P15PS02143FWC.pdf

Solicitation Document No.

P15PS02143

Document Title

GATE-195485 Repair Damage to Riis bathhouse parking lot and seawall

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 8 C Descriptions/Specifications/Statement of Work 9 D Packaging and Marking 15 E Inspection and Acceptance 16 52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance 17 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-12 Liquidated Damages—Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.242-14 Suspension of Work (Apr 1984)

G Contract Administration Data 19 1452.201-70 Authorities and Delegations (Sept 2011) 1452.204-70 Release of Claims (Jul 1996) DIAPR 2010-14 Contractor Performance Assessment Reporting System (Jul 2010)

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (Apr 2013)

H Special Contract Requirements 23 IMR 2009-01 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region (June 2009) Special Clause 1: Option for Additional Services—Separately Priced Line Items Special Clause 2: Key Personnel Liability Insurance Requirements

Local Clause -- 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses I Contract Clauses 39

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 20100 52.203-14 Display of Hotline Poster(s) (Dec 2007)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013)

Document Title

GATE-195485 Repair Damage to Riis bathhouse parking

52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records—Negotiation (Oct 2010) 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug 2011) 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (Jul 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications – Alternate IV (Oct 2010)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-9 Small Business Subcontracting Plan (Oct 2014) —Alternate II (Oct 2001) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) 52.219-25 Removed, effective Oct 2014 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation (May 2014) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (May 2014) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination—Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (April 2015) 52.222-26 Equal Opportunity (April 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (March 2015)

52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-55 Minimum Wages Under Executive order 13658 (Dec 2014)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (May 20110 52.223-6 Drug-Free Workplace (May 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (May

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GATE-195485 Repair Damage to Riis bathhouse parking

2008)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-9 Buy American—Construction Materials (May 2014) 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 52.229-2 North Carolina State and Local Sales and Use Tax (Apr 1984) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (July 2013) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes—Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997)

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GATE-195485 Repair Damage to Riis bathhouse parking

52.236-26 Preconstruction Conference (Feb 1995) 1452.236-70 Prohibition Against Use of Lead-based Paint (July 1996) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (April 2015) 52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering—Construction (Oct 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—Alternate I (Sept 1996)

52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

PART III – List of Documents, Exhibits, and Other Attachments

J List of Attachments

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 135 Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015) 52.204-8 Annual Representations and Certifications (Dec 2014) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.236-28 Preparation of Proposals – Construction (Oct 1997)

L Instructions, Conditions, and Notices to Offerors 141 Instructions for the Submission of Offers and Other Information 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.211-6 Brand Name or Equal (Aug 1999) 52.215-1 Instructions to Offerors1—Competitive (Jan 2004)

52.215-16 Facilities Capital Cost of Money (June 2003)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984) 52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

1452.233-2 Service of Protest Department of the Interior (Sept 2006) Deviation (JUL 1996) 52.236-27 Site Visit (Construction) (Feb 1995) 52.236-27 Site Visit (Construction)—Alternate I (Feb 1995) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

M Evaluation Factors for Award 156

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GATE-195485 Repair Damage to Riis bathhouse parking

Significant Factors and Subfactors

SECTION B – SUPPLIES OR SERVICES AND PRICES

SOLICITATION NUMBER:

PARK - PMIS: GATE 195485

DEVELOPED AREA: Jacob Riis Park PROJECT TITLE: Repair Storm Damaged Jacob Riis Parking Lot and Seawall

Notice: Refer to FAR Clause 52.217-5, Evaluation of Options, as prescribed in FAR 17. Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern. Round totals and extended prices to whole dollars. The Government reserves the right to award any or no options at or after the time of award. At the option of the Government, the period for exercise of options at the proposed prices shall extend 180 calendar days from the date of award. Pricing will be evaluated based on what is determined to be the best value to the Government. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

In addition to the offer that conforms to the solicitation documents, offerors are encouraged to submit alternate proposals that will result in cost savings to the Government. Such proposals shall clearly identity why the acceptance of the alternate proposal would be advantageous to the Government, see FAR Clause 52.215-1, Instructions to Offerors - Competitive Acquisition- Alternate II and DSC-36 Clause (Instructions for Submission of Offers and Other Information) in Section L of the Solicitation.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE QUANTITY UNIT OF

MEASURE UNIT PRICE TOTAL PRICE

10 DESIGN $0.00

20 CONSTRUCTION- Jacob Riis parking lot

30 Beach Channel Drive Sewall Improvements

TOTAL BASE PRICE (Contract Line Item Number 1 through X) ------------------------------------ $0.00

40 FENCING BID OPTION A $0.00

50 FENCING BID OPTION B

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GATE-195485 Repair Damage to Riis bathhouse parking

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 3 through XX) ---------------------------------- -- $0.00

TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1 through XX) -------- --- $0.00

All measurement and payment information is included in the project specifications, Section 012700.

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GATE-195485 Repair Damage to Riis bathhouse parking

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

WORK COVERED BY CONTRACT DOCUMENTS

Project Location: Project is located in the Gateway National Park. Jacob Riis PArk is located on Rockaway Peninsula, Queens County, New York City, NY.

The Work consists of the following:

Project will provide repairs to parking, damaged drainage system, remediate subsidence slumps behind the seawall, repair damaged and missing railing, seawall concrete where railing attachments have failed, and replace missing / storm damaged site furnishings and trail segments.

Work includes a series of contract line items and options per Section 01 27 00 “Definition of Contract Line Items.”

Project will be constructed under a single prime contract.

WORK UNDER OTHER CONTRACTS- N/A

CONTRACTOR USE OF SITE

General: Contractor shall have limited use of the site for construction operations. Limit use of premises to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

Limits: Confine constructions operations to NPS land and areas of sinkhole repair and utility re-lining/ repair.

Parking lot will remain open.

Limit site disturbance, including earthwork and clearing of vegetation, to area immediately below and within 4’ of fence line; 10 feet beyond surface walkways, patios, surface parking, 15 feet beyond primary roadway curbs and main utility branch trenches; and 25 feet beyond constructed areas with permeable surfaces (such as pervious paving areas, storm water detention facilities, and fields) that require additional staging areas in order to limit compaction in the constructed area, or as specifically indicated on Drawings.

Storage of Materials: Confine storage of materials to areas within the contract limits defined on Drawings.

Preservation of Natural Features:

Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged dune vegetation and trees and plants, at no additional expense to the Government.

Provide temporary barriers to protect existing vegetation and trees and plants and root zones.

Do not fasten ropes, cables, or guys to existing trees.

Carefully supervise excavating, grading, filling, and other construction operations near vegetation and trees to prevent damage.

Driveways and Entrances: Keep driveways, parking areas and entrances serving premises clear and available to Government, Government's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

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GATE-195485 Repair Damage to Riis bathhouse parking

Schedule deliveries to minimize use of driveways and entrances.

Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

Construction Camp: Establishment of a camp within the park will not be permitted.

Hauling Restrictions: Comply with all legal load restrictions in the hauling of materials. Load restrictions on park roads are identical to the state load restrictions with such additional regulations as may be imposed by the Park Superintendent. Information regarding rules and regulations for vehicular traffic on park roads may be obtained from the Office of the Park Superintendent. A special permit will not relieve Contractor of liability for damage which may result from moving of equipment.

PUBLIC USE OF SITE

Contractor shall at all times conduct his operations to ensure the least inconvenience to the public. Road closures will be permitted, when required, upon specific approval of Contracting Officer for a maximum of one calendar week.

OCCUPANCY REQUIRMENTS FOR BUILDINGS N/A

WORK RESTRICTIONS

On-Site Work Hours: Work shall be generally performed during normal business working hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, except when otherwise indicated.

Weekend Hours: As approved by Contracting Officer.

Early Morning Hours: As approved by Contracting Officer.

Hours for High-Level Noise Activities: As approved by Contracting Officer per Section 01 57 19.12 “Noise and

Acoustics Management.”

Existing Utilities

Existing Utilities: Notify Contracting Officer and utility companies of proposed locations and times for excavation.

Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, repair utility at no additional expense to the Government.

If damage occurs to an unknown utility, repair utility. An equitable adjustment will be made in accordance with the Changes clause of the contract.

Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Government or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

Notify Contracting Officer not less than two days in advance of proposed utility interruptions.

Do not proceed with utility interruptions without Contracting Officer’s written permission.

Hours for Utility Shutdowns: As approved by Contracting Officer.

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GATE-195485 Repair Damage to Riis bathhouse parking

SPECIAL CONSTRUCTION REQUIREMENTS

A. Project Website: A project website administered by the NPS will be used for purposes of managing communication and documents during the construction stage.

See Section 01 31 00 “Project Management and Coordination” for requirements on using the Project Website.

Jacob Riis Bathhouse, public walkways to and along the beach, are all heavily used by the public and are directly located adjacent to the parking area. Contractor must provide clear and physical separation of construction activities including access into and out of the limits of construction to assure the safety and well being of the general public throughout the full construction period. The bicycle path is part of a regional system and will require a safe detour where disturbed by work.

Jacob Riis Park is located within the Jamaica Bay Unit of the Gateway National Recreation Area. The project area includes the parking lot serving the Park and the seawall facing Jamaica Bay to the north of the parking lot and Beach Channel Drive.

Jacob Riis Park Project Location

The Jacob Riis Park parking lot was inundated during Hurricane Sandy. The Park and the surrounding area sustained major damage during the storm. The parking lot served as a staging area for debris collection and removal in the months following the storm, which resulted in additional damage from associated heavy equipment.

The repair options reviewed during the Value-based Decision workshop were based on previously completed field investigations which identified the existing conditions of the storm drainage system, pavement surface, and seawall. At the time of the field investigations, repair options were considered and developed with estimated costs based on the preliminary engineering analysis of the site.

Findings of Onsite Inspections Conducted in 2014

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GATE-195485 Repair Damage to Riis bathhouse parking

Wall and MUT Topside and Underwater Inspections Found voids in wall foundation –correlate to subsidence Found railing and concrete damage

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GATE-195485 Repair Damage to Riis bathhouse parking

Parking and Drainage CCTV inspection of lines show multiple failure points Sinkhole inspection shows damaged lines Check valves on outfalls missing.

Cracks in paving provide additional drainage.

Rehabilitation Needs Identified:

• Structural and Safety o Storm Drainage System o Parking Lot Sinkhole o Seawall Foundation and Facing

• Visitor Experience o Seawall Railing o Multi-Use Path

• Infrastructure Preservation o Parking lot drainage and hazard cracking

The scope work items would include the following:

Parking Lot Scope

• Repair cracks only where safety concerns arise

• Re-line approx. 700 lf of pipe and replace approx. 280 lf of pipe

• Install check valves on parking lot drainage outfalls at seawall

• Repair parking lot sinkhole

Safety Improvements at Seawall

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GATE-195485 Repair Damage to Riis bathhouse parking

• Fill holes with grout bags and structural fill

• Repair damaged and missing railing

• Repair seawall concrete where railing attachments have failed

• Replace missing site furnishings displaced by storm

Seawall Structural Repairs (Future Phase- Not in Scope)

• Repair Seawall foundation

• Install scour protection at seawall

• Install check valves at remaining outfalls

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GATE-195485 Repair Damage to Riis bathhouse parking

SECTION D – PACKAGING AND MARKING

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GATE-195485 Repair Damage to Riis bathhouse parking

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

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GATE-195485 Repair Damage to Riis bathhouse parking

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 May 15 2016. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (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 $1,000.00 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.

52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.242-14 SUSPENSION OF WORK (APR 1984)

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GATE-195485 Repair Damage to Riis bathhouse parking

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

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GATE-195485 Repair Damage to Riis bathhouse parking

SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

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GATE-195485 Repair Damage to Riis bathhouse parking

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.gov. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.

If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Local Clause)

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

(APR 2013)

http://www.cpars.gov/ http://www.cpars.gov/

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GATE-195485 Repair Damage to Riis bathhouse parking

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment

Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Pay Estimate Form and Current Schedule of Values

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Document Title

GATE-195485 Repair Damage to Riis bathhouse parking

SECTION H – SPECIAL CONTRACT REQUIREMENTS

IMR 2009-01 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN REGION

(JUN 2009)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Local Clause)

LIABILITY INSURANCE REQUIREMENTS

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability $100,000

General liability $500,000

Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000

Architect-Engineer Per person $200,000 Per occurrence $500,000 Property damage $ 20,000

Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater

If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall

Document Title

GATE-195485 Repair Damage to Riis bathhouse parking maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

LOCAL CLAUSE: 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of local clause)

General Decision Number: NY150003 07/17/2015 NY3

Superseded General Decision Number: NY20140003

State: New York

Construction Types: Building, Heavy, Highway and Residential

Counties: Bronx, Kings, New York, Queens and Richmond Counties in New York.

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GATE-195485 Repair Damage to Riis bathhouse parking

BUILDING & RESIDENTIAL CONSTRUCTION PROJECTS (includes single family homes and apartments up to and including 4 stories), HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 01/09/2015 2 01/30/2015 3 03/06/2015 4 03/13/2015 5 04/17/2015 6 05/01/2015 7 06/05/2015 8 07/17/2015

ASBE0012-001 12/29/2014

Rates Fringes

Asbestos Workers/Insulator Includes application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems.....................$ 64.41 30.76

HAZARDOUS MATERIAL HANDLER.......$ 40.00 11.25

BOIL0005-001 01/01/2013

Rates Fringes

BOILERMAKER......................$ 49.47 33%+22.87+a

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Year's Eve

BRNY0001-001 07/01/2013

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Document Title

GATE-195485 Repair Damage to Riis bathhouse parking

BRICKLAYER.......................$ 49.09 22.93

MASON - STONE....................$ 55.56 26.75

BRNY0001-002 06/01/2014

Rates Fringes

Pointer, cleaner and caulker.....$ 39.67 28.34

BRNY0004-001 07/01/2014

Rates Fringes

MARBLE MASON.....................$ 55.85 29.73

BRNY0007-001 07/01/2014

Rates Fringes

TERRAZZO FINISHER................$ 47.28 32.16

TERRAZZO WORKER/SETTER...........$ 48.88 32.18

BRNY0020-001 07/01/2014

Rates Fringes

MARBLE FINISHER..................$ 44.54 29.31

BRNY0024-001 07/01/2014

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BRICKLAYER

MARBLE POLISHERS............$ 38.96 23.00

BRNY0052-001 06/02/2014

Rates Fringes

Tile Layer.......................$ 46.04 23.52

BRNY0088-001 06/01/2014

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TILE FINISHER....................$ 40.78 27.86

CARP0001-009 07/01/2014

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CARPENTER

Carpenters & Soft floor layers......................$ 49.88 43.40

CARP0740-001 07/01/2014

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GATE-195485 Repair Damage to Riis bathhouse parking

MILLWRIGHT.......................$ 48.44 49.83

CARP1456-004 07/01/2014

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Dock Builder & Piledrivermen

DOCKBUILDERS................$ 48.35 45.07

CARP1456-005 07/01/2014

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Diver Tender.....................$ 43.45 45.07 Diver............................$ 61.30 45.07

CARP1536-001 07/01/2014

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Carpenters:

TIMBERMEN...................$ 44.33 44.34

ELEC0003-001 05/14/2014

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ELECTRICIAN

Electricians................$ 53.00 27.06 Jobbing, and maintenance and repair work.............$ 25.30 15.13+a

PAID HOLIDAYS:

a. New Years Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day

ELEC1049-001 03/29/2015

QUEENS COUNTY

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Line Construction (Substation and Switching structures pipe type cable installation and maintenance jobs or projects;

Railroad electrical distribution/transmission systems maintenance (when work is not performed by

Document Title

GATE-195485 Repair Damage to Riis bathhouse parking railroad employees) Overhead and Underground transmission/distribution line work. Fiber optic, telephone cable and equipment) Groundman...................$ 30.46 21.08 Heavy Equipment Operator....$ 40.61 24.31 Lineman and Cable Splicer...$ 50.76 27.58 Tree Trimmer................$ 30.09 14.12

ELEV0001-002 03/17/2013

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ELEVATOR MECHANIC

Elevator Constructor........$ 57.01 27.605+a+b Modernization and Repair....$ 45.14 27.455+a+b

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Good Friday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

b. PAID VACATION: An employee who has worked less than 5 years shall recieve vacation pay credit on the basis of 4% of his hourly rate for all hours worked; an employee who has worked 5 to 15 years shall receive vacation pay credit on…