East Point_Amend0003_Specs.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: MICHAEL TOTH

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

THIS AMENDMENT HEREBY EXTENDS THE BID OPENING TO 13 DECEMBER 2011 AT 11:00 AM EST

RFI's addressed at begining of revised specifications.

CONTINUED ON NEXT PAGE

1. CONTRACT ID CODE PAGE OF PAGES

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU-11-B-0025

X 9B. DATED (SEE ITEM 11)

29-Sep-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) Construction of 350 feet of gabions for erosion protection a roadway along the Delaware Bay in East Point, New Jersey.

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

29-Nov-2011

CODE

CONTR DIV-CONTRACTS BR

USAED, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912BU

FACILITY CODE CODE

EMAIL: TEL:

THIS PAGE WAS INTENTIONALLY LEFT BLANK FOR DUPLEXING PURPOSES

EAST POINT RFI RESPONSES – 28 Nov 2011

1. In specification section 01500, paragraph 2.2 and 2.2.1 it is stated that a Government Field Office must be provided by the General Contractor along with certain equipment. Will this section of the specifications be enforced and required for this project?

Please see revised Section 01500 in the attached amendment.

2. In specification section 01500, paragraph 2.3 it is stated that the General Contractor must furnish and install both a project identification sign and a safety sign. Will these be required for the project?

Yes, the identification sign and a safety sign will be required.

3. In specification section 01500, paragraph 3.3 it is stated that the General Contractor must provide a Field Office for the sole use of the Contracting Officer and that the Field Office must have electricity and sewerage treatment. Is there electricity available for the Field Office? Is the requirement for the sewerage treatment to be enforced and is there a point where sewerage may be discharged if it is? Will temporary toilet facilities meet the requirement? Will this section be enforced in its entirety?

Please see revised Section 01500 in the attached amendment.

4. In specification section 01500, paragraph 3.4 it states that the General Contractor is to furnish and install weather instruments at the project site. Will this requirement be enforced?

Yes, this requirement will be enforced.

5. In specification section 01525, paragraph 1.6 and 1.6.1.1 it states that a Site Safety and Health Officer is required to be on-site on a full time basis. Will this requirement be enforced for this project and must this be one individual who has no other duties on the project?

Yes and yes. Please see revised Section 01525 in the attached amendment.

6. Please provide the required Bid Bond (Guarantee) information for this IFB. Please see incomplete FAR clause 52.228-1 at specification 00700-51.

The bid bond guarantee is 20% or $3,000,000.00.

7. Special Clause 6 (SC-6) at specification 00800, page 3 refers to Government established survey controls described in Specification section 00840. There does not appear to be a Specification section 00840 in the IFB. Please advise.

Section 00840 has been included by amendment.

8. Specification Section 00700-19 sets forth FAR Clause 52.217-7 which refers to a numbered line item identified in the Schedule as an option item. The Bidding Schedule at Specification section 00010-3 does NOT INCLUDE any option items. Please clarify.

There are no option items to include in the Bidding Schedule.

9. The Project Table of Contents in the IFB sets forth an "UNKNOWN DIVISION: 31?" It then sets forth the following specification sections: 31-34-10 and 31-36-00 titled "STONE- FILLED (SF) MARINE MATTRESSES and WIRE MESH GABIONS [AND MATTRESSES]", respectively. None of these specification sections appear anywhere in the IFB. Please clarify.

The Project Table of Contents has been revised by amendment.

Amendment No. 0003 Invitation for Bids

W912BU-11-B-0025

14. DESCRIPTION OF AMENDMENT (continued)

a. GENERAL NOTE - The following specification sections have been amended. Some pages have been provided that contain no changes in order to enable double-sided printing, or to provide information that has moved as a result of changes that were made on other sheets. All pages have been annotated with “Amendment No. 0003” in the header. With the exception of Section 00840, all revisions are shown in bold italics.

c. SPECIFICATIONS - Please delete the following specification sections in their entirety (with the exception of any end-of-section forms or attachments), and substitute new sections of the same title and number attached hereto, unless otherwise described.

(1) BID SCHEDULE

(2) SPECIAL CONTRACT REQUIREMENTS TABLE OF CONTENTS

(3) SECTION 00800 – SPECIAL CLAUSES

(4) SECTION 00815 – WAGE RATES

(5) PROJECT TABLE OF CONTENTS

(6) SECTION 01312 – QUALITY CONTROL SYSTEM (QCS)

(7) SECTION 01325 – CONSTRUCTION PHOTOGRAPHY: WITH VIDEO

(8) SECTION 01355 – ENVIRONMENTAL PROTECTION

(9) SECTION 01450 – CONTRACTOR QUALITY CONTROL

(10) SECTION 01500 - TEMPORARY CONSTRUCTION

(11) SECTION 01525 – SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

(12) SECTION 02300 - EARTHWORK

(13) SECTION 02371 – WIRE MESH GABIONS AND MARINE MATTRESSES

d. SPECIFICATIONS - Please add the following new specification section to the contract specifications.

(1) Section 00840 – SURVEY CONTROL DESCRIPTION SHEETS

e. CONTRACT DRAWINGS - Please delete previously issued Drawings C-101 and C-301, originally dated 27 September 2011 and substitute revised Drawings of the same numbers, with a revision date of 18 November 2011, attached hereto.

f. Please indicate receipt of this amendment on Standard Form 30 (AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT) as Amendment No. 0003. Failure to acknowledge all amendments may be cause for rejection of the offer.

THIS PAGE INTENTIONALLY LEFT BLANK

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

1. All work not included in Items 1 JOB LS $ 2 through 4 below

2. Wire Mesh Gabions and Marine 1 JOB LS $ Mattresses

3. Excavation 1,900 CY $ $

4. Backfilling 1,900 CY $ $

TOTAL ESTIMATED BID AMOUNT $_________

NOTE: Bidders must bid on all items.

TABLE OF CONTENTS

SPECIAL CONTRACT REQUIREMENTS

00800 SPECIAL CLAUSES

00805 CONTRACT ADMINISTRATION

00815 WAGE RATES

00825 REGIONS FOR THE CONSTRUCTION EQUIPMENT OWNERSHIP AND

OPERATION EXPENSE SCHEDULE

00840 SURVEY CONTROL DESCRIPTION SHEETS

00850 BORING LOGS

SECTION 00800

SPECIAL CLAUSES

INDEX

PARA TITLE

SC-1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION

SC-3 CONTINUING CONTRACTS

SC-4 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

SC-5 PHYSICAL DATA

SC-6 LAYOUT OF WORK

SC-7 DAMAGE TO WORK

SC-8 PERFORMANCE OF WORK BY THE CONTRACTOR

SC-9 LIMITATION ON SUBCONTRACTING

SC-10 ENVIRONMENTAL LITIGATION

SC-11 SIGNAL LIGHTS

SC-12 QUANTITY SURVEYS

SC-13 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

SC-14 CERTIFICATES OF COMPLIANCE

SC-15 PERFORMANCE EVALUATION OF CONTRACTOR

SC-16 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

SC-17 INSURANCE REQUIREMENTS

Section 00800 Page 1

SPECIAL CLAUSES

SC-1 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 Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 100 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 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 $700.00 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. (FAR 52.211-12)

SC-4 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

a. Upon obtaining the plans and specifications, the Contractor shall:

(1) Immediately check the specifications and all drawings;

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

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

(4) Be responsible for any errors which might have been avoided by complying with this paragraph (b).

b. Large scale drawings shall, in general, govern small scale drawings.

Figures marked on drawings shall, in general, be followed in preference to scale measurements.

c. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the contractor from performing such omitted or misdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications.

d. The work shall conform to the specifications and the contract drawings identified on the following, all of which are available in the office of the District Engineer, U.S. Army Engineer District, Philadelphia, Room 643, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107. Drawings are titled: "Shoreline Erosion Control Project, East Point, Cumberland County, New Jersey" and have the drawing numbers, subtitles, and dates as indicated on Contract Drawing No. G-100, "Cover Sheet, Index of Drawings, Vicinity and Location Maps."

SC-5 PHYSICAL DATA (APR 1984)

Section 00800 Page 2

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. (FAR 52.236-4)

a. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by topographic and hydrographic surveys conducted during the period September, 2001 to November, 2001 and subsurface explorations by auger boring. See specification Section 00850.

b. Weather Conditions. The climate of the area is referred to as "continental" by climatologists, characterized by cold winters and moderately hot summers. Complete weather records and reports may be obtained from the local U.S. Weather Bureau Office nearest to the work site. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the construction period.

c. Transportation Facilities. The work site is accessible from the NJ Route 47 through County Route 616 through East Point Road. The Contractor shall be responsible for all investigations of load carrying capacities of bridges and roadways.

d. Tide Data. The mean range of tides at the site of the work is approximately 5.75 feet. Local mean low water is approximately 3.1 feet below North American Vertical Datum (NAVD) 1988.

e. Survey Controls. Survey control description sheets are included as Section 00840 of this contract.

f. Magnitude of the Contract Work. The estimated value of the contract work is between $500,000 and $1,000,000.

g. Hours of Work. Unless otherwise specified, the Contractor shall be permitted to perform the contract work between the hours of 7:45 am and 4:30 pm, Monday through Friday. Federal holidays (New Year's Day, Martin Luther King Jr's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day) that fall within the work week will not be considered as work days. Prior to performing any work during hours other than those specified, the Contractor shall submit an overtime request to the Contracting Officer for review and approval. Overtime requests shall be submitted not less than 24 hours prior to the time the Contractor desires to perform the overtime work. The Contractor shall provide at least a 24 hour advanced notification to establish when on-site work will commence and prior to restarting on-site work following any stoppage of work lasting longer than five normal workdays. Notification shall be provided by phone, or person, or in writing, and shall be given directly to the Contracting Officer.

SC-6 LAYOUT OF WORK (APR 1965 OCE)

The Contractor shall lay out its work from Government-established survey controls, the description of which are provided in Section 00840 of this document, and shall be responsible for all measurements in connection therewith. The Contractor shall furnish, at its own expense, such stakes, templates, platforms, equipment,range markers and labor as may be required in laying out any part of the work from the triangulation stations and bench marks established by the Government. The Contractor shall be

Section 00800 Page 3 responsible for executing the work to such lines and grades as may be established or indicated by the Contracting Officer. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence prior to their authorized removal, they may be replaced by the Contracting Officer at his discretion. The expense of replacement will be deducted from any amounts due or to become due to the Contractor. (CENAP)

SC-7 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the clause of the contract entitled "Permits and Responsibilities". However, if, in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood or hurricane, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to Contract Clause entitled "Changes," will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damages 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. (CENAP)

SC-9 LIMITATION ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

SC-10 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

a. If the performance of all or any part of the work is suspended, delayed, Section 00800 Page 4 or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of the contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the SUSPENSION OF WORK clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

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

SC-11 SIGNAL LIGHTS (FEB 1983)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels in inland waters (33 CFR 88), as applicable. (CENAP)

SC-12 QUANTITY SURVEYS (APR 1984)

a. Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

b. The Contractor shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

c. Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer. (FAR 52.236-16)

SC-13 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

a. This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

Section 00800 Page 5

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by the Contractor or sub-contractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial or series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment from the Contractor's accounting records, costs for the equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region I. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule.

For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect as of the time work was performed shall apply.

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

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. This data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet."

(EFARS 52.231-5000)

Note #1: The small purchase threshold is $100,000.

Note #2: By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. This right shall extend for two years after expiration of contract performance. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

SC-14 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in triplicate copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(CENAP)

Section 00800 Page 6

SC-15 PERFORMANCE EVALUATION OF CONTRACTOR

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The format for the evaluation will be DD 2626, and the Contractor will be rated either outstanding, above average, satisfactory, marginal, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting offices for their future use in determining Contractor responsibility, in compliance with DFARS 236.201(c)(1). (CENAP)

SC-16 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989)

a. This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled: "Default (Fixed-Price Construction)". 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. For the purpose of this contract, unusually severe weather is defined as daily precipitation equal to or exceeding 0.5 inches and/or maximum daily temperature not exceeding 32 degrees F.

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

10 6 3 3 3 3 3 2 2 2 3 4

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normal scheduled work. Actual adverse weather days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous

Section 00800 Page 7 month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b.

above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled: "Default (Fixed Price Construction)". (ER 415-1-15)

SC-17 INSURANCE REQUIREMENTS

Evidence of the following insurance shall be provided to the Contracting Officer prior to commencement of work and shall be maintained throughout the period of performance:

a. General Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $500,000 per occurrence.

b. Automobile Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $200,000 per person and $500,000 per accident. Property Damage Liability - $20,000 per accident.

c. Workmen's Compensation and Employer's Liability Insurance: Compliance with applicable workmen's compensation and occupational disease statutes is required. Employer's liability coverage in the minimum amount of $100,000 is also required."

-- End of Special Clauses --

Section 00800 Page 8

Section 00815 Page 1

General Decision Number: NJ100056 09/30/2011 NJ56

Superseded General Decision Number: NJ20080056

State: New Jersey

Construction Type: Heavy

County: Cumberland County in New Jersey.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 03/26/2010 3 07/09/2010 4 11/05/2010 5 12/03/2010 6 01/28/2011 7 03/04/2011 8 05/27/2011 9 07/15/2011 10 09/02/2011 11 09/30/2011

* CARP0006-013 05/01/2011

Rates Fringes

CARPENTER (Including Form Work)............................$ 39.70 55%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0454-009 07/01/2009

Rates Fringes

PILEDRIVERMAN....................$ 37.55 26.63

PAID HOLIDAYS:

New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided that the worker works any of the three days in the five-day work week preceding the holiday and the first work day after the holiday.

CARP0715-007 05/01/2011

Rates Fringes

Millwright.....................$ 40.49 55%

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material

Section 00815 Page 2 elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

ELEC0351-013 10/04/2010

Rates Fringes

Electricians:

Cable splicer on lead cable.$ 47.36 62.82%+.50 Electrician and cable splicer.....................$ 45.36 62.82%+.50

ENGI0825-019 07/01/2010

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 41.02 25.75

GROUP 2.....................$ 39.43 25.75

GROUP 3.....................$ 37.52 25.75

GROUP 4.....................$ 35.89 25.75

GROUP 5.....................$ 34.18 25.75

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS:

New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided

1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1:

Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill);

Elevating Grader; Excavator; Front End Loader (5 cu. yd.

and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable)

GROUP 2:

Concrete Pumper; Grader/Blade (Finish); Hoist; Hydraulic

Section 00815 Page 3

Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom

GROUP 3:

Asphalt Spreader; Bulldozer; Compressor(2 or 3) (in Battery) (within 100 ft.); Crusher; Forklift; Front End Loader (1

cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic;

Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4:

Broom; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.); Roller, Grade; Pump

GROUP 5:

Oiler

IRON0350-008 07/01/2011

CUMBERLAND COUNTY (east of a line drawn from the Delaware Bay through the town of Cedarville and north to the point where the county lines of Atlantic, Cumberland and Gloucester Counties meet)

Rates Fringes

Ironworkers:

Reinforcing.................$ 43.62 25.27 Structural and Ornamental...$ 44.62 25.27

IRON0399-006 07/01/2009

CUMBERLAND COUNTY (west of a line drawn from the Delaware Bay through the town of Cedarville and north to the point where the county lines of Atlantic, Cumberland and Gloucester Counties meet)

IRONWORKER (Structural, Reinforcing and Ornamental)......$ 31.46 29.70

LABO0172-007 03/01/2011

Rates Fringes

Laborers:

Landsacpe Laborer, Power Tool Operator...............$ 32.20 21.55 Pipelayer...................$ 32.90 21.55

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is required to wear Level A, B or C personal protection: $3.00 per hour additional.

Section 00815 Page 4

Work on a state or federally designated hazardous waste site, where the worker is not required to wear Level A, B, or C personal protection: $1.00 per hour additional.

New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided that the worker works three days for the same employer within a period of ten working days consisting of five working days before and five working days after the day upon which the holiday falls or is observed.

LABO0222-013 05/01/2009

Rates Fringes

LABORER

MASON TENDER:

Cement/Concrete.............$ 28.55 19.42

PAIN0711-023 05/01/2009

Rates Fringes

Painters:

Work on bridges (Major Bridges Designed for Commercial Navigation)......$ 46.50 19.13

PAIN0711-024 11/01/2008

Rates Fringes

Painters:

New Construction Brush and roller...........$ 34.47 16.14 Spray......................$ 37.92 16.14 Steel......................$ 35.81 16.30 Repaint work, on projects on which no major alterations occur.

Brush and roller...........$ 26.67 13.80 Spray......................$ 29.34 13.80 Steel......................$ 27.74 13.93

PLAS0592-036 11/01/2010

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 38.37 25.51

PLUM0322-010 05/01/2011

Section 00815 Page 5

PIPEFITTER.......................$ 42.02 30.24

SUNJ2004-027 01/02/2009

Rates Fringes

LABORER: Common or General......$ 25.30 11.92

OPERATOR: Backhoe Loader Combo............................$ 31.28 20.79

TEAM0676-005 05/01/2008

Rates Fringes

Truck drivers:

Dump Truck Drivers; Pickup Truck.......................$ 26.70 16.485 Off the Road Truck;

Flatbed Truck...............$ 27.05 16.485

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous materials, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site, where personal protection A, B, C or D is NOT required:

$1.00 per hour additional.

New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day (or the day after Thanksgiving, at the option of the contractor), Thanksgiving Day, the afternoon of the day before Christmas (Dec. 24) provided that the worker works in the morning, and Christmas Day, provided that the worker works or is available for work on at least two days in the week in which the holiday occurs.

BEREAVEMENT PAY:

In case of a death in the worker's immediate famiy (mother, father, wife, husband, children, brother, sister, current mother-in-law, current father-in-law, grandparents), the worker shall be allowed leave not to exceed three (3) days straight-time pay, provided that he or she shall receive no pay unless the day of death and the burial day falls on a regular work day, and not on days off, holidays, vacation, Saturdays or Sundays.

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

Section 00815 Page 6

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 (29 CFR 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 he 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.

Section 00815 Page 7

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

SECTION 00840

SURVEY CONTROL

DESCRIPTION SHEETS

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01312 QUALITY CONTROL SYSTEM (QCS)

01320 PROJECT SCHEDULE

01325 CONSTRUCTION PHOTOGRAPHY: WITH VIDEO

01330 SUBMITTAL PROCEDURES

01350 DIVING SERVICES

01355 ENVIRONMENTAL PROTECTION

01420 SOURCES FOR REFERENCE PUBLICATIONS

01450 CONTRACTOR QUALITY CONTROL

01500 TEMPORARY CONSTRUCTION

01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01720 SURVEY REQUIREMENTS

01780 AS-BUILT DRAWINGS

DIVISION 02 - SITE CONSTRUCTION

02271 RIPRAP

02300 EARTHWORK

02371 WIRE MESH GABIONS AND MARINE MATTRESSES

02373 GEOTEXTILE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 01312

QUALITY CONTROL SYSTEM (QCS)

PART 1 GENERAL

1.1 SCOPE OF SECTION

The work specified in this section includes the furnishing of all labor, material and equipment and performing all work required for the Contractor's use of the Government-furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various information throughout the contract period.

1.2 GENERAL

The Government will use the Resident Management System for Windows (RMS) to assist in its monitoring and administration of this contract. The Contractor shall use the Government-furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various information throughout the contract period. The Contractor module, user manuals, updates, and training information can be downloaded from the RMS web site (www.rmssupport.com). This joint Government-Contractor use of RMS and QCS will facilitate electronic exchange of information and overall management of the contract. QCS provides the means for the Contractor to input, track, and electronically share information with the Government in the following areas:

Administration Finances Quality Control Submittal Monitoring Scheduling Import/Export of Data

1.2.1 Correspondence and Electronic Communications

For ease and speed of communications, both Government and Contractor will, to the maximum extent feasible, exchange correspondence and other documents in electronic format. Correspondence, pay requests and other documents comprising the official contract record shall also be provided in paper format, with signatures and dates where necessary. Paper documents will govern, in the event of discrepancy with the electronic version.

1.2.2 Other Factors

Particular attention is directed to Contract Clause, "Schedules for Construction Contracts", Contract Clause, "Payments", Section 01320, PROJECT SCHEDULE, Section 01330, SUBMITTAL PROCEDURES, and Section 01450, CONTRACTOR QUALITY CONTROL, which have a direct relationship to the reporting to be accomplished through QCS. Also, there is no separate payment for establishing and maintaining the QCS database; all costs associated therewith shall be included in the contract pricing for the work.

1.3 QCS SOFTWARE

QCS is a Windows-based program that can be run on a stand-alone personal

Section 01312 Page 1 computer or on a network. The Government will make available the QCS software to the Contractor after award of the construction contract. Prior to the Pre-Construction Conference, the Contractor will be responsible to download, install and use the latest version of the QCS software from the Government's RMS Internet Website. Upon specific justification and request by the Contractor, the Government can provide QCS on [DELETION] CD-ROM.

Any program updates of QCS will be made available to the Contractor via the Government RMS Website as they become available.

1.4 SYSTEM REQUIREMENTS

The following [DELETION] is the minimum system configuration that the Contractor must have to run QCS:

QCS and Quality Assurance System (QAS) System

Hardware

IBM-compatible PC with 1000 MHz Pentium or higher processor

256+ MB RAM for workstation / 512+ MB RAM for server

1 GB hard drive disk space for sole use by the QCS system

[DELETION]

Compact disk (CD) Reader, 8x speed or higher

SVGA or higher resolution monitor (1024 x 768, 256 colors)

Mouse or other pointing devise

Windows compatible printer (Laser printer must have 4MB+ of RAM)

Connection to the Internet, minimum 56k BPS

Software

MS Windows 2000, XP, Vista or Windows 7

QAS-Word Processing software: MS Word 2000 or newer

Latest version of : Netscape Navigator, Microsoft Internet Explorer, or other browser that supports HTML 4.0 or higher

Electronic mail (E-mail), MAPI compatible

Virus protection software that is regularly upgraded with all issued manufacturer's updates

1.5 RELATED INFORMATION

1.5.1 QCS User Guide

After contract award, the Contractor shall download instructions for the installation and use of QCS from the Government RMS Internet Website [DELETION]. In case of justifiable difficulties, the Government will

Section 01312 Page 2 provide the Contractor with a CD-ROM containing these instructions.

1.5.2 Contractor Quality Control(CQC) Training

The use of QCS will be discussed with the Contractor's QC System Manager during the mandatory CQC Training class. [DELETION.]

1.6 CONTRACT DATABASE

Prior to the pre-construction conference, the Government will provide the Contractor with basic contract award data to use for QCS. The Government will provide data updates to the Contractor as needed, generally by using the Government's SFTP repository built into QCS import/export function.

These updates will generally consist of submittal reviews, correspondence status, QA comments, and other administrative and QA data.

1.7 DATABASE MAINTENANCE

The Contractor shall establish, maintain, and update data [DELETION] in the QCS database throughout the duration of the contract. The Contractor shall establish and maintain the QCS database at the Contractor's site office.

Data updates to the Government [DELETION] (e.g., daily reports, submittals, RFI's, schedule updates, payment requests) shall be submitted using the Government's SFTP repository built into QCS export function. If permitted by the Contracting Officer, e-mail or CD-ROM may be used instead of the Government's SFTP repository (see Paragraph DATA SUBMISSION VIA [DELETION] CD-ROM). The QCS database typically shall include current data on the following items:

1.7.1 Administration

1.7.1.1 Contractor Information

The database shall contain the Contractor's name, address, telephone numbers, management staff, and other required items. Within 14 calendar days of receipt of QCS software from the Government, the Contractor shall deliver Contractor administrative data in electronic format via E-mail.

1.7.1.2 Subcontractor Information

The database shall contain the name, trade, address, phone numbers, and other required information for all subcontractors. A subcontractor must be listed separately for each trade to be performed. Each subcontractor/trade shall be assigned a unique Responsibility Code, provided in QCS. Within 14 calendar days of receipt of QCS software from the Government, the Contractor shall deliver subcontractor administrative data in electronic format [DELETION].

1.7.1.3 Correspondence

All Contractor correspondence to the Government shall be identified with a serial number. Correspondence initiated by the Contractor's site office shall be prefixed with "S". Letters initiated by the Contractor's home (main) office shall be prefixed with "H". Letters shall be numbered starting from 0001. (e.g., H-0001 or S-0001). The Government's letters to the Contractor will be prefixed with "C".

Section 01312 Page 3

1.7.1.4 Equipment

The Contractor's QCS database shall contain a current list of equipment planned for use or being used on the jobsite, including the most recent and planned equipment inspection dates.

1.7.1.5 Management Reporting

QCS includes a number of reports that Contractor management can use to track the status of the project. The value of these reports is reflective of the quality of the data input, and is maintained in the various sections of QCS. Among these reports are: Progress Payment Request worksheet, QA/QC comments, Submittal Register Status, Three-Phase Inspection checklists.

1.7.1.6 Request For Information (RFI)

Exchange all Requests For Information (RFI) using the Built-in RFI generator and tracker in QCS.

1.7.2 Finances

1.7.2.1 Pay Activity Data

The QCS database shall include a list of pay activities that the Contractor must develop in conjunction with the construction schedule. The sum of all pay activities must be equal to the total contract amount, including modifications. Pay activities shall be grouped by Contract Line Item Number (CLIN), and the sum of the activities must equal the amount of each CLIN. The total of all CLINs equals the Contract Amount.

1.7.2.2 Payment Requests

All progress payment requests shall be prepared using QCS. The Contractor shall complete the payment request worksheet, prompt payment certification, and payment invoice in QCS. The work completed under the contract, measured as percent or as specific quantities, shall be updated at least monthly. After the update, the Contractor shall generate a payment request report using QCS. The Contractor shall submit the payment requests, prompt payment certification, and payment invoice with supporting data using the Government's SFTP repository built into QCS export function. If permitted by the Contracting Officer, e-mail or a CD-ROM may be used. A signed paper copy of the approved payment request is also required, which shall govern in the event of discrepancy with the electronic version.

1.7.3 Quality Control (QC)

QCS provides a means to track implementation of the 3-phase QC Control System, prepare daily reports, identify and track deficiencies, document progress of work, and support other contractor QC requirements. The Contractor shall maintain this data on a daily basis. Entered data will automatically output to the QCS generated daily report. The Contractor shall provide the Government a Contractor Quality Control (CQC) Plan within the time required in Section 01450, CONTRACTOR QUALITY CONTROL. Within seven calendar days of Government acceptance, the Contractor shall submit a QCS update reflecting the information contained in the accepted CQC Plan:

schedule, pay activities,…