FIMI_Specs.pdf

NEW YORK DISTRICT

Fire Island Stabilization Project

Relocation and Septic Systems

Contract 3B3

Suffolk County, NY

100% Submission

Specifications

10 May 2018

Small Business Set – Aside

IFB NO. W912DS-18-_-00XX

Relocations and septic Systems FIMI3B3

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 01 COVER SHEET

00 00 02 CHECK LIST FOR BIDDERS

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 16 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 18 SPECIAL CONTRACT REQUIREMENTS

00 90 00 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 54 00.00 18 MOBILIZATION AND DEMOBILIZATION

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 57 23.00 18 TEMPORARY STORM WATER POLLUTION CONTROL

01 58 00 PROJECT IDENTIFICATION

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 01 51 VIBRATION MONITORING OF STRUCTURES

02 41 01 RESIDENTIAL STRUCTURES DEMOLITION, DECONSTRUCTION AND

RELOCATION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

PROCUREMENT AND

CONTRACTING

REQUIREMENTS

SECTION 00 00 01

COVER SHEET

01/18

PART 1 GENERAL

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Fire Island Inlet to Montauk Point, Fire Island Stabilization Project Relocation and Septic Systems , Contract 3B3

Suffolk County, NY

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-18-_-00XX

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

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 16 ).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 21 16 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00 45 00 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00 45 00 , note in particular the PROHIBITION SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause

(1984 APR).

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

THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS

(MAY 1993) IN ACCORDANCE WITH FAR 52.225-5 APPLIES.

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

DOCUMENT 00 00 01 Page 1 accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award.

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DOCUMENT 00 00 01 Page 2

SECTION 00 00 02

CHECK LIST FOR BIDDERS

01/18

PART 1 GENERAL

ATTACHED IS IFB NO. W912DS-[___]

Fire Island Inlet to Montauk Point, Fire Island Stabilization Project Relocation and Septic Systems , Contract 3B3 Suffolk County, NY

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED

TO THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU

IN SUBMITTING A PROPER BID

____HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

____HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION

00 45 00) PORTION OF THE SOLICITATION?

____IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

____IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY

AND ARE ALL SEALS AFFIXED?

____DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND SEALS

AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER

PRINTER-GENERATED SIGNATURES AND/OR SEALS?

____HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING

THE PROVISIONS OF THE SOLICITATION?

____WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM?

(THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

____ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

____IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY

INITIALED BY THE PERSON SIGNING THE BID?

____DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT ISA

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

OPENING TIME?

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

THE SOLICITATION.)

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

THE SOLICITATION.)

DOCUMENT 00 00 02 Page 1

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS

FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES

TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO ENSURE THAT ITS BID

IS SUBMITTED TIMELY.

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DOCUMENT 00 00 02 Page 2

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

12/17

PART 1 GENERAL

1.1 NOTES:

1. Low bidder for the purpose of award will be the conforming bidder offering the lowest amount for the total base bid and optional bid items.

2. Any bid which is materially unbalanced may be rejected. An unbalanced bid is one, which is based on the prices significantly less than cost for some work and prices, which are significantly overstated for other work.

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

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

5. All Option items may be awarded within 180 days of notice to proceed on the base bid.

6. All Option items must be completed within 90 days after the option is exercised. As a result, the total duration of the contract may be as long as 270 days.

1.2 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

1.3 BID SCHEDULE

ITEM

NO

SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Mobilization and Demobilization

1 Job LS

0002 Vibration Monitoring, Davis Park

1 Job LS

0003 House Relocation – BASE BID For Information Only – See Below

0003A House Relocation, Davis Park , 517DP Hasher

1 Job LS

0003B House Relocation, Davis Park , 536DP Ginsberg

1 Job LS

0003C House Relocation, Davis Park , 537DP Keyes

1 Job LS

DOCUMENT 00 10 00 Page 1

0004 Septic Systems – BASE BID For Information Only – See Below

0004A Septic System Relocation, Davis Park, 517DP Hasher

1 Job LS

0004B Septic System Relocation, Davis Park, 536DP Ginsberg

1 Job LS

0004C Septic System Relocation, Davis Park, 537DP Keyes

1 Job LS

0005 Certificates of Occupancy –

BASE BID

For Information Only – See Below

0005A Certificate of Occupancy, Davis Park, 517DP Hasher

1 Job LS

0005B Certificate of Occupancy, Davis Park, 536DP Ginsberg

1 Job LS

0005C Certificate of Occupancy, Davis Park, 537DP Keyes

1 Job LS

0006 House Relocation – OPTION

ITEMS

For Information Only – See Below

0006A OPTION House Relocation, Davis Park, 511DP Bayside Associates

1 Job LS

0006B OPTION House Relocation, Davis Park, 513DP Leja Beach Properties

1 Job LS

0007 Septic Systems – OPTION ITEMS For Information Only – See Below

0007A OPTION Septic System Relocation,, Davis Park, 511DP Bayside Associates

1 Job LS

0007B OPTION Septic System Relocation,, Davis Park, 513DP Leja Beach Properties

1 Job LS

DOCUMENT 00 10 00 Page 2

0007C OPTION Septic System Relocation, Point O' Woods, 253PW Van Alstyne

1 Job LS

0008 Certificates of Occupancy –

BASE BID

For Information Only – See Below

0008A OPTION Certificate of Occupancy, Davis Park, 511DP Bayside Associates

1 Job LS

0008B OPTION Certificate of Occupancy, Davis Park, 513DP Leja Beach Properties

1 Job LS

0008C OPTION Certificate of Occupancy, Point O' Woods, 253PW Van Alstyne

1 Job LS

NOTES:

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DOCUMENT 00 10 00 Page 3

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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DOCUMENT 00 21 16 Page 1

LEFT BLANK INTENTIONALLY

DOCUMENT 00 21 16 Page 2

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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DOCUMENT 00 45 00 Page 1

DOCUMENT 00 45 00 Page 2

SECTION 00 72 00

CONTRACT CLAUSES

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

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DOCUMENT 00 72 00 Page 1

DOCUMENT 00 72 00 Page 2

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS

03/15

PART 1 GENERAL

1.1 FAR 52.211-10, 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 the entire work ready for use, not later than 180 calendar days after the date the Contractor receives the notice to proceed.

b. Location: Refer to section 01 11 00 SUMMARY OF WORK..

c. The Contractor shall furnish all labor, materials, equipment, and services for the work as indicated.

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.

1.2 DFARS 236.204, Disclosure of the Magnitude of Construction Projects

This project is estimated between $ 1M and $ 5M.

1.3 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 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM) for requirements.

1.4 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 provide the following items for review in advance of this conference 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 00.00 10 QUALITY CONTROL) -Letter appointing Superintendent

DOCUMENT 00 73 00.00 18 Page 1

-List of subcontractors, if any -Environmental Protection Plan (See Section 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS)

-Preliminary Progress Schedule

1.5 COORDINATION PERIOD

In addition to contract clause titled PRECONSTRUCTION CONFERENCE, the Contractor shall reserve a 2 workday period of time no later than one month following the contract preconstruction conference for coordination.

The Contractor's project management team responsible for this project shall participate. During the 2-day coordination period the Contractor and the Government will exchange information related to the government regulations and procedures, points of contact, relevant design information and general discussion about the execution and coordination of the project. The Contractor shall dedicate his management team for this 2-day coordination period.

1.6 FAR 52.211-12, LIQUIDATED DAMAGES--CONSTRUCTION

a. If a delay to the NTP date is a result of the Contractor, an extension will not be given. 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 $ 3,684.00 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 $ 921.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.7 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

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

1.8 INSURANCE PROCURED BY CONTRACTOR

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

DOCUMENT 00 73 00.00 18 Page 2

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

(2) The building mover employed in the relocation shall carry cargo and umbrella insurance of no less than $2,000,000 and shall have custom insurance for house moving and raising.

(3) The policies described above shall be endorsed (i) to include Suffolk County and the State of New York Department of Environmental Conservation as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(4) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(5) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to Suffolk County and the State of New York Department of Environmental Conservation , prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

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

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

1.9 PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

DOCUMENT 00 73 00.00 18 Page 3

1.10 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

The Contractor shall furnish the Contracting Officer and/or his Representative, within five (5) days after award, items of work he will perform with his own forces and the estimated cost of those items. For the purposes of this contract, the percentage of work that must be performed by the Contractor is stated in Section 00 72 00 , FAR Clause 52.236-01.

1.11 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract.

The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance https://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program-http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org /

1.12 IMPLEMENTING WARRANTY

Refer to section 01 78 00 CLOSEOUT SUBMITTALS

1.13 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 (ECI 7-670.3)

1.14 VERIFICATION OF SMALL BUSINESS UTILIZATION

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

DOCUMENT 00 73 00.00 18 Page 4

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.

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

1.15 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.16 CONTRACT DRAWINGS,MAPS AND SPECIFICATIONS

See contract clause entitled CONTRACT DRAWINGS AND SPECIFICATIONS in Specifications section 00 72 00 CONTRACT CLAUSES.

For a listing of the contract drawings see Index Drawing.

1.17 RECORD DRAWINGS

See specifications section 01 78 00 CLOSEOUT SUBMITTAL for as-built and Record Drawings requirements for CAD Drafting Standard.

1.18 AVAILABILITY OF CAD DRAWING FILES

Refer to SOURCE DRAWING FILES in specifications section 01 78 00 CLOSEOUT

SUBMITTALS.

1.19 DESIGNATION OF PROPERTY ADMINISTRATOR

The Chief, Property and Accounting Section, U.S. Army Engineer District, New York, Federal Building, 26 Federal Plaza, New York, N.Y. 10278-0090 is designated as Property Administrator, in connection with this contract.

1.20 PHYSICAL DATA (FAR 52.236-4)(APR 1984)

Data and information furnished or referred to below is for the Contractor's information only. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. WEATHER CONDITIONS. The site is exposed to the ocean and construction operations will be affected by tide, wind and wave actions. Real-time data are available on the world wide web for NOAA National Data Buoy Center Station 44025 (LLNR830) - Long Island 30 NM South of Islip, NY, 40.251N,73.164W at http://www.ndbc.noaa.gov/station_page.php?station=44025 .

(1) Fog. An examination of the records of the U.S. Weather Bureau at John F. Kennedy International Airport, New York, discloses an

DOCUMENT 00 73 00.00 18 Page 5 average of 31 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the New York Harbor area. The maximum number of days in which dense fog occurred in any year was 45 in 1959. The maximum number of days in which dense fog occurred in any month was 4 days in June.

(2) Winds. Wind conditions on the south shore of Long Island areas, based on historical data maintained by the National Weather Service's National Buoy Center ( http://www.ndbc.noaa.gov/station_page.php?station=44025 ) are as follows:

Month Average Wind Velocity (KTS) Peak Wind Gust (KTS)

Jan. 16.4 20.1

Feb. 14.9 19.3

Mar. 13.8 18.0

Apr. 11.2 13.6

May 9.5 11.0

Jun. 9.5 11.3

Jul. 9.6 11.6

Aug. 9.8 12.0

Sep. 11.3 14.2

Oct. 13.0 6.6

Nov. 14.0 17.2

Dec. 16.1 20.6

Weather conditions exceeding in severity the conditions described above or average wind speeds over 30 miles per hour (26 kts) will be considered unusually severe weather if delays are caused thereby to operations under the contract.

b. ICE. Icing within the project vicinity is not anticipated. However, in the event that icing does occur, this will be considered to be unusually severe weather.

1.21 LAYOUT OF WORK

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

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).

DOCUMENT 00 73 00.00 18 Page 6

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.

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.

e. Upon completion of baseline surveys, copies to be provided for information and use in future submittal reviews by USACE Survey Branch.

1.22 BULLETIN BOARD

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph BULLETIN BOARD.

1.23 AVAILABILITY AND USE OF UTILITY SERVICES

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph AVAILABILITY AND USE OF UTILITY SERVICES.

1.24 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.25 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:

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1. This provision specifies the procedure for determination of time extension for usually 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.

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 8 7 9 10 6 5 5 6 5 7

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 workday. 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)”.

1.26 FIELD OFFICE

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

1.27 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.

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1.28 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACTS PAYMENTS

In addition to the requirements contained in contract clause titled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, and PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS the following will apply to all payments made under this contract:

a. At the time of submission of the project schedule, 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 will 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 will any payment invoice be accepted from the Contractor. The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case will more than 10% of the contract amount be paid unless the breakdown is approved.

b. The Contractor shall submit requests for payment through 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" is 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:

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

(2) 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

(3) 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;

(4) This certification is not to be construed as final acceptance of a

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

(Name)

(Title)

(Date)

c. The Government will 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 to the Area Engineer.

d. The Government representative will return any request for payment that is deemed improper within 7 days of receipt and will 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 will 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 shall be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government will 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 purposes will not have been submitted to the Government.

f. The Government will 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, 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 will 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 will not be considered valid until the Contractor has fulfilled all contract requirements including all administrative items, as-built drawings, training, 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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1.29 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.

1.30 PROGRESS PAYMENTS

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

1.31 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)

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.

1.32 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.

1.33 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

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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 York , and the utilities companies, at the Contractor's expense regardless of the cause of such damage.

1.34 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.

1.35 PROTECTION OF EXISTING STRUCTURES

Refer to section 01 11 00 SUMMARY OF WORK, paragraph EXISTING WORK.

1.36 52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

a. "Hazardous material," 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 Contractor shall submit, a Material Safety Data Sheet, (OUS Department of Labor Form OSHA 174) meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material 5 days before delivery of the material, whether or not the Contractor is the manufacturer of these items. This obligation applies to all materials delivered under this contract that will involve exposure to hazardous materials or items containing these materials.

c. Neither the requirements of contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA 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.

d. Nothing contained in this contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA 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.

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

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(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 others 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.

f. The Contractor shall insert this requirement, including this paragraph (f), with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this contract involving hazardous material.

g. SAFETY AND HEALTH REQUIREMENTS MANUAL if this contract is for construction or dismantling, demolition, or removal of improvements with any Department of Army agency or component, 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 it changes are available at http://www.hq.usace.army.mil (at the HQ homepage select Safety and Occupational Health). Contractor shall be responsible for complying with the current edition and all changes posted on the web as of effective date of this solicitation.

h. 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.

1.37 CONSTRUCTION PROJECT SIGNS, PUBLIC SAFETY SIGNS

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph "Project and Safety Signs" and 01 58 00 PROJECT IDENTIFICATION, paragraph "PROJECT SIGN." 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.

1.38 VEHICULAR AND OTHER TRAFFIC CONTROL

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph TEMPORARY TRAFFIC CONTROL

1.39 ROAD CLOSURES AND UTILITY OUTAGES

a. Utility Outages:

(1) The Contractor is advised that the existing utilities service other buildings or areas adjacent to the specific work sites. These buildings will be active and utilized for the entire period of this contract. The Contractor shall maintain all utilities and systems

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(2) All utility outages shall be scheduled by the Contractor and approved by the Contracting Officer. No outage will be approved which will adversely affect the current operation or mission accomplishment.

Outages shall only be approved to perform tie-ins of new or temporary utilities to existing lines. "Live"/"hot" utility connections shall be used whenever possible. Contractor shall submit a written work plan & have it approved by the Contracting Officer 30 days prior to planned outages . The Contractor shall also be responsible for any repairs or start-up procedures in the affected facilities caused by the outages.

The Contractor shall coordinate with the Contracting Officer and representatives of the company(ies) regarding the work that the Contractor must accomplish in various buildings to re-establish the utilities to proper working conditions. The request for the approval of a utility outage shall include, at minimum, the following:

description of the utility; time and duration of the outage; areas and systems affected; proof that all preparatory work is complete; proof that all necessary materials, equipment and manpower are in place;

utility lines have been verified; and a contingency plan is in place.

(4) The Contractor shall have on-site all materials, equipment, manpower, etc. to complete all work during the approved duration of the outage. All utilities and systems shall be fully tested and operational prior to the end of the approved outage. Unscheduled outages shall be repaired immediately. Repairs and corrective actions shall proceed continuously in a diligent manner until all services and utilities are restored to their original condition.

b. Road Closures: Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph "TRAFFIC PROVISIONS."

1.40 ACCESS ROUTES, CONTRACTOR AREAS, DELIVERY, STORAGE AREA AND VISITOR

CONTROL

a. The Contractor shall utilize only entry points designated by the Contracting Officer Representative. Contractor's personnel and construction equipment will not be permitted in any place other than the project site and the haul routes debris removal, for the borrow and sites, spoil sites, unless specifically authorized by the Contracting Officer. A request for authorization to use alternate limited access shall be made by the Contractor to the Contracting Officer at least 7 calendar days in advance.

b. The Contractor shall utilize the project site areas for his daily staging. Trailers, materials, or equipment shall not be placed or stored outside the project site unless such trailers, materials or equipment are assigned a separate and distant storage area by the Contracting Officer away from the vicinity of the staging area but authorized for project use.

At the end of each work day mobile equipment, such as tractors, wheeled lifting equipment, cranes, backhoes and like equipment, shall be parked within the project site. The following shall remain fully accessible:

hydrants, standpipes and access ways. The Contractor shall be responsible for all temporary connections (power, water telephone, etc.) to the project site. The Contractor shall maintain the area in a clean and neat condition. Contractor's employees must access the site via ferry or other marine transportation . The Contractor will return all disturbed areas to their original condition unless specifically authorized by the Contracting

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Officer.

c. Off-site storage areas are not available to the Government. The Contractor may arrange for access to private off-site facilities, with Contracting Officer approval, to which the Government will be provided access to ensure contract terms and to ensure proper safety procedures are followed .

d. The Contractor shall be responsible for the control of material deliveries, vendors, suppliers, prospective employees and other authorized personnel entering the project area as relates to this contract. The Contractor shall install signs at entrances to the project directing deliveries and visitors to the proper entry points.

e. The Contractor shall be permitted to utilize the area for material storage and unloading, material hoists, rubbish containers, rubbish chutes (if any), temporary office and personnel dressing facilities, and all other items required for staging. Contractor shall maintain the grounds within his area. Grass and weeds shall be cut at least weekly during the growing season.

f. The Contractor shall provide chemical toilets for his personnel in the project site, and shall be responsible for cleaning and servicing these toilets in accordance with pertinent health regulations and assure a frequency of service as required to prevent odors or other nuisance. Use of toilet facilities by Contractor's employees within surrounding buildings will not be permitted.

g. The Contractor shall provide weather tight and waterproof storage facilities for all materials stored at the site and required to be incorporated into the work.

h. The Contractor shall remove rubbish containers when full or every 2 weeks whichever comes first.

i. The color of dumpsters, trailers, and storage sheds and…