WBV021-09-H-0013.pdf

In Lieu of STANDARD FORM 1442 (Automated)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912P8-09-H-0013

2. TYPE OF SOLICITATION

ADVERTISED (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/24/10

PAGE OF PAGES

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

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

ED 08-012

7. ISSUED BY CODE ADDRESS OFFER TO

U.S. Army Corps of Engineers, New Orleans Attn: CEMVN-CT-P (Brad M. Diggs) 7400 Leake Ave, Rm 163 New Orleans, LA 70118

See item 7.

9. FOR INFORMATION

CALL:

A. NAME

Brad M. Diggs

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

(504)862-2863

SOLICITATION

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

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

Task Order for HUBZONE MATOC

West Bank and Vicinity, New Orleans, LA, Hurricane Protection Project, Fronting Protection Westwego No.1 Pumping Station, WBV-21, Jefferson Parish, LA.

11. The Contractor shall begin performance within 10 calendar days and complete it within 290 calendar days after receiving award notice to proceed This performance period is mandatory negotiable (See )

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 14:00 (hour) local time April 8, 2010 (date). If this is an advertised solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will be considered nonrespon-sive and will be rejected.

In Lieu of STANDARD FORM 1442 BACK (Automated)

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

AMOUNTS

18. The offeror agrees (a) to carry out this offer if the Government accepts it by signing Item 31B within the time specified in Item 13D, and (b) to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21 ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. NEGOTIATED PURSUANT TO

10 USC 2304(a) ( ) 41 USC 252(c) ( )

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

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

BY

31C. AWARD

DATE

General Decision Number: LA080001 02/12/2010 LA1

Superseded General Decision Number: LA20070002

State: Louisiana

Construction Type: Residential

Counties: Acadia, Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Jefferson, Lafayette, Lafourche, Livingston, Orleans, Ouachita, Plaquemines, Rapides, St Bernard, St Charles, St James, St John the Baptist, St Landry, St Martin, St Tammany, Terrebonne, Webster and West Baton Rouge Counties in Louisiana.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 02/22/2008 2 03/21/2008 3 04/18/2008 4 05/16/2008 5 06/13/2008 6 07/11/2008 7 09/05/2008 8 01/16/2009 9 02/13/2009 10 03/13/2009 11 04/10/2009 12 05/08/2009 13 06/05/2009 14 07/03/2009 15 07/24/2009 16 08/28/2009 17 09/25/2009 18 10/23/2009 19 11/13/2009 20 11/27/2009 21 12/04/2009

22 02/12/2010

* ELEC0130-003 12/01/2009

JEFFERSON, LAFOURCHE, ORLEANS, PLAQUEMINES, ST. BERNARD,

ST.

CHARLES, ST. JAMES, ST. JOHN THE BAPTIST, ST. MARTIN

(Southern Portion), and TERREBONNE PARISHES

Rates Fringes

ELECTRICIAN (including low voltage wiring and installation of fire alarms and security systems)............$ 25.75 8.86

ELEC0194-002 09/03/2009

BOSSIER, CADDO, and WEBSTER PARISHES

Rates Fringes

ELECTRICIAN (including low voltage wiring and installation of fire alarms and security systems)............$ 24.15 8.73

ELEC0446-002 09/01/2009

OUACHITA PARISH

Rates Fringes

ELECTRICIAN (including low voltage wiring and installation of fire alarms and security systems)............$ 13.70 8.01

ELEC0576-003 09/01/2009

RAPIDES PARISH

voltage wiring and installation of fire alarms and security systems)............$ 22.05 5.64

ELEC0861-002 09/01/2009

ACADIA, CALCASIEU, LAFAYETTE, AND ST. MARTIN (Northern Portion)

PARISHES

voltage wiring and installation of fire alarms and security systems)............$ 24.22 9.20

* ELEC0995-003 01/01/2010

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

WEST

BATON ROUGE PARISHES

voltage wiring and installation of fire alarms and security systems)............$ 17.00 7.34

ELEC1077-006 09/01/2009

ST. TAMMANY PARISH

Rates Fringes

ELECTRICIAN (including low voltage wiring and installation of fire alarms and security systems)............$ 21.50 6.34

PLUM0060-005 12/01/2009

JEFFERSON, LAFOURCHE, ORLEANS, PLAQUEMINES, ST. BERNARD,

ST.

CHARLES, ST. JAMES (Southeastern Portion), ST. JOHN THE

BAPTIST, ST. TAMMANY, AND TERREBONNE PARISHES

PLUMBER (including HVAC pipe)....$ 25.77 8.93

PLUM0106-003 06/01/2009

ACADIA, CALCASIEU, LAFAYETTE, ST. LANDRY, and ST. MARTIN (Western Portion) PARISHES

PLUMBER (including HVAC pipe)....$ 22.50 11.09

PLUM0141-003 08/01/2009

BOSSIER, CADDO, and WEBSTER PARISHES

Rates Fringes

PLUMBER (including HVAC pipe)....$ 24.42 9.53

* PLUM0198-002 01/01/2010

ASCENSION, EAST BATON ROUGE, LIVINGSTON , ST. JAMES

(Northwestern Portion), ST. MARTIN (Eastern Portion), AND

WEST

BATON ROUGE PARISHES

PLUMBER (including HVAC pipe)....$ 25.44 9.33

PLUM0247-004 05/01/2009

RAPIDES PARISH

Rates Fringes

PLUMBER (including HVAC pipe)....$ 23.05 7.15

* PLUM0659-004 12/31/2009

OUACHITA PARISH

Rates Fringes

PLUMBER (including HVAC pipe)....$ 22.40 6.90

SHEE0214-003 07/01/2009

Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St.

Charles, St. James, St. John the Baptist, St. Tammany, and Terrebonne Parishes

SHEET METAL WORKER (includes HVAC Duct).......................$ 24.54 9.65

SHEE0214-005 02/01/2009

Acadia, Ascension, Calcasieu, East Baton Rouge, Lafayette, Livingston, St. Landry, St. Martin, and West Baton Rouge Parishes

SHEET METAL WORKER (includes HVAC Duct).......................$ 24.37 9.205

SHEE0361-004 01/01/2009

BOSSIER, CADDO, OUACHITA, RAPIDES, AND WEBSTER PARISHES

Rates Fringes

Sheet Metal Worker (including HVAC duct).......................$ 24.18 9.10

SULA2004-012 06/15/2004

Rates Fringes

CARPENTER (including drywall hanging, metal stud installation, and formbuilding/formsetting)........$ 11.78 0.00

Laborer, common..................$ 8.01 0.00

PAINTER

Brush, Roller, and Spray....$ 11.38 .83 Drywall Finishing...........$ 12.71 .78

Power Equipment Operator Crane.......................$ 13.00 0.00

ROOFER, Including Built Up, Composition and Single Ply Roofs............................$ 10.11 2.01

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

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

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

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

Washington, DC 20210

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

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

Washington, DC 20210

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

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

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

Washington, DC 20210

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

END OF GENERAL DECISION

NOTICE TO CONTRACTOR

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

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

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

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

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

SOLICITATION PROVISION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

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

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

Goals for Minority Goals for Female Timetables Participation for Participation in

Each Trade______ Each Trade_____

Indefinitely 20% - 23 % 6.9%

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

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

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

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

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

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

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

Task Order for HubZone MATOC

WBV021-09-H-0013

US Army Corps of Engineers New Orleans District

West Bank and Vicinity, LA Hurricane Protection Project

Fronting Protection Westwego No. 1 Pumping Station

WBV-21

Jefferson Parish, Louisiana

Construction Solicitation and Specifications

March 2010

ED 08-012

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 Solicitation, Offer and Award (SF-1442) Bidding Schedule 00100 Instructions To Bidders 00130 Proposal Evaluation Criteria 00700 Contract Clauses

DIVISION 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 16.00 20 Construction Progress Documentation 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 02.00 10 Quality Control System (QCS) 01 45 04.00 12 Contractor Quality Control 01 53 00.01 12 Temporary Flood Protection 01 53 00.02 12 Temporary Retaining Structures 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Measures 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals

DIVISION 02 – EXISTING CONDITIONS

02 41 00 Demolition

DIVISION 03 - CONCRETE

03 11 14.00 12 Formwork For Concrete 03 15 13.00 12 Expansion Joints, Waterstops in Concrete 03 21 00.00 12 Reinforcing Steel 03 31 00.00 12 Cast-In-Place Structural Concrete

DIVISION 05 - METALS

05 50 03.00 12 Metalwork Fabrication, Machine Work, and Miscellaneous Provisions

DIVISION 09 - FINISHES

09 97 02.01 12 Painting: Coal Tar Epoxy Systems

PTC-i ED 08-012

PTC-ii ED 08-012

DIVISION 22 – PLUMBING

22 14 13.13 Facility Storm Discharge Piping

DIVISION 23 – HVAC

23 20 00.00 12 Piping Specialties

DIVISION 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 23 16.16 12 Structural Excavation and Backfill 31 23 19.00 12 Dewatering 31 24 00.00 12 Embankment 31 32 23 Water Control Grouting 31 41 16.00 12 Steel Sheet Piling 31 62 16.00 12 Steel H-Piles

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 15 00.00 12 Surfacing (Crushed Stone) 32 92 19.04 12 Turf Establishment and Maintenance

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 19.00 12 Hydraulic Butterfly Valves 35 31 19.05 12 Riprap, Salvage, and Bedding Construction 35 43 38.00 12 Concrete Scour Protection

SECTION 00010 - BIDDING SCHEDULE

Hurricane Protection Project Fronting Protection Westwego No.1 Pumping Station WBV-21

Jefferson Parish, LA

Item

DESCRIPTION

Estimated Quantity

Unit

Unit Price

Estimated Amount

Mobilization and Demobilization

1 LS

Temporary Retaining Structure

1 LS

0003 Work Platform 1 LS

0004 Construction Dewatering 1 LS

0005 Flood Events 3 EA

0006 Demolition 1 LS

0007 Truck Wash-Down Rack 1 LS

0008 Silt Fence 320 LF

0009 Clearing and Grubbing 1 LS

Piling, Steel Sheet, Type

PZ 22

2,951 SF

Piling, Steel Sheet, Type

PZ 27

5,493 SF

0012 Water Control Grouting 1 LS

Furnish and Deliver Steel H-Pile (HP14x73)

5,697 LF

Drive Steel H-Pile (HP14x73)

5,697 LF

Reinforced Concrete Floodwall

1 LS

Discharge Pipe, Fittings, Valves, Flanges and Access Platforms

1 LS

Embankment, Compacted Fill

130 CY

0018 Riprap, Salvage 1 LS

0019 Riprap Bedding 340 CY

0020 Separator Geotextile 900 SY

0021 Concrete Scour Protection 170 SY

00010-3 ED 08-012

00010-4 ED 08-012

0022 Surfacing (Crushed Stone)

0022AA First 250 CY 250 CY

0022AB All Over 250 CY 50 CY

0023 Seeding and Mulching 0.8 AC

Lime Soil Amendment (Optional)

0.8 TON

Sulfur Soil Amendment (Optional)

0.4 TON

0026 Fertilizer

0026AA First 140 LBS 140 LBS

0026AB All Over 140 LBS 40 LBS

TOTAL: $

Award will be made as a whole to one bidder.

NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID SHALL

BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.

NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See

FAR 14.404-2).

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

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

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

NOTE 6: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp

EVALUATION OF SUBDIVIDED ITEMS. (EFARS 52.211-5000 - MAR 95).

Item Nos. 0022 and 0026 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS. (EFARS

52.211-5001 - MAR 95).

The Variations in Estimated Quantities Subdivided Items clause is applicable only in Item Nos. 0022 and 0026.

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

b. Where the actual quantity of work performed for Item Nos. 0022 and 0026 is less than 85% of the quantity of the first sub-item listed under such items, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity .

c. If the quantity of work performed under Item Nos. 0022 and 0026 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(End of Clause)

00010-5 ED 08-012

SOLICITATION: Task Order for HubZone MATOC

FOR: West Bank and Vicinity, LA, Hurricane Protection Project, Fronting Protection Westwego No. 1

Pumping Station WBV-21, Jefferson Parish, LA ED 08-012

TO OPEN:

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

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

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

III. (DFARS 204.7302) Prospective contractors must be registered in the CCR database prior to award of a contract. By regulation, no DoD contract can be awarded to any contractor that is not registered in the Department of Defense “Central Contractor Registration” (CCR). If your company is not currently registered in the CCR you may do so by simply going to http://www.ccr.gov. You will be required to provide your company’s Dun and Bradstreet number.

If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at (800) 333-0505.

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

THIS SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS

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

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of construction of reinforced concrete floodwalls; levee construction; clearing and grubbing; painting; establishment of turf; placing rip-rap;

bedding; driving steel sheet piling, steel h-piles; structural excavation and backfill; water control grouting;

dewatering systems; demolition; temporary retaining structures; temporary flood protection and other incidental work.

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

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

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

REQUIREMENTS MANUAL", DATED SEPTEMBER 2008.

ATTENTION:

Effective January 1, 2005, all Contractors who submit an offer/bid are required to register in the Online Representations and Certifications Applications (ORCA). See FAR Clauses 52.204-7 and 52.204-8 for required information. The Web site for ORCA is http://orca.bpn.gov. ORCA registration replaces some of the Representations and Certifications normally found in Section 0600.

ED 08-012

http://www.ccr.gov/ http://orca.bpn.gov/

Section Table of Contents

SECTION 00700 – CONTRACT CLAUSES

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

2. ........LIQUIDATED DAMAGES

3. ........CONTRACT DRAWINGS AND SPECIFICATIONS

4. ........PHYSICAL DATA

5. ........AVAILABILITY AND USE OF UTILITY SERVICES

6. ........SCHEDULES FOR CONSTRUCTION CONTRACTS

00700-a ED 08-012

SECTION 00700 – CONTRACT CLAUSES

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10 - APR 1984)

The Contractor shall be required to

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

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 290 calendar days after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.

NOTE. The Contractor is hereby informed that time allowed for completion of work has been established as the shortest reasonable duration and that he/she shall make any and all provisions necessary (multiple crews, overtime, concurrent operations, etc.) to accomplish the work within the available time period.

2. LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,740.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001 –

AUG 2000)

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

(b) The Contractor shall --

00700-1 ED 08-012

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general --

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

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

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

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

Title File Drawing No.

West Bank and Vicinity, LA H-4-46614 G-001 thru G-006; B-610 thru Hurricane Protection Project B-613; C-101 thru C-106; C-301;

Fronting Protection C-302; C-501; C-502; C-601;

Westwego No. 1 Pump Station SD-100; S-100; S-200; S-400 WBV-21, Jefferson Parish, LA thru S-411; S-500 thru S-502;

S-600; MD-001; M-101; M-301;

and E-101

NOTE: PLAN DRAWING SIGNATURES: The plan drawings accompanying this solicitation have been submitted and approved by the individuals shown in the title

00700-2 ED 08-012

blocks on the plans. The actual signatures of the individuals shown on the plans are on file and are available for inspection at U.S. Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, P.O. Box 60267, New Orleans, Louisiana 70160- 0267, and access thereto may be had upon request.

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

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and borings. Field notes, graphic boring logs, field and laboratory test results, and other data on which this information is based are available at U.S. Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, P.O. Box 60267, New Orleans, Louisiana 70160-0267, and access thereto may be had upon request.

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

(c) Transportation Facilities. Over the road trucks shall abide by all governing statutes. Access to the pumping station vicinity shall be via state routes as much as possible. When using Laplaco Boulevard, the Contractor shall direct his construction equipment in such a manner so as not to cross the Laplaco Bridges at either Bayou Segnette or Destrehan Avenue.

From the Westbank Expressway, the Contractor shall access the site using either Ames Boulevard or Barataria Boulevard to Lapalco Boulevard. Traveling west on Lapalco Boulevard turn north (right) onto an aggregate roadway approximately 300 feet east of the Bayou Segnette Bridge. A left hand turn is allowed only for tractor trailer vehicles. Construction equipment and material trucks shall not use Bayou Segnette Bridge to access the site

Levee access roads will be used to reach the site from Lapalco Boulevard. Use existing ditch crossing culvert. Provide timber mat pipeline crossing protection as shown on the drawings. The levee access routes shall be limited to a 50 foot corridor centered on existing routes.

Levee right-of-way disturbed by construction vehicles will require regrading and turf establishment to preconstruction conditions.

Alternative access to the north side of the pumping station is from the Westbank Expressway using Avenue A to reach Vic A Pitre Drive.

(d) The Contractor is responsible for keeping streets free of mud, tracking, spillage and/or other surface pollution from his equipment and operations.

00700-3 ED 08-012

Contractor shall take whatever means required (i.e., street cleaners, manual labor, water trucks with sprayers) as often as needed to maintain clean streets near the work site. All debris resulting from street cleaning operations shall be hauled off-site and disposed of properly.

(e) Estimates of quantities involved in certain items of work for which bids are being solicited on a lump sum or job basis have been made for the use of the Government. Copies of these quantity estimates may be viewed/obtained by contacting the District Commander, Attn: Contracting Officer, same address as stated in subparagraph (a) above. It is expressly understood that the accuracy of these estimates is in no way warranted and that the furnishing of this information to a bidder will not relieve him of his responsibility to estimate the quantities involved.

5. AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14 - 1984 APR)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

6. SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15 - APR

1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold

00700-4 ED 08-012

00700-5 ED 08-012

approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

NOTE: See Section 01 32 16.00 20 “CONSTRUCTION PROGRESS DOCUMENTATION” for additional construction schedule requirements.

0110 0-a ED 08-012

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 8

7. CERTIFICATES OF COMPLIANCE 10

8. ENVIRONMENTAL LITIGATION 10

9. UTILITIES AND IMPROVEMENTS 10

10. PERMISSIBLE HOURS OF WORK 12

11. U.S ARMY CORPS OF ENGINEERS CRD-C STANDARDS 12

12. AGGREGATE SOURCES 13

13. STONE SOURCES 14

14. CLAY SOURCES 17

15. FORMAT OF SURVEYS 19

16. PROJECT BENCHMARKS 19

17. COMMERCIAL WARRANTY 20

18. ACCESS PLAN 20

19. PAYMENT FOR MATERIALS STORED OFFSITE 20

20. COORDINATION OF WORK 21

21. COORDINATION OF FACILITY WORK 21

22. STAGING 22

23. NORMAL OPERATION OF WESTWEGO No. 1 PUMP STATION 22

24. FLOODING OF TEMPORARY RETAINING STRUCTURE (TRS) 22

25. EVACUATION REQUIREMENTS OF TRS 23

26. DAMAGES FROM FLOODING OF TRS 24

27. ELEVATED WORK PLATFORM(S) 24

28. VIDEOTAPE AND PHOTOGRAPHIC DOCUMENTATION 26

29. VIBRATION MONITORING 26

30. EMERGENCY GAP CLOSURE PLAN 28

31. FIELD VERIFICATION OF UTILITY LOCATIONS 29

32. EXISTING FACILITIES 29

33. DAMAGED STRUCTURES AND ROADWAYS 30

0110 0-1 ED 08-012

SECTION 01100 - GENERAL PROVISIONS

1. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause in Section 00700, entitled Default (Fixed Price Construction) (FAR 52.249-10). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON (5) DAY WORK WEEK

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

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

0110 0-2 ED 08-012

issue a modification in accordance with the Contract Clause in Section 00700, entitled Default (Fixed Price Construction) (FAR 52.249-10).

2. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause in Section 00700, entitled Permits and Responsibilities (FAR 52.236-7). However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit price or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment shall be made pursuant to the Contract Clause in Section 00700, entitled Changes (FAR 52.243-4). Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

3. SAFETY PROVISIONS

The safety provisions as specified herein refer to the Sept 2008 edition of EM 385-1-

1. The current document can be found at EM 385-1-1 COE Safety Manual.

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

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

(b) Accident Prevention Program. (See the Contract Clause in Section 00700, entitled Accident Prevention (AAP) (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 Program shall be submitted to the Contracting Officer for review and acceptance. The program shall be prepared in the following format:

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

0110 0-3 ED 08-012

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

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

(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, (available upon request). (Refer to 33 CFR 156).

The Contractor shall have on the construction site during working hours a trained Site Safety and Health Officer (SSHO) in accordance with paragraph 01.A.17 of EM 385-1-1. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the program. The Contractor may submit its Activity Hazard Accident Prevention Program only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

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

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

(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

0110 0-4 ED 08-012

of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

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

(2) Locations of areas where inspections were made.

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

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

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

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

(g) 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.

(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.

0110 0-5 ED 08-012

(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.

Such markers shall extend 6-feet above the road surface and, for nighttime haulage, be provided with reflectors in both directions.

(h) Safety Fence. The Contractor shall provide, erect, and maintain a temporary safety fence around the limits of work. The fabric for the safety fence shall be zinc coated hog wire mesh at least 47 inches high. Posts shall be round wood 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 "KEEP OUT" signs every 100 feet facing out from the work. Details of the safety fencing and location shall be submitted to the Contracting Officer for approval. No separate measurement or payment will be made for this work. Payment for all work associated with the safety fence shall be distributed amongst the existing bid items.

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

(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.

0110 0-6 ED 08-012

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

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

(k) Handling Sheet…