DS16B0014Am0004SpecsFinal.pdf

Hurricane and Storm Damage Reduction Project, Phase II-Contract 2 W912DS-16-B-0014 Floodwall and Road Closure Gate, Port Monmouth, NJ

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SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

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. PHYSICAL DATA

8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

9. AVAILABILITY AND USE OF UTILITY SERVICES

10. LAYOUT OF WORK

11. FIELD OFFICE

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

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

13. QUANTITY SURVEYS

14. SUPERINTENDENCE OF SUBCONTRACTORS

15. SCHEDULING AND DETERMINATION OF PROGRESS

16. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

17. PROTECTION OF CULTURAL RESOURCES

18. SUBMISSION OF CLAIMS

19. PROGRESS PAYMENTS

20. SAFETY AND HEALTH REQUIREMENTS MANUAL

21. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

22. DAMAGE TO WORK

23. LABOR-ADDITIONAL REQUIREMENTS

24. ACCESS AREA

25. TIME EXTENSION

26. VEHICULAR AND OTHER TRAFFIC CONTROL

27. STORAGE AREAS

28. VERIFICATION OF SMALL BUSINESS UTILIZATION

29. PRE-CONSTRUCTION CONFERENCE

30. COORDINATION CONFERENCES

31. CONTRACTOR WORKING HOURS

32. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QAS) MODULE

33. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

35. INSURANCE PROCURED BY CONTRACTOR

36. PRICING OF ADJUSTMENT

37. SITE INSPECTION

38. PROTECTION OF EXISTING STRUCTURES

39. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION POINT

OF CONTACT

40. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

(7-2005)

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

42. SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

43. ACCIDENT PREVENTION PLAN

44. POST CONSTRUCTION CLEAN UP

Hurricane and Storm Damage Reduction Project, Phase II-Contract 2 W912DS-16-B-0014

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45. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF

ENGINEERS CONTRACTS

46. STILL AND VIDEO PHOTOGRAPHY OF EXISTING STRUCTURE EXTERIOR

47. TOPOGRAPHIC SURVEY

48. AS-BUILT CONDITIONS SURVEY

49. PARTNERSHIP IMPLEMENTATION PLAN

50. PORTABLE VARIABLE MESSAGE SIGN

51. HAUL ROADS

52. JCP&L AND VERIZON UTILITIES

53. VEHICLE FOR GOVERNMENT USE

54. WETLAND MITIGATION BANK CREDITS

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SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor shall be required to commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed, complete all work and remove all of his equipment from the contract area within 1,222 calendar days.

The time stated for completion shall include final cleanup of the premises, except in case the Contracting Officer determines that seeding and exterior planting is not feasible during the construction period (FAR 52.211-10). The Contractor shall accomplish such seeding and exterior planting in the first planting period as specified in Paragraph 3.1.1 of Section 32 92 19 and Paragraph 1.7.2 of Section 32 93 00, respectively, following the contract completion date.

Options may be exercised at the discretion of the Government and are not mandatory.

If Option #1 is exercised, Bid Item No. 0021 0022 shall be exercised within 60 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract duration.

If Option #2 is exercised, Bid Item No. 0022 0023 shall be exercised within 920 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract duration.

If Option # 3 is exercised, bid item No. 0023 0024 will be exercised within 1012 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 4 is exercised, bid item No. 0024 0025 will be exercised within 1012 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 5 is exercised, bid item No. 0025 0026 will be exercised within 1012 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 6 is exercised, bid item No. 0026 0027 will be exercised within 1012 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 7 is exercised, bid item No. 0028 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 8 is exercised, bid item No. 0029 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 9 is exercised, bid item No. 0030 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 10 is exercised, bid item No. 0031 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 11 is exercised, bid item No. 0032 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

If Option # 12 is exercised, bid item No. 0033 will be exercised within 1042 calendar days of issuance of the base bid notice to proceed. No additional time will be added to the contract performance period.

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b. Location: The site of the work is located along Pews Creek in Port Monmouth, Middletown Township, Monmouth County, New Jersey.

c. The Contractor shall furnish all labor, materials, equipment, and services for the following principal items of work: construction of a vertical lift tide gate structure, pump station, floodwall and levee.

floodwall and a road closure gate.

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.

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 $1,736.00 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 $434.00 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. 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 00 72 00, CONTRACT CLAUSES.

5. CONTRACT DRAWINGS AND SPECIFICATIONS

See Contract Drawings and Specifications Clause of Section 00 72 00, CONTRACT CLAUSES. For list of drawings see Index of Drawings.

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6. RECORD DRAWINGS

Refer to:

- Section 01 78 00 CLOSEOUT SUBMITTALS for Record Drawings (“as-builts”) requirements.

- Section 01 12 00 DESIGN AND RECORD DRAWING REQUIREMENTS for CADD standards and compliance.

7. PHYSICAL DATA

Information and data furnished or referred to below is furnished for the Contractor's information.

However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn there from by the Contractor. (FAR 52.236 4) (APR 1984)

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

b. 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 25 for time extensions for unusually severe weather.

c. Transportation Facilities:

1) Roads: Major routes in the immediate vicinity are the Garden State Parkway (Exit 117) and New Jersey Route 36. The proposed work is served primarily by local streets. The main local street with west-east orientation is Port Monmouth Road. The main local streets which have a north-south orientation are Wilson Ave., Monmouth Ave., Brainard Ave., Main St., and Church St. The Contractor shall make his own investigation of available roads for transportation, of loads limits of bridges and roads, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of the work. Any such temporary construction shall be restored to its original conditions. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

2) Waterways: The project work site is located on the southern shore of Raritan Bay. Small boat navigation channels are located on both the east and west sides of the project area in Pews Creek and Compton Creek, respectively.

3) Waterway Traffic: Recreational vessel traffic may be present in the vicinity of the project work site.

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

00 73 00 - 6 Amendment 0004 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. (End of paragraph)

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

(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 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.

(b) All new Electrical and Communications (including voice and internet) utilities required under the construction contract shall be obtained initially under the Contractor's name, and shall be maintained at the Contractor's own expense. The Contractor shall be responsible for the cost of all utilities during construction of the facilities and for the commissioning of all systems. Only after the project has been accepted by the Government shall these services be transferred to the final user's name and account. The Government shall provide the name and address of the responsible user of the facility to be billed.

10. LAYOUT OF WORK

a. The plane of reference for elevations is in feet and referenced to the North American Vertical Datum (NAVD) of 1988. Grid System is in feet and is the New Mercator State Plane Coordinate System

(NAD83).

b. The Contractor will establish the following base lines and bench marks at the site of the work:

(Monuments and bench marks as shown on the drawings).

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

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

11. FIELD OFFICE

a. If field office option is exercised, the Contractor has 30 days to furnish a lockable field office and equipment for the use of the Contracting Officer.

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

c. The office shall be located in close proximity to the project site as directed by the Contracting

Officer.

d. If the Contractor extends his work beyond the contract completion date for the basic contract, he must provide the field office for the extended duration at no additional cost to the Government, whether or not any of the field office options have been exercised.

e. The following shall be submitted for approval:

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.

- Office space shall be a minimum of 2,000 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operable windows with screens.

- Two (2) enclosed bathrooms with hot and cold water.

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

- Partitioned open flat area to accommodate three (3) office cubicles and meeting area having a minimum of 1,400 SF.

- 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.

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

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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 Fire Extinguisher - Provide two : non-toxic, dry chemical, fire extinguishers meeting Underwriters Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A; 20B, 10C For each bathroom: 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, 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). The Contractor shall provide and install all required equipment (i.e., Switch, Hub, Ethernet NIC Cards, modems, etc.) for use with Government furnished field office computers.

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.

Snow and ice removal in the vicinity of the field office may be required during and after storm events.

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

- First Aid Kit: Provide two (2) kits. As a minimum, each kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack, and at the minimum shall conform to ANSI Z308.1

- The field office shall be removed from the project site when and as directed by the Contracting Officer. Secure the trailer complex by an 8- foot high chain link fence topped by 3 rows of barb wire. The secured area shall be able to accommodate at least 12 automobiles. Provide a lockable gate with the fence and security lighting in the trailer complex.

- Provide one (1) Combination Smoke/Carbon Monoxide Alarm with battery back-up.

- Printer: Provide two (2) Hewlett Packard LaserJet Officejet Pro X476dw Multifunction Printers or equivalent Laserjet Printers with 10,000 sheets of 8-1/2x11 laser-type print paper. Must have at minimum 2 Hi-Speed USB 2.0 Host; 1 Hi- Speed USB 2.0 Device; 1Ethernet 10/100 Base-TX network; 1 RJ-11 modem port; 802.11 b/g/n Station; 802.11 b/g Access Point. Replacement ink Cartridges shall be supplied as needed.

- 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 spare memory card, computer interface and program and desk charger.

- Copier: One heavy duty, digital dry process photocopying machine, with auto document feeder, sorter, collator, enlarging/reduction ability, 8.5 x 11, 8.5 x 14 and 11 x 17 paper trays and adequate supply of copy paper and printing supplies. The supply of copy paper shall be replenished by the Contractor regularly as required by the Contracting Officer.

- Fax Machine: One plain paper fax machine with a dedicated telephone line and an adequate supply of paper. The Contractor shall replenish the supply of fax paper, weekly as required by the Contracting Officer.

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- 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.

1 line dedicated for use by 2 computer modems.

1 TCIP modem line for the network computer.

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

- Rechargeable Flashlight Systems: Four (4) heavy-duty Rechargeable flashlights, charging cradle, rechargeable NiMH battery (or equivalent), 12 volt adapter, and 120 volt A/C converter with a minimum output of 240 Lumens.

12. (S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON

AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

Hurricane and Storm Damage Reduction Project, Phase II-Contract 2 W912DS-16-B-0014

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All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

13. QUANTITY SURVEYS (APR 1984)

a. Contractor shall conduct all quantity surveys, initial and final surveys. 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, with the presence of Government representatives, and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be done by a New Jersey licensed surveyor and subject to approval by the Contracting Officer.

c. The Contractor shall be responsible to conduct all surveys. The Contractor shall maintain work sections - a pre-construction and final acceptance section surveyed while construction is taking place in between. The Contractor shall make such computations as are necessary to determine the quantities of work performed or finally in place and submit the computation for Government approval.

d. The Contractor shall locate and verify benchmark elevations at initial (preconstruction) survey, at a midway point, and at final as-built survey.

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

14. SUPERINTENDENCE OF SUBCONTRACTORS (JAN 1965)

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)

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

00 73 00 - 11 Amendment 0004 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 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 milestone dates on the approved project schedule, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met.

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

PAYMENTS

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.

(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.

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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, United 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 preconstruction 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 differences 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 within 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 30 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 30 days from the date of acceptance of the project by the Contracting Officer.

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17. PROTECTION OF CULTURAL RESOURCES

Known archaeological and historic resources have been taken into account as required by Federal laws.

Should unanticipated archaeological material be encountered during the course of project activities, the Contractor shall cease work in the vicinity of the discovery. The Contractor shall immediately report the find to the Contracting Officer so that the proper authorities may be notified.

18. 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.

19. PROGRESS PAYMENTS

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

20. 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.

21. 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.

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22. 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.

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. ACCESS AREA

Areas designated on the drawings as "Construction Entrance" shall be used by the Contractor solely for the purpose of access to and from the "Contractor Working Limits". The Contractor shall arrange his use of these access areas so as to minimize interference with the property owners' (or user's) access or normal use.

25. TIME EXTENSIONS (APR 1984)

a. 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)

b. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER:

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.

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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.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON SEVEN (7) DAY WORK WEEK

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

(7) (6) (7) (5) (6) (5) (6) (5) (5) (4) (4) (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 week, 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)".

26. VEHICULAR AND OTHER TRAFFIC CONTROL

During construction the Contractor shall provide a right-of-way for roads and intersecting access roads.

In addition, the Contractor shall provide temporary relocated roads as necessary to provide the required right-of way. The Contractor shall maintain and protect traffic on existing adjacent roadway until the completion of the work. All measures for the protection and diversion of traffic, including the provision of watchman and flag men, erection of barricades, placing of lights around and in front of equipment and the work, and the erection and maintenance of adequate warning, danger, and direction signs, as required by state and local authorities having jurisdiction. Traffic will be maintained continuously for the duration of the contract and the travelling public shall be protected from all damage to person and property. All safety precautions shall be subject to the approval of the Contracting Officer. Any signage used shall be in accordance to the latest MUTCD standards.

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.

27. STORAGE AREAS

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

28. VERIFICATION OF SMALL BUSINESS UTILIZATION

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

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b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this contract, the Contracting Officer 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 businesses and small disadvantaged businesses.

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

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

29. PRE-CONSTRUCTION CONFERENCE

a. A pre-construction conference will be arranged by the Contracting Officer, or his Representative, 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 will 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 20 of this Section concerning Safety and Health Requirements Manual)

- Quality Control Plan. (See Section 01 45 04 CONTRACTOR QUALITY CONTROL)

- Letter appointing Superintendent.

- List of subcontractors, if any.

- Environmental Protection Plan (See Section 01 57 20 ENVIRONMENTAL PROTECTION)

30. 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.