Specification_Section_00_73_00_REV_Jun_2019.pdf

Houghtaling Island, Expansion and Realignment of Area A

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SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00

SPECIAL CONTRACT RQMTS

06/19

PART 1 GENERAL

1.1 SUBMITTALS

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK (1965 APRIL

OCE)

1.3 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION

PROJECTS

1.4 PERFORMANCE OF WORK BY THE CONTRACTOR

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

1.6 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

1.7 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

1.8 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS (JAN 1965)

1.9 PHYSICAL CONDITIONS

1.10 TIME EXTENSIONS (SEPT 2000)

1.11 LAYOUT OF WORK

1.12 DATUM AND BENCH MARKS

1.13 CERTIFICATES OF COMPLIANCE

1.14 HEAD PROTECTION

1.15 REVERSE SIGNAL ALARM

1.16 SITE INSPECTIONS

1.17 DAMAGE TO WORK

1.18 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(FAR 52.223-3)

1.19 ACCOMODATIONS FOR GOVERNMENT INSPECTORS (NOT USED)

1.20 ACCESS ROUTES, CONTRACTOR AREAS, DELIVERY, STORAGE AREA

AND VISITOR CONTROL

1.21 COORDINATION MEETINGS

1.22 PROGRESS MEETINGS

1.23 WORKING CONDITIONS, WORKING HOURS, AND NON-WORKING DAYS

1.24 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

1.25 FUEL USAGE

1.26 OIL TRANSFER OPERATIONS

1.27 WAGE RATES

1.28 LABOR-ADDITIONAL REQUIREMENTS

1.29 ENVIRONMENTAL LITIGATION

1.30 NOISE LEVEL CRITERIA

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1.31 CERF IMPLEMENTATION (NOT USED)

1.32 PERFORMANCE EVALUATION OF CONTRACTOR (1985 JAN HQ USACE)

1.33 PRICING OF ADJUSTMENTS

1.34 PRECONSTRUCTION CONFERENCE

1.35 BID GUARANTEE

1.36 SAFETY SIGN

1.37 PROJECT SIGN

1.38 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

1.39 SCHEDULING AND DETERMINATION OF PROGRESS

1.40 SPECIAL PROHIBITION ON EMPLOYMENT

1.41 SUPERINTENDENCE OF SUBCONTRACTS

1.42 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

1.43 SUBMISSION OF CLAIMS

1.44 SAFETY REQUIREMENTS FOR OPERATING ADJACENT TO POWER LINES

1.45 CRANE AND DRAGLINE SAFETY REQUIREMENTS

1.46 OPERATOR QUALIFICATIONS FOR FLOAING CRANES & FLOATING

DERRICKS

1.47 ACCIDENT PREVENTION PLAN

1.48 PATENTS

1.49 VERIFICATION OF SMALL BUSINESS UTILIZATION

1.50 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.51 CONTRACT INFORMATION RELEASE

1.52 (s-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

1.53 ALTERATIONS IN CONTRACT

1.54 GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QCS) MODULE

1.55 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF

ENGINEERS CONTRACTS

1.56 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

1.57 WARRANTY OF CONSTRUCTION

1.56 NO WAIVER BY GOVERNMENT

PART 2 PRODUCTS

2.1 SIGNAGE

PART 3 EXECUTION

-- End of Section Table of Contents --

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SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

04/19

PART 1 GENERAL

1.1 SUBMITTALS

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

PROCEDURES:

SD-01 Preconstruction Submittals

Order of work; G Accident prevention plan; G Quality control plan; G Letter appointing superintendent List of subcontractors Environmental protection plan; G Progress schedule; G Submittal register List of proposed products

1.2 COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK (1984 APRIL

OCE)

a. The Contractor will be required to (a) commence work under this contract within five

(5) calendar days after the date the date the Contractor receives the notice to proceed,

(b) to prosecute said work diligently, (c) to complete the entire work ready for use, not later than 60 days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include the final clean-up of the premises.

b. Location: The site of work is located on the federally owned Houghtaling Island dredge material placement site, Town of New Baltimore, Greene County, Hudson River, NY.

c. The Contractor shall furnish all labor, materials, equipment, and services to perform the work as indicated.

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting

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Officer or Contracting Officer representative and subject, in every detail to his supervision, direction, and instructions (DOD FAR Supplement 252.236-7001).

1.3 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION

PROJECTS.

This project is estimated to cost between $1,000,000.00 and $5,000,000.00.

1.4 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization and equipment, work equivalent to at least forty (40) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performance of the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-01)

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

The Contractor shall furnish the Contracting Officer and/or his Representative, within five (5) days after award, items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in paragraph 1.4 of this Section 00 73 00, entitled:

"PERFORMANCE OF WORK BY THE CONTRACTOR."

1.6 FAR 52.211-12, LIQUIDATED DAMAGES—CONSTRUCTION

a. If a delay to the NTP date is a result of the Contractor, an extension will not be given.

If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1,225,00 for each calendar day of delay.

b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

(FAR 52.211-12).

1.7 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled “Subcontracts”, the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the

Document 00 73 00 Page 5 proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.8 CONTRACT DRAWINGS, MAPS, & SPECIFICATIONS (JAN 1965)

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

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

c. In general:

(1) Large-scale drawings shall govern over small-scale drawings.

Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings; and

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

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

e. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are available in the office of the District Engineer, U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, N.Y.

10278-0090:

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File No. 1 - Houghtaling Island, Hudson River, NY Expansion and Realignment of Containment Area A

SHEET NO. DESCRIPTION

1 Title Sheet

2 Location Map

3 Houghtaling Island Placement Site Topography and Layout

4 Proposed Site Plan

5 Weirs and Construction Details

6 Shop Drawings – Exterior Weir

7 Shop Drawing – Interior Weirs

8 Construction Details and Notes

9 Not Used

10 Not Used

f. The Contractor shall check all drawings furnished to him immediately upon their receipt and shall promptly notify the Contracting Officer or Contracting Officer's Representative of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements unless dimensions are specified. Large-scale drawings shall in general govern over small-scale drawings. Information and data provided in contract specifications shall govern over similar information and data specified in contract drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have thereby been avoided (DOD FAR Suppl. 52.236-7002).

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1.9 PHYSICAL CONDITIONS

The information and data furnished or referred to below are not intended as representations or warranties but are furnished for information only. It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn by the Contractor.

a. WEATHER CONDITIONS. The site of the work is not exposed to severe wind and wave action and the Contractor's operations are not likely to be affected by ordinary storms. Real-time data are available on the World Wide Web at http://www.ndbc.noaa.gov/index.shtml.

(1) Fog. An examination of the records of the U.S. Weather Bureau at Albany Airport, New York, discloses an average of 22 days per year on which dense fog (visibility of 1/4 mile or less) occurs at that location.

(2) Winds. Wind in the Albany, New York area, based upon the records of the National Weather Service at Albany Airport is provided below.

MONTH AVERAGE WIND SPEED

(MPH)

PEAK WIND GUST (MPH )

JANUARY 9.8 38

FEBRUARY 10.1 44

MARCH 10.6 46

APRIL 10.5 33

MAY 9.0 55

JUNE 8.3 36

JULY 7.5 35

AUGUST 7.0 47

SEPTEMBER 7.4 34

OCTOBER 8.0 39

NOVEMBER 9.1 41

DECEMBER 9.3 41

http://www.ndbc.noaa.gov/index.shtml

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(3) Weather conditions exceeding in severity the fog conditions stated above, wind speeds exceeding 40 mph, or wave heights exceeding 3 feet in height for over an hour, will be considered "Unusually Severe" if delays are caused thereby to operations for more than 50% of the day under this contract.

(4) ICE, FLOOD AND FRESHET CONDITIONS. During the period of 1 December thru 15 April, the Hudson River may be closed by ice. Icing that occurs during this period will not be considered unusually severe weather. Based on records of the Corps of Engineers at Troy, NY, flooding or freshet conditions exceeding in severity the following criteria for the month involved, will be considered unusually severe if delays are caused thereby to operations in the Hudson River under this contract:

Maximum Elevation Above Lowest Low Water (ft)

Period On Any Day On More Than One Day

16-30 April 9.10 8.57 May 8.68 8.17 June 7.97 7.62

Period On Any Day On More Than One Day

July 7.40 7.03 August 7.63 7.18 September 7.69 7.16 October 9.29 7.50 November 9.07 8.07

(5) TIDES. The tide and current data for this project is tabulated below:

Location

Albany Stuyvesant Hudson Rhinecliff

Mean Tide Range (ft) 5.0 4.2 4.1 3.7

Mean Range of Spring Tide (ft) 5.7 5.1 4.7 5.7

Extreme Tide (MLW) High (ft) 22.4 9.0 9.1 9.2 Low (ft) -3.5 -3.0 - 2.3 -2.3

Maximum Current Normal Stages (kn) 0.8 1.8 2.0 1.6

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It should be noted that dredging operations may be affected to some extent by current conditions. Irregular tidal fluctuations may occur due to wind and atmospheric pressure.

b. TRANSPORTATION FACILITIES. First class railroads and highways serve the project location.

c. LOCATION. The project site is located on Houghtaling Island, Town of New Baltimore, Greene County, Hudson River, NY.

1.10 TIME EXTENSIONS (SEPT 2000)

a. Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

b. If a time extension is requested due to adverse weather conditions, the contractor must chronologically list each day that was lost due to adverse weather conditions with his daily reports. The Contracting Officer or his Representative will examine whether the contractor is entitled to a time extension. The adverse weather days must prevent work for 50% or more of the contractor’s work day and delay work critical to the timely completion of the project. The Contracting Officer or his Authorized Representative will convert any delays meeting the above requirements to calendar days and issue a modification in accordance with Contract Clause “CHANGES.”

1.11 LAYOUT OF WORK

The Government will provide the basic horizontal and vertical control data in the project area (see paragraph 1.11). The Contractor shall compute and establish in the field all other survey points required for the proper discharge of his functions. The Contractor shall be responsible for the accuracy of the points and its computations. The Contractor shall furnish, at his own expense, all equipment, materials and labor as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades as required or indicated by the Contracting Officer or his representative. It shall be the responsibility of the Contractor to maintain and preserve all established stakes, markers...etc. The Contractor may contact the New York District’s Albany Field Office Inland Navigation Section at (518) 273-0870 for any references to horizontal and vertical control data.

1.12 DATUM AND SURVEY MONUMENTS

Horizontal Datum: NAD83, New York State Plane, 3101 East, US Survey Feet

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Vertical Datum: NAVD88, US Survey Feet

LOCAL Survey Monument: "HR-8", USACE Disk Coordinates Refer to US State Plane Coordinate System NAD 1983. x: 1314481.51, y: 686603.68 New York East - Zone 3101 Elevation: 44.07' (NAVD88)

Attention! The existing survey monument HR-8, and its two reference stations, will be destroyed during the construction of the new containment cell A.4. The contractor is solely responsible for establishing a new survey monument with two reference stations on the Houghtaling Island site, to the same specifications and accuracy standards, in a location approved by USACE. The new survey monument will be established BEFORE the existing monument is disturbed.

See Section 00 90 01, Attachment N, for USACE Survey Monument Datasheets for the Houghtaling Island DMPS

All control needs to be verified.

The Contractor may contact the New York District’s Albany Field Office Inland Navigation Section at (518) 273-0870 for assistance in establishing the location of these bench marks.

1.13 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificates shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certification apply. Copies of laboratory tests reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements (ECI 7-670.3)

1.14 HEAD PROTECTION (EM 385-1-1 30 Nov 2014)

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 paragraph 05.D.01, EM 385-1-1, and shall ensure that all prime and subcontractor personnel, vendors, and visitors utilize hard hats while within the project area.

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1.15 REVERSE SIGNAL ALARM

a. All construction equipment, except light service trucks, panels, pickup trucks, station wagons, crawler-type cranes, power shovels and draglines, whether moving alone or in combination shall be equipped with reverse signal alarms. The alarm shall be mounted on the rear of the equipment and shall be protected or constructed as to withstand severe wear and tear, adverse weather and unfavorable environmental working conditions and shall be certified by the manufacturer to fully meet the following performance standards.

b. The alarm shall produce a relatively pure tone which shall peak within the American National Std's. Inst. standard octave pass band of 600 to 2400 cycles per second and shall produce a 0.2 to 0.5 second audible warning within the initial three (3) feet of backward movement of the vehicle on which it is mounted and at regular intervals, not to exceed three (3) seconds throughout the backward movement. The alarm shall automatically stop when backward movement ceases. The sound intensity of the alarm shall range from and not exceed 90-100 db (decibels) at a horizontal distance of five feet from the alarm.

c. Actuation of the alarm shall be automatic by direct connections to any part of the equipment that moves or acts in a manner distinctive only to the rearward movement of the vehicle with no manual controls of any kind between the source of actuation and the alarm. Where application of this requirement to specific types of the equipment has impractical application, other means of actuation may be used upon written approval of the Contracting Officer and/or his Authorized Representative.

d. The use of the alarm shall be in the addition to prescribed requirements for signalmen.

1.16 SITE INSPECTIONS

The site safety officer shall perform daily inspection of the job sites and the work in progress to ensure compliance with EM 385-1-1 and to determine the effectiveness of the Accident Prevention Plan. Daily inspection logs shall be used to document inspections noting safety and health deficiencies, deficiencies in the effectiveness of the accident prevention plan, and corrective actions including timetable and responsibilities.

The daily inspection logs will be attached to and submitted with the Daily Quality Control Reports. Each entry shall include date, work area checked, employee present in work area, protective equipment and work equipment in use, special safety and health issues and notes, and signature of the preparer.

1.17 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the article of the contract clause entitled "PERMITS AND RESPONSIBILITIES".

However, if in the judgment of the Contracting Officer, any part of the permanent work

Document 00 73 00 Page 12 performed by the Contractor is damaged by flood, earthquake, hurricane, severe coastal storm or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable Contract unit or lump-sum prices as fixed and established in the Contract. If, in the opinion of the Contracting Officer, there are no Contract unit or lump sum prices applicable to any part of such work, an equitable adjustment, pursuant to Contract Clause entitled CHANGES, will be made as full compensation for the repairs of that part of the permanent work for which there are not applicable Contract unit or lump-sum prices. Except as herein provided, damage to all work, utilities, materials, equipment, and plant, including temporary construction and utilities, pavements, and other property along the routes used by the Contractor's pipelines and/or land vehicles, shall be repaired to the satisfaction of the Contracting Officer, the State of New York, and the utilities companies, at the Contractor's expense regardless of the cause of such damage.

1.18 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(FAR 52.223-3)

a. "Hazardous material," includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

b. The Contractor shall submit, a Material Safety Data Sheet, (OUS Department of Labor Form OSHA 174) meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material 5 days before delivery of the material, whether or not the Contractor is the manufacturer of these items. This obligation applies to all materials delivered under this contract that will involve exposure to hazardous materials or items containing these materials.

c. Neither the requirements of contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

d. Nothing contained in this contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

e. The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

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(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources.

f. The Contractor shall insert this requirement, including this paragraph (f), with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this contract involving hazardous material.

g. SAFETY AND HEALTH REQUIREMENTS MANUAL if this contract is for construction or dismantling, demolition, or removal of improvements with any Department of Army agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. The latest edition of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and it changes are available at http://www.hq.usace.army.mil (at the HQ homepage select Safety and Occupational Health). Contractor shall be responsible for complying with the current edition and all changes posted on the web as of effective date of this solicitation.

h. Before commencing the work, the Contractor shall: (1) Submit a written proposal for implementing the Accident Prevention Plan; and (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

1.19 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS. Not Used.

1.20 ACCESS ROUTES, CONTRACTOR AREAS, DELIVERY, STORAGE AREA AND

VISITOR CONTROL

a. The Contractor shall utilize only entry points designated by the Contracting Officer Representative. Contractor's personnel and construction equipment will not be permitted in any place other than the project site and the haul routes debris removal, for the borrow and sites, spoil sites, unless specifically authorized by the Contracting Officer. A request for authorization to use alternate limited access shall be made by the Contractor to the Contracting Officer at least 7 calendar days in advance.

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b. The Contractor shall utilize the project site areas for his daily staging. Trailers, materials, or equipment shall not be placed or stored outside the project site unless such trailers, materials or equipment are assigned a separate and distant storage area by the Contracting Officer away from the vicinity of the staging area but authorized for project use. At the end of each work day mobile equipment, such as tractors, wheeled lifting equipment, cranes, backhoes and like equipment, shall be parked within the project site. The following shall remain fully accessible: hydrants, standpipes and access ways. The Contractor shall be responsible for all temporary connections (power, water telephone, etc.) to the project site. The Contractor shall maintain the area in a clean and neat condition. Contractor's employees must access the site via ferry or other marine transportation. The Contractor will return all disturbed areas to their original condition unless specifically authorized by the Contracting Officer.

c. Off-site storage areas are not available to the Government. The Contractor may arrange for access to private off-site facilities, with Contracting Officer approval, to which the Government will be provided access to ensure contract terms and to ensure proper safety procedures are followed.

d. The Contractor shall be responsible for the control of material deliveries, vendors, suppliers, prospective employees and other authorized personnel entering the project area as relates to this contract. The Contractor shall install signs at entrances to the project directing deliveries and visitors to the proper entry points.

e. The Contractor shall be permitted to utilize the area for material storage and unloading, material hoists, rubbish containers, rubbish chutes (if any), temporary office and personnel dressing facilities, and all other items required for staging. Contractor shall maintain the grounds within his area. Grass and weeds shall be cut at least weekly during the growing season.

f. The Contractor shall provide chemical toilets for his personnel in the project site, and shall be responsible for cleaning and servicing these toilets in accordance with pertinent health regulations and assure a frequency of service as required to prevent odors or other nuisance. Use of toilet facilities by Contractor's employees within surrounding buildings will not be permitted.

g. The Contractor shall provide weather tight and waterproof storage facilities for all materials stored at the site and required to be incorporated into the work.

h. The Contractor shall remove rubbish containers when full or every 2 weeks whichever comes first.

i. The color of dumpsters, trailers, and storage sheds and portable latrines shall be approved by the Contracting Officer.

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j. All materials, trailers, and storage sheds in staging and construction areas shall be elevated and stored a minimum of 3 feet from any structure or fixed object. Trailers shall have doors on both ends.

k. Contractor shall limit employees to his work site.

1.21 COORDINATION MEETINGS

Refer to section 01 45 00.00 10 QUALITY CONTROL. The Contractor shall provide typed minutes of each meeting within 3 days of meeting. Routine coordination meetings will be scheduled by the Contracting Officer throughout the life of this Contract.

Coordination meetings will be held to discuss contract administration, Contractor quality control, phasing, scheduling, and other aspects relating to this construction. The Corps of Engineers and the Contractor will be represented at each of these meetings. Similar information concerning replacement personnel shall be forwarded to the Contracting Officer, should any replacement be required at any time during the life of this Contract.

Coordination meetings will be scheduled to occur on a weekly basis.

1.22 PROGRESS MEETINGS

Refer to specifications section 01 32 01.00 10 PROJECT SCHEDULE, paragraph

"WEEKLY PROGRESS MEETINGS."

1.23 WORKING CONDITIONS, WORKING HOURS, AND NON-WORKING DAYS

The Contractor shall comply with paragraph 01.C.04 of EM 385-1-1, the US Army Corps of Engineers Safety and Health Requirements Manual, in effect on the date of this solicitation.

1.24 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE (MAR 1995)

a. Allowable costs for construction of 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 provision of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region I.

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 effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

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b. 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 leases are allowable. Costs for major repairs and overhaul are unallowable.

c. 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 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.(UAI 31.105-101 Equipment Ownership & Operating Expense Schedule MAR 1995)

1.25 FUEL USAGE

The Contractor shall furnish the Contracting Officer and/or his Authorized Representative 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, supporting vessels, and other construction equipments. The report shall list the quantities of different fuels separately.

The report shall cover the period from the 25th of the preceding month to the 25th of the current month.

1.26 OIL TRANSFER OPERATIONS

The Contractor shall assure that oil transfer operations to or from his plant comply with all Federal, state, municipal laws, codes and regulations (See Attachment I of Section 00 90 01 for regulation on "Oil and Hazardous Material Transfer Operations" - 33 CFR 156). Particular attention is invited to 33 CFR Subchapter O, Pollution. The Contractor shall incorporate in the accident prevention program, submitted in compliance with Section 00700, contract clause "ACCIDENT PREVENTION," sufficient information to demonstrate that all fuel transfers will be made in compliance with 33 CFR 156 and any other applicable laws, codes and regulations. (NAP-1/81)

1.27 WAGE RATES

The attached schedule of wage rates contains rates applicable to all work under this contract.

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1.28 LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll.

1.29 ENVIRONMENTAL LITIGATION

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 and/or his Authorized Representative, 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 and/or his Authorized Representative in the administration of this contract under the terms of Section I, contract clause entitled "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.

1.30 NOISE LEVEL CRITERIA

Maximum sound pressure levels measured at the booster pumps, engine generators and vehicles including muffler and exhaust components, shall not exceed decibel values prescribed by Federal, State and local codes and regulations. The foregoing applies with the pumps under normal operating conditions at not less than 50% full rated load.

Tests will be performed at no additional cost to the Government by the Contractor, or the pump engine and generator manufacturer or by an approved testing agency having proven capability in noise measurements and using approved measurement equipment and acceptable measurement procedures. Test data will be submitted to the Contracting Officer for approval 5 days after the commencement of dredging operations.

Should the sound pressure (noise) level test data indicate a need for sound reduction, the Contractor will provide necessary enclosures, baffles or any other appropriate means around booster pumps and engine generators including muffler and exhaust components, so as to attain noise levels which do not exceed those prescribed by aforementioned regulations. Details of the proposed enclosure or baffling arrangement shall be submitted to the Contracting Officer for approval. Such details will be accomplished by calculations, which indicate anticipated compliance of sound pressure

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(noise) levels with codes and regulations noted herein before. All this is especially enforceable where these booster and engine generators locations are in bathing areas.

1.31 CERF IMPLEMENTATION (NOT USED)

1.32 PERFORMANCE EVALUATION OF CONTRACTOR (1985 JAN HQ USACE)

a. As a minimum, the Contractor's performance shall be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The Contractor will be rated either Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor shall be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD contracting offices for their future use in determining Contractor responsibility, in compliance with FARS 36.201.

c. The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative is responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

1.33 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and DFARS 252.215- 7000 (Dec. 1991) as follows:

1.34 PRECONSTRUCTION CONFERENCE

A preconstruction conference will be arranged by the Contracting Officer and/or his Authorized Representative after award of contract and before commencement of work.

The Contracting Officer's Representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters.

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Additionally, a schedule of required submittals will be discussed (see Submittal Register at the end of Section 01 33 00, SUBMITTAL PROCEDURES.

The contractor shall provide the following items in either completed or draft form 7 days prior to the preconstruction meeting:

Order of Work. The Contractor's order of work for dredging and performing other work, including disposal area plan.

Accident Prevention Plan. Accident Prevention Plan (advance copies required, see Section 01 35 26, GOVERNMENTAL SAFETY REQUIREMENTS), and the Activity Hazard Analysis (AHA )plan as per that same Section.

Quality Control Plan.

See Section 01 45 00.00 20

Letter Appointing Superintendent.

List of Subcontractors.

Environmental Protection Plan.

List of Proposed Products.

Progress Schedule.

Submittal Register.

Placement Site Work Plan.

1.35 BID GUARANTEE

a. The offeror (bidder) shall furnish a separate bid bond, or United States bonds, Treasury notes or other public debt obligation of the United States, in the proper amount, by the time set for opening of bids. Failure to do so may be cause for rejection of the bid. The Contracting Officer and/or his Authorized Representative will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

b. If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or give a bond(s) as required by the solicitation within the time specified, the Contracting Officer and/or his Representative may terminate the contract for default.

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c. Unless otherwise specified in the bid, the bidder will (1) allow the number of days as indicated in paragraph 13D of Standard Form 1442 for acceptance of its bid and (2) give bond within 5 days after receipt of the forms by the bidder.

d. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid. The bid bond, or bonds or notes of the United States, is available to offset the difference.

1.36 SAFETY SIGN

The Contractor shall construct a safety sign at a location directed by the Contracting Officer and/or his Authorized Representative. The sign shall be 6 feet by 4 feet and shall conform to the requirements as specified in Section 00 90 01, Attachment B, Project Identification and Safety Signs. The Corps of Engineers castle logo (an 8.5" x 11" red decal) to be used on the sign will be Government furnished. The Contractor will be given this logo at the time of the preconstruction conference.

The decal shall receive a thin coat of clear spar varnish after application. The sign shall be erected as soon as possible and within 5 calendar days after the date of the receipt of the Notice to Proceed. The data required by the sign shall be corrected daily. No separate payment will be made for erecting and maintaining the safety sign and all costs in connection therewith will be considered the obligation of the contractor. Upon completion of the project, the Contractor shall remove the sign from the work site.

1.37 PROJECT SIGN

The Contractor shall furnish and erect a project sign at a location directed by the Contracting Officer or Contracting Officer's Representative. The project sign shall conform with all requirements as specified in Section 00 90 01, Attachment B, Project Identification and Safety Signs. The Corps of Engineers' castle logo and other logos (8.5" x 11") to be used on the sign will be Government furnished. The Contractor will be given these logos at the time of the preconstruction conference.

The decal(s) shall receive a thin coat of clear spar varnish after application. The Contractor shall maintain the sign in good condition throughout the construction period.

No separate payment will be made for erecting and maintaining the project sign, and all costs in connection therewith will be considered the obligation of the Contractor. Upon completion of the project, the Contractor shall remove the sign from the work site.

1.38 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled "Subcontracts," the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer and/or his Authorized Representative a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

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1.39 SCHEDULING AND DETERMINATION OF PROGRESS

In accordance with the contract provisions, the Contractor shall, within five (5) days after receipt of Notice to Proceed by him or as otherwise determined by the Contracting Officer and/or his Authorized Representative, submit for approval a practicable progress schedule. The progress schedule shall be in the form of a chart graphically indicating the sequence proposed to accomplish each work feature of operation (ENG FORM 2454 or an acceptable equivalent -e.g., computer-generated from a commercially-available project management software package). The chart shall be prepared to show the starting and completion dates of all work features on a linear horizontal time scale beginning with date of the receipt of the Notice to Proceed and indicating calendar days to completion. Each activity in construction shall be represented by an arrow. The head to tail arrangement of arrows shall flow from left to right. Each arrow representing an activity shall be annotated to show the activity description and duration. Contractor shall indicate on the chart the important work features or operations that are critical to the timely overall completion of the project. Key dates for such important work features and portions of work features are milestone dates and shall be so indicated on the chart. This schedule will be the medium through which the timeliness of the Contractor's construction effort is appraised. When changes are authorized that result in contract time extensions, the Contractor shall submit a modified chart for approval by the Contracting Officer and/or his Representative. The terms of Section 00700, Contract Clause entitled: SCHEDULES FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra shifts, etc., may be invoked when the Contractor fails to start or complete work features or portions of same by the time indicated by the milestone dates on the approved progress chart, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met. Neither on the chart nor on the periodic charts which the Contractor is required to prepare and submit, as described in paragraph, SCHEDULES FOR CONSTRUCTION CONTRACTS of the Contract Clauses, shall the actual progress to be entered include or reflect any materials which may be on the site, but are not yet installed or incorporated in the work. For payment purposes only, an allowance will be made by the Contracting Officer and/or his Representative of up to 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to Section 00700, Contract Clause entitled: "PAYMENT UNDER FIXED- PRICE CONSTRUCTION CONTRACTS." The making of such an allowance will be contingent upon a determination by the Contracting Officer and/or his Representative that the Contractor's compliance with the quality control requirements of the contract is more than satisfactory.

When the contractor submits his progress schedule, he will include in the submission a progress curve reflecting the intended schedule for completing the work. The progress curve (S-Curve) will be plotted to reflect Cumulative Progress (Percent) based on placement along the Y-axis and Time along the x-axis. The progress curve will be furnished at the same time the progress schedule is submitted for approval and updated monthly by the Contractor.

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1.40 SPECIAL PROHIBITION ON EMPLOYMENT

a. Definitions: "Arising out of a contract with the Department of Defense," as used in this clause, means any act in connection with (1) attempting to obtain, (2) obtaining, or

(3) performing a contract or subcontract of any agency, department or component of the Department of Defense.

b. "Convictions of fraud or any other felony," as used in this clause, means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nol contendere, for which sentence has been imposed.

c. Section 941, Title IX, Pub. L. 99-500 (10 U.S.C. 2408) prohibits a person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one (1) year from the date of conviction. Defense contractors are subject to a criminal penalty of not more than $500,000 if they are convicted of knowingly employing a person under a prohibition or allowing such person to serve on their board of directors.

d. The Contractor agrees not to knowingly employ any person, convicted of fraud or any other felony arising out of a contract with the Department of Defense contract or subcontract or allow such person to serve on its board of directors from the date the Contractor learns of the conviction until one (1) year has expired from the date of conviction. However, if the person has also been debarred pursuant to FAR subpart 9.4, the above prohibition shall extend for the period of debarment, but in no event shall the prohibition be less than (1) year from the date of conviction.

e. If the Contractor knowingly employs a convicted person in a management or supervisory capacity on any defense contract or subcontract or knowingly allows such person to serve on its board of directors within the prohibited period, the Government may consider, in addition to the criminal penalties contained in Section 941 of Pub. L.

99-500, other available remedies, such as suspension or debarment and may direct the cancellation of this contract at no cost to the Government, or terminate this contract for default.

f. The Contractor agrees to include the substance of this clause, including this paragraph (e), appropriately modified to…