Attachment 1 Calcasieu Dredge Miles 17-36_Specifications.pdf

PTC-i ED 25-012

PROJECT TABLE OF CONTENTS

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.01 12 Environmental Protection 01 78 02.00 10 Closeout Submittals

Division 02 - EXISTING CONDITIONS

02 21 10.00 12 Surveys

Division 31 - EARTHWORK

31 23 00.00 20 Excavation

Division 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 23.00 12 Dredging 35 20 23.33 National Dredging Quality Management Program – Pipeline Hydraulic

Dredge

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Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. DAMAGE TO WORK 1

2. SAFETY PROVISIONS 1

3. SIGNAL LIGHTS 6

4. CONTINUITY OF WORK 6

5. INSPECTION 7

6. SHOALING 7

7 ACCOMMODATIONS AND MEALS FOR INSPECTORS 7

8. SEAWORTHINESS CERTIFICATION 8

9. UTILTIES AND IMPROVEMENTS 8

10. ENVIRONMENTAL LITIGATION 10

11. STATE TAXES 11

12. FUEL CONSUMPTION REPORTING REQUIREMENTS 12

13. RIGHTS-OF-WAY 12

14. VECTOR CONTROL 13

15. ACCESS PLAN 14

16. CONTRACT COORDINATION 14

17. CONTRACTOR’S RESPONSIBILITY 14

18. MOBILIZATION OF ATTENDANT PLANT 15

19. SUPERVISION 15

20. PRE-BID SITE VISIT 15

21. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS 15

22. SECURITY REQUIREMENTS 16

23. REGULATORY REQUIREMENTS 16

24. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION 17

25. DATUM RELATIONSHIPS 17

26. JOINT RISK MANAGEMENT 19

27. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 19

28. PROJECT SIGN 20

29. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE 20

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SECTION 01100 - GENERAL PROVISIONS

1. 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 or job price as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or job price 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.

2. SAFETY PROVISIONS

(a) The safety provisions as specified herein refer to the March 2024 edition of EM 385-1-1.

The current document can be found at:

https://www.publications.usace.army.mil/Portals/76/EM 385-1-1 _EFFECTIVE 15March2024.pdf

(b) Accident Investigation and Reporting. The investigation, analysis, and reporting of accidents and near misses shall be governed as set forth in EM 385-1-1 and ER 385-1-99, USACE Accident Investigation and Reporting. Current documentation can be found at :

(https://www.publications.usace.army.mil/USACE-Publications/Engineer- Regulations/) (1-1.m)

(c) 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, submit the Accident Prevention Plan to the Contracting Officer for review and acceptance. The plan shall be prepared in the following format:

ENG Form 6293, Accident Prevention Plan (APP) Worksheet (mandatory) (https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=LmW_eJDoLp I%3d&tabid=16438&portalid=76&mid=43543) (2-10.d)

Some of the required elements are:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf

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1. Activity Hazard Analysis (AHA) Requirements. Contractor shall follow AHA requirements in EM 385-1-1, Chapter 1-7. Current documentation can be found at:

ENG Form 6206, Activity Hazard Analysis (AHA) (non-mandatory) (https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=K66no-4L-v4%3d&tabid=16438&portalid=76&mid=43543) (1-10.b)

2. A copy of company policy statement regarding accident prevention.

(d) 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).

(e) Comprehensive Hazard Communication (HazCom) Program. The Contractor shall develop, implement, and maintain at the workplace a written, Comprehensive Hazard Communication Program (see Chapter 1-6 and 1-7 of

EM 385-1-1).

(f) 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.

(g) 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.

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

https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=K66no-4L-https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=K66no-4L-

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(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 Chapter 19-8 of EM 385-1-1.

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

Work performed to satisfy the Hurricane Plan will not be measured for payment. Payment for all work associated with the Hurricane Plan, and providing the equipment required for the duration specified, shall be distributed amongst the existing Pricing Schedule items.

(k) Hazardous Energy Control Program. The Contractor shall develop, implement and maintain at the workplace, a written Hazardous Energy Control Program (HECP). Refer to Chapter 11-8 of EM 385-1-1.

(l) 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 Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative, has approved the Contractor's Accident Prevention Plan, and the contractor's SSHO is ready to begin work. The Contractor shall submit ENG Form 6282: (Site Safety and

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Health Officer Designation Letter). A Designation Letter is required for all levels of onsite SSHOs. The Contractor shall maintain a copy of the accepted form at each site of work. Link to ENG form 6282:

https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=6rK omvrIeBI%3d&ta bid=16438&portalid=76&mid=43543.

The SSHO shall;

(1) Be a full-time responsibility. The SSHO shall be present at the project site, located so they have full mobility and reasonable access to all major operations during the shift. The SSHO shall be a full-time responsibility with no other duties.

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

(3) As a minimum (Level 1 SSHO), must produce a copy of their instructor-signed OSHA 30-hour training card (or course completion if within ninety (90) days of having completed the training and card has not been issued). They shall have completed:

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

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

c. as an equivalent format construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 Chapter 36 applicable to the work to be performed and given by qualified instructors. The class may be web-based training if the student is able to directly ask questions of the instructor by chat or phone. Local SOHO will evaluate the proposed equivalent training for applicability to the contract scope of work being performed.

(4) Have proof of employment for SSHO Level 1:

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

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

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c. If the SSHO has a Third (3d) party, Nationally Accredited (ANSI or National Commission for Certifying Agencies – NCCA) SOH related certification, only three (3) years of experience is needed.

d. Maintain competency through having taken twenty-four (24) hours of documented formal, on-line, or self-study safety and health related coursework every three (3) years. The twenty-four (24) hours may be multiple classes.

(m) Overhead Power Lines.

In locations where trucks and other equipment will be passing beneath overhead power lines, the Contractor shall install at least 2 signs on either side of the crossings warning drivers of the overhead lines. The signs shall face both directions of travel. The signs shall have arrows pointing upward and state 'Overhead Electric'. The Contractor shall submit his/her proposed sign design to the Contracting Officer for review and approval.

(n) 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 (1) strategic point on each deck.

(2) Signals.

(a) Fire Alarm Signals. The general fire alarm signal shall be in accordance with paragraph 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 paragraph

(a) above.

(c) Man-Overboard Signal. Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

(o) Drills. The Contractor shall conduct its drills in accordance with EM 385-1-1, Section 19-8.

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(p) 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.

(q) Dive Plan. The Contractor shall submit a dive plan in accordance with Section 30 of EM 385-1-1.

(r) Radiation. If a production meter that uses nuclear materials is being used aboard the dredge, the Contractor shall perform following requirements. The production meter nuclear device system designer and installer shall be qualified in these fields of expertise by the Nuclear Regulatory Commission (NRC). The Contractor shall obtain licensing and training as required by the NRC for these personnel aboard the dredge for the use of those components of the production meter containing or are affected by the nuclear source. The Contractor shall implement a nuclear device awareness program as required by the NRC for all personnel aboard the dredge not directly involved in the activities of the nuclear device. The Contractor shall submit a nuclear device safety plan to the Government within 24 hours after receipt of Notice to Proceed by the Contractor.

While a nuclear device is present aboard the dredge, the Contractor shall strictly adhere to all applicable NRC rules and regulations.

(s) 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 rated for the energized lines they are working near (EM 385-1-1, Chapter 11-8). Calibration records or stamped date of required manufacturer inspection of proximity warning devices shall be kept on the crane. The contractor shall submit a copy of the certification and performance test in accordance with EM 385-1-1, Section 16.

3. 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.

4. CONTINUITY OF WORK

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is secured in the whole of such area, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the

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Contracting Officer. Should any such non-adjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed.

5. INSPECTION

(a) The presence of the Inspector shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall furnish on the request of the Contracting Officer or any inspector:

(1) The use of such boats, boatmen, laborers and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

(2) Suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the disposal areas.

(b) When the Contractor elects to work on weekends, holidays or nights, notice shall be given to the Contracting Officer at least 24 hours in advance thereof.

Adequate lighting for safe operations and thorough inspection of night operations shall be provided by the Contractor at his/her expense.

(c) Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from any amounts due or to become due to the Contractor.

6. SHOALING

If, before the contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, re-dredging at contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

7. ACCOMMODATIONS AND MEALS FOR INSPECTORS

(a) The Contractor shall furnish regularly to inspectors on board the dredge or other craft upon which they are employed a suitable separate room approximately 150 square feet in size for a Corps of Engineers field office. The room shall be fully equipped and maintained to the satisfaction of the Contracting Officer; it shall be properly heated, ventilated, air conditioned, and lighted, shall have sufficient electrical outlets with power surge protection to power a laptop

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computer and printer, shall have a desk which can be locked, and a drafting table measuring at least four (4) feet by six (6) feet, a comfortable chair for each inspector, washing conveniences and daily janitorial services. Should the Contractor have a photocopy machine on the jobsite, the Contractor may allow the use of his own in lieu of providing a separate machine for use by the Government inspector. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the contract price. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the Contracting Officer, and the cost thereof will be deducted from payments to the Contractor.

(b) If the Contractor maintains on this work an establishment for the subsistence of his/her own employees, he/she shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of quality satisfactory to the Contracting Officer. All meals shall be available for purchase, by the Government's inspectors and agents, at the cost not to exceed $3.25 per person for each meal.

(c) See Section 35 20 23.00 12 DREDGING, paragraph Cellular Telephone and Internet for cellular wireless broadband service requirements.

8. SEAWORTHINESS CERTIFICATION

EM 385-1-1, Section 19.A.01.b. All dredges and quarter boats not subject to USCG inspection and certification or not having a current American Bureau of Shipping (ABS) classification shall be inspected in the working mode annually by a marine surveyor accredited by the National Association of Marine Surveyors (NAMS) or Society of Accredited Marine Surveyors (SAMS) and having at least five (5) years’ experience in commercial marine plant and equipment. All other plant shall be inspected annually by a qualified person. The inspection shall be documented, and a copy of the most recent inspection report shall be posted in a public area on board the vessel and a copy shall be furnished to the designated authority upon request. The inspection shall be appropriate for the intended use of the plant and shall, as a minimum, evaluate structural integrity and compliance with NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft.

9. UTILTIES AND IMPROVEMENTS

(a) 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. (See section 35 20 23.00 12 Paragraph 3.2.3 “Unidentified Pipelines, Structures, or Utilities”). The Contractor shall notify the utility owner by certified mail 45 days, 15 days, and 72 hours prior to construction near the utility.

See section 35 20 23.00 12 Paragraph. 3.2.2 “Existing Pipeline, Structures, or Utilties” for a list of known pipelines and utilities within the limits of work.

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(b) Contacts

SASOL Chemicals LLC. ENLINK Pipeline Co.

Kim Cusimano Robin Roberts

281‐588‐3764, 225‐776‐0758 337-775-9092

Kim.Cusimano@us.sasol.com Robin.Roberts@enlink.com

Targa Downstream Boardwalk Louisiana Midstream Pipeline Co

Kathryn Parish Sulphur Hub

337-794-7503 337‐313‐1020 kparish@targaresources.com

EnLink Midstream (Formerly CHEVRON) Colonial Pipeline Co.

Robin Roberts Chris Fontenot

337-775-9092 337-882-1541, 337-764-3600

Robin.Roberts@enlink.com Cfonteno@colpipe.com

Shell Oil P/L Co. Enterprise Products Bryan Keller Joe Ward

337-241-6829 337‐342‐3476

Bryan.b.keller@shell.com

Targa Midstream P/L Gulf State Utilities Co.

Sue Guidry William Bates

337‐583‐4642 (ext.210) 318‐436‐ 4351 sguidry@targaresources.com

Targa Louisiana Field Gulf South Pipeline John Lucas Keith Trahon

337‐496‐ 7407 337‐224‐8414, 337‐884‐7385

Targa Downstream, LLC Calcasieu Refining Co.

Rudy Salazar Guy Vick

713‐584‐1264 337‐990‐2981 mailto:Kim.Cusimano@us.sasol.com mailto:Robin.Roberts@enlink.com

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Entergy Louisiana, LLC Kinder Morgan Chuck Fontenot Mike Roccaforte

225‐754‐6054 409‐842‐4223 mike_roccaforte@kindermorgan.com

Williams Petrochemical Cheniere Creole Trail Pipeline Jim Snyder Thomas Boudreaux

337‐ 563‐3885 337‐275‐1726

Jim.Snyder@Williams.com Thomas.boudreaux@cheniere.com

Columbia Gulf Harvest Pipeline Brandi Naughton Maurice Barnes Jr.

713‐386‐3761 713‐289‐2891, 713‐209‐2400

Gulfport Energy Corp (Formerly WRT Energy) Natural Gas P/L Co. Of

America/Kinder Morgan Tim Conner Alvin LeMaire

(337) 380‐9760 337‐764‐4572 tconner@gulfportenergy.com Alvin_Lemairejr@kindermorgan.com

Columbia Gulf Transmission Co. Chevron Pipeline Co.

Jude Frederick 337‐250‐2864 Jodi Suire

Mr. Duhon 337‐366‐ 4672 337‐ 882‐6748, 337‐274‐5699

Jodysuire@chevron.com

ANR Pipeline Company Erik Hughes 402-490‐ 7253 erik_hughes@tcenerg.com

Howard Romack 832‐320‐5315

10. ENVIRONMENTAL LITIGATION

(a) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request

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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 and required by the terms of this contract. If the order is not due in any part to acts or omissions of the Contractor (or a Subcontractor at any tier) other than as required by this contract, such suspension, delay, or interruption shall be as if ordered by the Contracting Officer under the Contract Clause in Section 00700 entitled SUSPENSION OF WORK (FAR 52.242-14). The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

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

11. STATE TAXES

(a) The bid submitted in response to this Invitation shall not include any amount whatever for payment of any of the following taxes, fees or charges:

(1) The Louisiana "Severance Tax" imposed by LSA R.S. 47:631 and made applicable to the dredging of fill material from rivers and bodies of water within the State of Louisiana by the Severance Tax Regulations promulgated by the Collector of Revenue dated 31 March 1968.

(2) Any amounts claimed by the Louisiana Department of Wildlife and Fisheries for the privilege of removing fill from the water bottoms of the State of Louisiana.

(b) If the Contractor is required to pay or bear the burden of any tax, fee or charge described in paragraphs (a)(1) and/or (a)(2) above, the contract prices shall be increased by that amount which the Contractor is required to pay to the State of Louisiana; provided, however, that no increase in contract price shall be made for any liability the Contractor may incur as a result of his fault or negligence or his failure to follow the instructions of the Contracting Officer.

(c) The Contractor shall promptly notify the Contracting Officer of all matters pertaining to taxes, fees, or charges as described herein which reasonably may be expected to affect the contract price and shall at all times follow the directions and instructions of the Contracting Officer in regard to the payment of such taxes, fees, or charges.

(d) Before any increase in contract price becomes effective in accordance with the provisions of this clause, the Contractor shall warrant in writing that no

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amount of such taxes, fees or charges was included in the contract price as a contingency reserve or otherwise.

(e) In addition to the costs allowed by subparagraph b, the Contracting Officer may also allow an increase in contract price for costs or expenses which accrue to the Contractor as a result of any directions or instructions received from the Contracting Officer.

12. FUEL CONSUMPTION REPORTING REQUIREMENTS

On the first day of each month, the Contractor shall furnish, to the Government Inspector, a report of the quantities of fuel consumed during the previous month in execution of the work covered by the contract. The quantities reported shall include fuel consumed by the Contractor and all of his/her subcontractors for the main plant and all support plant during the preceding month. This information may be consolidated and shall be included in the Report of Operations-Pipelines, Dipper or Bucket Dredges, ENG Form 4267.

13. RIGHTS-OF-ENTRY

(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 which may be encountered in the transportation of equipment and material to and from the work site. The proposed work, including rights-of-entry 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-entry 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-entry for his convenience, the Contractor shall notify the Contracting Officer or its representative in writing. Contractor shall not provide any permanent rights-of-entry for the project. The Contractor is cautioned that any deviation to the Government furnished rights-of-entry 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-entry.

For any environmental investigations the Government is to perform on areas

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outside of Government furnished rights-of-entry, 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 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-entry. 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.

14. VECTOR CONTROL

For the purpose of vector control, the contractor shall do whatever is necessary to drain the disposal area(s) of ponding water. This includes ditching and harrowing. The contractor shall not allow drainage onto private property. Interior drainage ditches shall be cleared prior to demobilization to assure free flow of water for proper drainage. All costs incurred for vector control in the designated disposal areas shall be included in the applicable contract unit price for “Dredging – Mile 17.0 to Mile 30.0”, “Dredging – Mile 30.0 to Mile 34.0 – OW1”, (if Optional Work 1 is exercised), “Dredging – Mile 34.0 to Mile 36.0 – OW2” , (if Optional Work 2 is exercised), “Dredging – Coon Island – OW3”, (if Optional Work 3 is exercised), “Dredging – Devil’s Elbow – OW4”, (if Optional Work 4 is exercised), or “Additional Mobilization and Demobilization - OW5”, (if Optional Work 5 is exercised)”.

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15. 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.

(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.

(d) Access corridors where shown on the contract drawings shall be used to access the disposal areas; upland disposal areas where no access corridor is shown on the drawings shall be from the Calcasieu River Main Channel.

Corridors may be field adjusted to best match existing site conditions, and minimize impacts to existing wetlands at the approval of the Contracting Officer.

Contractor shall mark access corridors with stakes. Contractor shall minimize vehicular traffic in the corridor. The shore crew, for instance, shall not use tracked vehicles to access the boat at the end of a shift, pick-up lunch, etc. The access corridors shall be returned to pre-construction condition.

16. CONTRACT COORDINATION

The Contractor shall assist the Government with available on site plant and manpower in monitoring the water quality aspects of the dredging and disposal operations. This assistance shall consist of, but not be limited to, furnishing boat transportation, temporary storage of samples, etc.

17. CONTRACTOR’S RESPONSIBILITY

The Contractor shall be responsible for ensuring that all its employees strictly comply with all laws that may apply to operations under this contract. The Contractor assumes full responsibility for the safety of its employees, plant, and materials and for any damage or injury done by or to them from any source or cause, except damage caused by acts of the Government, its officers, agents or employees. Such damages will be the responsibility of the Government in accordance with applicable Federal laws. The terms “officer”, “agent”, and “employee” of the Government do not include persons in the employment of the Contractor and whose services have been furnished to the Government.

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18. MOBILIZATION OF ATTENDANT PLANT

Pursuant to the Contract Clause in Section 00700 entitled COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10), mobilization of all attendant plant, if required, shall be concurrent with dredge mobilization. Failure to timely mobilize such auxiliary/attendant plant may result in one or more of the following actions by the Contracting Officer: reasonable suspension (without Government cost) of work until required plant is provided; formulation of credit to offset deficient plant; imposition of liquidated damages for late overall completion of the contract after excusable delays, if any. The Government's rights under any other Contract Clause are preserved.

19. SUPERVISION

At all times during performance of this contract and until the work is completed and accepted by the Government, the Contractor shall have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. Inspectors appointed by the Contracting Officer will enforce strict compliance with the terms of the contract. The inspectors will keep a record of the work done, but neither the presence nor absence of inspectors shall relieve the Contractor of responsibility for the proper execution of the work in accordance with the contract and directives issued by the Contracting Officer.

20. PRE-BID SITE VISIT

Prior to the submission of any bids, all bidders are highly encouraged to visit the project site location to become familiar with the project requirements. Failure to visit the project site will not disqualify a bid; however, the bidder is required to comply with the terms and conditions of any resultant contract by reason of such failure. In no event will a failure to inspect the site constitute grounds for a claim after contract award.

21. WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

The Contractor shall coordinate his/her operations, through the Contracting Officer's Representative, with any other Government Contractors who may be working in the vicinity. The contractor shall coordinate his staging operations, access routes, and construction requirements with any contractor currently performing work in the general vicinity. Possible dike construction in front of CDF-7, CDF-10, and CDF-11 may be taking place during the duration of this contract. If this work does occur, additional coordination would be required within all the parts involved to ensure that dredging of the main channel won't be impacted.

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22. SECURITY REQUIREMENTS

(a) Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The Contractor will not have access to the CORPS network. This is an unclassified contract and the Contractor will not have access to critical information. The Contractor and all associated sub-contractors shall receive locally developed training provided by the New Orleans District Security Office on the Local Suspicious Activity Reporting Program. This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity relating to the project manager, security representative or law enforcement entity. The Contractor shall provide local background checks to New Orleans District Security Office before performing work. Point of contact is Ben Delatte, Benjamin.L.Delatte@usace.army.mil, 504.862.1532.

(b) This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance.

The results of this training shall be reported to the COR within 5 calendar days after the completion of the training.

(c) Pre-Screen Candidates Using E-Verify Program. The Contractor shall prescreen Candidates using the E-verify Program (https://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Contractor shall ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates shall be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals shall complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. The completed Form I-9 shall be provided to the Contracting Officer and shall become part of the official contract file.

23. REGULATORY REQUIREMENTS

In addition to the detailed requirements included in the provisions of this contract and the requirements as defined within USACE EM 385-1-1, the Contractor shall comply with all pertinent federal, state, and local laws, ordinances, criteria, rules, and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations and referenced documents vary, the most stringent requirements shall apply.

mailto:Benjamin.L.Delatte@usace.army.mil https://www.uscis.gov/e-verify https://www.uscis.gov/e-verify

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24. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days.

Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

25. DATUM RELATIONSHIPS

The Contractor shall use the information in this paragraph in order to relate the gages along Calcasieu River to the authorized project datum, Mean Low Lower Water (MLLW). The relationship to Mean Lower Low Water (MLLW) is also defined, as required by EM 1110-2-6056, “Standards and Procedures for Referencing Project Grades to Nationwide Vertical Datums”. The gages shown in the table below are set to NAVD88 (OPUS / 2009.55). Use the datum relationships identified for each gage to adjust gage readings to MLLW. Refer to Figure 1 for clarification of how datum relationships should be applied. Refer to “Datum Offsets By Reach” table for datum relationships to be used by the contractor on each reach.

Gage ID Gage Name River Mile (approx) Datum Relationships Latitude Longitude

73350 Port of Lake Charles 33.3 0.0' NAVD88 = 0.6' MLLW = 1.6' MLG 30 12 47.11 093 15 25.04 73565 Rose Bluff Cutoff 29.7 0.0' NAVD88 = 0.6' MLLW = 1.6' MLG 30 11 03.85 093 18 19.33 73575 Moss Lake 25 0.0' NAVD88 = 0.8' MLLW = 1.8' MLG 30 07 36.80 093 19 44.51 73585 Devil's Elbow 22.7 0.0' NAVD88 = 0.8' MLLW = 1.8' MLG 30 05 46.04 093 19 28.12 73595 Gas Plant (DM 86) 19.4 0.0' NAVD88 = 0.9' MLLW = 1.9' MLG 30 02 53.36 093 19 40.50 73600 Hackberry 16.5 0.0' NAVD88 = 1.0' MLLW = 2.0' MLG 30 00 20.37 093 20 01.88 73615 Long Point (DM 72) 11.2 0.0' NAVD88 = 1.1' MLLW = 2.1' MLG 29 55 45.64 093 20 18.78 73625 St John Island (DM 57) 4.4 0.0' NAVD88 = 1.2' MLLW = 2.2' MLG 29 49 50.49 093 20 58.88

NOTE: MLLW is referenced to 1983-2001 NTDE.

http://www.cpars.gov/

01100-18 ED 25-012

Figure 1 Datum Relationships for USACE Gage 73600 (Hackberry)

This figure illustrates how the datum relationships should be applied to adjust the NAVD88 gage readings to MLG. At this location, 2 feet should be added to the NAVD88 gage reading to determine the respective MLG elevation. Refer to the table above to find the corrections for the other Calcasieu River gages.

All values are shown in feet.

Project Benchmarks The project benchmarks listed below can be found in the National Spatial Reference System database, and are designated for use for this project.

DESIGNATION: 877 7961 E

PID: BBCW22

LATITUDE: 30 11 26.05061 (N)

LONGITUDE: 93 18 07.62746 (W)

ELEVATION: 8.38 feet NAVD88 (OPUS 2013)

DESIGNATION: BLB1

PID: BBBX06

LATITUDE: 30 00 18.40499 (N)

LONGITUDE: 93 20 35.40361 (W)

ELEVATION: 7.48 feet NAVD88 (OPUS 2010)

DESIGNATION: 876 8094 E TIDAL

PID: DJ9387

LATITUDE: 29 46 05.85410 (N)

LONGITUDE: 93 20 29.04536 (W)

ELEVATION: 4.56 feet NAVD88 (2009.55)

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26. JOINT RISK MANAGEMENT

The Government desires to implement a formal risk management process during construction to discuss risk items. This process would involve the development of a Risk Register and regular discussions of risk items along these lines:

(a) Prior to the Preconstruction conference, a Joint Risk Register shall be developed by the Contractor, identifying items such as availability of materials, quality control of unique systems, critical schedule milestones, and labor challenges that may affect successful contract completion.

(b) Objective type risk items such as weather will not be included in the register.

(c) The Preconstruction Conference will be the initial meeting to discuss the Joint Risk Register. The Joint Risk Register will be updated at regular intervals by the Government and the Contractor.

(d) The Joint Risk Register will be reviewed and discussed at regular progress and schedule meetings.

Participation in the Joint Risk Management process is voluntary and will not change contract requirements.

27. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

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

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

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) 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.

01100-20 ED 25-012

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 acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

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

NOTE: Time extensions for unusually severe weather will only be considered for the Bidding Schedule Items associated with Optional Work (OW) 6 – (If Option Work (OW) 6 is exercised).

28. 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 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 at (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.

29. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This clause does not apply to terminations.

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(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.