Advertisement Specifications.pdf

Ed 20-009

W912P8-20-B-0054

US Army Corps of Engineers New Orleans District

Flood Control, Comite River, Louisiana, Comite River Basin, Comite River Diversion Project, McHugh Road Bridge

East Baton Rouge Parish, Louisiana

Construction Specifications

October 2020

01100-a ED 20-009

Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 1

2. DAMAGE TO WORK 2

3. SAFETY PROVISIONS 2

4. INSPECTOR'S FIELD OFFICE 7

5. PROJECT SIGN 9

6. RIGHTS-OF-WAY 9

7. CERTIFICATES OF COMPLIANCE 10

8. ENVIRONMENTAL LITIGATION 11

9. UTILITIES AND IMPROVEMENTS 11

10. PERMISSIBLE HOURS OF WORK 23

11. AGGREGATE SOURCES 23

12. STONE SOURCES 25

13. FORMAT OF SURVEYS 26

14. PROJECT BENCHMARKS 27

15. ELEVATION VERIFICATION SURVEYS 28

16. BASELINE RE-ESTABLISHMENT ALIGNMENT LAYOUT 29

17. COMMERCIAL WARRANTY 29

18. ACCESS PLAN 29

19. PAYMENT FOR MATERIALS STORED OFFSITE 30

20. FIELD VERIFICATION OF UTILITY LOCATIONS 30

21. VIDEO AND PHOTOGRAPHIC DOCUMENTATION 30

22. COORDINATION WITH LOCAL INTERESTS 31

23. STAGING 32

24. AVAILABILITY/ USE OF UTILITY SERVICES 32

25. SECURITY REQUIREMENTS 32

26. JOINT RISK MANAGEMENT 32

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SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause in Section 00700, entitled Default (Fixed Price Construction) (FAR 52.249-10). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

(1) 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.

(2) 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.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) for temperature, precipitation and wet ground conditions 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. Also considered in the chart below was wind, fog, high or low tides, etc.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON (7) DAY WORK WEEK

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

(c) Upon receipt of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), and shall be calculated chronologically from the first to the last day of each month, and shall be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in

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paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract Clause in Section 00700, entitled DEFAULT (FIXED PRICE CONSTRUCTION) (FAR 52.249-10).

2. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause in Section 00700, entitled PERMITS AND RESPONSIBILITIES (FAR 52.236-7). However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit price or job prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or job prices applicable to any part of such work, an equitable adjustment shall be made pursuant to the Contract Clause in Section 00700, entitled CHANGES (FAR 52.243-4). Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

3. SAFETY PROVISIONS

The safety provisions as specified herein refer to the November 2014 edition of EM 385-1-1. The current document can be found at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

(a) Accident Reporting and Recordkeeping. Refer to EM 385- 1-1, Section 01.D.

Reports shall be submitted on ENG Form 3394. Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his/her representative within one working day after the accident occurs. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.

(b) Accident Prevention Plan (APP). (See the Contract Clause in Section 00700, entitled ACCIDENT PREVENTION (FAR 52.236-13).) Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, four copies of the Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance. The plan shall be prepared in the following format:

(1) Executed CESO Form A-02, Accident Prevention Plan Checklist (the “fillable form” can be obtained from:

http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf

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1,%202014%20Sections/Checklists/CESO%20Checklist%20A- 02%20Accident%20Prevention%20Plan.pdf) The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A of EM 385-1-1 in the order that they are provided in the manual. If an item is not applicable because of the nature of the work to be performed, the Contractor shall state this exception and provide a justification.

(2) Activity Hazard Analysis (AHA) Form, Figure 1-2 in Section 1 “Program Management” of EM 385-1-1 (Nov 2014).

(3) A copy of company policy statement regarding accident prevention.

(4) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be included on MVN Form 385-10 (Latest Edition), Fuel Oil Transfer (attached at the end of this section), (Refer to

33 CFR 156).

(5) EM-385-1-1 01.A.14, subparagraph requires a hazard analysis for all features of work. For this contract, these hazard analyses shall be submitted with the rest of the APP for review before work begins. Hazard analysis may be refined and resubmitted at a later date if the Contractor chooses.

The Contractor shall have on the construction site during working hours a trained Site Safety and Health Officer (SSHO) in accordance with paragraph 01.A.17 of EM 385-1-1. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the plan. The Contractor may submit its Accident Prevention Plan only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of

EM 385-1-1.

(c) Comprehensive Hazard Communication Program. The Contractor shall develop, implement, and maintain at the workplace a written, Comprehensive Hazard Communication Program (see Section 06.B.01 of EM 385-1-1) that includes identification of potential hazards as prescribed in 29 CFR Part

1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Safety Data Sheets, and employee training program, and other criteria in accordance with 29 CFR Part 1910.1200 and/or 1926.59. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios or other means), and training in the use and understanding of safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf

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substances, as defined in 29 CFR 1910.1200 and/or 1926.59, onto the job site, a copy of the Hazard Communication Program and the Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made available to the Contractor's employees as part of its Accident Prevention Plan. A site map shall be attached to the inventory showing where the inventoried hazardous substances are stored. The inventory list and site map shall be updated monthly to assure accuracy. The Contractor shall note that “Safety Data Sheets (SDS) has replaced Material Safety Data Sheets (MSDS)” referenced in Section 06.B.01 of EM 385-1-1 meeting the criteria of the new OSHA globally harmonized system.

(d) Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite in accordance with Section 01 45

04.00 10, "CONTRACTOR QUALITY CONTROL". The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

(1) Phase(s) of construction underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

(e) Safety Sign. The Contractor shall furnish, erect, and maintain a safety sign at the site where indicated by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing included at the end of this section. The lettering shall be black, the safety circle and cross green, and the background white. When placed on a floating plant, the sign may be half size.

The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The sign coordinator is Mary H. Ferry@ 504.862.2000.

(f) Ground Fault Protection. Electrical equipment used on this contract shall be equipped with ground fault circuit interrupters in accordance with EM 385-1-1, Section 11.D.05.

(g) Haul Roads. Whenever practical, one-way haul roads shall be used on this contract. Haul roads built and maintained for this work shall comply with the following:

(1) One-way haul roads for off-the-road equipment; e.g., belly dumps, scrapers, and off-the-road trucks shall have a minimum usable width of 25-feet. One-way haul roads for over-the- road haulage equipment only

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(e.g., dump trucks, etc.) may be reduced to a usable width of 15-feet.

When the Contracting Officer determines that it is impractical to obtain the required width for one-way haul roads (e.g., a road on top of a levee), a usable width of not less than 10-feet may be approved by the Contracting Officer, provided a positive means of traffic control is implemented. Such positive means shall be signs, signals, and/or signalmen and an effective means of speed control.

(2) Two-way haul roads for off-the-road haulage equipment shall have a usable width of 60-feet. Two-way haul roads for over-the-road haulage equipment only may be reduced to a usable width of 30-feet.

(3) Haul roads shall be graded and otherwise maintained to keep the surface free from potholes, ruts, and similar conditions that could result in unsafe operation.

(4) Grades and curves shall allow a minimum sight distance of 200-feet for one-way roads and 300-feet for two-way roads. Sight distance is defined as the centerline distance an equipment operator (4.5-feet above the road surface) can see an object 4.5-feet above the road surface.

When conditions make it impractical to obtain the required sight distance (e.g., ramps over levees), a positive means of traffic control shall be implemented.

(5) Dust abatement shall permit observation of objects on the roadway at a minimum distance of 300-feet.

(6) Haul roads shall have the edges of the usable portion marked with posts at intervals of 50-feet on curves and 200-feet maximum elsewhere.

Such markers shall extend 6-feet above the road surface and, for nighttime haulage, be provided with reflectors in both directions.

(h) Safety Fence. The Contractor shall provide, erect, and maintain a temporary safety fence parallel along McHugh Road and the worksite. The fabric for the safety fence shall be zinc coated hog wire mesh at least 47 inches high. Posts shall be round wood posts (3 1/2 inches in diameter, and shall be at least 6 1/2 feet long, 3 1/2 inches in diameter, and may be untreated. Posts shall extend at least 48 inches above ground and shall be spaced at 10 feet on center. Swing gates shall be at least 12 feet wide by 47 inches high. The swing gate frame shall be fabricated of either 1-3/8-inch O.D. tubular steel, or 1/4-inch angle iron brace with an adjustable brace wire to prevent sagging. Gates shall be fitted with hinges and shall be supported by 1-3/8- inch O.D. tubular steel posts embedded in 3-feet of concrete. The fabric from the gates shall be the same as that for the fence. All gates shall be closed and padlocked at the end of each work day.

When necessary, an owner of a facility located within the limits of work will obtain keys from the levee district. The Contractor shall provide and maintain on the

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fence "NO TRESPASSING" signs every 100 feet facing out from the work.

Details of the safety fencing and location shall be submitted to the Contracting Officer for approval. No separate measurement or payment will be made for this work. Payment for all work associated with the safety fence shall be distributed amongst the existing bid items.

(i) Hurricane Plan. A detailed plan for protection and evacuation of personnel and the construction site, in the event of an impending hurricane or storm, is required as an enclosure to the Contractor's Accident Prevention Plan. This plan shall be submitted to the Contracting Officer, or his/her representative, for review prior to the preconstruction conference. No separate measurement or payment will be made for the Hurricane Plan. Payment shall be distributed amongst the existing bid items. The Hurricane Plan shall include at least the following:

(1) The time each phase of the plan will be put in effect. The time shall be the number of hours remaining for the storm to reach the worksite if it continues at the predicted speed and direction.

(2) The estimated time necessary to secure and evacuate the site including any emergency flood protection.

(j) Hazardous Energy Protection. The Contractor shall develop, implement and maintain at the workplace, a written Control of Hazardous Energy (Lockout/Tagout) System. Refer to Section 12 of EM 385-1-1.

(k) Cranes. The Contractor (including subcontractors) shall have cage boom guards, insulating links, or proximity warning devices on cranes that will be working adjacent to power lines. These devices shall not alter the requirements of any other regulation of this part - even if such device is required by law or other regulation. Insulating links shall be capable of withstanding a 1-minute dry low frequency dielectric test of 50,000 volts, alternating current (EM 385-1-1, Section 11.F.08). Calibration records or stamped date of required manufacturer inspection of proximity warning devices shall be kept on the crane. Additionally, prior to any work commencing an Activity Hazard Analysis (EM 385-1-1, Fig.1-2) identifying and satisfying EM 385-1-1, Section 11.A.02, 11.F.03, 11.F.04, 11.F.05, and Table 11-1 requirements shall be submitted and accepted by the Contracting Officer.

(l) Site Safety and Health Officer (SSHO). The Contractor shall have a qualified Site Safety and Health Officer (SSHO) on the construction site at all times that work is being performed to manage the Contractor’s Accident Prevention Plan.

The SSHO shall be a full time responsibility. (see EM 385-1-1, paragraph 01.A.17). The person(s), as a minimum, shall have completed the 30-hour OSHA Construction Industry Safety Class (may be web based training if the student is able to directly ask questions of the instructor by chat / phone) or an equivalent course (see Appendix A, paragraph 3.d.(3)) applicable to the work to

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be performed, and given by a qualified instructor. Such training shall have been completed within the last three (3) years. SSHO’s shall maintain competency through taking 8 hours of documented formal, on-line, or self-study safety and health coursework every year. For projects with multiple shifts, an alternate SSHO shall be assigned to assure coverage of the project during all working hours. Alternate SSHO’s (as listed in the Contractor’s APP) must meet the same requirements as the primary SSHO. Alternate SSHO’s may hold other positions when not functioning as an SSHO.

4. INSPECTOR'S FIELD OFFICE

(a) The Contractor shall furnish, throughout the contract period, for the exclusive use of the Government employees, a temporary waterproof building, or trailer, to be utilized as a field office. It shall be conveniently located at the site of construction and shall be independent of any building, or trailer, used by the Contractor. Toilet facilities and potable water, including bottled water with water cooler, shall be provided within the Inspector's office. It shall be equipped with approved electrical wiring, private telephone service, a telephone answering machine, and a fax / copier / printer machine. The Contractor shall supply 11x17 and 8 1/2x11 sized copy paper, ink/toner and repair service for the fax / copier / printer machine. It shall be equipped with ceiling lamps, double convenience outlets, and the required switches and fuses, to provide 110-volt power for lighting and operating a laptop computer and printer. It shall be equipped with an air conditioning unit to provide cooling in warm or hot weather, and a heater, properly installed and vented in accordance with the National Fire Protection Association Code, for heating in cold weather, as required. The Contractor shall make the necessary arrangements to obtain or to generate the power required to operate the air conditioning unit, lights, and laptop computer and printer, and the power or fuel required for the heater, and shall bear the cost thereof. A drafting table providing a working surface having dimensions of at least 4-feet by 6-feet (which may consist of a piece of plywood, at least 3/4-inch thick, hinged to a wall of the building with hinged legs) shall be installed in the building. The building shall have a built-in locker, extending from the floor to the ceiling, having dimensions of at least 2- feet by 5-feet, with a shelf 12-inch from the top, and one door equipped with two hinges, a hasp and a padlock. All exterior doors and window frames of the building shall be equipped with iron security guards. The door shall also be equipped with butt hinges and a cylinder lock. One draftsman's stool, two strong chairs and two desks shall be provided. The building or trailer shall conform to the following minimum requirements:

Ceiling height, not less than 6-feet 9-inches Floor space, no less than 480square feet

Windows, not less than 4

Doors, outside 2

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Rooms 3

Ceiling lamp receptacles 3

Double convenience outlets 3

Screens over windows; walls and ceilings shall be insulated; and interior walls finished.

(b) The building, or trailer, shall be removed by the Contractor after completion of all work under this contract and before final acceptance thereof. No separate payment will be made for furnishing, maintaining, providing the prescribed utilities, and removing the inspector's field office, but the cost of the same shall be distributed throughout the existing bid items. In the event the Contractor fails to furnish the required facilities, the Government may elect to procure the required facilities and deduct all costs from amounts due or to become due under this contract.

(c) The Contractor shall provide daily janitorial services for this and other buildings at the site throughout the life of the contract. The cost of this service shall be distributed throughout the existing bid items and there shall be no separate payment.

(d) The Contractor shall provide the inspector’s field office with a hard line broadband high speed internet service and associated equipment for the exclusive use of the Government. If this service is not practical at the jobsite, the Contractor may instead provide the inspector’s field office with a cellular wireless Broadband / WiFi 802.11n capable router that accepts cellular data signals through Express Card / Air Card or USB modems. This service must be capable of providing adequate connection to allow the inspectors to import/export files through RMS. The Contractor must field verify that the service provider chosen has adequate continuous coverage at the construction site. This service shall provide a minimum download speed of 10 Mbps and a minimum upload speed of

1.5 Mbps. The Contractor shall be responsible for the installation, the maintenance of, and the monthly service fees necessary to provide continuous high speed internet service for the duration of the contract.

(e) The parking lot outside the inspector's trailer and the driveway to the inspector's trailer shall be maintained with a 3-inch layer of crushed stone on top of separator fabric to accommodate 5 parking spaces for Government vehicles.

The stone surfacing and separator fabric shall be removed, disposed of offsite, and the site shall be restored to preconstruction conditions upon contract completion. The surfacing material, separator fabric and turf establishment shall meet the requirements of Section 32 15 00.00 12 “AGGREGATE SURFACING,” Section 31 05 19.04 12 “SEPARATOR GEOTEXTILES,” and Section 32 92

19.04 12 “TURF ESTABLISHMENT AND MAINTENANCE”. No separate payment will be made for furnishing, maintaining, surfacing material, and

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separator fabric for the parking lot; the costs shall be distributed throughout the existing bid items. Measurement and payment for the turf establishment shall be included in the applicable contract unit prices as specified in Section 32 92 19.04

12 “TURF ESTABLISHMENT AND MAINTENANCE.”

(f) The Government and Contractor’s field offices shall be placed within the location designated as a staging area within the Limits of Construction (LOC).

5. PROJECT SIGN

Prior to commencement of work, the Contractor shall construct a project sign at the site of the work at a location directed by the Contracting Officer. The sign, which will identify the work with the Corps of Engineers shall be 4 feet by 6 feet in size and shall conform to the requirements of the PROJECT SIGN drawing and installation instructions attached at the end of this section. The lettering for the 2 feet by 4 feet section of the sign with the Corps logo shall be white; all other lettering shall be black.

Lettering for the project name shall be Helvetica Bold, all other lettering shall be Helvetica Regular. The sign coordinator is Mary H. Ferry @ 504.862.2000. No separate payment will be made for construction and erection of the project sign and all costs in connection therewith will be considered an incidental obligation of the Contractor. Upon completion of the work, the sign shall become the property of the Contractor and shall be removed from the job site.

6. RIGHTS-OF-WAY

a. The rights of entry required for the work to be constructed under this contract, within the rights-of-way limits indicated on the drawings, have been obtained by the Government and are provided without cost to the Contractor. The Contractor shall make its own investigations to determine the conditions, restrictions, and difficulties that may be encountered in the transportation of equipment and material to and from the work site. The proposed work, including rights-of-way, as defined by these specifications and as shown on the drawings, is in compliance with all applicable Federal and state environmental laws and regulations. Upon completion of the Contractor’s work, rights-of-way furnished by the Government shall be returned to its original condition prior to construction unless otherwise noted.

b. If the Contractor proposes a deviation from the Government furnished rights-of-way for his convenience, the Contractor shall notify the Contracting Officer or its representative in writing. Contractor shall not provide any permanent rights-of-way for the project. The Contractor is cautioned that any deviation to the Government furnished rights-of-way is subject to all applicable Federal and state environmental laws and regulations. Compliance with these environmental laws and regulations may require additional National Environmental Policy Act (NEPA) documents, cultural resources surveys, coordination with the Louisiana State Historical Preservation Officer, water quality certification, modification of the

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Federal consistency determination, etc. The Government is ultimately responsible for environmental compliance; therefore, the Government will determine the additional environmental coordination and documentation necessary for a proposed deviation to the Government furnished rights-of-way.

For any environmental investigations the Government is to perform on areas outside of Government furnished rights-of-way, the Contractor shall provide sufficient rights of entry to the Government. The Contracting Officer will advise the Contractor of the additional environmental coordination and documentation that must be completed. The Government shall be responsible for any additional environmental compliance; however, the Contractor may conduct specific tasks identified by the Government. The Government will offer advice and assistance to the Contractor in conducting these tasks. Depending on the environmental impact of the proposed deviation, obtaining the coordination and documentation may not be approved or could take as much as 180 days for approval by the Government. The Government must review, approve and ensure distribution of all environmental compliance documentation and ensure all comments on the same have been resolved before any utilization of any areas outside of the Government furnished rights-of-way. The Contractor shall reimburse the Government for actual expenses incurred for assistance in completing or attempting to complete additional environmental coordination and documentation, which expenses will not exceed one hundred thousand ($100,000) dollars. There is no guarantee that environmental compliance will be obtained; therefore, the Contractor shall assume all risks and liabilities associated with pursuing a deviation. Any delays resulting from the deviation and/or the environmental coordination and documentation shall not be made the basis of any Contractor claim for increase in the contract cost and/or increase in contract time. Deviations will be at Contractor’s sole risk and liability, including, but not limited to, such liabilities associated with items such as hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et. seq.), and at no cost to the Government. Government assistance in obtaining additional environmental clearances does not relieve the Contractor of responsibility for complying with other Federal, state or local licenses and permits.

7. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet specified requirements.

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8. ENVIRONMENTAL LITIGATION

(a) The term "environmental litigation", as used herein, means a lawsuit alleging that the work has 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.

(b) 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 above, 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 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 this contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer under the Contract Clause in Section 00700, entitled SUSPENSION OF WORK (FAR 52.242-14). 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.

9. UTILITIES AND IMPROVEMENTS

(a) All known utilities within the limits of the work, such as pipes, communication lines, power lines, etc., that would interfere with construction work will be removed, modified or relocated by local interests or utility companies at no cost to the Contractor unless otherwise noted in the plans and/or specifications. The Contractor, however, shall cooperate with the authorities or company representatives and shall conduct his/her operations in such manner as to result in a minimum of inconveniences to the owners of said utilities. The Contractor shall notify each utility owner by certified mail 45 days, 15 days, and again 72 hours prior to the date utilities must be moved or when prosecution of the work may affect them. The Contractor shall provide a copy of these notifications to the Contracting Officer.

(b) Any unidentified pipes or structures which may be found within the limits of the work during the course of construction shall not be disturbed nor shall construction or excavation be performed at these locations unless and until approved by the Contracting Officer.

(c) Notices to Owners and Authorities. The Contractor shall notify owners of utilities when prosecution of the work may affect them. When it is necessary to temporarily disconnect utility services, the Contractor shall give notices sufficiently in advance to enable the affected persons to provide for their needs.

Notices shall conform to any applicable local ordinance and, whether delivered

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orally or in writing, shall include appropriate information concerning the interruptions and instructions on how to limit their inconvenience. Utilities and other concerned agencies shall be contacted at least 48 hours (excluding Saturdays, Sundays and legal holidays) prior to cutting or closing streets or other traffic areas or excavating near underground utilities or pole lines. Points of contract are given in the table at the end of this paragraph.

(d) The Contractor shall contact Louisiana One Call prior to mobilization to the project site at 1-800-273-3020.

(e) Electric Distribution Lines (DEMCO). While constructing the project, the Contractor will be working near, and under DEMCO overhead power lines. The Contractor shall contact DEMCO prior to start of construction to coordinate all construction work with DEMCO in order to ensure safety. DEMCO will be removing their distribution line and poles from the required rights of way on the north and side of the project. DEMCO on the north side of the project will need to raise the power line that crosses McHugh Road to supply power to the Energy Transfer/City of Zackary natural gas valve station.

(1) The Contractor shall maintain a minimum distance from all power lines as required by NEC, DEMCO, and EM 385-1-1. The Contractor shall determine the maximum height and reach attainable by any part of any piece of equipment, and after coordinating with DEMCO to determine the height and location of the power line, shall determine if the required clearance will be violated. The Contractor shall not work within the required clearance of the lines unless the lines are de-energized. If the clearance will be violated, prior to beginning any operations in the area, the Contractor shall coordinate with DEMCO to de-energize the line. If the line is to be de-energized but is to remain in place, rather than being removed, the Contractor shall establish a procedure with DEMCO to ensure that the Contractor shall have sufficient notice to allow removal of all equipment which may violate the required clearance from the area prior to the line being re-energized.

(2) It shall be the Contractor's sole duty and responsibility to provide for the safety of his/her men, equipment, subcontractors and the general public during operations in the vicinity of overhead and underground power lines; and to assure that all of his/her operations and those of his employees and subcontractors comply with OSHA, EM 385-1-1, the National Electric Safety Code, and all applicable Parish, State and Federal codes and regulations.

(f) The utility dispositions and contacts are as shown below.

1. ITEM G1 – Energy Transfer- 24” Dia Steel HP Gas and ITEM G2 – Energy Transfer- 30” Dia Steel HP Gas

01100-13 ED 20-009

NOTE: The phrase, "Energy Transfer Facility", "Energy Transfer Pipeline", "Energy Transfer representative", and "Energy Transfer Company" in the requirements 1 through 24 below, refer to the Energy Transfer 30" Dia. Steel HP Gas Pipelines.

DISPOSITION: These pipelines shall not be disturbed. The Energy transfer pipelines shall not to be disturbed. The majority of the pipeline ROW is marked as a “No Work Zone”. There is a small area on the west side of McHugh Road where a drainage ditch crosses over the Energy pipelines and is marked as a temporary “No Work Zone”. The Government will obtain ROE from the pipeline owner prior to constructing the final ditch. However, the Contractor shall adhere to the requirements as follows:

(1) The Contractor shall provide a minimum of forty-eight (48) hour notice to Energy Transfer, prior to any installation, construction, excavation, or demolition work within the easement area, the Contractor shall also call appropriate LOUISIANA ONE CALL or 811 center at least 48 hours prior to any excavation activities. An Energy Transfer representative must be present when any work is done on the easement area. The Contracting Officer’s representative will have the authority to shutdown work by the Contractor if his/her activities are judged to be unsafe by the Energy Transfer representative. The Energy Transfer representative shall be invited to participate in the Contractor’s safety meetings. This provision applies each time the Energy Transfer pipeline facilities are crossed.

(2) Normal ground cover (a minimum of three feet (3’) of pipeline cover) shall be maintained by the Contractor over the subsurface pipeline facilities within the easement area.

(3) Structures shall not be erected within, above, or below the pipeline easement with underground supports, foundations, or anchors. No apparatus will be allowed on the easement that obstructs the line-of-sight vision from ground level.

(4) For vehicles and/or construction equipment requesting approval to cross an Energy Transfer facility, each crossing location will be reviewed on a case-by-case, site specific basis, which will include a wheel load calculation to be completed and approved on every vehicle and/or construction equipment crossing a company facility.

Three feet (3’) of minimum cover will also be required over the Energy Transfer pipeline facilities at all equipment crossings for standard TX/LADOT maximum axle load vehicles (20,000 lbs. per

01100-14 ED 20-009

axle). On occasion, matting or other suitable material will be required to be installed so to achieve the necessary support for such crossing. This too will be site specific and case-by-case only.

(5) Any public road proposal or modification to existing roadway must be approved by the Energy Transfer before construction, to determine the possible need for pipeline alterations to comply with Federal and State regulations.

(6) For proposed road/drive crossings Energy Transfer will determine if the existing pipe is adequate for the new conditions.

Including protection of the pipelines, from imposed conditions caused by soil overburden and superimposed loading due to traffic.

Load calculations must be performed to verify these conditions.

Where consent for roadway crossing has been granted, a minimum of forty-two inches (42”) of cover, including thirty-six (36”) of undisturbed or compacted soil, shall be maintained within the easement area. Roadways crossing the pipeline shall be near right angles.

Note: If the Energy Transfer is required to perform maintenance on the pipelines, the Contractor will be responsible for the cost of road/drive replacement).

(7) Where the encroachment includes utilities, all such utilities crossing the basement area must have a minimum separation of twenty four inches (24”) between the utility and the company pipeline(s) at the point of crossing and must cross at 90 degree angle (open cut excavations). No utilities shall be constructed between the surface of the easement area and the top of the subsurface pipeline facilities. When the pipeline is unreasonably deep permission may be granted to cross over the pipeline with twenty-four inches (24”) of clearance. Above ground utilities shall be constructed above the easement area with a minimum of twenty-five feet (25’) clearance to grade.

(8) No parallel utilities are permitted within Energy Transfer’s rights-of-way.

(9) Berms or temporary spoil piles are not permitted within Energy Transfer’s rights-of-way.

(10) At no time will storage be allowed over the pipeline(s) within the Energy Transfer’s rights-of-way.

01100-15 ED 20-009

(11) Where consent for fencing has been granted, the Contractor shall install and maintain a vehicle access gate at least twelve feet (12’) in width at each point in the fence line(s) crossing the easement area. Posthole excavations for fencing on the easement area shall not be greater than eighteen inches (18”) below the ground surface elevation. No fence posts shall be placed over the pipeline facilities of closer than five feet (5’) on either side of the pipeline facilities. Any such fence shall be constructed and maintained by the Contractor in such a manner that does not prevent Energy Transfer personnel from viewing the easement area from the ground level through the fence(s) (i.e. no solid fences allowed). No fencing parallel to the Energy Transfer utility company pipeline facilities will be allowed within the easement area. Energy Transfer access to its pipeline facilities shall be maintained by the Contractor. If the gate is locked with the Contractors lock, the Contractor shall provide Energy Transfer with keys or allow an Energy Transfer lock to be installed in series to enable access.

(12) No above or below ground utility appurtenance, junction boxes or retention ponds are allowed within the easement area.

(13) No roto-mixing or vibrating machinery is allowed within the easement area.

(14) All pile driving operations within 20’ of an Energy Transfer pipeline/facility or adjacent to an Energy Transfer easement will be required to pre-drill or auger all pilings to 3’ below the bottom elevation of the pipeline(s).

(15) Open ditches where consent has been given must cross the easement at or near right angles with at least thirty-six inches (36”) of cover remaining at the lowest point of the ditch.

(16) Twelve inches (12”) of backfill around the subsurface pipeline shall be sand or clean fill; free of rocks and debris. Rock Shield shall be installed around pipeline facilities.

(17) Excavators shall be equipped with barred tooth buckets and side cutters removed when digging or excavating within easement area. All mechanical excavation performed within 3 feet of the pipeline shall be performed parallel to the pipeline (i.e. track-hoe cannot reach over the pipe to dig on the opposite side of the pipeline).

(18) All excavation within 18” from top or 36” from the side or bottom of the pipeline shall be by manual means. After top

01100-16 ED 20-009

exposure, excavation up to 12” from the side or bottom of the exposed pipeline may proceed by mechanical means if the Energy Transfer representative is satisfied it may be done safely with the equipment and operator available.

(19) All metallic foreign line crossings shall have Micarta board placed between the Energy Transfer pipeline facilities and the foreign crossing to prevent any interference with the cathodic protection system and equipment from the foreign crossing. Drilled crossing are exempt from the use of Micarta boards.

(20) Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed and maintained at all times.

(21) Cathodic protection test stations and line markers shall be protected from damage by construction activity.

(22) No installation, construction, excavation, or demolition work shall be performed within the easement area on weekends or holidays unless Contractor agrees to reimburse the Energy Transfer for its cost, including overtime cost, associated with inspection during those periods.

(23) The Contractor shall not allow any seismographic activity within 300 feet of the pipeline without the approval of Energy Transfer Operation Manager. The Contractor will be responsible for any damage to the pipeline. Louisiana One-Call center should be notified at least 48 hours prior to the start of the project.

(24) The Contractor agrees that protection of the Energy Transfer pipeline facilities will be maintained at all times. Should it be reasonably necessary for Energy Transfer to remove any portion of the Encroachment within the Easement Area in order to construct, maintain, operate, repair, replace, remove, or resize Energy Transfer’s existing or additional pipeline facilities, the Contractor or its successors and assigns, shall pay the cost of removing and replacing or reinstalling such removed portion of the Encroachment.

In addition, all repair and maintenance work performed by Energy Transfer on its existing or additional pipeline facilities located on its premises, shall be performed in a reasonable and workmanlike manner and Energy Transfer shall restore the surface and grade of the Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to the Encroachment or any associated equipment and facilities that exist within the Easement Area, and in this regard, the Contractor does hereby release

01100-17 ED 20-009

Energy Transfer, its employees, agents, officers, and directors from any and all liability for any such loss or damage. The parties hereto understand that this Agreement in no way constitutes a waiver by Energy Transfer of its rights to enjoy the Premises or the Easement Area unencumbered by the construction and operation of the Encroachment. It is expressly agreed to by and between the parties hereto that if the Contractor is in violation of any terms or conditions set forth in this Agreement, and such violation is not cured within ten (10) days of written notice to Owner, Energy Transfer may at any time terminate this Agreement upon written notice to Owner. In the event of such termination, Owner shall immediately remove any and all of said Encroachment, which may be situated on the Easement Area, or if Owner fails to remove any and all of said Encroachment, Energy Transfer may, at its option, remove said Encroachment at the expense of Owner and without any liability whatsoever. It is further agreed that the failure by Energy Transfer to exercise such option as to any such violation shall not constitute a waiver of Energy Transfer’s future right to exercise such option as to the same or any future violation.

Upon the termination of this Agreement, the Contractor shall remove from the Easement Area all of the Encroachment and restore the surface of the Easement Area to good condition and to Energy Transfer’s satisfaction, including the leveling and grading of all ruts, excavations, depressions and mounds caused by, or resulting from, the Encroachment.

The provisions of the Easement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, remain in full force and effect and are not affected hereby except to the extent and in the manner set forth above.

Mr. Cary Farber Project Director Engineering & Construction Energy Transfer Phone: (337) 475-4218 Cell: (337) 304-8860 Email: cary.farber@energytransfer.com

2. ITEM G3 – City of Zachary - 6” Dia HDPE Gas

NOTE: The phrase, "City of Zachary Facility", "City of Zachary", "City of Zachary representative", and "City of Zachary Company" in the requirements 1 through 24 below, refer to the City of Zachary 6" Dia. Steel HP Gas Pipeline.

01100-18 ED 20-009

DISPOSITION: This pipeline shall not be disturbed. Pipeline protection shall be installed and maintained for access to the job site trailers and staging area.

However, the Contractor shall adhere to the requirements as follows:

(1) The Contractor shall provide a minimum of forty-eight (48) hour notice to City of Zachary, prior to any installation, construction, excavation, or demolition work within the easement area, the Contractor shall also call appropriate LOUISIANA ONE CALL or 811 center at least 48 hours prior to any excavation activities. A City of Zachary representative must be present when any work is done on the easement area. The Contracting Officer’s representative will have the authority to shutdown work by the Contractor if his/her activities are judged to be unsafe by the City of Zachary representative. The City of Zachary representative shall be invited to participate in the Contractor’s safety meetings. This provision applies each time the City of Zachary facilities are crossed.

(2) Normal ground cover (a minimum of three feet (3’) of pipeline cover) shall be maintained by the Contractor over the subsurface pipeline facilities within the easement area.

(3) Structures shall not be erected within, above, or below the pipeline easement with underground supports, foundations, or anchors. No apparatus will be allowed on the easement that obstructs the line-of-sight vision from ground level.

(4) For vehicles and/or construction equipment requesting approval to cross a City of Zachary facility, each crossing location will be reviewed on a case-by-case, site specific basis, which will include a wheel load calculation to be completed and approved on every vehicle and/or construction equipment crossing a company facility.

Three feet (3’) of minimum cover will also be required over the City of Zachary facilities at all equipment crossings for standard TX/LADOT maximum axle load vehicles (20,000 lbs. per axle). On occasion, matting or other suitable material will be required to be installed so to achieve the necessary support for such crossing.

This too will be site specific and case-by-case only.

(5) Any public road proposal or modification to existing roadway must be approved by the City of Zachary before construction, to determine the possible need for pipeline alterations to comply with Federal and State regulations.

01100-19 ED 20-009

(6) For proposed road/drive crossings City of Zachary will determine if the existing pipe is adequate for the new conditions.

Including protection of the pipelines, from imposed conditions caused by soil overburden and superimposed loading due to traffic.

Load calculations must be performed to verify these conditions.

Where consent for roadway crossing has been granted, a minimum of forty-two inches (42”) of cover, including thirty-six (36”) of undisturbed or…