SSSI Area E_Amendment 5_Rev. Specs 01 14 00_WORK RESTRICTIONS.pdf

SECTION 01 14 00

WORK RESTRICTIONS

11/11, Addendum 2: 01/24, Addendum 5: 02/24

PART 1 GENERAL

1.1 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

List of Contact Personnel

1.2 SPECIAL SCHEDULING REQUIREMENTS

a. Contractor must be ready for operation as approved by Contracting Officer before work commences which would interfere with normal operation.

b. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the work.

c. All requests to interrupt any service on roads, railroads, or utility service shall comply with local municipal agencies, laws and regulations. Road closures must be granted permission by NYC DOT in writing a minimum of 7 calendar days prior to the desired date of interruption. The Contractor shall understand and anticipate the turnaround time for road closure approvals by local agencies.

1.3 CONTRACTOR ACCESS AND USE OF PREMISES

1.3.1 Project Site Restrictions

Ensure that Contractor personnel employed on the project site become familiar with and obey site specific rules including safety, fire, traffic and security protocols. Keep within the limits of the work and avenues of ingress and egress. Wear appropriate personal protective equipment (PPE) in designated areas. Do not enter any restricted areas unless required to do so and until cleared for such entry. Mark Contractor equipment for identification.

1.3.1.1 Subcontractors and Personnel Contacts

Provide a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency. As changes occur and additional information becomes available, correct and change the information contained in previous lists.

1.3.1.2 No Smoking Policy

Smoking is prohibited within and outside of all work sites, except in designated smoking areas. This applies to existing buildings, buildings under construction and buildings under renovation. Discarding tobacco materials other than into designated tobacco receptacles is considered littering and is subject to fines. The Contracting Officer will identify designated smoking areas.

1.3.2 Working Hours

Regular working hours in all areas of the project, except for work within streets, are between 7 a.m. and 6:00 p.m. on weekdays. The Contractor shall refer to the OCMC Traffic Stipulations in Section 01 50 00 for work hours within streets. The Contractor may request approval from the Contracting Officer at least 24 hours before Saturday work takes place. If approval is granted, the Contractor shall only work between the approved hours, excluding Government holidays. If the Contractor intends to work outside of regular hours, their request must satisfy the conditions specified in paragraph titled Work Outside Regular Hours, below. Approval is under the discretion of the Contracting Officer.

1.3.3 Work Outside Regular Hours

Work outside regular working hours requires Contracting Officer and City approval. Make application 15 calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours.

During periods of darkness, the different parts of the work must be lighted in a manner approved by the Contracting Officer.

1.3.4 Exclusionary Period

Seasonal Restriction: In accordance with the Migratory Bird Treaty Act and the Endangered Species Act, tree and shrub removal should not be performed from April 1st through September 30th. Note that the Red Knot window for the Oakwood Beach area covers the period's May 1st - June 15th and July 15th - November 30th, where no activities may take place unless otherwise authorized. If authorized, a qualified environmental monitor must be present on-site.

1.3.5 New York City Holidays

In accordance with New York General Construction Law, the following 2022 holidays are recognized by New York City and shall be recognized:

New Year’s Day (January 1) Martin Luther King Jr's Day (January 17) Lincoln’s Birthday (February 11) Presidents' Day (February 21) Memorial Day (May 30) Independence Day (July 4) Labor Day (September 5) Columbus Day (October 10) Election Day (November 8) Veterans’ Day (November 11) Thanksgiving Day (November 24)

Christmas Day (December 26) New Year's Day (January 2, 2023)

If a holiday falls on a Sunday, it is observed on the following Monday.

Additionally, the following federal holiday shall be observed: Juneteenth Independence Day (June 20, 2022).

1.3.6 Utility Cutovers and Interruptions

a. Any utility cutovers and interruptions must be coordinated by the

Contractor with the respective utility company. Any utility interruption that is proposed to take place after normal working hours or on Saturdays, Sundays, and Government holidays must be approved by the City and the respective utility company in addition to conforming to procedures required in paragraph WORK OUTSIDE REGULAR HOURS.

b. Ensure that new utility lines are complete, except for the connection, before interrupting existing service.

c. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, compressed air are considered utility cutovers pursuant to the paragraph WORK OUTSIDE

REGULAR HOURS.

d. The Contractor must have on-site all materials, equipment, manpower, etc. to complete all work during the approved duration of the outage.

All utilities and systems must be fully tested and operational prior to the end of the approved outage. Unscheduled outages must be repaired immediately. Repairs and corrective actions must proceed continuously in a diligent manner until all services and utilities are restored to their original condition. In no case will the Contractor be permitted to let portions of the change over or repairs to remain incomplete

e. Open trenches or road restrictions will not be permitted without the approval of the Contracting Officer. Contractor shall include and provide steel plates with rods pounded into the ground to cover openings for road access.

1.3.7 Privately Owned Utilities

The Work is expected to take place is in the presence or close proximity of facilities or lines owned by private utilities. Contractor shall be familiar with and abide by procedures set forth by the City of New York and those private utilities, as indicated in attachments 1 and 2 at the end of this Section, titled "National Grid Specifications" and "Section U" dated February 2024, respectively.

1.3.8 WORKING CONDITIONS

The Contractor shall comply with paragraph 01.A.20 Fatigue Management Plan (FMP) of EM 385-1-1.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

ATTACHMENT 2

(SECTION U VERSION 2.0)

WORK PERFORMED IN THE PRESENCE OF PRIVATELY OWNED UTILITIES

THE CITY OF NEW YORK

DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREEN

INFRASTRUCTURE

Coastal Storm Risk Management South Shore of Staten Island, New York

Interior Drainage Area E

Together With All Work Incidental Thereto BOROUGH OF STATEN ISLAND

CITY OF NEW YORK

DATED: August 2022 edited for the Coastal Storm Risk Management Project

1. The Contractor shall be responsible for compliance with all the provisions of the following Sections and Schedules, which are hereby made a part of the original contract documents:

A. "SECTION U: Additional Contract Requirements Applying to Work Performed in the Presence of Privately Owned Utility Facilities"

B. Schedule U-1

2. Each facility operator shall provide inspectors at the work site to inspect methods of interference work, verify quantities and items of Utility Work, and coordinate all phases of the facility operator operations.

3. In addition, the following statements are made to provide clarification of various paragraphs under Section U:

A. Section U, paragraph 3, requires the Contractor to immediately commence negotiations with each Company for an Interference Agreement under which the Company will compensate the Contractor for any Interference Work which the Company does not elect to perform with its own forces or by specialty contractors retained by the Company. Thus, the Contractor is on notice that its work under the Contract may be affected by Interference Work performed by (a) the Contractor pursuant to a separate Interference Agreement with the Company, (b) the Company, or (c) partly by each.

C. The provisions of Section U are material provisions of the Contract and the Contractor's failure to comply with the procedures set forth in Section U are sufficient for the Contracting Officer or Commissioner to declare the Contractor in default pursuant to the Contract.

D. The term “City Work” is used throughout this document shall be understood to mean all work under this Contract’s scope of work.

Pursuant to this Addendum, the Contractor is informed that the Performance Bond required of the Contractor pursuant to the Contract is not deemed to guarantee performance of any of the Interference Work.

B. The Federal Government, State, or City have no contract with any of the

Companies for work on or adjacent to the site of work under this Contract, and the Companies are not "Other Contractors" as defined for the purposes of this Contract. The Contractor is reminded, however, that pursuant to Section U, 3, the Federal Government, State, or City will not compensate the Contractor for any direct and/or indirect costs related to Interference Work, regardless of whether such Interference Work is covered by an Interference Agreement between the Contractor and the Company or is performed by the Company using its own forces or by specialty contractors retained by the Company.

C. The provisions of Section U are material provisions of the Contract and the Contractor's failure to comply with the procedures set forth in Section U are sufficient for the Contracting Officer or Commissioner to declare the Contractor in default pursuant to the Contract.

D. The term “City Work” is used throughout this document shall be understood to mean all work under this Contract’s scope of work.

Pursuant to this Addendum, the Contractor is informed that the Performance Bond required of the Contractor pursuant to the Contract is not deemed to guarantee performance of any of the Interference Work.

Section U: Additional Contract Requirements Applicable to Work Performed in the Presence of Privately Owned Utility Facilities

The Contractor is hereby notified that pursuant to the law and franchise agreements issued by the City, certain private utility and public service companies named in Schedule U-1 ("the Companies") own and/or operate surface and/or subsurface facilities within the limits of this contract. The existence of these facilities impacts the productivity of the City work called for in the contract. In order to improve coordination of the City construction with the private utility facilities owned and/or operated by the Companies named in Schedule U-1, Article 1.06.30 of the Standard Highway Specifications of the New York City Department of Transportation , Dated November 1, 2010; and/or Articles 10.15 through 10.18 of the Standard Sewer and Water Main Specifications of the New York City Department of Environmental Protection , Dated July 1, 2014; as applicable, are amended and will be implemented as follows:

1. Means and methods for City work:

a) The Contractor is hereby notified that the utility interferences may impact the performance of, and/ or interferes with, City work. The contractor will be required to perform such utility work as directed by the Contracting Officer in order to clear all utility interferences from the project site as required for satisfactory completion of City work within specified contract schedule.

b) In areas serviced by overhead electric system, the contractor understands and by bidding for this contract agrees that he/she will be required to perform the public work in the presence of energized electrical overhead lines and appurtenances located in areas adjacent and/or within the project area. As a consequence he/she will select means and method of construction appropriate to maintain the safety clearances required or as permitted by electric operators in order to avoid damaging the insulation or shielding of these lines and also to prevent knocking them down.

2. Field inspection prior to construction:

Prior to the start of any contract work in areas serviced by overhead electric lines, and after the award to the apparent low bidder for this contract, the contractor must request a field walk of the project area along with the operator of the overhead electrical facilities and the Contracting Officer. At that time the facility operator will confirm the type and condition of the overhead electrical lines and the sufficiency of their insulating properties with respect to the means and methods proposed by the contractor. The contractor must be prepared to describe in enough details his/her proposed means and methods of construction operations in order to anticipate the likelihood that electric lines insulation would be cut or otherwise compromised. Also such details will allow the facility operator to anticipate the need for added insulation and/or shielding of non-insulated lines.

4. Interference Agreement:

1. Although the parties may negotiate an Interference Agreement in any format or manner they deem fit, the Contractor is hereby advised that the Companies have indicated to the City that they will agree to compensate the Contractor on a unit price basis for Types of Interferences encountered on this Contract in accordance to the Private Utilities reference document for SECTION U called "CET SPECIFICATIONS AND SKETCHES", dated November 2010, copy of which is available on demand.

2. The Contractor shall notify the City upon concluding an Interference Agreement with each of the Companies.

3. Compensation for interference work:

Compensation for Interference Work is a matter of adjustment between the Contractor and each private utility company located within the limits of the project area and whose utility facilities are affected by City contract work. In particular, the Federal Government, State, or City will not compensate the Contractor for any direct and/or indirect costs related to Interference Work, including, but not limited to, lost profit, increased overhead, or any other impact costs. Upon receipt of a Notice of Award from the City, the Contractor shall immediately commence negotiations with each of the Companies concerning the manner in which and the price for which the Contractor, through its own forces or by others hired by it, will perform and be paid by the Company for all necessary Interference Work as defined above, and at known locations of City contract work, that the Company(ies) choose(s) not to perform with its(their) own forces or by specialty Contractors hired by it (them) (as per "Interference Agreement"). (Specialty contractors' work is limited to (i) insulation installation and removal, (ii) live gas and steam work, (iii) cleanup and disposal of hazardous materials, (iv) splicing live electrical and telecommunications facilities, and (v) work not traditionally performed by general construction contractors.

4. Interference Agreement:

1. Although the parties may negotiate an Interference Agreement in any format or manner they deem fit, the Contractor is hereby advised that the Companies have indicated to the City that they will agree to compensate the Contractor on a unit price basis for Types of Interferences encountered on this Contract in accordance to the Private Utilities reference document for SECTION U called "CET SPECIFICATIONS AND SKETCHES", dated November 2010, copy of which is available on demand.

2. The Contractor shall notify the Federal Government, State, or City upon concluding an Interference Agreement with each of the Companies.

5. Extra utility work with Utility Agreement:

If during construction the Contractor encounters utility facilities interferences or utility scope of work that it believes is not covered by the Interference Agreement as described above, then the Contractor shall immediately notify the Company in writing, with a copy to the City, describing the nature and location of the extra work in question. The Company then has five business days to investigate the conditions and then:

a) Advise the Contractor and the City in writing that no interference with its facilities exists at the location in question, and hence that the Contractor may proceed with City work without providing for any impact from Company facilities.

b) Advise the Contractor and the City in writing that the Interference Agreement negotiated pursuant to Paragraph 4, provides for the scope of work encountered.

c) Advise the Contractor and the City in writing that it intends to perform the necessary utility Work with company forces or with its own contractor including, but not limited to, relocating its facility out of the way of the proposed City work.

In this case, the Company shall provide a written schedule for the performance of the utility work it proposes to perform, which shall be subject to approval by the City based on its impact to the Contractor’s currently approved progress schedule.

Upon approval of the Company's schedule by the City, the Contractor shall provide access to the worksite to the Company and/or any contractors hired by it to perform this utility work. If necessary, the City may grant a contract time extension for delays caused by the performance of such utility work by the company.

d) Reasonably specify in writing the scope of work to be performed by the Contractor on behalf of the Company that is not covered under the Interference Agreement negotiated pursuant to Paragraph 5, including, but not limited to, relocating , supporting, and/or protecting the Company's facilities, and/or shifting the City facility if approved by the Contracting Officer , and/ or otherwise changing its operations to work in the presence of the Company’s facilities. Should the Company elect this option, it must adequately define and provide an initial price offer for the work required to be performed.

6. Means and Methods for utility work:

Upon receipt of the Company’s determination pursuant to paragraphs 6.2, or 6.4, above, the Contractor shall determine reasonable means and methods of performing the work defined by the Company. These means and methods are subject to approval of the Company, which shall not be unreasonably withheld.

If, however, the Company objects to the Contractor' s proposed means and method s then it shall define an alternate method of construction. Upon receipt of the Company's approval or its proposed alternate method of construction, the Contractor shall commence performance of the work defined by the Company as soon as possible, and shall perform the work in a good, workmanlike, and efficient manner, using the means and methods approved by the Company, in order to permit the City work to proceed in the most expeditious manner possible, but without imposing unreasonable and/or unnecessary costs on the Company. It is expressly understood by all parties that the City's rights pursuant to Article 4 of the Contract apply to Utility Work performed pursuant to this section.

7. Disputed utility work covered by a utility agreement:

The City Work will continue without delay to the contract. In the event of any dispute between the Company (ies) and the Contractor regarding any issue related to the performance of, or payment for, utility work, including, but not limited to, any indirect or impact costs incurred by the Contractor due to the Utility Work and/or to the existence of facilities owned or operated by the Company (ies) on the line of the work.

The Company (ies) and the Contractor hereby agree to submit to each other a "Final Offer," in writing, by certified mail. Each party shall then have three business days to consider each other’s Final Offer. In the event that neither party accepts the other's Final Offer within those three days, the Company (ies) and the Contractor agree to immediately submit the dispute to binding arbitration as described in Paragraph 9.

During the pendency of any arbitration, the Company (ies) and the Contractor shall maintain separate records of the actual quantity and cost of labor, materials, and equipment expended, and to provide copies of this information to the other party on a daily basis for reconciliation. Any and all disagreement with the records maintained and provided by the other, must be documented in writing to all parties. However, these records are solely for the benefit of presentation to the arbitrator, whose decision may not necessarily be based on these records and in any event is final. Both parties should be aware that the City will not confirm or deny the accuracy of any records maintained by either party for Utility work performed pursuant to a Utility Agreement. While the arbitration is pending, the Company shall pay the Contractor on a monthly basis, based on the price offered by the Company to the Contractor for the performance of the work.

8. Arbitration of utility work:

The arbitration of the issues described above shall be conducted pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association (hereinafter "the Rules" and "AAA") in effect on the date the arbitration is initiated except as set forth herein. The arbitration award shall be final and binding upon the parties to the arbitration and judgment upon the award may be entered in a court having jurisdiction.

Once an arbitrator(s) has been appointed by the AAA, the arbitration shall be scheduled as promptly as possible given the arbitrator(s) and the parties' schedules.

No later than seven days prior to the first arbitration hearing, Company and Contractor shall submit to the arbitrator(s), and to each other, a summary of each party 's respective position and such other information as is deemed appropriate, along with a copy of each party 's Final Offer as specified in paragraph 8.

The arbitration shall be conducted and concluded in two days.

On the morning of the first day of the arbitration, Contractor and/or representatives shall have 3 hours to make a presentation of its claim to the arbitrator. During its presentation, Contractor shall not be permitted to produce any documents or cost records which have not already been provided to the Company. Contractor shall be permitted to produce any analysis or description of its claim which has been prepared for the purpose of its presentation.

After lunch, Company and/or its representatives shall have two hours to ask Contractor questions about its claim and its presentation. Thereafter the arbitrator(s) shall have two hours to ask Contractor questions about its claim and its presentation.

On the morning of the second day of the arbitration, Company and/or its representatives shall have 3 hours to make a presentation of its claim to the arbitrator. During its presentation, the Company shall not be permitted to produce any documents or cost records which have not already been provided to the Contractor. The Company shall be permitted to produce any analysis or description of its claim which has been prepared for the purpose of its presentation.

After lunch, Contractor and/or its representatives shall have two hours to ask Company questions about its claim and its presentation. Thereafter the arbitrator(s) shall have two hours to ask Company questions about its claim and its presentation.

Subject to the above time limitations, the arbitrator(s) may conduct the arbitration in such manner as the arbitrator(s) deems reasonable.

The arbitrator(s) shall then have one week to select in writing, as the arbitrator('s) award, that party's Final Offer which appears to be more reasonable, based on the presentations at the arbitration hearings.

The arbitrator shall have no discretion to grant an award other than one of the two Final

Offers submitted by the parties.

Any award for work that has already been performed shall be paid on the 7th day after receipt of the arbitrator's decision, or on the 30th day after completion of the work, whichever is later. Payment for work not yet completed at the time of the arbitrator's decision shall be paid within 30 days of completion of work. Interest shall accrue from the date payment is due at the rate of 9% per annum. Either party may cause judgment to be entered in accordance with the arbitrator(s) decision in a court in the State of New York, County of New York. The arbitrator's fees and any other costs of the arbitration shall be initially shared equally by Company and Contractor. The non-prevailing party shall then pay all arbitrator 's fees and costs of the arbitration and shall reimburse the prevailing party for its share of such fees and costs theretofore paid. The parties may, at any time, settle any matter submitted to arbitration.

Order-out waiver:

The Contractor and all subcontractors hired by it, if an Interference Agreement is executed as specified between the concerned parties, agree to waive any rights they may have, if any, under law, contract or otherwise to compel the City to assert any right the City may have, including the issuance of any directives required under the New York City Administrative Code, Section 19-143 and Section 24-521, to require any or all of the Companies to maintain, repair, replace, protect, support, shift, alter, relocate, and/or remove utility facilities in connection with the work to be performed under this contract.

However, nothing in this section shall preclude the City from exercising its rights under the Law to issue such a directive to the Company.

Cost of insurance:

Each of the named Companies, at their option and if an Interference Agreement is executed as specified between the concerned parties, may be named as an additional insured on all insurance policies required to be maintained under this contract. In the event that a Company opts to be so named as an additional insured, the actual incremental cost, if any, to the Contractor of providing such insurance coverage shall be borne by that Company. The Contractor shall provide a written statement from its insurance provider documenting the actual cost of this added coverage to the Company.

Under no circumstances shall the cost of insurance coverage on behalf of any Company be borne by the City. Nothing in this paragraph shall be interpreted to imply the City's acceptance of any additional responsibility or liability for any matter related to the performance of Utility Work. In particular, the Company and the Contractor bear joint and full responsibility to ensure that any Utility Work performed by the Contractor is in compliance with all applicable government and Company regulations.

Cost of utility interference work:

The Companies, by virtue of a prior agreement with the City, have agreed to perform their obligations described in this section. It is expressly understood that the cost of Utility Work or any delays cost cause by such utility work shall not be a charge against the City but shall be a matter for adjustment between the Contractor and the Company or Companies concerned. The City and the Contractor agree that the Companies are third party beneficiaries of this section of the contract, if a Utility Agreement is executed between the contractor and utility company (ies). The provisions of this section shall govern in all cases where Company property interferes with or is about to be disturbed by the City work, notwithstanding any other provision of the Contract, except for Natural Gas transmission/distribution facilities covered subject to the Gas Facility Cost Allocation Act (GFCAA) and covered separately in this contract.

Default declaration:

The Contractor agrees that the provisions of this section are material provisions of the contract, and that the Contractor's failure to comply with the procedures set forth above are sufficient for the Commissioner to declare the Contractor in default pursuant to Article 48 of the Contract.

NYS Labor Law:

The Contractor is hereby advised that New York State Labor Law applies to public work.

The work described in this Section U of the contract performed by utility company (ies) with their own forces or vendors hired by such company (ies) is not public work.

Facility operators:

The insurance requirements in Paragraph 11 of this Section U apply to: (i) additional Companies, if any, who were not named in Schedule "A" but which have executed a Utility Agreement with the contractor for utility work ; and (ii) additional coverage, if any, paid for by Utility Companies whose utility facilities are located within the project limits, that they may require for the utility work pursuant to an utility agreement between the contractor and such utility companies.

[End]

Coastal Storm Risk Management South Shore of Staten Island, New York

Interior Drainage Area E