W912P823B0041 Specifications.pdf

01100-a Ed 22-031

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 8

5. PROJECT SIGN 9

6. RIGHTS-OF-WAY 10

7. CERTIFICATES OF COMPLIANCE 11

8. ENVIRONMENTAL LITIGATION 11

9. UTILITIES AND IMPROVEMENTS 12

10. HOURS OF WORK 12

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE 12

12. STONE SOURCES 13

13. SIGNAL LIGHTS 14

14. FORMAT OF SURVEYS 14

15. BENCHMARK VERIFICATION SURVEYS 15

16. REQUIRED INSURANCE SCHEDULE 17

17. COMMERCIAL WARRANTY 17

18. ACCESS PLAN 17

19. PAYMENT FOR MATERIALS STORED OFFSITE 18

20. FIELD VERIFICATION OF UTILITY LOCATIONS 18

21. SECURITY 18

22. VIDEO AND PHOTOGRAPHIC DOCUMENTATION 19

23. SECURITY REQUIREMENTS 20

24. SITE VISIT 21

25. SPECIAL WORK REQUIREMENTS 21

26. WORK RESTRICTIONS 23

27. JOINT RISK MANAGEMENT 24

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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.

(3) Mississippi River stages rise after cofferdams are installed resulting in the Contractor being directed to flood the unwatered cofferdam(s) or directed to demobilize from the work site.

(b) The following schedule of monthly anticipated adverse weather delays is based upon data collected by the Louisiana Office of State Climatology 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. The adverse weather days apply to rain, fog, high winds, high/low tides, hail, lightning, and high/low temperatures as indicated on the Weather Data Sheet and will be used by the Government to record weather during construction.

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

(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.

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(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 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 job prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or job 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 https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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

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

(b) Accident Prevention 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

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Contracting Officer for review and acceptance. The plan shall be prepared in the following format:

(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)

(2) Activity Hazard Analysis (AHA) Form, Figure 1-2 in Section 1 “Program Management” of EM 385-1-1 (attached at the end of this section). 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.

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

(4) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be included on MVN Form 385-10 (Latest Edition), Fuel Oil Transfer (attached at the end of this section), (Refer to

33 CFR 156).

(5) EM-385-1-1 01.A.14, subparagraph (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 not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the Accident Prevention 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 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

01100-4 Ed 22-031 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 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 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 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 Timothy Lacoste @ 504-862-2663.

(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) Temporary Haul Roads. Whenever practical, one-way haul roads shall be used on this contract. Temporary Haul roads built and maintained for this work shall comply with the following:

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(1) One-way haul roads for off-the-road equipment; e.g., belly dumps, scrapers, and off-the-road trucks shall have a minimum usable width of 25-feet. One-way haul roads for over-the- road haulage equipment only (e.g., dump trucks, etc.) may be reduced to a usable width of 15-feet.

When the Contracting Officer determines that it is impractical to obtain the required width for one-way haul roads (e.g., a road on top of a levee), a usable width of not less than 10-feet may be approved by the Contracting Officer, provided a positive means of traffic control is implemented. Such positive means shall be signs, signals, and/or signalmen and an effective means of speed control.

(2) Two-way haul roads for off-the-road haulage equipment shall have a usable width of 60-feet. Two-way haul roads for over-the-road haulage equipment only may be reduced to a usable width of 30-feet.

(3) Temporary haul roads shall be graded and otherwise maintained to keep the surface free from potholes, ruts, and similar conditions that could result in unsafe operation.

(4) Grades and curves shall allow a minimum sight distance of 200-feet for one-way roads and 300-feet for two-way roads. Sight distance is defined as the centerline distance an equipment operator (4.5-feet above the road surface) can see an object 4.5-feet above the road surface.

When conditions make it impractical to obtain the required sight distance (e.g., ramps over levees), a positive means of traffic control shall be implemented.

(5) Dust abatement shall permit observation of objects on the roadway at a minimum distance of 300-feet.

(6) Temporary haul roads shall have the edges of the usable portion marked with posts at intervals of 50-feet on curves and 200-feet maximum elsewhere. Such markers shall extend 6-feet above the road surface and, for nighttime haulage, be provided with reflectors in both directions.

(h) Safety Fence. The Contractor shall provide, erect, and maintain a temporary safety fence around the limits of work. The fabric for the safety fence shall be zinc coated hog wire mesh at least 47 inches high. Posts shall be steel T-posts and shall be at least 6 1/2 feet long. Posts shall extend at least 48 inches above ground and shall be spaced at 10 feet on center. Swing gates shall be at least 12 feet wide by 47 inches high. The swing gate frame shall be fabricated of either 1-3/8-inch O.D. tubular steel, or 1/4-inch angle iron brace with an adjustable brace wire to prevent sagging. Gates shall be fitted with hinges and shall be supported by 1-3/8- inch O.D. tubular steel posts embedded in 3-feet of concrete. The fabric from the gates shall be the same as that for the fence. All gates shall be closed and padlocked at the end of each work day. When

01100-6 Ed 22-031 necessary, an owner of a facility located within the limits of work will obtain keys from the levee district. The Contractor shall provide and maintain on the fence "NO TRESPASSING" signs every 100 feet facing out from the work. Details of the safety fencing and location shall be submitted to the Contracting Officer for approval. No separate measurement or payment will be made for this work.

Payment for all work associated with the safety fence shall be distributed amongst the existing bid items.

(i) Means of Escape for Personnel Quartered, or Working on Floating Plant.

Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes.

Where nine or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24-inches by 36-inches), which leads to a different exit route. Refer to Section 19 of EM 385-1-1.

(j) Emergency Alarms and Signals.

(1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck.

(2) Signals.

(a) Fire Alarm Signals. The general fire alarm signal shall be in accordance with 46 CFR Ch. I; Subpart E.109.503 of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Sub-Chapter I & Ia.

(b) Abandon Ship Signals. The signal for abandon ship shall be in accordance with paragraph 109.503(b) of the reference cited in subparagraph (2)(a) above.

(c) Man-Overboard Signal. Hail and pass the word to the bridge.

All personnel and vessels capable of rendering assistance shall respond.

(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

01100-7 Ed 22-031 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:

(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.

(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.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.

(n) Site Safety and Health Officer (SSHO). The Contractor shall have a qualified Site Safety and Health Officer (SSHO) on the construction site at all times that work is being performed to manage the Contractor’s Accident Prevention Plan.

The SSHO shall be a full-time responsibility and shall have no other duties (see EM 385-1-1, paragraph 01.A.17). The person(s), as a minimum, shall have completed the 30-hour OSHA Construction Industry Safety Class (may be web based training if the student is able to directly ask questions of the instructor by chat / phone) or an equivalent course (see Appendix A, paragraph 3.d.(3))

01100-8 Ed 22-031 applicable to the work to be performed, and given by a qualified instructor. Such training shall have been completed within the last three (3) years. SSHO’s shall maintain competency through taking 8 hours of documented formal, on-line, or self-study safety and health coursework every year. For projects with multiple shifts, an alternate SSHO shall be assigned to assure coverage of the project during all working hours. Alternate SSHO’s (as listed in the Contractor’s APP) must meet the same requirements as the primary SSHO. Alternate SSHO’s may hold other positions when not functioning as an SSHO.

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 / copier / printer machine. It shall be equipped with ceiling lamps, 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. A drafting table providing a working surface having dimensions of at least 4-feet by 6-feet (which may consist of a piece of plywood, at least 3/4-inch thick, hinged to a wall of the building with hinged legs) shall be installed in the building. The building shall have a built-in locker, extending from the floor to the ceiling, having dimensions of at least 2- feet by 5-feet, with a shelf 12-inch from the top, and one door equipped with two hinges, a hasp and a padlock. All exterior doors and window frames of the building shall be equipped with iron security guards. The door shall also be equipped with butt hinges and a cylinder lock. Two strong chairs and two desks shall be provided. The building or trailer shall conform to the following minimum requirements:

Ceiling height, not less than 6-feet 9-inches Floor space, no less than 480 square feet

Windows, not less than 4

Doors, outside 2

Rooms 3

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Ceiling lamp receptacles 3

Double convenience outlets 3

Screens over windows; walls and ceilings shall be insulated; and interior walls finished.

(b) The building, or trailer, shall be removed by the Contractor after completion of all work under this contract and before final acceptance thereof. No separate payment will be made for furnishing, maintaining, providing the prescribed utilities, and removing the inspector's field office, but the cost of the same shall be distributed throughout the existing bid items. In the event the Contractor fails to furnish the required facilities, the Government may elect to procure the required facilities and deduct all costs from amounts due or to become due under this contract.

(c) The Contractor shall provide daily janitorial services for this and other buildings at the site throughout the life of the contract. The cost of this service shall be distributed throughout the existing bid items and there shall be no separate payment.

(d) The Contractor shall provide the inspector’s field office with a hard line broadband high speed internet service and associated equipment for the exclusive use of the Government. If this service is not practical at the jobsite, the Contractor may instead provide the inspector’s field office with a cellular wireless Broadband / WiFi 802.11n capable router that accepts cellular data signals through Express Card / Air Card or USB modems. This service must be capable of providing adequate connection to allow the inspectors to import/export files through RMS. The Contractor must field verify that the service provider chosen has adequate continuous coverage at the construction site. This service shall provide a minimum download speed of 10 Mbps and a minimum upload speed of

1.5 Mbps. The Contractor shall be responsible for the installation, the maintenance of, and the monthly service fees necessary to provide continuous high speed internet service for the duration of the contract.

(e) The Government and Contractor’s field offices shall be placed within the location and limits of the Government environmentally cleared right of way (ROW) or Limits of Construction (LOC).

5. PROJECT SIGN

Prior to commencement of work, the Contractor shall construct a project sign at the site of the work at a location directed by the Contracting Officer. The sign, which will identify the work with the Corps of Engineers shall be 4 feet by 6 feet in size and shall conform to the requirements of the PROJECT SIGN drawing and installation instructions attached at the end of this section. The lettering for the 2 feet by 4 feet

01100-10 Ed 22-031 section of the sign with the Corps logo and Army Star shall be white; all other lettering shall be black. Lettering for the project name shall be Helvetica Bold, all other lettering shall be Helvetica Regular. The sign coordinator is Timothy Lacoste @ 504- 862-2663. No separate payment will be made for construction and erection of the project sign and all costs in connection therewith will be considered an incidental obligation of the Contractor. Upon completion of the work, the sign shall become the property of the Contractor and shall be removed from the job site.

6. 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.

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

01100-11 Ed 22-031 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 ($100,000.00) 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 responsibility for complying with other Federal, state or local licenses and permits.

7. 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.

8. ENVIRONMENTAL LITIGATION

(a) 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.

(b) 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 above, 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

01100-12 Ed 22-031 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.

9. UTILITIES AND IMPROVEMENTS

(a) All known utilities within the limits of the work, such as pipes, communication lines, power lines, etc., that would interfere with construction work will be removed, modified or relocated by local interests or utility companies at no cost to the Contractor unless otherwise noted in the plans and/or specifications. The Contractor, however, shall cooperate with the authorities or company representatives and shall conduct his/her operations in such manner as to result in a minimum of inconveniences to the owners of said utilities. The Contractor shall notify each utility owner by certified mail 45 days, 15 days, and again 72 hours prior to the date utilities must be moved and provide a copy of these notifications to the Contracting Officer.

(b) Any unidentified pipes or structures which may be found within the limits of the work during the course of construction shall not be disturbed nor shall construction or excavation be performed at these locations unless and until approved by the Contracting Officer.

10. HOURS OF WORK

Since work is being performed during a period of low water and completion of the work is considered critical, the Contractor shall work 24 hours per day, 7days per week. Adequate lighting for safe operations and thorough inspection of night operations shall be provided by the Contractor at his/her own expense.

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This clause does not apply to terminations.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or Subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineering Pamphlet (EP) 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region III. Working

01100-13 Ed 22-031 conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

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

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the Contracting Officer will request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate.

(End of Clause)

NOTE: A copy of the “EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE” for Region III can be obtained from the following website: EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule (Region III) Volume 3 (army.mil) .

12. STONE SOURCES

(a) On the basis of information and data available to the Contracting Officer, stone meeting the quality requirements of these specifications has been produced from the listed stone sources attached at the end of this section.

(b) Stone may be furnished from any of the listed STONE SOURCES (attached at the end of this section), or at the option of the Contractor may be furnished from any other source designated by the Contractor and accepted by the Contracting Officer, subject to the conditions hereinafter stated.

(c) The Contractor shall determine that the stone source or combination of sources selected is capable of supplying the quantities and gradation needed and at the rate needed to maintain the scheduled progress of the work.

(d) After the award of the contract, the Contractor shall designate in writing only one source or one combination of sources from which he/she proposes to furnish stone. If the Contractor proposes to furnish stone from a source not listed in https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EP%201110-1-8%20Vo3%20.pdf?ver=Qwvxzp4tewv_5AXbIbuNTQ%3d%3d https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EP%201110-1-8%20Vo3%20.pdf?ver=Qwvxzp4tewv_5AXbIbuNTQ%3d%3d

01100-14 Ed 22-031

STONE SOURCES (attached at the end of this section) , he/she may designate only a single additional source for stone. Samples for acceptance testing shall be provided as required by Section 32 15 00.01 12 Surfacing. If a source for stone so designated by the Contractor is not accepted for use by the Contracting Officer, the Contractor may not propose other sources but shall furnish the stone from a source listed in STONE SOURCES (attached at the end of this section) at no additional cost to the Government.

(e) The listings of the names of the stone suppliers does not constitute an endorsement of such companies. Acceptance of a source of stone is not to be construed as acceptance of all material from the source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials are unsuitable for stone as determined by the Contracting Officer.

Materials produced from a listed or unlisted source shall meet all requirements of Section 32 15 00.01 12 Surfacing.

13. SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his/her operations in accordance with U. S. Coast Guard regulations governing lights and day signals to be displayed, as set forth in Commandant, U. S. Coast Guard Instruction M16672.2C, Navigation Rules, International - Inland (COMDTINST M16672); 33 CFR 81, Appendix A (International); and 33 CFR 84 through 33 CFR 90 (Inland) as applicable.

14. FORMAT OF SURVEYS

a. The Contractor shall submit compliance surveys upon completion of certain construction activities. The survey shall be collected in accordance with the “USACE New Orleans District Minimum Survey Standards” and delivered in USACE EM Format as described in “Engineering Manual File Format Specifications”. Links to these documents are shown below:

http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingG uidelines.aspx http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_For mat15.pdf

b. Each surveyed point should be listed on a separate line as a comma-delimited list of the following:

(1) Point ID, northing, easting, elevation, code

(2) Surveyed points that are part of a profile shall be grouped under the appropriate #P01 record for that profile.

http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingGuidelines.aspx http://www.mvn.usace.army.mil/Missions/Engineering/SurveySection/SurveyingGuidelines.aspx http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_Format15.pdf http://www.mvn.usace.army.mil/portals/56/docs/engineering/Geospatial/EM_Format15.pdf

01100-15 Ed 22-031

(3) Surveyed points that are part of a cross-section shall be grouped under the appropriate #X01 record for that cross-section.

(4) All other points shall be grouped under the appropriate #M01 record.

c. Each Project Control Point (PCP) shall be included as #V/#T records with the surveyed elevation #V/T06, and vertical datum and epoch information. Absolute vertical and horizontal accuracies shall be shown in the #H03 and #H17 records.

The USACE Survey Drivers shall be used to check for proper formatting.

http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACE SurveyDrivers.aspx

d. A survey report shall be submitted which includes a brief synopsis of the survey methodology (traverse run, level loops, GPS). Copies of all supporting field books shall be signed and sealed by a Licensed Surveyor registered in the state in which the work is being performed. If static GPS is collected, minimally and fully constrained GPS adjustment reports must be submitted as well as any other notes, reports, raw data, and supporting documentation.

e. All surveys shall adhere to the requirements of the “USACE New Orleans District Minimum Survey Standards” and be performed by a licensed surveyor registered in the state in which the work is being performed. The point of contact for survey information is Dwayne Blanchard @ 504.862.1589.

15. BENCHMARK VERIFICATION SURVEYS

a. Project Control Points. For purposes of vertical control, Project Control Points may be referred to as Project Benchmarks. Project Control Points located at the project site may be used as Local Project Control Points and referred to as Site Benchmarks. To ensure local / internal consistency, the Contractor shall verify all Project Benchmarks and Site Benchmarks using differential leveling following Section J of the “USACE New Orleans District Minimum Survey Standards”. All benchmarks serve as vertical control for the entire project. The benchmark verification survey shall constrain to the Primary Benchmark as shown on the drawings. The differential levels must be to Second Order Class II closure standards, as defined in Appendix 4 of the Minimum Survey Standards, and as follows: closure error (in feet) must be less than or equal to 0.035 x √(distance in miles). Significant closure error (any random error whose magnitude would affect the final elevation of benchmarks when significant digits are considered) shall be distributed through all benchmarks (Project Benchmarks and Site Benchmarks) according to their relative distance along the loop. Verification of all benchmarks shall be performed within 14 days of receipt of the Notice to Proceed and at least every 6 months using differential leveling.

http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACESurveyDrivers.aspx http://www.mvn.usace.army.mil/Missions/Engineering/GeospatialSection/USACESurveyDrivers.aspx

01100-16 Ed 22-031

b. Site Benchmarks. At all established hurricane protection, flood control, shore protection, and navigation projects, three permanent site benchmarks (new or existing) shall be identified/established at the immediate work site (situated as nearly as practicable at the middle and at each end of the project) and referenced to the applicable required epoch of NAVD88. Site Benchmarks are Local Project Control Points provided on the drawings or monuments set by the Contractor according to EM 1110-1-1002, Survey Markers and Monumentation.

Site Benchmarks set by the Contractor are limited to types A, B, C, F, or G as described in Chapter 3 of EM 1110-1-1002 and the type and location must be approved in advance by the District Datum Coordinator (DDC). Vertical positioning for all construction activities shall be constrained to a Project or Site Benchmark. To obtain pre-approval for a proposed Site Benchmark, the Contractor shall submit the following to the Contracting Officer’s representative (COR): the approximate proposed x, y position; the type of monument; and 5 photos of the proposed location: 1 of the proposed site, and 4 photos taken from the proposed site facing in 4 cardinal directions.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals /EM_1110-1-1002.pdf

c. Survey Report. The benchmark verification survey data shall be submitted in a Survey Report signed and sealed by a Licensed Surveyor registered in the state in which the work is being performed. The survey report shall be updated and submitted with each benchmark verification survey. The survey report shall include a table of all Project and Site Benchmark measurements and all previous benchmark verification measurements for comparison purposes. The report shall include a graphic that shows the approximate positions of all control points, the route of the differential level loop, and the approximate distances between control points. The report shall include clear, legible field notes that show the daily “Two-Peg Test”, all measurements and calculations, and the closure error for each closed loop. Any raw data such as digital level pre or post-processing reports should be included. Each level loop shall be reviewed and initialed in the field book by a person independent of the field crew performing the level loop.

Only the field notes for the current benchmark verification survey should be included in each report.

d. Submittals. Survey Reports of the benchmark verifications shall be submitted to the Contracting Officer’s Representative (COR) in electronic format via RMS- CM within 7 days of the completion of the benchmark verification. If the file is too large to submit via RMS-CM, contact the COR for alternate methods. The COR shall be notified immediately if any errors or inconsistencies in the benchmark verifications are found. The Survey Report of the first benchmark verification survey must be received within 14 days of receipt of the Notice to Proceed or as required by the COR.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-1-1002.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-1-1002.pdf

01100-17 Ed 22-031

16. REQUIRED INSURANCE SCHEDULE

The Contractor and subcontractor shall procure and maintain during the entire period of this performance under this contract the following minimum insurance.

(a) Employer's Liability Insurance. The Contractor shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

(b) General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy.

(c) Automobile Liability Insurance. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per accident for property damage. This insurance shall cover the operation of all automobiles used in performance of the contract. All vehicles to be used in the performance of this contract shall be expressly designated in the insurance policy. A copy of the list of such vehicles shall be submitted to the Contracting Officer. In the event that the Contractor acquires a new vehicle for use on this contract after his/her insurance policy has been obtained, he/she shall immediately amend his/her policy to reflect the inclusion of the new vehicle on the policy. In no event shall the Contractor drive a vehicle on the Government installation without first obtaining the required coverage for said vehicle.

17. 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.

18. ACCESS PLAN

The Contractor shall submit an Access Plan to be reviewed and approved by the Contracting Officer to include, as a minimum, the following:

(a) Layout drawings showing the location of all equipment, office structures, toilets, and storage areas for materials.

(b) Show mobilization and demobilization routing and locations of large equipment, such as marine equipment, barges, draglines, cranes, etc. while on the jobsite.

01100-18 Ed 22-031

(c) Show waterway channels or canals used to mobilize and demobilize equipment and materials and show access routes and docking areas of all marine equipment with respect to the jobsite.

19. PAYMENT FOR MATERIALS STORED OFFSITE

Pursuant to the FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making progress payments if included in invoices for payment estimates and if all the conditions of the Contract Clauses are fulfilled. Payment for items delivered to locations other than the work site shall be limited to materials that have been approved (if required by the Technical Specifications) and fabricated to the point where they are identifiable to an item of work required under this contract. Such payment shall be made only after receipt of paid or receipted invoices or invoices with canceled check showing title to the items by the prime contractor. These invoices must show the dollar value of the materials and labor incorporated into them. The delivery size shall be acceptable to the Government and the materials shall be available for inspection by the Government prior to any consideration for payment. Refer to FAR clauses 52.232-5 Payments Under Fixed-Price Construction Contracts, 52.245-2 Government Property and 52.236-7 Permits And Responsibilities regarding the contractor’s retention of risk and liability for any loss or damage prior to incorporation of materials into the permanent work and acceptance. Payment for materials delivered offsite is limited to the following items: unwatering cofferdams and appurtenant items, needle dams, bulkheads.

20. FIELD VERIFICATION OF UTILITY LOCATIONS

Documentation on the exact locations of various underground utilities is not available except as shown in the reference drawings. In particular, the exact locations of water service and septic system field lines are not precisely known.