AIWWSC-TechSpecs-W912HN-09-B-0027.pdf

INVITATION FOR BIDS NO.

W912HN-09-B-0027

JUNE 2009

US Army Corps of Engineers Charleston District

RECOVERY –

MAINTENANCE DREDGING IN THE

ATLANTIC INTRACOASTAL WATERWAY,

WINYAH BAY TO ASHEPOO RIVER,

CHARLESTON, COLLETON AND

GEORGETOWN COUNTIES, SOUTH

CAROLINA

U. S. Army Corps of Engineers Charleston District 69-A Hagood Avenue Charleston, South Carolina 29403-5107

Construction Solicitation and Specifications

100% Small Business Set-Aside

RECOVERY – MAINTENANCE DREDGING IN THE ATLANTIC W912HN-09-B-0027

INTRACOASTAL WATERWAY, WINYAH BAY TO ASHEPOO RIVER,

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SOUTH CAROLINA

FRONT-END

CONTRACTING CLAUSES

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

TABLE OF CONTENTS

SECTION TITLE

00010 SOLICITATION, OFFER AND AWARD (Standard Form 1442)

BIDDING SCHEDULE

00100 INSTRUCTION TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

DIVISION 1 - GENERAL REQUIREMENTS

01100 GENERAL

01130 ENVIRONMENTAL PROTECTION

01312 QUALITY CONTROL SYSTEM (QCS)

01330 SUBMITTAL PROCEDURES

01451 CONTRACTOR QUALITY CONTROL

01525 SAFETY REQUIREMENTS

DIVISION 2 - SITE WORK

02325 DREDGING

ATTACHMENTS

STANDARD FORM 1442 -- SOLICITATION, OFFER AND AWARD

DESCRIPTION OF WORK: Maintenance Dredging of approximately 952,400 cubic yards of unclassified material from the Atlantic Intracoastal Waterway between Winyah Bay and Ashepoo River – Charleston, Colleton, and Georgetown Counties, South Carolina. Dredged material shall be placed in the designated disposal areas. Some of the disposal areas will require repair work to handle the disposal material from this project. Approximately 4 Spillways will need repairs, one of the disposal areas will require berming to restore eroded dike to match remaining dike, and some areas of the dikes may need to be sandbagged as necessary to contain dredged material.

MAGNITUDE OF WORK: $1,000,000 to $5,000,000.

SECTION 00100 PAGE 1

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SECTION 00010 – BIDDING SCHEDULE

SECTION 00010 – SOLICITATION CONTRACT FORM

BASE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7000AA 1 LUMP SUM _________________

MOBILIZATION AND DEMOBILIZATION FOR

SPECIFIED WORK

7000AB 767,400 Cubic Yards $___________ _________________

MAINTENANCE DREDGING OF UNCLASSIFIED

MATERIAL FROM SHOALS 2, 4, 6, 7, 8, 9, 10, 12, 13,

14, 17, AND 19

7000AC 1 LUMP SUM _________________

REPAIR SPILLWAYS/PIPE REPLACEMENT AT

DISPOSAL AREA 364N W-C

7000AD 1 LUMP SUM _________________

INSTALL SPILLWAY/PIPE AT DISPOSAL AREA

1764 C-P

7000AE 1 LUMP SUM _________________

REPAIR DIKE AT DISPOSAL AREA 645S W-C

TOTAL (COMBINATION OF ITEMS 7000AA – 0005) $_______________________

ADDITIVES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7000AF ADDITIVE 1 42,100 Cubic Yards $___________ _________________

MAINTENANCE DREDGING OF

UNCLASSIFIED MATERIAL FROM SHOAL 5

7000AG ADDITIVE 2 54,500 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 3

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

7000AH ADDITIVE 3 32,500 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 1

7000AI ADDITIVE 4 23,400 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 15

7000AJ ADDITIVE 5 1 LUMP SUM $___________ _________________

REPAIR SPILLWAY/PIPE REPLACEMENT

AT DISPOSAL AREA 1595 C-P

7000AK ADDITIVE 5 14,800 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 16

7000AL ADDITIVE 6 11,900 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 18

7000AM ADDITIVE 7 5,800 Cubic Yards $___________ _________________

UNCLASSIFIED MATERIAL FROM SHOAL 11

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SECTION 00100

INSTRUCTIONS TO BIDDERS

52.200-4803 ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

52.203-4000 SHARED PARTNERING

52.203-4002 CONTRACTOR STANDARDS OF CONDUCT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 99)

52.209-4004 PRE-AWARD INFORMATION

52.209-4006 PLANT AND EQUIPMENT SCHEDULE

52.210-4002 AVAILABILITY OF OTHER CITED SPECIFICATIONS

52.214-1 SOLICITATION DEFINITIONS – SEALED BIDDING (JUL 1987)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (MAR 1997)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV

1999)

52.214-10 CONTRACT AWARD SEALED BIDDING (JUL 1990)

52.214-12 PREPARATION OF BIDS (APR 1984)

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

52.214-18 PREPARATION OF BIDS—CONSTRUCTION (APR 1984)

52.214-19 CONTRACT AWARD - SEALED BIDDING - CONSTRUCTION (AUG 1996)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.219-4003 DISADVANTAGE BUSINESS SUBCONTRACTING

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

52.229-4001 HARBOR MAINTENANCE FEE

52.231-4001 NOTICE OF EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

52.233-2 SERVICE OF PROTEST (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

52.236-4060 INSPECTION OF SITE

52.236-4103 ACKNOWLEDGEMENT OF NOTICE TO PROCEED

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.204-7001 COMMERCIAL AND GOVERNMENT ENTITIY (CAGE) CODE REPORTING (AUG

1999)

--End of Section Table of Contents--

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SECTION 00600

REPRESENTATIONS AND CERTIFICATIONS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (APR 1991)

52.203-4011 COMPLETION AND SUBMISSION OF OMB STANDARD FORM-LLL

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT,AND OTHER RESPONSIBILITY MATTERS (APR 2001)

52.209-4001 PLANT AND EQUIPMENT SCHEDULE--LIST

52.209-4002 CERTIFICATE OF AUTHORITY TO BIND CORPORATION

52.209-4003 CERTIFICATE OF AUTHORITY TO BIND PARTNERSHIP

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2000) & ALTERNATE I

(OCT 2000) & ALTERNANTE II (OCT 2000)

52.219-2 EQUAL LOW BIDS (OCT 1995)

52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS

COMPETITIVENESS DEMONSTRATION PROGRAM (OCT 2000)

52.219-21 SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED INDUSTRY

CATEGORIES UNDER THE SMALL BUSINES COMPETITIVENESS

DEMONSTRATION PROGRAM (MAY 1999)

52.219-4005 SUBCONTRACTING REPRESENTATION (DEC 2000)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING

REQUIREMENTS (DEC 2001)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY

INSTITUTION REPRESENTATION (MAY 2001)

52.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

--End of Section Table of Contents

SECTION 00600 PAGE 1

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SECTION TABLE OF CONTENTS

SECTION 00700 - CONTRACT CLAUSES

52.202-1 DEFINITIONS (MAY 2000)(ALTERNATE I) (MAR 2001)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

INPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (APR 1991)

52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 1997)

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR

DEBARMENT (JUL 1995)

52.214-26 AUDIT AND RECORDS – SEALED BIDDING (OCT 1997)

52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA –

MODIFICATIONS – SEALED BIDDING (OCT 1997)

52.214-28 SUBCONTRACTING COST OR PRICING DATA – MODIFICATIONS – SEALED

BIDDING (OCT 1997)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUL1996)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (AUG 1996)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT – OVERTIME

COMPENSATION (SEP 2000)

52.222-6 DAVIS BACON ACT (FEB 1995)

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

52.222-9 APPRENTICES AND TRAINEES (FEB 1988)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 988)

52.222-12 CONTRACT TERMINATION – DEBARMENT (FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS BACON AND RELATED ACT REGULATIONS (FEB

1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (APR 2002)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(FEB 1999)

52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE

VIETNAM ERA (APR 1998)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE

VIETNAM ERA (APR 1998)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (APR 1998)

SECTION 00700 PAGE 1

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (MAY 2002)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT – CONSTRUCTION

MATERIALS (MAY 2002)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUL 2000)

52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC

ENTERPRISES (JUN 2000)

52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (AUG 1996)

52.228-1 BID GUARANTEE (SEP 1996)

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 1992)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUL 2000)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)

52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO

(APR 84)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-17 INTEREST (JUN 1996)

52.232-23 Alt I ASSIGNMENT OF CLAIMS (JAN 1986) – ALTERNATE I

52.232-25 PROMPT PAYMENT (FEB 2002)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2000)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR

REGISTRATION (MAY 1999)

52.233-1 DISPUTES (DEC 1998)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACT (APR 1984)

52.236-16 QUANTITY SURVEYS

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (AUG 1987)

52.248-3 VALUE ENGINEERING – CONSTRUCTION (FEB 2000)

52.249-2 Alt I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(SEP 1996) – ALTERNATE I

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION)(APR 1984)

SECTION 00700 PAGE 2

CHARLESTON, COLLETON AND GEORGETOWN COUNTIES,

SECTION 00700 PAGE 3

52.249-4500 BASIS FOR SETTLEMENT OF PROPOSALS (MAY 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE

CONTRACT-RELATED FELONIES (MAR 1999)

252.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAR 2001)

252.205-7000 PROVISIONS OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION

UNDER THE INTERMEDIATE RANGE NUCLEAR FORCES (INF) TREATY (NOV

1995)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY

THE GOVERNMENT OF A TERORIST COUNTRY (MAR 1998)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 1993)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)

525.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC

ENTERPRISES – DOD CONTRACTS (SEP 2001)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.242-7000 POSTAWARD CONFERENCE (DEC 1991)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

-- END SECTION TABLE OF CONTENTS --

SECTION 00800 -- SPECIAL CONTRACT REQUIREMENTS

52.201-4700 CONTRACTING OFFICER'S REPRESENTATIVE (COR) ADMINISTRATIVE

CONTRACTING OFFICER (ACO) ORDERING OFFICER

52-203-4002 PLANT AND EQUIPMENT SCHEDULE - LIST

52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52-211-4001 VARIATION IN ESTIMATED QUANTITY - DREDGING

52.211-4004 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

(SUPPLEMENTAL INSTRUCTIONS INCLUDED) DREDGING

*52.028-4002 BONDS-CONSTRUCTION CONTRACT

52.228-4001 REQUIRED INSURANCE

52.228-4001 II DOCUMENTATION OF INSURANCE

52.228-4002 BONDS – CONSTRUCTION CONTRACT

52.231-4500 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

52.232-4001 RELEASE OF CLAIMS - CONSTRUCTION

52.232-5001 CONTINUING CONTRACTS (MAR 1995) -- EFARS Not Used *52.232-5002 CONTINUING CONTRACTS (ALTERNATE) (MAR 1995) EFARS Not Used

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-4031a PLANT

52.236-4103 ACKNOWLEDGMENT OF NOTICE TO PROCEED (CESAC-CT)

52.236-4500 PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION (MAR

1995)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52-246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.203-4003 BASIS FOR SETTLEMENT OF PROPOSALS (MAY 1995)

252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

SECTION 00800 TABLE OF CONTENTS PAGE 1

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

FILL INS:

SECTION 00800 PAGE 1

LOCAL 52.211-4001 VARIATION IN ESTIMATED QUANTITY - DREDGING

(a) Read this clause in conjunction with the clause entitled VARIATIONS IN ESTIMATED QUANTITY (FAR 52.211-18).

(b) Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity within the required dredging prism.

No consideration for an adjustment in the contract unit price will be given for any variation in quantities of material below the required prism or outside the associated side slope lines, and such quantities will not be subject to any adjusted unit price.

(End of Clause)

52.211-4004 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(SUPPLEMENTAL INSTRUCTIONS INCLUDED) DREDGING

The Contractor shall be required to (a) commence work under this contract within the number of calendar days after the date the Contractor receives notice to proceed as specified below in the supplemental instructions, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time determined for completion as specified below in the supplemental instructions. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Supplemental Instructions:

(a) Commencement of Work

The Contractor shall be required to commence work under this contract within 30 calendar days after the date the Contractor receives notice to proceed.

(b) Prosecution and Completion of Work

The Contractor will be required to prosecute the dredging work at an average rate of not less than 150,000 cubic yards per month and to complete it within the number of days after the limiting date fixed for commencement;

determined by applying the average monthly rate above stipulated to the total quantity of material actually removed and to be paid for under the contract; provided that the quantity of material removed in any one month shall in no case be less than 75,000 cubic yards; provided, further that no waiver by the Contracting Officer of any failure of the Contractor to make in any month or series of months the rate of progress required by this paragraph shall be construed as relieving the Contractor from the obligation to make up the deficiency in future months and to complete the entire work within the time allowed by the contract. The time thus determined for completion shall include final clean up of the premises.

(c) Performance of Dredging Work for Others Outside the Requirements of this Contract

In the event the Contractor elects to perform dredging work contiguous to the project area but outside the requirements of this contract (i.e., for Federal, State, or local activities – “third party”), the Contractor shall have the approval of the Contracting Officer prior to moving off the construction site to perform third party work.

Reasonable adjustments in time may be granted the Contractor to perform this work at the discretion of the

SECTION 00800 PAGE 2

Contracting Officer. Time allotted may include time to relocate pipelines, dredge plant and to perform the third party work; however, it shall not include time for plant maintenance or similar delays that postpone resumption of work under this contract. The Contractor shall be responsible for the cost of any additional surveys required due to delays caused by this interruption of work.

(End of supplemental instructions)

52.212-0005 LIQUIDATED DAMAGES-CONSTRUCTION (APR 1984)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ 1,233 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

LOCAL 52.222-4003 REQUIRED WAGE RATES--CONSTRUCTION

******* NOTE: ATTACHMENTS INSERT WAGE RATES ******

52.232-5001 CONTINUING CONTRACTS (MAR 1995) EFARS

The sum of $XXXX has been reserved for this contract…

FAR 52.236-0001 PERFORMANCE OF WORK BY THE CONTRACTOR

(APR 1984)

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

End of Clause

52.236-0004 PHYSICAL DATA (APR 84)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The physical conditions indicated on the drawings and in the specifications are the result of surveys performed for the Charleston District, U.S. Army Corps of Engineers, and site investigations performed by Charleston District personnel.

(b) Weather conditions, transportation facilities and other pertinent information may be found in Technical Provisions, Section 01100 GENERAL, PHYSICAL CONDITIONS AND DATA.

SECTION 00800 PAGE 3

52-236-4031a PLANT

The contractor agrees to keep on the job sufficient plant to meet the requirements of the work. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications. Inspection of equipment listed in “Plant and Equipment Schedule” shall be made prior to commencement of work in order to determine if it is satisfactory so as to meet the requirements of the work. The plant shall be subject to inspection by the Contracting Officer and U.S. Coast Guard at all times. The plant listed on the Plant and Equipment Schedule, ENG Form 1619-R, is the minimum which the contractor agrees to place and maintain on the job unless otherwise determined by the Contracting Officer, and its listing thereon is not to be construed as an agreement on the part of the Government that it is adequate for the performance of the work.

252.236-7001 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (DEC 91)

(a) The Government will provide the Contractor, without charge, five sets 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 of any discrepancies;

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

and.

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

(c) In General—

(1) Large scale drawings shall govern small scale 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 which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the 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 specifications and the contract drawings identified as follows:

TITLE FILE DRAWING NO.

RECOVERY - MAINTENANCE DREDGING IN THE

ATLANTIC INTRACOASTAL WATERWAY,

WINYAH BAY TO ASHEPOO RIVER, CHARLESTON,

COLLETON AND GEORGETOWN COUNTIES, SC 9260

W912HN-09-B-0027 (in 28 sheets)

SECTION 00800 PAGE 4

(End of clause)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty (60%) percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty (40%) percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of-

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) the remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

MAINTENANCE DREDGING IN THE AIWW W912HN-09-B-0027

WINYAH BAY TO ASHEPOO RIVER

TECHNICAL PROVISIONS

PROJECT TABLE OF CONTENTS

DIVISION 01 GENERAL REQUIREMENTS

01100 GENERAL

01130 ENVIRONMENTAL PROTECTION

01312 QUALITY CONTROL SYSTEM (QCS)

01330 SUBMITTAL PROCEDURES

01451 CONTRACTOR QUALITY CONTROL

01525 SAFETY REQUIREMENTS

DIVISION 02 SITE WORK

02325 DREDGING

ATTACHMENTS

SECTION TABLE OF CONTENTS 01100 PAGE 1

SECTION 01100

GENERAL

PART 1 GENERAL

1.1 PRECONSTRUCTION CONFERENCE

1.1.1 Conference

1.1.2 Submittals

1.1.3 Quality Control System (QCS) File

1.1.4 Letter of Record

1.2 PROGRESS CHARTS

1.2.1 Periodic Progress Charts

1.2.2 Submittal of Progress Chart (ENG Form 2454)

1.2.3 Preparation of Progress Chart

1.2.4 Modifications

1.3 CERTIFICATES OF COMPLIANCE

1.4 CONSOLIDATED REPORT

1.5 PHYSICAL CONDITIONS AND DATA

1.5.1 General

1.5.2 Physical Conditions

1.5.3 Weather Conditions

1.5.4 Transportation Facilities

1.5.5 Tides

1.5.6 Channel Traffic

1.5.7 Obstruction of Channel

1.5.8 Condition of Site

1.5.9 Records

1.6 Project Identification Sign

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01100 PAGE 1

SECTION 01100

GENERAL

1.1 PRECONSTRUCTION CONFERENCE

1.1.1 Conference

A Preconstruction Conference will be arranged by the Contracting Officer's Representative after award of contract and before commencement of work. The Contracting Officer's Representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

1.1.2 Submittals

The Contractor shall bring to this conference the following items in completed form:

(a) Safety Plan in the format Minimum Basic Outline for Accident Prevention Program, including Diving Plan if required (See ATTACHMENTS)

(b) Emergency Response Procedures including employee certificates for current First Aid and CPR training

(c) Letter appointing Contractor Quality Control System Manager

(d) Quality Control Plan

(e) Environmental Protection Plan

(f) Hazard Analysis Plan

(g) List of Subcontractors including written statement that no first tier subs are presently debarred or suspended from Government work

1.1.3 Quality Control System (QCS) File

The Contractor shall bring the “Export to RMS” file for import to the Corps of Engineers RMS (Resident Management System). This file shall be in accordance with the Section 01312, QUALITY CONTROL SYSTEM (QCS) and shall include current information on the following:

(a) Prime Contractor Data

(b) Subcontractor Data

(c) Insurance Data

(d) Equipment Data

(e) Submittal Register

(f) Correspondence

(g) Features of Work

(h) Activity Schedule

(i) Pay Activity Data

1.1.4 Letter of Record

A Letter of Record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer's Representative to all in attendance.

1.2 PROGRESS CHARTS

1.2.1 Periodic Progress Charts

SECTION 01100 PAGE 2

In consonance with the Contract Clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, the Contractor shall be guided by the following requirements and procedures as pertain to submission of an initial and subsequent periodic construction progress charts. These charts as approved and updated shall provide the basis for determination of the amounts of partial payments.

1.2.2 Submittal of Progress Chart (ENG Form 2454)

The Contractor shall submit three copies of the initial Progress Chart after the receipt of the Notice to

Proceed and prior to the commencement of work. Blank ENG Form 2454 (See ATTACHMENTS) will be furnished the Contractor as soon after award as practicable for his use in submitting his contract progress schedules for approval. Three copies of monthly updated progress schedules are to be furnished by the Contractor and submitted with all progress payments. All copies of the chart shall be full-size and legible.

1.2.3 Preparation of Progress Chart

The Contractor shall indicate on the progress chart the bid items contained in the contract, showing the amount of the item and its relative weighted percentage of the total contract. The Contractor may separate features of work under each item to show salient work elements such as procurement of materials, plant, and equipment, and supplemental work elements such as excavation, reinforcing steel, backfill, etc. These salient features shall total to the cost and weighted percentages shown for the major bid item. When quantity variations impact the weighted percentage of a separate item by five percent or more, the Contractor shall revise the contract progress charts to accurately reflect the impact of such variations.

1.2.4 Modifications

Modifications to the contract which are minor in nature shall be listed and scheduled separately in order of their issuance and as reported on the associated request for partial payment. Completion of work on minor modifications shall be noted as work progresses. When major modifications are issued in which one or more of the bid items are significantly changed monetarily or in time of completion, the progress schedule should be revised to incorporate such changes showing revised item completion dates and overall new completion date, as applicable.

1.3 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in one (1) copy unless otherwise specified. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.4 CONSOLIDATED REPORT

The Contractor shall submit a consolidated report within 30 days after completion of all work associated with this contract and shall include, as a minimum, the information listed on the form, CONSOLIDATED REPORT provided in the ATTACHMENTS. Final payment to the Contractor will not be made until the Contracting Officer has received this report.

1.5 PHYSICAL CONDITIONS AND DATA

1.5.1 General

SECTION 01100 PAGE 3

Data and information furnished or referred to below are for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

1.5.2 Physical Conditions

The physical conditions indicated on the drawings and in the specifications are the result of site investigations by the U.S. Army Corps of Engineers, Charleston District. It highly recommended that bidders conduct their own investigations and decide for themselves the character of the materials and difficulties of performing the work.

1.5.3 Weather Conditions

The areas in which work is to be done under these specifications are workable during the entire year;

however, tropical storms may require that operations be suspended temporarily. The season for tropical storms is during the period June through November; during such disturbances precaution should be taken to secure all plant and equipment.

1.5.4 Transportation Facilities

The Port of Charleston and the Port of Georgetown are both served by railroad. Marine repair facilities, docking and fueling facilities, provisions, and marine supplies area also available.

1.5.5 Tides

Mean Spring Mean Tide Range Range Level Station (ft) (ft) (ft mllw)

Winyah Bay

Winyah Bay Entrance (South Jetty) 4.6 5.4 2.5 Georgetown Lighthouse 3.89 4.51 2.15 South Island Plantation (C.G. Station) 3.81 4.38 2.07 South Island Ferry, Intracoastal Waterway 3.73 4.33 2.01 Frazier Point 3.5 4.1 1.8

North Santee River Inlet 4.5 5.3 2.3 Cedar Island, North Santee Bay 4.19 4.86 2.28 Minim Creek ent., ICWW, North Santee Bay 3.97 4.61 2.17 North Santee Bridge 3.8 4.2 2.0 Cedar Island Point, South Santee River 4.1 4.8 2.1 Brown Island, South Santee River 4.1 4.8 2.1 U.S. Highway 17 bridge, South Santee River 4.07 4.68 2.20 Pleasant Hill Landing, Santee River 2.28 2.64 1.28 Jamestown Bridge, Santee River #25 1.15 1.33 0.64

Cape Romain 4.7 5.5 2.5

Bulls Bay Five Fathom Creek entrance 4.9 5.8 2.6 McClellanville, Jeremy Creek 4.86 5.59 2.60 Harbor River entrance 4.9 5.8 2.6 Buck Hall, Awendaw Creek 4.97 5.77 2.67 Jack Creek entrance 5.0 5.9 2.7 Wharf Creek entrance 5.1 6.0 2.7

Moores Landing, ICWW, Sewee Bay 5.04 5.85 2.71 Price Creek, North Capers Island 4.80 5.52 2.57 Old Capers Landing, Santee Pass, Capers Island 4.93 5.67 2.62 North Dewees Island, Capers Inlet 4.76 5.62 2.56 Capers Creek, South Capers Island 4.89 5.62 2.63 South Dewees Island, Dewees Inlet 4.93 5.67 2.63 Hamlin Sound 5.19 5.97 2.78 Isle of Palms Pier 4.94 5.68 2.65 Hamlin Creek, Isle of Palms 5.04 5.80 2.71 Breach Inlet, Isle of Palms 4.94 5.68 2.66 Sullivans Island (outer coast) 5.2 6.1 2.8 Ben Sawyer Bridge ICWW 5.05 5.81 2.71

Charleston Harbor Fort Sumter 5.09 5.90 2.72 The Cove, Fort Moultrie 5.08 5.84 2.72

SECTION 01100 PAGE 4

Fort Johnson 5.09 5.90 2.74 Shem Creek 5.20 6.03 2.79 CHARLESTON (Customhouse Wharf) 5.22 6.15 2.80 Shipyard Creek, 0.8 mile above entrance 5.3 6.1 2.8

Stono River Snake Island 5.27 6.06 2.83 Abbapoola Creek entrance 5.36 6.22 2.86 Elliott Cut entrance 5.14 5.91 2.79 Pennys Creek, west entrance 5.32 6.12 2.91 Sandblasters, Pennys Creek 5.26 6.21 2.91 Limehouse Bridge 5.58 6.58 3.04 Church Flats 6.37 7.33 3.41 Kiawah River Bridge 5.60 6.44 2.97

North Edisto River Ocella Creek, 2 mi. above entrance 5.7 6.6 3.0 Rockville, Bohicket Creek 5.76 6.68 3.09 Ho-Non-Wah Boy Scout Camp, Bohicket Creek 5.93 6.82 3.17 Oak Branch, Bohicket Creek 6.66 7.73 3.55 Point of Pines 5.66 6.51 3.04 Leadenwah Creek, 3 mi. above entrance 5.99 6.89 3.21 Steamboat Landing, Steamboat Creek 6.02 6.92 3.22 Windsor Plantation, Russel Creek 6.40 7.42 3.41 Dawho Bridge, Dawho River 6.17 7.10 3.29 Park Island, Tom Point Creek 6.40 7.42 3.43 Toogoodoo Creek, 2 mi. above entrance 6.36 7.31 3.38 Lower Toogoodoo Creek, 2 mi. above ent 6.73 7.94 3.61

Wadmalaw River Bluff Point 6.13 7.05 3.28 Yonges Island 6.50 7.48 3.47 Johns Island, Church Creek 6.85 7.88 3.64 Church Creek bridge 6.93 8.04 3.66

Edisto Beach, Edisto Island 5.75 6.61 3.08

South Edisto River Edisto Marina, Big Bay Creek entrance 5.96 6.85 3.18 Carters Dock, Big Bay Creek 5.97 6.87 3.18 Peters Point, St. Pierre Creek 6.09 7.00 3.25 Fenwick Island 6.19 7.12 3.32 Pine Landing 6.29 7.30 3.36 Dawho River 6.15 7.07 3.29 Willtown Bluff, Edisto River 5.69 6.54 3.06 Hope Creek, Edisto River 5.62 6.46 3.04 Penny Creek, south of, Edisto River 4.97 5.72 2.75 Jacksonboro Camp 4.04 4.65 2.21

Helena Sound Otter Island 6.01 6.91 3.21 Johnson Creek Bridge, Hunting Island 5.88 6.76 3.13 Harbor River Bridge 6.09 7.00 3.25

Ashepoo River Seabrook 6.2 7.3 3.3 Ashepoo-Coosaw Cutoff, ICWW 6.20 7.19 3.30 Musselboro Island, Mosquito Creek 6.22 7.15 3.31 Hutchinson Island 6.01 6.97 3.20 Bluff Islands 5.79 6.72 3.10 Brickyard Ferry, swing bridge 4.82 5.59 2.60 Airy Hall Plantation 4.16 4.71 2.25

Tidal benchmark information may be obtained from U.S. Department Of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service at the NOS website, www.co-ops.nos.noaa.gov.

1.5.6 Channel Traffic

Traffic in the Atlantic Intracoastal Waterway consists generally of tugboats, commercial barges, fishing boats, and pleasure craft. It may be necessary to suspend dredging operations temporarily and swing the dredge to the side of the channel for the passage of the larger of these vessels.

1.5.7 Obstruction of Channel

SECTION 01100 PAGE 5

The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the Rivers and Harbors Act approved 8 August 1917. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make it difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles and other markers placed by him under the contract in navigation waters or on the shore.

1.5.8 Condition of Site

It is highly recommended that prospective bidders examine the areas of work, prior to submission of bids, in order to determine for themselves the accessibility for transportation of personnel, supplies and equipment and also to familiarize themselves as to the nature and general arrangement of work areas. The Contractor shall obtain any and all rights-of-entry across private lands that he might use.

1.5.9 Records

Maps indicating previously dredged depths and recent dredging records are available for review at the

Corps of Engineers, Charleston District, Navigation Section, 69A Hagood Avenue, Charleston, South Carolina. Bidders can schedule appointments to view these records with Mr. Mark Taylor, phone (843) 329-8146. Copies of historical files other than those which Mr. Taylor has assembled may be requested under the Freedom of Information Act, attention Office of Counsel. These records will be released to the Contractor within ten working days after the receipt of a proper Freedom of Information Act request.

1.6 Project Identification Sign

The Contractor shall furnish and install one (1) project sign at the location designated by the Contracting Officer's Representative within 30 days after Notice to Proceed. The sign shall be fabricated in accordance with U.S. ARMY CORPS OF ENGINEERS (USACE) EP 310-1-6a (See ATTACHMENTS), with content and emblems as required by the Government. All contracts funded by the American Recovery and Reinvestment Act (ARRA) shall place the ARRA emblem beneath the Corps Castle. Prior to fabrication, the contractor shall submit a preliminary sign layout for review and approval of the Contracting Officer's Representative within 5 days after the Preconstruction Conference. The project sign shall be maintained and damages repaired for the entire construction period at no additional cost to the Government. Upon completion of the project, the sign shall be removed from the site.

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION TABLE OF CONTENTS 01130 PAGE 1

GENERAL REQUIREMENTS

SECTION 01130

ENVIRONMENTAL PROTECTION

1.1 GENERAL REQUIREMENTS

1.2 QUALITY CONTROL

1.3 REFERENCES

1.4 DEFINITIONS

1.4.1 Environmental Pollution and Damage

1.4.2 Environmental Protection

1.4.3 Contractor Generated Hazardous Waste

1.4.4 Pesticide

1.4.5 Pests

1.4.6 Waters of the United States

1.4.7 Wetlands

1.5 SUBCONTRACTORS

1.6 PAYMENT

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8.1 Environmental Protection

1.8.2 Environmental Litigation

1.8.3 Work in Quarantined Areas (1968 May OCE)

1.9 ENVIRONMENTAL PROTECTION PLAN

1.9.1 Compliance

1.9.2 Contents

1.9.3 Appendix

1.10 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

1.11 NONCOMPLIANCE

1.12 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.13 NOTIFICATION

1.14 QUALITY CONTROL

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 ENVIRONMENTAL COMMITMENTS

3.2 WATER RESOURCES

3.3 AIR RESOURCES

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.4.4 Fuel and Lubricants

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.7 BIOLOGICAL RESOURCES

SECTION TABLE OF CONTENTS 01130 PAGE 2

3.8 COMPLIANCE WITH ENDANGERED SPECIES ACT AND THE MARINE MAMMALS PROTECTION

ACT

3.8.1 Manatees

3.8.1.1 Protection of Manatees

3.8.1.2 Time Manatee Conditions Apply

3.8.1.3 Avoidance of Manatees

3.8.1.4 Vessel Speed

3.8.1.5 Sightings and Reporting

3.9 Environmental Report

-- End of Section Table of Contents --

SECTION 01130 PAGE 1

SECTION 01130

ENVIRONMENTAL PROTECTION

1.1 GENERAL REQUIREMENTS

The Contractor shall furnish all labor, materials and equipment and perform all work required to prevent environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. For the purpose of this specification, environmental pollution and damage are defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare;

unfavorably alter ecological balances of plant or animal communities; or degrade the utility of the environment of aesthetic, cultural, or historical perspective. Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction. The control of environmental pollution and damage requires consideration of air, water, and land, biological and cultural resources; and includes management of visual aesthetics, noise, solid, gaseous, and liquid waste, radiant energy and radioactive materials, and other pollutants. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable Federal, state and local environmental laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.2 QUALITY CONTROL

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.3 REFERENCES

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

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

SECTION 01130 PAGE 2

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2003) U.S. Army Corps on Engineers Safety and Health

Requirements Manual

ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples, ENG Form 1743, ENG Form 1743A

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report

Y-87-1

1.4 DEFINITIONS

1.4.1 Environmental Pollution and Damage

Environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of plant or animal communities; or degrade the environment from an aesthetic, cultural or historic perspective.

Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction. The control of environmental pollution and damage requires consideration of air, water, land, biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive materials; and other pollutants.

Stewardship of environmental and cultural resources is an important responsibility of the Corps of

Engineers and its contractors, and thus is a continual goal. For the purpose of this specification, environmental and cultural resource protection includes preventing (1) release into the environment of significant amounts of pollutants (chemical, physical, or biological substances or agents) having the potential to adversely affect human health or other life forms; (2) addition of excessive, quantities of silt and/or sediment to water bodies; (3) unfavorable alteration of ecological relationships; (4) significant adverse impacts on fish and wildlife resources; (5) reduction of aesthetic or recreational values of the environment; (6) creation of major or unpleasant increases in noise levels; and (7) disturbance of significant historical or archaeological objects. The Contractor shall conduct all activities performed under this contract in a manner which supports these protection goals, including the use of management measures to control solid and liquid waste, noise levels, radioactive materials, siltation and sedimentation, and pollutants in any form. The work covered by this section consists of furnishing all labor, material, and equipment and performing all work required for environmental protection during and/or as a result of construction operations under this contract. Additional instructions related to specific aspects of environmental and cultural resource compliance appear in other provisions of these specifications

1.4.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.4.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by

SECTION 01130 PAGE 3

the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.4.4 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.4.5 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.4.6 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.4.7 Wetlands

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.5 SUBCONTRACTORS

The Contractor shall ensure that all subcontractors comply with the requirements of this section.

1.6 PAYMENT

The Contractor shall be responsible for payment of fees associated with environmental permits, applications, and/or notices obtained by the Contractor. The Contractor shall also be responsible for payment of all fines and fees for violation of, or non-compliance with, Federal, state, regional, and local laws and regulations. No separate payment will be made for work covered under this section. All costs for complying with the requirements of this section shall be included in the contract prices for other items of work.

1.7 SUBMITTALS

Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only.