LPV52A-09-H-0037.pdf

ED 09-037

Task Order for HubZone MATOC

US Army Corps of Engineers ® New Orleans District

LAKE PONTCHARTRAIN AND VICINITY

LOUISIANA PROJECT

NORTH OF AIRLINE HIGHWAY

ST. CHARLES PARISH

LEVEE – REACH 2A SHELL PIPELINE

TO GOODHOPE AND SHELL

PIPELINE FLOODWALL

REPLACEMENT-PHASE 2

LPV – 05.2A

Construction Solicitation and Specifications

9 November 2009

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

P. O. BOX 60267

NEW ORLEANS, LOUISIANA 70160-0267

REPLY TO

ATTENTION OF

Task Order for HubZone MATOC:

FOR: Lake Pontchartrain and Vicinity, Louisiana Project, North of Airline highway, St. Charles Parish, Levee – Reach 2A Shell Pipeline to Goodhope and Shell Pipeline Floodwall Replacement – Phase 2, LPV – 05.2A

TO OPEN: 19 November 2009, 2:00 PM CST

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION. Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. (DFARS 204.7302) Prospective contractors must be registered in the CCR database prior to award of a contract. By regulation, no DOD contract can be awarded to any contractor that is not registered in the Department of Defense “Central Contractor Registration” (CCR). If your company is not currently registered in the CCR you may do so by simply going to http://www.ccr.gov. You will be required to provide your company’s Dun and Bradstreet number. If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at (800) 333-0505.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS IS

PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: the work consists of constructing a new bridge, clearing the existing levee and berms, borrow area preparation, removal of existing floodwall and pipeline, degrading to el. +2.0 (navd88 2004.65) , placement of compacted fill, enlargement of existing levee, new access road with geotextile and surfacing, fertilizing and seeding, maintenance of access roads, and other incidental work.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL", DATED NOVEMBER 2008.

ATTENTION:

Effective January 1, 2005, all Contractors who submit an offer/bid are required to register in the Online Representations and Certifications Applications (ORCA). See FAR Clauses 52.204-7 and 52.204-8 for required information. The Web site for ORCA is http://orca.bpn.gov. ORCA registration replaces some of the Representations and Certifications normally found in Section 0600.

Lake Pontchartrain and Vicinity Louisiana Project

North of Airline Highway St. Charles Parish

Levee – Reach 2A Shell Pipeline to Goodhope and Shell Pipeline Floodwall Replacement– Phase 2

PTC-i ED 09-037

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENT

00010 Solicitation, Offer and Award (SF-1442) Bidding Schedule 00130 Proposal Evaluation Criteria 00700 Contract Clauses 01100 General Provisions

DIVISION 01 - GENERAL REQUIREMENTS

01 32 16.00 20 Construction Progress Documentation 01 33 00 Submittal Procedures 01 45 02.0010 Quality Control System 01 45 04.00 10 Contractor Quality Control 01 53 00.01 12 Temporary Flood Protection 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Measures 01 57 23.01 12 Truck Wash-Down Racks

DIVISION 02 – EXISTING CONDITIONS

02 41 00 Demolition

DIVISION 03 – CONCRETE

03 48 50 Precast Concrete Bridge 03 30 04.00 12 Concrete for Minor Structures

DIVISION 31 - EARTHWORK

31 05 19.04 12 Separator Geotextile 31 05 19.05 12 Reinforcement Geotextile 31 11 00.00 12 Clearing and Grubbing

Lake Pontchartrain and Vicinity Louisiana Project

North of Airline Highway St. Charles Parish

Levee – Reach 2A Shell Pipeline to Goodhope and Shell Pipeline Floodwall Replacement– Phase 2

PTC-ii ED 09-037

31 23 00.00 12 Excavation 31 23 16.16 12 Structural Excavation and Backfill 31 24 00.00 12 Embankment 31 62 13.20 12 Prestressed Concrete Piles 32 34 00.02 12 Precast Concrete Bridge Deck Units

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 15 00.00 12 Surfacing (Granular) 32 31 13 Chain Link Fences and Gate 32 92 19.04 12 Turf Establishment and Maintenance 34 72 13.27 12 Guard Rail

LPV52A-09-H-0037 X 9 November 2009 1 2

USACE, New Orleans District

CEMVN-CT-W

7400 Leake Ave.

New Orleans, LA 70118-3651

USACE, New Orleans District CEMVN-CT-W, Attn: Lauren Gandolfi 7400 Leake Ave.

New Orleans, LA 70118-3651

Lauren A. Gandolfi 504-862-2340

Task Order for HubZone MATOC - LPV 05.2a, North Of Airline Hwy, St. Charles Parish Levee – Reach 2A Shell Pipeline To Goodhope And Shell Pipeline Floodwall Replacement – Phase 2

10 343 X X

X 5

0 2:00P 9/19 2009

X

New Orleans East Bank Area Office 990 N.Corporate Drive Suite 102 Harahan, LA 70123

USAED New Orleans c/o USACE Finance Center Attn: CEFC-AO-P Millington, TN 38054-5005

00010-3 ED 09-037

SECTION 00010 – TASK ORDER BIDDING SCHEDULE

Lake Pontchartrain And Vicinity, Louisiana Project, North Of Airline Highway, St. Charles Parish, Levee – Reach 2A Shell Pipeline To Goodhope And Shell Pipeline Floodwall Replacement – Phase 2, LPV – 05.2A

Item

DESCRIPTION

Estimated Quantity

Unit

Unit Price

Estimated Amount

0001 Mobilization and Demobilization 1 LS

0002 Utilities 1 LS

0003 Traffic Control and Coordination 1 LS

0004 Truck Wash-Down Rack 1 LS

0005 Demolition 1 LS

0006 Reinforced Bridge Approach Slab (9”) 1 LS

0007 Separator Geotextile 10,100 SY

0008 Reinforcement Geotextile 26,500 SY

0009 Clearing and Grubbing 1 LS

0010 Degrading Existing Levees 66,000 CY

0011 Embankment, Compacted Fill 190,000 CY

0012 Uncompacted Fill 5,380 CY

0013 Sand Fill 14,800 CY

0014 Piling, Concrete Precast, Prestressed (16" x16") 1,978 LF

0015 Road Surfacing 5,800 CY

0016 Chain Link Fences and Gates 1 LS

0017 Precast Concrete Bridge 1 LS

0018 Seeding and Mulching 38 AC

0019 Lime Soil Amendment (Optional) 38 TON

0020 Sulfur Soil Amendment (Optional) 19 TON

0021 Fertilizer

0021AA First 2,300 LBS 2,300 LBS

0021AB All Over 2,300 LBS 1,700 LBS

00010-4 ED 09-037

0022 Guard Rail 352 LF

0023 Temporary Access Ramps 1 LS

TOTAL: $

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: 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 3: 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 4: OPTIONAL ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as optional items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the options by written notice to the Contractor. Bidders shall bid on all items including optional items (see “Evaluation of Options” FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

NOTE 5: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

NOTE 6: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp

00010-5 Ed 09-037

EVALUATION OF SUBDIVIDED ITEMS. (EFARS 52.211-5000 - MAR 95).

Item No. 0021 is subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS. (EFARS

52.211-5001 - MAR 95).

The Variations in Estimated Quantities Subdivided Items clause is applicable only in Item No. 0021.

a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for Item No. 0021 is less than 85% of the quantity of the first sub-item listed under such items, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity .

c. If the quantity of work performed under Item No. 0021 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

General Decision Number: LA080008 11/06/2009 LA8

Superseded General Decision Number: LA20070012

State: Louisiana

Construction Type: Heavy

Counties: Jefferson, Orleans, Plaquemines, St Bernard, St Charles, St James, St John the Baptist and St Tammany Counties in Louisiana.

HEAVY CONSTRUCTION PROJECTS (Includes flood control, water & sewer lines, and water wells. Also includes elevated storage tanks in all listed parishes except Plaquemines and St. James.

Excludes industrial construction-chemical processing, power plants, and refineries.)

Modification Number Publication Date 0 02/08/2008 1 05/09/2008 2 06/06/2008 3 07/04/2008 4 09/05/2008 5 01/16/2009 6 02/13/2009 7 03/13/2009 8 05/15/2009 9 06/12/2009 10 07/10/2009 11 07/24/2009 12 08/14/2009 13 08/28/2009 14 10/02/2009 15 11/06/2009

CARP1846-006 07/01/2009

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 21.31 6.35 Millwright/Piledriverman.........$ 21.31 6.35

ELEC0130-005 12/01/2008

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JAMES, AND ST. JOHN THE BAPTIST PARISHES

Rates Fringes

ELECTRICIAN (including low voltage wiring)..................$ 25.00 8.33

ELEC1077-002 09/01/2009

ST. TAMMANY PARISH

11/9/2009http://www.wdol.gov/wdol/scafiles/davisbacon/LA8.dvb

ELECTRICIAN (including low voltage wiring)..................$ 21.50 6.34

ENGI0406-018 07/01/2009

Rates Fringes

POWER EQUIPMENT OPERATOR

Bulldozer...................$ 21.26 6.70 Mechanic....................$ 23.31 6.70

* PLAS0567-003 07/01/2009

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JOHN THE BAPTIST, and ST. TAMMANY PARISHES

Cement Mason/Concrete Finisher...$ 23.06 4.24

PLAS0812-003 06/01/2004

ST. JAMES PARISH

Rates Fringes

Cement Mason/Concrete Finisher...$ 21.85 0.00

PLUM0060-002 06/01/2009

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JAMES (Southeastern Portion), ST. JOHN THE BAPTIST, and ST.

TAMMANY PARISHES

PLUMBER/PIPEFITTER (excluding pipe laying).....................$ 25.77 8.68

PLUM0198-005 07/01/2009

ST. JAMES PARISH (Northwestern Portion)

Rates Fringes

PLUMBER (excluding pipe laying)..........................$ 24.44 7.89

SULA2004-007 05/13/2004

Rates Fringes

CARPENTER (all other work).......$ 13.75 2.60

Laborers:

Common/Landscape............$ 9.88 0.00 Fence.......................$ 11.24 0.00 Flagger.....................$ 8.58 0.00 Mason Tender................$ 7.25 0.00 Pipelayer...................$ 9.84 0.00

PIPEFITTER (excluding pipelaying)......................$ 17.52 4.51

Power equipment operators:

Backhoe/Excavator...........$ 14.42 0.00 Crane.......................$ 16.34 3.30 Dragline....................$ 16.50 0.00 Front End Loader............$ 13.89 0.00 Oiler.......................$ 10.03 0.00

Truck drivers:

Dump........................$ 11.01 0.00 Pickup......................$ 12.25 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 TO CONTRACTOR

This solicitation contains two sets of goals for minority participation in construction crafts on this contract. They are the New Orleans Hometown Plan and the New Orleans Standard Metropolitan Statistical Area (SMSA).

Contractor will determine the goals applicable to him by the following:

Hometown Plan applies only to those contractors who are signatory to the Hometown Plan and utilizing crafts signatory to the plan.

New Orleans Standard Metropolitan Statistical Area (SMSA) applies to all contractors in the New Orleans SMSA area not signatory to the Hometown Plan, or utilizing crafts not signatory to the plan.

Federal Register/Vol. 45, No. 194/Friday, October 3, 1980

SOLICITATION PROVISION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

The Bidder’s attention is called to “EQUAL OPPORTUNITY” and “LOCAL AFFIRMATIVE ACTION PLAN” clauses of the contract.

The acceptable ranges of minority manpower utilization, expressed in percentage terms, are as follows:

Goals for Minority Goals for Female Timetables Participation for Participation in

Each Trade______ Each Trade_____

Indefinitely 20% - 23 % 6.9%

The Bidder shall, within 5 days after a request therefor by the Contracting Officer of his duly authorized representative, submit the following information.

(a) A list of the construction trades he intends to use, either directly or through subcontractors at any tier, in the performance of work covered by this solicitation;

(b) A list of the labor organizations with which he has collective bargaining agreements and which are signatories to the Hometown Plan with respect to trades for which specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan;

(c) A list of the labor organizations with which he has collective bargaining agreements and which are not signatories to the Hometown Plan or which are signatories thereto but with respect to trades for which no specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan, and

(d) A list of all current construction work or contracts to which he is a party in any capacity in the covered area.

As used in this NOTICE and the contract to result from this solicitation:

(a) “Hometown Plan” or “Plan” means the NEW ORLEANS Plan, consisting of “An Agreement for Implementation of Employment of Minorities in the New Orleans Building Construction Industry.”

(b) “The covered area” means Orleans, Jefferson, St. Bernard, St.

Tammany, St. Charles, St. John, Lafourche, Plaquemines, Washington, Terrebonne, Tangipahoa*, Livingston** and St.

James*** Parishes, Louisiana.

(c) “Director, OFCC” means the Director, Office of Federal Contract Compliance, United States Department of Labor, or any person to whom he delegates authority; and

(d) “Minority” means Negro, Spanish-surnamed American, Oriental, and American Indian, and includes both men and women.

* Area covered is east of the Illinois Central Railroad.

** Area covered is southeast of the line from a point of the Livingston &

Tangipahoa Parish line adjacent from New Orleans and Baton Rouge.

*** Area covered is southeast of a line drawn from the town of Gramercy to the point of intersection of St. James, Lafourche and Assumption Parishes.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (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 Counties MS 19.2% 6.9% SMSA Counties LA 31.0% 6.9% Non-SMSA Counties 27.7% 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 the 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 goals shall be a violation of the contract. Executive Order 11246, as amended, and the regulations 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 a 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;

and

(4) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is (FAR 52.222-23) Economic Area 113, New Orleans, LA as follows:

Standard Metropolitan Statistical Area

(SMSA) Counties:

0920 Biloxi – Gulfport, MS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19.2% MS Hancock; MS Harrison; MS Stone

5560 New Orleans, LA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 31.0% LA Jefferson; LA Orleans; LA St. Bernard; LA St. Tammany

Non-Standard Metropolitan Statistical Area

(Non-SMSA) Counties - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 27.7% LA Assumption; LA Lafourche; LA Plaquemines; LA St. Charles;

LA St. James; LA St. John the Baptist; LA Tangipahoa;

LA Terrebonne; LA Washington; MS Forrest; MS Lamar; MS Marion;

MS Pearl River; MS Perry; MS Pike; MS Walthall

00700-a ED 09-037

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

00700-1 ED 09-037

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 343 calendar days after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.

NOTE. 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 $2,555.00 for each calendar day of delay until the work is completed or accepted.

(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.

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.

00700-2 ED 09-037

(b) The Contractor shall --

(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 mis-description 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 mis-described 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.

Lake Pontchartrain Vicinity H-8-46877 C-01 to C-18 Louisiana Project S-101 to S-108 Northof Airline Highway CS-01 to CS-06 St. Charles Parish Levee – Reach 2A Shell Pipeline to Goodhope and Shell Pipeline Floodwall Replacement – Phase 2

LPV – 05.2A

(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

00700-3 ED 09-037

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.

1. The Contractor shall access the project site from Airline Highway and construct the new bridge at the location shown on the plans. The new bridge and Swepi Road shall be the only access to the project area.

Swepi Road shall only be utilized for construction of the new access bridge. The Contractor is not allowed to haul embankment material to the site via Swepi Road. Use of the Swepi Road access shall cease once the new access bridge is constructed. All access to the site shall then be from the new access bridge. The Contractor may shut down the northern most lane of Airline Highway during construction of the new bridge. The northern most lane of Airline Highway cannot be shut down and must be open to traffic from 3:00 p.m. to 6:00 p.m. The access at Bayou Trepagnier shall not be used at any point during construction. The Contractor will experience other Contractors in the vicinity of the Bonnet Carre borrow pits and along Airline Highway. The Contractor shall provide flagmen as needed to direct traffic on Airline Highway. The Contractor will experience heavy public traffic along Airline Highway. The Contractor shall prepare and submit a traffic control plan as specified in Section 01 55

26.00 12 TRAFFIC CONTROL AND COORDINATION. Fifteen (15) mph speed limit signs shall be posted within the construction area.

2. Access to the Government furnished borrow area in the Bonnet Carre

Spillway is from Airline Highway, the levee access ramp over the lower guide levee and graded unsurfaced roads in the spillway. Roads in the spillway are principally maintained by permitted sand haulers and in some

00700-4 ED 09-037

instances by the Government. The Contractor shall obtain specific permission for the extension of the existing roads or the construction of new roads within the spillway from the Contracting Officer. The Contractor shall maintain any roads, extension of roads that he constructs, and contributes on the basis of usage, the maintenance of any existing or other roads within the spillway limits that benefits his activities. Speed of all vehicles operating on roads within the spillway limits is restricted to 20 mph maximum. Hauling vehicles shall come to a full stop at all intersections. Hauling over the spillway levee to the borrow and stockpile areas is restricted to those approved ramps that are properly maintained, subject to the approval of the Contracting Officer.

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) The Contractor is responsible for dust abatement due to hauling and construction activities. The Contractor is responsible for maintaining water trucks with sprayers at the work site and at the borrow site. The Contractor shall water all haul roads at the construction site and haul roads at the Bonnet Carre spillway that the Contractor utilizes to keep airborne dust to a minimum.

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 District Commander, Attn: Charlie Zammit, 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.

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Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 1

2. DAMAGE TO WORK 2

3. SAFETY PROVISIONS 2

4. INSPECTOR'S FIELD OFFICE 7

5. PROJECT SIGN 8

6. RIGHTS-OF-WAY 8

7. CERTIFICATES OF COMPLIANCE 10

8. ENVIRONMENTAL LITIGATION 10

9. UTILITIES AND IMPROVEMENTS 10

10. PERMISSIBLE HOURS OF WORK 13

11. U.S ARMY CORPS OF ENGINEERS CRD-C STANDARDS 14

12. STONE SOURCES 14

13. FORMAT OF SURVEYS 16

14. PROJECT BENCHMARKS 17

15. REQUIRED INSURANCE SCHEDULE 17

16. LEVEE CLOSURE PLAN 18

17. ACCESS PLAN 18

18 IMPENDING STORM PLAN 19

19. BORROW CONTINGENCY PLAN 20

20. ORDER OF WORK 21

21. TEMPORARY NO WORK AREA 22

22. COORDINATION WITH LOCAL INTEREST 22

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SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

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

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) 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

(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

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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 September 2008 edition of EM 385-1-1.

(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, four 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.

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(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 29 CFR Part 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, inventory list of hazardous substances brought onto the worksite, and employee training program, and other criteria in accordance with 29 CFR Part 1910.1200 and 29 CFR Part 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 Part 1910.1200 and 29 CFR Part 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 list 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

04.00 10, "CONTRACTOR QUALITY CONTROL". The reports shall be records

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of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

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

(2) Locations of areas where inspections were made.

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

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

The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The sign coordinator is Mary 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 30-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. Such positive means shall be signs, signals, and/or signalmen and an effective means of speed control.

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

(3) Construction haul road areas are designated on the plans (Sheets CS- 01 to CS-06). If the Contractor chooses to use alternative construction haul road areas he/she must submit the alternative construction haul road

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areas to the Contracting Officer for approval. The construction haul road areas which are within the new levee footprint must have embankment added as specified in Section 31 24 00.00 12 Embankment to the grade shown on the plans prior to use as a haul road. The new levee must be constructed around the construction haul road. Measurement for haul roads will be in accordance with Section 31 24 00.00 12 Embankment paragraph 1.3.1 Embankment and Berms. Payment for haul roads will be in accordance with Section 31 24 00.00 12 Embankment paragraph 1.4.1 Embankment and Berms. When the new levee is to final grade and the construction haul road is no longer in use, moisture and compaction tests must be performed on the construction haul road area as specified in Section 31 24 00.00 12 Embankment. If the tests show that the construction haul road area no longer meets the criteria in Section 31 24

00.00 12, the top 0.5’ layer of the construction haul road (or to the existing ground, whichever is less) must be removed, reprocessed and replaced in accordance with Section 31 24 00.00 12 Embankment. If it is necessary to remove, reprocess and replace the top layer of the haul road, an equitable adjustment shall be made pursuant to the Contract Clause in Section 00700, entitled Changes (FAR 52.243-4).

(4) If, for drainage purposes, it is necessary to remove material from the construction haul road, that material must be replaced and meet the criteria of Section 31 24 00.00 12 prior to constructing the new levee in the area where the material was removed.

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

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

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

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

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

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

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(k) Hurricane Plan. A detailed plan for protection and evacuation of personnel and the construction site, in the event of an impending hurricane or storm, is required as an enclosure to the Contractor's Accident Prevention Program. This plan shall be submitted to the Contracting Officer, or his/her representative, for review prior to the preconstruction conference. The plan shall include at least the following:

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

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

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

(m) Handling Sheet Piling: The Contractor’s personnel shall not sit or place themselves on top of the sheet piling during the handling, installation, and removal of the piling.

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

(o) Contractor shall employ a competent person at each project to function as the Site Safety and Health Office (SSHO). The SSHO will manage the Contractor’s APP. (This may be a collateral duty responsibility unless specified differently in the contract.) See EM 385-1-1 Appendix A. paragraphs 4 and 7.

The person(s), as a minimum, must have completed the 30-hour OSHA Construction safety class or an equivalent course applicable to the work to be performed and given by qualified instructors. Such training shall have been within the last three (3) years. An SSHO shall be on-duty at all times when work is being performed and shall be responsible for enforcing and implementing the Contractor’s Safety and Health Program in accordance with the accepted APP.

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4. INSPECTOR'S FIELD OFFICE

(a) The Contractor shall furnish, throughout the contract period, for the exclusive use of the Government employees, a temporary waterproof building, or trailer, to be utilized as a field office. It shall be conveniently located at the site of construction and shall be independent of any building, or trailer, used by the Contractor. Toilet facilities and potable water, including bottled water with water cooler, shall be provided within the Inspector's office. It shall be equipped with approved electrical wiring, private telephone service, a telephone answering machine, a fax / copier / printer machine, at least two ceiling lamp receptacle, at least two double convenience outlet, and the required switches and fuses, to provide 110-volt power for lighting and operating a laptop computer and printer.

It shall be equipped with an air conditioning unit to provide cooling in warm or hot weather, and a heater, properly installed and vented in accordance with the National Fire Protection Association Code, for heating in cold weather, as required. The Contractor shall make the necessary arrangements to obtain or to generate the power required to operate the air conditioning unit, lights, and laptop computer and printer, and the power or fuel required for the heater, and shall bear the cost thereof. A drafting table providing a working surface having dimensions of at least 4-feet by 6-feet (which may consist of a piece of plywood, at least 3/4-inch thick, hinged to a wall of the building with hinged legs) shall be installed in the building.