PORT_MONMOUTH_4A__Specification2019.pdf

NEW YORK DISTRICT

HURRICANE AND STORM DAMAGE

REDUCTION PROJECT

RARITAN BAY + SANDY HOOK BAY

PHASE II-CONTRACT 4A

PORT MONMOUTH, NEW JERSEY

IFB No. W912DS-19-B-0021

Specifications

September 23, 2019

LEFT BLANK INTENTIONALLY

Port Monmouth Phase II Contract 4A NJ PORTMONPIICT4A Specification

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 22 10 TECHNICAL PROPOSAL DESIGN -BID-BUILD SELECTION PROCEDURES

00 22 20 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

00 24 00 EVALUATION FACTORS FOR AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 18 SPECIAL CONTRACT REQUIREMENTS

00 90 01 WAGE RATES

00 90 02 PERMITS

00 90 03 BORING DATA

00 90 04 SEDIMENT SAMPLING RESULTS

00 90 05 JCP&L REQUIREMENTS

00 90 06 LANE CLOSURE FORM

00 90 07 WORK COMPLETE FORM

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 14 00 WORK RESTRICTIONS

01 22 00.00 10 MEASUREMENT AND PAYMENT

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 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

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 03 - CONCRETE

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

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 31 01.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL WORKS

03 39 00.00 10 CONCRETE CURING

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

31 11 00 CLEARING AND GRUBBING

31 23 00.00 20 EXCAVATION

31 32 00.00 18 SOIL STABILIZATION SYSTEM

PROJECT TABLE OF CONTENTS Page 1

31 32 11 SOIL SURFACE EROSION CONTROL

DIVISION 32 - EXTERIOR IMPROVEMENTS

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

32 12 10 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS (FOR ROADS UNDER NJDOT

JURISDICTION)

32 12 17 HOT MIX BITUMINOUS PAVEMENT (FOR ROADS NOT UNDER NJDOT

JURISDICTION)

32 92 19 SEEDING

32 93 00 EXTERIOR PLANTING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

SECTION 00 00 01

COVER SHEET

PART 1 GENERAL

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

HURRICANE AND STORM DAMAGE REDUCTION PROJECT

RARITAN BAY + SANDY HOOK BAY, PHASE II-CONTRACT 4A

PORT MONMOUTH, NEW JERSEY

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-19-B0021

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 accepted. Submission of such documents may render the bid or offer

DOCUMENT 00 00 01 Page 1 non-responsive and ineligible for award.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 00 01 Page 2

SECTION 00 00 02

CHECK LIST FOR BIDDERS

PART 1 GENERAL

ATTACHED IS IFB NO. W912DS-19-B-00021

HURRICANE AND STORM DAMAGE REDUCTION PROJECT

RARITAN BAY + SANDY HOOK BAY, PHASE II-CONTRACT 4A

PORT MONMOUTH, NEW JERSEY

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR

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

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

SUBMITTING A PROPER BID

____HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

____HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION 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.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 00 02 Page 2

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 10 00 Page 1

DOCUMENT 00 10 00 Page 2

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 21 16 Page 1

DOCUMENT 00 21 16 Page 2

SECTION 00 22 10

TECHNICAL PROPOSAL DESIGN -BID-BUILD SELECTION PROCEDURES

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 22 10 Page 1

DOCUMENT 00 22 10 Page 2

SECTION 00 22 20

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 22 20 Page 1

DOCUMENT 00 22 20 Page 2

SECTION 00 24 00

EVALUATION FACTORS FOR AWARD

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 24 00 Page 1

DOCUMENT 00 24 00 Page 2

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 45 00 Page 1

DOCUMENT 00 45 00 Page 2

SECTION 00 72 00

CONTRACT CLAUSES

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 72 00 Page 1

DOCUMENT 00 72 00 Page 2

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

EP 1110-1-8 (2016) Construction Equipment Ownership and Operating Expense Schedule

1.2 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 240 calendar days after the date the Contractor receives the notice to proceed, except in case the Contracting Officer determines that seeding is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting period following the contract completion date. This action will not operate to extend the performance time for the balance of the work. The time stated for completion shall include final cleanup of the premises. (FAR 52.212-3)

b. The Contractor shall furnish all labor, materials, equipment, and services for the following work.

c. 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.

1.3 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS.

This project is estimated between $1,000,000 to $5,000,000.

1.4 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 $2,274.00 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.

DOCUMENT 00 73 00.00 18 Page 1

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 $681.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.5 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.

1.6 INSURANCE PROCURED BY CONTRACTOR

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

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

(2) The policies described above shall be endorsed (i) to include Middletown Township, Monmouth County and the State of New Jersey Department of Environmental Protection as additional insured and

(ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(3) Maritime Protection and Indemnity Insurance and Chartered Legal Liability Insurance, where applicable, in limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, death, and property damage including coverage for masters and members of crews;

(4) Environmental liability insurance in limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, death, and property damage.

(3) 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.

DOCUMENT 00 73 00.00 18 Page 2

(4) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to Middletown Township, Monmouth County and the State of New Jersey Department of Environmental Protection, 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.

1.7 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.

1.8 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/ 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/

1.9 IMPLEMENTING WARRANTY

Refer to section 01 78 00 CLOSEOUT SUBMITTALS

DOCUMENT 00 73 00.00 18 Page 3

1.10 CERTIFICATES OF COMPLIANCE

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)

1.11 VERIFICATION OF SMALL BUSINESS UTILIZATION

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

b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this Contract, the Contracting Office may survey the extent of small and small disadvantaged business utilization under this Contract.

The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small business and small disadvantaged businesses.

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

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

1.12 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.13 CONTRACT DRAWINGS 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.

1.14 RECORD DRAWINGS

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

1.15 AVAILABILITY OF CAD DRAWING FILES

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

SUBMITTALS.

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

Data and information furnished or referred to below is for the Contractor's

DOCUMENT 00 73 00.00 18 Page 4 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: 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

1.17 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

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

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region I. Working conditions shall be considered to be 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.

1.18 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 U.S. survey 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

DOCUMENT 00 73 00.00 18 Page 5 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.

1.19 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.

1.20 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 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.

DOCUMENT 00 73 00.00 18 Page 6

2. ADVERSE WEATHER FOR WORK: 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

7 6 7 5 6 5 6 5 5 4 6 6

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled 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)”.

1.21 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.

1.22 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT 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.

DOCUMENT 00 73 00.00 18 Page 7

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 subcontractor's performance; and

(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.

DOCUMENT 00 73 00.00 18 Page 8

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 14 days from the date of acceptance of the project by the Contracting Officer.

1.23 PAYMENTS FOR MATERIALS DELIVERED OFF-SITE (52.232-5000)

(a) Pursuant to FAR 52.232-5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

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

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

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

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

DOCUMENT 00 73 00.00 18 Page 9

1.24 PROGRESS PAYMENTS

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

1.25 PRICING OF ADJUSTMENT

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.

1.26 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.

1.27 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.

1.28 FACILITIES

a. All structures and facilities shall be new and designed and maintained for year round operation from Notice to Proceed through the contract completion date. The field office shall be located in or adjacent to the site within view of the project area.

DOCUMENT 00 73 00.00 18 Page 10

- All parking areas shall be provided with adequate outdoor lighting with a minimum of 5-foot candles throughout. Provide minimum of 15 vehicle parking spaces adjacent to the office with chain link fence enclosure and 2 gates for 12' electro/mechanical opening by electronic card reader at the gate (15 cards).

- The Contractor shall erect a weather station at the field office to electronically record wind speed, direction and rainfall quantities on a daily basis at the Government trailer. This data shall be the basis for any weather delays for this contract. In addition to the weather station, the Contractor shall furnish an automatic tide gage recorder immediately adjacent to the borrow area currently in use. The original daily record from the recorder shall be provided with the Contractor's daily quality control report.

b. No separate payment will be made for providing the above accommodations and all costs in connection therewith will be considered the obligations of the Contractor. All facilities shall be removed from the project site at the contract completion date or when and as directed by the Contracting Officer.

c. No payment shall be made for Mobilization until all facilities are complete and accepted by the Contracting Officer.

1.29 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.

1.30 PROTECTION OF EXISTING STRUCTURES

All existing structures, fences, utility lines, roads, dunes and other improvements shown on the drawings or others which the existing and location of are made known to the Contractor prior to beginning work shall be protected from damage. In the event of damage as a result of the Contractor's operations, The Contractor shall be responsible for the repair, restoration, or for all cost of damage resulting therefrom. If the Contractor elects to have alterations made to any existing structure, utility, dune, road, or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alteration and the arrangements made shall be approved by the Contracting Officer prior to their alteration. Repair and Restoration shall comply with contract requirements and shall also be approved by COR.

1.31 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION POINT OF CONTACT

The point of contact for the New Jersey Department of Environmental Protection (NJDEP) is Mr. William Dixon, Supervisor, Bureau of Coastal Engineering, 1510 Hooper Avenue, Suite 140, Toms River, NJ 08753, DOCUMENT 00 73 00.00 18 Page 11 telephone: 732-255-0767, (fax 732-255-0774), Email:

william.dixon@dep.state.nj.us

1.32 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:

(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

DOCUMENT 00 73 00.00 18 Page 12 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.

1.33 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."

1.34 VEHICULAR AND OTHER TRAFFIC CONTROL

The Contractor shall be required to provide and maintain barriers, flagmen and warning devices during construction and hauling operations, which may interfere with vehicular and other traffic as specified in 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS. 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.

1.35 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 route for the borrow and 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. Temporary chain-link fence shall be installed around the staging areas to include field trailers, storage containers, and equipment/material storage, and removed upon completion of construction. 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 within project boundaries. 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. Parking for Contractor's employees shall be on the project site. The Contractor will return all disturbed areas to their original condition unless specifically authorized by the Contracting Officer.

c. Off-site storage areas are not available.

d. The Contractor shall be responsible for the control of material deliveries, vendors, suppliers, prospective employees and other authorized

DOCUMENT 00 73 00.00 18 Page 13 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 which ever comes first.

i. The color of dumpsters, trailers, and storage sheds and portable latrines shall be approved by the Contracting Officer.

j. All materials, trailers, and storage sheds in staging and construction areas shall be elevated and stored a minimum of 3 feet from any structure or fixed object. Trailers shall have doors on both ends.

k. Contractor shall limit employees to his work site.

1.36 EXISTING PARKING

The existing parking for visitors and Government employees shall not be used by the Contractor. No contractor or subcontractor employee parking is available near the immediate facility and no parking on the shoulders of the roads is allowed.

1.37 MAINTENANCE OF ACCESS ROADS

a. The Contractor shall be responsible for the maintenance of access roads at the construction site. Maintenance of access roads shall include snow removal. The Contractor shall remove snow piles and rows when they affect safety, hamper emergency and fire vehicles, or block proper drainage.

b. The Contractor shall provide and allow full access to the project site to all traffic, except as noted, to other contractors and authorized personnel as designated by the Contracting Officer.

c. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING: The Contractor shall not inflict damage upon land properties, roads outside the authorized construction areas by unwarranted entry upon, driving over curbs, passage through, damage to or disposal of, material on such land or property, or overloading of roads. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the Installation. If such an agreement is made, it shall be in writing and

DOCUMENT 00 73 00.00 18 Page 14 a copy shall be furnished to 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 Contractor operations.

1.38 FIRE PROTECTION

The Contractor will provide fire protection in accordance with Section 9 of EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual. The Contractor's means of providing such protection will be included in his Health and safety plan as required by the contract. The plan shall include fire exits and access routes during construction and during partial acceptance of the facilities, if any.

The Fire Department does not permit open flame heating devices or tar kettles on roofs.

1.39 UTILITY LOCATION VERIFICATION

Refer to section 01 35…