25-B-A015_SPECS_NY_BXR_v4-JUN2025.pdf

New York District THIS IS AN UNRESTRICTED PROCUREMENT NAICS CODE 237990

SAFETY PAYS

MAINTENANCE DREDGING

BRONX RIVER,

NEW YORK

FEDERAL NAVIGATION PROJECT

Solicitation &

Specifications

IFB No. W912DS25BA015

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION 00 00 01

COVER SHEET

01/20

PART 1 GENERAL

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

MAINTENANCE DREDGING

BRONX RIVER, NEW YORK

FEDERAL NAVIGATION PROJECT

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS25BA015.

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 13).

4. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00 45 00

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

5. THIS PROJECT IS NOT A SMALL BUSINESS SET-ASIDE.

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION 00 00 02

CHECK LIST FOR BIDDERS

01/20

PART 1 GENERAL

ATTACHED IS IFB FOR:

Maintenance Dredging, Bronx River, New York, Federal Navigation Project

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID INELIGIBLE FOR AWARD.

IMPORTANT ITEMS FOR YOU TO CHECK ARE

INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A

PROPER BID.

__ HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__ HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS” (SECTION 00 45

00) PORTION OF THE SOLICITATION?

__ IS YOUR UNIQUE ENTITY IDENTIFIER LISTED ON THE STANDARD FORM 1442?

__ IS YOUR BID PROPERLY SIGNED?

__ A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A BID BOND ON

STANDARD FORM 24 OR A SIMILAR FORM CONTAINING THE SAME LANGUAGE AS A

STANDARD FORM 24?

__ IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

__ IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND

ARE ALL REQUIRED SEALS AFFIXED?

__ IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR BID AS ON THE

BID BOND?

__ IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID GUARANTEE IS TREATED

THE SAME AS A LATE BID)

__ HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY ALTERING THE

PROVISIONS OF THE SOLICITATION?

__ WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID ITEM? (THE

SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

__ ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

__ IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY INITIALED

BY THE PERSON SIGNING THE BID?

__ DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT IS A

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

OPENING TIME?

__ WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE SUBMISSIONS,

MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE INSTRUCTIONS, CONDITIONS,

AND NOTICES TO BIDDERS, SECTION 00 21 13 OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL

BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE

BUILDING. BIDDER IS RESPONSIBLE TO ENSURE THAT ITS BID IS SUBMITTED TIMELY.

-- End of Section --

Maintenance Dredging of Bronx River, New York

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 02/24 LIST OF DRAWINGS

00 10 00 01/20 SF 1442 AND BIDDING SCHEDULE

00 21 13 01/20 INSTRUCTIONS, CONDITIONS, AND NOTICE

TO BIDDERS

00 45 00 01/20 REPRESENTATION AND CERTIFICATION

00 70 00 01/20 CONTRACT CLAUSES

00 90 00 01/20 WAGE RATES

00 90 01 04/08 LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

00 90 02 02/09 WATER QUALITY CERTIFICATES

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 02/24 SUMMARY OF WORK

01 20 00 11/20, CHG 3: 02/23 PRICE AND PAYMENT PROCEDURES

01 30 00 01/20 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 08/23, CHG 1: 08/24 PROJECT SCHEDULE

01 33 00 08/18, CHG 4: 02/21 SUBMITTAL PROCEDURES

01 35 26 11/20, CHG 4: 08/23 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 05/24 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 08/23, CHG 1: 05/24 QUALITY CONTROL

01 45 00.15 10 11/23 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE (RMS CM)

01 50 00 11/20, CHG 2: 08/22 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 19 08/22 TEMPORARY ENVIRONMENTAL CONTROLS

01 58 00 08/19, CHG 5: 08/22 PROJECT IDENTIFICATION

01 78 00 05/19, CHG 1: 08/21 CLOSEOUT SUBMITTALS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 08/20 DREDGING

35 20 23.10 18 05/21 DREDGED MATERIAL TRANSPORT, PLACEMENT

AND MONITORING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/24

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/24

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings and Specifications."

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 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; 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:

DOCUMENT 00 01 15 Page 2

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).

1.2 CONTRACT DRAWINGS

Contract drawings are as follows:

FY 2025 MAINTENANCE DREDGING

BRONX RIVER, NEW YORK

SHEET NO. DESRIPTION

G-001 COVER SHEET & INDEX

G-002 NOTES

G-101 PROJECT SITE PLAN

C-101 DREDGING AREA & SOUNDING MAP

C-102 DREDGING AREA & SOUNDING MAP

C-103 DREDGING AREA & SOUNDING MAP

C-104 DREDGING AREA & SOUNDING MAP

C-105 DREDGING AREA & SOUNDING MAP

C-106 DREDGING AREA & SOUNDING MAP

C-107 DREDGING AREA & SOUNDING MAP

C-108 DREDGING AREA & SOUNDING MAP

-- End of Document --

DOCUMENT 00 01 15 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

01/20

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

1.2 BID SCHEDULE

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 10 00 Page 1

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

01/20

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

1.2 BID SCHEDULE

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 10 00 Page 2

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 13

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

01/20

PART 1 GENERAL

DOCUMENT 00 21 13 Page 1

SECTION 00 21 13

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

01/20

PART 1 GENERAL

To be provided by Contracting Division.

DOCUMENT 00 21 13 Page 2

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATION AND CERTIFICATION

01/20

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 45 00 Page 1

SECTION 00 45 00

REPRESENTATION AND CERTIFICATION

01/20

PART 1 GENERAL

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 45 00 Page 2

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 70 00

CONTRACT CLAUSES

01/20

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 70 00 Page 1

SECTION 00 70 00

CONTRACT CLAUSES

01/20

PART 1 GENERAL

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 70 00 Page 2

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 00

WAGE RATES

01/20

PART 1 GENERAL

1.1 NOTE

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 90 00 Page 1

SECTION 00 90 00

WAGE RATES

01/20

PART 1 GENERAL

1.1 NOTE

Wage rates provided by Contracting Division.

A copy of the wage rate shall be displayed at a highly visible location on the dredge at all times for the duration of the project.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 90 00 Page 2

Subject: Initial Wage Rate for Maintenance Dredging of the Bronx River, NY, Federal Navigation Project, Date: Monday, May 19, 2025 9:09:06 AM

Subject: Initial Wage Rate for Maintenance Dredging of the Bronx River, NY, Federal Navigation Project, ** Please provide solicitation number once assigned.

2. Please verify with the undersigned, a minimum of 10 days prior to bid opening/proposal receipt, that the rates provided on this date are still in effect. Any changes will have to be incorporated into the solicitation by amendment. It is recommended that the "wage rate in effect" be confirmed at the time of any amendment.

3. Note that in negotiated procurements, the wage rates in effect on the date of contract award (not at proposal due date or FPR date) are the ones to be incorporated in the contract Also note that the then current wage decision is to be incorporated into the instant contract at exercise of any option period regardless of the method of solicitation (IFB, RFQ or RFP).

4. Please ensure that this decision is incorporated into the applicable solicitation and its resultant contract as set forth in FAR 22.404-6.

"General Decision Number: NY20250001 02/21/2025

Superseded General Decision Number: NY20240001

State: New York JN 5/19/2025

Construction Type: Heavy Dredging

Counties: New York Statewide.

STATEWIDE

New York

All dredging, except self-propelled hopper dredges, on the Atlantic Coast and tributary waters emptying into the Atlantic Ocean.

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate |

| | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2025 1 02/21/2025

* ENGI0025-001 10/01/2024

STATEWIDE

Rates Fringes

Dredging:

CLASS A1....................$ 47.07 15.34+a+b CLASS A2....................$ 41.94 14.99+a+b CLASS B1....................$ 40.71 14.90+a+b

CLASS B2....................$ 38.31 14.73+a+b CLASS C1....................$ 37.26 14.66+a+b CLASS C2....................$ 36.07 14.57+a+b CLASS D.....................$ 29.96 14.15+a+b

CLASSIFICATIONS:

CLASS A1: Deck Captain; Mechanical Dredge Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS A2: Crane Operator (360 swing).

CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Assistant Fill Placer, Welder, Steward.

CLASS C2: Boat Operator.

CLASS D: Oiler, Deckhand, Shoreman, Rodman, Scowman, Cook, Messman, Porter/Janitor.

INCENTIVE PAY: (Add to Hourly Rate) Operator (NCCCO License/Certification) $1.80 Licensed Tug Operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80 Oiler (QMED and Tankerman endorsement (USCG) $1.80; All classifications (Tankerman endorsement only) USCG $1.55;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG) $1.80; All classifications (lifeboatman endorsement only (USCG) $1.55; Welder (ABS certification) $1.55

FOOTNOTES APPLICABLE TO ABOVE CRAFTS:

a. PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day, Good Friday, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day

b. VACATION: Eight percent (8%) of the straight time rate, multiplied by the total hours worked.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION"

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 00

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

04/08

PART 1 GENERAL

1.1 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 List of Attachments

3.1.1 Attachment A Bronx River, New York Reference Map

3.1.2 Attachment B Sample Daily Construction Quality Control Report

3.1.3 Attachment C Project Sign and Safety Sign

3.1.4 Attachment D Oil and Hazardous Material Operations

3.1.5 Attachment E Guideline for Preparing the Accident Prevention

Plan

3.1.6 Attachment F Daily Reports for Dredging

3.1.7 Attachment G USACE Transportation and Placement Log

3.1.8 Attachment H Daily Site Safety and Health Inspection Log

3.1.9 Attachment I Daily Whale and Turtle Report Logs, Incident

Report of Sturgeon

3.1.10 Attachment J Submittal Register

3.1.11 Attachment K Sampling and Testing Results

3.1.12 Attachment L Federal Aviation Administration (FAA) Obstruction

Evaluation / Airport Airspace Analysis (OE/AAA) Desk Referenace Guide

3.1.13 Attachment M XYZ Data of Plans and Specifications Survey

DOCUMENT 00 90 01 Page 1

SECTION 00 90 00

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

04/08

PART 1 GENERAL

1.1 SUBMITTALS

Not Used

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 List of Attachments

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 Attachment A Bronx River, New York Reference Map

3.1.2 Attachment B Sample Daily Construction Quality Control Report

3.1.3 Attachment C Project Sign and Safety Sign

3.1.4 Attachment D Oil and Hazardous Material Operations

3.1.5 Attachment E Guideline for Preparing the Accident Prevention Plan

3.1.6 Attachment F Daily Reports for Dredging

RMS Form 4267.

3.1.7 Attachment G USACE Transportation and Placement Log

3.1.8 Attachment H Daily Site Safety and Health Inspection Log

3.1.9 Attachment I Daily Whale and Turtle Report Logs, Incident Report of Sturgeon

3.1.10 Attachment J Submittal Register

3.1.11 Attachment K Sampling and Testing Results

See attachments to this solicitation on SAM.GOV for complete Sampling and Testing Results Package.

DOCUMENT 00 90 01 Page 2

3.1.12 Attachment L Federal Aviation Administration (FAA) Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) Desk Referenace Guide

3.1.13 Attachment M XYZ Data of Plans and Specifications Survey

DOCUMENT 00 90 01 Page 3

00 90 01 Att. A

CONTRACTORS QUALITY CONTROL REPORT (QCR)

DAILY LOG OF CONSTRUCTION

REPORT NUMBER

XXX

DATE

01 Sep 2025 - Monday

CONTRACT NUMBER

W912DS25CXXXX

PROJECT

Maintenance Dredging of Arthur Kill 50'

LABOR HOURS

Crew Number of

Employees Hours WorkedPosition

N/A X.00 X.00No labor hours to report

Total hrs worked to date: XX.00 Hrs worked MTD: XX.00 Total: X.00 X.00

EQUIPMENT HOURS

Equipment Name Idle

Hours Operating

HoursDescription

No equipment hours to report X.00 X.00

Total operating hrs to date: X,XXX.00 Idle hrs MTD: XX.00 Opr hrs MTD: XX.00 Total: X.00 X.00

QC Narratives

XXX

PREP/INITIAL DATES

Preparatory inspections held today: XXX

Initial inspections held today: XXX

ACTIVITY START/FINISH

XXX activities were started or finished today

QC REQUIREMENTS

XXX QC requirements were entered today

ISSUED QA/QC DEFICIENCES

XXX QC Deficiency items were issued today

CORRECTED QA/QC DEFICENCY

XXX QC Deficiency items were corrected today

CONTRACTORS ON SITE

XXX Contractors had their first or last day on the site

CONTRACTOR WEATHER

Weather Caused No Delay Temperature Min X F Max X F No Precipitation No Wind

Dredging Contractor Co.

00 90 01: Attachment B

CONTRACTORS QUALITY CONTROL REPORT (QCR)

DAILY LOG OF CONSTRUCTION

REPORT NUMBER

XXX

DATE

01 Sep 2025 - Monday

CONTRACT NUMBER

W912DS25CXXXX

PROJECT

Maintenance Dredging of Arthur Kill 50'

MISHAP REPORTING

No mishaps reported today

QC REPRESENTATIVE SIGNATURE DATE SUPERINTENDENT'S INITIALS DATE

CONTRACTOR CERTIFICATION On behalf of the contractor, I certify that this Report is complete and correct and all equipment and material used and work performed during this Reporting period are in compliance with the contract plans and specifications, to the best of my knowledge, except as noted above.

00 90 01: Attachment B

Example Only Rendering:

00 90 01 ATT. C

Introduction: Construction Project Signs EP 310-1-6a 01 Jun 06

16-1

The use of signs to identify Corps managed or supervised design, construc-tion, and rehabilitation projects - both for military and civil works - is an important part of efforts to keep the public informed of Corps work. For this purpose, a construction project sign package has been adopted. This package consists of two signs: one for project identification and the other to show on-the-job safety performance of the contractor.

These two signs are to be displayed side by side and mounted for reading by passing viewers. Exact placement location will be designated by the contracting officer’s representative.

The panel sizes and graphic formats have been standardized for visual consistency throughout all Corps operations.

Panels are fabricated using HDO plywood or aluminum with dimensional lumber uprights and bracing. The sign faces are nonreflective vinyl.

All legends are to be die-cut or computer-cut in the sizes and typefaces specified and applied to the white panel back-ground following the graphic formats shown on pages 16-2 and 16-3. The Communication Red panel on the left side of the construction project sign with Corps Signature (reverse version) is screen-printed onto the white back-ground.

A display of these two signs is shown on the following two pages. Mounting and fabrication details are provided on page 16-4.

Special applications or situations not covered in these guidelines should be referred to the district Sign Program Manager.

Construction Project Identification Sign

16-2

EP 310-1-6a 01 Jun 06

Below are two samples of the Construc-tion Project Identification sign showing how this panel is adaptable for use to identify either military (top) or civil works projects (bottom). The graphic format for this 4’x 6' sign panel follows the legend guidelines and layout as specified below.

The large 4’x 4' section of the panel on the right is to be white with black legend.

The 2’x 4' section of the sign on the left with the full Corps Signature (reverse version) is to be screen-printed Commu-nication Red on the white background The designation of a sponsor in the area indicated is optional with Military or Civil Works construction signs. Signs may list one sponsoring entity. If agreement on a sponsor designation cannot be achieved, the area should be left blank.

This sign is to be placed with the Safety Performance sign shown on the following page. Mounting and fabrication details are provided on page 16-4.

Special applications or situations not covered in these guidelines should be referred to the district Sign Program Manager.

Legend Group 1: One- to two-line description of Corps relationship to project.

Color: White Typeface: 1.25" Helvetica Regular Maximum line length: 19”

Legend Group 2: Division or District Name (optional). Placed below 10.5” reverse Signature (6” Castle).

Color: White Typeface: 1.25" Helvetica Regular

Legend Group 2a: One- to three-line identifica-tion of Military or Civil Works sponsor (optional). Place below Corps Signature to cross-align with Group 5a-b.

Color: White Typeface: 1.25" Helvetica Regular Maximum line length: 19"

Legend Group 3: One- to three-line project title legend describes the work being done under this contract.

Color: Black Typeface: 3" Helvetica Bold Maximum line length: 42"

Legend Group 4: One- to two-line identification of project or facility (civil works) or name of sponsoring department (military).

Color: Black Typeface: 1.5" Helvetica Regular Maximum line length: 42"

Cross-align the first line of Legend Group 4 with the first line of the Corps Signature (US Army Corps) as shown.

Legend Groups 5a-b: One- to five-line identification of prime contractors including:

type (architect, general contractor, etc.), corporate or firm name, city, state. Use of Legend Group 5 is optional.

Color: Black Typeface: 1.25" Helvetica Regular Maximum line length: 21"

All typography is flush left and rag right, upper and lower case with initial capitals only as shown. Letter- and word-spacing to follow Corps standards as specified in Appendix D.

Sign Legend Panel Post Specification Mounting Color Type Size (A) Size Size Code Height Bkg/Lgd

CID-01 various 4’x6’ 4”x4” HDO-3 48” WH-RD/BK

4.5” 2”

6.25”

10.5”

2.5”

3” 3” 42” 3”

6”

4.5”

4.5”

6”

2.25”

9.5”

1.875” 1.875” 1.875” 1.875”

7.75”

3” 21” 1” 21” 2”

Safety Performance Sign EP 310-1-6a

16-3

Each contractor’s safety record is to be posted on Corps managed or supervised construction projects and mounted with the Construction Project Identification sign specified on page 16-2.

The graphic format, color, size and type-faces used on the sign are to be repro-duced exactly as specified below. The title with First Aid logo in the top section of the sign, and the performance record captions are standard for all signs of this type. Legend groups 2 and 3 below identify the project and the contractor and are to be placed on the sign as shown.

Safety record numbers are mounted on individual metal plates and are screw-mounted to the background to allow for daily revisions to posted safety perfor-mance record.

Special applications or situations not covered in these guidelines should be referred to the district Sign Program Manager.

Legend Group 1: Standard two-line title “Safety is a Job Requirement” with 8” (outside diameter) Safety Green first aid logo.

Color: To match Pantone system 347 Typeface: 3" Helvetica Bold Color: Black

Legend Group 2: One- to two-line project title legend describes the work being done under this contract and name of host project.

Color: Black Typeface: 1.5" Helvetica Regular Maximum line length: 42"

Legend Group 3: One- to two-line identifica-tion: name of prime contractor and city, state address. Color: Black Typeface: 1.5" Helvetica Regular Maximum line length: 42"

Legend Group 4: Standard safety record captions as shown.

Color: Black Typeface: 1.25” Helvetica Regular

Replaceable numbers are to be mounted on white .060 aluminum plates and screw-mounted to background.

Color: Black Typeface: 3" Helvetica Regular Plate size: 2.5" x 4.5"

All typography is flush left and rag right, upper and lower case with initial capitals only as shown. Letter- and word-spacing to follow Corps standards as specified in Appendix D.

3” 33.030” eq. 8” eq.

6”

4.5”

10.5”

2.25” 3”

2.25” 3”

4.875”

4.875”

6.75”

4.875” .75” 4.875”

4.5”

3”

3” 42” 3”

2.25” 2.25” 2.25” 2.25”

.75”

3”

.75”

Sign Legend Panel Post Specification Mounting Color Type Size (A) Size Size Code Height Bkg/Lgd

CID-02 various 4’x4’ 4”x4” HDO-3 48” WH/BK-SG

Fabrication and Mounting GuidelinesEP 310-1-6a

16-4

All Construction Project Identification signs and Safety Performance signs are to be fabricated and installed as de-scribed below. The signs are to be erected at a location designated by the contracting officer representative and shall conform to the size, format, and typographic standards shown on pages16-2 and 16-3. Detailed specifica-tions for HDO plywood panel preparation are provided in Appendix B.

Shown below the mounting diagram is a panel layout grid with spaces provided for project information. Photocopy this page and use as a worksheet when preparing sign legend orders.

For additional information on the proper method to prepare sign panel graphics, contact the district Sign Program Manager.

The sign panels are to be fabricated from .75" High Density Overlay Plywood. Panel preparation to follow HDO specifications provided in Appendix B.

Sign graphics to be prepared on a white nonreflective vinyl film with positionable adhesive backing.

All graphics except for the Communication Red background with Corps Signature on the project sign are to be die-cut or computer-cut nonreflective vinyl, prespaced legends prepared in the sizes and typefaces specified and applied to the background panel following the graphic formats shown on pages 16-2 and 16-3.

The 2’x 4’ Communication Red panel (to match Pantone system 032) with full Corps Signa-ture (reverse version) is to be screen-printed on the white background. Identification of the district or division may be applied under the signature with white cut vinyl letters prepared to Corps standards.

Drill and insert six (6) .375" T-nuts from the front face of the HDO sign panel. Position holes as shown. Flange of T-nut to be flush with sign face.

Apply graphic panel to prepared HDO plywood panel following manufacturers’ instructions.

Sign uprights to be structural grade 4" x 4" treated Douglas Fir or Southern Yellow Pine, No.1 or better. Post to be 12' long. Drill six (6) .375" mounting holes in uprights to align with T-nuts in sign panel. Countersink (.5") back of hole to accept socket head cap screw (4" x .375").

Assemble sign panel and uprights. Imbed assembled sign panel and uprights in 4' hole.

Local soil conditions and/or wind loading may require bolting additional 2" x 4" struts on inside face of uprights to reinforce installation as shown.

48”

48”

18”

Construction Project Identification Sign Legend Group 1: Corps Relationship 1.

2.

Legend Group 2: Division/District Name 1.

2.

Legend Group 3: Project Title 1.

2.

3.

Legend Group 4: Facility Name 1.

2.

Legend Group 5: Contractor/A&E 1.

2.

3.

4.

5.

Safety Performance Sign Legend Group 2: Project Title 1.

2.

Legend Group 3: Contractor/A&E 1.

2.

Legend Group 2a: Military/Civil Works Sponsor 1.

2.

Legend Group 5b: Contractor/A&E 1.

2.

3.

4.

5.

Signature Color Use Guidelines EP 310-1-6a

4-3

The illustrations below show the various color configurations possible when using the Corps Signature on signs. Note that there are fewer possible ways to render the Signature on a sign panel than are specified for print applications (see Graphic Standards Manual, pages 1-5).

a) The most prominent use of the Signature will be on identification signs. For Standard Identification, post and panel signs, the reverse Signature is used; the Mark is Communication Red, the Signature type is white.

b) For large-scale Standard Identification signs of individual fabricated letters, the positive version is used; the Mark is Commu-nication Red and the Signature typography is white (see page 5-7).

c) The Corps Participation Credit sign uses an all white reverse Signature on a Corps Brown background.

d) The header panels on Building Office Directories use a reverse Signature in white on Dark Grey.

e) Construction Project Identification signs use an all white reverse Signature on a Communication Red background.

f) Boundary signs use the positive Signature in black on a white background.

Color StandardsEP 310-1-6a

4-4

Within the Corps sign system there are five standard color palettes. Three have been developed by the Corps and include: 1) Recreation Area signs,

2) Lock, Dam and Waterway signs, and

3) Office Interior signs. Two color groups have been adopted from existing standards: 1) Traffic signs (MUTCD) and

2) Workplace Safety signs (ANSI). Each of these is illustrated on the following pages with descriptions for their use.

The two-character color code is in parentheses immediately after the color.

Additional color application instructions are included in each respective section.

Colors must conform to the standards presented on the following pages when preparing signs.

For many of the colors shown on the next five pages, a corresponding Federal Standard Color number is listed. These numbers refer to color samples con-tained in a fan deck titled Federal Standard 595B Colors. The fan deck is published by the General Services Administration, order number 7690-01- 162-2210.

Recreation Area Color Standards EP 310-1-6a

4-5

Shown below are the colors for use on Corps identification, directional, and recreation area signs.

Communication Red (CR): Corps Mark (Castle) on identification signs. The closest Federal Standard Color is 11350, but the match with the 595B fan deck is not exact. The Graphics Standards Manual (EP 310-1-6) specifies Communication Red shall match Pantone Red 032.

Corps Brown (BR): Background for identifica-tion, directional, recreation, and symbol signs.

The closest Federal Standard Color is 20095.

White (WH): Legend for identification, directional, and recreation signs. Background for boundary signs. The closest Federal Standard Color is 27925, but the match with the 595B fan deck is not exact.

Black (BK): Legend and Signature for boundary signs. The closest Federal Standard Color is 17038.

Workplace Safety Sign Color Standards EP 310-1-6a

4-7

The colors shown below are used on all safety signs as described in Section 11 of this manual.

Safety Red (SR): Federal Standard Color 11310, but the match with the 595B fan deck is not exact. Danger; warning of an immediate hazard.

Safety Yellow (SY): Federal Standard Color 13591, but the match with the 595B fan deck is not exact. Caution; warning of potential hazard.

Safety Green (SG): Federal Standard Color 14109, but the match with the 595B fan deck is not exact. Notice; for safety.

Safety Blue (SB): Federal Standard Color 15092. Information; general.

Black (SK): Federal Standard Color 17038.

Directional and all descriptive legends.

White (SW): Federal Standard Color 27875. All sign backgrounds, except for Caution.

00 90 01 ATT. D- 1

[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR154.105]

[Page 314-316]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

(CONTINUED)

PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

--Table of Contents

Subpart A_General

Sec. 154.105 Definitions.

As used in this part:

Barrel means a quantity of liquid equal to 42 U.S. gallons. Boundary Line means any of the lines described in 46 CFR part 7. Captain of the Port (COTP) means the U.S. Coast Guard officer commanding a Captain of the Port Zone described in Part 3 of this chapter, or that person's authorized representative.

Caretaker Status denotes a facility where all piping, hoses, loading arms, storage tanks, and related equipment in the marine transfer area are completely free of oil or hazardous materials, where these components have been certified as being gas free, where piping, hoses, and loading arms terminating near any body of water have been blanked, and where the facility operator has notified the COTP that the facility will be in caretaker status.

Commandant means the Commandant of the Coast Guard or an authorized representative.

Contiguous Zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, but not extending beyond 12 miles from the baseline from which the breadth of the territorial sea is measured.

District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in Part 3 of this chapter or an authorized representative.

Facility means either an onshore or offshore facility, except for an offshore facility operating under the jurisdiction of the Secretary of the Department of Interior, and includes, but is not limited to, structure, equipment, and appurtenances thereto, used or capable of being used to

00 90 01 ATT. D- 2

transfer oil or hazardous materials to or from a vessel or public vessel. Also included are facilities that tank clean or strip and any floating structure that is used to support an integral part of the facility's operation. A facility includes federal, state, municipal, and private facilities.

Facility operator means the person who owns, operates, or is responsible for the operation of the facility. Hazardous material means a liquid material or substance, other than oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or (e).

Marine transfer area means that part of a waterfront facility handling oil or hazardous materials in bulk between the vessel, or where the vessel moors, and the first manifold or shutoff valve on the pipeline encountered after the pipeline enters the secondary containment required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal manifold or loading arm, or, in the absence of secondary containment, to the valve or manifold adjacent to the bulk storage tank, including the entire pier or wharf to which a vessel transferring oil or hazardous materials is moored.

MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, November 2, 1973) as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, February 17, 1978).

Mobile facility means any facility that can readily change location, such as a tank truck or tank car, other than a vessel or public vessel.

Monitoring device means any fixed or portable sensing device used to monitor for a discharge of oil or hazardous material onto the water, within or around a facility, and designed to notify operating personnel of a discharge of oil or hazardous material.

Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast Guard officer commanding a Marine Inspection Zone described in Part 3 of this chapter, or an authorized representative.

Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.

Oil means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

Onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under any land within the United States other than submerged land.

Person in charge means an individual designated as a person in charge of transfer operations under Sec. 154.710 (for facilities) or Sec. 155.700 (for vessels) of this chapter.

00 90 01 ATT. D - 3

STCW means the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978.

Self-propelled tank vessel means a self-propelled tank vessel other than a tankship.

Tank barge means a non-self-propelled tank vessel.

Tankship means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.

Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the

United States.

Transfer means any movement of oil or hazardous material to, from, or within a vessel by means of pumping, gravitation, or displacement. A transfer is considered to begin when the person in charge on the transferring vessel or facility and the person in charge on the receiving facility or vessel first meet to begin completing the declaration of inspection as required by Sec. 156.150 of this chapter. A transfer is considered to be complete when all the connections for the transfer have been uncoupled and secured with blanks or other closure devices and both of the persons in charge have completed the declaration of inspection to include the date and time the transfer was complete.

Vessel operator means a person who owns, operates, or is responsible for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 25125, May 8, 1997]

TRANSFER OPERATIONS--Table of Contents

Subpart A_Oil and Hazardous Material Transfer Operations

Sec.

156.100 Applicability.

156.105 Definitions.

156.107 Alternatives.

156.110 Exemptions.

156.111 Incorporation by reference.

00 90 01 ATT. D - 4

156.112 Suspension order.

156.113 Compliance with suspension order.

156.115 Person in charge: Limitations.

156.118 Advance notice of transfer.

156.120 Requirements for transfer.

156.125 Discharge cleanup.

156.130 Connection.

156.150 Declaration of inspection.

156.160 Supervision by person in charge.

156.170 Equipment tests and inspections.

Subpart B_Special Requirements for Lightering of Oil and Hazardous Material Cargoes

156.200 Applicability.

156.205 Definitions.

156.210 General.

156.215 Pre-arrival notices.

156.220 Reporting of incidents.

156.225 Designation of lightering zones.

156.230 Factors considered in designating lightering zones.

Subpart C_Lightering Zones and Operational Requirements for the Gulf of Mexico

156.300 Designated lightering zones.

156.310 Prohibited areas.

156.320 Maximum operating conditions.

156.330 Operations.

Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee) are also issued under 46 U.S.C. 3703.

This subpart applies to the transfer of oil or hazardous material on the navigable waters or contiguous zone of the United States to, from, or within each vessel with a capacity of 250 barrels or more; except that, this subpart does not apply to transfer operations within a public vessel.

00 90 01 ATT. D - 5

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Sec. 156.105 Definitions.

Except as specifically stated in a section, the definitions in Sec. 154.105 of this chapter apply to this subpart.

[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]

Sec. 156.107 Alternatives.

(a) The COTP may consider and approve alternative procedures, methods, or equipment standards to be used by a vessel or facility operator in lieu of any requirements in this part if:

(1) Compliance with the requirement is economically or physically impractical;

(2) The vessel or facility operator submits a written request for the alternative at least 30 days before operations under the alternative are proposed, unless the COTP authorizes a shorter time;

and

(3) The alternative provides an equivalent level of safety and protection from pollution by oil or hazardous material, which is documented in the request.

(b) The COTP takes final approval or disapproval action on any alternative requested, in writing, within 30 days of receipt of the request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]

Sec. 156.110 Exemptions.

(a) The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, may grant an exemption or partial exemption from compliance with any requirement in this part, and the District Commander may grant an exemption or partial exemption from compliance with any operating condition or requirement in subpart C of this part, if:

(1) The vessel or facility operator submits an application for exemption via the COTP at least 30 days before operations under the exemption are proposed, unless the COTP authorizes a shorter time; and

(2) It is determined, from the application, that:

00 90 01 ATT. D - 6

(i) Compliance with a specific requirement is economically or physically impractical;

(ii) No alternative procedures, methods, or equipment standards exist that would provide an…