20100713 Specifications.pdf

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RECOVERY--Y--PROJECT NUMBER 153725, Yonkers Ave, Tuckahoe, NY
Solicitation number
W912DS-10-B-0010
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OCEAN AND COASTAL CONSULTANTS, INC

NEW YORK DISTRICT TRUMBULL, CT

Yonkers Avenue Village of Tuckahoe, NY

Section 14 Streambank Protection Project Project No. 153725

Small Business Set-Aside

IBF No. W912DS-10-B-0010

CHECKLIST - 1

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BIDS NO. W912DS-10-B-0010

CHECK LIST FOR BIDDERS

ATTACHED IS IFB NO. W912DS-10-B-0010

Yonkers Avenue, Village of Tuckahoe, NY Section 14 Streambank Protection Project

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION

MUST BE FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR

OFFER INELIGIBLE FOR AWARD. IMPORTANT ITEMS FOR YOU TO CHECK

ARE INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A

PROPER BID

__HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS”

(SECTION 00600) PORTION OF THE SOLICITATION?

__IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__IS YOUR BID PROPERLY SIGNED?

__IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND

SURETY AND ARE ALL SEALS AFFIXED?

__DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR

SIGNATURES AND SEALS AFFIXED AFTER THE DOCUMENT WAS

GENERATED, AS OPPOSED TO COMPUTER PRINTER-GENERATED

SIGNATURES AND/OR SEALS?

__HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER

BY ALTERING THE PROVISIONS OF THE SOLICITATION?

__WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE

ITEM? (THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS

NECESSARY.)

__ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR

FIGURES LEGIBLE?

CHECKLIST - 2

__IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE

THEY INITIALED BY THE PERSON SIGNING THE BID?

__DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY

THAT IT ISA SEALED BID AND DOES IT CONTAIN THE CORRECT

SOLICITATION NUMBER AND BID OPENING TIME?

__WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100

OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K.

JAVITS FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE

TIME IT TAKES TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO

ENSURE THAT ITS BID IS SUBMITTED TIMELY.

COVER SHEET - 1

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Yonkers Avenue Village of Tuckahoe, NY

Section 14 Streambank Protection Project

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-10-B-0010

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL

OPPORTUNITY clause as it applies to the contract resulting from this solicitation.

(See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS – SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00600, note in particular the PROHIBITION OF SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause (1984 APR).

6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT

FUNDED BY THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT –

CONSTRUCTION MATERIALS (MAY 1993) IN ACCORDANCE WITH FAR

52.225-5 APPLIES.

7. Please review all bonds and accompanying documents required to be submitted.

Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all related documents MUST NOT bear computer printer-generated signatures and/or seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be accepted.

COVER SHEET - 2

Submission of such documents may render the bid or offer non-responsive and ineligible for award.

SECTION TITLE

00010 SF 1442 AND BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDER

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00.00 18 SPECIAL CONTRACT REQUIREMENTS

LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

00 90 00 WAGE RATES

00 90 01 WATER QUALITY CERTIFICATION

TECHNICAL PROVISIONS

DIVISION 01- GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 32 01.00 18 PROJECT SCHEDULE

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 18 CONTRACTOR QUALITY CONTROL

01 55 00.00 18 MAINTENANCE AND PROTECTION OF TRAFFIC TYPE - B

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 67 00.00 18 RECYCLED/RECOVERED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

DIVISION 02 - EXISTING CONDITIONS

02 22 13 VIBRATION MONITORING REQUIREMENTS FOR EXISTING

STRUCTURES

02 41 00 SELECTIVE DEMOLITION AND DISPOSAL

DIVISION 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CONCRETE FORMWORK

03 20 01.00 10 CONCRETE REINFORCEMENT

03 31 00.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE

DIVISION 05 - METALS

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 52 00 METAL RAILINGS

DIVISION 09 - FINISHES

09 97 13.26 COATING OF STEEL WATERFRONT STRUCTURES

DIVISION 13 - SPECIAL CONSTRUCTION

13 63 19 ROCK SOCKETED PILES

DIVISION 31 - EARTHWORK

31 11 00 CLEARING AND GRUBB ING

31 23 00.00 20 EXCAVATION AND FILL

31 32 23 FOUNDATION DRILLING AND JET GROUTING

31 41 16 STEEL SHEET PILING

31 62 16. 19 STEEL PIPE PILES

31 68 13 SOIL AND ROCK BOLTS

DIVISION 32 - EXTERIOR IMPROVMENTS

32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND

SITE FACILITIES

Yonkers Avenue, Village of Tuckahoe, NY 209095

SECTION 00 01 00

BID SCHEDULE

PART 1 GENERAL

1.1 BID ITEMS

Item Description Estimated Quantity Unit Amount

0001 LS $____________

All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3 or Option 4. Under the Base Bid, the Contractor shall include all work for the complete construction of the concrete retaining wall and complete construction of the steel sheet pile combination bulkhead, including cutting the steel sheets to the elevation specified on the drawings in preparation for cap installation.

0002 Option 1 - Lump Sum Provision of all work for the complete construction of the steel sheet pile scour protection bulkhead and the steel sheet pile scour protection bulkhead steel cap. This price shall include but is not limited to; purchase and supply of all bulkhead, cap and concrete fill materials, temporary support of sheet pile during placement of concrete fill, temporary removal and existing riprap as required prior to sheet pile placement and replacement of riprap after bulkhead construction, welded plates installed over lifting holes to seal holes, installation of concrete fill, complete installation of the steel cap and all protective coatings specified.

Option 1 $____________

0003 Option 2 - Lump Sum Provision of all work for costs associated with the purchase, supply and delivery only of all of the materials required to construct the cast-in-place concrete cap for the steel sheet pile combination bulkhead, with the exception of the concrete itself and any formwork required for construction and any costs associated with the cast-in-place cap installation. This includes, but is not limited to, costs associated with, ties, reinforcement, and accessories in accordance with the contract drawings and specifications. Additionally, the Contractor shall be responsible for storing these materials in the designated staging areas and protecting them from damage, for submitting the appropriate shop drawings, certificates and any other submittals required for the materials supplied.

Option 2 $____________

0004 Option 3 - Lump Sum Provision of all work for the complete construction of the cast-in-place concrete cap to be installed at the steel sheet pile combination bulkhead, with the exception of requirements as specified in Option 2. This work shall include, but is not limited to; the purchase and supply of all materials and equipment required for construction, except as noted above, all required submittals, any testing associated with this construction and complete installation of the cap. Concrete, as excluded in Option 2, shall be included as part of the complete construction of the cast-in-place concrete cap.

Additionally, under this Option the Contractor is responsible for installing all anchorage and base plates and ensuring proper fit up of the new steel-two rail railing. The Village of Tuckahoe will be responsible for installation of the remaining railing components. If this Option is not awarded to the Contractor, the Village of Tuckahoe will perform the complete cast-in-place concrete cap construction.

Option 3 $____________

0005 Option 4 - Lump Sum Provision of all work to purchase and supply ONLY the two-rail steel railing.

Installation of the two-rail steel railing, in its entirety, shall be by the Village of Tuckahoe.

Option 4 $____________

1.1.1 Total Amount

TOTAL BASE BID AMOUNT (CLIN 0001) $____________

TOTAL OPTIONS BID AMOUNT (CLINS 0002 Through 0005) $____________

TOTAL BASE BID PLUS OPTIONS $____________

NOTES:

1. The low bidder for purposes of award will be the lowest conforming responsible bidder offering the lowest Total Base Bid Amount and the Optional Bid Amount for all Items.

2. Any bid price for items indicated above which are materially unbalanced as to price for the Base Bid Item and the Optional Items may be rejected. An unbalanced bid is one, which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

3. Bidders are required to bid on all items or their bid will be rejected.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions, or amendments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5. Optional bid items, if awarded will be as follows:

6. Option 1 - Bid Item 0002, Steel Sheet Pile Scour Protection Bulkhead and Steel Sheet Pile Scour Protection Bulkhead Steel Cap, to be awarded within 45 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

7. Option 2 - Bid Item 0003, Purchase and Supply Only of All Materials Required to Construct the Cast-In-Place Concrete Cap for the Steel Sheet Pile Combination Bulkhead, to be awarded within 45 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

8. Option 3 - Bid Item 0004, Construction of the Cast-In-Place Concrete Cap for the Steel Sheet Pile Combination Bulkhead, to be awarded within 45 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

9. Option 4 - Bid Item 0005, Two-Rail Steel Railing, to be awarded within 45 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

00 80 00.00 18 - 1

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

2. GENERAL CONDITONS

3. LIQUIDATED DAMAGES - CONSTRUCTION

4. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

5. CERTIFICATES OF COMPLIANCE

6. BID GUARANTEE

7. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS

8. RECORD DRAWINGS

9. VARIATION IN ESTIMATED QUANTITY

10. PHYSICAL DATA

11. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

12. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

13. ALTERATIONS IN CONTRACT

14. AVAILABILITY AND USE OF UTILITY SERVICES

15. LAYOUT OF WORK

16. FIELD OFFICE

17. HOUSEKEEPING

18. QUANTITY SURVEYS

19. SUPERINTENDENCE BY THE CONTRACTOR

20. SCHEDULING AND DETERMINATION OF PROGRESS

21. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

22. SUBMISSION OF CLAIMS

23. PROGRESS PAYMENTS

24. PERFORMANCE EVALUATION OF CONTRACTOR

25. SAFETY AND HEALTH REQUIREMENTS MANUAL

26. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

27. DAMAGE TO WORK

28. ENVIRONMENTAL LITIGATION

29. LABOR-ADDITIONAL REQUIREMENTS

30. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

31. TIME EXTENSION

32. VEHICULAR AND OTHER SAFETY CONTROL

33. PRE-CONSTRUCTION CONFERENCE

34. VERIFICATION OF SMALL BUSINESS UTILIZATION

35. COORDINATION CONFERENCES

36. CONTRACTOR WORKING HOURS

37. STATE/LOCAL INCOME TAXES

00 80 00.00 18 - 2

38. GOVERNMENT RESIDENT MANAGEMENT SYSTEM

39. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

40. INSURANCE PROCURED BY CONTRACTOR

41. PRICING OF ADJUSTMENT

42. SITE INSPECTION

43. PROTECTION OF EXISTING STRUCTURES

44. CRANE AND DRAGLINE SAFETY REQUIREMENTS

45. STRUCTURE DESIGN LIVE LOADS

46. VILLAGE OF TUCKAHOE IN-KIND CREDIT ITEMS & SERVICES /

SEQUENCE OF CONSTRUCTION

00 80 00.00 18 - 3

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed. ii) Prosecute the work diligently and (iii) complete the entire work ready for use not later than 365 calendar days from receipt of Notice to Proceed. (iv) If Option #1, Option #2, Option #3 and Option #4 are to be awarded, they shall be awarded within 45 calendar days from issuance of the Base Bid NTP date and no additional time shall be added to contract. The time stated for completion shall include the final cleanup of the premises. (FAR 52-212-3)

b. Location: The site of the work is located at Yonkers Avenue, Village of Tuckahoe, New York.

c. The Contractor shall furnish all labor, materials, equipment, and services for the streambank protection for Yonkers Avenue, Village of Tuckahoe, New York.

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail to his supervision, direction, and instructions. (DoD FAR Supplement 52.236-7014)

e. Magnitude of Construction Project: The estimated value of the proposed work is between $1,000,000 and $5,000,000.

2. GENERAL CONDITIONS

(1) No guarantee to the accuracy of the reference documents is provided herein and the

Contractor shall rely on his own field verification for items so required.

(2) Sections, details, notes, dimensions and conditions are applicable at any other location where conditions and details are similar but are not specifically noted as such or are not shown.

(3) The Contractor prior to construction and fabrication of construction materials shall verify existing conditions and dimensions.

(4) If, during the performance of the work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall report to the Contracting Officer Representative in writing at once. Before proceeding with the

00 80 00.00 18 - 4 work affected thereby, the Contractor shall obtain a written interpretation or clarification from the Contracting Officer Representative. Work done before the Contracting Officer Representative renders his decision is at the Contractor's sole risk.

(5) The work shall be performed in a general sequence developed by the Contractor and submitted to the Contracting Officer Representative for review, in accordance with the requirements of the Contract. The Contractor is solely responsible for the means and methods of construction and for the sequences and procedures to be used.

(6) The Contractor shall furnish and coordinate plant, labor, supervision, materials, equipment and appliances for demolition and/or construction work in connection with the demolition and/or construction of the structure.

(7) The Contracting Officer Representative has secured certain permits required by

Federal and State Authorities for the proposed activities. It is the responsibility of the Contractor to perform the work in accordance with the terms and conditions of the permits. The Contractor shall post copies of the permits at the site throughout the course of the work. The Contractor is responsible to obtain permits associated with the legal disposal of construction debris. The Contractor shall secure required local authorizations and permits.

(8) The Contractor is responsible for preparing all building permit documentation. The

Village of Tuckahoe shall submit and pay all building permit fees.

(9) The Contractor will indemnify and save harmless the Contracting Officer

Representative and Engineer from and against all losses and all claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against the Contracting Officer Representative and Engineer by reason of any act or omission of the Contractor, or of any Subcontractor to the Contractor, or of any person directly or indirectly employed by the Contractor or any such Subcontractor, in the performance of any work for, or the rendering of any services to, the Contracting Officer Representative.

(10) The Contractor agrees that, at its own cost and expense, it shall procure and continue in force; insurance coverage as required by the Contracting Officer Representative. Such insurance shall be written by a company or companies authorized to engage in the business of general liability insurance in the State in which the demised premises are located, and there shall be delivered to the Contracting Officer Representative with the bid, customary certificates evidencing such paid-up insurance, which certificates are to be issued by the insurance companies. Good and reasonable companies, reasonably acceptable to the Contracting Officer Representative, shall write such insurance.

00 80 00.00 18 - 5

(11) The Contractor shall be solely responsible for the accuracy of locations, dimensions, and levels and no pleas as to instructions or order received from other sources other than information contained on the Contract Drawings, Specifications or in written orders of the Contracting Officer Representative or shall justify departure from the dimensions and elevations required by the Contract Drawings.

(12) The Contractor shall take his own measurements at the site, verifying the same with the Contract Drawings and existing facilities, and will be held responsible for the proper fit and alignment of completed work in position.

(13) The Contractor shall guarantee to the Contracting Officer Representative materials and workmanship against original defects, or against injury from proper and usual wear when used for the purposed intended, for twelve (12) months after date of final payment certifications, and shall maintain items in perfect condition during the period of guarantee. Defects appearing during the period of guarantee shall be made good by the Contractor at his expense upon demand of the Contracting Officer Representative; it being required that work shall be in perfect condition when the period of guarantee shall have elapse. In the event of default by the Contractor, the Company shall have the right to make good defects and bill the Contractor cost plus 15% for administration fees.

(14) The Contractor is responsible to provide and maintain utilities he deems necessary to affect the work.

(15) The Contractor shall provide field engineering services required for proper completion of the work including, but not necessarily limited to: establishing and maintaining lines and levels; structural design of shores, forms, and similar items provided by the Contractor as part of his means and methods of construction.

(16) The Contractor shall provide and maintain at his expense required fire protection systems and devices as necessary to safely perform the work in accordance with the applicable regulations. It shall be operational throughout the period of construction.

(17) The Contracting Officer Representative shall have the right to withhold without penalty payment describe above, or sections referenced herein, for completed work should the Contractor fail to meet obligations or requirements of the contract.

Withheld payments shall be promptly made upon the Contractor's full compliance with the contract.

(18) Comply with local, state, and federal requirements for protection of the environment during the work. Not later than 21 days following award of contract, submit a comprehensive plan describing the means and methods to be employed for protection, containment, and clean up. Ensure that personnel are properly trained and that sufficient equipment and material are readily available for use if required.

Abide by State and Federal spill reporting requirements.

00 80 00.00 18 - 6

(19) The Contracting Officer Representative reserves the right to charge the Contractor for additional engineering services if required due to the Contractor's actions or inactions.

(20) The Contractor is solely responsible for the safety of his operations. The

Contractor shall take reasonable precautions for the safety of, and shall provide reasonable projection to prevent damage, injury, or loss to persons employed by the Contractor in performance of the work, and persons nearby that may be affected by the Contractor's operations or the work, including equipment and materials which will be incorporated in the work, and other properties and structures at the site, or on adjacent properties.

(21) Obstructions are defined as unforeseen objects, which impede progress. Objects, which are made known to the Contractor, will not be considered to be obstructions.

Notify the Contracting Officer Representative immediately upon encountering unforeseen objects. No consideration will be given for additional compensation on this account without this timely notification.

(22) Substitutions may be furnished for materials specified herein provided the

Contractor secures acceptance from the Contracting Officer Representative.

3. LIQUIDATED DAMAGES - CONSTRUCTION (APR 1984)

a. If the Contractor fails to complete the work within the time specified in the Contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $835.00 for each day of delay.

b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

(FAR 52.212-5)

4. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS

(1984 APR)

Notwithstanding the clause of this contract entitled "Subcontracts" the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

00 80 00.00 18 - 7

5. CERTIFICATES OF COMPLIANCE

Any Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificate shall be signed by an official authorized to certify in 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. (ECI 7- 670.3)

6. BID GUARANTEE

See Bid Guarantee Clause of Section 00700, CONTRACT CLAUSES.

7. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (52.236-7001)

See Contract Drawings, Maps and Specifications Clause of Section 00700, CONTRACT CLAUSES.

See Index of Drawings for the list of drawings.

8. RECORD DRAWINGS

Also see Section 01 12 00.00 18 RECORD DRAWING REQUIREMENTS for more details.

a. General: The Contractor will maintain as-built drawings during the construction period and will submit final record drawings at the completion of individual facilities. The Government will provide to the Contractor the CAD (Computer-Aided Drafting) files consisting of compact (computer) disks or magnetic media of the drawing files in the appropriate CAD format (i.e. “Microstation”, “AutoCAD”, etc.) for the project. The Contractor is required to make prints or mylars from the CAD files and continuously maintain drawings to show current as-built conditions for the duration of the construction. Except for updates as indicated below, the Contractor may maintain as-built drawings by marking up drawings by hand or by CAD methods. Scanned drawings will not be acceptable. If the Government cannot provide CAD files for the project drawings, mylar (reproducible) drawings will be provided. The contractor will then be required to comply with all requirements indicated herein by the use of hand drafting.

b. Progress As-built Prints: During construction the Contractor is responsible for maintaining up to date one set of paper prints to show as-built

00 80 00.00 18 - 8 construction conditions. These prints shall be kept current and available on the job site at all times. All changes from the contract plans which are made in the work or additional information which might be uncovered in the course of construction shall be accordingly and neatly recorded as they occur by means of details and notes. The as-built prints will be jointly inspected for accuracy and completeness by the Contracting Officer’s Representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate. Partial payment will be withheld (amount to be determined) if the monthly review of as-built drawings reveals inaccuracies or incompleteness of as-built conditions. Progress as-built drawings shall show the following information, but not limited thereto:

(1) The location and description of any utility lines, valves, or other installations of any kind within the construction area. The location includes dimensions to permanent features. Average depth below surface shall also be indicated. The location of all underground utility lines, valve boxes or other items shall be located using a minimum of two tie-point dimensions. All dimensions must be taken from permanent structures or points that will remain after the construction work is completed.

(2) The location and dimensions of any changes with the building and structure.

(3) Correct grade or alignment of roads, structures or utilities if any changes were made from the contract plans.

(4) Correct elevations if changes were made in site grading

(5) Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including but not limited to fabricated, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.

(6) The topography and grades of all drainage installed or affected as part of the project construction.

(7) All changes, which result from contract modifications.

(8) Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built prints.

(9) Systems designed or enhanced by the Contractor, such as HVAC controls, fire alarm, fire sprinkler and irrigation systems.

(10) All amendments to the contract drawings issued during the solicitation period shall be posted on the as-built drawings.

c. Hand Drafting: If mylars only are provided to the Contractor, they shall be updated using hand drafting. Only personnel proficient in the preparation of

00 80 00.00 18 - 9 engineering drawings to standards satisfactory and acceptable to the Government shall be employed to modify the mylar reproduction drawings or prepare additional new drawings. All additions and corrections to the contract drawings shall be neat, clean and legible, and shall match the adjacent line work and/or lettering being annotated in type, density, size and style. All drafting work shall be done using the same medium (pencil, plastic lead or ink) that was employed on the original contract drawings and with graphic lead on paper base material. The title block to be used for any new as-built drawings shall be similar to that used on the original contract drawings.

d. Protection of Records: The Contractor shall be responsible for the protection and safety of mylars and CAD record until returned to the Contracting Officer.

Any drawings damaged or lost by the Contractor shall be satisfactorily replaced by the Contractor at his expense.

e. 50% As-Built Update: At the 50% point in construction of this project

(as determined by progress payments) the Contractor will update the CAD files of the project drawings in the appropriate CAD program to show as-built conditions as above, and submit an updated computer disk and one set of prints to the Contracting Officer for approval. If mylars only are provided to the Contractor, they shall be updated at this stage using hand-drafting as specified herein, and the Contractor shall submit one set of prints to the Contracting Officer for approval. Any required corrections will be made by the Contractor before payment will be approved for this item. The Contractor must use the updated CAD record or mylar drawings to produce required prints.

f. Preliminary Record Drawing Submittal: At least thirty calendar (30) days before the anticipated date of final acceptance inspection, the Contractor shall deliver two copies of progress prints showing final as-built conditions to the Contracting Officer for review and approval. These prints shall correctly show all the features of the project as it has been constructed, adding such additional drawings as may be necessary.

They shall be printed from the CAD files updated in the appropriate CAD program or from updated mylars if mylars only were provided to the Contractor. Within ten days, the Government will provide the Contractor one set of prints indicating required corrections to the preliminary submittal. Contractor will correct and resubmit within 5 days. Any required subsequent review and re-submission periods will each be accomplished within 5 days. Upon Government approval of the preliminary submittal, the Contractor will prepare final record drawings.

g. Record Drawing Submission: In the appropriate CAD program each drawing shall be marked with the words “RECORD DRAWING AS-BUILT” followed by the name of the Contractor in font which will print at least 3/16” high. All revisions to the original contract drawings will be dated in the revision block. All prints and mylars must be reproduced from the updated CAD files. If mylars only were provided to the Contractor, they shall be hand-lettered or stamped as indicated above, and revisions shown in revision block. A minimum of 5 calendar days before the anticipated date of final acceptance inspection of the project the Contractor shall deliver to the Contracting Officer:

00 80 00.00 18 - 10

Three (3) CD’s (ROM) of CAD files of Record Drawings.

One (1) set of Mylar Record Drawings One (1) copy of prints of Record Drawings.

Failure to make an acceptable submission of Record Drawings will delay the Final Acceptance Inspection for the project and shall be cause for withholding any payment due the Contractor under this contract.

h. Property: All paper prints, reproducible drawings and CAD files will become property of the Government upon final approval. Approval and acceptance of the final record drawings shall be accomplished before final payment is made to the Contractor.

i. Payment: No separate payment will be made for the as-built and record drawings or updating of CAD files required under this contract, and all costs in connection therewith shall be considered a subsidiary obligation of the Contractor.

9. VARIATION IN ESTIMATED QUANTITY (52.211-18)

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 judgment of the Contracting Officer, is justified.

10. PHYSICAL DATA

Information and data furnished or referred to below is furnished for the Contractor's information. However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn there from by the Contractor.

(FAR 52.236-4) (APR 1984)

a. The physical conditions indicated on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather Conditions: Climatological data determined from records of the

National Weather Service Forecast Office, Tuckahoe, New York Weather Station:

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Mean Annual Temperature: 52.2 degrees F Mean Annual Precipitation: 46.46 inches

See Paragraph 30 for time extensions for unusually severe weather.

c. Survey Investigations: The physical conditions indicated on the Contract

Drawings and the Specifications are the result of site investigations by survey. Should any question of discrepancy arise, the condition should be independently confirmed by the Contractor.

d. Transportation Facilities: Roads: The major routes in the immediate vicinity are the Bronx Ricer Parkway and Cross Westchester Expressway. The Contractor shall make his own investigation of available roads for transportation, of loads limits of bridges and roads, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of the work. Any such temporary construction shall be restored to its original conditions.

All costs for the use of existing transportation facilities and obtaining permits, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor. The Contractor shall obtain appropriate transportation permits, if necessary.

11. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

Pursuant to the Contract Clauses in this contract titled "Payments Under Fixed-Price Construction Contracts", materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the Contract Clauses are fulfilled. Payment for items delivered to locations other than the work site will be limited to those materials which have been approved, if required by the technical provisions; those materials which have been fabricated to the point where they are identifiable to an item of work required under this contract. Such payment will be made only after receipt of paid or receipted invoices or invoices with cancelled check showing title to the items in the prime contractor and including the value of materials and labor incorporated into the item.

12. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

a. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data when the government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8,*

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"Construction Equipment Ownership and Operating Expense Schedule," Region 1.

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 or 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 at the time the work was performed shall apply.

(* This manual can be ordered from the Government Printing Office by calling Tel. No.

(202) 783-3238. There is a charge for the manual.)

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices.

Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repair and overhaul are unallowable.

c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." 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. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

13. ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

Add the following sentence to paragraph "g" of basic contract clause, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (1984 APR):

"Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted."

Alt.1 (APR 1984)(FAR 52.236-21)

14. AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

The responsibility shall be upon the Contractor to provide and maintain at his own expense adequate supply of electricity, water, and sanitary facilities for his use for construction purposes and the use of his construction forces and to install and maintain

00 80 00.00 18 - 13 necessary supply connections for same, but only at such locations and in such manner as may be approved by the Contracting Officer's representative. All installations shall comply with all applicable codes, standards and requirements. Before final acceptance, temporary connections installed by the Contractor shall be removed in a manner satisfactory to the Contractor Officer.

15. LAYOUT OF WORK

a. The plane of reference for elevations is in feet and referenced to Mean Sea Level (MSL), equal to the National Geodetic Vertical Datum (NGVD29) of 1929. Grid System is in feet and is referenced to the North American Datum (NAD83) of 1983, New York East State Plan Coordinate System.

b. From the base lines and bench marks established, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

c. The Contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks until authorized to remove them, and if such marks are destroyed by the Contractor or through his negligence prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

16. FIELD OFFICE (TO BE PROVIDED BY THE VILLAGE OF TUCKAHOE)

a. The Village of Tuckahoe shall furnish, prior to the start of work, a lockable new field office and new equipment for the use of the Contracting Officer.

b. A lease commercial office space is acceptable as the field office.

c. The office shall be located in close proximity to the project site and be approved by the Contracting Officer’s Representative.

d. The following shall be submitted for approval:

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Equipment and Services:

No separate payment shall be made for providing the items below and all costs in connection therewith will be considered the obligation of the Village of Tuckahoe.

- Office space shall be a minimum of 500 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operable windows with screens.

- One (1) enclosed bathroom with hot and cold water.

- One (1) enclosed office of minimum dimensions of 12 feet x 12 feet.

- One (1) office desk with lockable drawers (60 inches x 30 inches) laminated top and high-back cloth swivel chairs.

- Two (2) fire-proof, 4-drawer, legal-size lockable filing cabinets.

- One (1) shelf sets, four-shelves high x 12 inches deep x 3 feet long (attachable to wall).

- One (1) straight high back office chairs with wheels.

- One (1) bulletin board, 3 feet x 5 feet.

- One (1) wastebasket with supply of bags.

- One (1) vertical filing plan rack for twelve sets of E-size plans.

- One (1) drafting table for E-size drawings and chair.

- One (1) coat rack.

- One (1) paper towel dispenser with towels.

- One (1) paper cup dispenser with cups.

- One (1) water cooler/heater with water.

- One (1) steel locking storage cabinet.

All structures installed under this paragraph FIELD OFFICE shall be provided with, as a minimum, the following services:

• Lighting: electric light, non-glare type luminaries to provide a minimum illumination level of 50-foot candles at desk height level.

• Heating and Cooling: adequate equipment to maintain an ambient air temperature of 70 degrees F +/- 3 degrees.

• Window Blinds.

• Potable bottled water.

• Fire Extinguisher: non-toxic, dry chemical, fire extinguisher meeting

• Underwriters Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A; 20B, 10C.

• Toilets: At least one (1) enclosed room power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and flush-type toilet.

• DSL or Cable Modem Service: Business DSL or cable modem service with all required equipment (modems, filters, Ethernet NIC cards, etc.)

shall be provided for the entire duration of the contract. DSL service shall be 1.5Mbps downstream/ 384Kbps upstream. Service shall utilize a Static IP address for the connection. The Village of Tuckahoe shall pay all costs

00 80 00.00 18 - 15 associated with this service including any ISP fees. DSL or Cable Modem service shall be a ‘dedicated’ service, and this line shall not be shared with any other Users (i.e., Contractors Field Office Trailer and USACE Field Office shall not utilize the same DSL or Cable Modem line via an Ethernet Switch/Hub). All field office computers shall be provided with and have installed all required equipment (Switch, Hub, Ethernet NIC Cards, modems, etc.)

• The Village of Tuckahoe shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment.

- Janitorial services on a weekly including, but not limited to, sweeping, emptying baskets, weekly mopping, dusting all surfaces, servicing of toilets and washing cleaning all windows (inside and out) and re-supply of paper goods and soap.

- Sufficient supply of electrical outlets meeting NEC code for residential construction.

- First Aid Kit: As a minimum the kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack. Fire extinguisher.

- The field office shall be removed from the project site when and as directed by the Contracting Officer

- Provide Printer / Scanner / Fax Machine – All in one

- Bulletin Board: Immediately upon beginning of work under this contract, the Village of Tuckahoe shall provide at the job site a weatherproof glass-covered bulletin board for displaying the fair employment poster, wage rates, and safety bulletins and posters. Emergency telephone numbers and reporting instructions for ambulance, physician, hospital, fire and police shall be posted. The bulletin board shall be located in a conspicuous place easily accessible to all and legible copies of the aforementioned data shall be displayed until work under the contract is completed. No direct payment will be made for the bulletin board.

17. HOUSEKEEPING

At the Contractor's expense, the Contractor's working area shall be cleaned by him on a day-to-day basis, with rubbish removed from the site and work areas cleaned at the end of each day. At the final completion of the project, the Contractor shall leave the entire premises, within the site of his operations, clean and free from any rubbish resulting from his construction operations.

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18. 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 Government 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 done by a New York licensed surveyor subject to approval by the Contracting Officer.

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 or his representative. (FAR 52.236 16)

19. SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

20. SCHEDULING AND DETERMINATION OF PROGRESS

Pursuant to the Contract Clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, the Contractor shall prepare and submit for approval a practicable project schedule. The type of schedule and detailed requirements as well as timing of this submittal shall be as specified in specification section "PROJECT SCHEDULE".

This schedule will be the medium through which the timeliness of the Contractor's construction effort is appraised. When changes are authorized that result in contract time extensions, the Contractor shall submit a modified schedule for approval by the Contracting Officer.

The terms of Contract Clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra shifts, etc., may be invoked when the Contractor fails to start or complete work features or portions of same by the time indicated by the milestone dates on the approved project schedule, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met.

Neither on the project schedule as originally submitted nor on any updated periodic schedules which the Contractor is required to prepare and submit, shall the actual

00 80 00.00 18 - 17 progress to be entered include or reflect any materials which even though on the site, are not yet installed or incorporated in the work. For payment purposes only, an allowance will be made by the Contracting Officer of up to 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to…

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