MOTSU_DREDGING_Amendment_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

The pupose of this amendment is to update the bid schedule quantities and make changes to the plans and specifications. See the summary of changes. The date and time for receipt of bids has been extended to 02 August 2017 at 3PM EST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 19-Jul-2017

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-17-B-0010

X 9B. DATED (SEE ITEM 11)

27-Jun-2017

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 X is extended, 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-Jul-2017

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

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-17-B-0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The required response date/time has changed from 27-Jul-2017 02:00 PM to 02-Aug-2017 03:00 PM.

CLIN 0003

The pricing detail quantity has increased by 40,000.00 from 225,000.00 to 265,000.00.

CLIN 0004

The pricing detail quantity has increased by 50,000.00 from 650,000.00 to 700,000.00.

CLIN 0006

The CLIN extended description has changed from:

Approach Channel Center to North Wharf & North Wharf Turning Basin. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0006AA, 0006AB, and 0006AC.

To:

North Wharf Turning Basin. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0006AA, 0006AB, and 0006AC.

SUBCLIN 0006AB

The CLIN description has changed from Dredging, Approach Channel Center to North Wharf & North Wharf Turning Basin to Dredging, North Wharf Turning Basin.

The pricing detail quantity has decreased by 260,000.00 from 350,000.00 to 90,000.00.

The following have been modified:

TOTAL AMOUNTS

TOTAL AMOUNT OF LINE ITEM 0001-0005 $___________________

TOTAL AMOUNT OF LINE ITEM 0006AA-0006AC $___________________

TOTAL AMOUNT OF LINE ITEMS 0007AA-0007AC $___________________

TOTAL AMOUNT OF LINE ITEMS 0001-0007AC $___________________

NOTICE TO BIDDERS

NOTE 1:

PLEASE BE SURE TO INCLUDE UNIT PRICES ROUNDED TO TWO (2) DECIMAL

PLACES FOR CLIN 0002, 0003, 0004, 0006AB, AND 0007AB.

NOTE 2:

EXCEPT WHEN IT IS DETERMINED IN ACCORDANCE WITH FAR 17.206(B) NOT

TO BE IN THE GOVERNMENT’S BEST INTERESTS, THE GOVERNMENT WILL

EVALUATE BIDS FOR AWARD PURPOSES, BY ADDING THE TOTAL PRICE FOR

ALL OPTIONS TO THE TOTAL PRICE FOR THE BASIC REQUIREMENT. THE

EVALUATION OF OPTIONS WILL NOT OBLIGATE THE GOVERNMENT TO

EXERCISE THE OPTION.

NOTE 3:

THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL BID

ITEMS WITHIN 45 DAYS OF CONTRACT AWARD.

NOTE 4:

THE EXERCISE OF THE OPTIONAL BIDS ITEM WILL BE SUBJECT TO THE

AVAILABILITY OF FUNDS.

PRE-AWARD INFORMATION

A contract will be awarded to a responsible prospective contractor.

Before award, to be determined responsible, the low bidder must meet the requirements contained in Section 00 21 00.

AFTER THE BID OPENING, THE FOLLOWING INFORMATION MUST BE

SUBMITTED WITHIN THREE DAYS OF REQUEST:

a. Current Financial Statement

b. Furnish a completed Small Business Subcontracting Plan (LARGE BUSINESS ONLY)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following Delivery Schedule item for CLIN 0003 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

210 dys. ADC 225,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464 FOB: Other

W912PM

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

210 dys. ADC 265,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464

The following Delivery Schedule item for CLIN 0004 has been changed from:

CAGE

210 dys. ADC 650,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464

CAGE

210 dys. ADC 700,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464

The following Delivery Schedule item for SUBCLIN 0006AB has been changed from:

CAGE

210 dys. ADC 350,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464

CAGE

210 dys. ADC 90,000 COASTAL RESIDENT OFFICE

SHANNON GEOLY

69 DARLINGTON AVENUE

WILMINGTON NC 28403

910-251-4464

(End of Summary of Changes)

Amendment 0001

Technical Summary of Changes

01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

Delete existing Pages 1 thru 14 in their entirety and replace with revised liked-numbered pages.

01 57 19 – TEMPORARY ENVIRONMENTAL CONTROLS

(1) Delete existing Pages 1 thru 29 in their entirety and replace with revised liked-numbered pages.

(2) Delete existing Attachment 3 COVER SHEET and Enclosures in their entirety and replace with revised COVER SHEET and Enclosures.

35 20 23 – DREDGING

(1) Delete existing Pages 1 thru 15 in their entirety and replace with revised liked-numbered pages.

(2) Delete existing Attachment 1 Enclosure in its entirety and replace with revised Enclosure.

NOTE:

Text that is added or revised by this amendment is identified with Amendment 0001(beginning and ending of revision/addition). Track changes shown as Strikethroughs(Delete).

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 Sheet Nos. CN101 and CN105 in their entirety and replace with revised Sheets.

-- End of Summary of Changes- -

Encls As Stated

Maintenance Dredging Military Ocean Terminal Sunny Point Brunswick County, N.C. W912PM-17-B-0010

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

1/17

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 EMPLOYEE IDENTIFICATION AND SECURITY

1.3.1 Background Checks

1.3.2 Employee Identification

1.3.3 Employee Information Update

1.3.4 Vehicle Usage

1.3.5 Protection of Plant and Personnel

1.3.6 Coordination Meeting

1.3.7 Security Training

1.3.8 Completion of Security Training

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.8 INSPECTION

1.9 FINAL EXAMINATION AND ACCEPTANCE

1.10 ACCOMMODATIONS AND MEALS FOR INSPECTORS

1.11 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.12 REQUIRED CONSTRUCTION MEETINGS

1.13 BULLETIN BOARD

1.14 PLANT

1.15 PLANT LOCATION

1.16 SIGNAL LIGHTS

1.17 WORK IN QUARANTINED AREA

1.18 PARTNERING

1.19 NOTICE TO MARINERS

1.20 PROTECTION OF EXISTING FACILITIES

1.21 PRECONSTRUCTION VIDEO SURVEY

1.22 WATER CONSERVATION

1.23 COORDINATION WITH OTHER CONTRACTORS

1.24 SEAGOING BARGE ACT

1.25 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

ATTACHMENTS:

Attachment 1 - IWATCH Training and Active Shooter Training

SECTION 01 10 00.10 38 Page 1 (Revised by Amendment 0001)

Attachment 2 - MOTSU Security

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

1/17

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 (2014) Safety and Health Requirements Manual

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

1.2 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

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

1.3 EMPLOYEE IDENTIFICATION AND SECURITY

1.3.1 Background Checks

Contractors are responsible for submitting background checks for all employees at the county courthouse in Bolivia, North Carolina, Brunswick County or county of their residence. The clearance process will require at least 3 days. The Contractor shall start this process within 2 days after award. The background checks will be provided to the Chief, Installation Security Activity, who will issue identification badges to employees whose clearance meets requirements for admission. MOTSU Security point of contact is Mr. Ron Waidlich, (910) 457-8559. The Contractor shall comply with the

SECTION 01 10 00.10 38 Page 3 applicable provisions of Safety and Occupational Health Requirements, with exception of accident reporting which shall be in accordance with contract specifications.

1.3.2 Employee Identification

Within 2 days after award, the Contractor shall furnish the Contracting Officer, names, copy of driver's license, and vehicular tag numbers of each employee that will be working on this contract. The Contractor shall require employees to display identification when requested.

1.3.3 Employee Information Update

If, there are any changes in the information required by the previous subparagraph, prior to completion of work, the Contractor shall promptly furnish updated information to the Contracting Officer.

1.3.4 Vehicle Usage

The Contractor's personnel shall not drive privately owned vehicles to the work site without the approval of the Contracting Officer. The Contractor shall provide transportation to and from the work site.

1.3.5 Protection of Plant and Personnel

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

1.3.6 Coordination Meeting

The Contracting Officer will arrange an initial coordination meeting between the Contractor and MOTSU which will be held before the Contractor begins work. When work begins, the Contractor shall coordinate all activities with the designated MOTSU personnel on a day to day basis.

1.3.7 Security Training

Contractor employees assigned to perform work under this contract at MOTSU shall attend/complete the following training within thirty (30) days of contract start, when applicable, as prescribed by DOD, Army and SDDC Regulations: Employee Initial Security Briefing, Operations Security (OPSEC), Threat Awareness and Reporting Program (TARP), DOD Antiterrorism Level 1 Training, Active Shooter, iWATCH Training, and Workplace Violence Training. This also includes Information Assurance (IA) Training required for specific computing platforms and applications. All Security training, to include Annual Security Awareness Training, is required annually.

Training will be facilitated by the MOTSU Security Specialists.

NOTE:

iWATCH Training and Active Shooter Training are the minimum security training requirements. MOTSU will provide literature to contractor for self-performance of training. See Attachment 1 - IWATCH Training and Active Shooter Training and Attachment 2 - MOTSU Security.

1.3.8 Completion of Security Training

Contractor employees will report training completion to the Contracting

SECTION 01 10 00.10 38 Page 4

Officer or his/her authorized representative.

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer or his/her designated representative to award a time extension under this clause, the following conditions must be found to be satisfied in the sole discretion of the Contracting Officer or his/her designated representative:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on wave height information collected by the U.S. Army Corps of Engineers wave gage located 11 miles offshore of the Cape Fear River entrance. This gage has been in operation over the period 2000 - 2009. The table is based on the average number of days each month during which waves exceeded a height of 5 feet. This level will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule shall reflect these anticipated adverse weather and/or sea conditions delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER AND/OR SEA CONDITIONS DELAYS (DAYS)

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5 5 7 3 3 1 1 1 5 2 5 7

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in subparagraph (b), the Contracting Officer or his/her designated representative will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)".

(End of Clause)

SECTION 01 10 00.10 38 Page 5

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under the "Performance and Payment Bonds" contract line item of the Bidding Schedule. Payment to the Contractor therefore, shall not exceed the bid price and shall be made in accordance with the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS." Any additional amount bid in excess of the actual bond premium will be included in the final pay estimate for this contract.

(End of Clause)

1.6 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer or his/her designated representative, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor will furnish submittals for any deviation from the plans or specifications.

The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal.

Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control System Manager shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer or his/her designated representative at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register furnished in Section 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

(c) Normal review levels for required approvals are indicated by letter designations as follows:

Contractor Quality Control System Manager --- (CQC) Area or Resident Engineer ------------------- (R) Engineering Branch -------------------------- (E)

The Government reserves the right to vary the review levels for (R) and (E) to its convenience.

(d) The Contractor shall use ENG Form 4025, furnished in Section 01 33 00 SUBMITTAL PROCEDURES, to transmit Shop Drawings, Equipment Data, Material Samples or Manufacturer's Certificate of Compliance to the Government.

(End of Clause)

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

(1998 January HQUSACE)

SECTION 01 10 00.10 38 Page 6

(a) 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, including the associated side slopes, varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in the costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity within the required dredging prism. Any equitable adjustment in the contract unit price will also apply to that part of the actual quantity of allowable over-depth material above 115 percent or below 85 percent of the estimated allowable over-depth quantity.

(b) If the quantity variation is such as to cause an increase in the time necessary for completion, the Contracting Officer or his/her designated representative shall upon receipt of a written request for an extension of time within 10 days from the beginning of such delay, or within such further period of time which may be granted by the Contracting Officer or his/her designated representative prior to the date of final settlement of the contract, ascertain the facts and make such adjustment for extending the completion date as in their judgment the findings justify.

(End of Clause)

1.8 INSPECTION

The Contractor shall furnish, on the request of the Contracting Officer or his/her designated representative, suitable transportation from all points on shore designated by the Contracting Officer or his/her designated representative to and from the various pieces of plant, and to and from all work locations. The transportation, if by boat, must comply with the requirements of paragraph 19.F of USACE EM 385-1-1. Should the Contractor refuse, neglect, or delay compliance with this requirement, a vessel may be furnished and maintained by the Contracting Officer or his/her designated representative and the cost thereof will be deducted from any amounts due or to become due the Contractor.

(End of Clause)

1.9 FINAL EXAMINATION AND ACCEPTANCE

Amendment 0001 As soon as practicable after the completion of the entire work or, if the work is divided into sections, or if any section which in the opinion of the Contracting Officer or his/her designated representative will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer or his/her designated representative. If any shoals, lumps, or the lack of contract depth are disclosed by this examination, the Contractor shall remove same by dredging the bottom with payment at the appropriate contract rate for dredging. The Contractor is only allowed to do dragging operations in lieu of dredging if approved by the Contractor Officer or his/her designated representative. Bed leveling by dragging the bottom with a drag bar or other device will not be allowed. The Contractor will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in satisfactory condition, it will be accepted. If more than two sounding or sweeping operations by the Government over an area are necessary because of work for

SECTION 01 10 00.10 38 Page 7 the removal of shoals disclosed by prior sounding or sweeping, the cost of such subsequent soundings or sweeping operations will be charged against the Contractor at the rate of $5,000 per day in which the Government plant is engaged in sounding or sweeping, is enroute to or from the site, or is held at or near the site for such operations.

(End of Clause) Amendment 0001

1.10 ACCOMMODATIONS AND MEALS FOR INSPECTORS

(a) The Contractor shall furnish regularly to inspectors, for office purposes and sleeping purposes, when applicable, a suitable separate room onboard the dredge or other craft upon which they are employed. If no suitable office space is available thereon, the Contractor shall furnish suitable alternate accommodations ashore at a location approved by the Contracting Officer or his/her designated representative and furnish suitable transportation between the alternate accommodations and the dredge or other craft upon which they are employed.

(b) If the Contractor maintains an establishment for the subsistence of his own employees, he shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer or his/her designated representative. The meals furnished shall be paid for by the individual consuming the meal at a rate commensurate with the basic Government subsistence rate of: $9.00 Breakfast; $13.00 Lunch;

$29.00 Dinner.

(End of Clause)

1.11 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

(a) In accordance with Contract Clause 52.219-9, Small Business Subcontracting Plan, and 52.219-16, Liquidated Damages - Subcontracting Plan, retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess liquidated damages in accordance with Clause 52.219-16 for the contractor's failure to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

(b) The retainage will be determined in accordance with the following formula:

Total dollar amount for subcontracting to small business multiplied by percentage of actual progress on the contract shall be withheld from the next progress payment due after the Contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percentage of actual progress.

(c) Subcontracting plans are not required--

(1) For contracts or contract modifications that will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; or

SECTION 01 10 00.10 38 Page 8

(2) For modifications to contracts that do not contain the clause 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L. 95-507 and which are within the scope of the contract.

(End of Clause)

1.12 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer or his/her designated representative shall be required to attend a preconstruction conference (after award of the contract but before Commencement of Work) and a post construction meeting (after final acceptance of the work but before final payment is made). The Contractor and identified Subcontractors shall meet with Corps of Engineers personnel at a time and place determined by the Contracting Officer or his/her designated representative.

(b) At the preconstruction conference, the Contractor shall be oriented with respect to Government procedures and line of authority in contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

(c) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

Certificate of Insurance Quality Control Plan (see Section 01 45 00.00 10 USACE QUALITY CONTROL, for additional information) Certificate of Completion of Corps CQC Course Preliminary Submittal Register (ENG Form 4288 exclusive of Contractor submittal dates) Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor, 52.236-6) List of Subcontractors

(d) The letter of record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer or his/her designated representative to all in attendance.

(End of Clause)

1.13 BULLETIN BOARD

Within one (1) calendar day after commencement of work under this contract, the Contractor shall provide at the job site a weatherproof, glass-covered bulletin board for displaying the Fair Employment poster, wage rates, posters and safety bulletins as noted in Section 01 35 26, paragraph DISPLAY OF SAFETY INFORMATION. The bulletin board shall be located in a conspicuous place, easily accessible to all employees, and legible copies of the aforementioned data shall be displayed until work under the contract is complete. No direct payment will be made for the bulletin board.

(End of Clause)

SECTION 01 10 00.10 38 Page 9

1.14 PLANT

(a) 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 these specifications, and the plant shall be subject to inspection by the Contracting Officer or his/her designated representative at all times. The plant listed on the Plant and Equipment Schedule, Section 00 45 00, contract clause 52.0000-4036, is the minimum which the Contractor agrees to place on the job unless otherwise determined by the Contracting Officer or his/her designated representative, 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.

(b) Dredging of the MOTSU Security Boat Basin shall be by cutter suction dredge or mechanical dredge (clamshell, dragline or dipper).

Dredging of the MOTSU Basins and channels shall be by mechanical dredge.

(c) All scows shall be kept in good condition, the coamings repaired and the pockets provided with proper doors or appliances to prevent leakage of material.

(d) All pipelines for hydraulic machines must be kept in good condition at all times and any leaks or breaks along their length must be propmptly repaired.

(e) No reduction in the capacity of the plant employed on the work shall be made except by written permission of the Contracting Officer or his/her designated representative. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply.

(End of Clause)

1.15 PLANT LOCATION

The Contractor's plant shall be arranged and located in areas approved by the Contracting Officer or his/her designated representative. This requirement includes the construction plant; offices; shop and storage buildings; housing facilities and all other equipment and materials needed to construct the project.

(End of Clause)

1.16 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and the Coast Guard governing lights and day signals to be displayed by towing vessels, tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipes or vessels involved in submarine or bank protection operations. The Contractor shall also be in accordance with those regulations governing lights to be displayed on dredge pipeline and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel and the passing by other vessels of floating plant working navigable channels, as approved by the Secretary of the Army and Commandant, U.S. Coast Guard.

(End of Clause)

SECTION 01 10 00.10 38 Page 10

1.17 WORK IN QUARANTINED AREA

USACE and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests that may be present in the soil (USACE ER 1110-1-5). Major portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall thoroughly clean all construction equipment and tools at the previous job site in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment and hand tools used for this USACE contract shall be thoroughly cleaned by the Contractor before they are removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.18 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. Integral to the partnership would be a joint Contractor/Government effort to settle any disputes that may arise without costly and time consuming litigation. To that end, a non-binding procedure such as the Alternate Dispute Resolution process could be developed and agreed upon by both parties when it is determined to be necessary. This partnership would be bilateral in make-up and participation will be totally voluntary. Any cost associated with developing this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

(End of Clause)

1.19 NOTICE TO MARINERS

(a) The Contractor shall coordinate Local Notice to Mariners with the U.S. Coast Guard, and provide dredging schedule and location by shoal/tangent/section by contacting USCG Sector North Carolina Waterways Management.

(b) Should the Contractor, during dredging operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall notify the Coast Guard immediately as to the location of said object and any other information necessary for a Notice to Mariners.

The Contractor shall provide copies of this information to the Contracting Officer or his/her designated representative.

USCG Sector North Carolina Waterways Management, (910)772-2230 and (252)247-4525.

(End of Clause)

SECTION 01 10 00.10 38 Page 11

1.20 PROTECTION OF EXISTING FACILITIES

The Contractor will not be responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor shall protect all existing structures, including bridges, roadway embankments, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be reviewed and approved by the Contracting Officer or his/her designated representative prior to their alteration.

(End of Clause)

1.21 PRECONSTRUCTION VIDEO SURVEY

The Contractor shall perform an audio-video survey of the existing MOTSU structures (security barrier, fenders, wharves, Security Boat Basin Dock, etc.) and each project site area that will be utilized or disturbed by the Contractor's operations. The Contractor shall coordinate with the Contracting Officer or his/her designated representative to perform the audio-video survey at least 10 days prior to any plant and equipment mobilization and prior to the commencement of any dredging operations. The audio-video survey shall be performed in the presence of the Contracting Officer's Representative. At the start of each video recording segment, an identification summary shall be read into the record simultaneously with a wide-angle view with digital information. The identification summary shall include the following: Contract number, Contractor's name, Date and time.

The Contractor shall submit one (1) DVD to the Government for format and content approval prior to the start of any work. Payment for the video shall be included in the mobilization and demobilization CLIN. Prior to performing the audio-video survey the Contractor shall obtain a camera pass from MOTSU Security. MOTSU Security point of contact information is provided in paragraph Employee Identification and Security. The camera pass shall accompany the camera at all times.

1.22 WATER CONSERVATION

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified.

Water needed for compaction of materials, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer or his/her designated representative.

(End of Clause)

1.23 COORDINATION WITH OTHER CONTRACTORS

Other Contractors may be working in the vicinity during the time period of this contract. The Contractor shall coordinate the contract operations with other Contractors in the area as needed to avoid conflicts and delays. Any potential delays due to conflicts with other contractors shall be reported to the Contracting Officer or his/her designated representative immediately.

SECTION 01 10 00.10 38 Page 12

(End of Clause)

1.24 SEAGOING BARGE ACT

(1979 OCE)

The Seagoing Barge Act (46 U.S.C. et sq.) applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with the Act, the low bidder shall within ten

(10) calendar days after bid opening submit a copy of said certificate to the Contracting Officer. Failure to produce the certificate within the required time shall subject the bidder to a determination of nonresponsibility.

(End of Clause)

1.25 CONTRACT DRAWINGS AND SPECIFICATIONS

(AUG 2000) DFARS 252.236-7001

(a) The Government will provide to the Contractor, without charge, two (2) CD's and three (3) 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 or his/her designated representative.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

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

(3) Promptly notify the Contracting Officer or his/her designated representative of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this subparagraph (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 that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of 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 in Section 00 01 15 LIST OF DRAWINGS.

SECTION 01 10 00.10 38 Page 13

(End of Clause)

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

-- End of Section --

SECTION 01 10 00.10 38 Page 14

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.3 DEFINITIONS

1.3.1 Class I and II Ozone Depleting Substance (ODS)

1.3.2 Contractor Generated Hazardous Waste

1.3.3 Environmental Pollution and Damage

1.3.4 Environmental Protection

1.3.5 Hazardous Debris

1.3.6 Hazardous Materials

1.3.7 Hazardous Waste

1.3.8 Land Application

1.3.9 Oily Waste

1.3.10 Regulated Waste

1.3.11 Solid Waste

1.3.11.1 Debris

1.3.11.2 Non-Hazardous Waste

1.3.12 Surface Discharge

1.3.13 Waters of the United States

1.3.14 Wetlands

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 QUALITY ASSURANCE

1.10.1 Protection of Features

1.10.2 Non-Compliance Notifications

1.10.3 Regulatory Notifications

1.10.4 Environmental Brief

1.10.5 Environmental Manager

1.10.6 Employee Training Records

1.11 ENVIRONMENTAL PROTECTION PLAN

1.11.1 General Overview and Purpose

1.11.1.1 Duties

1.11.1.2 Procedures

1.11.1.3 Communications

1.11.1.4 Contact Information

1.11.2 General Site Information

1.11.2.1 Drawings

1.11.2.2 Work Area

1.11.2.3 Documentation

1.11.3 Management of Natural Resources

1.11.4 Protection of Historical and Archaeological Resources

SECTION 01 57 19 Page 1

1.11.5 Protection of the Environment from Waste Derived from

Contractor Operations

1.11.6 Prevention of Releases to the Environment

1.11.7 Regulatory Notification and Permits

1.11.8 Acknowledgement

1.11.9 Appendix

1.12 ENVIRONMENTAL PERMITS AND COMMITMENTS

1.12.1 North Carolina Division of Coastal Management (NCDCM)

1.12.2 US Environmental Protection Agency (USEPA)

1.12.3 U.S. Army Corps of Engineers, Regulatory Division

1.12.4 North Carolina Division of Water Resources (DWR)

1.13 ENVIRONMENTAL RECORDS BINDER

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCE

3.1.1 Flow Ways

3.1.2 Work Area Limits

3.1.3 Contractor Facilities and Work Areas

3.2 SURFACE AND GROUNDWATER

3.2.1 Waters of the United States

3.3 Turbidity Monitoring

3.3.1 Turbidity Monitoring

3.3.2 Turbidity Monitoring Equipment

3.3.3 Turbidity Monitoring Locations and Schedule

3.3.4 Station Descriptions

3.3.5 Turbidity Schedule

3.3.6 Turbidity Testing and Reporting

3.3.6.1 Testing

3.3.6.2 Reporting

3.3.6.3 Monitoring Report Contents

3.3.7 Turbidity Noncompliance

3.4 PROTECTION OF CULTURAL RESOURCES

3.4.1 Archaeological Resources

3.4.2 Historical Resources

3.5 AIR RESOURCES

3.5.1 Particulates

3.5.2 Odors

3.5.3 Noise

3.6 WASTE MINIMIZATION

3.6.1 Recycling And Waste Minimization

3.7 WASTE MANAGEMENT AND DISPOSAL

3.7.1 Solid Waste Management

3.7.1.1 Solid Wastes

3.7.1.2 Solid Waste Management Report

3.7.1.3 Control and Management of Solid Wastes

3.7.2 Control and Management of Hazardous Waste

3.7.2.1 Hazardous Waste/Debris Management

3.7.2.2 Responsibilities for Contractor's Disposal

3.7.2.2.1 Services

3.7.2.2.2 Samples

3.7.2.2.3 Analysis

3.7.2.2.4 Labeling

3.7.2.3 Contractor Disposal Turn-In Requirements

3.7.2.4 Universal Waste Management

3.7.2.5 Electronics End-of-Life Management

SECTION 01 57 19 Page 2

3.7.2.6 Disposal Documentation for Hazardous and Regulated Waste

3.7.3 Releases/Spills of Oil and Hazardous Substances

3.7.3.1 Response and Notifications

3.7.3.2 Clean Up

3.7.4 Mercury Materials

3.7.5 Wastewater

3.7.5.1 Treatment

3.8 HAZARDOUS MATERIAL MANAGEMENT

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MILITARY MUNITIONS

3.11 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

3.11.1 Used Oil Management

3.11.2 Oil Storage Including Fuel Tanks

3.12 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

3.13 BIOLOGICAL RESOURCES

3.13.1 Manatees

3.13.2 Migratory Birds

3.13.3 Avoidance of Marine Mammals

3.13.4 Environmental Windows

3.14 POST CONSTRUCTION CLEANUP

3.15 LIST OF ATTACHMENTS

ATTACHMENTS:

Attachment 1 - NCDCM Consistency Concurrences, dated June 12, 1995

Attachment 2 - US Environmental Protection Agency authorization dated June 1, 2017

Attachment 3 - US Army Corps of Engineers, Regulatory Division Section 103 permit extension dated July 18, 2017, (Action ID 2011-02228); and maintenance dredge authorization dated January 9, 2009, (Action ID 1998-00432)

Attachment 4 - NCDWR Water Quality Cert No. 4090

Attachment 5 - USFWS Guidelines for Avoiding Impacts to the West Indian Manatee

-- End of Section Table of Contents --

SECTION 01 57 19 Page 3 (Revised by Amendment 0001)

K7EPEOAF

Highlight

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

Amendment 0001

1.1 SCOPE

Dredging of the MOTSU channels and Basins shall be performed by mechanical dredge (clamshell, dragline or dipper). Disposal of dredged material shall be in the Wilmington Harbor Ocean Dredged Material Disposal Site (ODMDS).

There is no environmental window for dredging of the MOTSU basins and channels by mechanical dredge or transport to and disposal into the ODMDS.

However, the work will also include, as an optional bid item, maintenance dredging of the MOTSU Security Boat Basin, which shall be performed by cutter suction dredge or mechanical dredge, with disposal of dredged material in the upland diked Disposal Area 1 or Wilmington Harbor Ocean Dredged Material Disposal Site (ODMDS). The dredging environmental window for dredging the Security Boat Basin by cutter suction dredge is 1 Oct to 31 Mar. There is no environmental window for dredging the Security Boat Basin by mechanical dredge.

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. 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 environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

Amendment 0001

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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

40 CFR 112 Oil Pollution Prevention

49 CFR 171 General Information, Regulations, and Definitions

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

SECTION 01 57 19 Page 4

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

40 CFR 241 Guidelines for Disposal of Solid Waste

40 CFR 243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.31 Standards Applicable to Generators of Hazardous Waste-Labeling

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

40 CFR 268 Land Disposal Restrictions

40 CFR 273.2 Standards for Universal Waste Management - Batteries

40 CFR 273.3 Standards for Universal Waste Management - Pesticides

40 CFR 273.4 Standards for Universal Waste Management - Mercury Containing Equipment

40 CFR 273.5 Standards for Universal Waste Management - Lamps

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 300.125 National Oil and Hazardous Substances Pollution Contingency Plan - Notification

SECTION 01 57 19 Page 5 and Communications

40 CFR 355 Emergency Planning and Notification

40 CFR 403 General Pretreatment Regulations for Existing and New Sources of Pollution

40 CFR 64 Compliance Assurance Monitoring

49 CFR 171 General Information, Regulations, and Definitions

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

49 CFR 178 Specifications for Packagings

1.3 DEFINITIONS

1.3.1 Class I and II Ozone Depleting Substance (ODS)

Class I ODS is defined in Section 602(a) of The Clean Air Act. A list of Class I ODS can be found on the EPA website at the following weblink.

http://www.epa.gov/ozone/science/ods/classone.html.

Class II ODS is defined in Section 602(s) of The Clean Air Act. A list of Class II ODS can be found on the EPA website at the following weblink.

http://www.epa.gov/ozone/science/ods/classtwo.html.

1.3.2 Contractor Generated Hazardous Waste

Contractor generated hazardous waste is 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 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), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.3.3 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally or historically.

1.3.4 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to…