B08_Attachment_1_-_05-26-2022_JELA_Phase_I_Specs.pdf

JEAN LAFITTE NATIONAL

HISTORICAL PARK AND

PRESERVE

SHORELINE PROTECTION

PMIS NO. 251674

PROJECT SPECIFICATIONS

100% SUBMITTAL

NATIONAL PARK SERVICE

DENVER SERVICE CENTER

April 2020

JELA - 251674 00 73 00 - 1

070115 SUPPLEMENTAL CONDITIONS

SECTION 00 73 00 –SUPPLEMENTAL CONDITIONS

PART 1 - GENERAL

1.1 DEFINITION OF TERMS

A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs and the titles of other documents.

B. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

1. Acceptance: A written approval from the Government which certifies that specific items of Work in the Contract have been completed and/or obligations have been fulfilled by the Contractor.

2. Addenda: Those written or graphic documents which are issued prior to opening of Bids in accordance with the Bidding Requirements and clarify or change the bidding requirements or the proposed Contract Documents.

3. Application of Payment: That form which is used by the Contractor to request partial and final payment and is deemed acceptable to the Government. It shall be accompanied by any supporting documentation required by the Contract Documents.

4. A.S.T.M.: American Society for Testing and Materials.

5. Bid: An offer or proposal submitted on the prescribed form setting forth the prices for the

Work.

6. Bidder: The person, association of persons, firm, or corporation submitting a proposal for the Work.

7. Bidding Requirements: The Advertisement for Bids, Instructions to Bidders, Form of Bid

Security, if any, and Bid Form with any supplements.

8. Change Order: A written order which is submitted to the Contractor, signed by the

Government, and authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Contract.

9. Claim: A written demand or assertion by Government or Contractor seeking an adjustment of Contract Price or Contract Times, or both or other relief with respect to the terms of the Contract.

10. Construction Management Representative: An authorized representative of the Government who is responsible to inspect the Work and materials furnished by the Contractor.

11. Contract: The written agreement between the Government and the Contractor which defines the Work to be completed and shall be understood to also include all Contract Documents.

12. Contract Documents: The Contract, all addenda which pertains to the Contract Documents, Bid Documents and specified Attachments accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award, Contractor’s Bid when attached as an exhibit to the Agreement, the Bonds (Bid and Performance/Payment), General

JELA - 251674 00 73 00 - 2

Conditions, Supplemental Conditions, Technical Specifications, Plans, and all Field or Change Orders issued after the execution of the Agreement. Shop Drawings and other submittals by the Contractor are not Contract Documents.

13. Contract Price: The moneys payable by the Government to the Contractor for the Work in accordance with the Contract Documents as stated in the Contract.

14. Contract Time: The number of calendar days specified in the Contract for completion of the Work, together with any extensions authorized through change orders.

15. Contractor: The person, association of persons, firm, or corporation entering the duly awarded Contract.

16. Contracting Agency: National Park Service (NPS).

17. Day: When any period of time is referred to in the Contract Documents using days, it will be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday, Sunday, or a legal holiday, that day will be omitted from the computation. A calendar day is measured as twenty-four (24) hour period starting at midnight and ending the following midnight.

18. Design Report: A written report by the Government which provides the design methodology for the Work.

19. Effective Date of the Contract: The date indicated in the Contract on which it becomes effective.

20. Equipment: All machinery, implements, and power-tools, in conjunction with the necessary supplies for the operation, upkeep, maintenance, and all other tools and apparatuses necessary for the proper construction and acceptable completion of the Work.

21. Extension of Contract: Any extension of time for completion of Work beyond the Contract Time which is granted by the Government, recommended by the Government’s appointed representative and approved by the Government in the form of a Change Order.

22. Federal Sponsor: The federal agency which has been tasked, if applicable, to manage the implementation of the project.

23. Field Order: A written order issued by the Government which requires minor changes in the Work, but which does not involve a change in the Contract Price or Contract Time.

24. Government: United States Department of the Interior and other constituent entities or the Government’s appointed representative.

25. Laboratory: The firm, company, or corporation which is used to test materials and is approved for use by the Government.

26. Laws and Regulations; Laws or Regulations: Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

27. Materials: Any substance used in the Work to build structures but does not include material used in false Work or other temporary structures not incorporated in the Work.

28. Milestone: A principal event specified in the Contract Documents relating to an intermediated completion date or time prior to the Contract Times.

29. Notice of Award: A written notice to the successful Bidder stating that the Bid has been accepted by the Government and that the successful Bidder is required to execute the Contract and furnish the Payment and Performance Bond and Non-Collusion Affidavit.

30. Notice to Proceed: The written notice to the Contractor by the Government which provides the starting date for the Contract Time.

31. Performance and Payment Bond: The approved form of security furnished by the Contractor and Surety for the faithful performance of the Work, and the payment for all labor, materials, and/or obligations incurred by the Contractor in the prosecution thereof.

32. Plans: That part of the Contract Documents prepared or approved by the Government’s appointed representative which graphically shows the scope, intent, and character of the Work to be completed by the Contractor.

JELA - 251674 00 73 00 - 3

33. Project Site: The location where the Work is to be performed as stated in the Contract Documents.

34. Right-of-way: That entire area reserved for constructing, maintaining, and protecting the proposed improvement, structures, and appurtenances of the Work.

35. Samples: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portions of the Work will be judged.

36. Shop Drawings: All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work to be performed.

37. Specifications: That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work to be performed and certain administrative details applicable thereto.

38. Structures: Bridges, plugs, weirs, bulkheads, berms, dams, levees, and other miscellaneous construction encountered during the Work and not otherwise classified herein.

39. Subcontractor: Any person, association of persons, firm, or corporation who contracts with the Contractor to perform any part of the project covered by the Contract.

40. Submittals: Certificates, samples, shop drawings, and all other project data which are submitted to the Government in order to verify that the correct products will be installed on the project.

41. Successful Bidder: The lowest responsible Bidder whom the Government makes an award.

42. Surety: The corporate body, licensed to do business in Louisiana, bound with and for the

Contractor’s primary liability, and engages to be responsible for payment of all obligations pertaining to acceptable performance of the Work contracted.

43. Temporary Structures: Any non-permanent structure required while engaged in the prosecution of the Contract.

44. Work: All work specified herein or indicated on the Plans.

45. Work Plan: A written plan by the Contractor that details how the Work will be provided including layout drawings, projected schedule (Initial Progress Schedule), and a list of labor hours, materials, and equipment.

1.2 LAWS, REGULATIONS, STANDARDS, SPECIFICATIONS, AND CODES

A. Bidders are required to become familiar and remain in compliance with all Federal, State, and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority which may affect those employed for the execution of the Work or which may affect the conduct of the Work. The Contractor shall indemnify the Government and its representatives against any claim or liability arising from all violations of any laws, bylaws, ordinances, codes, regulations, orders, or decrees, whether by the Contractor or by the Contractor’s employees. The filing of a bid will be presumptive evidence that the Bidder has complied with this requirement. The Government will not be responsible for any inaccurate interpretations or conclusions drawn by the Contractor from information and documentation provided by the Government.

B. References to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, may not be in effect at the time of opening the Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

No provision of any such standard, specification, manual, or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of the Government or Government’s

JELA - 251674 00 73 00 - 4

appointed representative, or any of their Subcontractors, consultants, agents, or employees from those set forth in the Bid Documents. No such provision shall be effective to assign to the Government or Government’s appointed representative, or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of the Contractor’s obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

C. The obligations imposed by these specifications are in addition to and are not to be construed in any way as a limitation of any rights available to the Government or Government’s appointed representative which are otherwise imposed by any laws or regulations or other provisions within the Contract Documents.

D. The Contractor shall abide by laws set forth in the Davis-Bacon Act of 1931 which states that all laborers and mechanics employed by recipients, the recipient’s contractors, or Subcontractors on this project shall be paid wages at rates no less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40 United States Code. Additionally, with respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and The Copeland Act of Title 40 (40 U.S.C. § 3145). Prevailing Wage Determination Schedules, as determined by the United States Department of Labor, are provided in Appendix F. Prevailing Wage Determination Schedules are subject to modification by the United States Department of Labor. The Contractor is responsible for utilizing the most current Prevailing Wage Determination Schedule. These documents can be downloaded from the following link: http://www.wdol.gov/dba.aspx#3.

Modifications to Prevailing Wage Determination Schedules shall be effective if received (or posted) no less than 10 days prior to bid opening.

1.3 PRE-BID CONFERENCE AND SITE VISIT

A. A Pre-Bid Conference and/or Job Site Visit may be held at the location and on the date provided in the Advertisement For Bids.

B. If a Job Site Visit is held, bidders will be required to furnish their own transportation to the Project Site.

C. All questions shall be in writing and faxed or emailed to the Government contact person listed in the Advertisement For Bids after the Pre-Bid Conference and by the due date announced at the Pre-Bid conference. In order to ensure adequate response time, all questions and/or requests for clarification or interpretation of the Bid Documents should be received by the Government at least seven (7) days prior to the date for receipt of bids. Oral statements will not be binding or legally effective. Government will issue addenda in response to all questions arising at the Pre- Bid Conference and site visit to all prospective Bidders on record. All prospective Bidders on record may contact the Government contact person for any additional information.

1.4 NOTICE OF AWARD

A. The Government, or its designated bidding agent, shall provide written notice to the Successful Bidder stating that the Government will sign and deliver the Contract upon compliance with the conditions enumerated therein and within the time specified.

JELA - 251674 00 73 00 - 5

1.5 NOTICE TO PROCEED AND CONTRACT TIME

A. The Contractor shall start the Work and begin the Contract Time on the dates provided in the Notice to Proceed. The Work shall be conducted using sufficient labor, materials, and equipment as necessary to ensure completion within the Contract Time. The Contract Time for completion of the Base Bid for the Work is provided in the Instructions To Bidders, unless an extension is granted to the Contract Time as specified in paragraph 1.43 of Section 00 73 00 – Supplemental Conditions. If the Bid contains an Alternate Bid(s), and the Alternate Bid(s) is awarded and included in the Contract, the Contract Time associated with the Alternate Bid(s) will be as provided in the Instructions to Bidders.

B. Unless otherwise noted in the Contract Documents, Contract Time will be on a calendar day basis.

Contract Time shall consist of the number of calendar days stated in the Instructions to Bidders and the Contract beginning with the date noted in the written Notice to Proceed, including Saturdays, Sundays, holidays and non-workdays.

C. The following table defines the monthly anticipated adverse weather days that are expected to occur during the Contract Time and will constitute the baseline monthly weather time for evaluations. The schedule is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the regional geographic area.

Monthly Anticipated Adverse Weather Calendar Days

Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec.

5 5 4 4 4 5 7 7 5 3 3 4

D. Adverse weather days must prevent Work for fifty percent (50%) or more of the workday and delay Work critical to the timely completion of the project. The number of actual adverse weather days shall be calculated chronologically from the first to the last day of each month.

E. If adverse weather conditions are the basis for a claim for additional time, the Contractor shall document that weather conditions had an adverse effect on the scheduled construction. An increase in Contract Time due to weather shall not be cause for an increase in the Contract sum.

1.6 WORK PLAN

A. The Contractor shall develop a written Work Plan which accounts for all of the construction activities required by the Contract Documents. The Work Plan shall include a list of the individual construction tasks to be completed and the estimated dates for beginning and completing the tasks.

It shall also include all other items which are applicable to completing the Work such as, but not limited to, the following:

1. Typical report form for the Weekly Progress Meeting.

2. Typical form for Daily Progress Report (Sample Report included in Appendix A).

3. Hurricane and Severe Storm Plan.

4. Site-specific Health and Safety Plan.

5. The delivery method and source(s) of all construction materials (company or producer name, mailing and physical address, phone number, and name of contact person).

JELA - 251674 00 73 00 - 6

6. The personnel, material, Subcontractors, fabricators, suppliers, types of equipment, and equipment staging areas the Contractor proposes to use for construction.

7. Shop drawings, test results, and sample submittals.

8. Survey layout and stakeout.

9. All supplemental items specified in the Supplemental Conditions.

B. The Work Plan shall be submitted to the Government prior to the Pre-Construction Conference by the date provided in the Supplemental Conditions. The Government shall review the Work Plan and have the Contractor make any necessary revisions prior to acceptance of the plan. No payment for mobilization will be made until the Work Plan has been accepted by the Government.

1.7 PROGRESS SCHEDULE

A. The Contractor shall develop a written Progress Schedule which provides for an orderly progression of the Work, submittals, tests, and deliveries in order to complete the Work within the specified Milestones and Contract Time. All of the items listed in the Work Plan shall be integrated into the Progress Schedule. The format of the schedule shall be composed using Microsoft Project®, or any other software deemed acceptable by the Government. It shall be updated weekly by the Contractor, at a minimum. The Progress Schedule shall also include, but not be limited to the following:

1. All of the elements in the Work Plan, including updates.

2. A work order issued from Louisiana One Call ordering all their subscribers in the project area to mark their utilities.

3. A telephone log verifying that all property owners and utilities have been contacted. This log should list the time, date, and names of the personnel representing the property owners, utilities, and Contractor.

B. The Progress schedule must reflect these anticipated adverse weather delays on all weather dependent activities.

C. The Progress Schedule shall be submitted to the Government prior to the Pre-Construction Conference by the date provided in the Supplemental Conditions. The Government shall perform a review and have the Contractor make any necessary revisions prior to acceptance of the schedule. Acceptance will not impose responsibility on the Government or Government’s appointed representative for the sequencing, scheduling, or progression of the Work. The Contractor is fully responsible for progression of the Work in order to maintain the compliance with the Progress Schedule and Contract Time.

1.8 DAILY PROGRESS REPORTS

A. The Contractor shall record the following daily information on Daily Progress Reports:

1. Date and signature of the author of the report.

2. Dollar amount of all bid items that are fabricated, installed, backfilled, pumped, constructed, damaged, replaced, etc. The amount of material shall be expressed in the units stated in the bid.

3. Field notes of all surveys.

4. Notes on all inspections.

5. Details of Health and Safety meetings.

JELA - 251674 00 73 00 - 7

6. A brief description of any Change Orders, Field Orders, Claims, Clarifications, or Amendments.

7. Condition of all navigation aids (i.e., warning signs, lighted marker buoys) and any repairs performed on them.

8. Weather conditions (adverse weather day, wind speed and direction, temperature, wave height, precipitation, etc.).

9. The amount of time lost to severe weather or personnel injury, etc.

10. Notes regarding compliance with the Progress Schedule.

11. Visitor log (Instructions for format will be furnished by the Field Engineer).

B. The daily progress reports shall be submitted to the Government at the Weekly Progress Meetings specified in paragraph 1.12 of Section 00 73 00 – Supplemental Conditions in both hard copy and digital format (Adobe Acrobat® Format or approved equal). The typical form for Daily Progress Reports shall be developed by the Contractor and incorporated into the Work Plan.

1.9 HEALTH AND SAFETY PLAN INSPECTIONS

A. The Contractor shall develop and maintain a written Health and Safety Plan which allows the Work to be performed in compliance with all applicable laws, ordinances, rules, and regulations of any government agency having jurisdiction over the safety of personnel or property. This includes maintaining compliance with the Code of Federal Regulations, Title 29, Occupational Safety and Health Administration (OSHA) and all applicable Health and Safety Provisions of the State of Louisiana.

B. The Contractor shall institute a daily inspection program to assure that the requirements of the Health and Safety Plan are being fulfilled. Inspections shall include the nature of deficiencies observed, corrective action taken or to be taken, location of inspection, date, and signature of the person responsible for its contents. The results of the inspections shall be recorded on Daily Progress Reports and kept at the Project Site during the Work.

C. The Contractor shall incorporate the Health and Safety Plan into the Work Plan. The Government and Government’s appointed representative are not responsible for the adequacy of this plan.

1.10 PROGRESS MEETINGS AND REPORTS

A. The Government shall schedule meetings to review the progress of the Work, coordinate future efforts, discuss compliance with the Progress Schedule, and resolve miscellaneous problems. The Government or Construction Management Representative, Contractor, and all Subcontractors actively working at the Project Site shall attend each meeting. Representatives of suppliers, manufacturers, and other Subcontractors may also attend at the discretion of the Contractor. The Contractor shall record the details of each meeting in a Progress Report. The format of this report shall be developed by the Contractor, approved by the Government, and included in the Work Plan. The progress meetings and reports shall be scheduled according to the Supplemental Conditions.

JELA - 251674 00 73 00 - 8

1.11 PRE-CONSTRUCTION CONFERENCE

A. A Pre-Construction Conference shall be held by the Contractor, Government or Government’s appointed representative, local stakeholders, and other appropriate personnel prior to starting construction on the date specified in the Supplemental Conditions. This conference shall serve to establish a mutual understanding of the Work to be performed, the elements of the Progress Schedule and Work Plan, expectations for weekly progress meetings, the Plans and Specifications, processing Applications for Payment, and any other items of concern. If any Subcontractors are not present, another Pre- Construction Conference will be required.

1.12 CONTRACT INTENT

A. The Bid Documents are complementary; what is called for by one is as binding as if called for by all. Clarifications and interpretations or notifications of minor variations and deviations of the Contract Documents will be issued by Government as provided in these Specifications. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Bid Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided at no additional cost to the Government.

1.13 GOVERNMENT’S APPOINTED REPRESENTATIVE

A. The Government may appoint a designated representative, the initial interpreter of the Contract Documents and the judge over acceptability of all the Work. Claims, disputes, and other matters relating to the acceptability of the Work, performance by the Contractor or the interpretation of the requirements of the Contract Documents must be submitted to the Government in writing.

Upon written request from the Contractor, the Government’s appointed representative shall issue written clarifications or interpretations which are consistent with the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on the Government and the Contractor. Either the Government or the Contractor may make a Claim if a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Times.

B. The Government’s appointed representative has the authority to suspend the Work in whole or in part due to failure of the Contractor to correct conditions unsafe for workmen or the general public, carry out provisions of the Contract, perform conformance Work, or to carry out orders.

The Government’s appointed representative shall submit a written order to the Contractor for Work which must be suspended or resumed. Nothing in this provision shall be construed as establishing responsibility on the part of the Government for safety which is the responsibility of the Contractor.

C. The Government’s appointed representative shall keep a daily record of weather and flood conditions and may suspend the Work as deemed necessary due to periods of unsuitable weather, conditions considered unsuitable for execution of the Work, or for any other condition or reason deemed to be in the public interest.

JELA - 251674 00 73 00 - 9

1.14 CONFORMITY WITH PLANS AND SPECIFICATIONS

A. All Work and materials involved with the Work shall conform with the lines, grades, cross sections, dimensions, and other requirements shown on the Plans or indicated in these Specifications unless otherwise approved by the Government.

1.15 CLARIFICATIONS AND AMENDMENTS TO CONTRACT DOCUMENTS

A. The Contract Documents may be clarified or amended by the Government to account for additions, deletions, and revisions to the Work after the Effective Date of the Contract. The clarifications and amendments shall be addressed by either a Change Order or a written clarification by the Government. The Contractor shall not proceed with the Work until the Change Order or clarification has been issued by the Government. The Contractor shall not be liable to the Government or Government’s appointed representative for failure to report any such discrepancy unless the Contractor had reasonable knowledge.

B. The Contractor may request a clarification or amendment for the following:

1. Any conflict, error, ambiguity, or discrepancy within the Contract Documents; or

2. Any conflict, error, ambiguity, or discrepancy between the Bid Documents and the provision of any Law or Regulation applicable to the performance of the Bid; or

3. Any standard, specification, manual, or code (whether or not specifically incorporated by reference in the Bid Documents); or

4. Instructions by a supplier.

C. The official form for a written clarification is provided in Appendix A . This form shall be filled out appropriately by the Contractor and submitted to the Government. The Government shall clarify the issue in writing on either the clarification form, Field Order or a Change Order and submit it to the Contractor.

1.16 SUBCONTRACTS

A. The Contractor shall provide the names of all Subcontractors to the Government in writing before awarding any Subcontracts. The Contractor shall be responsible for the coordination of the trades and Subcontractors engaged in the Work. The Contractor is fully responsible to the Government for the acts and omissions of all the Subcontractors. The Government will not settle any differences between the Contractor and Subcontractors or between Subcontractors. The Contractor shall have appropriate provisions in all Subcontracts to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents, as applicable to the Work of Subcontractors. The provisions should provide the Contractor the same power regarding termination of Subcontracts that the Government may exercise over the Contractor under any provisions of the Contract Documents.

1.17 WORKERS, METHODS, AND EQUIPMENT

A. The Contractor shall provide competent, qualified, and trained personnel to perform the Work.

The Contractor shall not employ any person found objectionable by the Government. Any person employed by the Contractor or any Subcontractor who, in the opinion of the Government, does not perform the Work in a proper, skillful, and orderly manner shall be immediately removed

JELA - 251674 00 73 00 - 10

upon receiving a written order by the Government. The Government may also suspend the Work until the Contractor removes the employee or provides a suitable replacement. Such an employee shall not be re-employed in any portion of the Work without written approval from the Government.

B. The on-site superintendent for the Contractor shall be competent, English-speaking, and qualified to receive orders, supervise, and coordinate all Work for the Contractor and any Subcontractors.

The qualifications of the superintendent must be established and approved by the Government prior to commencement of the Work. The superintendent shall be furnished by the Contractor regardless of how much Work may be sublet. In the performance of the Work under this Contract, the Contractor shall conduct operations to avoid interference with any other Contractors.

C. All equipment, products, and material incorporated into the Work shall be as specified, or if not specified, shall be new, of good quality, and protected, assembled, used, connected, applied, cleaned, and conditioned in accordance with the manufacturer’s instructions, except as otherwise may be provided in the Bid Documents. All equipment shall be of sufficient size and mechanical condition to meet the requirements of the Work and produce a satisfactory quality of Work.

Equipment shall not damage adjacent property throughout the performance of the Work. The Plant and Equipment Schedule should be completed by the Contractor.

D. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures used to complete the Work in conformance with the Contract Documents.

E. The Contractor shall obtain permission from the Government if a method or type of equipment other than specified in the Contract is desired. The request shall be in writing and shall include a full description of the methods, equipment proposed, and reasons for the modification. A proposed item of material or equipment may be considered by the Government to be functionally equal to an item specified in the Contract if:

1. It is at least equal in quality, durability, appearance, strength, and design characteristics.

2. There is no increase in any cost including capital, installation, or operating to the

Government.

3. The proposed item will conform substantially, even with deviations, to the detailed requirements of the item named in the Bid Documents.

F. If, after trial use of the substituted methods or equipment, the Government determines that the Work produced does not meet Contract requirements, the Contractor shall discontinue use of the substituted methods or equipment and shall complete the Work with the specified methods and equipment. The Contractor shall remove the deficient Work and replace it with Work of specified quality or take other corrective action as directed. No change will be made in basis of payment for construction items involved or in Contract Time as a result of authorizing a change in methods or equipment.

1.18 ACCIDENT PREVENTION, INVESTIGATIONS, AND REPORTING

A. The Contractor shall be responsible to develop and maintain all safeguards and safety precautions necessary to prevent damage, injury, or loss throughout the performance of the Work. All accidents at the Project Site shall be investigated by the immediate supervisor of employee(s) involved and reported to the Government or Construction Management Representative within one

(1) working day. A complete and accurate written report of the accident including estimated lost time days shall be submitted to the Government within four (4) calendar days. A follow-up report

JELA - 251674 00 73 00 - 11

shall be submitted to the Government if the estimated lost time days differ from the actual lost time days.

1.19 PRESERVATION AND RESTORATION OF PROPERTY, MOMUMENTS, ETC.

A. The Contractor shall comply with all applicable laws, ordinances, rules, and regulations of any government agency having jurisdiction over the preservation and protection of public and private property. The Contractor shall install and maintain suitable safeguards and safety precautions during the Work as necessary to prevent damage, injury, or loss to property. This responsibility shall remain with the Contractor until the Work has been completed and accepted. Any damage, injury, or loss to property which is caused by the Contractor or Subcontractors shall be repaired or replaced at the expense of the Contractor.

B. The Contractor shall protect all land monuments, State and United States benchmarks, geodetic and geological survey monuments, and property markers from disturbance or damage until an authorized agent has witnessed or otherwise referenced their location. The Contractor shall also provide protection for all public and private property including trees, utilities, pipes, conduits, structures, etc. These items shall not be removed unless directed by the Government.

C. The Contractor shall be responsible to completely repair all damages to public or private property due to any act, omission, neglect, or misconduct in the execution of the Work unless it is due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, public enemies, or governmental authorities. The damage must be repaired at the expense of the Contractor before final acceptance of the Work can be granted by the Government. If the Contractor fails to repair the damage within 48 hours, the Government may independently proceed with the repairs at the expense of the Contractor by deducting the cost from the Contract. If the Contractor cannot provide for the cost of repairs, the Surety of the Contractor shall be held until all damages, suits, or claims have been settled.

1.20 PROTECTION OF THE WORK, MATERIALS, AND EQUIPMENT

A. It shall be the responsibility of the Contractor to protect the Work, materials, and equipment from damages or delays due to inflows, tidal rise, and storm water runoff which may occur at the Project Site. The Government shall not be held liable or responsible for these types of delays or damages.

1.21 LAND RIGHTS

A. A list of all known utility owners with responsible contacts and required stipulations is provided in Appendix B. The Contractor is responsible to notify all of the contacts and abide by stipulations listed in that memorandum.

1.22 UTILITIES

A. The Contractor shall conduct the Work in such a manner as to cooperate and minimize inconveniences with utilities. A list of all known utility owners with responsible contacts and required stipulations is provided in Appendix B. Prior to commencement of the Work, the

JELA - 251674 00 73 00 - 12

Contractor is responsible to notify all of the utilities and abide by stipulations required by the utility company(s). The Contractor shall also call Louisiana One Call at 811 or (800)-272-3020 a minimum of five (5) working days prior to construction to locate existing utilities at the Project Site.

B. Any damage to utilities that is caused by the Contractor within the Project Site shall be repaired at the expense of the Contractor. The Government will not be responsible for any delay or damage incurred by the Contractor due to working around or joining the Work to utilities left in place or for making adjustments.

C. Any unidentified pipes or structures which may be discovered within the limits of the Project Site shall not be disturbed and shall be reported to the Government as soon as possible. Construction or excavation shall not be performed around unidentified utilities without prior approval from the Government.

1.23 PERMITS

A. Federal and State permits that are required to perform the Work, such as the Department of the Army Permit, Coastal Use Permit, LDEQ Clean Water Permit, and LDWF Fill Material License have been secured by the Government. Permit conditions affecting the construction processes have been included in these Specifications. Copies of these permits will be provided to the Contractor at the Pre-Construction Conference. These permits will not relieve the responsibility of the Contractor from obtaining any additional permits which may be needed to complete the Work. Copies of any special permits that are obtained by the Contractor must be submitted to the Government. The Contractor shall conform to the requirements therein and display copies of the permits in a public setting at the Project Site at all times.

1.24 PROJECT SITE CLEAN UP

A. The Contractor shall keep the Project Site free from accumulations of waste material or trash at all times. All trash and waste materials shall be removed by the Contractor and disposed off-site in an approved waste disposal facility. In addition, all equipment, tools, and nonconforming Work shall also be removed prior to the Work being accepted. No materials shall be placed outside of the Project Site. Refer to Section 01 74 19 – Construction Waste Management and Disposal.

1.25 GOVERNMENT INSPECTION

A. The Government, Construction Management Representative, and Federal Sponsor shall have the right to perform reasonable inspections and testing of the Work at the Project Site. Access shall be granted to the entire Project Site including all materials intended for use in the Work. The Contractor shall allow reasonable time for these inspections and tests to be performed. The inspections shall not relieve the Contractor from any obligation in accordance with the requirements of the Contract.

B. The Government shall notify the Contractor prior to all tests, inspections, and approvals of the Work which are to be conducted at the Project Site. The Government shall also provide the Contractor with the written results of all inspections and tests. Inspections, tests, or Payments

JELA - 251674 00 73 00 - 13

made by the Government shall not constitute acceptance of non-conforming Work of prejudice the Government’s rights under the Contract.

1.26 DUTIES OF THE CONSTRUCTION MANAGEMENT REPRESENTATIVE

A. A Construction Management Representative shall be assigned by the Government to the Project Site to observe the Contractor and monitor the progress and manner in which the Work is being performed. The Construction Management Representative will also report to the Government and Contractor whenever materials or Work fail to comply with the Contract. The Construction Management Representative is authorized to reject any materials or suspend Work which does not comply with the Contract until the issue is resolved by the Government.

B. However, the Construction Management Representative is not authorized to revoke, alter, enlarge, relax, or release any requirements of the Contract, or to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Construction Management Representative shall not manage or perform duties for the Contractor.

1.27 CONSTRUCTION STAKES, LINES, AND GRADES

A. The Government shall direct the Contractor to all control points necessary for setting stakes and establishing lines and grades as shown on the Plans. The Contractor shall be responsible for laying out all of the Work. All layouts shall be witnessed and verified by the Government or Construction Management Representative prior to beginning the Work. The Contractor shall be responsible for proper execution of the Work according to the layouts after receiving verification from the Government.

B. The Contractor shall be responsible for furnishing and maintaining stakes such that the Work can be verified for acceptance. The Government may suspend the Work at any time if it cannot be adequately verified due to the number, quality, or condition of the stakes.

1.28 CONTRACTOR’S RESPONSIBILITY FOR WORK

A. The Contractor shall execute all items covered by the Contract, and shall furnish, unless otherwise definitely provided in the Contract, all materials, implements, machinery, equipment, tools, supplies, transportation, and labor necessary to complete the Work. The Contractor shall pay constant attention to the progress of the Work and shall cooperate with the Government in every way possible. The Contractor shall maintain a complete copy of the Contract at all times, including the Plans, Specifications, and any authorized modifications.

1.29 ENVIRONMENTAL PROTECTION

A. The Contractor shall comply with and abide by all federal, state, and local laws and regulations controlling pollution of the environment, including air, water, and noise. The Contractor shall take precautions to prevent pollution of waters and wetlands with fuels, oils, bituminous materials, chemicals, sewage, or other harmful materials and contaminants, and to prevent pollution of the atmosphere from particulate and gaseous matter, in accordance with all terms and

JELA - 251674 00 73 00 - 14

conditions of federal, state, and local air and water pollution control laws and programs and their rules and regulations, including the federal Clean Air Act and the federal Clean Water Act.

B. The Contractor shall adhere to the provisions which require compliance with all standards, orders, or requirements contained under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, which prohibit the use under non-exempt Federal contracts, grants, or loans, of facilities included on the Environmental Protection Agency (EPA) list of Violating Facilities.

C. Construction operations in rivers, streams, lakes, tidal or coastal waters, reservoirs, canals, wetlands, and any other impoundments shall be restricted to areas where it is necessary to accomplish the Work and performed in accordance with any applicable federal, state, and local laws, regulations, permit requirements, and guidelines, and the Contractor shall conduct the Work in a manner that will not cause damaging concentrations of silt or pollution to water.

D. Contractor shall maintain and operate equipment to minimize noise, dust, and vibration near noise, dust and vibration-sensitive areas such as churches, hospitals, schools, and residential areas, and assure that any activities conducted near such areas are not unduly disruptive.

Contractor shall maintain all equipment with properly functioning mufflers.

E. The Contractor shall be responsible for determining and utilizing any erosion and pollution control features or methods that may be necessary to comply with all federal, state, and local laws and regulations.

1.30 SANITARY PROVISION

A. The Contractor shall provide and maintain sanitary accommodations for use by all employees and Subcontractors. Facilities shall comply with the requirements of the Louisiana State Board of Health and Hospitals and other authorities having jurisdiction. Committing public nuisance on the Project Site is prohibited.

1.31 PAYMENT OF TAXES

A. The Contractor shall be responsible for all taxes and duties that maybe levied under existing State, Federal, and local laws during the completion of the Work. The Government will presume that the amount of such taxes is included in the unit prices bid by the Contractor and will not provide additional reimbursement.

1.32 RADIO AND TELEPHONES

A. The Contractor shall furnish and maintain radio and telephone equipment throughout the Contract Time which will allow communication between the Contractor and the Government or Construction Management Representative.

1.33 RECORD KEEPING

A. The Contractor shall maintain orderly records of the Progress Schedule, Daily Progress Reports, Progress Meetings, correspondence, submittals, reproductions of original Contract Documents, Change Orders, Field Orders, certificates, additional drawings issued subsequent to the executed

JELA - 251674 00 73 00 - 15

Contract, clarifications and interpretations of the Contract Documents by the Government, and other related documents at the Project Site until all of the Work is accepted by the Government.

1.34 CERTIFICATES OF COMPLIANCE

A. Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three (3) copies. Each certificate shall be certified by an authorized agent of the supplying company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date of shipment. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the testing date. The Contractor shall also certify that all materials and test reports conform to the requirements of the Contract. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material if the material is tested and determined to be in nonconformance.

1.35 SUBMITTALS

A. The Contractor shall review all Submittals for compliance with the requirements of the Contract prior to delivery to the Government. Each Submittal shall contain a signed statement by the Contractor that it complies with the Contract requirements with any exceptions explicitly listed.

The Contractor shall comply with these requirements for Submittals from Subcontractors, manufacturers, and suppliers.

B. All Submittals shall include sufficient data to demonstrate that the requirements of the Contract are met or exceeded. All submittals shall be legible and marked with the project title and clearly identify the item submitted. Each submittal package shall include an itemized list of the items submitted.

C. All Submittals will be reviewed within 14 days after being received by the Government. The Contractor shall allow the Government sufficient time for review, corrections, and resubmission of all Submittals prior to beginning the associated Work. The Contract Time shall not be extended based on incorrect or incomplete Submittals.

1.36 UNIT PRICE WORK

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.

B. Each unit price will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor’s overhead and profit for each separately identified item.

C. The unit price of an item of Unit Price Work shall be subject to revaluation and adjustment in accordance with part 1.42 in Section 00 73 00 – Supplemental Conditions under the following conditions:

JELA - 251674 00 73 00 - 16

1. If the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 15% from the estimated quantity of such item indicated in the Contract; and

2. If there is no corresponding adjustment with respect to any other item of Work; and

3. If the Contractor believes that it has incurred additional expense as a result thereof; or if the Government believes that the quantity variation entitles it to an adjustment in the unit price, either the Government or the Contractor may make a claim for an adjustment in the Contract Price if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

1.37 CLAIMS FOR EXTRA COST

A. The Contractor is expected to complete the Work according to the Contract Price specified in the Bid Documents. If the Contractor deems additional compensation is due for Work, materials, delays or other additional costs/or expenses not covered in the Contract or not ordered as extra Work, the Contractor shall give the Government written notice thereof within 14 calendar days after the receipt of such instructions and, in any event, before commencing the procedure. The Contractor shall justify the claim for extra cost by providing supporting data and calculations.

The Government shall determine whether the Contractor is entitled to be compensated for such extra cost and shall make any required adjustments of the Contract in accordance with part 1.42 of Section 00 73 00 – Supplemental Conditions. If no written claim is made within this 14 calendar-day period, the Contractor will be deemed to have waived any claim for extra cost for such Work.

B. Claim for damages or delays of the Work shall not be made by the Contractor for a relocation of the construction operation or portions thereof to other locations within the geographical scope of the project, when in the opinion of the Government, such relocation is necessary for the most effective prosecution of the Work and may be accomplished without undue hardship.

1.38 ALTERATION OF THE CONTRACT AND COMPENSATION

A. Using Change…