W912DS-14-R-0006_Specs_Step_1_FIO.pdf

NEW YORK DISTRICT

Caven Point Marine Terminal

Jersey City, New Jersey

100% Design

Specifications

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Caven Point Marine Terminal, Jersey City, New Jersey

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TABLE OF CONTENTS

Section Title

00010 SF 1442 and Bidding Schedule

00 21 00 Instructions, Conditions, and Notice To Bidders (to be provided by Contracting Division) 00 22 10 Phase one of two phase design/build selection procedures 00 22 20 Phase two of two phase design/build selection procedures

00 60 00 Representations and Certifications And Other Statements Of Bidders (to be provided by Contracting Division)

00 72 00 Contract Clauses (to be provided by Contracting Division) 00 73 00 Wage Rates (to be provided by Contracting Division)

00 80 00 Special Contract Requirements

TECHNICAL PROVISIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 10 PROJECT DESCRIPTION AND DESIGN REQUIREMENTS

01 12 00 DESIGN SUBMISSION REQUIREMENTS AFTER AWARD

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 33 29 LEED(TM) DOCUMENTATION

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 35 45.00 10 CHEMICAL DATA QUALITY CONTROL

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 45 20.00 18 TESTING FOR MECHANICAL AND ELECTRICAL SYSTEMS

01 52 60.00 18 CONSTRUCTION INDOOR AIR QUALITY (IAQ) MANAGEMENT

01 57 00 ACCESS ROADS AND STAGING AREA

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 62 35 RECYCLED/RECOVERED/BIOBASED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00.00 18 CLOSEOUT SUBMITTALS

01 78 23.00 18 OPERATION AND MAINTENANCE DATA

01 91 10 GENERAL COMMISSIONING REQUIREMENTS

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DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION

02 61 13 EXCAVATION AND HANDLING OF CONTAMINATED

MATERIAL

02 81 00 TRANSPORTATION AND DISPOSAL OF HAZARDOUS

MATERIALS

02 82 14.00 10 ASBESTOS HAZARD CONTROL ACTIVITIES

DIVISION 03 – CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCEMENT

03 30 00.00 10 CAST-IN-PLACE CONCRETE

03 35 00.00 10 CONCRETE FINISHING

03 41 16.08 PRECAST CONCRETE SLABS (MAX. SPAN 8'- 0" O.C.)

DIVISION 04 – MASONRY

04 20 00 MASONRY

DIVISION 05 – METALS

05 05 23 WELDING, STRUCTURAL

05 12 00 STRUCTURAL STEEL

05 21 19 OPEN WEB STEEL JOIST FRAMING

05 30 00 STEEL DECKS

05 40 00 COLD-FORMED METAL FRAMING

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 50 14 STRUCTURAL METAL FABRICATIONS

05 51 00 METAL STAIRS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

05 72 00 DECORATIVE METAL SPECIALTIES

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 20 00 FINISH CARPENTRY

06 41 16.00 10 LAMINATE CLAD ARCHITECTURAL CASEWORK

06 61 16 SOLID POLYMER (SOLID SURFACING) FABRICATIONS

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

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07 08 27.00 10 BUILDING AIR BARRIER SYSTEM TESTING FOR

COMMISSIONING

07 10 00 UNDERSLAB WATERPROOFING BARRIER MEMBRANE

07 12 00 BUILT-UP BITUMINOUS WATERPROOFING

07 13 53 ELASTOMERIC SHEET WATERPROOFING

07 14 00 FLUID-APPLIED WATERPROOFING

07 17 00 BENTONITE WATERPROOFING

07 19 00 WATER REPELLENTS

07 21 13 BOARD INSULATION

07 21 29.00 10 SPRAYED POLYURETHANE FOAM (SPF) INSULATION

07 21 16 MINERAL FIBER BLANKET INSULATION

07 22 00 ROOF AND DECK INSULATION

07 42 13.23 10 ALUMINUM COMPOSITE MATERIAL (MCM) WALL CLADDING

SYSTEM

07 42 29.00 10 TERRA COTTA PANEL WALL CLADDING SYSTEM

07 42 64 FABRICATED WALL BACKUP PANEL ASSEMBLIES

07 53 23 ETHYLENE-PROPYLENE-DIENE-MONOMER ROOFING

07 60 00 FLASHING AND SHEET METAL

07 61 15.00 20 ALUMINUM STANDING SEAM ROOFING

07 72 33.00 10 ROOF HATCHES

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DIVISION 08 – OPENINGS

08 08 00 FACILITY SHELL COMMISSIONING

08 11 13 STEEL DOORS AND FRAMES

08 14 00 WOOD DOORS

08 22 20 FIBERGLASS REINFORCED PLASTIC (FRP) DOORS AND

FRAMES

08 33 23 OVERHEAD COILING DOORS

08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

08 45 23 2-3/4” INSULATED TRANSLUCENT FIBERGLASS SANDWICH

PANEL WALL & PANEL UNIT WALL SYSTEM FOR

WINDBORNE DEBRIS RESISTANCE

08 51 13 ALUMINUM WINDOWS

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

08 91 00 METAL WALL AND DOOR LOUVERS

DIVISION 09 – FINISHES

09 22 00 SUPPORTS FOR GYPSUM BOARD

09 29 00 GYPSUM BOARD

09 30 13 CERAMIC TILING

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09 51 00 ACOUSTICAL CEILINGS

09 68 00 CARPET

09 69 19 STRINGERLESS ACCESS FLOORIN

09 90 00 PAINTS AND COATINGS

DIVISION 10 – SPECIALTIES

10 21 13 TOILET COMPARTMENTS

10 22 13 WIRE MESH PARTITIONS

10 22 39 FOLDING PANEL PARTITIONS

10 26 13 WALL AND CORNER GUARDS

10 28 13 TOILET ACCESSORIES

10 44 16 FIRE EXTINGUISHERS

10 56 13 STEEL SHELVING

DIVISION 11 – EQUIPMENT

11 13 10 DOCK LEVELERS

DIVISION 12 – FURNISHINGS

12 21 24 MagnaShade® BY MECHOSYSTEMS ELECTRONIC ROLLER

SHADE SYSTEM

12 24 13 ROLLER WINDOW SHADES

12 93 00 SITE FURNISHINGS

DIVISION 14 - CONVEYING EQUIPMENT

14 24 00 HYDRAULIC ELEVATORS

DIVISION 21 – FIRE SUPPRESSION

21 12 00 STANDPIPE SYSTEMS

21 13 13.00 10 WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION

21 13 17.00 10 DRY PIPE SPRINKLER SYSTEM, FIRE PROTECTION

21 30 00 FIRE PUMPS

DIVISION 22 – PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

22 08 00 COMMISSIONING OF PLUMBING

22 15 14.00 40 GENERAL SERVICE COMPRESSED-AIR SYSTEMS, LOW

PRESSURE

22 33 30.00 10 SOLAR WATER HEATING EQUIPMENT

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DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST

SYSTEMS

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 08 00 COMMISSIONING OF HVAC

23 11 25 FACILITY GAS PIPING

23 23 00 REFRIGERANT PIPING

23 54 16.00 10 HEATING SYSTEM; GAS-FIRED HEATERS

23 82 02.00 10 UNITARY HEATING AND COOLING EQUIPMENT

DIVISION 25 – INTEGRATED AUTOMATION

25 10 10 BUILDING AUTOMATION SYSTEM (BAS)

DIVISION 26 – ELETRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 08 00 APPARATUS INSPECTION AND TESTING

26 09 26 LIGHTING CONTROL PANELBOARD AND CONTROL DEVICES

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 23 00 SWITCHBOARDS

26 27 13.10 30 ELECTRIC METERS

26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION AND ARC

FLASH HAZARD ANALYSIS

26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS

26 32 14.00 10 DIESEL-GENERATOR SET, STATIONARY STANDBY

APPLICATIONS

26 33 53.00 20 UNINTERRUPTIBLE POWER SUPPLY (UPS)

26 36 23.00 20 AUTOMATIC TRANSFER SWITCHES WITH BY-PASS

26 41 01.00 10 LIGHTNING PROTECTION SYSTEM

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

26 91 10 ELECTRICAL SYSTEMS COMISSIOINING

DIVISION 27 – COMMUNICATIONS

27 05 14.00 10 CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM

27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM

27 51 16 PUBLIC ADDRESS SYSTEM

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

28 23 23.00 10 CLOSED CIRCUIT TELEVISION SYSTEMS

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28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

DIVISION 31 EARTHWORK

31 00 00 EARTHWORK

31 62 23.13 CAST-IN-PLACE CONCRETE PILES, STEEL CASING

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 01 16.17 COLD MILLING OF BITUMINOUS PAVEMENTS

32 01 19 FIELD MOLDED SEALANTS FOR SEALING JOINTS IN RIGID

PAVEMENTS

32 11 23 AGGREGATE AND/OR GRADED-CRUSHED AGGREGATE BASE

COURSE

32 12 10 BITUMINOUS TACK AND PRIME COATS

32 12 17 HOT MIX BITUMINOUS PAVEMENT

32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS

AND SITE FACILITIES

32 14 13 PERMEABLE CONCRETE PAVER

32 17 23.00 20 PAVEMENT MARKINGS

DIVISION 33 – UTILITIES

33 11 00 WATER DISTRIBUTION

33 11 23 NATURAL GAS PIPING

33 30 00 SANITARY SEWERS

33 40 00 STORM DRAINAGE UTILITIES

33 56 10 FACTORY-FABRICATED FUEL STORAGE TANKS

DIVISION 41 – MATERIAL PROCESSING AND HANDLING EQUIPMENT

41 22 13.14 BRIDGE CRANES, OVERHEAD ELECTRIC, TOP RUNNING

Caven Point Marine Terminal, Jersey City, NJ

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SECTION 00 80 00

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this Contract within five (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 730 calendar days after the date the Contractor receives the notice to proceed.

b. Location: The site of work is located in Jersey City, New Jersey.

c. The Contractor shall furnish all labor, materials, equipment and services (except those furnished by the Government) for a new marine terminal.

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 over $10 million.

2. 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 $3,406.00 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)

d. 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 $740.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

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3. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificates 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 certification apply. Copies of laboratory tests 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 satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

4. BID GUARANTEE

See contract clause entitled BID GUARANTEE in Section 00 72 00 CONTRACT CLAUSES.

5. CONTRACT DRAWINGS AND SPECIFICATIONS

See contract clause entitled CONTRACT DRAWINGS AND SPEJCIFICATIONS in Section

00 72 00 CONTRACT CLAUSES.

For a listing of the contract drawings see Index Drawing.

6. RECORD DRAWINGS (6-01 Version)

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

- See Section 01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS for CADD standards and compliance.

7. PHYSICAL DATA

Information and data furnished or referred to below are not intended representations or warranties but are furnished for information only. It is expressly understood that the Government will not be responsible for any deduction, interpretation, or conclusion drawn therefrom by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau station, Elizabeth, New Jersey

Mean Annual Temperature: 54 degrees F.

Mean Annual Precipitation: 46 inches

See paragraph 26 for time extensions for unusually severe weather.

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b. Transportation Facilities: U.S. Route 95, U.S. Route 1/9, NJ Turnpike and Route 22 serve the vicinity of the Project area. The project site is located at the end of Chapel Avenue in Jersey City. A small timber bridge on Chapel Avenue must be crossed to access the site. The bridge has a weight limit of 20 Tons. Chapel Avenue is a private road owned by the Port Liberte Development, weight limits may change. As the contract site is on the Harbor and two sides are a bulkhead, the contractor may utilize the water for material deliveries. The Contractor shall make his own investigation of available roads for transportation, load 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 his work. Any such temporary construction shall be restored to its original condition at the completion of the Contract. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be the responsibility of the Contractor.

8. PAYMENTS FOR MATERIALS DELIVERED OFF-SITE (52.232-5000)

(a) Pursuant to FAR 52.232-5, 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 General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials which have been approved, if required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor’s title to the items delivered off site.

Payment for materials delivered off-site shall be limited to the following items: None.

(End of clause)

9. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(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

00 80 00 - 6 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. (End of paragraph)

10. AVAILABILITY AND USE OF UTILITY SERVICES

a. 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. The Contractor shall make arrangements with local utility companies for connection, metering and payment for utilities at its expense.

b. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters where required. All installations shall comply with all applicable codes, standards and requirements. The Contractor shall furnish to the Contracting Officer Representative a complete system layout drawing showing type of materials to be used and method of installation for all temporary electrical systems. Telephone service is the responsibility of the Contractor. The Contractor shall maintain all temporary lines in a workmanlike manner satisfactory to the Contracting Officer Representative. Before final acceptance of the work by the Government, the Contractor shall remove all temporary connections, distribution lines, meters and associated paraphernalia.

c. Utility Service Interruptions. The Contractor shall submit written notification not less than 15 calendar days in advance of each interruption of each utility and communication facility along with including service to or within existing buildings and facilities being used by others.

No single outage will exceed 4 hours unless approved in writing. The time and duration of all outages will be coordinated with the Using Agency and the Contracting Officer Representative.

All outages or interruptions shall be scheduled during weekends, unless specifically approved by the Contracting Officers Representative.

d. The Contractor shall apply for any necessary utility permits from Jersey City, New Jersey, utility companies or authority to complete this project.

11. LAYOUT OF WORK

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The contractor shall lay out his work from the dimensions indicated on the drawings and shall be responsible for all measurements in connection therewith.

12. BULLETIN BOARD

Immediately upon beginning of work under this contract, the Contractor 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.

13. PROGRESS MEETINGS

Contractor shall attend weekly progress meetings. The contractor shall prepare and distribute minutes for this meeting in a format approved by the Contracting Officer's Representative within 48 hours of the conclusion of the meeting.

14. 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.

15. 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 resulting in contract time extensions, Contractor shall submit a modified schedule for approval

00 80 00 - 8 by the Contracting Officer. The terms of Contract Clause, SCHEDULING 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 the 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, PAYMENT 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.

16. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACTS

PAYMENTS

In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FIXED-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.

(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.

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(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 from 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.

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:

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(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 of the project by the Contracting Officer.

17. SUBMISSION OF CLAIMS

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

Army Corps of Engineers, New York District, Room 1843, 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.

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.

18. PROGRESS PAYMENTS

Progress Payments made pursuant to the PAYMENTS TO CONTRACTOR clause for any item of work in the bid schedule shall be based on the Contract unit price or lump sum amount set forth in the bid schedule for that item of work. If the amount of the unit price or lump sum bid for any item of work is in excess of 125% of the Government estimate for such item, the Contracting Officer may require the Contractor to produce cost data to justify the price of the bid item. Failure to justify the bid item price to the satisfaction of the Contracting Officer may result in payment of an amount equal to 125% of the Government estimate for such bid item upon completion of work on the item and payment of the remainder of the bid item price upon final acceptance of all contract work.

19. SAFETY AND HEALTH REQUIREMENTS MANUAL

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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.

20. 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.

21. 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 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.

22. INSURANCE – WORK ON A GOVERNMENT INSTALLATION

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a. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

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

(2) Automobile Liability Insurance (Comprehensive form of policy):

Bodily Injury Liability - $200,000 per person and $500,000 per accident. Property Damage Liability - $20,000 per accident.

(3) Workmen’s Compensation and Employer’s Liability Insurance:

Compliance with applicable workmen’s compensation and occupational disease statutes is required. Employer’s liability coverage in the minimum amount of $100,000 is also required.

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 this paragraph c., in all subcontracts hereunder.

23. 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.

24. CRANE AND DRAGLINE SAFETY REQUIREMENTS

In addition to meeting all applicable requirements of OSHA standards and Section 16 of the U. S. Army Corps of Engineers Manual, "Safety and Health Requirements", EM 385-1-1, in effect on the date of the solicitation, 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. The booms of all cranes and draglines shall also be equipped with shock absorbing type

00 80 00 - 13 backstops to prevent them from overtopping. All cranes shall have a red strobe light and two flags attached to the end of the boom. The flags shall be 18-inches square and international orange in color. The strobe does not need to be flashing during daylight hours or when the boom is lowered to the ground at night. The strobe shall be flashing when operating during weather in which visibility is reduced or when operating at night. The strobe shall remain flashing if the boom remains elevated at night.

25. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

(7-2005)

All work shall be performed by experienced electricians under the general supervision and control of a State, City, or County licensed electrician with verifiable credentials. Proof of licensing of supervising electricians shall be provided to the COR. The licensed electrical contractor shall verify in writing to the COR that unlicensed electrical technician(s) is/are familiar with the applicable code requirements and have received safety and health training on the hazards involved.

26. 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.

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.

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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

(8) (7) (10) (7) (8) (5) (6) (6) (4) (5) (6) (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)".

27. 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.

28. STORAGE AREAS

The Contractor may store his required materials and equipment within the area designated by the Contractor Officer. No storage will be allowed outside these designated working area limits and the Contractor shall make his own arrangements with parties or agencies involved for storage areas outside the Contractor's working area limits.

29. VERIFICATION OF SMALL BUSINESS UTILIZATION

a. This clause is applicable to small business concerns whose contracts exceed $1,000,000.

b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this Contract, the Contracting Office may survey the extent of small and small disadvantaged business utilization under this Contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small business and small disadvantaged businesses.

c. As appropriate, the Contracting Officer may require one or more follow-up reports to the initial report.

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d. The Contractor agrees to insert this clause in any subcontract that may exceed $1,000,000, including this subparagraph d.

30. PRECONSTRUCTION CONFERENCE

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 (See Accident Prevention Clause in Section 00 72 00 and paragraph SAFETY AND HEALTH REQUIREMENTS MANUAL in this Section)

- Quality Control Plan (See Section 01 45 04.00 18)

- Letter appointing Superintendent

- List of subcontractors, if any

- Environmental Protection Plan (See Section 01 57 20.00 10)

31. 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.

32. 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.

33. CONSTRUCTION PROJECT SIGNS, PUBLIC SAFETY SIGNS

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a. The Contractor shall construct three signs: one for project identification and one for on-the-job safety performance. 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. 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.

34. 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.

35. SITE INSPECTIONS

The site safety officer shall perform daily inspection of the job sites and the work in progress to ensure compliance with EM 385-1-1 and to determine the effectiveness of the Accident Prevention Plan. Daily inspection logs shall be used to document inspections noting safety and health deficiencies, deficiencies in the effectiveness of the accident prevention plan, and corrective actions including timetable and responsibilities. The daily inspection logs will be attached to and submitted with the Daily Quality Control Reports. Each entry shall include date, work area checked, employee present in work area, protective equipment and work equipment in use, special safety and health issues and notes, and signature of the preparer.

36. PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and DFARS 252.215-7000 (Dec.

1991) as follows:

PRICE ADJUSTMENTS (DEC 2012)

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The term “pricing adjustments”, as used in paragraph (a) of the clauses entitled “Price Reduction for Defective Certified Cost or Pricing Data-Modifications”, “Subcontractor Certified Cost or Pricing Data,” and “Subcontractor Certified Cost or Pricing Data- Modifications,” means the aggregate increases and/or decreases in cost plus applicable profits.

37. HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA

a. Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract.)

b. The Offeror must list any hazardous material, as defined in paragraph “a” of this clause, to “e” delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert NONE)

Identification No.

c. The apparently successful Offeror, by acceptance of the contract, certifies that the list in paragraph b of this clause is complete. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

d. The apparently successful Offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material, identified in paragraph “b” of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or

00 80 00 - 18 not the apparently successful Offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award my result in the apparently successful Offeror being considered non-responsible and ineligible for award.

e. If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph “d” of this clause or the certification submitted under paragraph “c” of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

f. Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or Subcontractor personnel or property.

g. Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

h. The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to:

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting or disposing of hazardous materials.

(ii) Obtain medical treatment for those affected by the material, and;

(iii) Have other use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

38. GOVERNMENT-FURNISHED PROPERTY

For a list government furnished properties, refer to equipment drawings.

39. PARTNERSHIP IMPLEMENTATION PLAN

To more effectively…