23B5021_REEF PHASE 2_SPECS_DRAFT.pdf

United States Army Corps of Engineers Norfolk District

LYNNHAVEN RIVER BASIN

ECOSYSTEM RESTORATION PROJECT

PHASE 2: REEF HABITAT CONSTRUCTION

Virginia Beach, VA

Specifications BCOES Submittal (updated)

May 2023

Prepared By:

United States Army Corps of Engineers Norfolk District Engineering and Construction Division Design Branch 803 Front Street Norfolk, VA 23510

DRAFT

1060_LRBER_PHASE2_REEF BCOES

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 14 00 12/16 WORK RESTRICTIONS

01 22 00 02/17 MEASUREMENT AND PAYMENT

01 31 19 02/17 PROJECT MEETINGS

01 32 01.00 10 02/15 PROJECT SCHEDULE

01 33 00 05/11 SUBMITTAL PROCEDURES

01 35 26 06/16 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 11/14 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 10/15 CONTRACTOR QUALITY CONTROL

01 45 00.10 10 09/15 QUALITY CONTROL SYSTEM (QCS)

01 50 00 06/16 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 20.00 10 09/15 ENVIRONMENTAL PROTECTION

01 57 30 10/15 ENVIRONMENTAL PERMIT WORK REQUIREMENTS

01 78 00 10/15 CONSTRUCTION DRAWINGS OF RECORD

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 05 02/21 STONE FOR REEF HABITAT

35 20 10 02/17 REEF HABITAT CONSTRUCTION

SUPPLEMENTAL APPENDIX

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 WORK COVERED BY CONTRACT DOCUMENTS

1.1.1 Project Description

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

a. Procurement, transportation and placement of reef substrate for reef habitat.

1.1.2 Location

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

The oyster shell material is located at Craney Island in Portsmouth, Virginia, as indicated in the construction plans.

1.2 TRANSPORTATION FACILITIES

The project location can only be accessed by water. Material and construction equipment will be transported to the project site by barge.

1.3 LOCATION OF UNDERGROUND UTILITIES

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

1.4 SPECIAL REQUIREMENTS FOR CRANEY ISLAND DREDGED MATERIAL MANAGEMENT AREA

All activities at Craney Island Dredged Material Management Area shall be conducted in accordance with "COMMANDER'S POLICY MEMORANDUM NUMBER WRD-01" which is available for review at the Craney Island Reservation Office.

Point of contact for review of the Regulation or to visit the site is Carlos Quinones, telephone (757) 484-1021. It is also included as a supplemental appendix at the end of these specifications.

1.4.1 Personnel Restrictions

Personnel working at Craney Island are limited to the immediate site areas

SECTION 01 11 00 Page 1 where work is performed and shall not enter buildings or facilities not involved in the work. All empployees of the Contractor will be subject to all the rules and regulations of Craney Island Dredged Material Management Area which pertain to personnel.

1.4.2 Transportation Restrictions

Craney Island is served by an all weather surfaced road network, except at the diked placement area which is compacted earth. Roads within the CIDMMA proposed to be used by the Contractor shall be subject to prior approval of the Facility Manager and such roads, if used, shall be maintained throughout construction and restored to as good condition as existed prior to their use. Other roads may be used only with the approval of the Facility Manager. The Contractor shall keep all roads free of mud and other foreign materials resulting from operations. All temporary construction shall be removed and the affected areas restored to their original condition. 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. Craney Island speed limits and traffic controls shall be observed. All costs for the use of existing transportation facilities, and for the removal of temporary construction and subsequent restoration, shall be borne by the Contractor.

1.5 COOPERATION WITH USING AGENCY AND 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. 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, it shall be brought to the attention of the Contracting Officer (CO), and the CO's decision shall be final. Also, prior to completion of work under this contract, members of the Using Agency may be performing work or occupying facilities on or adjacent to the area. The Contractor shall arrange his plant and shall schedule and perform this work while effectively cooperating with all other Contractors and Government agencies.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

SECTION 01 11 00 Page 2

SECTION 01 14 00

WORK RESTRICTIONS

12/16

PART 1 GENERAL

1.1 REFERENCES

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

CODE OF FEDERAL REGULATIONS (CFR)

33 USC CHAPTER 24 VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

CFR PART 156.120 OIL AND HAZARDOUS MATERIAL TRANSFER

OPERATIONS - Requirements for Transfer

1.2 SUBMITTALS

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

01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Qualifications of Surveyor; G

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

Site Access Plan; G

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

SECTION 01 14 00 Page 1

Pre-Placement Of Reef Substrate Survey

SD-05 Design Data

Interim Reef Placement Survey

SD-07 Certificates

Equipment and Machinery Operator Authorization

SD-11 Closeout Submittals

Post-Placement Of Reef Substrate Survey

1.3 SPECIAL WORK REQUIREMENTS

The work is to be performed in the vicinity of the Lynnhaven River Basin in Virginia Beach, Virginia. The contractor shall Notify U.S. Army Corps of Engineers, Norfolk District 10 days 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.

Work done by the Contractor must remain within the confines of the project easements. The Contractor must ensure adequate safety of site conditions for areas adjacent to the project.

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

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

1.3.1 Coordination

The Contractor is required to coordinate with the Contracting Officer's Representative (COR) and Government Biologist throughout all milestones at project location.

1.3.2 Site Access Plan

The Contractor shall only access the Lynnhaven site by water. Prior to construction, the Contractor shall submit a Site Access Plan detailing planned transit routes of all equipment to the reef construction areas.

The Site Access Plan must include at least one map showing the transit routes from storage and staging areas for the installation of the reef substrate. The plan must be approved by the Contracting Officer prior to construction activities occuring at the reef site.

SECTION 01 14 00 Page 2

1.3.3 Security and Public Safety of Work Areas

The work areas are accessible 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.

1.3.4 Noise Control and Abatement

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

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

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

1.3.5 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. This includes the Lynnhaven River Reef Laydown Area shown on the drawings. 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.

1.4 PHYSICAL DATA

1.4.1 Physical Conditions Information

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

1.4.2 Site Related Weather Conditions

The Contractor shall anticipate that severe weather conditions may occasionally interfere with the progress of work. Complete weather forecasts, records and reports may be obtained from the National Weather Service in Wakefield, Virginia, telephone (757) 899-4200, Menu selection service or operator assisted as applicable. The Contractor shall satisfy

SECTION 01 14 00 Page 3 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

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.

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

Government for any liability arising from, during, or in connection with

SECTION 01 14 00 Page 4 the performance of the contract, either to reefs or to the contractor's plant and equipment, if it is awarded the contract.

1.4.6 Protection of Existing and Constructed Oyster Reefs and Oyster Grounds

Reefs scheduled for construction, reefs to remain undisturbed, and leased and public oyster grounds are present in the project as depicted on the contract drawings and must be protected for the duration of the work. The locations shown for the oyster grounds are based on information furnished by the Virginia Marine Resources Commission. Additional oyster leases and public oyster grounds may be located along the haul route from the Lynnhaven River laydown area and the project site not shown on the plans.

The Contractor shall coordinate with the Contracting Officer prior to construction to ensure all work activities, including transport from the laydown area to the project, avoid existing oyster reefs and oyster grounds. In order to avoid damage to existing and constructed 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 reefs and grounds with plant shall be accomplished on high tide to the maximum extent practical.

1.5 LAYOUT OF WORK AND SURVEYS

1.5.1 General

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

The Contractor shall establish and maintain at his own expense, all markings of the reef habitat construction areas.

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

1.5.2 Electronic Survey and Positioning Systems

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

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

SECTION 01 14 00 Page 5

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

1.5.3 Pre-Placement Of Reef Substrate Survey, Interim Reef Placement Survey,and Post-Placement Of Reef Substrate Survey

The Contractor shall conduct Pre-Placement of Reef Substrate Survey, Interim Reef Placement Survey, and Post-Placement of Reef Substrate Survey, with accuracies equal to contract payment surveys as specified in the Project Classification Requirements as outlined in U.S. Army Corps of Engineers Hydrographic Survey Manual EM 1110-2-1003 and Topographic Survey Manual EM 1110-1-1005 .

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

The Contractor shall furnish the Contracting Officer plan view maps and cross-sectional profile maps and data of the construction area(s) and 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. At the reef habitat sites, the Contractor shall show the location of the reef substrate placed. All survey data and mapping shall be compiled and certified by the independent professional engineer or surveyor as specified and submitted as a completed Survey. The horizontal plane of reference for the surveys shall be the Virginia State Plane Coordinate System (South Zone), in U.S. Survey Feet, North American Datum of 1983 (NAD 83). This submittal shall be applicable to all submittals listed as Pre-Placement of Reef Substrate Survey, Interim Reef Placement Survey, and Post-Placement of Reef Substrate Survey.

The Interim Reef Placement Survey and the Post-Placement of Reef Substrate Survey shall be displayed on As-Built drawings. Refer to Section 01 78 00 Construction Drawings of Record. Refer to Section 35 20 10 Reef Habitat Construction for more information.

1.5.4 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 construction site, tidal values will be determined using tidal zoning values developed by NOS. Diagrams of Datums are also shown on the contract drawings.

1.5.4.1 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.

SECTION 01 14 00 Page 6

1.5.5 Use of Coast Guard Navigation Aid Structures

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

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

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

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

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

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

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

SECTION 01 14 00 Page 7

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 this prohibition is subject to the penalties under the referenced Acts.

1.7.3 FUEL OIL TRANSFER OPERATIONS

In accordance with U.S. Coast Guard regulations CFR PART 156.120 , couplings used in fuel oil transfer operations on any vessel with a capacity of 250 or more barrels of oil shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker operator shall be submitted to the Contracting Officer for each refueling operation.

1.8 SIGNAL LIGHTS

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

1.9 BRIDGE-TO-BRIDGE RADIO COMMUNICATION

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

1.9.1 Radio

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

SECTION 01 14 00 Page 8

1.10 CONTRACTOR'S NOTIFICATIONS

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

1.10.1 Miss Utility (va 811.com) Notification

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

The Contractor shall provide to the Government, in writing, all Ticket numbers, Miss Utility system responses and other information upon completion of the Contractor's notification process to Miss Utility prior to the start of work. Requirements of the law, procedures to followed by the Contractor and other pertinent information for the Contractor's use can be found at https://va811.com/laws-and-regulation/. Each "person" as defined in the Underground Utility Damage Prevention Act must provide their own notice of excavation. Subcontractors may not work under another company's ticket unless they are under the direct supervision of the company that provided the notice of excavation.

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

1.11 NOTIFICATION OF COAST GUARD

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

1.11.1 Local Notice To Mariners

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

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

The LNM is the primary means for disseminating information concerning aids to navigation, hazards to navigation, and other items of marine information of interest to mariners on the waters of the United States, SECTION 01 14 00 Page 9 its territories, and possessions. These notices are essential to all navigators for the purpose of keeping their charts, light lists, Coast Pilots and other nautical publications up-to-date. These notices are published weekly. They may be obtained free of charge, by making application to the Fifth Coast Guard District, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704.

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12.1 Costs

Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule", Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

1.12.2 Rentals

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

1.12.3 Data

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

1.13 ENVIRONMENTAL LITIGATION

1.13.1 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

SECTION 01 14 00 Page 10

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.

1.14 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.

1.15 PROFIT

1.15.1 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

SECTION 01 14 00 Page 11

1.15.2 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.

1.15.2.1 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.

1.15.2.2 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.

1.15.2.3 Size of Job

All work not in excess of $100,000 shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05.

1.15.2.4 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.

1.15.2.5 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.

1.15.2.6 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.

1.15.2.7 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

SECTION 01 14 00 Page 12 the work is performed by the Contractor's own forces.

1.16 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.

1.17 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 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)

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SECTION 01 14 00 Page 13

SECTION 01 22 00

MEASUREMENT AND PAYMENT

02/17

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

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 justify this portion of the bid. Failure to justify such

SECTION 01 22 00 Page 1 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.

1.2.2.3 Unit of Measure

Unit of measure: JOB.

1.2.3 Base Bid Item No. 0002 Reef Substrate Procurement and Placement

Payment to be made for all costs associated with reef substrate including procurement, staging, transporting and placement of crushed stone, fossilized shell & shell hash, surveying work, and including all other associated work as indicated and as specified in this contract. Area shown on construction drawings.

1.2.3.1 Unit of Measure

Unit of measure: JOB.

1.3 MISPLACED MATERIAL

Any material that is deposited elsewhere than in places designated in the limits shown on the plans or within the tolerances noted in 35 20 05 STONE FOR REEF HABITAT shall be removed and disposed of in an appropriate manner at no cost to the Government. All substrate shall be in the proper location before demobilization.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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SECTION 01 22 00 Page 2

SECTION 01 31 19

PROJECT MEETINGS

02/17

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 MEETING

1.2.1 Scheduling

After award of the construction contract and prior to the start of any construction work, the Contracting Officer Representative (COR) will schedule and conduct a preconstruction meeting. 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 meeting. This conference will be held at a location and time as specified by the COR.

1.2.2 Purpose

The purpose of this preconstruction meeting is to enable the COR 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 meeting 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 COR may include other Government personnel involved in the work to attend this meeting.

1.2.3 Discussion Items

The following is a list of items for discussion during the preconstruction meeting (kick-off meeting); however, the Contracting Officer may include additional items for discussion as conditions and the work require.

a. Authority of the Contracting Officer Representative (COR).

b. Contractor's Progress Schedule.

c. Correspondence Procedures.

d. Contractor Labor Standards Provisions.

SECTION 01 31 19 Page 1

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. Contractor Performance Evaluation.

o. Record of Construction Drawings.

p. Warranty of Construction and Single Point of Contact.

q. Turnover of Completed Facilities.

r. 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.

s. Contractor Required Notification Procedures

t. Contractor's Submittal Register

u. Contractor's Survey and Information Reporting Procedures

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

w. 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.

x. Site visit.

y. Environmental Permits.

1.3 OTHER MEETINGS

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

a. Contractor's Site Safety and Health Plan

SECTION 01 31 19 Page 2

b. Quality Control Plan

c. Environmental Protection Plan

1.4 MINUTES OF MEETINGS

The Government will prepare minutes of all meetings.

PART 2 PRODUCTS (THIS PART NOT USED)

PART 3 EXECUTION (THIS PART NOT USED)

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SECTION 01 31 19 Page 3

SECTION 01 32 01.00 10

PROJECT SCHEDULE

02/15

PART 1 GENERAL

1.1 REFERENCES

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

AACE INTERNATIONAL (AACE)

AACE 29R-03 (2011) Forensic Schedule Analysis

AACE 52R-06 (2006) Time Impact Analysis - As Applied in Construction

U.S. ARMY CORPS OF ENGINEERS (USACE)

ER 1-1-11 (1995) Administration -- Progress, Schedules, and Network Analysis Systems

1.2 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…