01 14 00 NASA Wallops Specs Amended.pdf

Wallops Island Breakwater(s) and Beach Renourishment Project WI2019

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 14 00

SPECIAL WORK CONDITIONS

03/15

PART 1 GENERAL

1.1 SUBMITTALS

1.2 CONTRACTOR'S NOTIFICATION

1.2.1 Work Intent Notification to the Virginia Marine Resources

Commission (VMRC), Virginia Department of Environmental Quality (VDEAQ), U.S. Army Corps of Engineers (USACE) and National Marine Fisheries Service (NMFS)

1.2.2 Notice to Mariners

1.3 SPECIAL WALLOPS FLIGHT CENTER WORKING REQUIREMENTS

1.3.1 Contracting Officer Directed 24-Hour Stand By Time

1.4 TIME OF YEAR RESTRICTION

1.5 CONTRACTOR ACCESS AND USE OF PREMISES

1.5.1 Restrictions for Access to Material Placement Site

1.5.2 Cat Creek Bridge

1.5.3 Facility Regulations

1.5.3.1 Subcontractors and Personnel Contacts

1.5.3.2 Identification Badges

1.5.3.3 Personnel Entry Approval

1.5.4 Coordination with Other Contractors

1.5.5 Notification Of Beach Fill Operations

1.5.6 Working Hours

1.5.6.1 Turtle Friendly Lighting

1.5.7 Occupied and Existing Buildings

1.6 PHYSICAL DATA

1.6.1 Physical Conditions Information

1.6.2 Site Related Weather Conditions

1.6.3 Time Extensions For Unusually Severe Weather

1.6.3.1 Schedule

1.6.4 Additional Information for Local Physical Conditions

1.6.5 Responsibility

1.6.6 Condition of Borrow Areas

1.6.7 Condition of Beach Fill Areas

1.6.8 Oyster Grounds

1.7 LAYOUT OF WORK AND SURVEYS

1.7.1 General

1.7.2 Datum

1.7.3 Responsibility for Tide Measurements

1.7.4 Contractor Layout for Survey of Breakwaters and Beach

Requirements

1.8 CONTINUITY OF BEACH FILL WORK

1.9 CONTINUITY OF BORROW AREA EXCAVATION

1.10 INSPECTION

1.10.1 General Inspection Requirements

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.11.1 Costs

SECTION 01 14 00 Page 1

1.11.2 Rentals

1.11.3 Data

1.12 ENVIRONMENTAL LITIGATION

1.13 HISTORICAL, ARCHAEOLOGICAL AND CULTURAL FINDS

1.14 PROFIT

1.14.1 Weighted Guidelines

1.14.2 Values

1.14.2.1 Degree of Risk

1.14.2.2 Relative Difficulty of Work

1.14.2.3 Size of Job

1.14.2.4 Periods of Performance

1.14.2.5 Contractor's Investment

1.14.2.6 Assistance by Government

1.14.2.7 Subcontracting

1.15 PARTNERING

1.16 SUBCONTRACTS AND WORK COORDINATION

1.17 SEAGOING BARGE ACT

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PHOTOGRAPHS

-- End of Section Table of Contents --

SECTION 01 14 00 Page 2

SECTION 01 14 00

SPECIAL WORK CONDITIONS

03/15

PART 1 GENERAL

The work consists of the construction of breakwater structures and the truck haul of sand material for beach fill from a borrow area located along the northeast shoreline of Wallops Island (location shown on project drawings) and placed along the southern area designated for beach fill.

The Contractor shall perform the scheduled work with all trucks and equipment to be provided by the Contractor.

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 marked 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

Work Intent Notification

Prior to commencement of all work, submit a copy of Work Intent Notifications to the VDEQ, VMRC, NMFS, USACE Regulatory Section and U.S.

Coast Guard and at the same time to the Contracting Officer.

Borrow Area Survey; G

The Contractor shall preform a before excavation and after excavation survey of the borrow.

Borrow Area Removal Plan; G

The Contractor shall submit a Plan indicating all work activities proposed for the excavation and truck haul of sandy beach fill material.

1.2 CONTRACTOR'S NOTIFICATION

A Work Intent Notification shall be prepared and sent to the agencies identified below identifying the borrow area location(s) and placement

SECTION 01 14 00 Page 3 areas. When the Contractor sends a Notification to an agency, proper signatures as required in the Permit shall be affixed. A copy of all Notifications furnished shall at the same time be provided to the Contracting Officer. The Contractor shall include the Virginia Marine Resources Permit Application Number: VMRC 2018-1590 on all Notifications sent to an agency.

1.2.1 Work Intent Notification to the Virginia Marine Resources Commission (VMRC), Virginia Department of Environmental Quality (VDEAQ), U.S. Army Corps of Engineers (USACE) and National Marine Fisheries Service (NMFS)

a. The Contractor shall notify the Virginia Marine Resources Commission (VMRC)at 2600 Washington Avenue; 3rd Floor; Newport News, VA 23607, the U.S. Army Corps of Engineers (USACE) Norfolk District at 803 Front Street; Norfolk, Virginia 23510, Virginia Department of Environmental Quality at 5636 Southern Boulevard, Virginia Beach, Virginia 23462, and the National Marine Fisheries Service (NMFS) Northeast Region at 55 Great Republic Drive;

Gloucester, MA 01930 in writing, at least 15 calendar days prior to commencement of all work operations under this contract.

1.2.2 Notice to Mariners

The Contractor shall notify the Commander, Fifth Coast Guard District of his intended operations to barge stone material and request that it be published in the Local Notice to Mariners. This Intent Notification to U.S. Coast Guard must be given in sufficient time so that it appears in the Notice to Mariners at least 21 calendar days prior to the commencement of this contract.

1.3 SPECIAL WALLOPS FLIGHT CENTER WORKING REQUIREMENTS

a. It can be anticipated that NASA operational requirements may preclude Contractor access to portions or all of Wallops Island for extended periods.

b. Barricades and signs shall be posted at project areas while work is in progress, to ensure safety of personnel entering, driving near or working at the work sites. Due to launch activities the Contractor must be prepared to shut down construction activities for a period of time. Shut down times may vary between hours to a full day during the course of this contract. A 24 hour notice will be given prior to a shutdown. Wallops Island launch and access procedures shall be adhered to.

c. The facility will remain in operation during the entire construction period. The Contractor shall conduct his operations so as to cause the least possible interference with normal operations of the facility.

d. Permission to interrupt any Facility roads, and/or utility service shall be requested in writing a minimum of 15 calendar days prior to the desired date of interruption.

1.3.1 Contracting Officer Directed 24-Hour Stand By Time

a. During the contract period, the Government reserves the right to issue stand by orders to the Contractor, due to NASA's Rocket Launch Schedule for periods up to 24 hours at a cost and in a

SECTION 01 14 00 Page 4 number as bid by the Contractor on the Bid Schedule Item for this requirement. If the Contracting Officer directs that the Contractor be placed in a standby status, the Contractor shall cease all beach fill operations and secure his on beach plant and equipment. During this period the Contractor may be allowed to perform construction of the breakwaters from the barge, depending on the type of launch and the radius of impact communicated by the Contracting Officer.

b. Due to the current NASA Rocket Launch Schedule, the Contractor will not be allowed to operate within a designated radius of 1250 feet as shown on the plans starting January 5, 2020 to March 15, 2020. The Contractor is prohibited from performing any work to breakwaters or beach fill within the designated radius during the specified time frame. However, he may traverse through the area during this time to work on other areas outside the radius.

Restriction occurs within the following designated longitudes and latitudes:

1. 75.488W 37.834N

2. 75.488W 37.829N

3. 75.493W 37.828N These locations are within the stations 24+00 to 50+00 pertaining to the contract drawings. During the time of rocket launch (as designated by the COR) all contractor personell will be required to evacuate the site for the duration of the launch.

1.4 TIME OF YEAR RESTRICTION

There is no time of year restriction for the construction of the breakwaters, apart from the restricted radius zone as described in subparagraph 1.3.1. There is a time of year restriction for the excavation of sand material from the borrow area and beach fill placement as stated in SECTION 01 57 20.10 ENVIRONMENTAL PROTECTION and SECTION 01 57 30

ENVIRONMENTAL PERMIT WORK REQUIREMENTS.

1.5 CONTRACTOR ACCESS AND USE OF PREMISES

The Contractor shall be solely responsible for protection of the public at all times for the duration of work performed as a part of the contract and fully comply with the provisions of OSHA safe working practices and the Safety and Accident Prevention requirements of these specifications.

During actual construction activities, the Contractor shall ensure adequate monitoring of operations by competent employees at the project areas is maintained at all times. The Contractor shall employ the use of signs, barricades, barriers, flagmen, and any other devices and measures required to insure worker safety at the dredging and placement areas at all times. All lighting associated with the project shall be limited to the immediate area of active construction only. Such lighting shall be shielded, low-pressure sodium vapor lights directed to the maximum extent practical away from populated areas where applicable and to avoid excessive illumination of the water.

1.5.1 Restrictions for Access to Material Placement Site

The Wallops Island Beach oceanfront is served by an all weather surfaced road network. The Contractor's equipment and vehicular access into the

SECTION 01 14 00 Page 5 work area will be available from along the causeway leading to Wallops Island across Cat Creek Bridge. The Contractor shall prepare, as a part of his Accident Prevention Plan and Progress Schedule, his proposed methods for gaining access to the workplace by the designated right-of-way that does not unnecessarily impact convenient and safe access to and from the beach. All roads approved for the Contractor's use shall be maintained throughout construction and restored to as good condition as existed prior to their use. The Contractor shall keep all roads and runway free of mud and other foreign materials resulting from his operations. The Contractor's vehicles shall at no time follow a vehicle closer than 50 feet, and all vehicles shall pull off the road and come to a complete stop when meeting emergency vehicles and vehicles with flashing lights. All temporary construction shall be removed and the affected/area restored to its original condition. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

1.5.2 Cat Creek Bridge

Vehicular access to Wallops Island is over the Cat Creek Bridge. The Cat Creek Bridge on the access causeway leading to Wallops Island has design weight limits that are in most cases considered with the Commonwealth of Virginia State Highway gross weight limits. Comply with the bridge restrictions attached at the end of this section for all loads crossing the bridge. Any construction vehicles over the weight of 5 tons must travel no faster than 15 miles per hour when traveling over the Cat Creek Bridge on the access causeway to Wallops Island. If a driver is caught by security personnel exceeding this modified speed limit twice, they will have their badge revoked and will not be permitted to drive onto Wallops Island. Also, lane restrictions and/or closings may be in effect during the course of the project due to repairs that are being planned for the Cat Creek Bridge. The Contractor shall schedule his activities accordingly with the facility.

1.5.3 Facility Regulations

Ensure that Contractor personnel employed on the Facility become familiar with and obey Facility regulations including safety, fire, traffic and security regulations. Keep within the limits of the work and avenues of ingress and egress. Wear hard hats in designated areas. Do not enter any restricted areas unless required to do so and until cleared for such entry.

For access times and procedures for operating on the runway, the contrator shall contact the COR. The Contractor's equipment shall be conspicuously marked for identification.

1.5.3.1 Subcontractors and Personnel Contacts

Furnish a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency. As changes occur and additional information becomes available, correct and change the information contained in previous lists. All personnel must be U.S. citizens

1.5.3.2 Identification Badges

This project will require all Contractor and subcontractor personnel working on or supporting this Government contract to undergo the badge procedures outlined below. Depending on the number of days "in a 12 month period" a

SECTION 01 14 00 Page 6 person requires access onto Wallops Island Flight Facility (WFF), will determine the level of background information that is required to process the badge. 1."Visitor" = Less than 30 total days in any 12 month period will require: a. First name, middle name, last name b. Drivers license must be presented at Check-in. 2. "Temporary" = 31 days- 179 days in any 12 month period will require: a. Locator and Information Services Tracking Systems (LISTS) form b. Form NF 1760 Position Risk Designation form c. Drivers license and an additional picture ID must be presented at check-in in addition to the above, a SIS company Profile form for each company (Prime and Sub) for each contract will be required. In some cases, depending on the duration of a badge request, the NF 1760 will be required. This form can be requested through Construction Facilities Section at 757-824-1136 or 757-824-7232. Security is requiring 7 days to process any badge. At all times, while on Government property, Contractors, subcontractors, their employees and agents shall wear badges which will be issued by Wallops Flight Facility Security Force. The Contractor shall be held accountable for these badges during the life of the contract. All badges shall be surrendered upon the completion of work and failure on the part of the prime contractor to properly surrender all badges of people involved in work under this contract may cause for the Contracting Officer to withhold final payment of the contract. In addition, any badges lost by the Contractor, subcontractor, their employees and agents during the life of the contract shall be reported immediately to the Contracting Officer. See required forms attached at the end of this SECTION.

1.5.3.3 Personnel Entry Approval

Failure to obtain entry approval will not be considered grounds for substantial requests for deviation of either contract value or time of completion, unless WFF Security procedures for applying for access badges has been followed precisely and access bages are not provided within 24 hours of scheduled commencement of work.

1.5.4 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.

1.5.5 Notification Of Beach Fill Operations

The Contractor shall maintain a current register of planned beach fill operations indicating where the beach fill operations will be performed, including station number locations for the beach fill operations and projected locations along the beach fill placement area for the duration of the contract. The register shall be regularly updated as deemed appropriate by the Contracting Officer and provided with the Daily Report of Operations in a format approved by the Contracting Officer.

SECTION 01 14 00 Page 7

1.5.6 Working Hours

Unless directed otherwise, the Contractor may perform the scheduled breakwater construction and beach fill work 24 hours a day, 7 days a week (expect for Government holidays) although normal NASA and Navy Operations regular working hours are from 8:00 a.m. to 4:30 p.m.

After Hours, Non-emergencies, contractual questions the contractor shall contact the COR, NASA's John Saecker 757-824-1695 or a designated contact.

After Hours, Emergencies - Landline - 911 or 757-824-1333

After Hours, other (hot work permits, etc.) Dispatch 757-824-1300.

Should the Contractor need to suspend work at any time before the contract is completed, the Contractor shall notify the COR and shall not again resume work without notifying the COR in advance.

Goddard Space Flight Center/Wallops Flight Facility (GSFC/WFF) operates an active rocket launch range on Wallops Island and the Main Base Tracking and Data Operations throughout the facility. Upon notification by the COR, the Contractor shall be responsible for keeping its employees out of launch, radio frequency (RF), and aircraft operating hazard zones during operational activities. All contractor radio equipment shall be reviewed by the Frequency Utilization Manager prior to use on WFF. The Contractor shall also be required to halt beach placement activities that have the potential of interrupting range instrumentation systems during critical operations, both on the Main Base and Wallops Island. This may include shutting down or restricting all sand placement and grading activities to avoid interruption of critical tracking operations. Notification will normally be provided by the COTR 24 hours in advance and can be expected to be issued for up to two (2) hours, three (3) times a week; and for longer durations up to a full day, three (3) times a month. The Contractor shall be aware of the possibility of down time associated with the above and shall be paid for down time as it occurs.

1.5.6.1 Turtle Friendly Lighting

1. Lights with wavelengths above 570 nanometers (nm) and lowest wattage possible should be used for all exterior lighting applications. Lights with wavelengths between 320 and 560 nm, such as metal halide and mercury vapor lights, should not be used in any exterior lighting applications unless there are specific requirements that call for the ability to discern colors. Amber light emitting diodes (LED) and low pressure sodium lighting is acceptable; however, amber colored lamp lenses which filter light can degrade over time and are not acceptable.

2. Any new exterior lighting projects must be submitted to the Environmental Office.

1.5.7 Occupied and Existing Buildings

The Contractor shall be working around existing buildings which are occupied. Do not enter the buildings without prior approval of the Contracting Officer.

SECTION 01 14 00 Page 8

1.6 PHYSICAL DATA

1.6.1 Physical Conditions Information

The physical conditions indicated on the drawings and in the specifications are the result of site investigations and surveys.

Information and data furnished 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.

1.6.2 Site Related Weather Conditions

The locations of the work are in the open waters leading to the ocean and partially protected environs of the Wallops oceanfront; accordingly, the Contractor shall anticipate that severe weather conditions may occasionally interfere with the progress of work. The area is tidal with a mean range of ocean tide of approximately 3.66 feet. Currents are normally not of a sufficient velocity to interfere with work operations; however, offshore winds and other natural weather events may lead to shoaling hazards. The Contractor shall satisfy himself as to the hazards likely to arise from the weather conditions during the construction period. 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.

1.6.3 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 may actually cause a delay to the completion of the project. The delay must be beyond the Contractor's control and without the fault or negligence of the Contractor.

1.6.3.1 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 9

1.6.4 Additional Information for Local Physical Conditions

The Contractor shall consult the following publications for additional information on local conditions:

a. United States Coast Pilot 3, Atlantic Coast, Sandy Hook to Cape Henry, published annually by the National Ocean Service.

b. Tide Tables, High and Low Water Predictions, East Coast of North and South America, published annually by the National Ocean Service.

c. Tide Current Tables, Atlantic Coast of North America, published annually by the National Ocean Service.

d. Local Notice to Mariners, published by the 5th U.S. Coast Guard District and the broadcast local notice to mariners.

1.6.5 Responsibility

The Contractor shall hold and save harmless the United States, its 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.

1.6.6 Condition of Borrow Areas

The plans show the condition of the borrow area at the time of the most recent survey. There are no known pipes or tunnels that cross the area to be excavated.

1.6.7 Condition of Beach Fill Areas

The required beach fill areas and quantity estimates specified are based on the condition of the beach at the time of the most recent surveys as indicated. The conditions shown by the surveys and the required beach fill quantities specified are subject to change due to the constantly changing shoreline and the natural forces of wind and waves acting on the beach.

The actual quantities to be placed and paid for in each respective beach fill segment will be determined by the Contracting Officer from the surveys and volume computations to be performed by the independent surveyor or engineer as specified immediately before the Contractor commences fill operations in a respective beach fill section. The Contracting Officer may make alterations in the plan dimensions, grade of slopes, or volume of fill per cubic foot in a respective beach fill segment in order to increase or decrease the volume of fill placed along the beach. The Contractor shall work closely with the Contracting Officer to ensure that the total quantity of sand allowed under this contract is uniformly distributed along the entire length of the beach fill area in a manner to construct a finished beach dune and berm of constant dimensions along the entire project length.

SECTION 01 14 00 Page 10

1.6.8 Oyster Grounds

There are no known oyster grounds in the vicinity of the borrow area.

1.7 LAYOUT OF WORK AND SURVEYS

1.7.1 General

The Contractor shall be responsible for the expense and layout of all work. When the Contractor's work methods require physical markings to be placed for the purpose of the construction of the breakwaters, and material placement control, including all placement area and easement control points and all range markers and buoys indicated or that otherwise are required to accomplish the work, shall be placed in the field and marked by a licensed Professional Engineer or Surveyor currently licensed in the Commonwealth of Virginia. The markings shall be minimum 1 inch diameter steel pipe marked with orange flagging, placed in the immediate work areas only and shall be removed once a work area has been accepted. The Government reserves the right to verify all in-place markings before construction operations commence, and at any time during the contract.

1.7.2 Datum

The plane of reference for the breakwater construction and beach fill placement work and excavation from the borrow area is NAVD 88, North American Vertical Datum as indicated.

1.7.3 Responsibility for Tide Measurements

It shall be the responsibility of the Contractor to obtain local tide level measurements and predictions within at least 25 nautical miles as required to conduct his operations for the duration of the work.

1.7.4 Contractor Layout for Survey of Breakwaters and Beach Requirements

The Contractor shall submit for approval a base line drawing showing all offsets, elevations, reference lines, and range line locations to be utilized for the entire project prior to performing any surveying. This drawing shall be prepared and stamped by the independent Professional Engineer or Surveyor employed as specified above.

1.8 CONTINUITY OF BEACH FILL WORK

Placement of the beach fill shall proceed in an orderly and consecutive manner beginning at the northern end of the project area adjacent to the borrow site. The northern set of breakwaters (BK-4, BK-5, BK-6 located between stations 100+00 to 110+00) shall be constructed before completion of beach fill profile landward of the breakwater locations in accordance with the contract drawings. No payment will be made for work done in any acceptance section of the beach designated by the Contracting Officer until the entire acceptance section is brought to the shape and grade indicated and specified. When the Contractor moves his progress upon completion of a beach segment section and commences placing material in a manner that the new beach segment section adjacent to the completed section is tied into the completed section, acceptance for payment purposes will not be made on either section until both sections are completely finished contiguously. Refer to SECTION 35 20 24 for more information on Acceptance sections/reaches.

SECTION 01 14 00 Page 11

1.9 CONTINUITY OF BORROW AREA EXCAVATION

The Contractor shall submit for approval a borrow area removal plan. The plan shall indicate the operations and procedures he intends to perform in the borrow area, work methods to be employed that will result in truck haul placement of the required amount of materials within the beach fill section, and the proposed station locations where material is to be removed. The Contractor shall complete a Borrow Area Survey or The Contractor shall perform a before excavation and after excavation survey of the borrow. This plan should also be coordinated and reviewed by WFF.

1.10 INSPECTION

1.10.1 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, laborers, and material forming a part of the ordinary and usual equipment and crew of the plant equipment as may be reasonably necessary in inspecting and supervising the construction work.

b. To furnish, on the request of the Contracting Officer or any construction representative, suitable transportation from all points within the placement area, to and from the various pieces of plant and the staging areas, and within the material placement 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.

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.11.1 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 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.

SECTION 01 14 00 Page 12

1.11.2 Rentals

No other separate equipment rental/leasing costs are allowable. Contractor shall have these costs built in to his bid as per the bid schedule.,

1.11.3 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.

1.12 ENVIRONMENTAL 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 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, ARCHAEOLOGICAL AND CULTURAL 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 who will contact VDHR immediately, 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 and 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, SECTION 01 14 00 Page 13 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 PROFIT

1.14.1 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

1.14.2 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. The value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

1.14.2.1 Degree of Risk

Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items will have, generally, a higher weighted value than the unit price items for which quantities are provided. Other things to consider: the portion of the work to be done by subcontractors, nature of work, where work is to be performed, reasonableness of negotiated costs, amount of labor included in costs, and whether the negotiation is before or after performance of work.

1.14.2.2 Relative Difficulty of Work

If the work is most difficult and complex, the weighting should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk. Some things to consider: the nature of the work, by whom it is to be done, where, and what is the time schedule.

1.14.2.3 Size of Job

All work not in excess of $100,000 shall be weighted at .12. Work

SECTION 01 14 00 Page 14 estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05.

1.14.2.4 Periods of Performance

Jobs in excess of 24 months are to be weighted at .12. Jobs of lesser duration are to be proportionately weighted to a minimum of .03 for jobs not to exceed 30 days. No weight where additional time not required.

1.14.2.5 Contractor's Investment

To be weighted from .03 to .12 on the basis of below average, average, and above average. Things to consider: amount of subcontracting, mobilization payment item, Government furnished property, equipment and facilities, and expediting assistance.

1.14.2.6 Assistance by Government

To be weighted from .12 to .03 on the basis of average to above average.

Things to consider: use of Government owned property, equipment and facilities, and expediting assistance.

1.14.2.7 Subcontracting

Shall be weighted inversely proportional to the amount of subcontracting.

Where 80 percent or more of the work is to be subcontracted, the weighting is to be .03 and such weighting proportionately increased to .12 where all the work is performed by the Contractor's own forces.

1.15 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.

1.16 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, 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

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Corps of Engineers projects, or for any other reason is considered by the Contracting Officer to be incompetent or otherwise objectionable.

1.17 SEAGOING BARGE ACT

All barges and vessels used for the transport of material shall meet the applicable requirements of the Seagoing Barge Act (46 U.S.C. et seq). To document compliance with this act, the Contractor shall submit with his bid copies of U.S. Coast Guard Certificate of Inspection for each item of plant. Certification shall also be furnished to the Contracting Officer if additional plant is engaged during the course of the work.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PHOTOGRAPHS

The Contractor shall, during the progress of the work, furnish the Contracting Officer ground and aerial photographs depicting the progress of construction and project completion. A qualified, established commercia l photographer shall be retained by the Contractor at his expense to take and develop all photographs throughout the entire life of the project.

Aerial photographs shall be taken at an altitude of between 200 feet and 500 feet.

Coverage shall cover an area approximately 1 mile north to 1 mile south of the fill area. Aerial photographs shall be taken at a minimum on a weekly basis and at each request for progress payments by the Contractor. The ground photographs shall be taken at each acceptance section in the scheduled work as follows unless directed otherwise by the Contracting Officer:

(1) immediately prior to filling operations, and

(2) immediately after filling operations have been completed.

All photographs shall be a 8" x 10" color prints. Each shall be identified by showing the date taken, contract title and number, and respective acceptance section identification with a brief description of what the photograph depicts. Two copies of each print shall be furnished to the Contracting Officer in accordance with the above requirements. Negatives from all of the above photographs shall be given to and become the property of the Government. No separate payment will be made for the above services and all costs in connection with these services shall be considered incidental to the overall costs of the project.

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