W912PM-15-B-0001-0001.pdf

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

W912PM-15-B-0001, Maintenance Dredging, of the Military Ocean Terminal, Sunny Point, Brunsw ick County, North Carolina is amended as follow s:

a.) Changes to the specifications and draw ings can be found in the attached Summary of Changes page.

b.) The time and date of bid opening remains unchanged.

c.) All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 19-May-2015

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 W912PM-15-B-0001

X 9B. DATED (SEE ITEM 11)

24-Apr-2015

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 1 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

19-May-2015

CODE

U S ARMY CORPS OF ENGINEERS

WILMINGTON DISTRICT

ATTN: DANNY KISSAM

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM-15-B-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

W912PM-15-B-0001

Amendment 0001

Technical Summary of Changes

35 20 23 - DREDGING

Delete existing Pages 1 THRU 12 in their entirety and replace with revised enclosed like-numbered Pages.

NOTE:

Text that is added or revised by this amendment is identified with ***Amendment 0001(beginning and ending of revision/addition) and printed in bold.

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 existing Plate Number CN103 in its entirety and replace with revised enclosed Plate.

-- End of Summary of Changes- -

Encls As Stated

Maintenance Dredging MOTSU BUCKET/BARGE W912PM-15-B-0001

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 REFERENCES

1.2 DESCRIPTION OF WORK

1.3 SUBMITTALS

1.4 WORK COVERED BY CONTRACT PRICE

1.5 ORDER OF WORK

1.6 ACCEPTANCE AREAS

1.7 SECURITY BARRIER CABLES

1.8 CHARACTER OF MATERIALS

1.9 NOTICES

1.10 NAVIGATION AIDS

1.11 MISPLACED MATERIAL

1.12 OVERDEPTH AND SIDE SLOPES

1.12.1 Overdepth

1.12.2 Side Slopes

1.12.3 Excessive Dredging

1.13 TIDE DATA

1.13.1 Real Time Kinematic (RTK) GPS

1.13.2 Kinematic Tidal Datum

1.13.3 RTK GPS Disputes

1.14 MEASUREMENT AND PAYMENT

1.14.1 Volume of Material Removed

1.14.2 Contract Drawings

1.14.3 Monthly Partial Payments

1.14.4 Method of Survey

1.14.5 Singlebeam Surveying Method

1.14.6 Survey Lines

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DREDGING EQUIPMENT

3.2 DREDGE POSITIONING SYSTEM

3.3 DREDGING LOADS

3.4 QUANTITIES SUMMARY

3.5 ENVIRONMENTAL WINDOWS

3.6 FENDER TIRES

3.7 DISPOSAL OF DREDGED MATERIAL

3.7.1 New Wilmington Ocean Dredged Material Disposal Site

3.7.2 Dredged Material Disposal Plan

3.8 REQUIRED TRANSPORTATION ROUTE

3.9 LOCAL OFFICE

3.10 COMMUNICATIONS

SECTION 35 20 23 Page 1 (Revised by Amendment 0001)

3.11 COMPLIANCE WITH APPLICABLE NAVIGATION RULES AND REGULATIONS,

MARINE EQUIPMENT

3.12 FLOATING PLANT INSPECTION AND CERTIFICATION

3.13 REPORTING REQUIREMENT

3.14 WATER POLLUTION CONTROL

3.14.1 Contamination of Water

3.14.2 Disposal of Materials

3.15 EMERGENCY DUMPS

3.16 SURFACE TRANSPORT OF DREDGED MATERIAL

3.17 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

3.18 EXISTING STRUCTURES

3.19 QUALITY CONTROL

ATTACHMENT:

Attachment 1 - Quantities Summary

-- End of Section Table of Contents --

SECTION 35 20 23 Page 2

SECTION 35 20 23

DREDGING

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (30 November 2014) Safety and Health Requirements Manual

EM 1110-2-1003 (2002) Hydrographic Surveying

1.2 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 drawings for Maintenance Dredging, Military Ocean Terminal, Sunny Point, Brunswick County, North Carolina.

(b) The depth, bottom widths and lengths to be dredged are shown on the drawings. The Contractor shall remove sufficient material to provide the depth and side slopes indicated by the typical dredging sections shown on the drawings and as specified in paragraph, OVERDEPTH AND SIDE SLOPES.

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.

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, A" 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

Dredged Material Disposal Plan; G, A

1.4 WORK COVERED BY CONTRACT PRICE

The contract price per cubic yard for "Dredging" as listed in the BIDDING SCHEDULE shall include all costs associated with plant, equipment, materials, supplies, labor, and incidental expenses in connection with the excavation, transportation and disposal of all dredged material.

SECTION 35 20 23 Page 3

1.5 ORDER OF WORK

Unless otherwise directed by the Contracting Officer or their designated representative, the order of work shall be at the discretion of the Contractor.

1.6 ACCEPTANCE AREAS

The areas to be dredged shall be divided into acceptance areas as shown on the drawings. The acceptance areas are as follows.

- Center Wharf Turning Basin

- South Wharf Turning Basin & Approach Channel South to Center Wharf

- Approach Channel South Entrance

- Approach Channel Middle Entrance

The Center Wharf Turning Basin Acceptance Area shall be subdivided into 3 acceptance sections as shown on the drawings.

***AMENDMENT 0001***

1.7 SECURITY BARRIER CABLES

Prior to dredging Approach Channel Middle Entrance the contractor shall remove the existing security barrier cables crossing the channel between dolphin piles 22 and 23. Upon completion of dredging the contractor shall furnish and install new security barrier cables between dolphin piles 22 and 23. See Plate CN103 of the contract drawings, reference drawings and Appendix A for security barrier cable information and removal and installation requirements.

***AMENDMENT 0001***

1.8 CHARACTER OF MATERIALS

The material to be removed is predominantly composed of shoaled material which has occurred since the various areas were last dredged. The predominant material to be dredged is a silt, clay, sandy silt or sandy clay material. Some sand may be encountered, but primarily at the channel entrance. Wood, metal and other sunken debris that may have become lodged in the channel may also be encountered. No subsurface investigations have been made for this maintenance dredging project. Historic subsurface investigation data from previous dredging contracts are available from the Wilmington District upon request.

1.9 NOTICES

(a) The Contractor shall give the Contracting Officer or his/her designated representative, five (5)days advance written notice before commencing work.

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

(c) The Contractor shall be responsible for requesting Government after-dredging surveys. The Government will conduct after-dredging surveys, within three (3) working days of a written request from the

SECTION 35 20 23 Page 4

Contractor.

1.10 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. Before the commencement of dredging, it shall be the responsibility of the Contractor to examine all channels to determine any need for moving of aids to navigation and to provide the U.S.

Coast Guard (USCG) and any other responsible parties notification 5 weeks prior to needing a navigation aid moved. The USCG point of contact is CWO4 Scott McAloon, phone 252-247-4525, email: Scott.McAloon@uscg.milScott. Any impacts to the work due to the inability of the Contractor to accomplish any needed movement of aids to navigation will not be the responsibility of the United States Government or of the Contracting Officer or his/her designated representative.

1.11 MISPLACED MATERIAL

Any material, that is deposited or allowed to flow elsewhere than in places designated or approved by the Contracting Officer or his/her designated representative will be considered as misplaced material. Misplaced material includes dredged material deposited outside the specified Ocean Dredged Material Disposal Site (ODMDS) disposal zone and any dredged material mounded higher than elevation -30 feet MLLW within the ODMDS disposal zone. Material placed without the specified National Dredging Quality Management Program system monitoring data, shall be considered misplaced materials under this contract. If, in the opinion of the Contracting Officer or his/her designated 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 consult with the Contracting Officer or his/her designated representative to determine how to remove the misplaced material with minimal additional impact. The removal of such misplaced material must be completed to the satisfaction of the Contracting Officer or his/her designated representative at the Contractor's expense. No payment will be made for misplaced material.

If the Contractor loses, dumps, throws overboard, sinks, or misplaces any plant, machinery, or appliances, which in the opinion of the Contracting Officer or his/her designated representative 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 his/her designated representative 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 or his/her designated representative 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.).

1.12 OVERDEPTH AND SIDE SLOPES

1.12.1 Overdepth

This contract allows overdepth dredging. No payment will be made for any

SECTION 35 20 23 Page 5 material that is removed from below the allowable overdepth or outside of the indicated side slopes.

1.12.2 Side Slopes

Material actually removed within limits approved by the Contracting Officer or his/her designated representative, 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 up slope materials to fall into the cut.

1.12.3 Excessive Dredging

Material taken from beyond the limits as extended in subparagraph, Side Slopes and in subparagraph Overdepth, will be deducted from the total amount dredged as excessive dredging and will not be credited. The Contractor is advised that dredging conducted outside the authorized footprint (including depth) could be considered a violation of state and federal laws, requiring restoration, mitigation, or fines. Any additional costs incurred by the Contractor, or requirements for restoration or mitigation resulting from dredging outside the limits identified in the plans shall not be charged to the government. Nothing herein shall be construed to prevent payment for the removal of shoals performed in accordance with Section 01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS, paragraph FINAL EXAMINATION AND ACCEPTANCE.

1.13 TIDE DATA

1.13.1 Real Time Kinematic (RTK) GPS

Real Time Kinematic (RTK) GPS will be used by the Corps of Engineers to determine real time water levels (tide corrections) in the project area.

If the Contractor desires to obtain these corrections, he/she shall be responsible for providing navigation equipment capable of utilizing the transmitted signals from North Carolina Geodetic Surveys Continuously Operating Reference Station Network. Contact Mr. Bart Alligood (System Administrator) for access at 919-948-7834.

1.13.2 Kinematic Tidal Datum

A file listing the separations between the Reference Ellipsoid and the Chart Datum (Mean Lower Low Water) will be provided to the Contractor for entry into the hydrographic survey software. A Tidal Datum Diagram showing the relationship between NAVD 88 and Mean Lower Low Water will be provided upon request.

1.13.3 RTK GPS Disputes

Any discussions or dispute regarding the validity and use of this method of surveying and determining of real time tides must be resolved prior to the commencement of dredging on this project.

1.14 MEASUREMENT AND PAYMENT

1.14.1 Volume of Material Removed

The total volume of all material removed and to be paid for under this contract will be measured by the cubic yard, by computing the difference in

SECTION 35 20 23 Page 6 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, vertical cuts, 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. All work connected with excavation, transportation and disposal of dredged material shall be included in the contract price for "Dredging".

1.14.2 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.

ASCII data files in xyz format of the condition surveys are available on the Fed Biz Ops webpage http://www.fbo.gov. 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 of the area will be furnished to the Contractor. The new maps will show areas to be dredged along with revisions to the dredging areas if needed. 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.

1.14.3 Monthly Partial Payments

Monthly partial payments will be based on estimated quantities determined 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 or his/her designated representative.

1.14.4 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. Vertical datum for all hydrographic surveys will be mean lower low water.

1.14.5 Singlebeam Surveying Method

The singlebeam survey system will be used. 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 28kHz frequency depth sounder. The fathometer will be calibrated using velocity casts to account for variations of the speed of sound in the water at the survey site and compared to periodic bar checks for consistency. Payment for material removed will be based on 28 kHz depth soundings. The echo sounder system will be calibrated at the job site and verified for accuracy twice daily.

SECTION 35 20 23 Page 7

1.14.6 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 surveys will be performed in the same manner as the before dredging surveys.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 DREDGING EQUIPMENT

Dredging shall be performed by mechanical dredge (clamshell, dragline or dipper). Dredging with hopper dredges is prohibited.

3.2 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 bucket, and/or the location of the dragline, 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 (NAD 1983, state plane feet). Navigation channel control, and shore station control, if required, will be provided to the Contractor in the same North Carolina Coordinate System prior to the 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 or his/her designated representative prior to the commencement of work.

3.3 DREDGING LOADS

Overflow of scows to obtain economic loads will not be allowed.

3.4 QUANTITIES SUMMARY

The quantities listed in Attachment 1 - Quantities Summary include the volumes present at the time of the surveys indicated in the contract drawings, plus anticipated shoaling before dredging begins.

Should total quantity of material to be paid for under the contract exceed the limit established in the clause entitled "VARIATIONS IN ESTIMATED QUANTITIES - DREDGING", 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.

3.5 ENVIRONMENTAL WINDOWS

There are no environmental window/moratorium for the proposed dredging or

SECTION 35 20 23 Page 8 transport to and disposal in the ODMDS.

3.6 FENDER TIRES

All fender tires used on Contractor dredging equipment or vessels shall be permanently marked by the Contractor with the company name and equipment plant name. All fender tires shall be securely attached to prevent them from falling overboard. The Contractor shall be responsible for damages to fishing nets or other claims that are due to any loss of equipment such as fenders, cables, anchors, etc.

3.7 DISPOSAL OF DREDGED MATERIAL

3.7.1 New Wilmington Ocean Dredged Material Disposal Site

Disposal of excavated material shall be in the new Wilmington Ocean Dredged Material Disposal Site (ODMDS) within the designated disposal zone shown on the drawings. Disposal shall be conducted in such a manner that water above the dumped material will have a minimum clearance of 30 feet at mean lower low water (MLLW). In order to maximize ODMDS capacity and minimize mounding of material, the dumps shall be scattered throughout the designated disposal zone and not placed repeatedly at one location. This shall be accomplished by dividing the disposal zone into quadrants and placing successive dump loads into successive quadrants. The Contracting Officer, or their Designated Representative, can direct the placement of material within any portion of the disposal zone.

3.7.2 Dredged Material Disposal Plan

Prior to commencement of dredging and disposal operations, the Contractor shall submit to the Contracting Officer, or their Designated Representative a disposal plan for dredged material. The plan shall include but not be limited to the following:

a. procedures for maximizing the ODMDS disposal zone capacity and minimizing mounding of material (reference subparagraph Wilmington Ocean Dredged Material Disposal Site) and anticipated disposal volume.

b. procedures for recording verification of ocean disposal in the ODMDS and ensuring minimum clearance is provided (see Section 35 20 23.12.

c. anticipated cycle times and disposal vessel route to and from the ODMDS (reference paragraph REQUIRED TRANSPORTATION ROUTE).

3.8 REQUIRED TRANSPORTATION ROUTE

For surface vessel transportation of dredged material to the Ocean Dredged Material Disposal Site (ODMDS) disposal zone, the vessel(s) shall travel in the buoyed navigation channel until they are seaward of Buoy "2". These vessels shall return to the site of work by the same route.

3.9 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 or his/her designated representative during the preconstruction conference, and the telephone shall be monitored and

SECTION 35 20 23 Page 9 answered by contractor personnel during working hours. This requirement may be waved by the Contracting Officer or his/her designated representative, if suitable facilities are available on the dredge.

3.10 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.

3.11 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 the U.S. Coast Guard, including but not limited to applicable safety, environmental, and navigational rules and regulations in the Code of Federal Regulations.

Installation 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/her job site installation and vessels in accordance with applicable laws also rests with the Contractor.

3.12 FLOATING PLANT INSPECTION AND CERTIFICATION

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

3.13 REPORTING REQUIREMENT

The Contractor will be required to prepare daily a "Report of Operations" in the Resident Management System (RMS). The Contractor shall furnish to the Contracting Officer or his/her designated representative daily a copy or copies of any Contractor forms or operational reports he routinely requires to be submitted by his field personnel.

3.14 WATER POLLUTION CONTROL

3.14.1 Contamination of Water

The Contractor shall not pollute the channels or disposal area 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

SECTION 35 20 23 Page 10 shellfish, fish, and domestic animals.

3.14.2 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 or his/her designated representative.

3.15 EMERGENCY DUMPS

If a vessel experiences an emergency situation which causes a dumping of material outside of the designated disposal zone, the Contractor shall verbally notify the Contracting Officer, or their Designated Representative, no later than the next work day. The Contractor must submit, in writing within two (2) days of the emergency dump, a statement detailing time of dump, location of dump, and reason dump occurred.

Material that is misplaced due to an emergency dump situation is subject to removal by the Contractor at his own expense upon the request of the Contracting Officer or their Designated Representative.

3.16 SURFACE TRANSPORT OF DREDGED MATERIAL

Transportation of dredged material by barges and scows to the disposal area will be allowed for this contract. All disposal vessels shall be equipped with National Dredging Quality Management Program System. See Section

35 20 23.12 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

SCOW - MONITORING PROFILE. All scows shall have their pockets provided with proper doors or appliances to prevent leakage of material. Failure to repair leaks will result in suspension of dredging. If suspension occurs, dredging will not be allowed to resume until the Contractor has promptly repaired the scow to the satisfaction of the Contracting Officer or their Designated Representative.

3.17 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

This Contract requires the use of the NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM system for monitoring scows. See Section 35 20 23.12.

3.18 EXISTING STRUCTURES

The Contractor shall exercise appropriate care when dredging adjacent to or in the vicinity of the security barrier, wharves and other existing structures. Any damage to the security barrier and other 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, or their Designated Representative, at no cost to the Government or to the owners of the structure. See paragraph PRECONSTRUCTION VIDEO SURVEY of Section 01 10 00.10 38 for video survey requirements. 11x17 as-built drawings of the security barrier are available for reviewing at the Wilmington District Office by the Contractor.

3.19 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

SECTION 35 20 23 Page 11 operations including but not limited to the following:

Dredging is confined within the limits shown on the drawings.

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 will be furnished the Government as directed by the Contracting Officer or their Designated Representative.

-- End of Section --

SECTION 35 20 23 Page 12