01 41 00 Regulatory Requirements.pdf

Vaults 60, 87 & ET Structural Repair and Grating Replacement

3930 REGULATORY REQUIREMENTS

REVISED 12/02/24 01 41 00 - 1

SECTION 01 41 00

REGULATORY REQUIREMENTS

PART 1 – GENERAL

1.01 SUMMARY

A. Section Includes: Information required for conformance to regulatory requirements as established by federal, state, and local agencies.

B. Includes requirement associated with Underground Utility Damage Prevention Act (T.C.A.

Section 65-31-101, et. seq., as amended) (hereafter the “UUDPA”).

C. Includes requirements related to the Code of Federal Regulations (CFR) Title 49 Transportation in reference to work performed on the natural gas system.

1.02 CODES

A. Comply with the requirements of the various codes referred to in these Contract Documents. Such codes shall be the date of the latest revision in effect at the time of receiving bids.

B. If there is a conflict between local, state, and/or Federal regulatory requirements, seek consultation with the Owner.

1.03 GENERAL REQUIREMENTS UUDPA

A. The Contractor represents and warrants that it is familiar with and will comply with the UUDPA. In addition to other remedies available to the Owner at law or pursuant to this Contract, failure by the Contractor to follow the requirements of the UUDPA and subsequent amendments in all respects shall be cause for immediate termination for cause of the Contract by the Owner.

B. In addition to requirements of the UUDPA, the Contractor acknowledges that the Work required by this Contract is, in general, near underground utility and other facilities, and the Contractor shall at all times protect and preserve all existing properties, works and structures of the existing power and light distribution system, telephone, telegraph and other signal systems, gas, water, sewer and other overhead and underground lines of every kind and character. The Contractor is solely responsible for exercising due diligence to identify and protect underground utilities and other facilities during the Work.

1. Damages Due to Dig-In or Other Actions by Contractor: Contractor shall be solely responsible for damages to properties incurred during performance of Work or any Work-related event including, but not limited to, damages that appear at a later date as a result of the Work. The Contractor shall at their own expense make restitution for damages to satisfaction of the owner of any utility, which has been damaged by the Contractor, or its agents, employees, or subcontractors. If while performing the Work, Contractor negligence in preventing damage to underground facilities is evident, the Contractor shall pay additional monetary damages per event, including but not limited

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to, any and all costs associated with repairing the damaged underground facilities, workplace safety fines as assessed by TOSHA, and other fines as are imposed under state law. In addition, if the property damaged is that of the Owner and the Owner finds the Contractor, its agents, employees or subcontractors at fault, the Contractor will pay Owner the cost of repairing its damaged facilities, including but not limited to the cost of repair, lost product, crew mobilization costs, and inspection costs. Owner, without limiting its other rights pursuant to this Contract or law, reserves the right to withhold contract payment otherwise due to Contractor under this Contract, any amount necessary to satisfy Contractor’s obligations to Owner under this part. The Owner also reserves the right to deduct any or all the damage related costs from the contract retainage. In the event remaining contract balance or contract retainage does not have sufficient funds to cover damage related costs, the Owner shall take whatever additional means are necessary to collect payment from the Contractor.

2. Lost Product Due to Dig-In or Other Actions by Contractor: As a result of a Dig-In by Contractor, Contractor shall be responsible for all lost product and costs associated with disruption of utility services to the properties incurred during the performance of Work or any work-related event including but not limited to loss of Natural Gas and loss of Potable Water. Contractor shall, at Contractor’s own expense, make restitution for lost product to satisfaction of respective utility owners, which has been damaged by the Contractor, or its agents, employees, or subcontractors.

3. Damage Reporting to Owner: Damages shall be documented and reported to Owner as follows using the Owner’s online damage reporting process.

4. Contractor shall follow the damage notification procedures specified herein in the event Contractor incurs damage to Owner assets or facilities, other utility provider’s assets or facilities, or third-party property. Contractor shall notify Owner’s System Operations department immediately (24/7, 365) when Contractor incurred damage occurs to Owner, or other utility providers or governmental agencies. Owner shall make its own repairs or coordinate the repairs at expense of the Contractor in accordance with terms and conditions of the Contract. Contractor shall not self-repair its damages to Owner assets or facilities or other utility provider’s assets or facilities unless directed in writing by Owner.

5. Contractor is responsible for fully completing repairs of its damages to third party property in accordance with terms and Conditions of the Contract.

6. Following damage event, the Contractor is responsible for completing a Contractor Damage Report and submitting it to Owner by the end of the next business day.

7. For Contractor responsible damages occurring while performing work for Owner, proceed in order as follows:

a. Classify damage as Owner, other utility provider, governmental agency, or third party.

1) For damages to Owner or other utility provider or governmental agency, contact Owner’s System Operations dispatcher immediately at (865) 558-2223 and then proceed to Step 2.

2) For third party damages proceed directly to Step 2.

b. Prepare and Submit the Damage Report.

1) Access Owner’s web site at www.kub.org (must be full site, not mobile site).

2) Click on the Procurement hyperlink at top or bottom of page.

3) From left-hand menu, select and open the Contractor Damage Report form.

4) Complete and submit the Contractor Damage Report form and include photographs of the damage.

c. Repair Third Party Damages. If damage was to third party, coordinate repairs with affected party.

http://www.kub.org/

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1) If damage was to water line proceed to Step 4.

2) For damages other than water lines, skip to Step 5.

d. Third Party Water Line Repair Procedures. When repairing a third-party water line the following steps, as a minimum, must be completed:

1) Inspect replacement materials to ensure integrity.

2) Prevent contaminating material from entering water line during storage, construction, and repair.

3) With the customer’s permission, use an outside spigot, tap on the line, or internal plumbing that won’t cause damage to other fixtures, to flush the line with disinfected water.

4) Flushing the line will ensure water quality as well as remove air and discoloration.

5) If the situation dictates that additional steps are necessary, refer to Section 33 01 10.58, Disinfection of Water Piping and Section 33 14 33, Reduced-Pressure Zone Backflow Preventers available upon request) and work with Project RPR or Inspector to ensure water quality is restored.

e. Damage Reporting Form Submittal. Electronic online submittal is preferred. If the form cannot be submitted online, a hard copy with all required documentation must be submitted by the end of the next business day to Owner’s Customer Support Department.

C. It shall be the Contractor’s sole responsibility to ensure it is in full compliance with the UUDPA before excavation begins.

1. Non-UUDPA Compliant Excavations: If a Contractor or subcontractor is found to be performing excavations and does not have a valid one call ticket then Owner shall take the following actions:

a. For the first instance occurring within the previous twelve (12) months: Contractor (and

Subcontractors as applicable) shall attend Owner’s sponsored training at Contractor’s expense.

Training may include a combination of classroom and field exercises up to but not to exceed 8 hours. Contractor and excavator shall attend the training. Training shall occur within 5 business days. It is the responsibility of the Contractor to schedule training with Owner within 48 hours of the occurrence. Person(s) absent from training shall provide notification to Owner and will be required to submit a physician’s note, jury duty note, or equivalent documentation. It is the responsibility of the Contractor to reschedule training within 48 hours after notice of absence is provided. Failure to attend training, supply adequate notice and documentation, or reschedule training within the allotted time will result in an automatic second offense for the Contractor and excavator.

b. For second and subsequent instances occurring within previous twelve (12) months:

1) If occurrence is second or greater by the Contractor then, at Owner’s sole discretion, Contractor’s bond shall be notified regarding serious non-performance issue. Owner reserves their rights without prejudice, to take action that it is contractually allowed to do in its best interest.

2) If occurrence is second or greater by the Subcontractor then, at Owner’s sole discretion, Subcontractor shall be immediately removed from the project.

c. Non-UUDPA Compliant excavations include but are not limited to:

1) Any excavation without a Tennessee One Call (TOC) ticket.

2) Any excavation with an expired Tennessee One Call (TOC) ticket.

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3) Any excavation performed outside of the “Location Information (Remarks)” on a Tennessee One Call (TOC) ticket.

D. The Owner is not responsible for monetary or other damages or for delays in the Contractor’s work resulting from “dig-ins” or damage to adjacent utilities or underground structures which occur because of no marks or miss marks of adjacent utilities. The Contractor is solely responsible for filing a claim for any damages with the entity responsible for the marking of adjacent utilities. If claim is denied and the locating entity has provided sufficient evidence that the utilities were marked to the best of their ability using the information provided and/or available to them, then the Contractor has no recourse for further claims of delay or damages. Furthermore, the Contractor is solely responsible for exercising due diligence in the identification of and protection of said adjacent utilities during the Work.

E. Contractor found in violation of this section who fails to satisfy fines or damages levied pursuant to the Underground Utility Damage Prevention Act or fails to pay restitution of damages and/or assessments could be ineligible to bid on or be awarded future contracts with the Owner.

F. In addition to any other remedy provided by the Contractor at law or pursuant to this Contract, the Contractor will indemnify, protect, and hold harmless the Owner for any and all claims that may be made against the Owner as a result of damages to utilities and other facilities by the Contractor, its agents, employees or subcontractors, specifically including but not limited to claims for costs to repair damaged utility and other facilities, and any fines or assessments by local, state, or federal authorities as a result of damage to utilities and other facilities.

1.04 GENERAL REQUIREMENTS CFR 49

A. The Contractor must meet necessary requirements of CFR 49 Part 192, Subpart E and Subpart N related to natural gas work as well as CFR 49 Part 199, including but not limited to Drug and Alcohol Testing, Operator Qualification, Fusion Qualification, and Welder Certification. As prerequisite requirement to the Owner executing an Agreement, the Contractor shall furnish a list of crew members that will be specifically assigned to the Work and evidence of their qualifications and compliance under required programs. Unqualified crewmembers will be qualified or replaced at expense of the Contractor. The Contractor may be subject to penalties that could include termination of the Agreement as determined by the Owner for having crewmembers performing tasks in which they are not qualified to perform.

B. For the most current Operator Qualification status checks of Contractor or Contractor employees to be performed, the Contractor must comply with 49 CFR Part 192, Subparts E and N using one of the three options listed below:

1. Be subscriber of OQ plan provider that Owner currently has subscription or contract with Energy Worldnet.

2. Use their own Operator Qualification plan that has been approved by Owner’s Safety and Technical Services department.

3. Use third-party Operator Qualification plan that has been approved by Owner’s Safety and Regulatory Services department.

C. The Contractor shall have all documentation demonstrating that personnel performing covered OQ tasks are qualified to perform such tasks as well as meet the DOT OQ Standards and have that documentation electronically accessible by the Owner within ten (10) business days after receiving the Notice of Award.

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The Owner may consider the Contractor in default if this documentation is not received or electronically available within ten (10) business days after receiving the Contractor receives the Notice of Award.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION

e. Damage Reporting Form Submittal. Electronic online submittal is preferred. If the form cannot be submitted online, a hard copy with all required documentation must be submitted by the end of the next business day to Owner’s Customer Support Departm...

C. The Contractor shall have all documentation demonstrating that personnel performing covered OQ tasks are qualified to perform such tasks as well as meet the DOT OQ Standards and have that documentation electronically accessible by the Owner within ...