Free Administrative Record - District Court of Federal Claims - federal

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(ii) Commercial items that-(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment); (B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (End of clause)

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Section 00800 - SPECIAL CONTRACT REQUIREMENTS

SECTION 00800 SPECIAL CONTRACT REQUIREMENTS TABLE OF CONTENTS Paragraph No. SP.1 SP.2 SP.3 SP.4 SP.5 SP.6 SP.7 SP.8 SP.9 SP.10 SP.11 SP.12 SP.13 SP.14 SP.15 SP.16 SP.17 SP.18 SP.19 SP.20 Paragraph Title Delivery, Prosecution and Completion of Work Physical Data Inspection Misplaced Material Signal Lights Plant Crew Office Accommodations Meals for Inspectors Layout of Work General Safety Requirements Working in the Vicinity of Structures And Utility Crossings Outboard Boats Fuel Consumption Reporting Requirements Performance Evaluation of the Contractor Project and Daily Production Reports Continuity of Work Payments ­ Designated Billing Office Environmental Litigation Contracting Officer Signature

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SECTION 00800 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

SP.1 DELIVERY, PROSECUTION AND COMPLETION OF WORK a. The Contractor is required to commence work under this contract within 21 calendar days after receipt of Notice to Proceed, to prosecute the work diligently, and to complete all work not later than 31 December 2008. The contract work period is expected to run from April through December. At the option of the Government, this contract, with all its terms and provisions, may be extended for such period and as often as the Government may elect, to permit continuous use of said plant or equipment, not extending beyond 31 December 2008. After that date the contract may be extended only by mutual agreement of the Contractor and the Government, not extending beyond May 31, 2009. b. The Contractor shall deliver the dredge and attendant plant ready for operation in the vicinity of McKellar Lake Harbor, Memphis, TN (Mile 725 AHP), or to any other work site as may be directed. If delivery is required to a point that requires further towing from the location of the dredge just prior to beginning work under this contract, the Contractor will be paid for the distance between the first work site and Mile 725 AHP at the applicable contract unit price for towing. If delivery is required to a point that requires less towing, the distance between the first work site and Mile 725 AHP will be multiplied by the applicable contract unit price for towing and this amount will be deducted from the Contractor's earnings. The plant will be inspected and the Contractor notified of acceptance or rejection of the plant within 24 hours after delivery of plant to the Contracting Officer. c. A pre-work conference will be held prior to commencement of work. The time and place of conference will be determined by mutual agreement between the Contracting Officer or his designated representative and the Contractor. d. The Contractor shall prosecute the work assigned him to meet the schedule of dredging operations as determined by the Contracting Officer. The work will be conducted on a 7 days per week, 24 hours per day basis. e. Upon completion of the contract, the dredge and attendant plant will be released to the Contractor at McKellar Lake Harbor, Memphis, TN. SP.2 PHYSICAL DATA a. Floating plant can reach the sites of work via the Mississippi River. Obtaining access through private lands to landings near the sites of work for land transportation is the responsibility of the Contractor. b. The material to be dredged will consist of sand, gravel, silt, mud and clay; and in certain locations, stumps, roots, logs, riprap and/or pile or stone dikes and miscellaneous debris may be encountered. The dredge must be equipped with suitable pump impellers and cutters to efficiently handle these varying materials. c. The work required consists of making or enlarging dredge cuts, construction of fills, construction of new harbor channels and dredging in various channels and harbors. The currents may vary from zero to fifteen feet per second.

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d. The dredging operations contemplated are not all in or near cities. Floating plant may be necessary for the housing or boarding of the labor employed by the Contractor. e. During the contract period, the Contractor may receive requests for dredging from private interests and local governments. Provided the work can be accomplished without detriment to the work for which the dredge is being leased, and subject to the prior approval of the Contracting Officer in each instance, the Contractor, upon request, may be temporarily released from this contract to perform dredging for others. In temporarily releasing the Contractor to perform work for others, the Government does not assume any responsibility for the work performed, or for the collection of any amounts earned by the Contractor. f. Disposal areas will be furnished by the Government. Material shall be discharged into the river or be retained in disposal areas by retaining dikes and box-type spillways as directed. The Contractor shall use normal caution in pipeline operations when discharging in dike areas to prevent washing and failure of retaining dikes, and shall maintain a watch on the spillways and keep the spill boxes free of debris. Polyethylene may be required on dike slopes during dredging operations to protect the retaining dikes. If so, the polyethylene will be furnished by others. The Contractor shall place the polyethylene on the dikes, when needed. SP.3 INSPECTION The presence of inspectors shall not relieve Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall furnish the use of boats, crew, and material forming a part of the ordinary and usual equipment and crew of the dredge plant, as may be reasonably necessary in inspecting and supervising the work. The Contractor shall furnish suitable transportation to and from the various pieces of plant, and to and from the disposal areas from all points on shore in the vicinity of the work. If the Contractor refuses, neglects, or delays compliance with these requirements, the specific facilities may be furnished by the Government, and the cost thereof will be deducted from the Contractor's earnings. SP.4 MISPLACED MATERIAL Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should the Contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be that provided in Sections 15, 19 and 20 of the River and Harbor Act of March 3, 1899. (33 U.S.C. 410 et seq.). SP.5 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 of the Coast Guard governing lights and day signals as approved by the Secretary of the Army (33 C.F.R. 201.1 - 201.16 and the Commandant, U.S. Coast Guard per Instruction M16672.2, Navigation Rules: International - Inland (COMDTINST M16672.2), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable. SP.6 PLANT a. General. The Contractor agrees to place plant on the job meeting the requirements herein specified. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work specified. The plant shall be subject to inspection of the Contracting Officer at all times. Award of this contract

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shall not be construed as an agreement on the part of the Government that plant listed by the Contractor in his bid is adequate for the performance of the work. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply. b. Performance of Plant. By submitting a bid, the Contractor is giving assurance that the dredging plant furnished shall perform efficiently under the conditions described in these specifications. Government inspectors shall verify that the specified minimum requirements are met during performance of the contract. c. Unserviceable Plant. If, at any time during the life of the contract, the Contracting Officer determines that any item of plant, or part thereof, is inadequate for the service required, is not being operated at full capacity, has become unserviceable or unsafe, is incapable of efficient work, or is not being efficiently operated because of reduced or incompetent crew; he will notify the Contractor in writing of his decision. The Contracting Officer will either suspend operations or direct that the item of plant, or part thereof, be removed from the work until the defects are corrected; and after giving such notice, the rate of payment for the entire plant will be reduced in the ratio that the output falls short of that specified in the Technical Specifications, with allowances for changes in dredging conditions, until the defects are corrected or incompetent crew is replaced, or crew is increased to the satisfaction of the Contracting Officer. The Contractor may substitute plant of similar capacity and power, satisfactory to the Contracting Officer, for any item of plant, or part thereof, condemned or ordered removed from the work. d. Control. (1) The plant and its crew will work under the actual direct supervision of the Contractor. The Contracting Officer or his representative shall direct the time and location of the work to be accomplished under the contract. (2) The Contractor, or a representative with full authority to act for him with reference to care and operation of the plant, shall be on the site of the work at all times. e. Movement of Plant. All moving and towing of the dredge and attendant plant will be done by the Contractor. The Contractor will be notified as early as possible in advance of movement of the dredge plant to permit assembly of the tow. f. Operation and Repair. The Contractor shall furnish all labor, fuel, equipment for transportation of fuel to dredge, appliances, appurtenances, equipment, materials, subsistence, and supplies, and bear all expenses incident to the efficient operation of his plant in connection with the work of dredging under the contract. The Contractor shall also bear all direct overhead and collateral expenses incident to the operation, upkeep, and repair of all items of plant. He shall maintain the plant in a good state of repair; shall arrange for a supply of renewal parts to be on hand when needed for the dredge and each item of attendant plant; and shall provide and maintain the crews for each item of plant employed in connection with the work. All pipelines must be kept in good condition at all times, and any pipeline leaks, broken pipeline, and/or broken connections must be promptly and properly repaired. SP.7 Crew a. The Contractor shall furnish and pay all necessary crew and supervisory personnel required for safe and efficient 24 hour operation of the dredge and attendant plant and to handle floating and shore pipeline. If the Contracting Officer determines that staffing levels are such that there is a breach of the contract or a danger, all remedies under the contract are available, including, but not limited to suspension of work and termination for default. Additional crew will be necessary for shore operations at Northwest Tenn. Harbor. b. Crew on the dredge shall be able to perform operations such as clearing pump and suction and adding or removing floating line simultaneously. Each crewmember shall be relieved by qualified personnel on his days off. The Contractor will remove from work under this contract any employee who, in the opinion of the Contracting Officer, is objectionable or incompetent. This requirement shall not be the basis of any claim for compensation or damages against the United States or any of its officers or agents.

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c. Boat Operators. When operating in a towing status, all boat operators of boats 26 feet or longer shall possess a current operator's license issued by the U.S. Coast Guard. Vessels used at the jobsite for handling pontoon line, moving spill barges, etc., do not require a licensed operator. d. Civil Engineering Technician. The Contractor's Civil Engineering Technician shall be capable of performing all survey work related to this dredging contract, which includes making reconnaissance surveys, preparing dredge layouts, setting gauges, computing yardage, and operating all electronic survey equipment, including the Differential Global Positioning System (DGPS) on the dredge and survey boat. SP.8 OFFICE ACCOMMODATIONS

The Contractor shall provide an office for the dredge inspectors. The office shall be not less than 150 sq ft and shall be properly lighted, ventilated, heated, and cooled. The office shall be sound insulated such that the maximum sound level inside the office will not exceed 85 dB. All costs for office accommodations shall be included in the contract hourly rate. The office shall contain the following: 1 lockable desk 2 chairs 1 3-drawer file cabinet 1 lockable equipment cabinet

A photocopier, capable of making an 8-1/2" X 14" duplex copy on plain paper, and a plain paper fax machine shall be provided on the dredge or floating plant and shall be available for official use by Government inspectors. SP.9 MEALS FOR INSPECTORS

If the Contractor maintains facilities on the dredge or attendant plant for the subsistence of his own employees, he shall furnish meals to Government inspectors assigned to the dredge, and to all Government agents who may visit the dredge on official business. All costs for meals shall be included in the contract hourly rate; no separate payment will be made. SP.10 LAYOUT OF WORK

The Contractor shall furnish, operate and maintain a complete Differential Global Positioning System (DGPS) to provide dredge positioning and alignment in the various dredging assignments of this contract. The system shall utilize DGPS equipment in conjunction with the U.S. Coast Guard Radio Beacon DGPS Network, to provide real time positioning using UTM Zone 15 or 16 coordinates. The Contractor will be provided a diskette containing a Hypack file of the dredging cut layout for each individual assignment, containing stationing, baseline information, and coordinates. SP.11 GENERAL SAFETY REQUIREMENTS a. Accident Prevention Program. Refer to Contract Clause entitled "Accident Prevention (Nov 1991)-Alternate I (Nov 1991)". Prior to the prework conference, the Contractor shall prepare an accident prevention plan and submit four copies to the Contracting Officer for review and approval. The program shall include as a minimum the following: (1) An executed LMV Form 358R, Administrative Plan. (2) Executed LMV Form(s) 359R, Activity Hazard Analysis. (3) A job specific safety plan per paragraph 01.A.07 and Appendix A of EM 385-1-1. b. DCA/USACE Dredging Safety Management Plan. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety

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Management Program (DSMP), as determined by the DA/USACE Joint Committee, and holds a valid Certificate of Compliance for both the Contractor Program and the Dredge to be used to perform the work under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP): (1) Make available for review, upon request, the Contractor's current Safety Management System (SMS) documentation, (2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS. (3) Submit the current dredge Certificate of Compliance based on third party audit. (4) Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation. c. Daily Inspections. The Contractor shall institute a daily inspection program to assure all safety requirements are being met. Daily safety inspections shall be reported on the Contractor's daily Quality Control report. Each report will include, as a minimum, the following: (1) Phase(s) of construction underway during inspection. (2) Locations or areas inspections were made. (3) Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for the report's contents. d. Floating Plant. Floating plant and its operation shall comply with Section 19 of EM385-1-1. e. Emergency Alarms and Signals. General alarm systems shall be installed and maintained in accordance with EM 385-1-1, 19.A.05. f. Machinery and Mechanized Equipment. Machinery and mechanized equipment used under this contract shall comply with Section 16 of EM 385-1-1. When a rubber-tired front-end loader, bulldozer, etc., is operated on floating plant, either a bumper or curb with minimum height of one-third of the outside diameter of the largest tire on the equipment, a barge tied alongside, or other means approved in writing by the Contracting Officer shall be used to prevent equipment from moving or falling into the water. g. Payment. No separate payment will be made for compliance with the safety require-ments and all costs thereof shall be considered incidental to the various bid items of the contract. h. Accident Investigations and Reporting. Refer to EM 385-1-1, paragraph 01.D. Accidents shall be investigated by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his representative within one working day after the accident occurs. SP.12 WORKING IN THE VICINITY OF STRUCTURES AND UTILITY CROSSINGS Where dredging to the required dimensions might endanger any Structure, the Contracting Officer may reduce the required excavation in the vicinity of such structure. The Contractor shall submit for approval by the Contracting Officer, a detailed plan of operation at each pipeline or utility crossing where construction surveys indicate project channel does not exist. The plan shall contain emergency measures to be taken in the event of an accident. The Contractor shall notify the owners of pipelines or utilities at least 3 days prior to operating within l50 feet of a pipeline or utility. The Government will not be responsible for any damage to structures or utilities due to the Contractor's deviation from the approved plan. SP.13 OUTBOARD BOATS

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All boats less than 26 feet in length shall meet either BIA Standards for minimum flotation and capacity, or the certification requirements of the U.S. Coast Guard. The Contractor shall be required to provide satisfactory evidence of compliance. Such evidence shall be a certification by the boat manufacturer, combined with an inspection, to insure that the boat had not been altered in a manner that reduced the safety features; or sufficient tests that indicate compliance with the BIA Standards. SP.14 FUEL CONSUMPTION REPORTING REQUIREMENTS The Contractor shall furnish to the Government a monthly report of the quantities of fuel consumed in execution of the work of the contract. The quantities reported shall include fuel consumed by the Contractor and all of his subcontractors, for the main plant and all support plant during the preceding month. SP.15 PERFORMANCE EVALUATION OF THE CONTRACTOR At a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. The format for the evaluation will be SF 1420, and the Contractor will be rated outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting offices for their use in determining Contractor responsibility. SP.16 PROJECT AND DAILY PRODUCTION REPORTS The Contractor shall furnish computer-generated LMM-316a (electronic) July 91 daily reports complete. The Contractor shall also furnish a summary report for the total contract, broken down by project, monthly and fiscal year in spreadsheet form. SP.17 CONTINUITY OF WORK No payment will be made for work done in an area until the required depth is secured in the whole area, unless prevented by ledge rock. No payment will be made for dredging performed outside the directed dredging cut layout, except by decision of the Contracting Officer or his representative. SP.18 PAYMENTS - DESIGNATED BILLING OFFICE. a. The unit price or lump sum price or prices stated in the contract will be used in determining the amounts to be paid for work performed by the Contractor. The designated billing office for this contract is as follows: Wade Channell U.S. Army Corps of Engineers, Memphis District Ensley Engineer Yard 2915 Riverport Rd Memphis TN 38125-5026 b. Pay time shall begin on the date and hour of acceptance of the dredge and attendant plant by the Contracting Officer as provided in paragraph SP1. and shall end when the dredge and attendant plant are returned to the Contractor, as provided in paragraph SP1e. Pay time will be calculated to the nearest one-sixtieth (1/60) hour for payment. c. The following will be considered effective time and will be paid for at the applicable contract unit price

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per hour: (1) Actual time dredging when the dredge is under operation, with the cutterhead moving material, and such material is being passed through the pipeline. (2) Time lost in making such openings in floating discharge pipelines or in swinging to one side of channel and slacking off of the swinging wires as may be necessary for the passage of vessels. The Contractor will be responsible for making such opening upon signal of any vessel or craft desiring to pass. d. All cumulative non-effective hours will be reduced by 30 percent and the reduced cumulative hours paid for at the applicable contract unit price per hour. The following will be considered non-effective time: (1) Actual time lost, but not in excess of eight hours, for each of the following; preparing to move from one job to another, preparing the dredge for pumping upon arrival at a new job. (2) Actual time lost due to moving swing anchors; changing swinging wires to previously prepared pendants; making changes in discharge lines, such as adding pontoons or shore pipe, as may be necessary due to the progress of the work; and actual lost time due to failure of retaining dikes, spillboxes, or outfalls through no fault of the Contractor. In the latter case, the Contractor will be required to furnish all available equipment and personnel to assist in making repairs. (3) Actual time lost due to removal of logs, driftwood, etc., from the pump, pipeline and cutterhead; removal of drift from the pontoon line; washing out pipeline before handling. Actual time lost, but not in excess of eight hours, due to dredge shutdowns authorized by the Contracting Officer for the purpose of replacing the pump impeller with either different diameter impeller or an impeller of different number of vanes than that of the impeller being used. Actual time lost, but not in excess of one hour, due to dredge shutdowns authorized by the Contracting Officer for the purpose of changing dredge cutterhead to cutter-head of a different type. The intent of payment for delays authorized by the Contracting Officer to permit the Contractor to change pump impellers and dredge cutterhead is to obtain the greatest efficiency of operations under changing conditions, such as varying material, length of line, etc. Payment will not be made under this subparagraph for replacing worn-out impellers and/or dredge cutterhead, or cutterhead that have lost their efficiency because of wear. (4) Actual time lost due to inclement weather on an assignment or while en route between assignments. e. When river conditions are such that dredging operations become impractical or uneconomical, as determined by the Contracting Officer, he may place the dredge in an idle standby status by giving 24 hours oral or written notice to the Contractor. When the dredge plant is placed in an idle standby status, the Contractor will cease dredging operations and shall secure the dredge plant in a location approved by the Contracting officer. During the idle standby period, the Contractor shall retain a crew that will enable the dredge plant to be returned to operation within 24 hours of receiving notice to resume dredging. While in an idle standby status, neither the dredge plant nor any attendant plant shall be moved from the standby location without approval from the contracting officer. Idle standby may be directed on more than one occasion, but will not exceed a cumulative total of 504 hours. All idle standby hours shall be reduced by 65 percent and the reduced cumulative standby hours paid for at the contract hourly unit price for dredging. When the Contractor begins preparations to resume operations at the site as directed by the Contracting Officer, the usual pay provisions of the specifications will be applicable. f. Payment will not be made for: (1) Lay time on an assignment or when all necessary equipment is not available or in operating condition at the new assignment. (2) Time lost due to shutdowns for the repair or the replacement of worn out or unserviceable equipment and time lost due to pulling a line together when the joints open up, replacing damaged shore pipe or pontoons, except when shore pipe is damaged by caving bank or pontoons are damaged by drift through no fault or negligence of the Contractor.

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(3) Time during which the dredge is engaged in removing misplaced material and dredging time lost due to removal of obstructions as required in paragraph SP4. (4) Time during which the dredge is engaged in dredging for others, time being computed from time the dredge shuts down until the dredge is back in position and material is being passed through the pipeline. (5) Time lost due to shutdowns ordered by the Contracting Officer's representative due to nonconformance to Safety and Health Requirements Manual EM 385-1-1 (See Clause entitled "Accident Prevention" of the Contract Clauses) and safety requirements of these specifications. (6) Time lost due to insufficient crew size and the inability to perform efficiently simultaneous dredging operations and on-shore disposal operations as determined by the Contracting Officer or his representative. (7) When the dredge is shut down for any reason or purpose that applies under paragraph 4f(1-6), the ensuing time shall remain under that classification until the cause of the shutdown shall have been removed and no claim shall be allowed for other work performed during that time except if it be the case that the Contracting Officer orders the dredge and attendant plant be moved to a new location. SP.19 ENVIRONMENTAL LITIGATION

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order or a court of competent jurisdiction as a result of environmental litigation, as specified below, the Contracting Officer, at the request of the Contractor, shall determine if the order is due in any part to acts or omissions of the Contractor, or a subcontractor at any tier, not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor, or a subcontractor at any tier, other than as required by the terms of this contract, the suspension, delay or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the CONTRACT CLAUSE entitled SUSPENSION OF WORK. The period of this suspension, delay, or interruption shall be considered unreasonable and an adjustment shall be made for the increase in cost of performance of this contract, excluding profit as provided in that Clause, subject to all the provisions thereof. The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on environment. SP.20 CONTRACTING OFFICER SIGNATURE The Contracting Officer signing this contract is the primary Contracting Officer on this contract. However, any Contracting Officer assigned to the Memphis District and Acting within its authority may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is away from the office.

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WAGE DETERMINATION General Decision Number: AR070045 07/20/2007 AR45

Superseded General Decision Number: AR20030045 State: Arkansas Construction Type: Heavy Dredging Counties: Arkansas Statewide. DREDGING PROJECTS ALONG THE MISSISSIPPI RIVER AND ITS TRIBUTARIES Modification Number 0 1 * Publication Date 02/09/2007 07/20/2007

SUAR1990-005 02/15/1990 Rates Fringes

Derrick Operator.................$ Dozer Operator...................$ Dredge 16" and Over Deckhand....................$ Dredge tender operator......$ Fireman.....................$ First assistant engineer....$ Leverman....................$ Oiler.......................$ Second assistant engineer...$ Shoreman....................$ Third assistant engineer....$ Truck driver................$ Welder......................$ Dredge Under 16" Deckhand....................$ Dredge tender operator......$ Leverman....................$ Oiler.......................$ Welder......................$ Hydraulic Dredging First cook..................$ Handyman....................$ Janitor, cabin person.......$ Second cook.................$ Marsh Buggy Dragline, Oiler......$

5.85 5.85 5.85 5.85 5.85 6.06 6.10 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 6.33

Marsh Buggy Dragline, Operator...$ 6.70 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing

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operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

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Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

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General Decision Number: KY070050 07/20/2007

KY50

Superseded General Decision Number: KY20030050 State: Kentucky Construction Type: Heavy Dredging Counties: Kentucky Statewide. DREDGING PROJECTS ALONG THE GULF COAST AREA INCLUDING THE MISSISSIPPI RIVER AND ITS TRIBUTARIES TO THE OHIO RIVER Modification Number 0 1 * Publication Date 02/09/2007 07/20/2007

SUKY1994-002 04/01/1994 Rates Fringes

Derrick Operator.................$ Dozer Operator...................$ Dredge 16" and Over Deckhand....................$ Dredge Tender Operator......$ Fireman.....................$ First Assistant Engineer....$ Leverman....................$ Oiler.......................$ Second Assistant Engineer...$ Shoreman....................$ Third Assistant Engineer....$ Truck Driver................$ Welder......................$ Dredge Under 16" Deckhand....................$ Dredge tender Operator......$ Leverman....................$ Oiler.......................$ Welder......................$ Hydraulic Dredging First Cook..................$ Handyman....................$ Janitor - Cabin Person......$ Second Cook.................$ Marsh Buggy Dragline Oiler.......................$ Operator....................$ Self-Propelled Hopper Dredge Drag Tender.................$

5.85 5.85 5.85 5.85 5.85 6.06 6.10 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 6.33 6.70 9.70 3.45+a

FOOTNOTE: a. Fourteen paid vacation days and eight paid holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day & Christmas Day provided the employee has one year of service ----------------------------------------------------------------

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WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

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Review Board (formerly the Wage Appeals Board). Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

Write to:

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

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General Decision Number: MS070034 07/20/2007

MS34

Superseded General Decision Number: MS20030034 State: Mississippi Construction Type: Heavy Dredging Counties: Mississippi Statewide. DREDGING PROJECTDS ALONG THE MISSISSIPPI RIVER AND ITS TRIBUTARIES Modification Number 0 1 * Publication Date 02/09/2007 07/20/2007

SUMS1990-015 02/15/1990 Rates Fringes

Derrick Operator.................$ Dozer Operator...................$ Dredge 16" and Over Deckhand....................$ Dredge tender operator......$ Fireman.....................$ First assistant engineer....$ Leverman....................$ Oiler.......................$ Second assistant engineer...$ Shoreman....................$ Third assistant engineer....$ Truck driver................$ Welder......................$ Dredge Under 16" Deckhand....................$ Dredge tender operator......$ Leverman....................$ Oiler.......................$ Welder......................$ Hydraulic Dredging First cook..................$ Handyman....................$ Janitor, cabin person.......$ Second cook.................$

5.85 5.85 5.85 5.85 5.85 6.06 6.10 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85 5.85

Marsh Buggy Dragline Oiler.......................$ 6.33 Operator....................$ 6.70 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

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---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

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================================================================ END OF GENERAL DECISION

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DIVISION 1 - GENERAL REQUIREMENTS SECTION 01130 ENVIRONMENTAL PROTECTION TABLE OF CONTENTS

PART 1 GENERAL 1.1 DEFINITIONS 1.2 ENVIRONMENTAL PROTECTION REQUIREMENTS 1.2.1 Environmental Protection Plan 1.2.1.1 Protection of Features 1.2.1.2 Procedures 1.2.1.3 Regulatory Requirements, Permits or Licenses 1.2.1.4 Environmental Monitoring Plans 1.3 SUBCONTRACTORS 1.4 REGULATORY REQUIREMENTS 1.5 MEASUREMENT AND PAYMENT PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION 3.1 PROTECTION OF ENVIRONMENTAL RESOURCES 3.1.1 Protection of Land Resources 3.1.1.1 Disposal of Solid Wastes 3.1.1.2 Disposal of Chemical Wastes 3.2 HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES 3.3 PROTECTION OF WATER RESOURCES 3.3.1 Dredging Operations 3.3.2 Monitoring of Water Areas Affected by Construction Activities 3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES 3.5 PROTECTION OF AIR RESOURCES 3.5.1 Hydrocarbons and Carbon Monoxide 3.5.2 Odors 3.5.3 Monitoring Air Quality 3.6 INSPECTION 3.7 POST CONSTRUCTION CLEANUP 3.8 RESTORATION OF LANDSCAPE DAMAGE 3.9 MAINTENANCE OF POLLUTION FACILITIES 3.10 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL -End of Section Table of Contents-

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SECTION 01130 ENVIRONMENTAL PROTECTION PART 1 GENERAL 1.1 DEFINITIONS For the purpose of this specification, environmental pollution and damage is defined as 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 man; or degrade the utility of the environment for aesthetic, cultural and/or historical purposes. The control of environmental pollution and damage requires consideration of air, water, and land, and includes management of visual aesthetics, noises, solid waste, radiant energy and radio-active materials, as well as other pollutants. 1.2 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Comply with Federal, State, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. 1.2.1 ENVIRONMENTAL PROTECTION PLAN Within 21 days after receipt of Notice of Award of the contract, the Contractor shall submit in writing an environmental protection plan. Prior to starting work, the Contractor shall meet with representatives of the Contracting Officer to develop mutual understanding relative to compliance with this provision and administration of the environmental protection program. Approval of the Contractor's plan will not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. The Government reserves the right to make changes to the environmental protection plan and operations as necessary to maintain satisfactory environmental protection performance. The environmental protection plan shall include but not be limited to the following: 1.2.1.1 Protection of Features The Contractor shall determine methods for the protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of methods to protect resources needing protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archaeological and cultural resources.

1.2.1.2 Procedures The Contractor shall implement procedures to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall set out the procedures to be followed to correct pollution of the environment due to accident or failure to follow the procedures set out in the environmental protection plan. 1.2.1.3 Permit or License The Contractor shall obtain all needed permits or licenses. 1.2.1.4 Environmental Monitoring Plans

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The Contractor shall include environmental monitoring plans for the job site, which incorporate land, water, air and noise monitoring.

1.3 SUBCONTRACTORS Assurance of compliance with this section by subcontractors will be the responsibility of the Contractor. 1.4 PERMITS OBTAINED BY THE CORPS OF ENGINEERS The Corps of Engineers will obtain the 404 permit for this project. See also Contract Clause entitled "PERMITS AND RESPONSIBILITIES". 1.5 REGULATORY REQUIREMENTS The Contractor shall comply with all state regulatory and statutory requirements. 1.6 MEASUREMENT AND PAYMENT No separate payment or direct payment will be made for the cost of the work covered under this section, and such work will be considered as a subsidiary obligation of the Contractor.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION 3.1 PROTECTION OF ENVIRONMENTAL RESOURCES The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following paragraphs. 3.1.1 Protection of Land Resources 3.1.1.1 Disposal of Solid Wastes Solid wastes (excluding material resulting from clearing and grubbing) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. The Contractor shall transport all solid waste off of the work site and dispose of it in compliance with federal, state, and local requirements for solid waste disposal.

3.1.1.2 Disposal of Chemical Wastes Chemical wastes shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with federal, state, and local regulations. 3.2 HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES Known historical, archaeological and cultural resources within the Contractor's work area will be so designated by the Contracting Officer and precautions taken to preserve all such resources as they existed at the time they were

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pointed out to the Contractor. The Contractor shall install all protection for these resources and shall be responsible for their preservation during this contract. If items of apparent historical or archaeological interest are discovered in the course of any construction activities, they shall be left undisturbed and the Contractor shall immediately report the find to the Contracting Officer. 3.3 PROTECTION OF WATER RESOURCES The Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. 3.3.1 Dredging Operations The Contractor shall plan his dredging operations and perform all work necessary to minimize adverse impact or violation of the water quality standard. 3.3.2 Monitoring of Water Areas Affected by Construction Activities The contractor shall monitor all water areas affected by construction activities. 3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES The Contractor shall keep construction activities under surveillance, management and control to minimize interference with, disturbance to and damage of fish and wildlife. Species that require specific attention, along with measures for their protection shall be listed by the Contractor prior to beginning of construction operations.

3.5 PROTECTION OF AIR RESOURCES The Contractor shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the applicable state air pollution regulations and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for those construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities, which are included in the contract. 3.5.1 Hydrocarbons and Carbon Monoxide Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to federal and state allowable limits at all times. 3.5.2 Odors Odors shall be controlled at all times for all construction activities, processing and preparation of materials. 3.5.3 Monitoring Air Quality Monitoring of air quality shall be the responsibility of the Contractor. The Contractor shall monitor all air areas affected by the construction activities. 3.6 INSPECTION The Contracting Officer will notify the Contractor in writing, of any observed noncompliance with the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of

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proposed corrective action, and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension. 3.7 POST CONSTRUCTION CLEANUP The Contractor shall clean up all areas used for construction. 3.8 RESTORATION OF LANDSCAPE DAMAGE The Contractor shall restore all landscape features damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be in accordance with the plans submitted for approval to the Contracting Officer.

3.9 MAINTENANCE OF POLLUTION FACILITIES The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 3.10 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL The Contractor shall train his personnel in all phases of environmental protection. The Training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers, and instruments required for monitoring purposes) to ensure adequate and continuous environmental pollution control.

-End of Section ­

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DIVISION 1 - GENERAL REQUIREMENTS SECTION 01440 CONTRACTOR QUALITY CONTROL TABLE OF CONTENTS PART 1 GENERAL 1.1 REFERENCES (Not Applicable) 1.2 PAYMENT PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL 3.2 QUALITY CONTROL PLAN 3.2.1 General 3.2.2 Content of the CQC Plan 3.2.3 Acceptance of Plan 3.2.4 Notification of Changes 3.3 COORDINATION MEETING 3.4 QUALITY CONTROL ORGANIZATION 3.4.1 CQC System Manager 3.5 SUBMITTALS (Not Applicable) 3.6 CONTROL 3.6.1 Preparatory Phase 3.6.2 Initial Phase 3.6.3 Follow-up Phase 3.6.4 Additional Preparatory and Initial Phases 3.7 TESTS (Not Applicable) 3.8 COMPLETION INSPECTION 3.9 DOCUMENTATION 3.10 NOTIFICATION OF NONCOMPLIANCE

-End of Section Table of Contents-

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SECTION 01440 CONTRACTOR QUALITY CONTROL PART 1 GENERAL 1.1 REFERENCES (Not Applicable) 1.2 PAYMENT Separate payment will not be made for providing and maintaining an effective Quality Control program, and all costs associated therewith shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with the Contract Clause entitled "Inspection of Construction." The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with the contract requirements. The system shall cover all construction operations, both on-site and off-site, and shall be keyed to the proposed construction sequence. 3.2 QUALITY CONTROL PLAN 3.2.1 General The Contractor shall furnish for review by the Government, as soon as possible after receipt of Notice of Award of the contract but not later than 10 calendar days prior to the Preconstruction Conference, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause entitled "Inspection of Construction." The plan shall identify personnel, procedures, control, instructions, test, records, and forms to be used. The Government will consider an interim plan for the first 15 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional features of work to be started. 3.2.2 Content of the CQC Plan The CQC plan shall include, as a minimum, the following to cover all construction operations, both on-site and off-site, including work by subcontractors, fabricators, suppliers, and purchasing agents: a. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system for all aspects of the work specified. The staff shall include a CQC system manager who shall report to the project manager or someone higher

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in the Contractor's organization. Project manager in this context shall mean the individual with responsibility for the overall management of the project including quality and production. b. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function. c. A copy of the letter to the CQC System Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the CQC System Manager, including authority to stop work which is not in compliance with the contract. The CQC System Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities, and responsibilities. Copies of these letters will also be furnished to the Government. d. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off-site fabricators, suppliers, and purchasing agents. e. Control, verification, and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test. (Laboratory facilities will be approved by the Contracting Officer.) f. Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation. g. Procedures for tracking construction deficiencies from identification through acceptable corrective action. These procedures will establish verification that identified deficiencies have been corrected. h. Reporting procedures, including proposed reporting formats. i. A list of the definable features of work. A definable feature of work is a task that is separate and distinct from other tasks and has separate control requirements. It could be identified by different trades or disciplines, or it could be work by the same trade in a different environment. Although each section of the specifications may generally be considered as a definable feature of work, there is frequently more than one definable feature under a particular section. This list will be agreed upon during the coordination meeting. 3.2.3 Acceptance of Plan Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Government reserves the right to require the Contractor to make changes in his CQC plan and operations including removal of personnel, as necessary, to obtain the quality specified. 3.2.4 Notification of Changes After acceptance of the QC plan, the Contractor shall notify the Contracting Officer in writing a minimum of seven calendar days prior to any proposed change. Proposed changes are subject to acceptance by the Contracting Officer. 3.3 COORDINATION MEETING After the Preconstruction Conference, before start of construction, and prior to acceptance by the Government of the Quality Control Plan, the Contractor shall meet with the Contracting Officer or Authorized Representative and discuss the Contractor's quality control system. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both on-site and off-site work, and the interrelationship of Contractor's Management and control with the Government's Quality Assurance. Minutes of the meeting shall be prepared by the Government and signed

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by both the Contractor and the Contracting Officer. The minutes shall become a part of the contract file. There may be occasions when subsequent conferences will be called by either party to reconfirm mutual understandings and/or address deficiencies in the CQC system or procedures that may require corrective action by the Contractor. 3.4 QUALITY CONTROL ORGANIZATION 3.4.1 CQC System Manager The Contractor shall identify an individual within his organization at the worksite who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. This CQC System Manager shall be subject to acceptance by the Contracting Officer. The CQC System Manager shall be assigned as System Manager but may have other duties in addition to quality control. The CQC System Manager must have completed the Corps of Engineer's training course entitled "Construction Quality Management for Contractors". This course is periodically offered by the Memphis District as well as other Corps Districts. 3.5 SUBMITTALS (Not Applicable) 3.6 CONTROL The controls shall include at least three phases of control to be conducted by the CQC System Manager for all definable features of work, as follows: 3.6.1 Preparatory Phase This phase shall be performed prior to beginning work on each definable feature of work and shall include: a. A review of each paragraph of applicable specifications. b. A review of the contract drawings. c. A check to assure that all materials and/or equipment have been tested, submitted, and approved. d. A check to assure that provisions have been made to provide required control inspection and testing. e. Examination of the work area to assure that all required preliminary work has been completed and is in compliance with the contract.

f. A physical examination of required materials, equipment, and sample work to assure that they are on hand, conform to approved shop drawings or submitted data, and are properly stored. g. A review of the appropriate activity hazard analysis to assure safety requirements are met. h. Discussion of procedures for constructing the work including repetitive deficiencies. Document construction tolerances and workmanship standards for that phase of work. i. A check to ensure that the portion of the plan for the work to be performed has been accepted by the Contracting Officer. j. The Government shall be notified at least 24 hours in advance of beginning any of the required action of the preparatory phase. This phase shall incl