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ED-09-210
ED0921-10-S-0007
US Army Corps of Engineers
New Orleans District
Iberia Parish Wastewater Treatment Project
Iberia Parish, Louisiana
Construction Solicitation and Specifications
24 June 2010
PTC-i Ed 09-210
PROJECT TABLE OF CONTENTS
DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS
SF 1442
Special Instructions for Multiple Bidding Schedules 00010 Task Order Bidding Schedules – Options A & B 00700 Contract Clauses 00800 Wage Rates 00800 Affirmative Action Goals 01100 General Provisions
Division 01 - GENERAL REQUIREMENTS
01 11 00 Summary of Work –Wastewater Treatment Plant 01 32 16.00 20 Construction Progress Documentation 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 16.13 Contractor Quality Control 01 45 16.16 Quality Control System 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 57 23.01 12 Truck Wash-Down Racks 01 75 00 Starting and Adjusting 01 78 02.00 10 Closeout Submittals 01 78 23 Operation and Maintenance Data
Division 02 – EXISTING CONDITIONS
02 41 00 Demolition
Division 03 - CONCRETE
03 11 13 Structural Concrete Formwork 03 15 13 Expansion Joints, Contraction Joints, and Waterstops 03 20 01 Concrete Reinforcement 03 31 00 Cast-In-Place Structural Concrete 03 40 00.00 10 Plant-Precast Concrete Products for Below Grade Construction
Division 05 - METALS
PTC-ii Ed 09-210
05 50 13 Miscellaneous Metal Fabrications
DIVISION 09 - FINISHES
09 90 00 Paints and Coatings
DIVISION 13 - SPECIAL CONSTRUCTION
13 34 23 Fabricated Structures (Pre-Engineered Fiberglass Reinforced Plastic (FRP) Structure)
DIVISION 21 - FIRE SUPPRESSION
21 13 13 Wet Pipe Sprinkler System, Fire Protection
DIVISION 22 - PLUMBING
22 00 00 Plumbing, General Purpose 22 05 73.13 Valves, Piping and Equipment 22 07 19 Plumbing Pipe Insulation 22 13 23 Sewage Bar Screen 22 13 29.16 Submersible Sewerage Pumps
DIVISION 23 - HEATING VENTILATING AND AIR CONDITIONING
23 00 00 Air Supply, Distribution, Ventilation, and Exhaust Systems 23 05 93 Testing, Adjusting, and Balancing for HVAC 23 09 33 Electric and Electronic Control System for HVAC 23 23 00 Refrigerant Piping 23 81 26 Split-System Air Conditioners 23 82 39 Electric Unit Heaters
DIVISION 25 - INTEGRATED AUTOMATION
25 15 00 Remote Terminal Unit with Radio Communication for SCADA System
PTC-iii Ed 09-210
DIVISION 26 - ELECTRICAL
26 00 00.00 20 Basic Electrical Materials and Methods 26 05 00.00 40 Common Work Results for Electrical 26 05 19.00 10 Insulated Wire and Cable 26 05 71.00 40 Low Voltage Overcurrent Protective Devices 26 24 16.00 40 Panelboards 26 24 19.00 40 Motor Control Centers 26 24 19.00 60 Pump Control Panel for Three Pump Lift Station 26 28 01 Coordinated Power System Protection 26 32 13 Natural Gas Engine Driven Generator 26 36 23.00 20 Automatic Transfer Switches 26 41 00.00 20 Lighting Protection System 26 51 00.00 40 Interior Lighting 26 53 00 Exit Signs 26 56 00 Exterior Lighting 26 60 13.00 40 Low-Voltage Motors
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 05 26.00 40 Grounding and Bonding for Electronic Safety and Security
DIVISION 31 - EARTHWORK
31 11 00.00 12 Clearing and Grubbing 31 23 16.16 12 Structural Excavation and Backfill 31 23 19.00 12 Construction Dewatering 31 24 00.00 12 Embankment 31 52 13 Temporary Retaining Structures
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 15 00.00 12 Surfacing (Granular) 32 31 13 Chain Link Fences and Gates 32 92 19.00 12 Fertilizing and Seeding
DIVISION 33 - UTILITIES
33 05 23.16 Utility Pipe Jacking or Boring 33 30 00 Sanitary Sewers and Piping 33 34 00 Force Mains 33 47 13.53 Geomembrane Liner
PTC-iv Ed 09-210
33 47 23.13 Floating Baffle Curtains 33 71 02.00 20 Underground Electrical Distribution
DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION
35 20 16.53 Vertical Lift Gates (Slide Gates)
DIVISION 40 -PROCESS INTEGRATION
40 95 00 Process Control
DIVISION 43 - PROCESS GAS AND LIQUID HANDLING,
PURIFICATION, AND STORAGE EQUIPMENT
43 32 76 Chlorine Feeding Machines
DIVISION 44 - POLUTION CONTROL EQUIPMENT
44 42 13.00 20 Aeration Equipment
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
ED0921-10-S-0007
2. TYPE OF SOLICITATION
X
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED
06/24/10
PAGE OF PAGES
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
7. ISSUED BY W912P8
U.S. Army Corps of Engineers New Orleans District 7400 Leake Avenue New Orleans, LA 70118-3651
8. ADDRESS OFFER TO
U.S. Army Corps of Engineers New Orleans District Attn: CEMVN-CT-W (Jones) 7400 Leake Avenue, Room 184 New Orleans, LA 70118-3651
9. FOR INFORMATION
CALL:
a. NAME
Adam Jones
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
(504) 862-1839
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
ARRA/Stimulus Project; Iberia Parish Wastewater Treatment Project Iberia Parish, Louisiana
11. The Contractor shall begin performance 10 calendar days and complete it within calendar days after receiving FAR 52.211-10 for performance period X notice to proceed. This performance period is award, X mandatory, negotiable. (See
12a.THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12b).
X YES NO
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
d.Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
rejected.
c. All offers are subject to the (1) work reqiurements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
b.An offer guarantee X is, is not required.
a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00PM (hour) local time 06/28/10 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
ED 09-210
OFFER (Must be fully completed by offeror)
15. TELEPHONE NO. (Include area code)14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re-quirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a.NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
26. ADMINISTERED BY
Lafayette Area Office U.S. Army Corps of Engineers Attn: Ted Eilts 646 Cajundome Blvd, Suite 301 Lafayette, LA 70506-4280
27. PAYMENT WILL BE MADE BY
USAED New Orleans C/O USACE Finance Center (UFC) Attn: CEFC-AO-P 5720 Integrity Drive Millington, TN 38054-5005
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 30c. DATE
BY
STANDARD FORM 1442 (REV. 4-85) BACK
Special Instructions – Multiple Bid Schedules
IMPORTANT: This solicitation is subject to statutory funding limitations as identified under Notes 1 and 2 below. Due to funding limitations, this solicitation includes two separate bid schedules, identified as Option A (Wastewater Treatment Plant) and Option B (Pump Stations #1 & #2, Influent Force Main, Operations and Chlorination Building, Generator, and Miscellaneous Items). In order to be considered for award, offerors’ proposals must include a completed bid schedule for both Option A and Option B. It is the Government’s intent to award only Option A or Option B, but not both. The Government’s decision to award Option A or Option B will be made as follows: Prices offered for Option A and Option B will be evaluated separately. Prior to the opening of proposals, the Government will determine the amount of funds available for the project. If one or more offers for Option A are equal to or below the funds available for the project, award of Option A will be made to the lowest offeror who is otherwise eligible for award. If all offers for Option A exceed funds available for the project, Option A will not be awarded. In that event, if one or more offers for Option B are equal to or below the funds available for the project, award of Option B will be made to the lowest offeror who is otherwise eligible for award. Award of either Option A or Option B is subject to the statutory cost limitations of 33 U.S.C. 622 and 624.
* Note 1: This project is authorized by Section 219 of the Water Resources Development Act (WRDA) of 1992, Public Law 102-580 (106 STAT. 4835), as amended by Section 108(d) of Appendix D, Division B, Title I of the Consolidated Appropriations Act of 2000, P.L. 106-554 (114 STAT. 2763A-219 through 2763A-221.)
* Note 2: This solicitation is subject to the statutory limitation on the Government’s financial participation in the construction of the Section 219 Assistance Project as specified in Section 219(f) of the WRDA of 1992, Public Law 102-580, as amended.
00010 Option A - 3 Ed 09-210
SECTION 00010 – OPTION A - WASTEWATER TREATMENT PLANT
TASK ORDER BIDDING SCHEDULE
Iberia Parish Wastewater Treatment, Iberia Parish, Louisiana
Item
DESCRIPTION
Estimated Quantity
Unit
Unit Price
Amount
Mobilization and Demobilization
1 LS
0002 Silt Fences 5,300 LF
0003 Straw Bales 475 LF
0004 Diversion Dikes 500 LF
Structural Concrete at Wastewater Treatment Plant
351 CY
Boat Ramps at Wastewater Treatment Plant
1 LS
Miscellaneous Metal @ Wastewater Plant
1 LS
Fiberglass Reinforced Plastic Components
1 LS
Fiberglass Reinforced Plastic (FRP) Pipe And Tube Railings
1 LS
0010 Potable Water Service 1 LS
0011 Fire Hydrants 1 LS
0012 Sewage Bar Screen 1 LS
Remote Terminal Unit (RTU) – Treatment Plant
1 LS
Treatment Plant Electrical Service
1 LS
Electrical Installation – Treatment Plant
1 LS
0016 Motor Control Centers 1 LS
0017 Float Switch 1 EA
0018 Lightning Protection System 1 LS
Exterior Lighting – Treatment Plant
14 EA
0020 Clearing and Grubbing 1 LS
0021 Construction Dewatering 1 LS
0022 Embankment, Compacted Fill 1 LS
00010 Option A - 4 Ed 09-210
0023 Surfacing and Access Roads 1,950 CY
Reinforced Concrete Pipe at the Wastewater Treatment Plant
1 LS
0025 Chain Link Fence 2,736 LF
0026 Chain Link Fence Gate 1 EA
0027 Fertilizing and Seeding 8.0 AC
Installation of Influent and Effluent Lagoon Sanitary Sewer Piping and Appurtenances
1 LS
0029 Geomembrane Liner 143,500 SF
0030 Floating Baffle Curtains 1 LS
Underground Electrical Distribution
1 LS
0032 Vertical Lift Gates 4 EA
Process Instrumentation and Control System
1 LS
0034 Aeration Equipment 1 LS
TOTAL OPTION A $
Award will be made as a whole to one bidder.
NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE
AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID
SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR
AWARD.
NOTE 2: This solicitation is subject to statutory funding limitations as identified in the Special Instructions – Multiple Bidding Schedules. Due to funding limitations, this solicitation includes two separate bid schedules, identified as Option A (Wastewater Treatment Plant) and Option B (Pump Stations #1 & #2, Influent Force Main, Operations and Chlorination Building, Generator, and Miscellaneous Items). In order to be considered for award, offerors’ proposals must include a completed bid schedule for both Option A and Option B. It is the Government’s intent to award only Option A or Option B, but not both. The Government’s decision to award Option A or Option B will be made as follows: Prices offered for Option A and Option B will be evaluated separately. Prior to the opening of proposals, the Government will determine the amount of funds available for the project. If one or more offers for Option A are equal to or below the funds available for the project, award of Option A will be made to the lowest offeror who is otherwise eligible for award. If all offers for Option A exceed funds available for the
00010 Option A - 5 Ed 09-210 project, Option A will not be awarded. In that event, if one or more offers for Option B are equal to or below the funds available for the project, award of Option B will be made to the lowest offeror who is otherwise eligible for award. Award of either Option A or Option B is subject to the statutory cost limitations of 33 U.S.C. 622 and 624.
NOTE 3: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).
NOTE 4: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.
NOTE 5: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices; http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp�
00010 Option B - 3 Ed 09-210
SECTION 00010 – OPTION B – PUMP STATIONS #1 & #2, INFLUENT FORCE MAIN,
OPERATIONS AND CHLORINATION BUILDING, GENERATOR, AND
MISCELLANEOUS ITEMS,
TASK ORDER BIDDING SCHEDULE
Iberia Parish Wastewater Treatment, Iberia Parish, Louisiana
Item
DESCRIPTION
Quantity
Unit
Unit Price
Amount
Mobilization and Demobilization
1 LS
0002 Silt Fences 250 LF
0003 Straw Bales 25 LF
0004 Diversion Dikes 15 LF
0005 Demolition 1 LS
Structural Concrete @ Pump Station #1
17 CY
Structural Concrete @ Pump Station #2
37 CY
Precast Concrete @ Pump Station #1
1 LS
Precast Concrete @ Pump Station #2
1 LS
Miscellaneous Metal @ Pump Station #1
1 LS
Miscellaneous Metal @ Pump Station #2
1 LS
Pre-engineered FRP Structure-Operations Building
1 LS
Pre-engineered FRP Structure-Chlorine Building
1 LS
0014 Fire Protection System 1 LS
0015 Plumbing and Appurtenances 1 LS
0016 Natural Gas Service 1 LS
Pump Station #1 Submersible Pumps”
1 LS
Pump Station #2 Submersible Pumps”
1 LS
0019 Air System 1 LS
Electric and Electronic Control System for HVAC
1 LS
0021 Split-System Air Conditioners 1 LS
00010 Option B - 4 Ed 09-210
0022 Electrical Unit Heaters 1 LS
Remote Terminal Unit (RTU)- Pump Station #1
1 LS
Remote Terminal Unit (RTU) – Pump Station #2
1 LS
Pump Station #1 – De-Energization
1 LS
Pump Station #1 Electrical Service
1 LS
Electrical Installation – Pump Station #1
1 LS
Electrical Installation – Pump Station #2
1 LS
0029 Distribution Panelboard 1 LS
0030 Lighting Panelboard 1 LS
0031 Pump Control Panel 1 LS
0032 Float Switch 4 EA
0033 Level Transducer 2 EA
0034 Lightning Protection System 1 LS
0035 Interior Lighting 9 EA
0036 Exit Signs 4 EA
Exterior Lighting – Pump Station #1
1 EA
Exterior Lighting – Pump Station #2
1 EA
Installation of Equipment at Pump Station #1
1 LS
Installation of Sanitary Sewer and Equipment at Pump Station #2
1 LS
0041 By-Pass Pumping 1 LS
10" Force Main Leaving Pump Station #1
9,010 LF
Temporary Retaining Structures
1 LS
Jacking or Boring for 10" Force Main
1 LS
0045 Chain Link Fence 150 LF
0046 Chain Link Fence Gate 3 EA
0047 Fertilizing and Seeding 3.3 AC
00010 Option B - 5 Ed 09-210
10" Force Main Leaving Pump Station #2
2,140 LF
Natural Gas Engine Driven Generators
1 LS
0050 Vertical Lift Gates 1 EA
TOTAL OPTION B $
Award will be made as a whole to one bidder.
NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE
AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID
SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR
AWARD.
NOTE 2: This solicitation is subject to statutory funding limitations as identified in the Special Instructions – Multiple Bidding Schedules. Due to funding limitations, this solicitation includes two separate bid schedules, identified as Option A (Wastewater Treatment Plant) and Option B (Pump Stations #1 & #2, Influent Force Main, Operations and Chlorination Building, Generator, and Miscellaneous Items). In order to be considered for award, offerors’ proposals must include a completed bid schedule for both Option A and Option B. It is the Government’s intent to award only Option A or Option B, but not both. The Government’s decision to award Option A or Option B will be made as follows: Prices offered for Option A and Option B will be evaluated separately. Prior to the opening of proposals, the Government will determine the amount of funds available for the project. If one or more offers for Option A are equal to or below the funds available for the project, award of Option A will be made to the lowest offeror who is otherwise eligible for award. If all offers for Option A exceed funds available for the project, Option A will not be awarded. In that event, if one or more offers for Option B are equal to or below the funds available for the project, award of Option B will be made to the lowest offeror who is otherwise eligible for award. Award of either Option A or Option B is subject to the statutory cost limitations of 33 U.S.C. 622 and 624.
NOTE 3: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).
NOTE 4: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.
NOTE 5: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices; http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp�
00700-a Ed 09-210
Section Table of Contents
SECTION 00700 – CONTRACT CLAUSES
1. ........COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
2. ........LIQUIDATED DAMAGES
3. ........CONTRACT DRAWINGS AND SPECIFICATIONS
4. ........PHYSICAL DATA
5. ........AVAILABILITY AND USE OF UTILITY SERVICES
6. ........SCHEDULES FOR CONSTRUCTION CONTRACTS
00700 - 1 Ed 09-210
SECTION 00700 – CONTRACT CLAUSES
1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(FAR 52.211-10 - APR 1984)
The Contractor shall be required to
(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,
(b) Prosecute the work diligently, and
(c) Complete the entire work ready for use not later than 380 calendar days for OPTION A; or 450 calendar days for OPTION B after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.
End of Clause
The Contractor is hereby informed that time allowed for completion of work has been established as the shortest reasonable duration and that he/she shall make any and all provisions necessary (multiple crews, overtime, concurrent operations, etc.) to accomplish the work within the available time period.
2. LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,095.00 per day.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of Clause)
3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001 – AUG
2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall --
00700 - 2 Ed 09-210
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general --
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
Iberia Parish Wastewater H-8-47383 PSG 001 – 002, PSC 001, Treatment Project, Iberia Parish, PLM 101 – 114, PSS 101 – 104, Louisiana PSS 301 – 303, PSM 101 – 103, PSM 301 – 304, PSM 601, PSM 701
PSE 101 – 105, PSE 201 – 202,
PSE 501, PSE 601 – 604, TFG 001,
TFS 301, TFC 101 – 107,
TFC 501 – 502, TFS 001, TFS 101,
TFS 401 – 403, TFS 501 – 502,
TFF 101, TFD 101 – 106, TFD 501 –
502, TFM 108 – 113, TFM 309 – 310,
TFM 401 – 402, TFP 101 – 103,
TFP 501 – 502, TFE 001 – 002,
TFE 101 – 109, TFE 501 – 503,
TFE 601 – 604, V 101 – 106
00700 - 3 Ed 09-210
(End of Clause)
NOTE: PLAN DRAWING SIGNATURES: The plan drawings accompanying this solicitation have been submitted and approved by the individuals shown in the title blocks on the plans. The actual signatures of the individuals shown on the plans are on file and are available for inspection at U.S. Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, P.O. Box 60267, New Orleans, Louisiana 70160-0267, and access thereto may be had upon request.
4. PHYSICAL DATA (FAR 52.236-4 - APR 1984)
Data and information furnished or referred to below is for the Contractor's information.
The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and borings. Field notes, graphic boring logs, field and laboratory test results, and other data on which this information is based are available at U.S. Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, P.O. Box 60267, New Orleans, Louisiana 70160-0267, and access thereto may be had upon request.
(b) Weather Conditions
. Data on weather conditions may be obtained from the National Weather Service.
(c) Transportation Facilities. The project location is north of the city of New Iberia.
Access to and from the Site: Overland access to and from the site shall be via W.
Admiral Doyle Dr. (Hwy. 674), in Iberia Parish, Louisiana.
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(d) The Contractor is responsible for keeping streets free of mud, tracking, spillage and/or other surface pollution from his equipment and operations.
Contractor shall take whatever means required (i.e., street cleaners, manual labor, water trucks with sprayers) as often as needed to maintain clean streets near the work site. All debris resulting from street cleaning operations shall be hauled off-site and disposed of properly.
(e) Estimates of quantities involved in certain items of work for which bids are being solicited on a lump sum or job basis have been made for the use of the Government. Copies of these quantity estimates may be viewed/obtained by contacting the Chief Cost Engineer, John Petitbon, same address as stated in subparagraph (a) above. It is expressly understood that the accuracy of these estimates is in no way warranted and that the furnishing of this information to a bidder will not relieve him of his responsibility to estimate the quantities involved.
00700 - 4 Ed 09-210
5. AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14 - 1984 APR)
The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.
6. SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15 - APR 1984
(a) The Contractor shall, within five days after the NTP on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.
General Decision Number: LA100006 05/21/2010 LA6
Superseded General Decision Number: LA20080006
State: Louisiana
Construction Type: Heavy
Counties: Allen, Assumption, Avoyelles, Beauregard, Bienville, Caldwell, Cameron, Catahoula, Claiborne, Concordia, De Soto, East Carroll, East Feliciana, Evangeline, Franklin, Grant, Iberia, Iberville, Jackson, Jefferson Davis, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Pointe Coupee, Red River, Richland, Sabine, St Helena, St Mary, Tangipahoa, Tensas, Union, Vermilion, Vernon, Washington, West Carroll, West Feliciana and Winn Counties in Louisiana.
HEAVY CONSTRUCTION PROJECTS (includes water wells, water & sewer lines, and flood control; excludes elevated storage tanks)
Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 05/21/2010
ELEC0130-007 12/01/2009
ASSUMPTION AND ST. MARY (Northeast of Atchafalaya River)
PARISHES
Rates Fringes
ELECTRICIAN......................$ 25.75 8.86
ELEC0194-006 03/04/2010
BIENVILLE, CLAIBORNE, DE SOTO, NATCHITOCHES (Northeast of the Red River), and RED RIVER PARISHES
ELECTRICIAN
Lineman and Heavy Equipment Operator..........$ 24.50 8.74
ELEC0446-004 03/01/2010
CALDWELL, EAST CARROLL, FRANKLIN, JACKSON, LINCOLN, MADISON,
MOREHOUSE, RICHLAND, TENSAS, UNION, and WEST CARROLL PARISHES
ELECTRICIAN......................$ 20.55 8.22
ELEC0576-002 03/01/2010
5/28/2010http://www.wdol.gov/wdol/scafiles/davisbacon/LA6.dvb
AVOYELLES, CATAHOULA, CONCORDIA, EVANGELINE, GRANT, LA SALLE,
NATCHITOCHES (Southwest of Red River), SABINE, VERNON, AND WINN
PARISHES
ELECTRICIAN......................$ 22.50 5.66
ELEC0861-004 09/01/2009
ALLEN, BEAUREGARD, CAMERON, IBERIA, JEFFERSON DAVIS, ST. MARY
(Southwest of Atchafalaya River), AND VERMILION PARISHES
ELECTRICIAN......................$ 24.22 9.20
ELEC0995-002 01/01/2010
EAST FELICIANA, IBERVILLE, POINTE COUPEE, ST. HELENA, AND WEST
FELICIANA PARISHES
ELECTRICIAN......................$ 22.78 7.82
* ELEC1077-005 03/01/2010
TANGIPAHOA and WASHINGTON PARISHES
Rates Fringes
ELECTRICIAN......................$ 21.50 6.74
SULA2004-008 05/19/2004
Rates Fringes
CARPENTER (including formsetting/formbuilding)........$ 14.75 0.00
Laborers:
Common......................$ 7.60 0.00 Pipelayer...................$ 8.47 0.00
PIPEFITTER (excluding pipelaying)......................$ 18.75 4.05
Power equipment operators:
Backhoe/Excavator...........$ 11.67 0.00 Boring Machine..............$ 10.25 0.00 Bulldozer...................$ 11.82 0.00 Crane.......................$ 13.60 0.00 Dragline....................$ 13.12 0.00 Front End Loader............$ 9.93 0.00 Mechanic....................$ 12.50 0.00
Trackhoe....................$ 11.99 0.00 Tractor.....................$ 10.43 0.00 Water Well Driller..........$ 10.73 2.01
Truck drivers:
Dump........................$ 10.00 0.00 Water.......................$ 8.00 0.00
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OORTUNITY (APRIL 1984)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Minority Participation Goals for Female Participation for Each Trade for Each Trade
SMSA (Lafayette) Counties 20.6% 6.9% Non-SMSA Counties 24.1% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Program Office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goal shall be a violation of the contract. Executive Order 11246, as amended, and the regulation in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 working days following award of an y construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notifications shall list the -
(1) Name, address, and telephone number of the subcontractor;
(i) Employer identification number of the subcontractor
(2) Estimated dollar amount of the subcontract;
(3) Estimated starting and completion dates of the subcontract;
performed.
and
(4) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting form this solicitation, the "covered area" is (FAR 52.222-23) Economic Area 115, Lafayette, LA as follows:
Standard Metropolitan Statistical Area
(SMSA) Counties:
3880 Lafayette, LA ---------------------------------------------- 20.6% LA Lafayette
Non-Standard Metropolitan Statistical Area
(Non-SMSA) Counties --------------------------------------------- 24.1% LA Acadia; LA Evangeline; LA Iberia; LA St. Landry;
LA St. Martin; LA St. Mary; LA Vermilion
Federal Register/Vol. 45 No. 194/Friday, October 3, 1980
01100-a Ed 09-210
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 6
5. ARRA SEAL/PROJECT SIGN 8
6. RIGHTS-OF-WAY 8
7. CERTIFICATES OF COMPLIANCE 9
8. ENVIRONMENTAL LITIGATION 10
9. UTILITIES AND IMPROVEMENTS 10
10. PERMISSIBLE HOURS OF WORK 13
11. AGGREGATE SOURCES 13
12 STONE SOURCES 15
13. FORMAT OF SURVEYS 17
14. PROJECT BENCHMARKS 18
15. REQUIRED INSURANCE SCHEDULE 18
16. COMMERCIAL WARRANTY 19
17. ACCESS PLAN 19
18. EXISTING FACILITIES 19
19. DAMAGED STRUCTURES AND ROADWAYS 21
20. FIELD VERIFICATION OF UTILITY LOCATIONS 21
21. GENERAL ORDER OF WORK 21
01100- 1 Ed 09-210
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) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS
BASED ON (5) DAY WORK WEEK
Jan
Feb
Mar
Apr
May Jun Jul Aug Sep
Oct
Nov Dec
4 7 6 5 4
7 7
(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will 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 paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and
01100- 2 Ed 09-210 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 lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or lump sum 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 Sept 2008 edition of EM 385-1-
1. The current document can be found at EM 385-1-1 COE Safety Manual.
(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 Program. (See the Contract Clause in Section 00700, entitled Accident Prevention (AAP) (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, seven copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and acceptance. The program shall be prepared in the following format:
(1) Executed MVN Form 385-43 (Latest Edition), Administrative Plan (available upon request), see Appendix A of EM 385-1-1.
01100- 3 Ed 09-210
(2) Executed MVN 385-43/1 (Latest Edition), Accident Prevention Plan Checklist and MVN Form 385-43/2 (Latest Edition), Activity Hazard Analysis (available upon request), see Figure 1-1 of EM 385-1-1.
(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, (available upon request). (Refer to 33 CFR 156).
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 program. The Contractor may submit its Activity Hazard Accident Prevention Program 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, Material 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 material safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous 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 Material 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 Program. 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.
(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 16.13, "CONTRACTOR QUALITY CONTROL". The reports shall be records of
01100- 4 Ed 09-210 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 Pizzuto @ 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 (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.
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