OFC003-11-S-0005.pdf

SOLICITATION# OFC003-11-S-0005

U.S. Army Corps of Engineers®

HURRICANE PROTECTION OFFICE

REMEDIATION OF FLOODWALLS ON

THE LONDON AVENUE CANAL

OFC-03

ORLEANS PARISH, LOUISIANA

HURRICANE PROTECTION OFFICE

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

NOVEMBER 2010 FOR CONSTRUCTION

MIGUEL LANG 504 862-2546

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12 NOV 2010

(RFP)

(IFB)

x

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______10 calendar days and complete it within ___150 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See FAR 52.211-10____________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

* YES (SEE BLOCK 10)

NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __1_______ copies to perform the work required are due at the place specified in Item 8 by 2:00PM local time 22 November 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, CONTRACTING DIVISION

ATTN: HPO CT - ROOM 184

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

OFC-03C

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

OFC003-11-S-0005 2

THIS ACQUISITION IS 100% SET ASIDE FOR THE SERVICE DISABLED VETERAN OWNED SMALL BUSINESS

MATOC.

OFC-03 - The work consists of clearing and grubbing, including removal of debris, placing compacted clay embankment fill and other incidental work; providing traffic control; removal and installation of sheet puling and jet grouting to provide seepage cut-off; construction of reinforced concrete caps and tie-in slabs; and other incidental work.

CAGE CODE: DUNS NO.

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

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.

the minimum requirements 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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY: 26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

B2CTPLTD

Typewritten Text

US ARMY CORPS OF ENGR FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text

B2CTPLTD

Typewritten Text USACE, HPO Construction DIVISION

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

B2CTPLTD

Typewritten Text

Remediation of Floodwalls on the London Avenue Canal OFC-03

MAIN TABLE OF CONTENTS

00010 BIDDING SCHEDULE

00700 CONTRACT CLAUSE INSERTS

01100 GENERAL PROVISIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 32 16.00 20 CONSTRUCTION PROGRESS DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 10 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 10 CONTRACTOR QUALITY CONTROL

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 78 02.00 10 CLOSEOUT SUBMITTALS

OFC-03B

DIVISION 05 - METALS

05 50 03.00 12 METALWORK FABRICATION, MACHINE WORK, AND

MISCELLANEOUS PROVISIONS

DIVISION 09 - FINISHES

09 97 02.01 12 PAINTING: COAL TAR EPOXY SYSTEM

DIVISION 31 - EARTHWORK

31 23 16.16 12 STRUCTURAL EXCAVATION AND BACKFILL

31 32 23.01 01 JET GROUTING

31 41 16.00 12 STEEL SHEET PILING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19.04 12 TURF ESTABLISHMENT AND MAINTENANCE

OFC-03C

DIVISION 02 – Existing Conditions

02 41 00 DEMOLITION

DIVISION 03 - Concrete

03 11 14.00 12 FORMWORK FOR CONCRETE

03 15 13.00 12 EXPANSION JOINTS IN CONCRETE

03 21 00.00 12 REINFORCING STEEL

03 31 00.00 12 CAST-IN-PLACE STRUCTURAL CONCRETE

DIVISION 05 - METALS

05 50 03.00 12 METALWORK FABRICATION, MACHINE WORK, AND

MISCELLANEOUS PROVISIONS

05 50 04.02 12 MISCELLANEOUS METALWORK

DIVISION 09 - FINISHES

09 97 02.01 12 PAINTING: COAL TAR EPOXY SYSTEM

DIVISION 31 - EARTHWORK

31 11 00.00 12 CLEARING AND GRUBBING

31 23 00.00 12 EXCAVATION

31 24 00.00 12 EMBANKMENT

31 32 13.01 12 SPECIALTY GROUTING

31 41 16.00 12 STEEL SHEET PILING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 31 13 CHAIN LINK FENCES AND GATES

32 92 19.04 12 TURF ESTABLISHMENT AND MAINTENANCE

DIVISION 33 - UTILITIES

33 24 00.01 20 PIEZOMETERS

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 43 38.00 12 CONCRETE SCOUR PROTECTION

-- End of Project Table of Contents --

00010-1

SECTION 00010 - BIDDING SCHEDULE

REMEDIATION OF FLOODWALLS ON THE LONDON AVENUE CANAL

ITEM

DESCRIPTION

ESTIMATED

QUANTITY

UNIT

PRICE

AMOUNT

0001 Mobilization and Demobilization 1 LS

0002 Silt Fences 7,750 LF

0003 Traffic Control and Coordination 1 LS

0004 Seeding and Mulching 0.75 AC

0005 Lime Soil Amendment (Optional) 0.35 TON

0006 Sulfur Soil Amendment (Optional) 0.35 TON

0007 Fertilizer 50 LB

OFC-03B

0008 Sheet Pile Installation PZC-

19 62,333 SF

0009 Jet Grouting 1 LS

OFC-03C

0010 Demolition 1 LS

0011 Reinforced Concrete 1 LS

0012 Miscellaneous Metalwork 1 LS

0013 Embankment, Compacted Fill 150 CY

00010-2

0014 Jet Grouting 1 LS

0015 Piling, Steel Sheet, Type PZC 18 223,883 SF

0016 Piezometer 16 EA

0017 Concrete Scour Protection 1,640 SY

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.

00700-a

Section Table of Contents

SECTION 00700 – CONTRACT CLAUSES

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10 - APR

2. LIQUIDATED DAMAGES (FAR 52.211-12 - SEPT 2000

3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001 - AUG 2000

4. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (EFARS 52.231-5000 -

MAR 95

5. PHYSICAL DATA (FAR 52.236-4 - APR 1984

6. LAYOUT OF WORK (FAR 52.236-17 - APR 1984

7. QUANTITY SURVEYS (FAR 52.236-16 - APR 1984

8. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DFARS 252.236 - 704-DEC 19914

9. PERFORMANCE OF WORK BY CONTRACTOR (FAR 52.236-1 - APR 1984

10. OBSTRUCTION OF NAVIGABLE WATERWAYS

11. PERMITS AND RESPONSIBILITIES

12 SCHEDULES FOR CONSTRUCTION CONTRACTS

12. CHANGES (FAR 52.243-4 - Jun 2007)

00700-1

SECTION 00700 – CONTRACT CLAUSE INSERTS

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 150 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.

(End of Clause)

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 $2,400 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.

(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 --

00700-2

(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.

REMEDIATION OF FLOODWALLS H-8-47417 G-003

ON THE LONDON AVENUE

CANAL. PCCP-03B

STATION 74+45.14 TO STATION 85+14.82

Lake Pontchartrain and Vicinity H-8-47447 G-01 thru G-07 Remediation to Raise the Safe B-01 thru B-56 Water Elevation for the London C-01 thru C-28 Avenue Canal OFC-03C V-01 thru V-46 Orleans Parish, Louisiana S-01 thru S-15 R-01 thru R-12

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. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (EFARS 52.231-5000 -

MAR 95)

(a) This clause does not apply to terminations. See EFARS 52.249-5000, Basis For Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition, owned or controlled and furnished by a Contractor or Subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time

00700-3 of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease--purchase arrangements, and sale-leaseback arrangements will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End Of Clause)

NOTE1: Costs for repairs or overhauling are not allowed.

NOTE 2: A copy of the "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE CD can be obtained from the Government Printing Office (GPO) by calling (202)512-1800 or through the Internet site www.gpoaccess.gov. Also any references in the paragraph to the manual should be changed to reference the CD.

5. 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

(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 District Commander, Attn: Contracting Officer, 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.

6. LAYOUT OF WORK (FAR 52.236-17 - APR 1984)

00700-4

The Contractor shall lay out its work from Government-established base lines and benchmarks indicated on the drawings, and shall be responsible for all measurements in connection with the layout.

The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

7. QUANTITY SURVEYS (FAR 52.236-16 - APR 1984)(ALT 1)

(a) Quantity surveys will be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Contractor shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

8. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DFARS 252.236-7004 - DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent (60%) of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent (40%) upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (a)(2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of-

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

9. PERFORMANCE OF WORK BY CONTRACTOR (FAR 52.236-1 - APR 1984)

00700-5

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of the work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract, if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

10. OBSTRUCTION OF NAVIGABLE WATERWAYS (DFARS 252.236-7002 - DEC 91)

(a) The Contractor shall:

(1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may:

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor;

or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C.410 et.seq.).

11. PERMITS AND RESPONSIBILITIES (FAR 52.236-7 - NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

12 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15 - APR 1984)

(a) The Contractor shall, within five days after the work commences 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.

00700-6

(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.

NOTE: See Section 01 32 16.00 20 “CONSTRUCTION PROGRESS DOCUMENTATION” for additional construction schedule requirements.

13. CHANGES (FAR 52.243-4 - Jun 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes -

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating –

(1) The date, circumstances, and source of the order; and

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

00700-7

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

00700-8

General Decision Number: LA100008 11/12/2010 LA8

Superseded General Decision Number: LA20080008

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 03/12/2010 1 05/21/2010 2 06/25/2010 3 07/23/2010 4 09/10/2010 5 11/12/2010

CARP1846-006 07/01/2010

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CARPENTER

(formbuilding/formsetting).......$ 21.56 6.85 Millwright/Piledriverman.........$ 21.56 6.85

ELEC0130-005 12/01/2009

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

JAMES, AND ST. JOHN THE BAPTIST PARISHES

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ELECTRICIAN (including low voltage wiring)..................$ 25.75 8.86

* ELEC1077-002 09/01/2010

ST. TAMMANY PARISH

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ELECTRICIAN (including low voltage wiring)..................$ 21.50 6.74

ENGI0406-018 07/01/2009

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OPERATOR: Power Equipment

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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

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Cement Mason/Concrete Finisher...$ 21.85 0.00

PLUM0060-002 06/01/2010

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

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

TAMMANY PARISHES

Plumbers (excluding pipe laying)..........................$ 25.77 9.53

PLUM0198-005 01/01/2010

ST. JAMES PARISH (Northwestern Portion)

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PLUMBER (excluding pipe laying)..........................$ 25.44 9.33

SULA2004-007 05/13/2004

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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

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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:

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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

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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.”

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(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.

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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 –

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(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

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Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

2. DAMAGE TO WORK

3. SAFETY PROVISIONS

4. INSPECTOR'S FIELD OFFICE

5. PROJECT SIGN

6. RIGHTS-OF-WAY

7. CERTIFICATES OF COMPLIANCE

8. ENVIRONMENTAL LITIGATION

9. UTILITIES AND IMPROVEMENTS

10. PERMISSIBLE HOURS OF WORK

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

12. AGGREGATE SOURCES

13. STONE SOURCES

14. CLAY SOURCES

15. SIGNAL LIGHTS

16. FORMAT OF SURVEYS

17. PROJECT BENCHMARKS

18. COMMERCIAL WARRANTY

19. ACCESS PLAN

20. EXISTING FACILITIES

21. DAMAGED STRUCTURES AND ROADWAYS

22. VIBRATION MONITORING

23. FIELD VERIFICATION OF UTILITY LOCATIONS

24. VIDEOTAPE AND PHOTOGRAPHIC DOCUMENTATION

25. COORDINATION WITH LOCAL INTERESTS

26. SPECIAL PROVISIONS FOR WORKING ON CITY OF NEW ORLEANS

STREETS

01100-1

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

Monthly adverse weather days will be supplied by Construction Division during local review.

(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

01100-2 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 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, 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:

http://www.usace.army.mil/CESO/Documents/EM385-1-1FINAL.pdf�

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(1) Executed MVN Form 385-43 dated 29 Sep 09, Administrative Plan (available upon request), see Appendix A of EM 385-1-1.

(2) Executed MVN 385-43(1) dated 29 Sep 09, 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…