FINAL_SPECIFICATIONS_Chesapeake_Bay_Native_Oyster_Restoration_Piankatank_River.pdf

US Army Corps of Engineers Norfolk District Norfolk, Virginia 23510

SPECIFICATIONS FOR

CHESAPEAKE BAY NATIVE OYSTER

RESTORATION PROJECT

PIANKATANK RIVER

MATHEWS & MIDDLESEX COUNTY, VIRGINIA

DECEMBER 2016

FINAL SUBMITTAL

CHESAPEAKE BAY NATIVE OYSTER RESTORATION PROJECT PIANKATANK2017

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 14 00 SPECIAL WORK CONDITIONS

01 22 00 MEASUREMENT AND PAYMENT

01 31 19 PROJECT MEETINGS

01 32 01.10 50 PROJECT PROGRESS SCHEDULE - SIMPLIFIED

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 50 00 TEMPORARY CONSTRUCTION FACILITIES

01 57 20 ENVIRONMENTAL PROTECTION

01 57 30 ENVIRONMENTAL PERMIT WORK REQUIREMENTS

01 78 00 CONSTRUCTION DRAWINGS OF RECORD

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 05 STONE FOR REEF HABITAT

35 20 10 REEF HABITAT CONSTRUCTION

-- 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

06/16

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

06/16

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

Contract drawings are as follows:

DRAWING TITLE

SHEET NUMBER

HH-101 COVER SHEET

HH-102 LOCATION MAP

HH-103 LOCATION OF REEF HABITAT

HH-104 LEGEND & GENERAL NOTES

HH-201 REEF #2 PLACEMENT AREA

HH-202 REEF #2 BASE BID & OPTION AREAS

HH-203 EXISTING & PROPOSED SURFACES PROFILE

HH-204 CONSTRUCTION DETAILS

HH-205 CONSTRUCTION DETAILS

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

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 14 00

SPECIAL WORK CONDITIONS

12/16

PART 1 GENERAL

1.1 SUBMITTALS

1.2 References

1.3 Special Work Requirements

1.3.1 Security and Public Safety of Work Areas

1.3.2 Noise Control and Abatement

1.3.3 Coordination with Other Contractors

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 Channel Traffic

1.4.5 Responsibility

1.4.6 Work Area Access

1.4.7 Protection of Existing Oyster Reefs and Oyster Grounds

1.5 LAYOUT OF WORK AND SURVEYS

1.5.1 General

1.5.2 Condition of Project Area

1.5.3 Electronic Survey and Positioning Systems

1.5.4 Reef Habitat Pre-Construction Surveys and Reef Habitat

Post-Construction Surveys

1.5.5 Check Surveys

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 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.11.1 Rentals

1.11.2 Data

1.12 ENVIRONMENTAL LITIGATION

1.12.1 Litigation

1.13 HISTORICAL AND ARCHAEOLOGICAL FINDS

1.14 PARTNERING

1.15 SUBCONTRACTS AND WORK COORDINATION

SECTION 01 14 00 Page 1

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

SECTION 01 14 00 Page 2

SECTION 01 14 00

SPECIAL WORK CONDITIONS

12/16

PART 1 GENERAL

1.1 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

Reef Habitat Pre-Construction Surveys; G

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

SD-06 Test Reports

Check Surveys

SD-07 Certificates

Equipment and Machinery Operator Authorization

SD-11 Closeout Submittals

Reef Habitat Post-Construction Surveys; G

1.2 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

SECTION 01 14 00 Page 3

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

CFR PART 156.120 OIL AND HAZARDOUS MATERIAL TRANSFER

OPERATIONS - Requirements for Transfer

1.3 Special Work Requirements

The work is to be performed in the vicinity of the Piankatank River. The contractor shall Notify U.S. Army Corps of Engineers, Norfolk District before the commencement of work. The Contractor shall perform the scheduled reef habitat construction and all other associated work in accordance with all requirements of the Environmental Permits, as indicated and as specified herein.

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 placement of stone prior to the time restriction stated in this contract, the government will not pay for remobilization cost.

1.3.1 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.

1.3.2 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.

1.3.3 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 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.

SECTION 01 14 00 Page 4

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 used to confirm sandy subsurface conditions. This information 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 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.

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

SECTION 01 14 00 Page 5

1.4.4 Channel Traffic

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

1.4.5 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.

1.4.6 Work Area Access

The contractor shall access work areas directly from the channel waterway.

The contractor is PROHIBITED from crossing private reef leases to gain access to the work areas. The contractor shall notify the Contracting Officer immediately and in writing, if a conflict in obtaining access to work areas is encountered.

1.4.7 Protection of Existing Oyster Reefs and Oyster Grounds

Reefs scheduled for construction, reefs to remain undisturbed, and leased and public reef grounds present in the project as depicted on the contract drawings must be protected for the duration of the work. In order to avoid damage to oyster reefs and oyster grounds, the Contractor shall exercise care in plant operations and restrict the movement and operation of all plant and equipment in the vicinity of oyster reefs and oyster grounds. Any traversing of oyster reefs and grounds with plant shall be accomplished on high tide to the maximum extent practical. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.

1.5 LAYOUT OF WORK AND SURVEYS

1.5.1 General

The Contractor shall be responsible for the layout of all work and shall have physical markings placed in the field by a licensed Professional Engineer or Surveyor currently licensed in the Commonwealth of Virginia that delineate the reef habitat construction areas.

The markings, unless indicated otherwise in the Environmental Permit(s), shall be minimum 1 inch diameter PVC pipe with orange flagging. Markings shall be placed prior to commencing stone placement operations. In areas where pipe is insufficient due to water depths or other restriction, use of lighted floating markings meeting USCG standards will be allowed.

Contractor shall remove same upon completion 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.

SECTION 01 14 00 Page 6

1.5.2 Condition of Project Area

The conditions shown by the surveys are subject to change due to the constantly changing of the river bottom and the natural forces of wind and waves.

1.5.3 Electronic Survey and Positioning Systems

All plant utilized for stone transportation and placement at the respective reef construction area(s) 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 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 CONTRACTOR QUALITY CONTROL to assure that all work being performed with the use of the equipment and system meets or exceeds the contract requirement.

1.5.4 Reef Habitat Pre-Construction Surveys and Reef Habitat

Post-Construction Surveys

The Contractor shall conduct Reef Habitat Pre-Construction and Post-Construction Surveys, 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.

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 Reef Habitat Construction area and a maximum 50-feet interval at the reef habitat construction area in a manner to depict the physical boundaries and contours of the sites.

Cross-sectional profiles will depict pre and post survey tracks on each profile.

The independent Professional Engineer or Surveyor shall provide the total CY placed at the reef above the Pre-construction Survey depths at each reef, if any.

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

SECTION 01 14 00 Page 7 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 Reef Habitat Pre-Construction Surveys and Reef Habitat Post-Construction Surveys.

1.5.5 Check Surveys

Contractor shall perform surveys to demonstrate that the materials are acceptably placed in the work. Check surveys shall occur as the work progresses to verify lines, grades and thicknesses established for completed work. At least one(1) check survey as specified below shall be made for the every 100 feet of stone placed.

Approval of stone placement based upon check surveys shall not constitute final acceptance of the work. The check surveys shall verify that the contractor's method of construction produces a finished bottom that meets the dimensional and stone volume and quantity requirements for the reef habitat.

The elevation of stone above the existing bottom shall be determined by the use of a leveling instrument and a rod having a base 12 inches in diameter.

If approved by the Contracting Officer other means may also be used.

Surveys shall also be used to check the height above the bottom near the corners and at the approximate middle and additionally at high an low points if they are visible, depending on the tide.

The surveys shall be conducted in the presence of an authorized representative of the Contracting Officer, unless this requirement is waived by the Contracting Officer.

1.5.6 Datum and Bench Marks

The plane of reference shall be Mean Lower Low Water (MLLW), 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 Reef Habitat Construction Site, tidal values will be determined using tidal zoning values developed by NOS.

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

SECTION 01 14 00 Page 8 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.

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.

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

SECTION 01 14 00 Page 9 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 Coast Guard; or an 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 dredges 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 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

SECTION 01 14 00 Page 10 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 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 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.11.1 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.

1.11.2 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.

1.12 ENVIRONMENTAL LITIGATION

1.12.1 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"

SECTION 01 14 00 Page 11 clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall 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.

1.13 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.

1.14 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done correctly, within budget, and on time. This partnership would be bilateral in make-up and partnership will be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by all parties and will be shared equally with no change in contract price.

1.15 SUBCONTRACTS AND WORK COORDINATION

Contract Clauses "SUBCONTRACTS", "PERMITS AND RESPONSIBILITIES", and "MATERIAL AND WORKMANSHIP" are supplemented as follows:

(a) Divisions or sections of specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit work performed by any trade.

(b) Contractor shall be responsible for coordination of the work of the trades, subcontractors, and materials.

(c) The Government or its representative will not undertake to settle any difference between the Contractor and Contractor's subcontractors, SECTION 01 14 00 Page 12 or between subcontractors.

(d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Corps of Engineers projects, or for any other reason is considered by the Contracting Officer to be incompetent or otherwise objectionable.

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

-- End of Section --

SECTION 01 14 00 Page 13

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

12/16

PART 1 GENERAL

1.1 SUBMITTALS

1.2 BASE BID ITEMS

1.2.1 LUMP SUM PAYMENT ITEMS

1.2.2 Base Bid Item No. 0001 Mobilization and Demobilization

1.2.2.1 Mobilization

1.2.2.2 Demobilization

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Base Bid Item No. 0002 Purchase of Class A1 Stone (20,500 TONS)

1.3.2 Base Bid Item No. 0003 Loading/Transport of Stone to Reef

Habitat Construction Area

1.3.3 Base Bid Item Nos. 0004 Placement of Stone for Reef Habitat

1.4 OPTION 1 ITEMS

1.4.1 Option 1 Bid Item No. 0005 Purchase of Class A1 Stone (5,100

TONS)

1.4.2 Option 1 Bid Item No. 0006 Loading/Transport of Stone to Reef

Habitat Construction Area

1.4.3 Option 1 Bid Item No. 0007 Placement of Stone for Reef Habitat

1.5 OPTION 2 ITEMS

1.5.1 Option 2 Bid Item No. 0008 Purchase of Class A1 Stone (3,400

TONS)

1.5.2 Option 2 Bid Item No. 0009 Loading/Transport of Stone to Reef

Habitat Construction Area

1.5.3 Option 2 Bid Item No. 0010 Placement of Stone for Reef Habitat

1.6 MISPLACED MATERIAL

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 22 00 Page 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

12/16

PART 1 GENERAL

1.1 SUBMITTALS

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-03 Product Data

Weight Scale Tickets

Submit certified weight scale tickets for stone.

SD-07 Certificates

Weight Scale Certification; G

A copy of the certification from the regulatory agency attending to the scale's accuracy.

1.2 BASE BID ITEMS

1.2.1 LUMP SUM PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the BIDDING SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2.2 Base Bid Item No. 0001 Mobilization and Demobilization

All costs connected with the mobilization and demobilization of all of the Contractor's plant and equipment as defined below will be paid for at the contract lump sum price for this item. Sixty percent of the lump sum price will be paid to the Contractor upon completion of his mobilization at the work site. The remaining forty percent will be paid to the Contractor upon completion of demobilization. In the event the Contracting Officer considers that the amount in this item, sixty percent which represents mobilization and forty percent which represents demobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer may require the Contractor to produce cost data to

SECTION 01 22 00 Page 2 justify this portion of the bid. Failure to justify such price to the satisfaction of the Contracting Officer will result in payment of actual mobilization costs, as determined by the Contracting Officer, at the completion of mobilization, and actual demobilization costs, as determined by the Contracting Officer, at the completion of demobilization. The determination of the Contracting Officer is not subject to appeal.

1.2.2.1 Mobilization

Mobilization shall include all costs for operations accomplished prior to commencement of actual construction operations, this shall include transfer of equipment and associated plant, reef habitat construction equipment to site, and any other associated work that is necessary in advance of the actual reef habitat construction operations.

1.2.2.2 Demobilization

Demobilization shall include general preparation for transfer of plant to its home base, cleanup of all sites of work including storage and staging areas, and transfer of plant to its home base.

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the BIDDING SCHEDULE and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.3.1 Base Bid Item No. 0002 Purchase of Class A1 Stone (20,500 TONS)

Class A1 Stone (VDOT Spec) will be measured for payment by the ton (2,000 pounds) by certified weight scale tickets furnished by a public weigh master provided for each truckload to the nearest 0.1 ton, and the final quantity of each truckload will be rounded to the nearest whole ton. The imported stone will be measured for payment by being weighed on approved scales before being placed in the work. A copy of the Weight Scale Certification shall be furnished from the regulatory agency attesting to the scale's accuracy. Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall be inspected, tested and sealed as directed to assure accuracy within 0.5 percent throughout the range of the scales. The scales shall be certified as to accuracy by an acceptable scales company representative prior to weighing any stone.

Scales will be checked and certified before stone hauling and rechecked and re-certified whenever a variance is suspected. If commercial scales are readily available in close proximity 10 miles of site of work, the Contracting Officer may approve the use of the scales. The stone shall be weighed in the presence of the Government representative.

1.3.2 Base Bid Item No. 0003 Loading/Transport of Stone to Reef Habitat Construction Area

Loading of Class A1 Stone on barges or scows. This payment item includes all costs associated with the loading of the stone at the quarry to barges or scows. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or

SECTION 01 22 00 Page 3 scows for stone. This payment item also includes all costs associated with transport of the stone from the quarry to the designated reef habitat construction area. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or scows for stone.

1.3.3 Base Bid Item Nos. 0004 Placement of Stone for Reef Habitat

Payment to be made for all costs associated with reef habitat construction shall include the cost of removing the stone by bucket or clamshell method from the barges and scows and constructing the reef habitat areas to the lines and grades indicated, complete, surveying work, installing appropriate reef signs, and including all other associated work as indicated and as specified.

1.4 OPTION 1 ITEMS

1.4.1 Option 1 Bid Item No. 0005 Purchase of Class A1 Stone (5,100 TONS)

Class A1 Stone (VDOT Spec) will be measured for payment by the ton (2,000 pounds) by certified weight scale tickets furnished by a public weigh master provided for each truckload to the nearest 0.1 ton, and the final quantity of each truckload will be rounded to the nearest whole ton. The imported stone will be measured for payment by being weighed on approved scales before being placed in the work. A copy of the Weight Scale Certification shall be furnished from the regulatory agency attesting to the scale's accuracy. Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall be inspected, tested and sealed as directed to assure accuracy within 0.5 percent throughout the range of the scales. The scales shall be certified as to accuracy by an acceptable scales company representative prior to weighing any stone.

Scales will be checked and certified before stone hauling and rechecked and re-certified whenever a variance is suspected. If commercial scales are readily available in close proximity 10 miles of site of work, the Contracting Officer may approve the use of the scales. The stone shall be weighed in the presence of the Government representative.

1.4.2 Option 1 Bid Item No. 0006 Loading/Transport of Stone to Reef Habitat Construction Area

Loading of Class A1 Stone on barges or scows. This payment item includes all costs associated with the loading of the stone at the quarry to barges or scows. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or scows for stone. This payment item also includes all costs associated with transport of the stone from the quarry to the designated reef habitat construction area. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or scows for stone.

1.4.3 Option 1 Bid Item No. 0007 Placement of Stone for Reef Habitat

Payment to be made for all costs associated with reef habitat construction shall include the cost of removing the stone by bucket or clamshell method from the barges and scows and constructing the reef habitat areas to the lines and grades indicated, complete, surveying work, installing appropriate reef signs, and including all other associated work as indicated and as specified.

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1.5 OPTION 2 ITEMS

1.5.1 Option 2 Bid Item No. 0008 Purchase of Class A1 Stone (3,400 TONS)

Class A1 Stone (VDOT Spec) will be measured for payment by the ton (2,000 pounds) by certified weight scale tickets furnished by a public weigh master provided for each truckload to the nearest 0.1 ton, and the final quantity of each truckload will be rounded to the nearest whole ton. The imported stone will be measured for payment by being weighed on approved scales before being placed in the work. A copy of the Weight Scale Certification shall be furnished from the regulatory agency attesting to the scale's accuracy. Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall be inspected, tested and sealed as directed to assure accuracy within 0.5 percent throughout the range of the scales. The scales shall be certified as to accuracy by an acceptable scales company representative prior to weighing any stone.

Scales will be checked and certified before stone hauling and rechecked and re-certified whenever a variance is suspected. If commercial scales are readily available in close proximity 10 miles of site of work, the Contracting Officer may approve the use of the scales. The stone shall be weighed in the presence of the Government representative.

1.5.2 Option 2 Bid Item No. 0009 Loading/Transport of Stone to Reef Habitat Construction Area

Loading of Class A1 Stone on barges or scows. This payment item includes all costs associated with the loading of the stone at the quarry to barges or scows. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or scows for stone. This payment item also includes all costs associated with transport of the stone from the quarry to the designated reef habitat construction area. The total amount to be paid for under this payment item will be directly proportional to the measured tonnage as measured in the barges or scows for stone.

1.5.3 Option 2 Bid Item No. 0010 Placement of Stone for Reef Habitat

Payment to be made for all costs associated with reef habitat construction shall include the cost of removing the stone by bucket or clamshell method from the barges and scows and constructing the reef habitat areas to the lines and grades indicated, complete, surveying work, installing appropriate reef signs, and including all other associated work as indicated and as specified.

1.6 MISPLACED MATERIAL

Any material that is deposited elsewhere than in places designated or approved by the Contracting Officer will not be paid for, and the Contractor may be required to remove such misplaced material and deposit it where directed by the Contracting Officer at the Contractor's expense.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 22 00 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 31 19

PROJECT MEETINGS

06/16

PART 1 GENERAL

1.1 SUBMITTALS

1.2 PRECONSTRUCTION CONFERENCE

1.2.1 Scheduling

1.2.2 Purpose

1.2.3 Discussion Items

1.3 OTHER MEETINGS

1.4 MINUTES OF MEETINGS

1.5 Oyster Leaseholder Meeting

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

SECTION 01 31 19 Page 1

SECTION 01 31 19

PROJECT MEETINGS

06/16

PART 1 GENERAL

1.1 SUBMITTALS

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

List of Contact Personnel; G

1.2 PRECONSTRUCTION CONFERENCE

1.2.1 Scheduling

After award of the construction contract and prior to the start of any construction work, the Contracting Officer (CO) will schedule and conduct a preconstruction conference. The Contractor's Project Manager, Superintendent and Quality Control System Manager shall attend this meeting. The Contractor is encouraged to have an officer of his company (Project Manager could be this person) and representation from each of his sub-contractors and major construction work divisions at the conference.

This conference will be held at a location and time as specified by the CO.

1.2.2 Purpose

The purpose of this preconstruction conference is to enable the CO to outline the procedures that will be followed by the Government in its administration of this construction contract and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government's supervision and inspection of contract work, about security requirements, regulations, and other similar matters. The CO may invite Nature Conservancy and other Government personnel involved in the work to attend this conference.

1.2.3 Discussion Items

The following is a list of items for discussion during the preconstruction conference; however, the Contracting Officer may include additional items for discussion as conditions and the work require.

a. Authority of the Contracting Officer/Contracting Officer's Representative.

b. Contractor's Progress Schedule.

c. Correspondence Procedures.

SECTION 01 31 19 Page 2

d. Contractor Labor Standards Provisions.

e. Contract Modifications and Administrative Procedures.

f. Contractor's Administrative, Laydown and Storage Areas.

g. Procedures for Processing Submittals.

h. Payment Estimate Data and Procedures.

i. Contractor Utilities.

j. Security Requirements and Other Regulations, if applicable.

k. Government Furnished Equipment, if applicable.

l. Disposition of Salvage Property.

m. Contractor Insurance Requirements.

n. Value Engineering Program.

o. Contractor Performance Evaluation.

p. Record of Construction Drawings.

q. Warranty of Construction and Single Point of Contact.

r. Turnover of Completed Facilities.

s. Contractor Plan of Operations - The Contractor shall indicate his method(s) of layout and accomplishment of the scheduled work, and his verification/certification procedures for accuracy of the respective areas of work to be accomplished.

t. Contractor Required Notification Procedures

u. Contractor's Submittal Register

v. Contractor's Survey and Information Reporting Procedures

w. Contractor's Placement Plans and Activity Hazard Analysis Related to Placement Procedures

x. The List of Contact Personnel to include the project foreman, person charged with the transportation of the Government's representative to and from the work area, The Contractor's CEO, Contractor's Project Manager, Contractor's Surveyor and/or other pertinent personnel as directed by the Government. The Contractor shall provide their cell and office phone numbers and e-mail addresses.

1.3 OTHER MEETINGS

Other meetings may be held after the Preconstruction Conference, and such meetings may include the following:

a. Contractor's Site Safety and Health Plan

SECTION 01 31 19 Page 3

b. Quality Control Plan

c. Environmental Protection Plan

d. Oyster Leaseholder Meeting

1.4 MINUTES OF MEETINGS

The Government will prepare minutes of all meetings.

1.5 Oyster Leaseholder Meeting

The Contractor shall schedule a meeting with persons (if any) having leases on any oyster beds that are adjacent or in the immediate vicinity of the work area. The oyster beds are used for commercial and/or private oyster harvesting. The purpose of this meeting is to coordinate activities with the leaseholders and owners so no undue hardship will be incurred on planned activities.