Attachment B - Scope of Services - Pages 1 -8.doc

RFx No.: 3000025491

Title: Lost Lake Stop Logs - CPRA

SCOPE OF SERVICES

FOR

OPERATION OF LOST LAKE WATER CONTROL STRUCTURES

September 3, 2025 1.0

PROJECT LOCATION

TE-0072 Lost Lake Marsh Creation and Hydrologic Restoration Project

The project area is located in the Terrebonne Parish, Louisiana. The project area is bounded by Bayou Carencro to the north, Fourleague Bay to the West, Voss Canal and Raccourci Bay to the east, and Blue Hammock Bayou and Lake Mechant to the South. See attached project features map for detailed project location.

2.0

DESCRIPTION

This scope of services consists of operating five variable crest weir structures located within the Lost Lake Project area. Operation of the structures shall consist of removal, storage and installation of for 45 aluminum panels. All aluminum panels are constructed and attached to the structures in as shown in the attached typical detail sheet. All structure operations shall be performed in accordance with USACE MVN-2011-00954-WPP and the project operation and maintenance schedule provided by the CPRA (Coastal Protection and Restoration Authority) under section 4.30 of this scope. Attached is a project features map of the Lost Lake Project showing the location of structures mentioned. Permission to access the property with equipment to operate and maintain water control structures shall be the responsibility of the contracting party. The contracting party shall contact the following company to obtain permit to access the project site:

ConocoPhillips

The Louisiana Land and Exploration Company LLC

806 Bayou Black Drive

P.O. Box 7097

Houma, La. 70361

(985) 853-3001

3.0

PROJECT TERM

The term of this scope will be for the removal, storage, installation, and operation of five structures. This contract shall be for a period of 1 year beginning with January 1, 2026, or date of award, whichever is later, and ending December 31, 2026. At the option of the State of Louisiana and acceptance by the Contractor, this contract may be renewed for two additional 12-month periods at the same prices, terms and conditions. Total contract time not to exceed 36 months. If the contract is extended, the unit prices established in the initial contract will remain unchanged.

4.0

SCOPE OF SERVICES

The contracting party shall provide all material, personnel and equipment necessary to operate water control structures as outlined in the following subsections.

4.10

LOCATION OF STRUCTURES TO BE OPERATED

A. Water Control Structure 1

N 29°21’12.64” W 91°06’50.09” B. Water Control Structure 4

N 29°21’32.81” W 91°06’00.95” C.

Water Control Structure 5

N 29°19’43.43” W 91°05’42.22” D.

Water Control Structure 6

N 29°19’02.65” W 91°05’27.73” E.

Water Control Structure Site 1 N 29°23’33.37” W 91°02’17.42” 4.20

STRUCTURE OPERATIONS

A.

During operation of the structures, care shall be taken in order to minimize damage due to improper operations, etc.

B.

Prior to any structure manipulations, all operations shall be authorized by letter through designated CPRA personnel (Operations and Maintenance Project Manager). Authorization to proceed with structure operations may be provided verbally and followed immediately in writing.

C.

Once the notice to proceed has been issued, normal structure manipulations will have to be completed within structure operations schedule.

D.

All operations shall be in compliance with applicable Federal, State, and local permits.

E.

Structure manipulations by the “Contracting Party” shall be performed per instructions specified in this scope and by the designated CPRA personnel.

F.

The contracting party shall provide all transportation, material, personnel and equipment necessary to complete the operations of the structures.

G.

The contracting party shall be responsible for aluminum panels when operating structures, during storage and when transporting to and from the structure sites. The panels shall be stored in a locked facility to avoid vandalism and theft and to reduce exposure to the elements. Any damage or lost equipment supplied by CPRA due to the negligence of the contracting party shall be replaced by the contracting party at no additional cost to CPRA.

4.30

STRUCTURE OPERATION SCHEDULE

Special Condition 12 of USACE MVN-2011-00954-WPP states:

“To allow water levels to be maintained during the waterfowl season, stoplogs shall be placed in the water control structure bays from November 1 to January 31. Stoplogs will be placed no higher than elevation 0.0 ft. NAVD88 to maintain interior marsh water levels. At all other times of the year, all stoplogs will be removed.”

Stoplogs shall refer to the aluminum panels. The structure operation schedule consists of removing the aluminum panels within 5 calendar days of January 31 and installing the aluminum panels within 5 calendar days of November 1. Between January 31 and November 1 the panels shall be stored offsite as described in section 4.20.

5.0

DELIVERABLES

The contracting party shall provide CPRA with a report upon completion of structure operations. The report shall contain the following information:

Structure Operations:

1.

Condition of water control structures and panels w/ photos.

2.

Description of structures in need of maintenance.

3.

Date and time of structure operations and weather conditions.

4.

Personnel and equipment on-site.

5.

Water levels on either side of structure.

6.

Person contacted for permission to access site.

7.

A copy of field notebook records.

8.

Confirmation of storage of aluminum panels is secure facility.

The reports listed above shall be prepared in duplicate and delivered to Brian Babin within 10 days following completion of work outlined in the scope. The address is as follows:

Brian Babin

CPRA Operations

Thibodaux Field Office

1440 Tiger Drive

Thibodaux, La. 70301

(985) 447-0956 6.0

PAYMENT

Payment will be made per each operation’s event. No payment will be made until all items in Section 5.0 of this scope are delivered.

7.0

INSURANCE REQUIREMENTS

Insurance and Bonds

The Contractor shall purchase and maintain without interruption, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The duration of the contract shall be from the inception of the contract until the date of final payment.

Minimum Scope and Limits of Insurance Worker’s Compensation

Worker’s Compensation insurance shall be in compliance with the Worker’s Compensation law of the State of Louisiana. Employers Liability is included with a minimum limit of $500,000 per accident/per disease/per employee. If Work is to be performed over water and involves maritime exposure, applicable LHWCA, Jones Act or other maritime law coverage shall be included and the Employers Liability limit increased to a minimum of $1,000,000. A.M. Best’s insurance company rating requirement may be waived for Worker’s compensation coverage only.

Commercial General Liability

Commercial General Liability insurance, including Personal and Advertising Injury Liability and Products and Completed Operations Liability, shall have a minimum limit per occurrence of $1,000,000.00 and a minimum general aggregate of $2,000,000.00. The Insurance Services Office (ISO) Commercial General Liability occurrence coverage form CG 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. Claims-made form is unacceptable.

Automobile and Watercraft Liability

Automobile Liability Insurance and Watercraft Liability Insurance shall have a minimum combined single limit per occurrence of $1,000,000. ISO form number CA 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. This insurance shall include third-party bodily injury and property damage liability for owned, hired and non-owned automobiles and/or watercraft. If any non-licensed motor vehicles and/or watercraft are engaged in operations within the terms of the contract on the site of the work to be performed thereunder, such insurance shall cover the use of any such vehicles.

NOTE: If the Contractor does not own an automobile and/or watercraft and such vehicles are utilized in the execution of the contract, then hired and non-owned coverage is acceptable. If an automobile and/or watercraft is not utilized in the execution of the contract, then automobile and/or watercraft coverage is not required.

Excess Umbrella

Excess Umbrella Insurance may be used to meet the minimum requirements for General Liability, Automobile Liability, and Watercraft Liability only.

Pollution Liability (required when asbestos or other hazardous material abatement is included in the contract)

Pollution Liability insurance, including gradual release as well as sudden and accidental, shall have a minimum limit of not less than $1,000,000 per claim. A claims-made form will be acceptable. A policy period inception date of no later than the first day of anticipated Work under this contract and an expiration date of no earlier than 30 days after anticipated completion of all Work under the contract shall be provided. There shall be an extended reporting period of at least 24 months, with full reinstatement of limits, from the expiration date of the policy. The policy shall not be cancelled for any reason, except non-payment of premium.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and accepted by the Agency. The Contractor shall be responsible for all deductibles and self-insured retentions.

Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions:

Worker’s Compensation and Employers Liability Coverage

The insurer shall agree to waive all rights of subrogation against the Agency, its officers, agents, employees and volunteers for losses arising from Work performed by the Contractor for the Agency.

Commercial General Liability and Automobile Liability

The Agency, its officers, agents, employees and volunteers shall be named as an additional insured as regards negligence by the Contractor. ISO Form CG 20 10 (for ongoing work) and CG 2037 (for completed work) (current forms approved for use in Louisiana), or equivalent, are to be used when applicable. The coverage shall contain no special limitations on the scope of protection afforded to the Agency.

The Contractor’s insurance shall be primary as respects the Agency, its officers, agents, employees and volunteers for any and all losses that occur under the contract. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the Agency shall be excess and non-contributory of the Contractor’s insurance.

The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the policy limits.

All Coverages

Coverage shall not be canceled, suspended, or voided by either party (the Contractor or the insurer) or reduced in coverage or in limits except after 30 days written notice has been given to the Agency. Ten-day written notice of cancellation is acceptable for non- payment of premium. Notifications shall comply with the standard cancellation provisions in the Contractor’s policy.

Neither the acceptance of the completed Work nor the payment thereof shall release the Contractor from the obligations of the insurance requirements or indemnification agreement.

The insurance companies issuing the policies shall have no recourse against the Agency for payment of premiums or for assessments under any form of the policies.

Any failure of the Contractor to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its officers, agents, employees and volunteers.

Acceptability of Insurers

All required insurance shall be provided by a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located. Insurance shall placed with insurers with an A.M. Best’s rating of A-:VI or higher. This rating requirement may be waived for Worker’s compensation coverage only.

If at any time an insurer issuing any such policy does not meet the minimum A.M. Best rating, the Contractor shall obtain a policy with an insurer that meets the A.M. Best rating and shall submit another certificate of insurance as required in the contract.

Verification of Coverage

Contractor shall furnish the Agency with Certificates of Insurance reflecting proof of required coverage. The Certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates are to be received and approved by the Agency before Work commences and upon any contract renewal thereafter.

The Certificate Holder must be listed as follows:

State of Louisiana

Office of State Procurement

1201 N. Third St. Suite 2-160

Baton Rouge, LA 70802

State of Louisiana

Coastal Protection and Restoration Authority 150 Terrace Avenue

Baton Rouge, LA 70802

Attn: Project #

In addition to the Certificates, Contractor shall submit the declarations page and the cancellation provision endorsement for each insurance policy. The Agency reserves the right to request complete certified copies of all required insurance policies at any time.

Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provided, this contract, at the election of the Agency, may be suspended, discontinued or terminated. Failure of the Contractor to purchase and/or maintain any required insurance shall not relieve the Contractor from any liability or indemnification under the contract.

If the Contractor does not meet the insurance requirements at policy renewal, at the option of the Agency, payment to the Contractor may be withheld until the requirements have been met, OR the Agency may pay the renewal premium and withhold such payment from any monies due the Contractor, OR the contract may be suspended or terminated for cause.

Subcontractors Contractor shall include all subcontractors as insureds under its policies OR shall be responsible for verifying and maintaining the certificates provided by each subcontractor. Subcontractors shall be subject to all of the requirements stated herein. The Agency reserves the right to request copies of subcontractor’s certificates at any time.

If Contractor does not verify subcontractors’ insurance as described above, Agency has the right to withhold payments to the Contractor until the requirements have been met.

Worker’s Compensation Indemnity

In the event Contractor is not required to provide or elects not to provide Worker’s compensation coverage, the parties hereby agree that the Contractor, its owners, agents and employees will have no cause of action against, and will not assert a claim against, the State of Louisiana, its departments, agencies, agents and employees as an employer, whether pursuant to the Louisiana Worker’s Compensation Act or otherwise, under any circumstance. The parties also hereby agree that the State of Louisiana, its departments, agencies, agents and employees shall in no circumstance be, or considered as, the employer or statutory employer of Contractor, its owners, agents and employees. The parties further agree that Contractor is a wholly independent Contractor and is exclusively responsible for its employees, owners, and agents. Contractor hereby agrees to protect, defend, indemnify and hold the State of Louisiana, its departments, agencies, agents and employees harmless from any such assertion or claim that may arise from the performance of this contract.

Indemnification/Hold Harmless Agreement

Contractor agrees to protect, defend, indemnify, save, and hold harmless, the State of Louisiana, all State Departments, Agencies, Boards and Commissions, its officers, agents, servants, employees and volunteers, from and against any and all claims, damages, expenses and liability arising out of injury or death to any person or the damage, loss or destruction of any property which may occur, or in any way grow out of, any act or omission of Contractor, its agents, servants and employees, or any and all costs, expenses and/or attorney fees incurred by Contractor as a result of any claims, demands, suits or causes of action, except those claims, demands, suits or causes of action arising out of the negligence of the State of Louisiana, all State Departments, Agencies, Boards, Commissions, its officers, agents, servants, employees and volunteers.

Contractor agrees to investigate, handle, respond to, provide defense for and defend any such claims, demands, suits or causes of action at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims, demands, suits, or causes of action are groundless, false or fraudulent. The State of Louisiana may, but is not required to, consult with the Contractor in the defense of claims, but this shall not affect the Contractor’s responsibility for the handling of and expenses for all claims.