A21-W912P818B0056.pdf

ED 18-045

W912P8-18-B-0056

US Army Corps of Engineers New Orleans District

Mississippi River and Tributaries Project (MR&T), Mississippi River Westbank Levee, West Jefferson Levee District

Nine Mile Point Seepage Control, B/L Sta. 481+50 To B/L Sta. 524+70

Jefferson Parish, Louisiana

Construction Solicitation and Specifications

August 24, 2018

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

7400 Leake Ave

NEW ORLEANS, LOUISIANA 70118-3651

REPLY TO

ATTENTION OF:

Contracting Division Projects West Branch

ATTENTION BIDDERS

In preparing your bid ----

1. Have you signed the bid? Are all blank spaces filled in?

2. If signing on behalf of your company and not an offer thereof, have you attached evidence of your authority to sign the bid?

3. Have you acknowledged receipt of all amendments?

4. Have you checked your bid for possible errors? Arithmetically?

5. Have you furnished all information required by the invitation for bids or the specifications?

6. Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?

7. If required by the invitation, have you submitted a bid bond? Is it signed? It is in the proper amount?

8. Have you identified on the face of the envelope containing your bid, the invitation number to which it pertains, and the date and hour of opening?

LMN FL 1078-1

AUGUST 90 (previous editions are obsolete) Proponent: CEMVN-CT-W

SOLICITATION NO: W912P8-18-B-0056

INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO THE

FOLLOWING:

EDITH M. BRANDON

EMAIL: EDITH.M.BRANDON@USACE.ARMY.MIL

TELEPHONE: 504-862-1047

COLLECT CALLS NOT ACCEPTED

FOR THE MOST PROMPT RESPONSE, SEND ALL QUESTIONS VIA EMAIL.

ALL QUESTIONS MUST CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

ED18-045

SOLICITATION: W912P8-18-B-0056 August 24, 2018

FOR: W912P8-18-B-0056__Mississippi River and Tributaries Project (MR&T), Mississippi River Westbank Levee, West Jefferson Levee District, Nine Mile Point Seepage Control, B/L Sta. 481+50 to B/L Sta. 524 +70, Jefferson Parish, Louisiana (ED 18-045)

TO OPEN: 25 September 2018, 2:00 PM CST

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

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

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

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

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

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

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

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

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of clearing and grubbing, constructing temporary access ramps, installing silt fencing, removal of existing asphalt bike path, degrading and removing existing levee, driving steel sheet piling, placing compacted fill, placing new asphalt bike path, removal of temporary access ramps, fertilizing, seeding and mulching.

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

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

https://www.sam.gov/ http://fedgov.dnb.com/webform

PTC-i ED 18-045

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACTING

Solicitation, Offer and Award SF-1442 00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clauses

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 78 02.00 10 Closeout Submittals

Division 31 – EARTHWORK

31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 24 00.00 12 Embankment 31 41 16.00 12 Steel Sheet Piling

Division 32 – EXTERIOR IMPROVEMENTS

32 12 16.00 12 Asphaltic Pavement 32 15 00.00 12 Surfacing (Granular) 32 92 19.04 12 Turf Establishment and Maintenance

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

ED 18-045

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U S ARMY CORPS OF ENGINEERS, NEW ORLEANS

ATTN: CEMVN-CT-W (E. Brandon)

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118-3651

U.S. ARMY CORPS OF ENGINEER

NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

9. FOR INFORMATION

CALL:

A. NAME

Edith M. Brandon

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

(504) 862-1047

SOLICITATION

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

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

Mississippi River and Tributaries Project (MR&T), Mississippi River Westbank Levee, West Jefferson Levee District, Nine Mile Point Seepage Control, B/L Sta. 481+50 to B/L Sta. 524+70, Jefferson Parish, Louisiana (ED 18-045)

100% WOMEN-OWNED SMALL BUSINESS (WOSB)

The work consists of clearing and grubbing, constructing temporary access ramps, installing silt fencing, removal of existing asphalt bike path, degrading and removing existing levee, driving steel sheet piling, placing compacted fill, placing new asphalt bike path, removal of temporary access ramps, fertilizing, seeding and mulching.

The estimated value of this work is between $5,000,000 and $10,000,000

11. The Contractor shall begin performance within 10 calendar days and complete it within 311 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See FAR 52.211-10 .)

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 2:00 PM (hour) local time 09/25/18 (date). If this is a sealed bid 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 not be considered and will be rejected..

NSN 7540-01-155-3212

STANDARD FORM 1442 (REV. APR 1985)

Prescribed by GSA APD PE v1.00 FAR (48 CFR) 53.236-1 (d)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUEDSOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

PAGE OF PAGES

1 2

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

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

12B. CALENDAR DAYS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CAGE CODE NO. DUNS NO.

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 require-ment stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

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

USAED NEW ORLEANS

C/O USACE, FINANCE CENTER

(UFC) ATTN: CEFC-AO-P

5720 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

U.S. Army Corps of Engineers New Orleans Area Office 7400 Leake Avenue, Rm 186 New Orleans, LA 70118

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT Contractor 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)

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

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. APR 1985)

APD PE v1.00

AMOUNTS

00010-3 ED 18-045

SECTION 00010 – BIDDING SCHEDULE

Mississippi River and Tributaries Project (MR&T), Mississippi River Westbank Levee, West Jefferson Levee District, Nine Mile Point Seepage Control, B/L Sta. 481+50 to B/L Sta. 524+70, Jefferson Parish, Louisiana

Item DESCRIPTION Estimated Quantity Unit Unit

Price Estimated Amount

0001 Mobilization and Demobilization 1 JOB

0002 Traffic Control and Coordination 1 JOB

0003 Silt Fences

0003AA First 4,000 LF 4,000 LF

0003AB All Over 4,000 LF 1,300 LF

0004 Clearing and Grubbing 1 JOB

0005 Degrading Existing Levee 1 JOB

0006 Embankment, Compacted Fill 1 JOB

0007 Temporary Access Ramps 1 JOB

0008 Piling, Steel Sheet, Type PZ-22 165,440 SF

0009 Asphaltic Pavement 1 JOB

0010 Seeding and Mulching 1 AC

0011++ Lime Soil Amendment 1 TON

0012++ Sulfur Soil Amendment 0.5 TON

0013 Fertilizer

0013AA First 300 LBS 300 LBS

0013AB All Over 300 LBS 50 LBS

Total $ ++Items not subject to the requirements of FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY.

**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

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

00010-4 ED 18-045

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), Rejection of Individual Bids).

NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

00010-5 ED 18-045

EVALUATION OF SUBDIVIDED ITEMS (UAI 5152.211-9000 Mar 1995).

Item Nos. 0003 and 0013 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (UAI 5152.211-

9001 Mar 1995).

The Variation in Estimated Quantities Subdivided Items clause is applicable only in Item Nos. 0003 and 0013.

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

b. Where the actual quantity of work performed for Item Nos. 0003 and 0013 is less than 85% of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity .

c. If the quantity of work performed under Item Nos. 0003 and 0013 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(End of Clause)

Section 00600 - Representations & Certifications

W912P818B0056 0800-1 ED 18-045

W912P818B0056 0800-2 ED 18-045

General Decision Number: LA180015 05/11/2018 LA15

Superseded General Decision Number: LA20170015

State: Louisiana

Construction Type: Highway

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

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018

1 05/11/2018

CARP1846-001 07/01/2017

Rates Fringes

Carpenter (includes form work)...$ 25.06 9.10

ENGI0406-001 10/28/2010

Rates Fringes

Mechanic.......................$ 25.40 8.05

* LABO0099-001 07/01/2017

ORLEANS, JEFFERSON and ST. BERNARD PARISHES

Rates Fringes

LABORER (Common or General)......$ 17.22 3.40

* LABO0099-002 07/01/2017

PLAQUEMINES, ST.CHARLES and ST. JOHN THE BAPTIST PARISHES

Rates Fringes

LABORER (Common or General)......$ 17.22 3.40

SULA2011-003 08/17/2011

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 20.03 4.24

IRONWORKER, REINFORCING..........$ 17.49

LABORER: Common or General St. Tammany County.........$ 9.51 1.14

Power equipment operators:

Asphalt Paver...............$ 17.20 4.97 Backhoe/Excavator/Trackhoe..$ 16.85 4.91 Broom/Sweeper...............$ 15.17 5.15 Bulldozer...................$ 16.40 Crane.......................$ 25.35 Grader/Blade................$ 15.88 Milling Machine.............$ 16.63 2.14 Roller (Dirt and Grade Compaction) Jefferson, St. Bernard, St. Charles and St. John the Baptist................$ 12.59 4.37 Orleans, Plaquemines, St.

Tammany....................$ 14.74 4.23

Trencher....................$ 14.38

Truck drivers:

Dump Truck..................$ 12.93 0.18 Water Truck.................$ 13.79

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

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

Washington, DC 20210

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

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

Washington, DC 20210

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

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

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

Washington, DC 20210

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

END OF GENERAL DECISION

NOTICE TO CONTRACTOR

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

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

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

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

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

SOLICITATION PROVISION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

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

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

Goals for Minority Goals for Female Timetables Participation for Participation in

Each Trade______ Each Trade_____

Indefinitely 20% - 23 % 6.9%

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

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

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

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

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

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

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

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

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

James*** Parishes, Louisiana.

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

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

* Area covered is east of the Illinois Central Railroad.

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

Tangipahoa Parish line adjacent from New Orleans and Baton Rouge.

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

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (APRIL 1984)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation Goals for Female Participation for Each Trade for Each Trade

SMSA Counties MS 19.2% 6.9% SMSA Counties LA 31.0% 6.9% Non-SMSA Counties 27.7% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in the geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Program office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract. Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 working days following award of a construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notifications shall list the –

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

(i) Employer identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

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

and

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

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

Standard Metropolitan Statistical Area

(SMSA) Counties:

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

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

Non-Standard Metropolitan Statistical Area

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

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

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

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

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Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 1

2. DAMAGE TO WORK 2

3. SAFETY PROVISIONS 2

4. INSPECTOR'S FIELD OFFICE 7

5. PROJECT SIGN 8

6. RIGHTS-OF-WAY 9

7. STAGING AREAS 10

8. CERTIFICATES OF COMPLIANCE 10

9. ENVIRONMENTAL LITIGATION 11

10. UTILITIES AND IMPROVEMENTS 11

11. PERMISSIBLE HOURS OF WORK 13

12. AGGREGATE SOURCES 13

13. STONE SOURCES 15

14. CLAY SOURCES 15

15. FORMAT OF SURVEYS 16

16. PROJECT BENCHMARKS 17

17. ACCESS PLAN 18

18. EMERGENCY FLOOD PROTECTION PLAN 18

19. FIELD VERIFICATION OF UTILITY LOCATIONS 19

20. VIDEO AND PHOTOGRAPHIC DOCUMENTATION 19

21. COORDINATION WITH LOCAL INTERESTS 20

22. WORK RESTRICTIONS 21

23. VIBRATION MONITORING 21

24. SECURITY REQUIREMENTS 22

25. LEVEE TRAVERSE 23

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SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause in Section 00700, entitled DEFAULT (FIXED PRICE CONSTRUCTION) (FAR 52.249-10).

In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) for temperature, precipitation and wet ground conditions 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. Also considered in the chart below was wind, fog, high or low tides, etc.

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

11 6 7 4 4 6 6 4 4 2 4 8

(c) Upon receipt of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), and shall be calculated chronologically from the first to the last day of each month, and shall be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in

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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 November 2014 edition of EM 385-1-1. The current document can be found at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM _385-1-1.pdf

(a) Mishap Reporting and Investigation. Refer to EM 385- 1-1, Section 01.D.

Reports shall be submitted on ENG Form 3394. Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his/her representative within one working day after the accident occurs. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.

((b) Accident Prevention Plan (APP). (See the Contract Clause in Section 00700, entitled Accident Prevention (FAR 52.236-13).) Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, four copies of the Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance. The plan shall be prepared in the following format:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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(1) Executed CESO Form A-02), Accident Prevention Plan Checklist (the “fillable form” can be obtained from:

http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1- 1,%202014%20Sections/Checklists/CESO%20Checklist%20A- 02%20Accident%20Prevention%20Plan.pdf) The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A of EM 385-1-1 in the order that they are provided in the manual. If an item is not applicable because of the nature of the work to be performed, the Contractor shall state this exception and provide a justification.

(2) Activity Hazard Analysis (AHA) Form, Figure 1-2 in Section 1 “Program Management” of EM 385-1-1 (Nov 2014).

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

(4) EM-385-1-1 01.A.14 (a) requires a hazard analysis for all features of work. For this contract, these hazard analyses shall be submitted with the rest of the APP for review before work begins. Hazard analysis may be refined and resubmitted at a later date if the Contractor chooses.

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 plan. The Contractor may submit its Accident Prevention Plan only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of

EM 385-1-1.

(c) Comprehensive Hazard Communication Program. The Contractor shall develop, implement, and maintain at the workplace a written, Comprehensive Hazard Communication Program (see Section 06.B.01 of EM 385-1-1) that includes identification of potential hazards as prescribed in 29 CFR Part

1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, 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 Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf http://www.usace.army.mil/Portals/2/docs/Safety/EM%20385-1-1,%202014%20Sections/Checklists/CESO%20Checklist%20A-02%20Accident%20Prevention%20Plan.pdf

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available to the Contractor's employees as part of its Accident Prevention Plan.

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. The inventory list and site map shall be updated monthly to assure accuracy. The Contractor shall note that “Safety Data Sheets (SDS) has replaced Material Safety Data Sheets (MSDS)” referenced in Section 06.B.01 of EM 385-1-1 meeting the criteria of the new OSHA globally harmonized system.

(d) Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite in accordance with Section 01 45

04.00 10, "CONTRACTOR QUALITY CONTROL". The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

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

(2) Locations of areas where inspections were made.

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

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

The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The sign coordinator is Mary H. Ferry@ 504.862.2000.

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

(g) 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 Plan. This plan shall be submitted to the Contracting Officer, or his/her representative, for review prior to the preconstruction conference. No separate measurement or payment will be made for the Hurricane Plan. Payment shall be distributed amongst the existing bid items. The Hurricane Plan shall include at least the following:

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(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 Contractor shall submit a method for sealing any degrassed area(s) prior to evacuation from the construction site. Sealing must be performed with equipment exerting a ground force of not less than 6.0 psi.

If a dozer is used to seal the embankment, it shall not weigh less than 20,000 lbs. Initial passes shall be parallel to the levee centerline, and the final pass shall be perpendicular to the levee centerline. Sealing equipment shall remain on site at all times between 01 June and 30 November.

(h) 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.

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

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

(k) The SSHO shall;

(1) be a full-time responsibility. The SSHO shall be present at the project site, located so they have full mobility and reasonable access to all major operations during the shift.

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(2) be an employee other than the supervisor, unless specified differently in the contract and coordinated with the local SOH Office, and report to a senior project (or corporate) official.

(3) as a minimum, must produce a copy of their instructor-signed OSHA 30-hour training card (or course completion if within ninety (90) days of having completed the training and card has not been issued). They will have completed:

a. the 30-hour OSHA General Industry Safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone) or

b. the 30-hour OSHA Construction Industry safety class (may be web-based training if the student is able to directly as questions of the instructor by chat or phone or

c. as an equivalent format construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 (see Appendix A, paragraph 3.d.(3)) applicable to the work to be performed and given by qualified instructors. The class may be web-based training if the student is able to directly ask questions of the instructor by chat or phone.

(4) have proof of employment for

a. five (5) years of continuous construction industry safety experience/managing general construction (managing safety programs or processes or conducting hazard analyses and developing controls), or

b. five (5) years of continuous general industry safety experience in supervising/managing general industry (managing safety programs or processes or conducting hazard analyses and developing controls), or

c. if the SSHO has a Third (3d) party, Nationally Accredited (ANSI or National Commission for Certifying Agencies – NCCA) SOH-related certification, only four (4) years of experience is needed. See Appendix Q for list of certifications.

d. maintain competency through having taken eight (8) hours of documented formal, on-line, or self-study safety and health related coursework every year.

(l) Flagmen Service. The Contractor shall furnish flagging services at all times that trucks are hauling during the course of this contract. The use of one or more

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flagmen is necessary for control of truck-hauling traffic entering and exiting the construction site at all access points. The flagmen shall wear a specially designed, high visibility-orange and reflective white vest. The flagmen’s sign shall be octagonal, at least 15-inches across, mounted on a short handle, with the word “STOP” printed in bold white letters at least 5-inches high with a red background. The sign may be fabricated from sheet metal or other lightweight, semi-rigid material.

4. INSPECTOR'S FIELD OFFICE

(a) The Contractor shall furnish, throughout the contract period, for the exclusive use of the Government employees, a temporary waterproof building, or trailer, to be utilized as a field office. It shall be conveniently located at the site of construction and shall be independent of any building, or trailer, used by the Contractor. Toilet facilities and potable water, including bottled water with water cooler, shall be provided within the Inspector's office. It shall be equipped with approved electrical wiring, private telephone service, a telephone answering machine, a fax / scanner/ copier / printer type machine. It shall be equipped with ceiling lamp receptacles, double convenience outlets, and the required switches and fuses, to provide 110-volt power for lighting and operating a laptop computer and printer. It shall be equipped with an air conditioning unit to provide cooling in warm or hot weather, and a heater, properly installed and vented in accordance with the National Fire Protection Association Code, for heating in cold weather, as required. The Contractor shall make the necessary arrangements to obtain or to generate the power required to operate the air conditioning unit, lights, and laptop computer and printer, and the power or fuel required for the heater, and shall bear the cost thereof.