Specs.pdf

NEW YORK DISTRICT

Green Brook Sub-Basin of the Raritan River

Segment U Emergency Streambank Restoration and Segment T East Street Closure Gate Block and Tackle

Borough of Bound Brook, New Jersey

Specifications

Small Business Set-Aside

COVER SHEET

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Green Brook Sub-Basin of the Raritan River Segment U Emergency Streambank Restoration

And Segment T East Street Closure Gate Block and Tackle

Borough of Bound Brook, New Jersey

1. Attached is INVITATION FOR BIDS (IFB) No.

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 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.

COVER SHEET

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.

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

CHECKLIST - 1

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BIDS NO.

CHECK LIST FOR BIDDERS

ATTACHED IS IFB No. W912DS-

GREEN BROOK SUB-BASIN OF THE RARITAN RIVER

SEGMENT U EMERGENCY STREAMBANK RESTORATION AND

SEGMENT T EAST STREET CLOSURE GATE BLOCK AND TACKLE

BOROUGH OF BOUND BROOK, NEW JERSEY

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.)

CHECKLIST - 2

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

FIGURES LEGIBLE?

__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 IS A 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 ARE RESPONSIBLE

TO ENSURE THAT THEIR BID IS SUBMITTED TIMELY.

Green Brook Seg U Emergency Streambank Restoration & Seg T East St. Closure Gate Block and Tackle

MTOC - 1

MAIN TABLE OF CONTENTS

SECTION TITLE

00010 SF 1442 AND BIDDING SCHEDULE

00100 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00 SPECIAL CONTRACT REQUIREMENTS

LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

00 90 00 WAGE RATES

00 90 01 CRITICAL LIFT PLAN

00 90 02 PERMITS

00 90 03 NATIONAL BALD EAGLE MANAGEMENT GUIDELINES

DIVISION 01 GENERAL REQUIREMENTS

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 31 10.00 18 PROJECT SCHEDULE: BAR CHART

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 18 CONTRACTOR QUALITY CONTROL

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 55 00.00 18 MAINTENANCE AND PROTECTION OF TRAFFIC

01 57 19.00 20 TEMPORARY ENVIRONMENTAL CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORMWATER POLLUTION CONTROL

01 78 00.00 18 CLOSEOUT SUBMITTALS

TECHNICAL PROVISIONS

Green Brook Seg U Emergency Streambank Restoration & Seg T East St. Closure Gate Block and Tackle

MTOC - 2

05 50 16 BLOCK AND TACKLE SYSTEM

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

31 11 00 CLEARING AND GRUBBING

32 31 00.00 10 FENCING

32 92 19 SEEDING

35 31 19 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR

STRUCTURES

35 41 00 LEVEE CONSTRUCTION

Segment U Emergency Streambank Restoration and Segment T East Street Closure Gate Block and Tackle

BID SCHEDULE

Item Quantity Unit Unit Price Amount

0001 1 JOB LS

All work to construct bendway weirs, placement of additional fill and riprap revetment, and channel realignment involving excavating shoaling areas and channel bottom widening along Middle Brook, disposal of materials off site, and modification to an existing closure gate at East Street to add a block and tackle system, in accordance with the drawings and specifications.

0002 1 EA LS

New Jersey Department of Environmental Protection (NJDEP), Somerset County, and Borough of Bound Brook Liability Insurance. The amount bid will be the maximum amount payable.

Actual payment will be based on actual costs.

TOTAL BASE BID AMOUNT (CLINS 0001-0002) $_____________

Green Brook Segment U Emergency Streambank Restoration & Segment T East Street Closure Gate Block

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SECTION 00 80 00

SPECIAL CONTRACT REQUIREMENTS

Index

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

2. LIQUIDATED DAMAGES - CONSTRUCTION

3. CERTIFICATES OF COMPLIANCE

4. BID GUARANTEE

5. CONTRACT DRAWINGS AND SPECIFICATIONS

6. RECORD DRAWINGS

7. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

9. AVAILABILITY AND USE OF UTILITY SERVICES

10. LAYOUT OF WORK

11. FIELD OFFICE

12. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

13. SUPERINTENDENCE OF SUBCONTRACTORS

14. SCHEDULING AND DETERMINATION OF PROGRESS

15. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

16. SUBMISSION OF CLAIMS

17. PROGRESS PAYMENTS

18. SAFETY AND HEALTH REQUIREMENTS MANUAL

19. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

20. DAMAGE TO WORK

21. LABOR-ADDITIONAL REQUIREMENTS

22. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

23. VEHICULAR AND OTHER TRAFFIC CONTROL

24. STORAGE AREAS

25. PRECONSTRUCTION CONFERENCE

26. COORDINATION CONFERENCES

27. CONTRACTOR WORKING HOURS

28. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

29. INSURANCE PROCURED BY CONTRACTOR

30. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QAS) MODULE

31. SOIL EROSION AND SEDIMENT CONTROL PERMIT

32. QUANTITY SURVEYS (APR 1984)

33. CRANE AND DRAGLINE SAFETY REQUIREMENTS

34. (S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

35. AS-BUILT CONDITIONS SURVEY

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SECTION 00800

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 work in the ready for use, not later than 150 calendar days for the work specified, after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises except in case the Contracting Officer determines that seeding is not feasible during the construction period (FAR 52.211-10). The Contractor shall accomplish such seeding in the first planting period as specified in Paragraph 3.1.1 of Section 32 92 19 following the contract completion date.

b. Location: The site of work is located in the Borough of Bound Brook, Somerset County, New Jersey.

c. The Contractor shall furnish all labor, materials, equipment and services (except those furnished by the Government) for the following:

- construction of emergency streambank restoration measures including bendway weirs, stone revetment blanket, bedding material, shoal removal and placement of fill material along Middle Brook at the Segment U area.

- construction of a block and tackle system at the East Street closure gate of the Segment T area.

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.

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

2. LIQUIDATED DAMAGES - CONSTRUCTION

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 amount of $928 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

00 80 00 - 3 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 52.211-12)

b. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punchlist") is completed no later than 30 days from the date of transfer. In this case the Contractor shall pay liquidated damages for punchlist items not completed in the daily amount of $186 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

3. CERTIFICATES OF COMPLIANCE

Any Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies and delivered to the Contracting Officer. 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)

4. BID GUARANTEE

See Bid Guarantee Clause of Section 00700, CONTRACT CLAUSES.

5. CONTRACT DRAWINGS AND SPECIFICATIONS

See Section 00700, CONTRACT CLAUSES.

6. RECORD DRAWINGS

- See Section 01 78 00.00 18 CLOSEOUT SUBMITTAL for detailed requirements.

- See Section 01 12 00.00 18 DESIGN AND RECORD DRAWING

REQUIREMENTS for CADD standards and compliance.

00 80 00 - 4

7. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

Pursuant to the Contract Clauses in this contract titled "Payments Under Fixed-Price Construction Contracts" (FAR 52-235-5), 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.

8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See USACE Acquisition Instructions (UAI) 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) 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 for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of 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 retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. 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 SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

00 80 00 - 5

(End of paragraph)

9. 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 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.

10. LAYOUT OF WORK (FAR 52.236-17)

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 from the base lines and benchmarks established by the Government. 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, 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.

11. FIELD OFFICE

Prior to the start of work, the Contractor shall provide the Government a field office and new equipment for official use by Government staff. Field office and equipment provided by the contractor remain the property of the contractor. The field office shall be located as directed by the Contracting Officer. The field office shall be removed from the project site when, and as, directed by the Contracting Officer. All items below shall be submitted for approval:

Office Requirements:

- A leased commercial office space is acceptable as the field office.

- The office shall be located in close proximity to the project site.

- Office space shall be a minimum of 2,400 SF with lockable exterior and 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.

00 80 00 - 6

- Partitioned open flat area to accommodate three (3) office cubicles.

- Conference/meeting area having a minimum of 900 SF.

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

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 Contractor.

- Two (2) enclosed bathroom with hot and cold water, designated for the office areas.

- Four (4) office desks with lockable drawers (60 inches x 30 inches), laminated top and high-back cloth swivel chairs.

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

- Two (2) shelf sets, four-shelves high x 12 inches deep x 3 feet long (attachable to wall).

- One (1) 21” Color TV with basic cable service with the Weather Channel included.

- Wall TV/VCR swivel mount with outlet surge protector.

- Three (3) office conference tables, 2-1/2 feet by 8 feet with laminated top oval configuration.

- Eight (8) straight high back office chairs with wheels.

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

- Four (4) wastebaskets 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.

- Three (3) office tables, 3 feet x 8 feet with laminated top.

- Two (2) coat racks.

- One (1) paper towel dispenser with towels.

- One (1) paper cup dispenser with cups.

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

- Toilet facilities as specified.

- One (1) steel locking storage cabinet.

- The contractor is responsible for providing the office supplies the following items, but not limited to: toilet paper, paper towel, multipurpose paper, pens, note pads, and general office supplies.

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

• Lighting: electric light, non-glare types 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 for the water cooler/heater

00 80 00 - 7

• 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: two separate enclosed rooms power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and flush-type toilet

• 24-hour electronic security alarm system with direct feed to local police

• DSL or Cable Modem Service: Business DSL or cable modem service with all required equipment (modems, router, 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. Contractor shall pay all costs 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 Trailer 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 contractor shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment.

• Janitorial services on a daily basis including, but not limited to, sweeping, emptying baskets, weekly mopping, dusting all surfaces, servicing of toilets and washing and waxing floors, 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.

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

- Digital Camera: One (1) digital camera Kodak DC22 (or equal) 028 to 105 zoom compact with propriety software established to be legal court documents with case, spare battery and memory card, computer interface and program and desk charger.

- Telephone: Five telephones: 3 separate telephones with extension and intercom connection, a separate cordless station phone 900 MHz (2) line (total 4 units).

Telephone shall be two lines with twenty number memories. Phone service shall be applied in the Contractor’s name and itemized bills paid by the Contractor.

Installation and phone company fees shall be paid by the Contractor. The Contractor shall arrange for the telephone service and instrument as follows:

• 2 lines with 4 instruments, 5 jacks, for voice communication and intercom.

• 1 line dedicated for use by fax machines.

- Telephone Answering Machine: One 2-line digital telephone answering machine with remote answering and access capability and voice time/day stamp.

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- Contractor shall provide wireless/wired all-in-one color laser with printer, copier, scanner with producing pdf files, 2-sided duplex, ADF, fax with air print capability. Provide copy paper and toner cartridges as needed.

- Secure the trailer complex by an 8-foot high chain link fence. The secured area shall be able to accommodate 12 automobiles. Provide a lockable gate with the fence and security light in the trailer complex.

- Three (3) Heavy-Duty Rechargeable Flashlight Systems; Rechargeable flashlight, charging cradle, rechargeable NiMH battery (or equivalent), 12 volt adapter, and 120 volt A/C converter with a minimum output of 240 Lumens

12. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

(7-2005)

Not Used.

13. SUPERINTENDENCE OF SUBCONTRACTORS

a. The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clause titled, "SUPERINTENDENCE BY THE

CONTRACTOR".

(1) If more than 50% and less than 70% of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

(2) If 70% or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

b. If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made. (DoD FAR Supplement 52.236-7008)

14. 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

00 80 00 - 9 construction effort is appraised. When changes are authorized that result in contract time extensions, 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 milestones 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 be actual 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 Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. The making of such an allowance will be contingent upon a determination by the Contracting Officer that the Contractor's compliance with the quality control requirements of the contract is more than satisfactory.

15. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACTS

PAYMENTS (FAR 252.236-7008)

In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FlXED-PRICE CONSTRUCTION CONTRACTS" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100- 496, the following shall apply to all payments made under this contract:

a. At the time of submission of the progress chart, the contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative shall review this breakdown within 30 calendar days after receipt and either advise the contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall any payment invoice be accepted from the contractor and any payment made to him. The Contracting Officer can determine if it is in the best interest of the Government to make payment without an approved breakdown, however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved.

b. The contractor shall submit his request for payment by submission of a proper invoice to the office or Person(s) designated in subparagraph (c). For purposes of payment a "proper invoice" is defined as the following:

(1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs.

00 80 00 - 10

(2) A properly completed Eng Form 93 and 93a (where required).

(3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc.

(4) The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be either a corporate officer, partner, or owner, in the case of a sole proprietorship

I hereby certify, to the best of my knowledge and belief, that –

(a) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract;

(b) Payments to subcontractors and suppliers have been made form previous payments received under the contract and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract requirements and the requirements of Chapter 39 of Title 31, Untied States Code; and

(c) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract.

(d) All required prime and subcontractor payrolls have been submitted.

(Name)

(Title)

(Date)

c. The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be so notified at the pre-construction conference. In addition to the designated Project Engineer, the Contractor shall at the same time submit one copy of the detailed breakdown and the Eng Form 93 and 93a Form to the Area Engineer.

00 80 00 - 11

d. The Government representative shall return any request for payment which is deemed defective within 7 days of receipt and shall specify the defects. If the defect concerns a disagreement as to the amount of work performed and or the amount of the payment being submitted, the Government and the Contractor’s representative should meet to resolve the difference and reach agreement. Upon agreement, the Contractor shall submit a new breakdown and Eng Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS and process the payment accordingly. In this event, a “proper invoice” for Prompt Payment Act purposes will not have been submitted to the Government.

f. The Government shall pay the Contractor in accordance with the following time frames:

(1) Progress Payments. From the date a “proper invoice” is received, in accordance with subparagraphs b and d of this clause, the Government will issue a check with 14 calendar days.

(2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 14 calendar days after the approval of the release to the Contractor by the Contracting Officer or his authorized representative.

(3) Final Payment. A final payment request shall not be considered valid until the Contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the Contractor has fulfilled all contract requirements and a “proper invoice” has been submitted, the Government shall issue a check within 14 days from the date of acceptance o the project by the Contracting Officer.

16. SUBMISSION OF CLAIMS

The following shall be submitted to the Contracting Officer at the following address:

U.S. Army Corps of Engineers, Room 1843, New York District, 26 Federal Plaza, New York, New York 10278-0090:

a. claims referencing or mentioning the Contracting Disputes Act of 1978

b. requests for a written decision by the Contracting Officer

c. claims certified in accordance with the Contract Disputes Act of 1978

No other Government representative is authorized to accept such requests. A copy shall also be provided to the Authorized Representative of the Contracting Officer.

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The Contractor shall also provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days.

17. PROGRESS PAYMENTS

See FAR Clause 52.232-16 PROGRESS PAYMENTS for any item of work in the bid schedule.

18. SAFETY AND HEALTH REQUIREMENTS MANUAL

The Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. The latest edition of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at (http://www.usace.army.mil (at the HQ Homepage select Library, select Publications then select Engineering Manuals). Contractor shall be responsible for complying with the current edition and all changes posted on the web as of effective date of this solicitation.

Before commencing the work, the Contractor shall: (1) Submit a written proposal for implementing the Accident Prevention Plan; and (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

19. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

The Contractor shall not inflict damage upon land and properties outside the authorized construction area by unwarranted entry upon, passage through, damage to, or disposal of, material on such land or property. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations.

20. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the article of the contract clause entitled "PERMITS AND RESPONSIBILITIES".

However, if in the judgment of the Contracting Officer, any part of the permanent work http://www.usace.army.mil/

00 80 00 - 13 performed by the Contractor is damaged by flood, earthquake, hurricane, severe coastal storm or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will 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 not applicable contract unit or lump-sum prices. Except as herein provided, damage to all work, utilities, materials, equipment, and plant, including temporary construction and utilities, pavements, and other property along the routes used by the Contractor's pipelines and/or land vehicles, shall be repaired to the satisfaction of the Contracting Officer, the State of New Jersey, and the utilities companies, at the contractor's expense regardless of the cause of such damage.

21. LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll.

22. TIME EXTENSIONS FOR UNUSALLY SEVERE WEATHER

Notwithstanding any other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. (FAR 52.212-6)

1. This provision 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:

a. 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.

b. 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.

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2. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations.

The contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(12) (13) (4) (2) (1) (1) (1) (1) (1) (1) (1) (6)

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor’s scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2, 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)”.

23. VEHICULAR AND OTHER TRAFFIC CONTROL

The Contractor shall be required to provide and maintain barriers, flagmen and warning devices during construction and hauling operations, which may interfere with vehicular and other traffic. The Contractor shall also be required to effect necessary traffic control as required by the appropriate agencies. All safety precautions shall be subject to the approval of the Contracting Officer.

24. STORAGE AREAS

The Contractor may store his required materials and equipment within the "Construction Limits and Access Area" shown on the drawings. No storage will be allowed outside the designated work limits and the Contractor shall make his own arrangements with parties or agencies involved for storage areas outside the work limits.

25. PRECONSTRUCTION CONFERENCE

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a. The Contracting Officer, or his Representative, will arrange a preconstruction conference after award of contract and before commencement of work. The Contracting Officer’s representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters.

Additionally, a schedule of required submittals will be discussed.

b. The Contractor shall bring to this conference the following items in either completed or draft form:

- The Contractor’s order of work

- Accident Prevention Plan

- Quality Control Plan

- Letter appointing Superintendent

- List of subcontractors, if any

26. COORDINATION CONFERENCES

Routine coordination conferences will be scheduled by the Contracting Officer throughout the life of this contract. Coordination conferences will be held to discuss contract administration, Contractor quality control, phasing, scheduling, and other aspects relating to this construction. The Corps of Engineers and the Contractor will be represented at each of these meetings. Similar information concerning replacement personnel shall be forwarded to the Contracting Officer, should any replacement be required at any time during the life of this contract. Coordination conferences will be scheduled to occur on a weekly basis.

27. CONTRACTOR WORKING HOURS

Normal Contractor working hours shall be 7:00 A.M. to 4:00 P.M., Monday through Friday. No work will be permitted at night or on the weekend, except when specifically authorized by the Contracting Officer. No work will be permitted on Federal and State legal holidays. The Contractor shall comply with paragraph 01.c.04 of EM 385-1-1, the U.S. Army Corps of Engineers Safety and Health Requirements Manual, in effect on the date of this solicitation.

28. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

a. The Contractor shall construct three signs: one for project identification, one to show on-the-job safety performance, and one public safety sign. Sample sign drawings together with mounting and fabrication details are provided at the end of this section.

The signs shall be erected within 15 calendar days after the date of Notice to Proceed.

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The project identification and safety performance signs are to be displayed side-by-side and mounted for reading by passing viewers. The public safety sign shall be the same size as the project signs. The Contracting Officer will designate exact placement locations.

Panels are fabricated using HDO (High Density Overlay) plywood with dimensional lumber uprights and bracing. The sign faces are non-reflecting vinyl. All legends are to be die-cut or computer-cut in the sizes and type-faces specified and applied to the white panel background following the graphic formats shown on the attached sheets. The Communications Red panel on the left side of the construction project sign with Corps signature (reverse version) is screen printed onto the white background.

b. The Contractor shall maintain the signs in good condition throughout the construction period. No separate payment will be made for erecting and maintaining the signs and all costs in connection therewith will be considered the obligation of the Contractor. Upon completion of the project, the Contractor shall remove the signs from the project site.

29. INSURANCE PROCURED BY CONTRACTOR

a. The Contractor shall procure and maintain during the entire period of this performance under this contract the attached insurance policies:

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for Broad Form Property Damage. Such coverage shall not contain any environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the State of New Jersey, the Borough of Bound Brook, and Somerset County as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(4) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to the State of New Jersey Department of Environmental Protection, Borough of Bound Brook, and Somerset County prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal

00 80 00 - 17 policies replacing any policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substances of this clause, including paragraph c., in all subcontracts hereunder.

30. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND

CONTRACTOR QUALITY CONTROL SYSTEM (QCS) MODULE

The Government will utilize an in-house Contract Administration program entitled “Resident Management System” (RMS). The Contractor shall utilize a Government furnished Quality Control System (QCS) Programming Module. See Section 01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS) for requirements.

31. SOIL EROSION AND SEDIMENT CONTROL PERMIT

The Contractor shall be responsible for developing a site-specific sediment and erosion control plan designed for the specific method(s) of construction preferred by the Contractor for each element of construction. All work shall be in accordance with standards for soil erosion and sediment control in New Jersey. Best Management Practices as shown on the plans are intended as the minimum measures to be incorporated into the plan. Prior to commencement of the work, the Contractor shall be required to obtain a Soil Erosion and Sediment Control Permit for all work under this Contract from:

Somerset-Union Soil Conservation District Somerset County 4-H Center 308 Milltown Road Bridgewater, NJ 08807

The Contractor shall comply with all requirements of the permit for the duration of the Contract.

32. QUANTITY SURVEYS (APR 1984)

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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 surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.

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's representative. (FAR 52.236-16)

33. CRANE AND DRAGLINE SAFETY REQUIREMENTS

In addition to meeting all applicable requirements of OSHA standards and Section 16 of the U. S. Corps of Engineers Manual, "Safety and Health Requirements", EM 385-1-1, dated 15 September 2008, all cranes used in performing the work set forth in these specifications shall be equipped with geared boom hoists or otherwise provided with mechanisms which will prevent the booms from failing free. Cranes that are equipped with booms that can be lowered either by gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity.