W912P823B0064 Advertisement Specs for Comite River Diversion Channel Reach 1_Ed 20-003.pdf
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- Attached to
- COMITE RIVER DIVERSION CHANNEL REACH 1 Federal contract opportunity
- Solicitation number
- W912P823B0064
About this file
This advertisement solicits proposals for construction services related to Comite River Diversion Channel Reach 1. The solicitation is issued by the Department of the Army Corps of Engineers Engineering District New Orleans under number W912P823B0064. Services required include construction of interim protection measures including gap closures at Pump Station #3. The selected contractor will be expected to provide all necessary labor, materials, equipment and supervision to complete the scope of work, which includes installation of sheet piles, riprap, and other flood protection features. Proposals are due by the specified response date, with award anticipated on the listed date. Pricing shall be on a firm-fixed price basis. There is no set-aside designated for this project.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| W912P823B0064 FINAL Bid Abstract Bids 1-6 crz rev1a.pdf | ||
| W912P823B0064 FINAL Bid Abstract Bids 1-6 crz.pdf | ||
| W912P823B00640003 FINAL Drawings only.pdf | ||
| W912P823B00640003 FINAL SF30 only.pdf | ||
| W912P823B00640002 FINAL SF30 9-6-23.pdf | ||
| W912P823B00640001 FINAL SF30 8-21-23 and Drawings.pdf | ||
| 20230713-W912P823B0064_Plans 5.pdf | ||
| 20230713-W912P823B0064_Plans 2.pdf | ||
| 20230713-W912P823B0064_Plans 3.pdf | ||
| 20230713-W912P823B0064_Plans 1.pdf | ||
| 20230713-W912P823B0064_Plans 4.pdf | ||
| W912P823B0064 FINAL Solicitation w-o Specs - Plans 8-9-23.pdf |
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Text version
01100-a ED 20-003
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. CERTIFICATES OF COMPLIANCE 10
8. ENVIRONMENTAL LITIGATION 10
9. UTILITIES AND IMPROVEMENTS 11
10. PERMISSIBLE WORK HOURS 18
11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE 18
12. STONE SOURCES 19
13. PROJECT BENCHMARKS 20
14. ACCESS PLAN 20
15. EXISTING FACILITIES 20
16. DAMAGED STRUCTURES AND ROADWAYS 22
17. MAINTENANCE MOWING 22
18. FIELD VERIFICATION OF UTILITY LOCATIONS 22
19. VIDEO AND PHOTOGRAPHIC DOCUMENTATION 23
20. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS 23
21. COORDINATION WITH LOCAL INTERESTS 23
22. AVAILABILITY/ USE OF UTILITY SERVICES 24
23. SECURITY REQUIREMENTS 24
24. JOINT RISK MANAGEMENT 25
01100-1 ED 20-003
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 Clause in Section 00700 CONTRACT CLAUSES, 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 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 12 8 9 5 5 5 5 4 4 3 4 10
(c) Upon receipt of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily Contractor Quality Control (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
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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 Clause in Section 00700 CONTRACT CLAUSES, 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 Clause in Section 00700 CONTRACT CLAUSES 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 Clause in Section 00700 CONTRACT CLAUSES 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 30 Nov 2014 edition of EM 385- 1-1. Safety will be in compliance with this referenced Corps of Engineers Safety Manual. This latest edition can be located on the following website:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM _385-1-1.pdf
Use of appropriate safety equipment is mandatory and not limited to hard hats, safety vests, and safety-toed boots. Any personnel not wearing proper personal protective equipment (PPE) shall be removed from the jobsite until PPE compliance has been established. The Contractor is responsible for daily clean up and complete restoration of the area once the contract is complete.
(a) Mishap Reporting and Investigation. Refer to EM 385- 1-1, Section 01.D.
Accidents shall be investigated, and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his/her representative within one (1) working day after the accident occurs. All data reported must be complete, timely and accurate on ENG Form 3394. A
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follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.
(b) Accident Prevention Program (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:
(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) (Attached at the end of this section).
(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 (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 Activity Hazard Analysis (AHA) 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
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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 385-01-01) 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, an 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 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. 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 were indicated by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing included at the end of these General Provisions. The lettering shall be black, the castle red, green safety circle and cross, and the background white. Upon request, the Government will furnish two (2) decals of the engineer castle. 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
01100-5 ED 20-003
work. The data required shall be current. No separate payment will be made for construction and erection of the safety sign and all costs in connection therewith will be considered an incidental obligation of the Contractor.
(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) Haul Roads. Whenever practical, one-way haul roads shall be used on this contract. Haul roads built and maintained for this work shall comply with the following:
(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. Phase(s) of construction underway during the inspection.
(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) 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) 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.
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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 perimeter of the project along the right-of-way line. The Contractor shall remove the safety fence upon completion of work. The fabric for the safety fence shall be zinc coated hog wire mesh at least 47 inches high.
Posts shall be round wood posts (3 1/2 inches in diameter and may be untreated) (or steel T-posts), and shall be at least 6 1/2 feet long, 3 1/2 inches in diameter, and may be untreated. 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 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. The Contractor shall maintain the safety fence including weed-eating and/or spraying to control weed growth. No measurement will be made for the safety fence.
Payment for all work associated with the safety fence will be made at the contract job price for “Safety Fence”. Price and payment will constitute full compensation for furnishing all plant, labor, materials, and equipment for installation of the safety fence, including its removal, maintenance, and other work incidental thereto.
(i) Equipment Operator Authorization. The Contractor shall submit a list of designated personnel qualified and authorized to operate machinery and mechanized equipment in accordance with Section 16 of EM 385-1-1.
(j) Site Safety and Health Officer (SSHO). The Contractor shall always have a qualified Site Safety and Health Officer (SSHO) on the construction site that work is being performed to manage the Contractor’s Accident Prevention Plan. The SSHO shall be a full-time position with the SSHO having no other duties than Contractor Safety management (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)) 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
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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.
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 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
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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).
(f) The Contractor shall provide a 4x4 vehicle (Kubota RTV 900 or equal) for exclusive use by the Government. All maintenance and fuel requirements for the 4x4 vehicle during the length of the contract shall be the responsibility of the Contractor. All costs associated with furnishing and maintaining the 4x4 vehicle shall be distributed amongst the bid items.
5. PROJECT SIGN
Prior to commencement of work, the Contractor shall construct and erect two (2) Corps of Engineers project signs at the site of the work at locations directed by the Contracting Officer. The signs that will identify the work with the Corps of Engineers shall be 4 feet by 6 feet in size and shall conform to the guidelines set in USACE ECB 2020-1 regarding the Army Star requirements for the PROJECT SIGN drawing and installation instructions attached at the end of this section. The sign shall include the Army Star logo. The lettering for the 2 feet by 4 feet section of the sign with the Corps logo and Army Star shall be white, all other lettering shall be black. Lettering for the
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project name shall be Helvetica Bold, all other lettering shall be Helvetica Regular.
The sign coordinator is Timothy Lacoste @ 504.862.2663 and timothy.m.lacoste@usace.army.mil. No separate payment will be made for construction and erection of the Corps of Engineers project and safety signs. All costs in connection therewith will be considered an incidental obligation of the Contractor. Upon completion of the work all signs, 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 calendar days for approval by the Government. The Government must review, approve, and ensure
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distribution of all environmental compliance documentation and ensure all comments on the same have been resolved before any utilization of any areas outside of the Government furnished rights-of-way. The Contractor shall reimburse the Government for actual expenses incurred for assistance in completing or attempting to complete additional environmental coordination and documentation, which expenses will not exceed one hundred thousand ($100,000.00) 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
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contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer under the Clause in Section 00700 CONTRACT CLAUSES, 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 shall be removed, modified, or relocated by the appropriate utility at no cost to the Contractor unless otherwise noted in the plans and/or specifications. The Contractor shall cooperate with the authorities or company representatives and shall conduct his 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 from the subsequent lists below (City of Zachary, DEMCO, East Baton Rouge Sewerage Commission, AT&T, Century Link, Cox, Shell, Exxon, ORX, Marathon, Energy Transfer) by certified mail 45 days, 15 days, and by telephone 72 hours prior to the date utilities need to be moved or when work is to be performed in the vicinity of the utility. The Contractor shall provide a copy of these notifications to the Contracting Officer. All work shall comply with do-not-disturb requirements stated herein. No facility subject to such a requirement may be disturbed nor required to be moved, nor may construction or excavation be performed at these locations, unless and until approved by 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.
(c) Notices to Owners and Authorities. The Contractor shall notify owners (City of Zachary, DEMCO, East Baton Rouge Sewerage Commission, AT&T, Century Link, Cox, Shell, Exxon, ORX, Marathon, Energy Transfer ) of utilities when prosecution of the work may affect them. Notices shall conform to any applicable local ordinance and, whether delivered orally or in writing, shall include appropriate information concerning the interruptions and instructions on how to limit their inconvenience. Utilities and other concerned agencies shall be contacted at least 48 hours (excluding Saturdays, Sundays, and legal holidays) prior to cutting or closing streets or other traffic areas or excavating near underground utilities or pole lines.
(d) Electric Transmission and Distribution Lines (DEMCO). While constructing the project, the Contractor will be working near, and under DEMCO overhead
01100-12 ED 20-003
power lines. The Contractor shall contact DEMCO prior to start of construction to coordinate all construction work with DEMCO in order to ensure safety.
(1) The Contractor shall maintain a minimum distance from all power lines as required by NEC and EM 385-1-1. Contractor shall be responsible for determining the maximum height and reach attainable by any part of any piece of equipment, and after coordinating with DEMCO to determine the height and location of the power line, shall determine if the required clearance will be violated. The Contractor shall not work within the required clearance of the lines unless the lines are de-energized. If the clearance will be violated, prior to beginning any operations in the area, the Contractor shall coordinate with DEMCO to de-energize the line. If the line is to be de-energized but is to remain in place, rather than being removed, the Contractor shall establish a procedure with DEMCO to ensure that the Contractor shall have sufficient notice to allow removal of all equipment which may violate the required clearance from the area prior to the line being re-energized. These procedures and requirements shall also apply to any buried power lines.
(2) It shall be the Contractor's sole duty and responsibility to provide for the safety of his/her men, equipment, subcontractors, and the general public during operations in the vicinity of overhead and underground power lines;
and to assure that all of his/her operations and those of his employees and subcontractors comply with OSHA, EM 385-1-1, the National Electric Safety Code, and all applicable Parish, State and Federal codes and regulations.
(e) Contractor shall contact Louisiana One Call prior to mobilization at 1-800-273- 3020.
(f) The Contractor shall construct timber mat bridges wherever the haul road(s) traverse existing S-1 crossings to prevent damage to and subsidence of the utility. The Contractor shall design and submit to the utility owner and the Contracting Officer for approval of any proposed timber mat bridges. The bridge design shall be stamped by a licensed professional engineer in Louisiana.
Submittal requirements are as follows:
(1) Design calculations.
(2) Shop Drawings. A detailed layout of the proposed work platform on 22" x 34" size sheets. These shop drawings shall bear the stamp and signature of the Licensed Professional Engineer(s). These drawings shall clearly show:
a. All pertinent dimensions and locations of these structures.
b. Material grades, weights, lengths and designations of all sections used (timber).
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c. Connection details.
d. Plan and layout view showing location of bridges and permanent features of work.
e. Any other items incidental or significant to this work.
The licensed professional engineer shall establish allowable load limits for the timber bridges. Bridge design calculations shall include designs for all members and shall account for the worst-case loading for each member. No separate measurement and payment will be made for timber mat bridges. Payment will be included in the contract job or unit price for which the work is incidental thereto.
(g) The utility dispositions and contacts are as shown below.
1. ITEM G1- City of Zachary 2” PE Gas ITEM W1- City of Zachary 8” PVC Waterline
DISPOSITION: G1 and W1 will be cut/capped north and south of the Diversion Channel and will be abandoned by owner concurrent with construction. The existing abandoned portions of G1 and W1 within project ROW shall be removed by the Contractor.
Mr. Wade Holden City of Zachary P.O. Box 310 4700 Main Street Zachary, LA. 70791 Cell: 225-223-0915 Email: Wade.Holden@cityofzachary.com
Mr. Jeff Johnson City of Zachary P.O. Box 310 4700 Main Street Zachary, LA 70791 Phone: 225-654-0201 Cell: 225-445-4992 Email: jeff.johnson@cityofzachary.org
Ms. Bianca Hillhouse City of Zachary (Consultant) P.O. Box 310 4700 Main Street Zachary, LA 70791 Phone: 225-769-2810
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Cell: 225-228-5067 Email: bhillhouse@pecla.com
2. ITEM S1– East Baton Rouge Sewerage Commission (EBROSCO) 48” Sewer Force Main
DISPOSITION: Utility will be relocated by Contractor concurrent with construction in accordance with contract plans and specifications. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Adam Smith City of Baton Rouge/Parish of East Baton Rouge Department of Environmental Services 222 Saint Louis Street, Suite 816 Baton Rouge, LA 70802 Phone: 225-389-4865 Cell: 225-892-1831 Email: AMSmith@brla.gov
Mr. Jacob Haffner Phone: 225-389-5744 Cell: 225-678-0514 Email: jhaffner@brla.gov
3. ITEM E1 – DEMCO - Distribution Lines
DISPOSITION: Utility shall not de disturbed.
E-2 – DEMCO - Distribution Lines
DISPOSITION: Utility will be relocated by owner concurrent with construction.
The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Matt Gibson DEMCO Electric Director of Engineering 16262 Wax Road Greenwell Springs, LA 70739 Phone: 225-262-3066 Cell: 225-436-1948 Email: mattg@DEMCO.ORG
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4. ITEM C1 and C2 – AT&T - Communication Lines
DISPOSITION: Utilities will be relocated by owner concurrent with construction.
The Contractor shall contact the owner when working in the vicinity of these items
ITEMS C8 and C9 – AT&T – Communication Lines
DISPOSITION: Do Not Disturb. The Contractor shall contact the owner when working in the vicinity of these items.
Mr. Tracy Lauvray AT&T Manager, OSP Engineering 5550 S. Sherwood Forest Blvd Baton Rouge, LA 70816 Phone: 225-367-0613 Email: TL697R@ATT.com
Douglas Dorhauer
PH: 225-347-4257
Email: dd187g@att.com
Erin France Email: eb4556@att.com
5. ITEM C5, C6, and C7 – CenturyLink/Level 3 - Communication Lines
DISPOSITION: Do not disturb. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Kyle Tostenson, CenturyLink OSP Engineer 100 CentruyLink Drive 3rd Floor TCE Building Monroe, LA 71203 Phone: 318-417-2768 Email: kyle.tostenson@centurylink.com
6. ITEM C3 – Cox Communications - Communication Lines
DISPOSITION: Utility will be relocated by owner concurrent with construction.
Cox Communications will relocate on the EBROSCO sewer utility bridge. The Contractor shall contact the owner when working in the vicinity of this item.
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Mr. Thomas Floyd Cox Communications 7401 Florida Boulevard Baton Rouge, LA 70806 Phone: 225-237-5423 Cell: 225-806-4745 Email: thomas.floyd@cox.com
7. ITEM G2 – Energy Transfer 24” Dia Steel HP Gas ITEM G3 – Energy Transfer Company 30” Dia Steel HP Gas
NOTE: The phrase, "Energy Transfer Facility", "Energy Transfer Pipeline", "Energy Transfer representative", and "Energy Transfer Company" in the requirements (1) through (5) below, refer to the Energy Transfer 24" & 30" dia.
steel HP gas pipelines.
DISPOSITION: These pipelines shall not be disturbed. However, the Contractor shall adhere to the requirements as follows:
(1) The Contractor shall provide a minimum of forty-eight (48) hour notice to Energy Transfer, prior to any installation, construction, excavation, or demolition work within the 15 feet of the easement area, the Contractor shall also call appropriate LOUISIANA ONE CALL or 811 center at least 48 hours prior to any excavation activities. The Contracting Officer’s representative will have the authority to shutdown work by the Contractor if his/her activities are judged to be unsafe by the Energy Transfer representative. The Energy Transfer representative shall be invited to participate in the Contractor’s safety meetings.
(2) Structures shall not be erected within, above, or below the pipeline easement with underground supports, foundations, or anchors.
(3) Berms or temporary spoil piles are not permitted within Energy Transfer’s rights-of-way.
(4) At no time will storage be allowed over the pipeline(s) within the Energy Transfer’s rights-of-way.
(5) No installation, construction, excavation, or demolition work shall be performed within the easement area.
Mr. Cary Farber Project Director Engineering & Construction Energy Transfer Phone: (337) 475-4218 Cell: (337) 304-8860
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Email: cary.farber@energytransfer.com
8.. ITEM G4 – Shell
DISPOSITION: Do not disturb. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. David Bergeron Shell Pipeline Co.
Sr. Land Agent & Permitting 305 E Highway 30 Gonzales, LA 70737 Phone: (225) 474-7089 Cell: (225) 937-4753 Email: D.Bergeron@shell.com
9. ITEM G5 – Exxon
DISPOSITION: Do not disturb. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Dooley Oubre ExxonMobil Pipeline Co.
ROW and Claims Agent 18440 Highland Road Baton Rouge, LA 70809 Phone: (225) 666-5664 Cell: (225) 715-9381 Email: dooley.g.oubre@exxonmobil.com
10.. ITEM G6 – Marathon
DISPOSITION: Do not disturb. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Austin Guyer Marathon Pipeline LLC Sr. Right-of-Way Specialist 10722 E County Road 300 N Indianapolis, IN 46234 Phone: (317) 473-7441 Email: aguyer@marathonpetroleum.com
01100-18 ED 20-003
11. ITEM G7 – ORX
DISPOSITION: Do not disturb. The Contractor shall contact the owner when working in the vicinity of this item.
Mr. Chris Bass ORX Resources 400 Poydras St, Suite 1100 New Orleans, LA 70130 Phone: (504) 581-1806 Email: chris@orx.com
10. PERMISSIBLE WORK HOURS
The Contractor can work up to 7 days per week and 24 hours per day. When the Contractor elects to work weekends, holidays, and nights, notice shall be given to the Contracting Officer, in writing, 36 hours in advance of commencement of such operations to permit suitable arrangements for inspections to be made. Adequate lighting for safe operations and thorough inspection of night operations shall be provided by the Contractor at his/her own expense. All truck hauling operations shall be restricted to 7 days per week between 7 a.m. and sunset. Operations requiring burning of cleared materials shall be restricted to 7 days per week between 8 a.m.
and 5 p.m.
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 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.
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(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and FAR 31.205-36, Rental Costs. 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.
NOTE 2: A copy of the “EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE” for Region III can be obtained from the following website: http://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EP 1110-1-8 Vo3 .pdf?ver=Qwvxzp4tewv_5AXblbuNTQ%3d%3d .
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 above listed sources, 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 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 35 31 19.04 12 RIPRAP AND BEDDING CONSTRUCTION. 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
01100-20 ED 20-003
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 35 31 19.04 12 RIPRAP AND BEDDING CONSTRUCTION.
13. PROJECT BENCHMARKS
(a) Benchmark And Project Temporary Benchmarks (TBM). To ensure local/internal consistency, the Contractor shall verify all project benchmarks using differential leveling in accordance with Section D of the “USACE New Orleans District Minimum Survey Standards”. The differential levels must be to Second Order Class II closure standards, as defined in Appendix 4 of the afore mentioned Survey Standards, and as follows: closure error (in feet) must be less than or equal to 0.035 x √(distance in miles). Ties between the three “project controls” identified on the drawings and the Contractor utilized temporary benchmarks shall be performed at least every 6 months using differential leveling. Field notes showing all data and the closure error shall be provided to the Government. Field records of these survey verifications shall be submitted in a survey report, which shall be updated with each periodic verification. The benchmark verification survey shall be performed, and report signed and sealed by a Licensed Surveyor.
(b) Records. Field records of these benchmark verifications shall be submitted to the Contracting Officer’s Representative in electronic format via RMS-CM and email at mvn-cd-q-testresults@usace.army.mil within seven (7) days of the completion of the benchmark verification. The Contracting Officer’s Representative shall be notified immediately if any errors or inconsistencies in the benchmark verifications are found. Field records of the first benchmark verification must be received within 14 days of notice to proceed.
14. 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 draglines, cranes, etc. while on the jobsite.
15. EXISTING FACILITIES
(a) Protection and Relocation of Existing Structures and Utilities. The Contractor shall assume full responsibility for the protection of all structures and utilities, 01100-21 ED 20-003 public or private, including poles, signs, services to building utilities, in the street, gas pipes, water pipes, hydrants, sewers, drains, and electric and telephone cables, whether or not they are shown on the drawings. The Contractor shall carefully support and protect all such structures and utilities from injury of any kind. Any damage resulting from the Contractor's negligence shall be repaired by him/her at his/her expense. (See related General Provision entitled "DAMAGED STRUCTURES AND ROADWAYS" below.)
(b) The Contractor shall bear full responsibility for locating all underground structures and utilities (including existing water services, drain lines, and sewers) as indicated on the plan drawings. Services to buildings shall be maintained, and all costs or charges resulting from damage thereto shall be paid by the Contractor.
(c) If, in the opinion of the Contracting Officer, permanent relocation of a utility owned by the Parish is required and is not indicated on the plans, he may direct the Contractor in writing, to perform the work. Work so ordered will be paid for by an equitable adjustment under the Clause in Section 00700 CONTRACT CLAUSES, entitled CHANGES (FAR 52.243-4).
(d) Care and Protection of Property. The Contractor shall be responsible for the preservation of all public and private property and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at his/her expense, to a…
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