PA_TaskOrder_0001.pdf

TASK ORDER 0001

US Army Corps of Engineers ® t est Baton Rouge Parish, LA onstruction Solicitation

PRIL 2009

SOLICITATION PACKAGE

New Orleans Distric

Port Allen Lock

EXPANSION JOINT

REPAIR

W

C and Specifications

A

OM-09-6603

In Lieu of STANDARD FORM 1442 (Automated)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912P8-09-R-0046

2. TYPE OF SOLICITATION

ADVERTISED (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

2 of IMPORTANT ⎯ The “offer” section on the reverse must be fully completed by offeror.

4, CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST 6. PROJECT NO.

OM-09-6603

7. ISSUED BY CODE ADDRESS OFFER TO

U.S. Army Corps of Engineers, New Orleans Attn: CEMVN-CT New Orleans, LA 70118

See item 7.

9. FOR INFORMATION

CALL:

A. NAME

Carolyn R. Quinn

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) (504)862-2688

SOLICITATION

NOTE: In advertised solicitations “offer and offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Task Order for Serviced Disabled Veteran Owned Small Businesses MATOC

Port Allen Lock, Expansion Joint Repair, West Baton Rouge Parish, LA

Estimated value of this work is between $1,000,000.00 - $5,000,000.00

* Note block 13B below: A bid bond SHALL be submitted with the price proposal for Task Order No. 0001. See section 00700, clause 52.228-1, Bid Guarantee.

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving award notice to proceed This performance period is mandatory negotiable (See )

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 14:00 (hour) local time (date). If this is an advertised solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee 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 30 calendar days for Government acceptance after the date offers are due will be considered nonrespon-sive and will be rejected.

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ______________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re-quirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENTContractor is required to sign this document and return ____________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD(Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK(REV. 4-85)

Lafayette Area Engineer U.S. Army Corps of Engineers 646 Cajundome Blvd., Suite 301 Lafayette, LA 70506 Ted Eilts 337-291-3011

USACE, FINANCE CENTER

ATTN: CEFC-AD

5722 INTEGRITY DRIVE

MAIN TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 Bidding Schedule 00700 Contract Clauses Wage Rates 01100 General Provisions

DIVISION 01 - GENERAL REQUIREMENTS

01 33 00 Submittal Procedures 01 42 00 Source For Reference Publications 01 45 01 USACE Quality Control 01 57 20.00 10 Environmental Protection

DIVISION 03 – CONCRETE

03 15 13 Expansion Joint Repair

MTC-i

SECTION 00010 - BIDDING SCHEDULE

Port Allen Lock Expansion Joint Repair, OM-09-6603

West Baton Rouge Parish, Louisiana

Item

DESCRIPTION

Estimated Quantity

Unit

Unit Price

Estimated Amount

0001 Mobilization and Demobilization 1 LS

0002 Repair Expansion Joints 7304 FT

0003 Repair Concrete Spalls 55 CF

0004 Repair Concrete Cracks (Optional) 45 FT

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 three (3) 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.

00010-3

Use the following notes when Optional Items are on the Bid Schedule.

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

Failure to bid on all items will result in a non-responsive bid.

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

NOTE 6: Rapid Vendor Payment: Web-based instructions for the submission of invoices; http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp

Section Table of Contents

SECTION 00700 – CONTRACT CLAUSES

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK ………………1

2. LIQUIDATED DAMAGES…………………………………………………………………...1

3. CONTRACT DRAWINGS AND SPECIFICATIONS………………………………………1

4. PHYSICAL DATA……………………………………………………………………………..3

5. WARRANTY OF CONSTRUCTION WORK……………………………………………….3

00700-a

SECTION 00700 – CONTRACT CLAUSES

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10 - APR 1984)

The Contractor shall be required to

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 45 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 $1,705.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001

– AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

00700-1

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general --

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

West Baton Rouge Parish, Louisiana

Port Allen Lock A-01, C-02, Expansion Joint Repair H-8-47037 and C- 03

00700-2

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

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys. Field notes, , and other data on which this information is based are available at U.S.

Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN- ED, P.O. Box 60267, New Orleans, Louisiana 70160-0267, and access thereto may be had upon request.

(b) Weather Conditions. Data on weather conditions may be obtained from the National Weather Service.

(c) Transportation Facilities. The project site is located in Baton Rouge area. Access to the construction site shall be by public road suitable for the use intended by the contractor. Access to the project site is available via Hwy 1, which is accessed from I-10.

(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: Sheila Enclade, 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.

5. WARRANTY OF CONSTRUCTION WORK (FAR 52.246-2)

00700-3

The Contractor shall provide suitable storage (weatherproof, proper cribbing, etc.) for all equipment furnished for this project in case it is not immediately placed into the permanent work.

a. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

b. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

c. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of –

(1) The Contractor’s failure to conform to contract requirements; or (2) Any defect of equipment, material, or workmanship.

d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for one (1) year from the date of repair or replacement.

e. The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

f. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the government, if directed by the Contracting Officer.

h. In the event the Contractor’s warranty under paragraph b. of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

00700-4

i. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results form any defect in Government-furnished material or design.

j. This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

00700-5

General Decision Number: LA080002 03/13/2009 LA2

Superseded General Decision Number: LA20070004

State: Louisiana

Construction Type: Heavy

Counties: Acadia, Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Lafayette, Lafourche, Livingston, Ouachita, Rapides, St Landry, St Martin, Terrebonne, Webster and West Baton Rouge Counties in Louisiana.

HEAVY CONSTRUCTION PROJECTS (includes flood control, water & sewer lines, and water wells; excludes elevated storage tanks, industrial construction-chemical processing, power plants, and refineries)

Modification Number Publication Date 0 02/08/2008 1 03/07/2008 2 04/04/2008 3 06/13/2008 4 09/05/2008 5 01/16/2009 6 02/13/2009 7 03/13/2009

CARP0764-003 07/01/2006

BOSSIER, CADDO, OUACHITA, RAPIDES, AND WEBSTER PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 17.25 5.02

CARP0953-004 02/01/2006

CALCASIEU PARISH

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 18.60 3.33

MILLWRIGHT

High Speed..................$ 20.92 3.33 Maintenance.................$ 20.37 3.33

CARP1098-004 02/01/2006

ASCENSION, EAST BATON ROUGE, LIVINGSTON, AND WEST BATON ROUGE

PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 19.92 5.65

CARP1846-008 02/01/2006

LAFOURCHE AND TERREBONNE PARISHES

CARPENTER

(formbuilding/formsetting).......$ 19.92 5.00

CARP1897-004 02/01/2006

ACADIA, LAFAYETTE, ST. LANDRY, AND ST. MARTIN PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 15.50 3.95

* ELEC0130-009 12/01/2008

LAFOURCHE AND TERREBONNE PARISHES

Rates Fringes

ELECTRICIAN......................$ 25.00 8.33

ELEC0194-007 09/04/2008

BOSSIER, CADDO, AND WEBSTER PARISHES

Rates Fringes

ELECTRICIAN

Lineman and Heavy Equipment Operator..........$ 23.95 8.61

ELEC0446-007 09/01/2008

OUACHITA PARISH

Rates Fringes

ELECTRICIAN......................$ 19.65 7.68

* ELEC0576-006 03/01/2009

RAPIDES PARISH

Rates Fringes

ELECTRICIAN......................$ 21.60 5.62

ELEC0861-006 09/01/2006

ACADIA, CALCASIEU, LAFAYETTE, AND ST. MARTIN PARISHES

Rates Fringes

ELECTRICIAN......................$ 21.54 7.81

* ELEC0995-006 01/01/2009

ASCENSION, EAST BATON ROUGE, LIVINGSTON, ST. LANDRY, AND WEST

BATON ROUGE PARISHES

ELECTRICIAN......................$ 21.87 7.67

SULA2004-006 04/29/2004

Rates Fringes

CARPENTER (all other work).......$ 12.81 0.00

Cement Mason/Concrete Finisher...$ 13.77 0.00

Laborers Common......................$ 8.20 0.00 Pipelayer...................$ 9.45 0.00

Power Equipment Operators Backhoe/Excavator...........$ 13.01 0.00 Bulldozer...................$ 13.83 0.00 Crane.......................$ 16.62 3.28 Dragline....................$ 15.16 0.00 Front End Loader............$ 11.50 0.00 Motor Grader/Blade..........$ 11.75 0.00 Oiler.......................$ 8.59 2.50 Trackhoe....................$ 12.64 0.00 Water Well Driller..........$ 11.91 2.44 Winch.......................$ 11.38 0.00

Truck Driver, Dump...............$ 10.25 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

NOTICE 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 trace on all construction work in the covered area, and are as follows:

Goals for Minority Participation Goals for Female Participation For Each Trade for Each Trade SMSA (Baton Rouge) Counties 26.1% 6.9% Non-SMSA Counties 30.4% 6.9% These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs 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 any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the –

(1) Name, address, and telephone number of the subcontractor;

(i) Employer identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is (FAR 52.222-23) Economic Area 114, Baton Rouge, LA as follows:

Standard Metropolitan Statistical Area (SMSA Counties)

0760 Baton Rouge, LA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -26.1% LA Ascension; LA East Baton Rouge; LA Livingston;

LA West Baton Rouge Non-Standard Metropolitan Statistical Area (Non-SMSA) Counties - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -30.4% LA Concordia; LA East Feliciana; LA Iberville; LA Pointe Coupee;

LA St. Helena; LA West Feliciana; MS Adams; MS Amite; MS Wilkinson Federal Register/Vol. 45 No. 194/Friday, October 3, 1980

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER ……………………………1

2. DAMAGE TO WORK…………………………………………………………………………….2

3. SAFETY PROVISIONS………………………………………………………………………….2

4. RIGHTS-OF-WAY………………………………………………………………………………..5

5. CERTIFICATES OF COMPLIANCE……………………………………………………………7

6. ENVIRONMENTAL LITIGATION……………………………………………………………….7

7. WEEKENDS, HOLIDAYS, AND NIGHTS……………………………………………………...7

8. U.S ARMY CORPS OF ENGINEERS CRD-C STANDARDS……………………………….8

9. COMMERCIAL WARRANTY……………………………………………………………………8

01100-a

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This clause 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

01100- 1 previous month), and shall be calculated chronologically from the first to the last day of each month, and shall be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and 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 Sep 2008 edition of EM 385-1-1.

(a) Accident Investigations and Reporting. Refer to EM 385- 1-1, Section 01.D. 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 (FAR 52.236-13).) Within 5 days after receipt of Notice of Award of the contract, and at least 3 days prior to the prework conference, four copies of the Accident Prevention Program shall

01100- 2 be submitted to the Contracting Officer for review and acceptance. The program shall be prepared in the following format:

(1) Executed MVN Form 385-43 (Latest Edition), Administrative Plan (available upon request), see Appendix A of EM 385-1-1.

(2) Executed MVN 385-43/1 (Latest Edition), Accident Prevention Plan Checklist and MVN Form 385-43/2 (Latest Edition), Activity Hazard Analysis (available upon request), see Figure 1-1 of EM 385-1-1.

(3) A copy of company policy statement regarding accident prevention.

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. At the Contracting Officer's discretion, 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 01.B.06 of EM 385-1-1) that includes identification of potential hazards as prescribed in 29 CFR Part 1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Material Safety Data Sheets, and employee training program, and other criteria in accordance with 29 CFR Part 1910.1200 and/or 1926.59. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios or other means), and training in the use and understanding of material safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous substances, as defined in 29 CFR 1910.1200 and/or 1926.59, onto the job site, a copy of the Hazard Communication Program and the Material Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made available to the Contractor's employees as part of its Accident Prevention Program. A site map shall be attached to the inventory showing where the inventoried hazardous substances are stored. The inventory list and site map shall be updated monthly to assure accuracy.

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(d) Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite in accordance with Section 01451, "CONTRACTOR QUALITY CONTROL".

The reports shall be records of the daily inspections and resulting actions.

Each report shall include, as a minimum, the following:

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

(2) Locations of areas where inspections were made.

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

(f) Ground Fault Protection. Electrical equipment used on this contract shall be equipped with ground fault circuit interrupters in accordance with EM 385-1-1, Section 11.C.05.

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

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

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

(3) The safe harbor for personnel and plant specifically identified.

(4) The name of the boat which will be used to move the plant, its type, capacity, speed, and availability.

(5) The estimated time necessary to move the plant to the safe harbor after movement is started.

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

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

(n) Contractor shall employ a competent person at each project to function as the Site Safety and Health Office (SSHO). The SSHO will manage the Contractor’s APP. (This may be a collateral duty responsibility unless specified differently in the contract.) See EM 385-1- 1 Appendix A. paragraphs 4 and 7. The person(s), as a minimum, must have completed the 10-hour OSHA Construction safety class or an equivalent course applicable to the work to be performed and given by qualified instructors. Such training shall have been within the last three (3) years. An SSHO shall be on-duty at all times when work is being performed and shall be responsible for enforcing and implementing the Contractor’s Safety and Health Program in accordance with the accepted

APP.

4. RIGHTS-OF-WAY

a. The rights of entry required for the work to be constructed under this contract, within the rights-of-way limits indicated on the drawings, have been obtained by the Government and are provided without cost to the Contractor. The Contractor shall make its own investigations to determine the conditions, restrictions, and difficulties that may be encountered in the transportation of equipment and material to and from the work site. The proposed work, including rights-of-way, as defined by these specifications and as shown on the drawings, is in compliance with all applicable Federal and state environmental laws and regulations. Upon completion of the Contractor’s work, rights-of-way furnished by the Government shall be returned to its original condition prior to construction unless otherwise noted.

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b. If the Contractor proposes a deviation from the Government furnished rights-of-way for his convenience, the Contractor shall notify the Contracting Officer or its representative in writing. Contractor shall not provide any permanent rights-of-way for the project. The Contractor is cautioned that any deviation to the Government furnished rights-of-way is subject to all applicable Federal and state environmental laws and regulations. Compliance with these environmental laws and regulations may require additional National Environmental Policy Act (NEPA) documents, cultural resources surveys, coordination with the Louisiana State Historical Preservation Officer, water quality certification, modification of the Federal consistency determination, etc. The

Government is ultimately responsible for environmental compliance;

therefore, the Government will determine the additional environmental coordination and documentation necessary for a proposed deviation to the Government furnished rights-of-way. For any environmental investigations the Government is to perform on areas outside of Government furnished rights-of-way, the Contractor shall provide sufficient rights of entry to the Government. The Contracting Officer will advise the Contractor of the additional environmental coordination and documentation that must be completed. The Government shall be responsible for any additional environmental compliance; however, the Contractor may conduct specific tasks identified by the Government. The Government will offer advice and assistance to the Contractor in conducting these tasks. Depending on the environmental impact of the proposed deviation, obtaining the coordination and documentation may not be approved or could take as much as 180 days for approval by the Government. The Government must review, approve and ensure distribution of all environmental compliance documentation and ensure all comments on the same have been resolved before any utilization of any areas outside of the Government furnished rights-of-way. The Contractor shall reimburse the Government for actual expenses incurred for assistance in completing or attempting to complete additional environmental coordination and documentation, which expenses will not exceed one hundred thousand ($100,000.) dollars. There is no guarantee that environmental compliance will be obtained; therefore, the Contractor shall assume all risks and liabilities associated with pursuing a deviation.

Any delays resulting from the deviation and/or the environmental coordination and documentation shall not be made the basis of any Contractor claim for increase in the contract cost and/or increase in contract time. Deviations will be at Contractor’s sole risk and liability, including, but not limited to, such liabilities associated with items such as hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et. seq.), and at no cost to the Government. Government assistance in obtaining additional environmental clearances does not relieve the Contractor of

01100- 6 responsibility for complying with other Federal, state or local licenses and permits.

5. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply.

Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet specified requirements.

6. ENVIRONMENTAL LITIGATION

(a) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If the order is not due in any part to acts or omissions of the Contractor (or a Subcontractor at any tier) other than as required by this contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer under the Contract Clause in Section 00700, entitled Suspension of Work (FAR 52.242-14). The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

(b) The term "environmental litigation", as used herein, means a lawsuit alleging that the work has an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

7. WEEKENDS, HOLIDAYS, AND NIGHTS

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When the Contractor elects to work on weekends, holidays, and nights, notice shall be given to the Contracting Officer, in writing, 72 hours in advance of commencement of such operations to permit suitable arrangements for inspection to be made. Adequate lighting for thorough inspection of night operations shall be provided by the Contractor at his/her own expense.

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

CRD-C standards can be found at the following case sensitive address:

www.wes.army.mil/SL/MTC/handbook/handbook.htm

9. COMMERCIAL WARRANTY

The Contractor agrees that the standard commercial equipment furnished under this contract shall be covered by the most favorable commercial warranties the manufacturer gives to any customer for such equipment, and that the remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. Two copies of the warranties shall be furnished by the Contractor to the Contracting Officer.

http://www.wes.army.mil/SL/MTC/handbook/handbook.htm

SECTION 01 33 00 - SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 SUBMITTAL IDENTIFICATION DEFINITIONS

1.2 SUBMITTAL CLASSIFICATION

1.2.1 Government Approved

1.2.2 Information Only

1.3 APPROVED SUBMITTALS

1.4 DISAPPROVED SUBMITTALS

1.5 MEASUREMENT AND PAYMENT

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

3.2 SUBMITTAL REGISTER (ENG FORM 4288)

3.3 SCHEDULING

3.4 TRANSMITTAL FORM (ENG FORM 4025)

3.5 SUBMITTAL PROCEDURE

3.5.1 Procedures

3.5.2 Deviations

3.6 CONTROL OF SUBMITTALS

3.7 GOVERNMENT APPROVED SUBMITTALS

3.8 INFORMATION ONLY SUBMITTALS

3.9 STAMPS

01 33 00-a

SECTION 01 33 00 - SUBMITTAL PROCEDURES

1.1 SUBMITTAL IDENTIFICATION DEFINITIONS

Data Submittals which provide calculations, descriptions, or documentation regarding the work.

Drawings Submittals which graphically show relationship of various components of the work, schematic diagrams of systems, details of fabrication, layouts of particular elements, connections, and other relational aspects of the work.

Instructions Preprinted material describing installation of a product, system or material, including special notices and material safety data sheets, if any, concerning impedances, hazards, and safety precautions.

Schedules Tabular lists showing location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work.

Statements A document, required of the Contractor, or through the Contractor, from a supplier, installer, manufacturer, or other lower tier Contractor, the purpose of which is to confirm the quality or orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel, qualifications, or other verifications of quality.

Reports Reports of inspections or tests, including analysis and interpretation of test results.

Certificates Statement signed by an official authorized to certify on behalf of the manufacturer of a product, system or material, attesting that the product, system or material meets specified requirements. The statement must be dated after the award of the contract, must state the Contractor's name and address, must name the project and location, and must list the specific requirements which are being certified.

Samples Samples, including both fabricated and unfabricated physical examples of materials, products, and units of work as complete units or as portions of units of work.

Records Documentation to record compliance with technical or administrative requirements.

Operation and Maintenance Manuals Data which forms a part of an operation and maintenance manual.

01 33 00-1

1.2 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.2.1 Government Approved

Governmental approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer. Within the terms of the Contract Clause in section 00700 entitled, Specifications And Drawings For Construction (FAR 52.236-21), they are considered to be "shop drawings." Any reference to Government approval by the Contracting Officer (CO) includes the approving authority of the CO, the Administrative Contracting Officer (ACO), or the Contracting Officer's representative (COR).

1.2.2 Information Only

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.3 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.4 DISAPPROVED SUBMITTALS

The Contractor shall respond to all concerns expressed by the Contracting Officer and promptly make any corrections necessary to address those concerns. The Contractor shall promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause in Section 00700 entitled, Changes (FAR 52.243-4), shall be given promptly to the Contracting Officer.

1.5 MEASUREMENT AND PAYMENT

No separate measurement or payment will be made for submittal requirements as specified herein. Payment for the work covered under this section shall be distributed throughout the existing bid items. Payment for materials incorporated in the work will not be made if required approvals have not been obtained.

PART 2 PRODUCTS (Not Applicable)

01 33 00-2

PART 3 EXECUTION

3.1 GENERAL

The Contractor shall submit all items listed on the Submittal Register (ENG Form 4288) or specified in the other sections of these specifications. The Contractor shall make submittals as required by the specifications.