective actions taken.

1.9.6.2 Records

These records shall cover both conforming and defective or deficient features and shall include a statement that supplies and materials incorporated in the work comply with the contract. Legible copies of these records shall be furnished in duplicate to the CO daily. The records shall cover mobilization and demobilization, development of dredged material placement areas, dredging and rehandling performed during the time period for which the records are furnished, and shall be verified by the person so designated by the Contractor. (CENAB EN 1984 APR) Failure to follow these procedures will be considered a breach of the Quality Control Program and portions of the progress payment may be withheld until it is demonstrated by the Contractor that the construction activities covered by the delinquent reports meet the requirements of the plans and specifications.

1.10 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (EFARS 52.0231.5000

(OCT 1995))

(a) This clause does not apply to terminations. See 52.249-5000, Basis for settlement of proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable conditions owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual costs data for each piece of equipment or groups of similar serial and services for which the government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP1110-1-8 Construction Equipment Ownership and Operating Expenses Schedule, Region East.

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

SECTION 35 20 23 Page 12 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 retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and Far 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established proactive of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.11 SAFETY

1.11.1 General

The Contractor shall comply with the Contract Clause ACCIDENT PREVENTION.

EM 385-1-1 , 2014, subject: Safety and Health Requirements Manual, is a part of these specifications.

1.11.2 Accident Prevention Program

Within 7 calendar days after receipt of Notice to Proceed the Contractor shall furnish his Accident Prevention Program and three copies thereof to the Contracting Officer or his authorized representative for review and approval. The program shall be prepared in the following format:

(a) Administrative Plan

(b) Job Hazard Analysis

(c) A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees.

(d) When marine plant and equipment are in use the Contractor shall assure that oil transfer operations to or from his plant comply with all Federal, State, county, and Municipal laws, codes and regulations.

Particular attention is invited to 33 CFR Subchapter 0, POLLUTION. The Contractor shall incorporate in his accident prevention program, submitted in compliance with Contract Clause ACCIDENT PREVENTION, sufficient information to demonstrate that all fuel transfers will be made in accordance with 33 CFR 156 and any other applicable laws, codes and regulations. (CENABEN 1984 APR)

(e) The Contractor shall not commence physical work at the project site until the program has been approved by the Contracting Officer or his authorized representative. As an additional measure to implementation of the Accident Prevention Program, the Contractor shall meet with representatives of the Contracting Officer as soon as practicable after receipt of Notice to Proceed and before start of work to discuss and

SECTION 35 20 23 Page 13 develop a mutual understanding relative to administration of the overall safety program. Minutes of the meeting shall be prepared, signed by the Contractor and the Contracting Officer or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Job Hazard Analysis only for the phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. EM 385-1-1 , Section 1.

1.11.3 Accident Investigation and Reporting

Accidents shall be investigated by immediate supervisor of the employee(s) involved and reported to the Contracting Officer or the Government inspector within one working day after the accident. Paragraph 01.D, EM 385 1 1.

(a) The Contractor shall insure that all accidents which involve loss of life, occupational disease of the employee, injury incapacitating any person for normal work beyond the day of injury, or damage to property, materials, supplies, or equipment, of $50,000.00 or more, and which relate to the working area, or the disposal area, shall be recorded, investigated, and reported to the Contracting Officer or his authorized representative.

(b) Each accident shall be verbally reported to the Government inspector at the earliest practicable time, but within 24 hours. Each accident involving loss of life or traumatic injury to any person shall be reported to the Government inspector verbally, telephonically, or by radio immediately.

(c) The Contractor shall promptly investigate each accident and submit a written, signed report on ENG Form 3394 to the Government inspector within 48 hours.

(d) A factual record of each accident shall be entered in the Contractor's official daily log book.

1.11.4 Safety Manager

The Contractor shall provide an individual at the site of work, whose sole duties are to control compliance with safety requirements of this contract and to carry out the provisions of the approved accident prevention plan.

The safety manager must be competent and familiar with the requirements of EM 385 1 1 and industry safety standards.

1.11.4.1 Daily Inspections

The Contractor shall institute a daily inspection program to assure all safety requirements are being fulfilled. Reports of daily inspections shall be maintained in the Contractor's official daily log book. The reports shall be records of the daily inspections and resulting actions.

Each report shall include, as a minimum, the following:

(a) Phase(s) of construction underway during the inspection.

(b) Locations of areas inspections were made.

(c) Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

SECTION 35 20 23 Page 14

1.11.4.2 Master Deficiency List

A "Master Deficiency List" identifying all safety deficiencies observed by the QC staff and/or the Contracting Officer or designees will be maintained by the Contractor. The information maintained in the list shall include the following at a minimum:

(a) Description of the deficiency and the corresponding EM 385 1 1 paragraph number.

(b) Date the deficiency was noted and the identifying party.

(c) Corrective action taken and the date accomplished.

1.11.4.3 Weekly Master Deficiency List

The updated "Master Deficiency List" shall be submitted to the CO weekly.

All safety deficiencies shall be corrected promptly. Failure to promptly correct safety deficiencies will result in suspension of work, retainage of funds, or complete withholding of partial payments.

1.11.5 Means of Escape for Personnel Quartered or Working on Floating Plant

Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where 9 or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24 inch by 36 inch) which leads to a different exit route. EM 385-1-1 , Section 19.

1.11.6 Emergency Alarms and Signals

1.11.6.1 Alarms

Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical system failure.

1.11.6.2 Signals

(a) Fire Alarm Signals: The general fire alarm signal shall be in accordance with paragraph 97.13 15b of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Subchapter I, 1 Sep 77

(CG 257)

(b) Abandon Ship Signals: The signal for abandon ship shall be in accordance with paragraph 97.13 15c of referenced cited in (a) above.

(c) Man Overboard Signal: Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

1.11.7 Exposure Hours

The Contractor is required to maintain records of all exposure and accident experience incidental to the work, including all subcontractors. These

SECTION 35 20 23 Page 15 records shall include exposure hours and a log of occupational injuries and illnesses. This data shall be submitted to the Contracting Officer monthly by the third day of each month while the contract is ongoing. The appropriate form will be provided to the Contractor electronically.

1.11.8 Head Protection (Hard Hat)

The entire work site under this contract is designated as a hard hat area.

The Contractor shall post the area in accordance with the requirements of section 05.D.01, EM 385 1 1, and shall insure that all prime and subcontractor personnel, vendors and visitors utilize hard hats while within the project area.

1.11.9 Oil Transfer Operations

The Contractor shall assure that oil transfer operations to or from his plant comply with all federal, state, and municipal laws, codes and regulations. Particular attention is directed to 33 CFR Subchapter O, POLLUTION. The Contractor shall incorporate in his accident prevention program, submitted in compliance with Contract Clause ACCIDENT PREVENTION, sufficient information to demonstrate that all fuel transfers shall be made in accordance with 33 CFR 156 and any other applicable laws, codes and regulations. (CENAB EN 1984 APR)

1.11.10 Hoisting Equipment

1.11.10.1 General

All hoisting equipment must be capable of satisfactorily completing a performance (operating) test before being placed in service on the project. This test shall consist of maneuvering a specified test load through maximum lift height, lift radius, and boom quadrant. Except for the test load, the anticipated load is the maximum load that can be lifted by the hoisting equipment. The test shall be repeated prior to unusual or critical lifts, and after alteration, modification, repairs or reassembly, and at least every 12 months. Test records shall be made a part of the official project file. A thorough annual inspection of hoisting machinery shall be made by a competent person.

1.11.10.2 Load Capacities

Load capacities, determined by the performance test, recommended operating speeds, and special hazards, warnings or instructions shall be posted where clearly visible to the operators of the cranes and derricks.

1.11.10.3 Floating Cranes and Floating Derricks

Floating cranes and floating derricks in use shall meet the requirements for design, construction, testing installation, maintenance, and operation discussed in ANSI B30.8, Safety Code for Floating Cranes and Floating Derricks. Performance tests shall demonstrate the strength; stability;

capability; and adequacy of power, brakes, clutches, and controls in accordance with the following table:

PERFORMANCE TEST FOR FLOATING CRANES

SAFE WORKING LOAD TEST LOAD

Up to 20 tons 125% of working load 20 to 50 tons Working load plus 5 tons

SECTION 35 20 23 Page 16

Over 50 tons 110% of working load

1.11.11 Front End Loader - Backhoe Machines

All front end loader - backhoe machines and other machines, such as tractors that utilize a backhoe attachment, should be checked for:

(a) Exposed backhoe boom swing foot pedals.

(b) Backhoe boom swing lever which can be reached by a man standing on the ground or on the outrigger support bracket.

Where these conditions exist, guards should be fabricated to:

(a) Cover over exposed foot pedals to prevent someone from accidentally stepping on them.

(b) Inclose the swing lever so as to preclude operation from the ground or from the outrigger support bracket.

1.11.12 Trailers

All covered trailers, regardless of their use, shall be anchored after spotting and blocking up by installation of four 8 way expanding anchors with rods and cable, one under each of the four corners of the trailer. The anchors shall not be less than 3 feet under the surface of the ground with anchor rod extending to the ground surface. The trailer shall be securely anchored down by installation to each anchor of a 1/2 inch cable attached to the longitudinal frame member of the trailer by passing the cable over the frame member or to an eyebolt fastened to the frame, and then tightened by use of a turnbuckle or other approved means as necessary to prevent movement. Details of the proposed method of anchorage shall be submitted to the Contracting Officer for approval.

1.11.13 Mooring Lines

Eye loops on mooring lines shall be equipped with brackets or handling ropes to protect the hands of deckhands.

1.12 FUEL USAGE

The Contractor shall furnish the Contracting Officer a report, to be received on or before the last day of the calendar month, listing the totals of fuels consumed by the dredging plant and supporting vessels. The report shall list the quantities of different fuels separately. The report shall cover the period from the 26th of the preceding month to the 25th of the current month.

1.13 ENVIRONMENTAL LITIGATION: (1974 NOV OCE)

(a) 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

SECTION 35 20 23 Page 17 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 Contract Clause SUSPENSION OF WORK. 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.

(b) The term "environmental litigation", as used herein, 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.

1.14 CERF IMPLEMENTATION: (83 JUN 1 OCE)

If the work specified in this contract is performed by a hopper…