S01 Attachment 1 Specifications - July 2022revised.pdf

NRCS –July 2022 LA- LaBranche MC PO-75 Cover Sheet

PO-75 LaBranche Marsh Creation

CONSTRUCTION SPECIFICATIONS

Number Title Pages

SP Special Provisions SP-1 to SP-13

1 Clearing 1-1 to 1-3

3 Structure Removal 3-1 to 3-3

5 Pollution Control 5-1 to 5-8

6 Seeding 6-1 to 6-6

7 Construction Surveys 7-1 to 7-17

8 Mobilization and Demobilization 8-1 to 8-2

21 Excavation 21-1 to 21-6

25 Rockfill 25-1 to 25-5

93 Identification Markers or Plaques 93-1 to 93-5

94 Contractor Quality Control 94-1 to 94-9

95 Geotextile 95-1 to 95-5

96 Field Office 96-1 to 96-5

421 Earthen Containment Dike for Marsh Creation 421-1 to 421-5

423 Marsh Creation 423-1 to 423-8 SWPPP Storm Water Pollution Prevention Plan SWPPP-1 to SWPPP-8

NOI Notice of Intent 1 to 18

NOT Notice of Termination 1 to 1

Migratory Bird Abatement Plan 1 to 5

Railroad Right of Entry 1 to 5

Utility Crossing/Encroachment Permit Packet 1 to 23

MATERIAL SPECIFICATIONS

Number Title Pages

592 Geotextile 592-1 to 592-3

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SPECIAL PROVISIONS

1. Additional Insured Parties

The Contractor shall include the following list as additional insured parties on any and all pertinent liability insurance policies maintained by the Contractor during construction. Such insurance policies shall provide that those parties will be protected from and defended and insured against, without costs or expense to those parties, any liability or loss (including loss of life), or damage to property of any kind, arising wholly or in part from or in connection with operations on their properties. A copy of all certificates of insurance listing the additional insured parties shall be provided to the Contracting Officer (CO) at least 10 calendar days prior to the preconstruction meeting.

Burgess Properties LLC Burgess St. Charles Land, LLC George Burgess Jr. Trust #2 George Burgess Jr. Trust #4 J. Edgar Monroe Foundation, LLC Pontchartrain Levee District St. Charles Land Company, II, LLC State of Louisiana St. Charles Parish United States Army Corps of Engineers

2. Notification Prior to Property Access

The Contractor shall provide written notification to the CO, Contracting Officer’s Representative (COR), Project Manager (PM), Landowners, and Pipeline Companies at least 14 days prior to their initial access to the property. The notice shall indicate the planned date of initial access. Contact information for the PM will be provided to the Contractor during the Preconstruction Conference.

3. Access by Landowners, Lessees, and Others

The Contractor is made aware that occasional access by landowners, lessees and oilfield and utility company employees throughout the work area may be required. The Contractor shall provide for such passage in a reasonably adequate and satisfactory manner, as determined by the Contracting Officer, on such occasions.

4. Bonnet Carre’ Spillway Operations

a) The MCBA is located at the mouth of the Bonnet Carre Spillway. The following requirements will be implemented in the event of the Bonnet Carre Spillway operating.

All stage elevations referenced below are in regard to the Carrolton Gauge and can be monitored at the following website.

https://rivergages.mvr.usace.army.mil/WaterControl/stationinfo2.cfm?sid=01 300&fid=NORL1&dt=S.

NRCS and Contractor will hold calls at different intervals that are based on the different stage elevations within the spillway. The calls will be used to discuss how the site will be secured, the current water level in the spillway, the condition at the MCBA (e.g., no change to borrow area, filling in etc.), and determine if Contractor can still dredge safely.

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i. At Stage 11, NRCS will set up at a minimum, bi-weekly calls with Contractor.

ii. At Stage 13, NRCS will set up calls at a minimum, twice weekly with Contractor.

iii. At Stage 15, NRCS will set up calls at a minimum, 3-4 times a week with Contractor.

iv. At Stage 17, There is potential for operating the structure and NRCS and Contractor will have calls set up daily.

b) In the event of the Bonnet Carre Spillway being operational and access on the east guide levee or at mouth of spillway is deemed unsafe for personnel access, suspension of work may be issued.

c) As soon as NRCS is notified by the Corps of Engineers that the Bonnet Carre Spillway will open, a survey of the MCBA will be completed by NRCS to determine the excavated quantities to date.

d) The Contractor may submit in their Work Plan an alternate method of dealing with Bonnet Carre Spillway for approval by CO and COR.

e) Prior to the NTP being issued, the Contractor and NRCS shall have a written agreement formalizing and finalizing the above items.

5. Access Restrictions and Permit Requirements

Army Corps of Engineer Bonnet Carre Spillway East Guide Levee

a) There are currently 3 gates along the Bonnet Carre Spillway East Guide Levee

i. Gate 1 – This gate is located between the highway and the boat launch/staging area shown in the drawings. This gate may be closed periodically throughout construction. NRCS will provide 1 key prior to the Notice to Proceed being issued. This gate will be required to be returned to original state (locked or open) after all Contractor personnel and equipment has entered or exited.

ii. Gate 2 – This gate is located on the highway side of the railroad. The Contractor will be responsible for obtaining this key after obtaining the necessary Right of Entry (ROE) from the Illinois Central Railroad (RR).

This gate will be required to remain closed and locked at all times.

iii. Gate 3 – This gate is located on the lake side of the railroad. NRCS will provide a key prior to the Notice to Proceed being issued. This gate will be required to remain closed and locked at all times.

b) The Contractor will return all keys to NRCS and Illinois Central RR immediately after demobilization and prior to final payment.

c) Access along the East Guide Levee, access to the 2 parks (Wetland Watchers Park and Bonnet Carre Campground), and access to all boat launches shall not be restricted at any time.

d) Equipment cannot stage along or on side slopes of the East Guide Levee.

Equipment cannot stage at the Wetland Watchers Park or at Bonnet Carre’ Campground. Contractor will be allowed to stage on the berm of the levee near the boat launch as shown in the drawings but must not impede traffic.

e) Contractor will be responsible for providing their own bathrooms. The

LA- LaBranche MC PO-75 SP-3 facilities at the parks will not be used by the Contractor’s personnel.

f) Heavy equipment or vehicles greater than HS-20 loading (72,000 lbs.) are not allowed over the East Guide Levee without a government approved stability analysis.

g) Should Contractor damage the East Guide Levee crown or side slopes the Contractor shall repair the damage at no expense to the government. Damages may include but are not limited to, ruts, potholes, rills, or sloughing. The Contractor may use a motor grader or similar equipment to resurface the levee crown if damage is occurred due to Contractor’s operations.

h) The Contractor may be required to add additional stone to East Guide Levee crown if damage occurs. See Construction Specification 25 - Rockfill for more details.

i) The Bonnet Carre Spillway may be opened at some points during construction restricting equipment, personnel, and airboat access to the site. These restrictions will be applied when the water elevation within the spillway reaches approximately 8.5-foot elevation NAVD 88. These restrictions are the following.

i. No heavy equipment will be allowed on the East Guide Levee.

ii. The Contractor will have personnel access only through Gate 1 but will have to ensure that the gate always remains closed.

Illinois Central Railroad (RR) Access Restrictions

a) The Contractor shall coordinate with the Railroad company when working around or near the railroad.

b) The Contractor is responsible for obtaining a Right Of Entry (ROE) License Agreement from the Illinois Central RR. A copy of the application is included in this specification package. A blank ROE License Agreement is also included. After award, NRCS can provide a word document of this agreement upon request. The information below is the ROE contact for the Railroad company.

Illinois Central RR John Dinning

2151 North Mill St.

Jackson, MS 39202

(601) 914-2658 john.dinning@cn.ca

c) The Contractor is responsible for obtaining a Utility Crossing/Encroachment Permit to cover the dredge pipeline crossing at the railroad bridge as shown in the plans. A copy of this application packet is included in the specification package. Based on preliminary discussions with the Railroad, the following items (not all inclusive) may be required.

i. An Engineering Plan signed by a Professional Engineer in the State of Louisiana.

ii. The dredge pipe shall be encased to prevent leakage under the railroad bridge. The encased pipe shall extend 50’ from the centerline of the railroad bridge. At no point should the encased pipe touch any of the bridge supports. The encased pipe shall be anchored to prevent movement of the pipe.

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The information below is the Utility Crossing/Encroachment contact for the Railroad company.

Illinois Central RR Joseph Wojcik

17641 S. Ashland Avenue Homewood, IL 60430

(708) 332-4739 Josephs.Wojcik@cn.ca

d) A copy of the approved ROE License Agreement shall be provided to the COR and CO prior to accessing the railroad right of way. A copy of the Utility Crossing/Encroachment permit shall be provided to the COR and CO prior to work commencing within the railroad right of way. No additional performance time days will be granted due to delay in obtaining the required permits.

e) The Contractor will be required to have safety personnel on site at all times when working within 25’ feet of the railroad. The Contractor shall also include in their work plan the safety measures Contractor will take when working around railroad. The information below is the safety contact for the Railroad.

Illinois Central RR CN Flagging - US

17641 South Ashland Avenue Homewood, IL 60430 flaggingus@cn.ca

f) There is an existing access road that runs parallel with the railroad on the south side of the railroad. The Contractor shall obtain permission to use this road from the Railroad prior to using this road. Documentation of permission must be provided to the CO and COR prior to the Contractor utilizing this road.

Scenic River Permit (Bayou LaBranche)

a) Bayou LaBranche is a scenic river, and the Contractor shall comply with the provided Scenic River Permit. The Contractor shall include provisions for erosion/siltation control in the SWPPP plan in the case that the required matting does not prove adequate. At no time shall the banks of Bayou LaBranche be bare and exposed or the waters within Bayou LaBranche have excessive turbidity.

b) Upon the completion of construction activities or if at any time construction activities cease for more than 14 days, all disturbed soils shall be re-vegetated according to Construction Specification 6 – Seeding, Sprigging and Mulching.

c) The Contractor shall allow representatives of LDWF to make periodic inspections to ensure the activity is in accordance with the conditions of this permit.

d) The Contractor shall notify the COR immediately upon completion of removal of matting and seeding at the Bayou LaBranche Crossing. LDWF will review the completed activity and assure that all activities were performed in accordance with the conditions of the permit. The Contractor is responsible for any deficiencies noted by LDWF and shall correct those

LA- LaBranche MC PO-75 SP-5 deficiencies within 14 calendar days

e) The Contractor shall ensure that all subcontractors and workers are made fully aware of the limits of the work authorized by this permit and adhere to and comply with all conditions listed in this Scenic Rivers Permit. Non-compliance with the permit terms and conditions may result in permit suspension and revocation, and all other remedies allowed by law.

f) Additional information can be found in the Scenic River Permit #1178.

Alternative Access Route

a) The alternative access route is very close to the Gulf South Pipeline and the riprap along the shoreline of Lake Pontchartrain.

b) Gulf South Pipeline requires notification and coordination before utilizing the alternative access route. This notification should be not less than seven (7) days prior to using alternative access route.

c) See CS-8 Mobilization and Demobilization for more details.

Airboat Access Route

a) There is a gate located on the airboat access road as shown in the drawings.

This gate may be closed periodically throughout construction. NRCS will provide 1 key prior to the Notice to Proceed being issued. This gate will be required to be returned to original state (locked or open) after all Contractor personnel and equipment has entered or exited.

Existing Water Control Structure

a) There is an existing water control structure in the vicinity of point 53 of the dredge pipe alignment (DP-53). The Contractor shall not damage this structure and is responsible for any damages that do occur at no expense to the government.

b) The Contractor shall mat across any existing marsh along the dredge pipe alignment to prevent damage to the existing marsh and allowing water to run around the structure. At no time shall the adjacent elevation be lowered to the point that water can run around the structure due to the Contractor’s means and methods.

c) The Contractor shall ensure that the existing marsh elevation is restored to pre-construction elevations during demobilization or ceasing work in this area. See CS-7 Construction Surveys for more information.

6. Available Government Material

The complete Mag Survey, Geotechnical Investigation, and Geotechnical Analysis Reports are all available to the Contractor upon request to the COR.

7. Permit Display and Filing

Work under this contract is permitted under Department of the Army Permits (COE Permit) No. MVN-2012-1081-EPP and No. MVN-2012-1081-2-EPP. A copy of page 1 of the permits must be conspicuously displayed at the project site. Also, a copy of the signed permits must be kept at the project site until the work is completed. The Contractor shall also post in an area visible by all employees:

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Equal Opportunity is the Law poster, Notice to All Employees poster, Approved SWPPP and Notice of Intent, Davis Bacon Wage Rates, Emergency Contacts, Hurricane Evacuation Plan, LA One Call tickets Coast Guard Permit Pipeline Company Contacts

8. Water Level Data

Mean high water (MHW) and mean low water (MLW) elevations of 1.21 and 0.21 were computed from water level data obtained from Coast-wide Reference Monitoring System (CRMS) station 2830 (http://lacoast.gov/crms/home.aspx) for the interior marsh.

Historical data can be obtained from the U.S. Army Corps of Engineers (USACE), the U.S.

Geological Survey, the State of Louisiana’s Coastal Protection and Restoration Authority (CPRA), or the National Oceanic and Atmospheric Administration (NOAA).

9. Protection of Pipelines and Underground Utilities

The Contractor shall notify Louisiana One Call (LA ONE CALL) at 1-800-272-3020 prior to digging or driving piling to locate utility lines. The LA One Call ticket shall be renewed as required by law. The Contractor shall provide all LA One Call ticket numbers to the COR.

Additional Contractor responsibilities and restrictions near pipelines and other utilities and structures shall be as noted in the following lists:

a) The Contractor shall schedule a pre-work meeting with the associated pipeline company to establish lines of communication and discuss all aspects of the planned activities including the pipeline marking schedule, pipeline crossing locations, and excavations in the vicinity of pipelines. The Contractor shall notify the COR and Inspector at least 48 hours prior to any pre-work meetings scheduled so that they can plan on attending.

b) The Contractor shall cross pipelines only at locations designated by the pipeline company and in the manner approved by the pipeline company that will not remove the soil cover over the pipeline. Pipeline companies may require the Contractor to cross their pipelines at high tide and during daylight hours only; this will be determined by the agreement the Contractor has with the pipeline company for crossing the relative pipeline. A copy of all agreements must be provided to the CO and COR prior to crossing. The point of contact for each agreement shall also be provided to the COR and Inspector if different than what is listed in this specification.

c) The Contractor shall notify NRCS COR and Inspector at least 12 hours prior to equipment crossing any pipeline.

d) Pipeline companies shall be notified at least 72 hours in advance but not more than 120 hours in advance of crossing any pipeline or performing any work within 200 feet of a pipeline right-of-way. Contractor shall submit evidence of notification to the COR prior to performing the work.

e) No excavation shall occur within 100 feet of centerline of any pipeline within work limits of marsh creation borrow area and 250 feet of centerline when

LA- LaBranche MC PO-75 SP-7 spudding/anchoring near any pipelines outside of the work limits shown on the drawings. The Contractor shall contact the pipeline representative during excavation, crossing, or spudding/anchoring around any pipeline shown on the plans.

f) Barges or other watercraft shall not anchor, spud, or excavate within the pipeline right of way without specific prior approval from the pipeline company. All vessels shall be floating when crossing any pipeline. Spuds shall be welded or pinned up while traveling in and/or crossing any pipeline right of way. No activities that will result in the reduction of the existing cover over any pipelines will be permitted.

g) No heavy construction equipment will operate (place an operating load within the pipeline ROW) without specific prior approval from the pipeline company, and when necessary, timber mats as required and approved by the pipeline company will be utilized when crossing.

h) Contractor shall contact the Shell Pipeline representative a minimum of 1 month prior to placing airbridge over pipeline, as shown on the drawings.

i) At Work Limit Point 18 there is 8” Shell Pipeline monitoring equipment. Contractor shall maintain a 30 ft no equipment buffer around monitoring equipment at all times.

j) Any pipeline markers damaged or removed by the Contractor shall be replaced within 24 hours of such damage or removal.

k) All equipment crossing locations of the pipeline shall be marked or flagged.

Markings or flags are to be maintained during the entire construction performance time. For any pipeline that will be crossed by dredge pipe and marsh buggy matting shall be placed in a configuration called “Air Bridge”. Any mats touching existing ground shall be inspected as to prevent mat from settling excessively and touching or disturbing pipeline. Crossings of marsh buggies shall only take place where 2 feet or more of ground cover over the pipeline.

l) The Contractor shall be liable for any expense, loss, or damage to any pipeline of any kind or nature due to the presence his/her equipment/operations in the vicinity of the pipeline, including without limitation to coating repair, pipe replacement, operational downtime or product loss that the pipeline company must sustain arising out of or resulting from the operations or activities of the Contractor, its agents, or employees during construction of any project feature.

m) If the Contractor’s facilities or related equipment are damaged or destroyed or if said operations and equipment must be relocated or removed due to any emergency, operational or maintenance requirements arising out of the day to day business activities of any pipeline company, the pipeline company shall not be liable to the Contractor or to any other person or entity for any damages whatsoever, including, for emphasis only and not by way of limitation, damages of any type arising from the loss of product, loss of profit, interruption of business activity or business loss of any kind. Additionally, any subsequent repair and or reinstallation of said facilitates shall be at the sole (100%) cost of the Contractor.

10. Identified Pipelines

Identified pipelines and utilities are shown in the construction drawings. It is possible that some pipelines and/or utilities exist that have not been shown. The Contractor shall be on the alert for such pipelines and utilities and shall report them immediately to the CO. Multiple pipelines have been identified as shown in the drawings.

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a) Air Products & Chemical Co.

Air Products & Chemicals, Inc Brian Farhadi farhadbi@airproducts.com 610-481-1707

b) Wilprise Pipeline Parkway Pipeline Valero Jody Lambright Jody.lambright@valero.com 409-794-9765

c) 30” Natural Gas Pipeline Gulf South Pipeline John Strickland John.Strickland@bwpmlp.com 504-415-2975

d) Tri-State Pipeline Enterprise Products Operating LLC Cameron Lair clair@eprod.com

(281) 887-3395

e) Shell Pipeline Shell Midstream US Damian Cambre Damian.Cambre@shell.com 225-474-7050

f) 8” Shell Pipeline Shell Midstream US Damian Cambre Damian.Cambre@shell.com 225-474-7050

One pipeline has been identified but NRCS was unable to determine owner of pipeline. This pipeline is located between Cell 1 and Cell 2 of the borrow area. The Contractor shall follow all requirements provided in Sections 9.c, e, f, and g in the Special Provisions when working around this pipeline.

11. Marine environment advisory

The Contractor is advised that the project lies within a dynamic marine environment subject to significant changes in environmental conditions and that water surface elevations in this area can vary due to weather, daily tides, and operation of the Bonnet Carre’ Spillway.

The Contractor is responsible for taking the appropriate measures to ensure that water level fluctuations, rainfall events, rough seas, and soil conditions do not interfere with access to and from the construction site or with completion of the construction activities.

12. Hurricane Evacuation

A Hurricane Evacuation Plan and evacuation route map are required to be displayed for all employees and provided to the CO at least 10 calendar days prior to the preconstruction conference. This plan should include contact information for employees, safe harbor location, and timeline of when action will take place to remove equipment and other objects. The Hurricane Evacuation Plan and maps shall be included in the Work Plan.

13. Notification of Coast Guard

The Contractor shall notify the Eighth Coast Guard District so that a Local Notice to Mariners may be prepared, as required. Notification, with a copy of the COE permit approval and drawings, should be mailed to the following address:

CDR 8th Coast Guard District (dpw) Hale Boggs Federal Bldg.

500 Poydras St. Suite 1230 New Orleans, LA 70130-

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A copy of the notification shall be provided to the CO prior to the Notice to Proceed (NTP) being issued. The Contractor shall also provide the posted Local Notice to Mariners to the CO indicating that the project information has been included.

E-mail notification must also be provided to the Eighth Coast Guard District, Aids to Navigation Branch, Marine Information Office 7 to 10 days prior to excavation or construction operations. The Marine Information Office may be reached by e-mail at d8marineinfo@d8.uscg.mil Telephone inquiries can be directed to 504-671-2327. A copy of the e-mail notification shall be provided to the CO prior to construction.

Any updates or revisions to the above items shall be provided to the CO and COR immediately.

14. Contractor’s navigation requirements

The Contractor’s navigation requirements include, but are not limited to, the following:

a. Inland Navigation Rules

All marine vessels shall follow the Inland Navigation Rules which are contained in the following Federal Laws or Regulation: International Navigational Rules Act of 1977 (Public Law 95-75, 91 Stat. 308, or 33 U.S.C. 1601-1608), and the Inland Navigation Rules Act of 1980 (Public Law 96-591, 94 Stat. 3415, 33 U.S.C. 2001- 2038). These rules can be found at http://www.navcen.uscg.gov/mwv/navrules/rot r_online.htm. All marine vessels shall display the lights and day shapes required by Part C – Lights and Shapes of the Inland Navigation Rules. The location, type, color, and size of the lights and day shape shall be in accordance with Annex I – Positioning and Technical Details of Lights and Shapes. Any vessel engaged in excavation is considered a “Vessel restricted in her ability to maneuver” and shall display all the lights and shapes required in Rule 27: Vessel Not Under Control.

b. Obstruction to navigation

The Contractor shall operate in compliance with pertinent U.S. Coast Guard regulations and shall conduct work in such a manner as to minimize any obstruction to navigation. The Contractor shall make all floating or submerged lines and other equipment in accordance with U.S. Coast Guard regulations. If the Contractor’s dredge or any other floating equipment obstructs any navigation, making navigation difficult or endangering the passage of vessels, said dredge or equipment shall be promptly moved on the approach of any vessel to the extent necessary to afford a practical passage. Upon completion of work, the Contractor shall promptly remove the excavation equipment and other floating equipment, as well as ranges, buoys, piles and any other marks or objects that are not permanent project features placed in the navigable water or on shore.

The Contractor shall be responsible for keeping all waterways clear of any floating debris (woody or other) that may cause a hazard to navigation. Any floating debris shall be collected immediately and disposed of off-site in accordance with all local, state, and federal regulations.

c. USCG inspection and certification

All vessels that are regulated by the United States Coast Guard (USCG) shall have current inspection and certifications issued by the USCG before commencing construction. A copy of the certification shall be posted in a public area on board the vessel. A copy of all US Coast Guard certificates shall be submitted to the COR prior to the vessel being used onsite.

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d. Other vessel inspection and certification

All vessels not subject to USCG inspection and certification or not having a current American Bureau of Shipping (ABS) Classification shall be inspected in working mode annually by a marine surveyor accredited by the National Association of Marine Surveyors (NAMS) or the Society of Accredited Marine Surveyors (SAMS).

The vessel shall have the correct marine survey e.g. Hull and Machinery, Commercial Workboat etc., number of years of as a Certified Marine Surveyor and other type of surveys conducted by the marine surveyor e.g. Marine Facilities, Commercial Workboat etc. A copy of the most recent documentation inspection shall be furnished to the COR upon request. The inspection, as a minimum shall evaluate the structural integrity of the vessel and compliance with the National Fire Protection Association code 302 – Pleasure and commercial Motor Craft.

In addition to the above, NRCS will perform a Safety Inspection of all vessels and equipment prior to being used on the jobsite and periodically throughout the performance of work.

e. License requirement

Officers and crew shall be in possession of a current valid USCG license, or a correctly endorsed document as required by the USCG, which shall be posted in a public area on board the vessel. A copy of the documentation for all officers and crew shall be submitted to the COR prior to their arrival at the site.

f. Work limits

The Contractor’s movement in the project area shall be limited to the work limits and access routes stated in the specifications and as shown on the plans.

g. Limitation of equipment use

Airboats and small outboards shall be used whenever practical to reduce the usage of marsh buggies. Established trails and access canals shall be utilized whenever possible. Marsh buggy use shall be limited to the limits of the project features. No equipment shall track on emergent marsh outside the construction limits.

15. Restoration of site and repair of damages

In the event of surface alterations resulting from activities of the Contractor, beyond those alterations absolutely necessary for accessing the sites and conducting project activities, the Contractor is responsible for restoring the site, to the greatest extent practical, to conditions existing at commencement of Contractor activities. Contractor shall repair or replace, in like manner any fences, roads, bridges, launches, trails, waterways, and other facilities which may be damaged or destroyed during the construction of the structures and/or appurtenances installed as part of the project. The Contractor shall be responsible for removal or disposal of all litter, debris, and survey stakes/poles associated with construction of the project from the project site upon completion of authorized work. Disposal locations shall be identified in the Work Plan.

Construction materials and all temporary measures installed by the Contractor shall be removed by the Contractor as concurred in by the COR. If the Contractor is unable to fulfill these responsibilities, the Contractor or its insurance carrier will be responsible for the cost of such repairs and restoration.

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16. Removal of equipment

All tools, equipment, and other property (excluding project features) taken upon or placed upon the land or water bottoms by the Contractor shall remain the property of the Contractor.

All such tools, equipment and other property shall be removed by the Contractor prior to the final payment being made.

17. Notice of conflict between Contractor and Subcontractor/Supplier

The Contractor shall notify the CO within seven (7) calendar days of occurrence of any written or oral notice of conflict between Contractor and any Subcontractor/Supplier regarding non-payment for services or supplies. If a lawsuit is filed, and the Prime Contractor is notified of such lawsuit while the contract is active, the Contractor shall notify the CO within seven (7) calendar days of receipt of such notice.

18. Contractor review of plans and specifications

The Contractor shall review the plans and specifications for accuracy and completeness. The Contractor shall also make their own determination of the quantities of work required to complete the construction and make their own assessment of the site and work required prior to bidding. Any discrepancies, errors, or omissions shall be brought to the attention of the CO prior to the bid due date.

19. Disturbance of wildlife

Disturbing, injuring, collecting, or attempting to disturb, injure, or collect any flora, fauna, or other property is prohibited. This project is located where shorebird/migratory bird nesting may occur. The Contractor shall monitor for nesting activity during construction. In the event shorebirds/migratory birds are found nesting, the Contractor will be required to follow the provided migratory bird abatement plan located at the end of the specifications.

a. Migratory Bird Protection

In accordance with the Migratory Bird Treaty Act of 1918 (as amended) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), please be advised that the project area is located in habitats which are commonly inhabited by colonial nesting waterbirds and/or seabirds. Colonies may be present that are not currently listed in the database maintained by the Louisiana Department of Wildlife and Fisheries (LDWF).

That database is updated primarily by (1) monitoring previously known colony sites and (2) augmenting point-to-point surveys with flyovers of adjacent suitable habitat.

Waterbird nesting colonies may change locations year-to-year and the proposed work may attract new nesting colonies.

A Migratory Bird Abatement Plan has been included in this specification package.

The Contractor may revise this plan based on Contractor means and methods.

NRCS, LDWF, and USFWS will be required to review and approve any modifications.

b. West Indian Manatee protection

The endangered West Indian manatee (Trichechus manatus) is known to regularly occur in Lakes Pontchartrain and Maurepas and their associated coastal waters and streams. It also can be found less regularly in other Louisiana coastal areas, most likely while the average water temperature is warm. Based on data maintained by the

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Louisiana Wildlife Diversity Program (LWDP), over 80 percent of reported manatee sightings (1999-2011) in Louisiana have occurred from the months of June through December. Manatee occurrences in Louisiana appear to be increasing and they have been regularly reported in the Amite, Blind, Tchefuncte, and Tickfaw Rivers, and in canals within the adjacent coastal marshes of southeastern Louisiana. Manatees may also infrequently be observed in the Mississippi River and coastal areas of southwestern Louisiana. Cold weather and outbreaks of red tide may adversely affect these animals. However, human activity is the primary cause for declines in species number due to collisions with boats and barges, entrapment in flood control structures, poaching, habitat loss, and pollution.

i. Awareness of manatees and regulations

During in-water work in areas that potentially support manatees all personnel associated with the project should be instructed about the potential presence of manatees, manatee speed zones, and the need to avoid collisions with and injury to manatees. All personnel should be advised that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. Additionally, personnel should be instructed not to attempt to feed or otherwise interact with the animal, although passively taking pictures or video would be acceptable.

ii. Manatee protection measures

All on-site personnel are responsible for observing water-related activities for the presence of manatee(s). We require the following to minimize potential impacts to manatees in areas of their potential presence:

(1) All work, equipment, and vessel operation should cease if a manatee is spotted within a 50-foot radius (buffer zone) of the active work area. Once the manatee has left the buffer zone on its own accord (manatees must not be herded or harassed into leaving), or after 30 minutes have passed without additional sightings of manatee(s) in the buffer zone, in-water work can resume under careful observation for manatee(s).

(2) If a manatee(s) is sighted in or near the project area, all vessels associated with the project should operate at “no wake/idle” speeds within the construction area and at all times while in waters where the draft of the vessel provides less than a four-foot clearance from the bottom. Vessels should follow routes of deep water whenever possible.

(3) If used, siltation or turbidity barriers should be properly secured, made of material in which manatees cannot become entangled, and be monitored to avoid manatee entrapment or impeding their movement.

(4) Temporary signs concerning manatees should be posted prior to and during all in-water project activities and removed upon completion. Each vessel involved in construction activities should display at the vessel control station or in a prominent location, visible to all employees operating the vessel, a temporary sign at least 8½ " X 11" reading language similar to the following: “CAUTION BOATERS: MANATEE AREA/ IDLE SPEED IS

REQUIRED IN CONSRUCTION AREA AND WHERE THERE IS LESS

THAN FOUR FOOT BOTTOM CLEARANCE WHEN A MANATEE IS

LA- LaBranche MC PO-75 SP-13

PRESENT”. A second temporary sign measuring 8½ " X 11” should be posted at a location prominently visible to all personnel engaged in water-related activities and should read language similar to the following:

“CAUTION: MANATEE AREA/ EQUIPMENT MUST BE SHUTDOWN

IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF

OPERATION”.

(5) To ensure manatees are not trapped due to construction of containment or water control structures, the project shall be surveyed for the presence of manatees prior to commencement of work activities. Should a manatee be observed within those areas, the Contractor should immediately contact the US Fish and Wildlife Service’s Louisiana Ecological Services Office (337/291-3100) and the Louisiana Department of Wildlife and Fisheries, Wildlife Diversity Program (225/765-2821). Once US Fish and Wildlife and department of Wildlife and Fisheries are contacted the Contractor shall immediately contact the CO and COR and provide an update.

(6) Collisions with, injury to, or sightings of manatees should be immediately reported to the US Fish and Wildlife Service’s Louisiana Ecological Services Office (337/291-3100) and the Louisiana Department of Wildlife and Fisheries, Wildlife Diversity Program (225/765-2821). Please provide the nature of the call (i.e., report of an incident, manatee sighting, etc.); time of incident/sighting; and the approximate location, including the latitude and longitude coordinates, if possible. Once US Fish and Wildlife and department of Wildlife and Fisheries are contacted the Contractor shall immediately contact the CO and COR and provide a update.

20. Cultural Resources

The Contractor shall be on the alert for cultural resource deposits. Resource materials with potential cultural significance consist of the remains of prehistoric (Native American) or historic maritime or terrestrial activity, or human remains. Typical examples of cultural resources found in Coastal Louisiana include but are not limited to, material from historic shipwrecks, prehistoric (aboriginal) dugouts, fire hearths, pottery, or human bones. If the Contractor discovers any cultural resource deposits, the Contractor shall cease all work within 100 feet of the site and immediately notify the CO and COR.

NRCS – July 2022 LA- LaBranche MC PO-75 1-1

Construction Specification 1—Clearing

1. Scope The work shall consist of the clearing and disposal of trees, snags, logs, brush, shrubs, stumps, and rubbish from the designated areas.

2. Classification Unless otherwise specified in section 8, clearing will be classified according to the following definitions:

Class A—Requires that trees and other woody vegetation be removed so that the remaining stumps extend no higher than 4 inches above the ground surface.

Class B—Requires that trees and other woody vegetation be removed so that the remaining stumps extend no higher than 12 inches above the ground surface.

Class C—Requires that trees and other woody vegetation be removed as near the ground surface as conventional tools or field conditions will permit or as specified in section 8.

3. Protection of existing vegetation Trees and other woody vegetation designated to remain undisturbed shall be protected from damage throughout the entire construction period. Any damage resulting from the Contractor's operations or neglect shall be repaired by the Contractor.

Earthfill, stockpiling of materials, vehicular parking, and excessive foot or vehicular traffic shall not be allowed within the dripline of vegetation designated to remain in place. Vegetation damaged by any of these or similar actions shall be replaced with viable vegetation of the same species or as specified in section 8 and approved by the contracting officer.

Any cuts, skins, scrapes, or bruises to the bark of the vegetation shall be carefully trimmed and local nursery accepted procedures used to seal damaged bark.

Any limbs or branches 0.5-inch or larger in diameter that are broken, severed, or otherwise seriously damaged during construction shall be cut off at the base of the damaged limb or branch flush with the adjacent limb or tree trunk.

All roots 1 inch or larger in diameter that are cut, broken, or otherwise severed during construction operations shall have the end smoothly cut perpendicular to the root. Roots exposed during excavation or other operations shall be covered with moist earth and/or backfilled as soon as possible to prevent them from drying.

4. Marking The limits of the areas to be cleared will be marked by stakes, flags, tree markings, or other suitable methods. Trees to be left standing and uninjured will be designated by special markings placed on the trunks at a height of about 6 feet above the ground surface.

LA- LaBranche MC PO-75 1-2

5. Clearing All trees not marked for preservation and all snags, logs, brush, shrubs, stumps, rubbish, and similar materials shall be cleared from within the limits of the marked areas.

6. Disposal All materials cleared from the designated areas shall be disposed of at locations shown on the drawings or in a manner specified in section 8. The Contractor is responsible for complying with all local rules and regulations and the payment of any and all fees that may result from the disposal at locations away from the construction location.

7. Measurement and payment Method 1—For items of work for which specific unit prices are established in the contract, the cleared area is measured to the nearest 0.1 acre. Payment for clearing is made for the total area within the designated limits at the contract unit price for the specified class of clearing. Such payment will constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 2—For items of work for which specific unit prices are established in the contract, the length of the cleared area is measured to the nearest full station (100 feet) along the line designated on the drawings or in the specifications. Payment for clearing is made for the total length within the designated limits at the contract unit price for the specified class of clearing.

Such payment will constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 3—For items of work for which specific unit prices are established in the contract, the cleared areas is measured within the specified limits to the nearest 0.1 acre. The cleared areas are determined by measuring the width cleared, within the specified limits, at representative sections and multiplying the average width between sections by the linear distance between sections.

Payment for clearing is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 4—For items of work for which specific lump sum prices are established in the contract, payment for clearing is made at the contract lump sum prices. Such payment shall constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

All Methods—These provisions apply to all methods of measurement and payment.

Compensation for any item of work described in the contract, but not listed in the bid schedule is included in the payment for the item of work to which it is made subsidiary. Such items and the items to which they are made subsidiary are identified in section 8.

8. Items of work and construction details

LA- LaBranche MC PO-75 1-3

8. ITEMS OF WORK AND CONSTRUCTION DETAILS

Items of work to be performed in conformance with this specification and the construction details are:

A. Subsidiary Item - Clearing

1) General

i. This item shall consist of all incidental clearing needed by the Contractor within the design footprints of the containment dikes prior to placement of Earthen Containment Dike.

2) Clearing Classification

i. Section 2 – Clearing will be classified as Class C. The Contractor shall clear minimal area necessary to build Earthen Containment Dike.

3) Marking

i. Section 4 – Marking, does not apply.

4) Clearing

i. Section 5 – Clearing. No trees or existing vegetation will be marked for preservation.

5) Disposal

i. Natural woody vegetative material may be disposed of by side casting into the marsh creation area provided it is completely covered by the marsh creation fill material. Trees and other woody vegetation shall be cut off level with the ground surface.

ii. Non-biodegradable materials removed from the cleared areas shall be hauled away to an acceptable public landfill that meets all local, state, and federal requirements for that specific material.

6) Measurement and Payment

i. Section 7, measurement and payment shall not apply. No separate payment will be made for this item. Compensation for this item will be included in the payment for Bid Item 6, Earthen Containment Dikes.

LA- LaBranche MC PO-75 3-1

Construction Specification 3—Structure Removal

The work shall consist of the removal, salvage, and disposal of structures (including fences) from the designated areas.

2. Marking Method 1—Each structure or structure part to be removed will be marked with stakes, flags, paint, or other suitable method.

Method 2—The area boundaries from which structures must be removed will be marked using stakes, flags, paint, or other suitable method. Structures to remain undisturbed or to be salvaged will be designated by special markings.

3. Removal Method 1—All structures designated for removal in the contract shall be removed to the specified extent and depth.

Method 2—Within the areas so marked, all visible and buried structures identified shall be removed to the specified extent and depth.

4. Salvage Structures or structure parts that are designated to be salvaged shall be carefully removed and neatly placed in the specified or approved storage location. Salvaged structures that are capable of being disassembled shall be dismantled into individual members or sections. Such structures shall be neatly and systematically match marked with paint before disassembly. All connectors and other parts shall be marked to indicate their proper location within the structure and shall be fastened to the appropriate structural member or packed in suitable containers.

Material from fences designated to be salvaged shall be placed outside the work area on the property on which the fence was originally located. Fence wire shall be rolled into uniform rolls of suitable size and neatly piled with other salvaged materials. Posts and rails shall be neatly stacked.

5. Disposal of refuse materials Refuse materials resulting from structure removal shall be disposed of in a manner and at locations specified in section 7 of this specification or in an acceptable manner and at locations approved by the contracting officer. Disposal by burning shall be in accordance with local rules and regulations.

6. Measurement and payment Method 1—For items of work for which specific unit prices are established by the contract, payment for the removal of each structure unit, except fences, is made at the contract unit price. Fences removed or removed and salvaged are measured to the nearest linear foot. Payment for fence removal or removal and salvage is made at the contract unit prices for each type and size of fence.

Such payment will constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the

LA- LaBranche MC PO-75 3-2 completion of the work.

Method 2—For items of work for which specific lump sum prices are established by the contract, payment for structure removal is made at the contract lump sum price.

Such payment will constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the completion of the work.

All Methods—The following provisions apply to all methods of measurement and payment.

Compensation for any item of work described in the contract, but not listed as a contract line item number in the bid schedule, is included in the payment for the item of work to which it is made subsidiary. Such items and items to which they are made subsidiary are identified in section 7 of this specification.

7. Items of work and construction details

LA- LaBranche MC PO-75 3-3

7. ITEMS OF WORK AND CONSTRUCTION DETAILS

Items of work to be performed in conformance with this specification and the construction details are:

A. Subsidiary Item - Dewatering Structure Removal

1) General

i. This item shall consist of the removal and proper disposal of all dewatering structures used in the earthen containment dike construction from the marsh creation areas after the completion of the project, but prior to Contractor demobilization.

ii. The installation of dewatering structures is outlined in Construction Specification 421 – Earthen Containment Dikes.

2) Marking

i. Section 2, Marking, shall not apply. The Contractor shall remove all dewatering structures that were installed as part of this contract.

ii. The Contractor will not be able to put dewatering boxes in locations identified in the drawings without approval of COR and a plan to prevent sediment from entering Bayou LaBranche or a waterway/canal used by locals.

3) Removal

i. In Section 3, Removal, Method 1 shall apply.

ii. The Contractor shall remove all dewatering structures that were installed as a part of this contract.

iii. Any dewatering structure installed by the Contractor is designated for removal.

4) Closure of Breaches

i. All excavated soil material resulting from the dewatering structure removal activities shall be used to close the breaches left in the associated earthen containment dike. Said breaches shall be backfilled up to the newly constructed marsh fill elevation. The remaining material shall be side cast into the ECD borrow area.

5) Disposal of Refuse Material

i. Structure disposal location shall be approved by the CO,…