09-B-0012 aiww amd 0001.pdf

W81LJ890761470

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SOLICITATION NUMBER W912HN-09-B-0012, ENTITLED MAINTENANCE DREDGING ATLANTIC INTRACOASTAL WATERWAY, BEAR INLET

TO SHALLOTTE INLET, NORTH CAROLINA IS AMENDED AS FOLLOWS:

A. THE DATE AND TIME FOR OPENING REMAINS UNCHANGED

B. SEE SUMMARY OF CHANGES:

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 16-Jul-2009

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912HN-09-B-0012

X 9B. DATED (SEE ITEM 11)

25-Jun-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 2 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-Jul-2009

CODE

USAED, SAVANNAH, WILMINGTON CONTRACT OFF

ATTN: DANNY KISSAM

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HN-09-B-0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

CLIN 0007

The pricing detail quantity has increased by 14,000.00 from 57,000.00 to 71,000.00.

CLIN 0010

The pricing detail quantity has increased by 20,000.00 from 130,000.00 to 150,000.00.

CLIN 0011

The pricing detail quantity has increased by 20,000.00 from 40,000.00 to 60,000.00.

The following have been modified:

TOTAL AMOUNT

TOTAL AMOUNT OF LINE ITEMS 0001-0013 $________________

NOTICE TO BIDDERS

NOTE 1:

1. This contract action requires products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (ARRA).

2. Contract Line Items using ARRA funds will be identified on the contract award document.

3. See ARRA contract clauses and ARRA reporting requirements.

NOTE 2:

W912HN-09-B-0012

Update Notice for Recipients of American Recovery and Reinvestment Act (Recovery Act) funds

The online recipient reporting tool is expected to be available for the quarterly report due October 10, 2009!

Section 1512(f) of the Recovery Act requires recipient reporting to begin 180 days after enactment, and for reports to be submitted by recipients 10 days after the end of each calendar quarter. This results in an initial statutory reporting deadline of October 10, 2009, with quarterly reports due 10 days after the end of each calendar quarter thereafter.

Federal Contractors are not required to report on July 10, 2009 (see FAR 52.204-11).

However, federal contractors who submit an invoice prior to June 30, 2009 for Recovery Act funded contract performance should maintain the data required by FAR 52.204-11.

Cumulative reporting will begin with the October 10th reporting deadline. Check back with this site often for updates and monitor finalization of the interim rule published in the Federal Register at 74 FR 14639.

Grant, Cooperative Agreement, and Loan Recipients should also maintain the data required for a July 10, 2009 report in order to report cumulatively beginning with the October 10th reporting deadline. Check back with this site often for updates and monitor finalization of the interim rule published in the Federal Register at 74 FR 18449 and the supplemental notice published at 74 FR 14824. OMB will work with agencies to determine the most appropriate method for collecting information from recipients for July 10th reporting.

PROJECT TABLE OF CONTENTS

Delete existing Page in its entirety and replace with revised enclosed Page.

SECTION 035 20 23 – DREDGING

(1) Delete existing SECTION Page 1 thru Page 14 in their entirety and replace with revised enclosed Pages.

(2) Delete existing Attachment 1 – Quantities Summary in its entirety and replace with revised enclosed Attachment.

APPENDICES

A – DRILLING LOGS

Delete existing COVER and DRILLING LOGS in their entirety and replace with revised COVER and Attachments.

B – LABORATORY DATA

Add COVER and LABORATORY DATA in their entirety.

NOTE:

Text that is added or revised by this amendment is replaced in its entirety and underlined and/or printed in bold and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWINGS

Delete the following Plates in their entirety and replace with revised enclosed Plates:

P-5 P-6 P-7 P-9 P-12 P-15 P-17

(End of Summary of Changes)

Encls As stated

Maintenance Dredging, AIWW W912HN-09-B-0012 Bear Inlet to Shallotte Inlet, North Carolina

PROJECT TABLE OF CONTENTS Page 1 (Revised by Amendment No. 0001)

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 SOLICITATION CONTRACT FORM

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS & CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00 01 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS – DREDGING

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01 CONTRACTOR QUALITY CONTROL

01 45 01.10 CONTRACTOR QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 33 – UTILITIES

33 40 02 SPILLWAY SYSTEM

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

APPENDICES

A DRILLING LOGS

B LABORATORY DATA

-- End of Project Table of Contents --

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

(a) The work consists of furnishing plant, labor, materials, and equipment to perform dredging and associated work as required by these specifications and contract drawings for Maintenance Dredging - Atlantic Intracoastal Waterway, Bear Inlet to Shallotte Inlet, North Carolina.

(b) The depth, bottom widths and lengths to be dredged are shown on the drawings. The depth, bottom widths and lengths to be dredged are based on the bottom conditions existing on the date of the contract survey and are subject to change based on the bottom conditions at the time of the before dredge survey. The Contractor shall remove sufficient material to provide the depth and side slopes shown on the drawings.

1.2 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008) Safety and Health Requirements Manual

EM 1110-2-1003 (2002) Hydrographic Surveying

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Dredging Plan; G, A

Construction and Grade Stake Recovery Plan; G, A

1.4 WORK COVERED BY CONTRACT PRICE

The contract price per cubic yard for dredging of the BIDDING SCHEDULE includes all costs associated with plant, labor, equipment, supplies, and materials required for dredging and disposal of all dredged material.

1.5 ORDER OF WORK

a. Unless otherwise directed by the Contracting Officer, the order of work shall be at the discretion of the Contractor with the following

SECTION 35 20 23 Page 1 exceptions. Tangents E and F Section 2 dredging with disposal on Onslow Beach shall be performed between 1 January 2010 and 31 January 2010. The Brunswick County dredging shall be the last order of work.

b. The Corps of Engineers has obtained clearances for this contract from Federal and State Agencies for placement of dredged material on beaches to begin on 16 November 2009 except for Onslow Beach. No work may commence on Onslow Beach before 1 January 2010. All work on the beaches shall be complete, including cleanup on Onslow Beach and the north end of Carolina Beach by 31 March 2010 and on other beaches specified in this contract for disposal by 30 April 2010.

1.6 CHARACTER OF MATERIALS

The material to be removed is predominately composed of shoaled material, which has accumulated since the areas were last dredged. The material from all required dredging areas except Brunswick County AIWW Tangent 8 (Lockwoods Folly River Crossing) consists predominately of clean sand (SP) and slightly silty sand (SP-SM). Tangent 8 (Lockwoods Folly River Crossing) consists predominately of silty sand (SM) and slightly silty sand (SP-SM). Wood, metal and other sunken debris that may have become lodged in the channel may also be encountered. If rock is encountered during dredging under this contract, the Contractor is not required to remove it.

The location and top of rock elevation shall be recorded on the Daily Report.

Drillings Logs are in Appendix A and Laboratory Data in Appendix B. The column on the boring logs titled "field classification of materials" contains the lab classification verbal description, not the field classification verbal description.

1.7 ENVIRONMENTAL WINDOWS

See Section 01 57 20.00 10, subparagraph Environmental Windows.

1.8 NOTICES

a. The Contractor shall give the Contracting Officer five (5) days advance written notice before commencing work.

b. The Contractor shall give the Contracting Officer fifteen (15) days advance written notice before placing pipe and/or sand on beaches.

c. The Contractor shall also be responsible for requesting Government before-dredging surveys, in writing, five (5) days prior to beginning dredging in an acceptance section.

d. The Contractor shall also be responsible for requesting Government after-dredging surveys in writing, three (3) working days prior to completion of an acceptance section.

1.9 NAVIGATION AIDS

There may be aids to navigation within the project boundaries. Some, or all, of such aids to navigation may need to be removed for the accomplishment of the contract work. It is the responsibility of the Contractor to provide the U.S. Coast Guard (USCG) and any other responsible parties notification 5 weeks prior to needing a navigation aid moved. Any impacts to the work due to the inability of the Contractor to accomplish

SECTION 35 20 23 Page 2 any needed movement of aids to navigation will not be the responsibility of the United States Government or of the Contracting Officer.

1.10 MISPLACED MATERIAL

(a) Any material, including material lost through leaks in the pipelines, that is deposited or allowed to flow elsewhere than in places designated or approved by the Contracting Officer will be considered as misplaced material. If, in the opinion of the Contracting Officer's Representative, this misplaced material will in any way be a hazard to navigation, to normal activities of the public, or to the environment, the Contractor shall remove such misplaced material to the satisfaction of the Contracting Officer and the appropriate state and federal resource agencies and deposit it where directed by the Contracting Officer at the Contractor's expense.

(b) If the Contractor loses, dumps, throws overboard, sinks, or misplaces any plant, machinery, or appliances, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions to the Contracting Officer or inspector, and when required, shall mark or buoy such obstruction until the same is removed.

Should the Contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer and the cost of such removal may be deducted from any money due or to become due the Contractor or may be recovered under the Contractor's bond.

The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of 3 March 1899 (33 U.S.C. 410

et. seq.).

1.11 OVERDEPTH AND SIDE SLOPES

1.11.1 Overdepth

This contract allows overdepth dredging. No payment will be made for any material that is removed from below the allowable overdepth or outside of the indicated side slopes.

1.11.2 Side Slopes

Material actually removed, within limits approved by the Contracting Officer, leaving final side slopes no flatter than the side slopes indicated by the typical dredging sections shown on the drawings will be paid for, whether accomplished by dredging the original position or the space below the pay slope plane and allowing upslope materials to fall into the cut.

1.11.3 Excessive Dredging

Material taken from beyond the limits as extended in subparagraph, Side Slopes, will be deducted from the total amount dredged as excessive dredging and will not be credited.

1.12 NAVAL FIRING EXERCISES

During the dredging period for Bear Inlet to Brown Inlet, Contractor personnel shall be required to vacate the range area if a U.S. Naval

SECTION 35 20 23 Page 3

Gunfire Exercise is to be conducted. Upon notification from the U.S.

Marine Corps Range Control, the Contracting Officer will provide the Contractor 24-hours notice to move all personnel clear of the range limits and will notify the Contractor when he can return to the job site. Any equipment left at the work site shall be at the Contractor's risk. Any equipment removal shall be at the discretion and expense of the Contractor.

PART 2 PRODUCTS

Not used

PART 3 EXECUTION

3.1 DREDGE POSITIONING SYSTEM

Each dredge shall be equipped with an electronic positioning system, capable of positioning the dredge in the channel with accuracies as shown in Table 3.1 Minimum Performance Standards for Corps of Engineers Hydrographic Surveys (Mandatory) in USACE EM 1110-2-1003. This positioning system shall be established, operated, and maintained by the Contractor during the entire period of the contract. The positioning system shall be used to precisely locate the dredge and shall be capable of displaying and recording the dredge's location in an acceptable coordinate system, which can be related to, or is directly based on, the North Carolina Lambert State Plane Coordinate System. Navigation channel control, and shore station control, if required, will be provided to the Contractor in the same North Carolina coordinate system prior to commencement of work. It shall be the responsibility of the Contractor to have the positioning/navigation system reviewed, inspected and approved by the Contracting Officer's Representative prior to commencement of work.

3.2 DISPOSAL OF DREDGED MATERIAL

The Government furnished disposal areas are Disposal Area 286, the East End of Holden Beach, Onslow Beach, North Topsail Beach, Carolina Beach and the East End of Ocean Isle Beach, and Sheep Island, as indicated on the drawings.

The Contractor shall provide a total of two people, fully awake and alert, on the disposal area(s) at all times pumping operations are in progress and, if in the opinion of the Contracting Officer it is necessary, during non-pumping hours. A minimum of one dozer and operator shall be stationed at the dredging discharge line to ensure that the effluent is controlled in such a manner that high velocity discharge will not impinge on or cause erosion. The two people at the disposal area(s) shall be in constant contact with the lever room of the dredge and shall monitor the discharge and the pipeline for leaks to be certain material is not deposited outside the limits of the disposal area.

3.2.1 Disposal Area 286

Prior to disposal of dredged material at Disposal Area 286, the Contractor shall complete the installation of a new spillway system. The Contractor shall grade and smooth out the interior of the diked area to assure free drainage to the spillway riser prior to commencement of dredging and disposal operations.

Dredged material shall be placed in the disposal area as directed by the Contracting Officer. The Contracting Officer shall approve the pipeline

SECTION 35 20 23 Page 4 route to the disposal area and the pipe discharge point. The Contractor shall monitor the spillway during disposal operations and adjust the height of the spillway stoplogs to allow maximum settling of suspended solids and to assure proper drainage of the retained water. When adding or removing spillway stoplogs, Contractor personnel shall comply with fall protection requirements of USACE EM 385-1-1. The Contractor shall monitor the height of the retained water to ensure sufficient freeboard (2' minimum required) is maintained within the diked disposal area during the dredging operation to assure the integrity of the dike structure and the containment of the dredged material. The Contractor shall also inspect the spillway, dike and other critical areas during dredging operations for any evidence of potential instability such as cracking, seepage, piping, settlement or slope movement. At least four inspections per 24 hour day shall be conducted or as directed by the Contracting Officer. If evidence of instability is found, the Contractor shall notify the Contracting Officer immediately and suspend dredging operations until Government engineers can evaluate the stability. The breaking of a dike to permit free drainage will not be permitted. The Contractor shall be responsible for maintenance of the government furnished disposal area including the dikes and spillway system throughout the life of the contract.

3.2.2 Beach Disposal Areas

(a) Dredged material shall be deposited within the limits of the beach disposal areas as shown on the drawings. Placement of the material within each disposal area shall be in the form of a horizontal construction berm, not to exceed 150 feet wide, unless otherwise directed by the Contracting Officer, at an elevation of +6.0 feet NGVD 1929 (plus or minus

0.5 foot) and continue down the beach as far as the quantity of dredged material will allow. The dredged material shall be placed to provide a transition as shown on the drawings from the existing +6.0 feet NGVD 1929 contour or the existing ground elevation to the full 150 foot wide construction berm elevation +6 foot NGVD 29 at each end of the beach disposal areas. The seaward slope of the construction berm shall be allowed to assume its natural angle from the seaward crest of the berm to its point of intersection with the existing profile.

(b) The sea turtle moratorium is from May 1 to November 15. The Contractor shall not deposit dredged material in the disposal areas (see drawings) prior to November 16, 2009.

(c) Typical beach disposal sections are shown on the contract drawings. Any material placed above the allowable vertical limits of the construction berm shall be removed by the Contractor at his/her expense and placed within the limits of the disposal area as shown in the typical beach disposal section. Contractor is cautioned that tides, currents, storms, etc. may have altered the beaches since the date of photography shown on the drawings. It shall be the responsibility of the Contractor to perform any required beach surveys to verify the height and width of the beach disposal area, such that the dredged material may be placed in accordance with these plans and specifications.

(d) The Contractor shall not work closer to structures than the distance shown on the drawings. Structures damaged by the Contractor's operations shall be repaired to the satisfaction of the Contracting Officer at no cost to the Government or to the owners of damaged property.

(e) The use of a hydraulic pipeline dredge to dispose of dredged material on the beach front shall be required. It is not the intent of

SECTION 35 20 23 Page 5 this contract to place dredged material along the entire length of each beach disposal area. However, it is the intent of this contract to leave each disposal area as natural looking as possible. Any existing dunes, which must be altered by equipment, shall be restored. Any back diking to prevent erosion of existing dunes shall be the responsibility of the Contractor. The areas shall be cleaned and mechanically leveled as soon as possible after completion of material placement. The Contractor shall provide a minimum of one dozer with operator to manage and control the disposal of dredged material during the entire time material is being placed on the beach. Contractor shall be careful to avoid impacts to nearby structures.

(f) Objectionable Matter

Objectionable matter such as stumps, roots, logs, or other organic or inorganic debris having a diameter of 2 inches or more and/or a length of 1 foot or more, or accumulations of small vegetative growth or debris shall be collected and placed in a disposal area furnished by the Contractor and approved by the Contracting Officer as the work progresses. Objectionable matter such as large clay balls shall be broken up and mixed in with the beach fill section by an appropriate method approved by the Contracting Officer's Representative.

(g) Discharge Points

When the fill material is placed by discharging the material directly into the fill section, the dredge discharge points shall be manipulated and controlled by the Contractor in such a manner to minimize the loss of material into the surf zone.

(h) Longitudinal Dikes

For beach fill material placed by discharging the material directly into the fill section, the Contractor shall provide temporary longitudinal dikes and spreader and pocket pipe as necessary to prevent gullying and erosion of the beach and fill and to retain the fill on the beach and within the limits of the fill cross section. Longitudinal dikes shall initially be 300 feet long in advance of filling operations. Shorter lengths may be subsequently used if approved by the Contracting Officer. Structures within the fill section shall be protected by the Contractor to prevent damage thereof by the Contractor's operations.

(i) Any material, including material lost through leaks in the discharge line that is deposited or allowed to flow elsewhere than in places designated or approved by the Contracting Officer, will not be paid for and the Contractor may be required to remove such misplaced material, after coordination with appropriate State and Federal resource agencies, to the satisfaction of the Contracting Officer and the aforementioned state and federal resource agencies and deposit it where directed at his expense.

(j) Wood, metal and other sunken debris encountered during dredging or deposited on the beach during disposal of dredged material shall be removed and disposed of in a public or private upland disposal area in accordance with all applicable Federal, state, and local laws and regulations.

(k) The beach disposal areas are on public beaches except Onslow Beach. Vehicular traffic is allowed on Carolina Beach 24 hours/day. It shall be the responsibility of the Contractor to provide safe vehicular

SECTION 35 20 23 Page 6 access across the disposal pipe and to adequately mark the pipe alignment for day and night visibility.

(l) The areas to be dredged on Bear Inlet to Brown Inlet (Tangents E and F, Section 2) and the pipeline route are within highly active ground and air to ground firing ranges of the U.S. Marine Corps. Although the same portion of the AIWW has been dredged many times in the past without incident, coordination with base personnel confirms the fact that unexploded ordnance may be encountered within the area to be dredged as well as the pipeline route.

(1) Employee Identification: At least 10 days before mobilizing to Bear Inlet to Brown Inlet (Tangents E and F, Section 2), the Contractor shall furnish the Contracting Officer names, driver's license and vehicular tag numbers of each employee that will be working on this project. The Contractor shall require employees to display identification when requested.

If, there are any changes in employees who are assigned to the work at any time after the information is submitted and prior to completion of work in Tangents E and F, Section 2, the Contractor shall promptly furnish updated information to the Contracting Officer.

(2) It will be the responsibility of the Contractor to take those measures which he deems necessary to protect his/her plant and personnel prior to beginning work.

(3) The Contracting Officer will arrange an initial coordination meeting between the Contractor and the Marine Corps which will be held before the Contractor begins work on Bear Inlet to Brown Inlet (Tangents E and F, Section 2). When work begins, the Contractor shall coordinate all of his/her activities with the designated Marine Corps personnel on a day to day basis.

(4) The U.S. Marine EOD Team will sweep the pipeline route to the disposal area and provide personnel to standby during the entire operation.

3.2.3 Construction and Grade Stake Recovery Plan

(a) It is the intent of the Government that the welfare of the public be protected during dredging and beach construction activities. It is also the Government's intent to protect the welfare of the public after beach construction activity is completed. Beach grade stakes left in place, either by being broken off at or below grade, bulldozed over, or left in the surf creates a long term public hazard to beach goers and swimmers. Therefore, the Contractor shall prepare and submit to the Contracting Officer for review and approval a "Construction and Grade Stake Recovery Plan". The "Construction and Grade Stake Recovery Plan" shall outline steps necessary to recover all grade stakes installed for purposes of constructing beach disposal sections. The Recovery Plan shall maintain a log or map to inventory all the stakes used in the beach disposal construction. The log/map shall include information concerning the location, installation, and recovery of all stakes. The Contractor shall make this log/map available for review by the Contracting Officer upon request. Upon completion of the beach disposal, the Contractor shall furnish the log/map to the Contracting Officer.

(b) Grade stakes and any other stakes for any purpose shall be made of such material that can and shall be removed intact after filling to cross sections accepted by or as directed by the Contracting Officer. All

SECTION 35 20 23 Page 7 stakes shall have sufficient length above grade so they may not be accidentally covered by fill. The Contractor shall consecutively number each grade stake, shall clearly mark that number upon the stake, and shall record the location of each numbered stake in a grade stake log/map. The removal of each numbered stake shall be recorded in the grade stake log at the time of the stake removal. At the request of the Contracting Officer, all of the grade stakes shall be displayed after their removal to demonstrate those stakes that have been removed. All grade stakes placed within the limits of the beach fill work shall be numbered and shall be recorded in the log/map. It is the Contractor's responsibility to track, locate, and completely remove all grade stakes in their entirety to the satisfaction of the Contracting Officer.

3.3 MEASUREMENT AND PAYMENT

3.3.1 General

The total volume of all material removed and to be paid for under this contract will be measured by the cubic yards in place, by computing the volume between the bottom surface shown by soundings of the last survey before dredging each acceptance section and the bottom surface shown by the soundings of a survey made as soon as practicable after completion of each acceptance section. The calculations will exclude any volume of material removed from beyond the limits of the side slopes and/or below the allowable overdepth and will be further reduced by the volume of any misplaced material. All final pay quantities shall be determined from before and after dredging surveys conducted by the Government. The quantities measured as provided above will be paid for at the applicable contract unit price per cubic yard for bid items: Dredging, Bear to Brown Inlet Crossing Tangent F Section 2; Dredging Bear to Brown Inlet Crossing Tangent E Section 2; Dredging New River Inlet Crossing Tangent I Section 2;

Dredging New River Inlet Crossing Tangent J Section 2; Dredging New River Inlet Crossing Tangent 1 Section 3; Dredging Channel to Jacksonville Tangent 1 and Tangent 2 Sta. 0+00 to Sta. 30+00; Dredging Carolina Beach Inlet Crossing Tangent 1 Section 4 and Snows Cut Tangent 4A Section 5;

Dredging Lockwoods Folly River Crossing Tangent 8; Dredging Lockwoods Folly Inlet Crossing Tangent 11; and Dredging Shallotte Inlet Crossing Tangents 19 and 20, which price and payment shall constitute full compensation for dredging and furnishing all labor, tools, equipment, services and incidentals necessary to complete the work in accordance with this section of the specifications.

3.3.2 Contract Drawings

The drawings referred to in Section 00 01 15 LIST OF DRAWINGS, are believed to represent the conditions existing on the dates of survey.

The bottom conditions will be determined by before dredging surveys of each acceptance section prior to commencement of dredging and new maps representing the before dredging bottom conditions will be furnished to the Contractor. The new maps will show areas to be dredged along with revisions to the dredging areas if necessary. Determination of quantities removed and the deductions made therefrom to determine quantities by in-place measurement to be paid for in the areas specified, after having once been made, will not be reopened, except on evidence of collusion, fraud, or obvious error.

3.3.3 Monthly Partial Payments

Monthly partial payments will be based on estimated quantities determined

SECTION 35 20 23 Page 8 by the information from soundings taken behind the dredge. Discrepancies in the estimated amounts will be adjusted as required to conform with volumes computed in accordance with subparagraph, Contract Drawings.

Estimated quantities calculated shall be based upon satisfactory hydrographic surveys performed by the Contractor in a manner agreed upon by the Contracting Officer.

3.3.4 Method of Survey

Hydrographic surveys will be accomplished by the Government to determine the volume of material removed under this contract. The surveys will be accomplished with the use of an automated survey system installed aboard one of the Wilmington District's survey vessels.

3.3.4.1 Singlebeam Surveying Method

Horizontal location of survey lines and depth sounding points will be determined by the use of an automated positioning system utilizing DGPS (differential global positioning system). Depth soundings will be taken using a dual frequency (200/28 KHz) depth sounder. The fathometer will be calibrated using the bar check method and compared against a velocity cast to account for variations of the speed of sound in the water at the survey site. Payment for material removed will be based on 200 kHz depth soundings. The echo sounder system will be calibrated at the job site and verified for accuracy twice daily.

3.3.5 Survey Lines

Depth soundings will be secured by running survey lines parallel to the longitudinal axis of the channel. A sufficient number of lines will be run to assure good coverage of the bottom. A minimum of two (2) lines will be run within the grade slopes. The after dredging survey will be performed in the same manner as the before dredging survey. Weather permitting, before and after dredge surveys will be made during the same tidal stage.

3.3.6 Beach Profile Surveys

Beach profile surveys for pre-placement and post-placement shall be included in the appropriate contract unit price bid item for "DREDGING", as listed in the BIDDING SCHEDULE. Payment shall constitute full compensation for all labor, equipment, tools, and incidentals necessary to complete the work specified herein. Requirements for the onshore and offshore beach profile surveys are defined in Section 01 10 00.10 38, paragraph ADDITIONAL

SURVEYS AND SURVEY PERSONNEL REQUIREMENTS.

3.4 COMMUNICATIONS

The Contractor shall furnish and maintain a radiotelephone and a cellular phone on the dredge(s) throughout the period of the contract. The plant will not be allowed to begin work until the VHF marine band radio is installed and in good working order and a properly operating cellular phone is on board. The VHF marine band radio shall be capable of operation from the dredge's main control station and capable of transmitting and receiving on a frequency or frequencies within the 156-162 megahertz band using the classes of emissions designated by the Federal Communications Commission.

Continuous radio contact shall be maintained between the dredge control room and the inspectors of the disposal areas as well as the inspectors patrolling the pipeline.

SECTION 35 20 23 Page 9

3.5 LOCAL OFFICE

The Contractor shall maintain an office in the immediate vicinity of the project. This office shall be equipped with at least one operable telephone and fax machine, which provides both local and long distance service. The number for this equipment shall be provided to the Contracting Officer's Representative during the preconstruction conference and the telephone shall be monitored and answered by contractor personnel during working hours. The Contracting Officer may waive this requirement if suitable facilities are available on the dredge.

3.6 REPORTING REQUIREMENT

The Contractor shall be required to prepare daily a "Daily Report of Operations - Pipeline, Dipper, or Bucket Dredges" and furnish copies thereof to the Contracting Officer. The Contractor shall furnish daily a copy or copies of any Contractor forms or operational reports he routinely requires to be submitted by his field personnel.

3.7 COMPLIANCE WITH APPLICABLE NAVIGATION RULES AND REGULATIONS, MARINE

EQUIPMENT

The Contractor shall ascertain that all vessels used in performance of this contract are commanded, equipped, navigated and/or operated in strict compliance with the general regulations of the Department of the Army and of the U.S. Coast Guard, including but not limited to, applicable safety, environmental, and navigational rules and regulations in the Code of Federal Regulations.

Installations (i.e., pipelines, pipeline risers and/or booster stations) as may be placed by the Contractor on or over the seabed of the work area are obstructions or structures in accordance with Title 33 CFR SUBPART 67.01.

Such installations or portions thereof, are subject to applicable regulations set forth in Title 33 CFR, parts 64, 66 and 67. The responsibility for notifying the Commander, Fifth Coast Guard District, per Title 33 CFR SUBPART 67.40 and the responsibility of securing necessary installation approvals therefrom, rests with the Contractor. The further responsibility for maintaining and operating his job site installation and vessels in accordance with applicable laws also rests with the Contractor.

3.8 FLOATING PLANT INSPECTION AND CERTIFICATION

Floating plant inspection and certification shall comply with paragraph 19.A.01 of USACE EM 385-1-1.

3.9 QUALITY CONTROL

The Contractor shall establish and maintain quality control for the dredging and all other operations in connection therewith to assure compliance with contract requirements. The Contractor shall inspect for compliance with contract requirements and record the inspection of all operations including but not limited to the following:

Dredging is confined within the limits shown on the drawings.

The pipeline is periodically inspected for leakage as specified in paragraph PIPELINE LEAKAGE.

All joints of pipe for discharge line are tight and sound.

SECTION 35 20 23 Page 10

Disposal of dredged material is in accordance with the requirements of the specifications and drawings.

A copy of these quality control records, as well as the records of corrective action taken shall be furnished the Government as directed by the Contracting Officer.

3.10 DREDGING IN PROGRESS

(a) It shall be the responsibility of the Contractor to furnish and install a minimum of four (4) temporary "DREDGING IN PROGRESS" signs in the vicinity of the dredging operation. The signs shall be approved by the Contracting Officer's Representative prior to deployment.

(b) The "DREDGING IN PROGRESS" signs shall be installed on each end of the area being dredged and shall provide the following:

"CAUTION: DREDGING IN PROGRESS, NO WAKE (FOR ASSISTANCE, CONTACT

DREDGE ON CHANNEL 16)."

(c) The sign shall be 4'x8' in size and fabricated using 3/4", Douglas Fir, Exterior Marine-Grade, HDO plywood with 4"x4"x12' treated, No. 2 Southern Pine posts installed on pontoons or buoys. The Contractor shall install the signs in such a manner so that they will stay in place during relocation operations and rough seas. The sign face shall be non-reflective vinyl. All letters and logos shall be die-cut or computer-cut. Letter and logos sizes and application to the plywood panel shall conform to the graphic format shown in the U.S. Army Corps of Engineers Signs Standard Manual. Copies of the sign standards manual can be obtained from the Contracting Officer for specific fabrication and installation requirements.

(d) The signs shall be positioned in such a manner as not to obstruct the view of existing navigation aids or to be a hazard to navigation. The signs shall be maintained throughout the life of the project and thence removed immediately upon completion of the project.

3.11 SUBMERGED PIPELINE

(a) In the event the Contractor elects to submerge his/her pipeline, the location of the submerged pipeline shall be marked with signs, buoys, flags, and lights conforming to U.S. Coast Guard regulations and to the complete satisfaction of the Contracting Officer.

(b) At locations where submerged pipeline crosses a navigation channel, the Contractor shall place the pipeline at such a depth that the top of the pipe is below the authorized depth of the channel. The Contractor shall install and maintain red over red lights on both sides of the navigation channel marking the location of the submerged pipeline. At locations supported by trestle, the Contractor shall also install and maintain flashing yellow lights at 10-meter intervals from the red light marking the location of the pipeline to the shoreline. The Contractor shall erect and maintain a warning sign at locations where submerged pipeline crosses a recognized navigation channel. The signs shall be 4' by 8' in size and read:

"CAUTION: SUBMERGED PIPELINE CROSSING."

(1) Red over red lights shall be visible all around the horizon, SECTION 35 20 23 Page 11 visible for at least 2 miles on a clear dark night and one meter apart in a vertical line with the lower light at the same height, not less than 1 and not more than 3.5 meters, above the water at the yellow lights.

(2) Flashing yellow lights shall flash at a rate of 50 to 70 times per minute, shall be visible all around the horizon, shall be visible for at least 2 miles on a clear dark night, shall be not less than 1 and not more than 3.5 meters above the water, shall be equally spaced.

(c) When the submerged pipeline runs outside the navigation channel, the Contractor shall mark the pipeline route with buoys with yellow lights at intervals not to exceed 20 meters unless otherwise approved by the Contracting Officer and at abrupt changes in direction. The Contractor shall also erect signs at one (1) mile intervals along routes of submerged pipelines. The signs shall be 4' by 8' and read:

"CAUTION: SUBMERGED PIPELINE."

(d) All lights shall be visible for at least 2 miles on a clear dark night, visible all around the horizon, not less than one (1) and not more than 3.5 meters above the water and equally spaced.

3.12 EXISTING STRUCTURES

The Contractor shall exercise appropriate care when dredging adjacent to or in the vicinity of existing structures. The Contractor shall not work closer to existing structures than the distance shown on the drawings. Any damage to existing structures caused by impact from the dredge or other plant or by dredging in excess of specified limits, shall be repaired to the satisfaction of the Contracting Officer at no cost to the Government or to the owners of the structure.

3.13 PIPELINE ROUTES

3.13.1 General

The dredged material must be transported over routes that may include public property, navigable and non-navigable water, tidal marsh, wetlands, and under fishing piers. The pipeline routes shall be devised so as to minimize adverse impacts on nesting birds, sea turtles, vegetation, wetlands, wildlife, dunes, beach traffic and navigation. Approximate locations of pipeline routes to each beach disposal area are shown on the drawings. Any deviation from the pipeline routes shown on the contract drawings shall require approval from the Contracting Officer. Prior to placement of pipe at each work site, the Contractor shall meet onsite with the Contracting Officer's Representative. The Contractor shall obtain all necessary clearances and permits for alternate pipeline routes.

Local authorities will acquire and furnish all permits, rights-of-way or easements required for the pipeline routes shown and the areas shown or specified in which the beach fill is to be placed.

The Contractor shall furnish, install, and remove all necessary ramps or perform all necessary tunneling, trenching and repairs to pavements as required by State or local authorities at such pipeline road crossings where traffic would be obstructed, and shall maintain traffic control at these locations.

Pipeline routes in water shall stay either submerged or floating, but shall

SECTION 35 20 23 Page 12 leave the channels clear of obstruction and shall have lights and signs to clearly mark and identify pipe locations. Pipeline routes on land along streets shall be on one side only leaving one lane open for traffic.

If nesting birds are encountered during placement or removal of pipe, the Contractor shall comply with the requirements of subparagraph Migratory Birds and subparagraph Environmental Windows of Section 01 57 20.00 10.

3.13.2 Dune Crossing

It is the intent of these specifications to minimize the damage to the dunes and vegetation thereon. The Contractor shall exercise extreme care in placing the pipeline across the dunes to the beach. The designated route shall be followed to the extent practicable and in no case will deviations be made without the written approval of the Contracting Officer. The Contractor will not be allowed to grade, or otherwise disturb the natural dunes. Equipment used in placing and removal of the pipeline shall meet the approval of the Contracting Officer. Any degradation of the dune area caused by the Contractor's operation shall be restored as near as practicable to the natural condition. This restoration may include sprigging the area with American Beachgrass (ammophila breviligulata), as directed by the Contracting officer. Areas planted with American Beachgrass shall be fertilized with 30-10-0 analysis at the rate of 300 pounds per acre.

3.14 PIPELINE LEAKAGE

A tight dredge discharge pipeline shall be maintained along all sections of the pipeline to prevent spilling of dredged effluent outside of the disposal areas. To minimize damage caused by leaks in the pipeline, the Contractor shall provide a periodic patrol of the pipeline. A minimum of 12 daily inspections shall be made by the Contractor during disposal operations (four (4) inspections each 8-hour shift). The Contractor shall burlap and strap weld all joints of shore sections of pipeline. When significant leaks occur in the pipeline, which can cause erosion or appears to be a safety hazard to the public, the Contractor shall immediately cease pumping operations until the pipeline is repaired. Should any material leak into waters or wetlands, the Contractor shall promptly restore the waters or wetlands to the satisfaction of the Contracting Officer and responsible Federal and State resource agencies.

3.15 BOOSTER PUMPS

In the event booster pumps are required along the dredge pipeline, they shall be located so as to minimize the disturbance of residents. The location of all booster pumps shall be approved in advance by the Contracting Officer. All booster pumps shall be fitted with appropriate noise control devices as designated by the manufacturer. The noise control devices shall be maintained in proper condition throughout the life of the contract.

3.16 QUANTITIES SUMMARY

The estimated quantities for each channel reach are listed in Attachment 1 of this section. The estimated quantities provided in the attachment include the volumes present at the time of the surveys indicated in the contract drawings, plus anticipated shoaling before dredging begins.

Should the total quantity of material to be paid for under the contract

SECTION 35 20 23 Page 13 exceed the limit established in the clause entitled "Variations In Estimated Quantities" additional time will be allowed at the rate of one

(1) calendar day for the average daily production rate achieved by the equipment used on the project for excavation in excess of the established limit.

3.17 WATER POLLUTION CONTROL

3.17.1 Contamination of Water

The Contractor shall not pollute the channels or disposal areas with paints, fuels, oil, bitumens, calcium chloride, insecticides, herbicides, or any other substance, which may be considered harmful to fish, shellfish, or wildlife. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, County, and municipal laws concerning pollution of rivers and streams and health protection of shellfish, fish, and domestic animals.

3.17.2 Disposal of Materials

The methods and locations of disposal of materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., shall be such that harmful agents will not enter the waterway, ocean, and sound by erosion and shall be subject to approval by the Contracting Officer.

-- End of Section --

SECTION 35 20 23 Page 14

QUANTITIES SUMMARY IFB W912HN-09-B-0012 ATTACHMENT 1

Quantities are based on volumes present at the time of the surveys indicated on the contract drawings plus shoaling anticipated before dredging begins.

Cubic Yards 2-Foot Allowable Total Cubic Acceptance Section Required Depth (FT) to Required Depth Overdepth Yards

Bear to Brown Inlet Crossing Tangent E Section 2 -12 8,000 12,000 20,000 Tangent F Section 2 -12 29,000 26,000 55,000

Subtotal Bear to Brown Inlet Crossing 37,000 38,000 75,000

New River Inlet Crossing Tangent I Section 2 -12 23,000 7,000 30,000 Tangent J Section 2 -12 48,000 22,000 70,000 Tangent 1 Section 3 -12 9,000 6,000 15,000

Subtotal New River Inlet Crossing 80,000 35,000 115,000

Channel to Jacksonville Tangent I (Beach) -12 11,000 9,000 20,000 Tangent 2 Sta 0+00 to Sta 30+00 (Beach) -10 30,000 21,000 51,000

Subtotal Channel to Jacksonville 41,000 30,000 71,000

Carolina Beach Inlet Crossing Tangent 1 Section 4 -12 41,000 50,000 91,000

Snows Cut Tangent 1 Section 4 and Tangents 4 & 4A Section 5 -12 11,000 9,000 20,000

Subtotal Carolina Beach Inlet Crossing & Snows Cut 52,000 59,000 111,000

Lockwoods Folly River Crossing Tangent 8 -12 5,000 7,000 12,000

Lockwoods Folly Inlet Crossing Tangent 11 -12 100,000 50,000 150,000

Shallotte Inlet Crossing Tangent I9 -12 36,000 19,000 55,000 Tangent 20 -12 1,300 3,700 5,000

Subtotal Shallotte Inlet Crossing 37,300 22,700 60,000

Total 352,300 241,700 594,000