Free Administrative Record - District Court of Federal Claims - federal

Case 1:08-cv-00282-SGB

Document 10-19

Filed 04/25/2008

Page 1 of 77

From: To: CC: Subject: Date: Attachments:

Channell, Stephen W MVM Clayton, Carlos E MVM; New bid sheet Tuesday, April 01, 2008 10:09:18 AM bid.doc

Carl, Please revise the bid and send me a copy. Thanks, Wade

680

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 2 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

Invitation No. W912EQ-08-B-0001 Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor. U.S. Army Corps of Engineers, Memphis District 167 North Main Street, B202 Memphis TN 38103-1894 In compliance with the above Invitation for Bids, the undersigned hereby proposes to furnish, deliver, and operate the following plant in strict accordance with the attached specifications: One Cutterhead Hydraulic Pipeline Dredge and Attendant Plant with the following characteristics: DREDGE NAME or NUMBER:________________________________________ a. Hull length b. Draft c. Length of dredge spuds d. Maximum and Minimum dredging depth e. Maximum effective dredge swing f. Ladder length g. Cutter motor, brake horsepower DISCHARGE SIZE: a. Discharge line, inside diameter b. Pump discharge, inside diameter (inches) (inches) (hp) (feet) (feet) (feet) (feet) (feet) (feet) (feet)

MAIN ENGINE: Continuous brake horsepower applied to pump impeller

BOOSTER PUMP IF NEEDED: Continuous brake horsepower applied to pump impeller ____________(hp) ATTENDANT PLANT: Derrick Barge - Type Dimensions - length, width, draft Boom length Crane Barge - Type Dimensions - length, width, draft Boom length Spill Barge Dimensions - length, width, draft Fuel Barge Dimensions - length, width, draft

(feet) (feet)

(feet) (feet) (feet) (feet)

00010-3 681

Case 1:08-cv-00282-SGB Invitation No. W912EQ-08-B-0001 BULLDOZERS(2) Make Model

Document 10-19 Filed 04/25/2008 Page 3 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

DOZER NO.1

DOZER NO.2

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor.

EXCAVATOR(1) Make

EXCAV NO.1

Model ____________ TENDERS (3) Tender No.1 Name Year Built HULL: Length (feet) Molded Beam (feet) Draft (feet) Tender No.2 Name Year Built HULL: Length (feet) Molded Beam (feet) Draft (feet) Tender No.3 Name Year Built HULL: Length (feet) Molded Beam (feet) Draft (feet)

PROPELLING ENGINES: Make Model Serial No Brake HP

PORT

STBD

PROPELLING ENGINES: Make Model Serial No Brake HP

PORT

STBD

PROPELLING ENGINES: Make Model Serial No Brake HP

PORT

STBD

00010-4 682

Case 1:08-cv-00282-SGB Invitation No. W912EQ-08-B-0001 SURVEY/CREW BOAT (1) Model Dimensions - length, width, draft OUTBOARD MOTORS (3) Model Horsepower

Document 10-19 Filed 04/25/2008 Page 4 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

(feet) Motor 1 Motor 2 Motor 3

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor.

The plant was last operated at

(location), in

(month/year).

The plant may be inspected at

(location).

The plant offered is owned by

.

00010-5 683

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 5 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

Invitation No. W912EQ-08-B-0001 BIDDING SCHEDULE - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor Dredge (To be attached to Bid Form) LOT ONE Item No. 0001 Lot One Bid Description Estimated Quantity Unit Unit Price Estimated Amount _

Maintenance Dredging: Rental of one fully operated hydraulic dredge with min. 27-inch ID pump discharge and attendant dredge plant including pipeline First 1,384.5 hours All over 1,384.5 hours 1,384.5 692 Hours Hours $ $ $ $

0001AA 0001AB

0002

Upstream Towing of dredge and attendant plant First 200 miles All over 200 miles 200 200 Miles Miles $ $ $ $

0002AA 0002AB

0003

Downstream Towing of dredge and attendant plant First 200 miles All over 200 miles 200 200 Miles Miles $ $ $ $

0003AA 0003AB

0004

Mobilization and demobilization

l

Job

Lump Sum $

TOTAL LOT ONE BID $

00010-6 684

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 6 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

Invitation No. W912EQ-08-B-0001 BIDDING SCHEDULE - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor Dredge (To be attached to Bid Form) LOT TWO Item No. 0005 Lot Two Bid Description Estimated Quantity Unit Unit Price Estimated Amount _

Maintenance Dredging: Rental of one fully operated hydraulic dredge with 29-inch ID pump discharge and attendant dredge plant including pipeline First 1,200 hours All over 1,200 hours 1,200 600 Hours Hours $ $ $ $

0005AA 0005AB

0006

Upstream Towing of dredge and attendant plant First 200 miles All over 200 miles 200 200 Miles Miles $ $ $ $

0006AA 0006AB

0007

Downstream Towing of dredge and attendant plant First 200 miles All over 200 miles 200 200 Miles Miles $ $ $ $

0007AA 0007AB

0008

Mobilization and demobilization

l

Job

Lump Sum $

TOTAL LOT ONE BID $

00010-7 685

Case 1:08-cv-00282-SGB Invitation No. W912EQ-08-B-0001

Document 10-19 Filed 04/25/2008 Page 7 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

OPTION A Item No. 0009 Option A Description Estimated Quantity Unit Price Estimated Amount _

Unit

New construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Yardage contract for one fully operated hydraulic dredge with 27 or 29-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline First 927,650 Yards Next 127,500 Yards Next 122,650 Yards 927,650 127,500 122,650 Cubic Yards Cubic Yards Cubic Yards $ $ $ $ $ $

0009AA 0009AB 0009AC

00010

Stand by time for dredge and attendant plant.

00010AA

Stand by time hours

72

Hours

$

$

TOTAL OPTION A BID $

00010-8 686

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 8 Apr 01 bid.doc attachment to email from Channell datedof 77 08 10:09:18 AM

Invitation No. W912EQ-08-B-0001 BIDDING SCHEDULE - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor Dredge (To be attached to Bid Form)

NOTE: Bidders shall furnish unit prices for all items listed on the schedule of bid items which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE. Award will be made as a whole to one bidder. All quantities are estimated except where unit is given as "job" or "each." If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

00010-9 687

Case 1:08-cv-00282-SGB

Document 10-19

Filed 04/25/2008

Page 9 of 77

From: To: CC: Subject: Date: Attachments:

Thurman, Stacy D MVK Clayton, Carlos E MVM; Abstract (W912EE-08-B-0001) Wednesday, April 02, 2008 8:54:30 AM bidresults.pdf

Hope this helps! Thanks, Stacy Thurman Contract Specialist Vicksburg Contracting Office 601-631-5820 601-631-7263 (fax)

688

bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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bidresults.pdf attachment to email from Thurman dated Apr 02 08 8:54:30 AM

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694

Case 1:08-cv-00282-SGB

Document 10-19

Filed 04/25/2008

Page 16 of 77

From: To: CC: Subject: Date: Attachments:

Clayton, Carlos E MVM Channell, Stephen W MVM; AMENDMENT 0005 DREDGING BID SCHEDULE Wednesday, April 02, 2008 11:20:00 AM AMENDMENT 0005 DREDGING BID SCHEDULE.doc

695

Case 1:08-cv-00282-SGB DREDGING BID10-19 Filed 04/25/2008 Page 17 of 02 AMENDMENT 0005 Document SCHEDULE.doc attachment to email from Clayton dated Apr 7708 11:20:00 AM

LOT 1 27-INCH DREDGE BID ITEMS 0001 THRU 0005 ITEM NO 0001 SUPPLIES/SERVICES New construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Yardage contract for one fully operated hydraulic dredge with 27-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline QUANTITY UNIT UNIT PRICE AMOUNT

0001AA

First 927,650 Yards

927,650

Cubic Yard Cubic Yard

________________

____________________

0001AB
OPTION

Next 127,500 Yards

127,500

________________

____________________

0001AC
OPTION

Next 122,650 Yards

122,650

Cubic Yard

________________

___________________

0001AD

Stand by time for dredge and attendant plant

75

Hours ________________ ____________________

0002

Maintenance Dredging Rental of one fully operated hydraulic dredge with 27-inch ID pump discharge, and attendant dredge plant including pipeline

0002AA

First 1,384.5 hours

1,384.50

Hours

________________

____________________

0002AB

All over 1384.5 hours

692

Hours

________________

____________________

696

Case 1:08-cv-00282-SGB DREDGING BID10-19 Filed 04/25/2008 Page 18 of 02 AMENDMENT 0005 Document SCHEDULE.doc attachment to email from Clayton dated Apr 7708 11:20:00 AM

0003

Upstream Towing of Dredge and attendant plant.

0003AA

First 200 miles

200

Miles

________________

____________________

0003AB

All over 200 miles

200

Miles

________________

____________________

0004

Downstream Towing of dredge and plant

0004AA

First 200 miles

200

Miles

________________

____________________

0004AB

All over 200 miles

200

Miles

________________

____________________

0005

Mobilization and demobilization

1

Lump Sum ____________________

LOT 1 27-INCH DREDGE TOTAL BID ITEMS 0001 THRU 0005 ____________________

697

Case 1:08-cv-00282-SGB DREDGING BID10-19 Filed 04/25/2008 Page 19 of 02 AMENDMENT 0005 Document SCHEDULE.doc attachment to email from Clayton dated Apr 7708 11:20:00 AM

LOT 2 29-INCH DREDGE BID ITEMS 0006 THRU 0010 ITEM NO 0006 SUPPLIES/SERVICES New Construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Yardage contract for one fully operated hydralic dredge with 29-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline QUANTITY UNIT UNIT PRICE AMOUNT

0006AA

First 927,650 Yards

927,650

Cubic Yard

________________

____________________

0006AB
OPTION

Next 127,500 Yards

127,500

Cubic Yard

________________

____________________

0006AC
OPTION

Next 122,650 Yards

122,650

Cubic Yard

________________

____________________

0006AD

Stand by time for dredge and attendant plant

75

Hours ________________ ____________________

0007

Maintenance Dredging Rental of one fully operated hydraulic dredge with 29-inch ID pump discharge and attendant dredge plant including pipeline.

0007AA

First 1,200 hours

1,200

Hours

________________

____________________

0007AB

All over 1,200 hours

600

Hours

________________

____________________

698

Case 1:08-cv-00282-SGB DREDGING BID10-19 Filed 04/25/2008 Page 20 of 02 AMENDMENT 0005 Document SCHEDULE.doc attachment to email from Clayton dated Apr 7708 11:20:00 AM

0008

Upstream Towing of dredge and attendant plant

0008AA

First 200 Miles

200

Miles

________________

____________________

0008AB

All over 200 miles

200

Miles

________________

____________________

0009

Downstream Towing of dredge and attendant plant

0009AA

First 200 miles

200

Miles

________________

____________________

0009AB

All over 200 miles

200

Miles

________________

____________________

0010

Mobilization and Demobilization

1

Lump Sum ____________________

LOT 2 29-INCH DREDGE TOTAL BID ITEMS 0006 THRU 0010 _____________________

699

Case 1:08-cv-00282-SGB

Document 10-19

Filed 04/25/2008

Page 21 of 77

From: To: CC: Subject: Date: Attachments:

Clayton, Carlos E MVM Norman, Wendell N MVM; FW: Abstract (W912EE-08-B-0001) Wednesday, April 02, 2008 8:55:00 AM bidresults.pdf

Here's the bid abstract from Vicksburg. Carl -----Original Message----From: Thurman, Stacy D MVK Sent: Wednesday, April 02, 2008 8:54 AM To: Clayton, Carlos E MVM Subject: Abstract (W912EE-08-B-0001)

Hope this helps! Thanks, Stacy Thurman Contract Specialist Vicksburg Contracting Office 601-631-5820 601-631-7263 (fax)

700

bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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bidresults.pdf attachment to email from Clayton dated Apr 02 08 8:55:00 AM

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Case 1:08-cv-00282-SGB

Document 10-19

Filed 04/25/2008

Page 28 of 77

From: To: CC: Subject: Date: Attachments:

Channell, Stephen W MVM Clayton, Carlos E MVM; Norman, Wendell N MVM; Revised Specs for Dredge Contract Wednesday, April 02, 2008 1:21:20 PM 02482A.doc 00800B.doc 00800A.doc 02482B.doc

Team, Maintenance is A and New Construction is B. Please read the New Construction. I give my best. Thanks Wade

707

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 29 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM W912EQ-08-B-0001 DIVISION 2 - SITE WORK SECTION 02482A

MAINTENANCE DREDGING (HOURLY) TABLE OF CONTENTS

PART 1 GENERAL 1.1 SCOPE OF DREDGING PART 2 PRODUCTS 2.1 DREDGE 2.1.1 Size of Dredge 2.1.2 Spare Cutters and Impellers 2.2 ATTENDANT PLANT 2.2.1 General 2.2.2 Anchor Barge 2.2.3 Barge Mounted Crane 2.2.4 Fuel Barge 2.2.5 Landing Barge 2.2.6 Pipelines 2.2.7 Spill Barge 2.2.8 Tenders 2.2.9 Survey/Crew Boat 2.2.10 Dozers 2.3 TECHNICAL EQUIPMENT 2.3.1 Production Recording Equipment 2.3.2 Differential Global Positioning System (DGPS) 2.3.3 Depth Sounding Devices 2.3.4 Hydrographic Survey Equipment 2.3.5 Gyro Compass PART 3 EXECUTION (Not Applicable)

-End of Section Table of Contents-

02482-1 708

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 30 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM W912EQ-08-B-0001 SECTION 02482A

MAINTENANCE DREDGING (HOURLY) PART 1 GENERAL 1.1 SCOPE OF DREDGING The work consists of the maintenance dredging of the following harbors: Hickman, KY; New Madrid, MO; Caruthersville, MO; Osceola, AR; Memphis, TN; Wolf River, TN; Helena, AR; Phillips County, AR; or at any point on the Mississippi River between Cape Girardeau MO (Mile 48 UMR) and Greenville, Mississippi (Mile 537 AHP). Material dredged from the maintenance harbors shall be discharged into the river or be retained in disposal areas by retaining dikes and box-type spillways as directed. PART 2 PRODUCTS 2.1 DREDGE 2.1.1 Size of Dredge The dredge shall be not less than 27 inch I.D. discharge. The dredge shall have a minimum manufacturer's horsepower rating for continuous operation as specified in the table below. The dredge inspectors will monitor the actual dredge output, as determined by before and after dredging surveys performed by the Government, against the applicable quantity shown. Failure to maintain that quantity will result in a reduction in payments in accordance with paragraph 00800-SP.18.g, unless the Contracting Officer determines that circumstances beyond the control and without the fault or negligence of the Contractor caused the reduction in output. Dredging performed at some locations will require approximately 15,000 ft. of discharge line with a 50 ft. lift; during this time the dredge shall not be required to meet the specified minimum output. The discharge size will be considered to be the minimum diameter of either the pump discharge or discharge line, which-ever is less. Dredges larger than 29 inches will be considered but, the estimate output will be based on quantity shown for 29 inch dredge.

Size of Dredge Pump Discharge (I.D.) 27 inches 29 inches

Minimum Continuous BHP Connected to Dredge Pump 3,900 6,000

Estimated Minimum Output Per Pumping Hour Cubic Yards 1145 1321

The dredge ladder and spuds shall be of such construction and configuration that the dredge will dig material to a depth of 50 ft below the water surface without exceeding a ladder angle of 45 degrees from horizontal, and will make a 250-ft bottom width cut at a depth of 50 ft without exceeding a swing angle of 45 degrees to either side of the cut centerline. Spuds shall be capable 02482-2 709

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 31 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM

W912EQ-08-B-0001 of holding the dredge in place under the dredging conditions above in currents up to 12 ft per second. The dredge shall be capable of starting work and working efficiently at a depth of 12 ft. The draft of the dredge shall not exceed 9 ft. The dredge shall be of such design as to work efficiently and permit passage of other vessels while working in a 250-ft wide channel. A check (flap) valve will be located on the dredge near the discharge side of the pump. A flow meter and density meter shall be located on the dredge on the discharge side of the pump for the purpose of determining velocity and cubic yardage. The suction pipe shall have a device that will degas the dredged material. The sound level in the lever room shall not exceed 90 dB. 2.1.2 Spare Cutters and Impellers The Contractor shall have available for use at all times, a minimum of three interchangeable pump impellers in the sizes that can be accommodated by the pump to permit the dredge to work under varying conditions of length of discharge line and lift. The Contractor shall have available at all times a minimum of two extra cutter heads compatible to dredging conditions. 2.2 ATTENDANT PLANT 2.2.1 General Attendant plant shall include the following as minimum requirements and shall be composed of such fuel barges, tenders, floating discharge pipe, shore pipe, spill barge, derrick or anchor barges, landing barge, water barges, and other attendant or auxiliary plant as may be required for operations under these specifications, whether or not items are specifically mentioned. The auxiliary and attendant plant shall be in good condition and of sufficient size and capacity to efficiently serve the dredge. The dredge tenders and other attendant plant requiring internal combustion engines for propulsion or auxiliary power requirements, except outboard motors, shall not be equipped with a type of engine requiring gasoline or other highly volatile fuels for operations. No division in pay will be made for attendant plant. It will be considered as part of the dredging plant and shall be kept in operating condition at all times regardless of pay status of the dredge. 2.2.2 Anchor Barge One derrick barge with not less than 30-ft boom length for moving and shifting anchors. 2.2.3 Barge Mounted Crane One (1) barge mounted crane having a lifting capacity of at least 50 tons, with not less than 80-ft boom length.

2.2.4 Fuel Barge One (1) fuel barge capable of servicing the dredge for 7 days.

02482-3 710

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Document 10-19 Filed 04/25/2008 Page 32 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM W912EQ-08-B-0001

2.2.5 Landing Barge One (1) shallow draft barge with sufficient walkway and handrails shall be required for use as a landing barge. 2.2.6 Pipelines The work involved will require pipelines ranging from 600 ft to 15,000 ft in length. The following minimum pipeline equipment shall be furnished: 8,500 ft of pontoon discharge line of not less than 27 in ID (1,000 ft of the line shall be in lengths of not more than 50 ft), two (2) stiff pontoon elbows and two (2) swivels, equipped with winches or skidder barge with power winch and adequate fairleads or chocks; and 6,500 ft of shore pipe with two sets of valves including wye branches. The pontoon line shall be equipped with satisfactory pontoons, winches, and anchors to operate the pontoon line in 12 ft per second current. The contractor may be required to submerge short lengths of the pontoon line in harbors to allow for passage of small vessels. 2.2.7 Spill Barge One (1) shallow draft spill barge (2 ft. maximum draft) designed to discharge 75 ft. from waters edge, equipped with power winches to be available if needed. 2.2.8 Tenders Two (2) tenders for 24 hours operation per day of such size and design that either can adequately serve the dredge and attendant plant under any conditions to be encountered. The tenders shall be not less than 500 intermittent shaft horsepower and shall work in as little as 5 ft of water. In addition to the two tenders required above, one (1) additional tender of not less than 1,000 intermittent shaft horsepower is required for 24 Hr. operation. Each of the tenders shall be of steel construction, twin screw, with conventional shallow draft river workboat design and equipped with depth finder with transducer installed in hull. The minimum crew for each tender shall consist of one operator and one deckhand per shift. 2.2.9 Survey/Crew Boat One (1) workboat, similar or equal to a 21-ft SeaArk Marine Utility Series Little Giant Model, with front and rear door, shall be required for crew transport, layout work, sounding, general inspection, and quality control surveying. Workboat shall be equipped with the following: three outboard motors, not less than 100 horsepower each (one will be used as a spare); complete hydraulic steering system including wheel; cables, throttle controls, and electric starter for dual motors; and single-beam DGPS hydrographic surveying equipment.

2.2.10 Dozers Two (2) wide track bulldozers, one D-5 and one D-6 Caterpillar or equivalent, shall be furnished for work in and around upland disposal areas.

02482-4 711

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Document 10-19 Filed 04/25/2008 Page 33 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM W912EQ-08-B-0001

2.3 TECHNICAL EQUIPMENT 2.3.1 Production Recording Equipment The dredge shall be equipped with automated production recording equipment, to continually record slurry density, slurry velocity, pipeline pressure, pump vacuum, pump RPM, and engine RPM. Data must be recorded electronically. Data shall be furnished to the Government upon request, and at completion of the contract. 2.3.2 Differential Global Positioning System (DGPS) 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 Hypack Surveying Software and 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. The complete positioning system shall provide at a minimum the following features: (1) Complete real time display of the dredge in relation to the dredging cut, centerline ranges, and current 100-ft stationing shall be displayed on a VGA monitor located in the lever room of the dredge, so that the inspector can determine the current and previous location of the dredge as it advances. (2) Data logging and recording to diskette of positioning information during the dredging assignment, to be turned in to the Corps inspector at the end of each assignment. (3) Printouts of screen data for any time interval, reflecting the advance of the dredge and the arc of the swing within the channel, shall be available upon request. 2.3.3 Depth Sounding Devices The Contractor shall provide a depth-sounding device capable of obtaining continuous depthsounding measurements in the area of the forward hull of the dredge. The depth shall be displayed in the lever room of the dredge.

2.3.4 Hydrographic Survey Equipment The survey/crew boat shall be equipped with single-beam DGPS hydrographic survey equipment. Contractor must be able to print small-scale cross-sections but not full surveys (large scale plotter not required); printer may be located on survey boat or dredge.

2.3.5 Gyro Compass As a back-up for the DGPS system, the dredge shall be equipped with a gyro compass of such precision that dredging can be conducted using compass bearings if necessary. 02482-5 712

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 34 of 77 02482A.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM W912EQ-08-B-0001

PART 3 EXECUTION (Not Used)

-- End of Section --

02482-6 713

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 35 of 77 00800B.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM SECTION 00800B

NORTH WEST TENNESSEE HARBOR NEW CONSTRUCTION (YARDAGE) 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 SP.21 SP.22 SP.23 SP.24 SP.25 SP.26 SP.27 SP.28 SP.29 SP.30 Paragraph Title Scope of Work Delivery, Prosecution and Completion of Work Work for Others Physical Data Misplaced Material Signal Lights Plant (Dredge and Attendant Plant) Crew Inspection Office Accommodations Meals for Inspectors Layout of Work General Safety Requirements Equipment Ownership and Operating Expense Schedule Outboard Boats Fuel Consumption Reporting Requirements Performance Evaluation of the Contractor Basis for Settlement of Proposals Obstruction of Navigable Waterways Rights of Way Control of Operations Obstruction of Channel Cooperation with Others Seaworthiness Certification Project and Daily Production Reports Continuity of Work Quantity Surveys Payments ­ Designated Billing Office Contracting Officer Signature Working in the Vicinity of Structures And Utility Crossings

00800 - 1 714

Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 36 of 77 00800B.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM SECTION 00800B

NORTH WEST TENNESSEE HARBOR NEW CONSTRUCTION (YARDAGE) NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

SP.1 SCOPE OF WORK a. The work to be performed under the contract consists of furnishing all plant, materials, equipment, supplies, labor, per diem, and transportation, including fuel, power, water (except any materials, equipment, transportation, utility or service, if any specified herein to be furnished by the Government), and performing all work in strict accordance with the specifications and schedules. All work, materials, and services not expressly called for in these specifications which may be necessary for complete and proper operations to carry out the contract shall be performed, furnished, and installed by the Contractor at no increase in cost to the Government. b. The Contractor's dredge and attendant plant shall be used to perform the new construction dredging of North West Tennessee Harbor at LMR mile 899.0. c. The work shall consist of removing material from the proposed new channel as show on attached plans and satisfactorily disposing of the dredged material in disposal area A and/or disposal area B as directed by the Contracting Officer. 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. The materials to be dredged may consist of concrete, riprap, boulders, gravel, sand, silt, mud, or clay. Debris and obstructions may also be encountered in the course of dredging operations and could include trash, roots, logs, stumps, rope, chain, various sized metal objects, cable and other miscellaneous items. The dredge must be equipped with suitable pump impellers and cutters to efficiently handle these varying materials. d. The Contractor shall be responsible for detecting and reporting to the Government's Quality Assurance Representative (QAR) all materials or obstructions that might cause damage, or have the potential to cause damage to the dredge and attendant plant. The Government's QAR will evaluate the evidence of the obstruction(s) and based on this data may notify the Contracting Officer for additional instructions concerning the obstruction. The Government will not be responsible for damage to the Contractor's dredge or attendant plant due to its contact with materials or obstruction(s) that could cause such damage, or have the potential to cause such damage. e. The Contractor shall mobilize the dredge and attendant plant only once to Mckellar Lake ( Mile 725 AHP). Mileage item (0003, 0004 or 0008, 0009) of Lot One or Lot Two will be paid to move dredge and attendant plant to North West Tennessee Harbor. The Government will not pay a separate mobilization and demobilization cost to move the dredge and attendant plant 00800 - 2 715

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to North West Tennessee Harbor. The work at NWTH might not be continuous. The contractor could be sent to other harbors before NWTH is completed. f. The dredging operations contemplated are not all in or near cities. Camps or floating plant may be necessary for the housing or boarding of the labor employed by the Contractor. g. The 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. h. The Contractor will be directed to perform dredging assignments by issuance of verbal orders from the Contracting Officer's Representative.

SP.2 DELIVERY, PROSECUTION AND COMPLETION OF WORK a. If this contract is awarded, the Contract Officer's representative will give 5 calendar days of notice to when the new construction will begin. The contract work period is expected to run from August through October. b. After completing a maintenance harbor, the contractor shall deliver the dredge and attendant plant ready for operation in the vicinity of North West Tennessee Harbor (Mile 899 LMR). 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 yardage contract, the dredge and attendant plant will be placed back on the maintenance contract. SP.3 WORK FOR OTHERS a. 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.

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Case 1:08-cv-00282-SGB SP.4 PHYSICAL DATA

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Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. a. WEATHER CONDITIONS. Data on weather conditions may be obtained from the National Weather Service. b. CHANNEL TRAFFIC. Mississippi River traffic, in general, consists of ships, tow boats and barges, passenger vessels, and small boats. c. CHANNEL CONDITIONS. Data on current channel conditions may be obtained from the U.S. Coast Guard. d. STAGE HYDROGRAPHS. River stage hydrographs may be obtained from the Map Files Section of the Memphis District of the U.S. Army Corps of Engineers. SP.5 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.6 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.

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Case 1:08-cv-00282-SGB SP.7 PLANT

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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 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 by the contractor's before and after surveys and automated production reports. 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. However, the Contractor may substitute plant of similar capacity and power for any item of plant, or part there of ordered removed from the work upon approval from the Contracting Officer. After the receipt of the Contracting Officer's notice, the Contractor shall expeditiously correct such defects, replace incompetent crew, or increase the size of the crew to the satisfaction of the Contracting Officer. 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. 00800 - 5 718

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SP.8 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. 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. 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.9 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.

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Case 1:08-cv-00282-SGB SP.10

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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 yardage 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.11 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 yardage rate; no separate payment will be made. SP.12 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.13 GENERAL SAFETY REQUIREMENTS ALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH THE LATEST VERSION OF U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1 AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) STANDARDS, IN EFFECT ON THE DATE OF THE SOLICITATION. NO SEPARATE PAYMENT WILL BE MADE FOR COMPLIANCE WITH EM 385-1-1, NOR FOR COMPLIANCE WITH ANY OF THE OTHER SAFETY-RELATED SPECIAL REQUIREMENTS. a. Accident Investigations and Reporting. Refer to EM 385-1-1, Section 1. Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his representative immediately after the accident occurs. A report of all mishaps occurring on the project shall be submitted to the Contracting 00800 - 7 720

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Officer on ENG Form 3394 within 2 working days following the incident. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differ from actual lost time days. When a job related injury occurs which requires medical treatment, a supervisor of the injured employee shall accompany the injured employee to the treatment facility and explain the employees regular duties and the availability of "Light Duty" so the injured employee can return to work as soon as possible. b. Accident Prevention Program. Refer to the Contract Clause entitled "Accident Prevention (Alt.I)." Within 21 calendar days after receipt of Notice of Award of the contract, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval. The accident prevention program is to conform to Appendix A (Minimum Basic Outline for Accident Prevention Plan) of the U.S. Army, Corps of Engineers, Safety And Health Requirements Manual, EM 385-1-1. The program shall be prepared in the following format: (1) An executed LMV Form 358R, Accident Prevention Program - Administrative Plan (available upon request). (2) An executed LMV Form 359R, Activity Hazard Analysis (available upon request). (3) A copy of company policy statement regarding accident prevention. (4) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be submitted on LMV Form 414R, Fuel Oil Transfer (available upon request). (Refer to 33 CFR 156). The Contractor shall not commence physical work at the site until the program has been approved by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Activity Hazard Analysis for only the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also, refer to Section 1 of EM 385-1-1. c. Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite. The reports shall be records of the daily inspections and resulting actions. Each report will include, as a minimum, the following: (1) Phase(s) of construction underway during the 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 its contents. d. Machinery and Mechanized Equipment. All equipment shall be inspected prior to use on this contract. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site for use. Documentation of equipment inspections shall

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be made available to the Contracting Officer upon request. Tractors, in addition to trucks, shall be equipped with a first aid kit. Machinery and mechanized equipment used under this contract shall comply with the following:

(1) All equipment shall be properly guarded. (2) When mechanized equipment is operated on floating plant, the Contractor shall provide positive and acceptable means of preventing this equipment from moving or falling in to the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on- and off-road), backhoes, track hoes, and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water. Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impractical. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps for review and acceptance prior to start of this feature of work. (3) The stability of crawler, truck, and wheel-mounted cranes shall be assured. (i) The manufacturer's load-rating chart may be used to determine the maximum allowable working load for each particular crane's boom angle provided a test load, with a boom angle of 20 degrees, confirms the manufacturer's load-rating table. (ii) Stability tests are required if: (a) there is no manufacturer's load-rating chart securely fixed to the operator's cab; (b) there has been a change in the boom or other structural members; or (c) there has been a change in the counterweight. The test shall consist of lifting a load with the boom in the least stable undercarriage position and at an angle of 20 degrees above the horizontal. The test shall be conducted under close supervision on a firm, level surface. The load that tilts the machine shall be identified as the test load. The test load moment (in ft.-lbs.) shall then be calculated by multiplying the horizontal distance (in ft.) from the center of rotation of the machine to the test load, times test load (in lbs.). Three-fourths of this test-load moment shall then be used to compute the maximum allowable operating loads for the boom at 20, 40, 60, and 80 degrees above horizontal. From these maximum allowable operating loads, a curve shall be plotted and posted in the cab of the machine in sight of the operator. These values shall not be exceeded except in the performance test described below. The test load shall never exceed 110 percent of the manufacturer's maximum rated capacity. (iii) In lieu of the test and computations above, the crane may be load tested for stability at each of the four boom positions listed above. (4) Performance tests shall be performed in accordance with Section 16 of EM 385-1-1. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months. (5) Inspections shall be made which will ensure a safe and economical operation of both cranes and draglines. Specific inspections and their frequencies are listed on the appropriate checklists noted below. Results of inspections and tests for cranes shall be recorded on the Safety Inspection Check List,

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LMV Form 326R (available upon request) and inspection results for draglines shall be recorded on LMV Form 373R (available upon request). Copies of the inspections and tests shall be available at the jobsite for review. All stability and performance tests on cranes and all complete dragline inspections shall be witnessed by the Contracting Officer or his authorized representative. (6) A complete dragline inspection shall be made: (a) at least annually; (b) prior to the dragline being placed in operation; and (c) after the dragline has been out of service for more than six months. e. Crane Documentation and Equipment. (1) Crane Documentation. Every crane shall have the following documentation at the time of operation: (i) a copy of the operating manual developed by the manufacturer for the specific make and model of the crane; (ii) a copy of the operating manual for any crane operator aids with which the crane is equipped; (iii) the load rating chart for the crane which include: (a) the crane make and model, serial number, and year of manufacture, (b) load ratings for all crane operating configurations including optional equipment, (c) recommended reeving for the hoist line, and (d) operating limits in windy or cold weather conditions; (iv) the crane's log book which shall be used to record operating hours and all crane inspections, tests, maintenance and repair. (2) Crane Equipment. Every crane shall have the following equipment at the time of operation: (i) a boom angle indicator and a load indicating device, or a load moment indicator/rated capacity indicator (exempt are articulating boom cranes and those cranes used for duty cycle operations); (ii) a means for the crane operator visually to determine the levelness of the crane; (iii) drum rotation indicators to afford sensing by the operator (exempt articulating boom cranes); (iv) a boom angle or radius indicator located within the operator's view (exempt articulating boom cranes);

(v) anti-two block devices (exempt articulating boom cranes and those cranes used for duty cycle operations).

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f. First Aid/CPR Requirements. Two employees per shift/per site shall be certified in first aid and CPR. g. Safety Sign. The Contractor shall furnish, erect, and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing entitled "Safety Sign," included at the end of these Special Contract Requirements. The lettering shall be black, the castle red, and the background white. When placed on floating plant, the sign may be half size. Upon request, the Government will furnish a decal of the engineer castle. The sign shall be erected as soon as practicable, but not later than fifteen calendar days after the date established for commencement of work. The data required shall be current. h. Means of Escape for Personnel Quartered or Working on Floating Plant. Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where nine or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24" x 36") which leads to a different exit route. Refer to Section 19 of EM 385-1-1. i. Emergency Alarms and Signals. (1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck. (2) Signals. (i) Fire Alarm Signals. The general fire alarm signal shall be in accordance with paragraph 97.13-15b of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Subchapter I,Part 97,1 OCT 92 (CG 257). (ii) Abandon Ship Signals. The signal for abandon ship shall be in accordance with paragraph 97.13-15(c through e) of the reference cited in (a) above. (iii) Man-Overboard Signal. Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

SP.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE a. This clause does not apply to terminations. See Basis for Settlement of Proposals of this section, and FAR Part 49.

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b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-18, Construction Equipment Ownership and Operating Expense Schedule, Region III or V. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply. c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, leasepurchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees. d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. NOTE: A copy of the manual can be obtained from the Government Printing Office (GPO) by calling telephone number (202) 512-1800. Collect calls will not be accepted. SP.15 OUTBOARD BOATS 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.16 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.

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SP.17 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.18 BASIS FOR SETTLEMENT OF PROPOSALS Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs: a. Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs. b. If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs. c. Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses. d. Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11). e. License, taxes, storage, and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate. EFARS 52.249-5000 SP.19 OBSTRUCTION OF NAVIGABLE WATERWAYS a. The Contractor shall: (1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

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(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and (3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed. b. The Contracting Officer may: (1) Remove the obstruction(s) by contract or otherwise should the Contractor refuse, neglect, or delay compliance with Paragraph (a) of this Clause; and (2) Deduct the cost of removal from any monies due or to become due the Contractor, or (3) Recover the cost of removal under the Contractor's bond. c. The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to 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.20 RIGHTS OF WAYS a. The dredging assignments identified in these specifications are all within the navigable waters of the United States, and no additional right-of-way areas are required to perform the work. b. The Contractor shall procure, at no cost to the Government, all additional lands, access roads, or rights-of-way desired for its convenience in the performance of the work. Any agreements or permits with levee boards, parishes, counties, or political subdivisions for moving material and equipment will also be the responsibility of the Contractor. Any delays to the Contractor resulting from procuring such additional lands, access roads, rights-of-way, or permits for moving material and equipment for the Contractor's own use will not be made the basis of any claim for increase in the contract cost. The Contractor shall determine the conditions, restrictions, and difficulties that may be encountered in the transportation of material and equipment to the work site. SP.21 CONTROL OF OPERATIONS The Contracting Officer will assign the location and scheduling of work to be performed under this contract. A Quality Assurance Representative will be present at all times during operations. The Contractor is responsible for the management and control of the dredge and attendant plant and supervision of all Contractor personnel.

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Case 1:08-cv-00282-SGB

Document 10-19 Filed 04/25/2008 Page 49 of 77 00800B.doc attachment to email from Channell dated Apr 02 08 1:21:20 PM

SP.22 OBSTRUCTION OF CHANNEL The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations as may be prescribed by the Secretary of the Army, in accordance with the provision of Section 7 of the River and Harbor Act of 8 August 1917. The Contractor will be required to conduct the w