H.01.04_PHASE 1_Wetland Construction Specs_final 07.06.2020.pdf

US Army Corps of Engineers Norfolk District Norfolk, Virginia 23510

SPECIFICATIONS

FOR

LYNNHAVEN RIVER BASIN ECOSYSTEM

RESTORATION

PHASE 1

WETLAND CONSTRUCTION

VIRGINIA BEACH, VIRGINIA

MARCH 2020

100% SUBMITTAL

LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT WETLANDPHASE1

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 01 15 LIST OF DRAWINGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 22 00 MEASUREMENT AND PAYMENT

01 31 19 PROJECT MEETINGS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 CONTRACTOR QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORMWATER POLLUTION CONTROL

01 57 30 ENVIRONMENTAL PERMIT WORK REQUIREMENTS

01 78 00 CONSTRUCTION DRAWINGS OF RECORD

DI VI SI ON 31 - EARTHWORK

31 00 00 EARTHWORK FOR WETLAND CONSTRUCTION

31 11 00 CLEARING AND GRUBBING

31 25 00 EROSION AND SEDIMENT CONTROL

31 31 16.01 PHRAGMITES AUSTRALIS HERBICIDAL TREATMENT

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 92 26 PLANTING PROTOCOL

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

DIVISION 00 – PROCUREMENTS AND

CONTRACT REQUIREMENTS

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 15

LIST OF DRAWINGS

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

PART 2 PRODUCTS (THIS DIVISION NOT USED)

PART 3 EXECUTION (THIS DIVISION NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

SECTION 00 01 15

LIST OF DRAWINGS

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings, Maps and Specifications."

1.2 CONTRACT DRAWINGS

The Contract Drawings Title is "Lynnhaven River Ecosystem Restoration Project Phase 1: Wetland Restoration".

Contract drawings are as follows:

DRAWING TITLE

SHEET NUMBER

1 COVER SHEET

2 LOCATION MAP

3 GENERAL NOTES

4 EXISTING CONDITIONS

5 TRAFFIC MAINTENANCE, CONTROL & LIGHTING

6 PHRAGMITIES TREATMENT AREA AND GRADING LIMITS

7 GRADING PLAN

8 PLANTING PLAN

9 CROSS-SECTIONS

10 CROSS-SECTIONS (CONT'D)

11 TYPICAL GRADING PROFILES

12 EROSION AND SEDIMENT CONTROL GRADING PLAN

13 EROSION CONTROL NOTES & DETAILS

14 EROSION CONTROL NOTES & DETAILS (CONT'D)

15 EROSION CONTROL NOTES & DETAILS (CONT'D)

16 EROSION CONTROL NOTES & DETAILS (CONT'D)

PART 2 PRODUCTS (THIS DIVISION NOT USED)

PART 3 EXECUTION (THIS DIVISION NOT USED)

-- End of Document --

DOCUMENT 00 01 15 Page 2

DIVISION 01 – GENERAL REQUIREMENTS

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 WORK COVERED BY CONTRACT DOCUMENTS

1.1.1 Project Description

1.1.2 Location

1.2 EXISTING WORK

1.3 LOCATION OF UNDERGROUND UTILITIES

1.3.1 Notification Prior to Excavation

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 11 00 Page 1

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 WORK COVERED BY CONTRACT DOCUMENTS

1.1.1 Project Description

This project consists of the restoration and enhancement of a tidal wetland in the Lynnhaven River Basin. The work to be performed under this contract includes providing all labor, equipment, tools, and material necessary for:

a. Treatment of the Phragmites australis in the project area with herbicide; Removal of treated Phragmites australis to an offsite disposal facility.

b. Clear, grade, and excavate for habitat restoration;

c. Excavate the vegetation and soils in the Zone 1 to Mean Lower Low Water. Would also add fill to grade as described in the construction drawings with material composed of a minimum of 90% sand.

d. Removal of excavated material off-site; Excavated material shall not be re-used.

e. Procure and temporarily store plants until they can be planted;

f. Plant tidal vegetation/plants at grades shown on project plans;

g. Haul and dispose of cleared, grubbed, excavated and excess stockpile material, and incidental related work;

1.1.2 Location

The work is located in the City of Virginia Beach, Virginia, in the Lynnhaven River Basin, as indicated on the project construction plans. The exact location will also be shown by the Contracting Officer.

1.2 EXISTING WORK

In addition to "FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements":

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

c. Any disturbed areas, outside of the project area, on slopes, banks, SECTION 01 11 00 Page 2 and uplands will be planted and seeded immediately for stabilization, and will adhere to the Virginia Erosion and Sediment Control regulations.Refer to the project drawings and Section 31 25 00 for more information regarding seeding and planting.

d. Restore disturbed areas, outside of the project area, back to grade and plant with native vegetation. All native seed mixture shall meet all Virginia Department of Environmental Quality (VDEQ) requirements.

Refer to the project drawings and Section 31 25 00 for more information regarding seeding.

1.3 LOCATION OF UNDERGROUND UTILITIES

Obtain digging permits prior to start of excavation, and comply with requirements for locating and marking underground utilities. Contact local utility locating service a minimum of 48 hours prior to excavating, to mark utilities, and within sufficient time required if work occurs on a Monday or after a Holiday. Verify existing utility locations indicated on contract drawings, within area of work.

Identify and mark all other utilities not managed and located by the local utility companies. Scan the construction sites with Ground Penetrating Radar (GPR), electromagnetic, or sonic equipment, and mark the surface of the ground, pier deck or paved surface where existing underground utilities or utilities encased in pier structures are discovered. Verify the elevations of existing piping, utilities,and any type of underground or encased obstruction not indicated, or specified to be removed, that is indicated or discovered during scanning, in locations to be traversed by piping, ducts, and other work to be conducted or installed. Verify elevations before installing new work closer than nearest manhole or other structure at which an adjustment in grade can be made.

1.3.1 Notification Prior to Excavation

Notify the Contracting Officer at least 48 hours prior to starting excavation work.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

SECTION 01 11 00 Page 3

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 14 00

WORK RESTRICTIONS

12/16

PART 1 GENERAL

1.1 References

1.2 SUBMITTALS

1.3 SPECIAL WORK REQUIREMENTS

1.3.1 Coordination

1.3.2 Site Access

1.3.3 Thalia Transfer Facility Information

1.3.4 Security and Public Safety of Work Areas

1.3.5 Noise Control and Abatement

1.3.6 Coordination with Other Contractors

1.3.7 Use of Turbidity Curtain(s)

1.4 PHYSICAL DATA

1.4.1 Physical Conditions Information

1.4.2 Site Related Weather Conditions

1.4.3 Time Extensions For Unusually Severe Weather

1.4.3.1 Schedule

1.4.4 Protection and Maintenance of Traffic

1.4.5 Channel Traffic

1.4.6 Responsibility

1.5 LAYOUT OF WORK AND SURVEYS

1.5.1 General

1.5.2 Qualifications of Surveyor

1.5.3 Electronic Survey and Positioning Systems

1.5.4 Pre-Construction Survey and Post-Construction Survey

1.5.5 Post Grading/Pre-Planting Survey

1.5.6 Datum and Bench Marks

1.5.6.1 Responsibility for Tide Measurements

1.5.7 Use of Coast Guard Navigation Aid Structures

1.6 INSPECTION

1.6.1 General Inspection Requirements

1.7 PLANT

1.7.1 Equipment Operators

1.7.2 PUMPING OF BILGES

1.7.3 FUEL OIL TRANSFER OPERATIONS

1.8 SIGNAL LIGHTS

1.9 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

1.9.1 Radio

1.10 CONTRACTOR'S NOTIFICATIONS

1.10.1 Miss Utility (va 811.com) Notification

1.11 NOTIFICATION OF COAST GUARD

1.11.1 Local Notice To Mariners

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12.1 Costs

1.12.2 Rentals

1.12.3 Data

SECTION 01 14 00 Page 1

1.13 PROJECT SEQUENCE OF WORK

1.14 ENVIRONMENTAL LITIGATION

1.14.1 Litigation

1.15 HISTORICAL AND ARCHAEOLOGICAL FINDS

1.16 PROFIT

1.16.1 Weighted Guidelines

1.16.2 Values

1.16.2.1 Degree of Risk

1.16.2.2 Relative Difficulty of Work

1.16.2.3 Size of Job

1.16.2.4 Periods of Performance

1.16.2.5 Contractor's Investment

1.16.2.6 Assistance by Government

1.16.2.7 Subcontracting

1.17 PARTNERING

1.18 SUBCONTRACTS AND WORK COORDINATION

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

SECTION 01 14 00 Page 2

SECTION 01 14 00

WORK RESTRICTIONS

12/16

PART 1 GENERAL

1.1 References

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

CODE OF FEDERAL REGULATIONS (CFR)

33 USC CHAPTER 24 VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1003 (2013) Hydrographic Surveying Manual

EM 1110-1-1005 (2007) Topographic Survey Manual

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

CFR PART 156.120 OIL AND HAZARDOUS MATERIAL TRANSFER

OPERATIONS - Requirements for Transfer

1.2 SUBMITTALS

The Contractor shall make submittals for the following listed reports and certificates as required by the specifications. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) representative and each item shall be stamped, signed, and dated by the CQC representative indicating action taken in accordance with SECTION 01 45 00. Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section

01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Qualifications of Surveyor; G

Provide qualifications of the licensed surveyor(s) for topographic and hydrographic/bathymetric surveying prior to commencing any survey work.

Pre-Construction Survey; G

SECTION 01 14 00 Page 3

Notify U.S. Army Corps of Engineers, Norfolk District

Traffic Control Plan; G

SD-05 Design Data

Post Grading/Pre-Planting Survey; G

SD-07 Certificates

Equipment and Machinery Operator Authorization

SD-11 Closeout Submittals

Post-Construction Survey; G

1.3 SPECIAL WORK REQUIREMENTS

The work is to be performed in the vicinity of the Lynnhaven River Basin in Virginia Beach, Virginia. The contractor shall Notify U.S. Army Corps of Engineers, Norfolk District 5 days before the commencement of work.

Prior to commencing initial site visits, spraying, and any land disturbing activities, the Contractor shall coordinate with Virginia Beach City Public Schools office of facilities services at least 48 hours in advance at 757.263.1090..

Work done by the Contractor must remain within the confines of the project easements. The contractor must ensure adequate safety of site conditions for the adjacent school site, including the school population, staff and students.

The Contractor is advised that any deviations from the construction methods and procedures indicated and as specified herein that are not prior-approved in writing by the Contracting Officer shall be cause for the Contracting Officer issuing a stop work order. Any stop work orders issued for such cause will not be subject to time extensions or cost recovery by the Contractor. Any non-compliance with or violation of the laws or regulations governing the work operations for the project may result in criminal and civil penalties against the Contractor.

If the contractor does not complete all work prior to the time restriction stated in this contract, the government will not pay for remobilization cost.

1.3.1 Coordination

The contractor is required to coordinate with the COR and Government Biologist throughout all milestones at both project locations.

Prior to commencing initial site visits, spraying, and any land disturbance activities, the Contractor shall coordinate with Virginia Beach City Public Schools Office of Facilities Services at least 48 hours in advance at 757.263.1090.

If the Contractor elects to utilize the Thalia Transfer Station, project coordination is to include a 30 day notice prior to commencement usage as coordination will be needed between Parks & Recreation, Public Works, and Private Users

SECTION 01 14 00 Page 4

The Contractor shall coordinate hauling activites and the use of large construction equipment entering & leaving the site to occur outside of school operating days & hours. For the 2019-2020 school year, available dates for work are:

THANKSGIVING BREAK - NOV. 28-DEC. 1, 2019;

WINTER BREAK - DEC. 21, 2019-JAN. 1, 2020;

SPRING BREAK- APRIL 11-19, 2020;

AND SUMMER BREAK JUNE 16, 2020-AUG. 16, 2020.

Weekends may also be available for work by coordinating with the office of facilities services at least 48 hours in advance at 757.263.1090.

Similar Restrictions restrictions will be enacted during the 2020-2021 school year and all subsequent school years. The Contractor shall coordinate updated school schedule dates with the COR prior to any work being performed at the site

1.3.2 Site Access

The Contractor is limited to using entrances, stockpiling/storage areas, and access roads defined within the parameters of the project. When a final clean up is in progress all entrances, haul roads,stockpiling/storage areas, and access roads along Cavalier Stadium Drive and parking lot areas are to be restored to preconstruction conditions or if damage while in use for the project, reconstructed milled & paved using the City of Virginia Beach Public Works specifications and standards, satisfactorily meeting the standards for both the Department of Public Works and the property owner, Virginia Beach City Public Scbools.

The Contractor is responsible for documenting preconstruction conditions, through the use of pictures and/or video & supplying them to the contracting representative & owner prior to commencing any construction activities."

If the Contractor accesses the site by Thaila Creek by barge from the water, the Contractor shall ensure that all barges/vessels shall be lighted according to USCG standards. The Contractor shall not block the navigation channel at anytime.

All construction entrances and accesses shall be shown on the construction drawings.

1.3.3 Thalia Transfer Facility Information

A joint inspection of Thalia Dredged Material Transfer Facility will be conducted by the Contractor and the COR and the City of Virginia Beach prior to commencing operations and upon completion of operations to ascertain any damages or deficiencies. Inspection shall document the condition of existing landscaping, shoreline, adjacent navigation channel, storm drain outfalls, and other site amenities (pavement, sidewalks, curb and gutter, etc.). The Contractor shall repair any damage attributed to the Contractor's operation in a timely manner.

Hauling trucks shall depart Thalia Access Road site on average, no more than one every 15 minutes. A maximum of three (3) hauling trucks will be allowed on Thalia Access Road. The Contractor shall coordinate with the City of Virginia Beach for approved haul route to and from the transfer facility. The Contractor shall provide a stop sign for traffic exiting the construction site onto Thalia Road.

SECTION 01 14 00 Page 5

The Contractor shall provide flaggers to control traffic in the vicinity of the narrow drive adjacent to the fire station, the vicinity of Cavalier Stadium Drive, and entering or exiting the construction site via Thalia Drive. Flaggers shall protect pedestrian traffic at the access to Thalia Road and alert construction traffic to the presence of pedestrians.

Flaggers shall stop traffic on Thalia Road as properly authorized by the OWNER in conjunction with an approved Traffic Control Plan.

The design load is 200 pounds per square foot for the pier at Thalia Transfer Station. See design loads and protection of facility at the end of this section.

Stockpiling of materials at the Thailia Transfer Station will not be permitted. The Contractor may have no more than two loaded barges moored at the transfer site pier at the same time.

The Contractor shall not use Thalia Road during the arrival and dismissal times of Thalia Elementary School, typically 7:35 am to 8:05 am (morning arrival); 11 :00 am to 11 :30am (morning kindergarten dismissal and afternoon kindergarten arrival) and 2: 15 pm to 2:45 pm (afternoon dismissal) days when school is in session. The school schedule occasionally changes. The Contractor shall accommodate such changes as may occur. Virginia Beach City Public Schools' calendar & adjusted dismissal information is available at: http://www.vbschools.com , or by coordinating with the Office of Facilities Services, 757.263.1090.

1.3.4 Security and Public Safety of Work Areas

The work areas are accessible in a limited manner to the general boating public; however, the Contractor is informed that the Government will not undertake to exclude the public or restrict public access to the work areas during the work. The Contractor shall be solely responsible for protection of the public at all times for the duration of the contract and fully comply with the provisions of OSHA safe working practices and the Safety and Accident Prevention requirements of these specifications.

1.3.5 Noise Control and Abatement

The Contractor shall employ the use of properly installed and maintained mufflers, silencers, and manufacturer's recommended sound suppressors on all plant, machinery, and equipment used on this work. The use of sound signals such as whistles, horns, or bells shall not be used if two-way radio communication can accomplish the required function.

The Contractor shall ensure they follow all local laws. From 10 pm to 7 am noise generated cannot exceed 55 decibels inside the closest residence on the nearest wall 4 feet from the wall with windows and doors shut.

From 7 am to 10 pm noise generated cannot exceed 65 decibels inside the closest residence on the nearest wall 4 feet from the wall with windows and doors shut.

1.3.6 Coordination with Other Contractors

During the period of this contract, other contracts may be in force for the construction of other features of work on or adjacent to the site of work being accomplished under this contract. The Contractor shall arrange

SECTION 01 14 00 Page 6 his plant, and shall schedule and perform this work, so as to effectively cooperate with all other contractors and Government agencies. It shall be the responsibility of the Contractor on this contract to be fully informed of the extent of the limits of work to be performed by other contractors.

Should there be any conflict between these limits, the Contractor shall immediately notify the Contracting Officer of the conflict, and the Contracting Officer's decision shall be final.

1.3.7 Use of Turbidity Curtain(s)

Type II (VDOT SPEC) turbidity curtains shall be properly secured at all times during the placement of fill and all other soil disturbing activities at the wetland construction site. See Turbidity Curtain Specifications attached at the end of this section. The turbidity curtains can not be removed without approval from the COR. The Contractor must notify the COR in writing 48 hours prior to removal of the turbidity curtains.

1.4 PHYSICAL DATA

1.4.1 Physical Conditions Information

The physical conditions indicated on the drawings and specified herein are the result of site investigations and surveys. The contractor should be aware that soil borings were not taken at the site; however, hand auger samples were taken to confirm the subsurface conditions. Information and data furnished to the Contractor or referred to below is furnished for the Contractor's information; however, it shall be expressly understood that the Government will not be responsible for any interpretation or conclusion drawn from this information or data by the Contractor.

1.4.2 Site Related Weather Conditions

The Contractor shall anticipate that severe weather conditions may occasionally interfere with the progress of work. Complete weather forecasts, records and reports may be obtained from the National Weather Service in Wakefield, Virginia, telephone (757) 899-4200, Menu selection service or operator assisted as applicable. The Contractor shall satisfy himself as to the hazards likely to arise from the weather conditions during the construction period. Allowance for claims of weather delays are solely based upon the Government Contracting Officer's discretion.

Basis for allowing any delay for weather related delay time shall be based upon FAR clauses 52.236-3, 52.236-4, and 52.249-10.

1.4.3 Time Extensions For Unusually Severe Weather

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled "Default: (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

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

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

SECTION 01 14 00 Page 7

1.4.3.1 Schedule

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON (5) DAY WORK WEEK

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

10 9 8 6 7 7 9 6 5 5 6 9

1.4.4 Protection and Maintenance of Traffic

During construction, the Contractor shall maintain vehicular traffic and protect the public. Measures for the protection and diversion of traffic, including the provision of watchmen and flagmen (enough ensure safe movement of traffic to and from the school access points), erection of barricades, placing of lights around and in front of equipment and the work, and the erection and maintenance of adequate warning, danger, and direction signs, shall be in accordance with the laws and regulations governing the respective activity. In the event of a conflict between laws and jurisdictions governing the work, the most stringent shall prevail. The Contractor's traffic on roads selected for hauling material to and from the site shall interfere as little as possible with public vehicular and pedestrian traffic.

1.4.5 Channel Traffic

The Contractor shall expect that the traffic will cause periodic delays and interruptions of his operations.

1.4.6 Responsibility

The Contractor shall hold and save harmless the United States, it's officers, and employees from all claims that may arise as a result of the Contractor's negligence in connection with the work performed under the contract, from noncompliance by the Contractor with the provisions of the contract drawings and specifications, or from the instruction of the Contracting Officer.

By signing box 20B of the Form 1442 (i.e., its bid), the bidder expressly acknowledges the insurance requirement provisions defined in the solicitation. The bidder further agrees to hold harmless the U.S.

Government for any liability arising from, during, or in connection with the performance of the contract, either to reefs or to the contractor's plant and equipment, if it is awarded the contract.

SECTION 01 14 00 Page 8

1.5 LAYOUT OF WORK AND SURVEYS

1.5.1 General

The Contractor shall be responsible for the layout of all work and have all physical markings placed in the field by a licensed Professional Engineer or Surveyor currently licensed in the Commonwealth of Virginia to delineate the construction areas. The licensed Professional Engineer or Surveyor shall have coastal topographic and hydrographic surveying experience. The markings shall be clearly seen and placed in the immediate work areas only and shall be removed once the area has been accepted. The COR reserves the right to request additional markings as necessary throughout project construction at no extra cost to the Owener.

The contractor shall establish and maintain at his own expense, all markings of the wetland construction areas.

Contractor shall remove all markings upon completion and acceptance of the work unless directed otherwise by the Government. The contract completion time will not be extended due to failure of the Contractor to adequately establish and maintain his markings of the work areas.

1.5.2 Qualifications of Surveyor

All surveys shall be performed by an independent survey company. All topographic and hydrographic surveys shall be performed under the direction and supervision of a Professional Licensed Surveyor with a minimum of 5 years or experience. Surveyors shall be Virginia licensed surveyors.

1.5.3 Electronic Survey and Positioning Systems

All plant/equipment utilized for transportation and placement at the respective construction area shall be equipped with electronic hardware and software capable of providing real time horizontal positioning of USCG DGPS NAV BEACON (+ -1 to 3 meters)quality or better, on a computer display real time during transport and material placement operations. Software package such as HYPACK or equivalent are capable of accomplishing these requirements. The system should have the capability displaying a shape file of the surround oyster leases, private leases, and or any structure that the equipment needs to avoid. It should be able to capture the accurate tracking of the equipment and playback in 60 second intervals.

The tracking positions must be recorded on a disk every 15 minutes and submitted to the contracting officer on a weekly basis. All electronic survey and plant positioning equipment, and the work accomplished with the use of the system must render the results in the same datum coordinate system as indicated on the drawing.

All work accomplished with the use of the systems shall be reviewed and certified as accurate by the Contracting Quality Control manager. This signed certification shall be submitted as part of the Daily report of Operations in accordance with the requirements of SECTION 01 45 00 to assure that all work being performed with the use of the equipment and system meets or exceeds the contract requirement.

1.5.4 Pre-Construction Survey and Post-Construction Survey

The Contractor shall conduct a Pre-Construction and Post-Construction Survey, with accuracies equal to contract payment surveys as specified in

SECTION 01 14 00 Page 9 the Project Classification Requirements as outlined in U.S. Army Corps of Engineers Hydrographic Survey Manual EM 1110-2-1003 and Topographic Survey Manual EM 1110-1-1005 .

Furnish digital copies of field notes, computations, raw and edited survey data (in HYPACK and ASCII x, y, z format) and associated metadata files for all surveys conducted. All original field notes, computations, and all other records shall be stamped and signed by the independent professional engineer or surveyor as specified and furnished promptly to the Contracting Officer.

The Contractor shall furnish the Contracting Officer plan view maps and cross-sectional profile maps and data of the construction area(s) and a maximum 50-feet interval at the construction area(s) in a manner to depict the physical boundaries and contours of the sites.The contractor shall ensure the hydrographic survey lines that shall extend to cover the adjacent Thalia Creek Channel to the same extent as the cross sections lines shown in the drawings. Cross-sectional profiles will depict pre and post survey tracks on each profile. All survey data and mapping shall be compiled and certified by the independent professional engineer or surveyor as specified and submitted as a completed Survey. The horizontal plane of reference for the surveys shall be the Virginia State Plane Coordinate System (South Zone), in U.S. Survey Feet, North American Datum of 1983 (NAD 83). This submittal shall be applicable to all submittals listed as Pre-Construction Survey and Post-Construction Survey.

Post-Construction Surveys shall be displayed on As-Built drawings. Refer to Section 01 78 00.

1.5.5 Post Grading/Pre-Planting Survey

The Contractor shall conduct a pre-planting survey after grading to confirm that target elevations are met for planting. The pre-planting survey shall consist of maximum 50-ft interval cross-sectional profiles and survey spot checks throughout the graded wetland area. All cross-sectional and spot check point elevations must meet the appropriate elevation requirements as specified on the contract drawings and in these specifications. The Contracting Officer shall direct the locations of the survey spot checks. The Contractor shall re-grade all areas which do not meet the contract specified elevations at no cost to the Government. The Post Grading/Pre Planting Survey may also include hydrographic survey lines of the adjacent Thalia Creek Channel if deemed necessary by the COR.

The Contractor shall conduct the Post Grading/Pre-Planting Survey, with accuracies equal to contract payment surveys as specified in the Project Classification Requirements as outlined in U.S. Army Corps of Engineers Hydrographic Survey Manual EM 1110-2-1003 and Topographic Survey Manual

EM 1110-1-1005 .

Furnish digital copies of field notes, computations, raw and edited survey data (in HYPACK and ASCII x, y, z format) and associated metadata files for all surveys conducted. All original field notes, computations, and all other records shall be stamped and signed by the independent professional engineer or surveyor as specified and furnished promptly to the Contracting Officer.

The Contractor shall furnish the Contracting Officer plan view maps and cross-sectional profile maps and data of the construction area(s) and a maximum 50-feet interval at the construction area(s) in a manner to depict

SECTION 01 14 00 Page 10 the physical boundaries and contours of the sites. Cross-sectional profiles will depict pre and post survey tracks on each profile.

All survey data and mapping shall be compiled and certified by the independent professional engineer or surveyor as specified and submitted as a completed Survey. The horizontal plane of reference for the surveys shall be the Virginia State Plane Coordinate System (South Zone), in U.S.

Survey Feet, North American Datum of 1983 (NAD 83).

1.5.6 Datum and Bench Marks

The plane of reference shall be NAVD 88, National Tidal Datum Epoch (NTDE) of 1983-2001, as established by National Ocean Service (NOS), and identified on the drawings and referenced in these specifications. At the construction site, tidal values will be determined using tidal zoning values developed by NOS. Diagrams of Datums are also shown on the contract drawings.

1.5.6.1 Responsibility for Tide Measurements

It shall be the responsibility of the Contractor to obtain tide level measurements and predictions as required to conduct his work operations for the duration of the work.

1.5.7 Use of Coast Guard Navigation Aid Structures

The Commander, Fifth Coast Guard District, has authorized the Norfolk District, Corps of Engineers, and its Contractors to use fixed Federal aids to navigation structures, established and maintained by the U. S.

Coast Guard, for support of temporary tide gauges when performing Federal operations. If a Contractor chooses to use navigation aid structures for this purpose, he shall abide by the following requirements:

a. The Contractor shall advise the Commander, Fifth Coast Guard District, Aids to Navigation Branch, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704, in writing, of his intention to attach tide gauges to navigation aid and structures, prior to commencing a project. This notice shall include the name of each aid to navigation to which tide gauges are to be attached, and the anticipated dates the gauges will be attached and removed. A copy of this notice shall be furnished at this time to the Contracting Officer.

b. The Contractor shall be required to remove any temporary tide gauges immediately upon completion of operations and demobilization.

The Contractor shall at his expense repair or replace any aids that he has damaged or destroyed as a result of the Contractor's use of such aids.

c. This provision refers only to Federal aids to navigation structures and does not authorize the Contractor to utilize aids that are not established and maintained by the U. S. Coast Guard. This provision also does not authorize the Contractor to utilize Federal navigation aid structures for any purposes other than the support of temporary tide gauges.

SECTION 01 14 00 Page 11

1.6 INSPECTION

1.6.1 General Inspection Requirements

The presence of the construction representative shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

a. To furnish, on the request of the Contracting Officer or any construction representative, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the construction plant as may be reasonably necessary in inspecting and supervising the work areas.

b. To furnish, on the request of the Contracting Officer or any construction representative, suitable transportation to and from the various pieces of plant and the staging areas, and within the work area as may be reasonably necessary in inspecting and supervising the work. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and any resultant cost incurred by the government will be deducted from any amounts due or to become due the Contractor.

1.7 PLANT

All equipment and machinery and all supporting plant utilized to accomplish the work, shall be subject to inspection and approval by the Government. All plant employed on the work must be kept in good condition at all times.

Where feasible, equipment modifications will be used on the wetland sites to reduce potential impacts to soils such as rubberized tracks, use of low ground pressure equipment, and use of lightweight equipment. Heavy equipment located in temporararily impated wetland areas, will be placed on mats, or other suitable measures to minimize soil disturbance to the maximum extent practicable.

1.7.1 Equipment Operators

The Contractor shall submit an Equipment and Machinery Operator Authorization list of designated personnel qualified and authorized to operate machinery and equipment prior to starting work. The list shall be maintained at the job site in a current status at all times.

1.7.2 PUMPING OF BILGES

Contractors are warned that pumping oil or bilge water containing oil into navigable waters, or into areas which would permit the oil to flow into such waters, is prohibited by Section 13 of the River and Harbor Act of 1899, approved 3 March 1899 (30 Stat. 1152; 33 U.S.C. 407). Violation of this prohibition is subject to the penalties under the referenced Acts.

1.7.3 FUEL OIL TRANSFER OPERATIONS

In accordance with U.S. Coast Guard regulations CFR PART 156.120 , couplings used in fuel oil transfer operations on any vessel with a capacity of 250 or more barrels of oil shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an

SECTION 01 14 00 Page 12 automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker operator shall be submitted to the Contracting Officer for each refueling operation.

1.8 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 to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65-feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army and the Commandant, U. S. Coast Guard.

1.9 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

In order that radio communication may be made with passing vessels, all plants engaged in work under this contract shall be equipped with bridge-to-bridge radio telephone equipment in accordance with 33 USC CHAPTER 24 , as applicable. The radio telephone equipment shall operate on a single channel very high frequency (VHF), FM, on a frequency of 156.65 megahertz with low power output having a communication range of approximately ten miles. The Federal Communications Commission has approved the frequency.

1.9.1 Radio

The Contractor shall provide the Government construction representative a portable radio capable of communicating with the plant for the duration of work under this contract. The Contractor shall maintain the radio as required.

1.10 CONTRACTOR'S NOTIFICATIONS

A copy of all Notifications furnished shall at the same time be provided to the Contracting Officer. The Contractor shall include the Virginia Water Protection (VWP) Permit Number on all Notifications sent to an agency.

1.10.1 Miss Utility (va 811.com) Notification

The Contractor shall coordinate with Miss Utility and the Virginia Beach City Public Schools Office of facilities services at least 48 hours in advance in order to mark any underground infrastructure in the area of work. The Contractor shall comply with all requirements of the Virginia Underground Utility Damage Prevention Act § 56-265.14 (the Miss Utility law). The Contractor must call the Miss Utility Notification Center at 811 OR 1-800-552-7001 before commencing any excavation work.

The Contractor shall provide to the government, in writing, all Ticket numbers, Miss Utility system responses and other information upon completion of the Contractor's notification process to Miss Utility prior to the start of work. Requirements of the law, procedures to followed by the Contractor and other pertinent information for the Contractor's use can be found at http://www.missutilityofvirginia.com (or

SECTION 01 14 00 Page 13 http://va811.com/lawspolicies/). Each "person" as defined in the Underground Utility Damage Prevention Act must provide their own notice of excavation. Subcontractors may not work under another company's ticket unless they are under the direct supervision of the company that provided the notice of excavation.

The Contractor shall allow a minimum of 48 hours after notifying the Miss Utility notification center and begin excavation only after checking the Positive Response System, and confirm through the Ticket Information Exchange (TIE) System, that all applicable utilities have either marked their underground line locations or reported that no lines are present in the work vicinity. The Contractor shall wait an additional 24 hours before commencing excavation work if any utility operators have failed to respond to the Ticket Information Exchange within the first 48 hours.

1.11 NOTIFICATION OF COAST GUARD

Prior to commencement of work on this contract, the Contractor shall notify the Commander, Fifth Coast Guard District of his intended operations and request that it be published in the Local Notice to Mariners. This notification must be given in sufficient time so that it appears in the Notice to Mariners at least 21 workdays prior to the commencement of this contract.

1.11.1 Local Notice To Mariners

The Local Notice To Mariners (LNM) for the Fifth Coast Guard District is available by phone at (757) 398-6367. Additionally, LNM are on the Internet at:

http://www.navcen.uscg.gov/?pageName=lnmDistrict®ion=5 and e-mail address:D5Local@LANTD5.uscg.mil

The LNM is the primary means for disseminating information concerning aids to navigation, hazards to navigation, and other items of marine information of interest to mariners on the waters of the United States, its territories, and possessions. These notices are essential to all navigators for the purpose of keeping their charts, light lists, Coast Pilots and other nautical publications up-to-date. These notices are published weekly. They may be obtained free of charge, by making application to the Fifth Coast Guard District, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704.

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12.1 Costs

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 when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule", Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the

SECTION 01 14 00 Page 14

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 retrospective pricing, the schedule in effect at the time the work was performed shall apply.

1.12.2 Rentals

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable.

1.12.3 Data

When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on the Standard Form 1411, "Contract Pricing Proposal Cover Sheet". By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

1.13 PROJECT SEQUENCE OF WORK

The contractor shall perform work in the following sequence and time frame:

Note that the dates the table are based on a 2020 project award. A similar schedule shall be expected in subsequent years if the project award is delayed. The school schedule hauling restrictions are based on the 2019-2020 school year. It is expected that the 2020-2021 school year restrictions shall be similar. The Contractor shall coordinate updated school schedule dates with the COR prior to any work being performed at the site.

The Contractor may be able to perform pre-site grading activities (construction access construction, clearing and grubbing, etc.) after the initial herbicidal application and prior to site grading earthwork activites. The Contractor shall coordinate all pre site grading activities with the COR.

DESCRIPTION DATE RESOURCES

Project Kick-Off Meeting and Initial Site Visit

Within 30 days of project award

Contractor, COR, Government Biologist

Initial fall herbicidal application

September 2020 Contractor, Government Biologist

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DESCRIPTION DATE RESOURCES

Initial Winter/Spring herbicidal application

February - March 2021 Contractor

Site Grading 1 March - 30 April 2021 (if accessing site from Thalia Creek only) or alternatively 16 June - 15 August 2021 (if accessing site by Princess Anne High School Construction Entrance)*

Contractor

Site Planting 1 April - 31 May 2021 (if accessing site from Thalia Creek only) or alternatively 15 August - 15 October 2021 (if accessing site by Princess Anne High School Construction Entrance)*

Contractor

Annual fall herbicidal application

September 2021 Contractor

*Heavy truck hauling at the Princess Anne High School site will be limited based on school requirements but is allowable 6/16/2021-8/15/2021. Truck hauling at the Princess Anne High School Site is also allowable during the following dates: 11/26/2020 to 11/29/2020; 12/19/2020 to 1/3/2021 and 4/11/2021 to 4/19/2021. All dates shall be confirmed prior to construction. similar dates may apply during the 2020-2021 school year.

This set of specifications will explain in detail the work needed to complete each task.

1.14 ENVIRONMENTAL LITIGATION

1.14.1 Litigation

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the 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, such 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 "Suspension of Work" clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall

SECTION 01 14 00 Page 16 be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof. The term "environmental litigation" 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 the environment.

1.15 HISTORICAL AND ARCHAEOLOGICAL FINDS

Federal legislation provides for the protection, preservation, and collection of scientific, prehistoric, historic, and archaeological data, including relics and specimens that might otherwise be lost as a result of any Federal construction project. Should the Contractor, or any of the Contractor's employees, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible scientific, prehistoric, historic, or archaeological data, the Contractor shall immediately cease work at that location, and notify the Contracting Officer, giving the location and nature of the findings. The Contractor shall forward written confirmation to the Contracting Officer as directed. The Contractor shall exercise care so as not to disturb or damage shipwrecks, artifacts or fossils uncovered during excavation, material placement operations, and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition. Any person who, without written permission, injures, destroys, excavates, appropriates, moves or removes any historic or prehistoric artifact, object of antiquity, or archaeological resource is subject to arrest and penalty of law. Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance or changes in the work, or both. If such delays or changes are ordered, an equitable adjustment will be made in accordance with the applicable clauses of the contract.

1.16 PROFIT

1.16.1 Weighted Guidelines

Weighted guidelines method of determining profit shall be used on any equitable adjustment change order or modification issued under this contract. The profit factors, expressed as a percent, shall be as follows:

Factor Rate Weight Value

Degree of Risk 20 Relative difficulty of work 15 Size of Job 15 Period of performance 15 Contractor's investment 5 Assistance by Government 5 Subcontracting 25

1.16.2 Values

Based on the circumstances of each procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. The value shall be obtained by multiplying the rate by the weight.