Amendment 0005 Plans and Specs.pdf

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INV. 4.27

RIM 11.57

PROTECTED SIDE

UNPROTECTED SIDE

RCP @ 1.3%

22, LF 15" CLASS IV

FROM SWALE 5A/5B

16LF, CLASS IV RCP @ 5.0%

EXISTING 12" PIPE TO REMAIN

TOP OF SHEET PILE EL. 13.0

ACCESS LADERHORIZ - #6 @ 12" OC

VERT - #6 @ 12" OC

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DEVICE AND INDICATOR

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GATE LIFT WITH ENCLOSED

ALLOW CLEARANCE FOR HATCH FRAME ANGLES

4' X 3' ALUMINIUM HATCH FRAME AND GRATE

FILL

FILL

2.5

STEM SLUICE GATE

MANUALLY OPERATED RISING

SEE NOTE 4

SLUICE GATE

SHEET PILE WALL

NORTHERN RETAINING/FLOODWALL

SHEET PILE WALL TIE IN TO LEVEE

NORTHERN RETAINING/FLOODWALL

EXISTING 12" PIPE

CULVERT, 15" RCP

PROPOSED SWALE OUTLET

SWALE 5A

SWALE 5B

DRAINAGE STRUCTURE C3-5

PROPOSED

GRADES

TO

MEET

GRADE

1V :2.

TO MEET EXISTING GRADES

LEVEE SLOPING DOWN

TO CB#4

PROPOSED 15" RCP

SHEET PILE WALL

NORTHERN RETAINING/FLOODWALL

A

C-514

SEE DETAIL SHEET C-507 AND S-303

UTILITY CROSSING SHEET PILE WALL

SECTION

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PLAN

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CLPIPE SECTION

NTS

2 REFER TO SHEET M-502, M-503 AND M-603 FOR SLUICE GATE DETAILS.4.

RAILINGS ON ALL SIDES OF DRAINAGE STRUCTURE. 3.

SEE CIVIL DRAWINGS FOR PIPE INFORMATION. 2.

REQUIREMENTS (REFER TO MECHANICAL DRAWINGS)

PROVIDE SUFFICIENT CLEARANCE FOR FLANGE MOUNTING PER MANUFACTURER'S 1.

NOTES:

FILL W/NON-SHRINK GROUT

MANUFACTURER, SEE MECHANICAL DRAWINGS

FILLER MATERIAL AS RECOMMENDED BY THE

C-514

6" BEDDING STONE

AS SHOWN IN DETAIL 3 SHEET S-203

PROVIDE ADDITIONAL REINFORCEMENTS

SEE NOTE 2

GRADE TO MEET SHEET PILE

TOP & BOTTOM

#6 @ 12" OC EW

12"

GRADE STRAIGHT FROM DRAINAGE STRUCTURE STRAIGHT TO MEET PROPOSED GRADES NORTH AND SOUTH, SHEET PILE TO EAST AND SLOPE DOWN AS SHOWN TO THE WEST.2

ACCESS TO THE TOP OF THE DRAINAGE STRUCTURE SHALL BE FROM SIDEWALK FROM PORT MONMOUTH ROAD (NO OUTSIDE CLIMBING REQUIRED)1

Notes:

INV. 4.14

INV. 4.71

EXISTING INV. 4.27

GRADE TOWARDS CB#4

EL. 5.51

LOW POINT

4'12"

LADDER

ACCESS

HATCH DOOR

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STEEL WALL SLEEVE WITH WATERSTOP

M

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VERT - #6 @ 12" OC

AT THE POINT OF ACCESS

PROVIDE LOCKABLE SWING GATE

SEE NOTE 3

SAFETY RAILING

RUNGS 12" OC

FIXED LADDER METAL

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PORMON_CT5_C-515.dgn Plot 5/16/2022 12:13:14 PM

PORTMONPIICT5 PORT MONMOUTH PHASE II, CONTRACT 5

Amendment 03

SECTION 01 11 00

SUMMARY OF WORK

08/ 15, CHG 1: 05/ 21

PART 1 GENERAL

1.1 FAR 52.211-10, COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor must 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 570 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 must 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 must include final cleanup of the premises (FAR 52.212-3).

The Government is under no obligation to award any options. If Options are exercised, Option Bid items 0001-0003 must be exercised within 570 calendar days after Notice to Proceed of the base contract. Approximate construction duration of Option 1, 2, and 3 are as follows; Option 1: 194 calendar days, Option 2: 305 calendar days and Option 3: 336 calendar days. No additional days will be added to the contract duration period.

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

c. All work must 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 $10,000,000 and $25,000,000.

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

The work includes construction of floodwalls and retaining walls, earthen levees, interior drainage features (swales, ponding areas, drainage, pipes), one pump station and outfall, generator building, road raising and utility relocation, development of permit applications and incidental related work.

1.3.1.1 Monitoring Of Archaeological Resources

There is the potential to encounter remains of a circa 1873 Raritan and Delaware Bay Railroad depot building toward the southern end of the levee proposed between Port Monmouth Road and the beach (Plan Sheet C-101G).

The area of concern extends from the northern edge of Port Monmouth Road to approximately Station 35+50. An archaeologist will be on-site during the excavation for this levee and associated features in this area. The

SECTION 01 11 00 Page 1 04/20/22 archaeologist will be allowed time to clear off and document historic resources encountered through drawings, photographs, and notes. The archaeological work will be undertaken by the Corps Project Archaeologist or their consultant. The construction contractor must provide equipment and labor to mechanically excavate the area and implement all necessary safety measures.

All excavation will be limited to that required for construction in terms of location and depth. No archaeological work will be undertaken beyond these limits. However, in areas with potential historic resources, the archaeologist can direct the excavation to be performed in a manner that avoids damage to historic resources (such as careful excavation around a buried foundation) or allows the archaeologist to investigate something (such as temporarily halting excavation to examine a fill deposit).

Previous archaeological work in this area suggests that archaeological resources, if present, will be encountered to a depth of no more than 6-feet below ground surface.

Ideally, to facilitate the investigations, this work must be scheduled near the initiation of construction. This will allow the on-site archaeologist time to conduct their work and to address significant resources should any be encountered. Selected locations may need to be left open overnight to allow the archaeologist time to complete their work in a given area.

1.3.1.1.1 AREAS OF RESPONSIBILITY

a. Contractor

The Contractor must provide equipment and operating personnel to excavate the area as defined in the construction drawings.

Contractor personnel will not be required once mechanically assisted excavation is complete, and archaeologists have started their work in the open area.

The Contractor must provide and install all regulated safety measures needed to allow the on-site archaeologist to safely access the area.

Shoring may be required, but ideally, the excavation can be sufficiently opened that no shoring will be necessary.

The Contractor must provide equipment and operating personnel to cover the excavations at the end of the workday to uncover them at the start of the workday, as needed. It is anticipated that the excavations may need to be opened/covered on not more than 1 day at a time.

The Contractor must provide equipment and operating personnel to backfill the excavated areas at the end of the excavation if required by COR.

b. Archaeologist

The on-site archaeologist(s) will be provided by the US Army Corps of Engineers and maybe Corps staff (Corps Project Archaeologist) or their consultant.

The on-site archaeologist(s) must monitor the construction excavation and examine and document exposed soils and archaeological features.

The archaeologist can direct the excavation to be performed to avoid

SECTION 01 11 00 Page 2 damage to historic resources (such as careful excavation around a buried foundation or temporarily halting excavation to examine a fill deposit).

1.3.1.1.2 NATURE OF THE ARCHAEOLOGICAL WORK

The excavation areas, locations, and depths will be limited to the excavation extent as defined in the Contract Documents. The archaeologist will be given time to safely enter the excavation area to examine the soils and features that are exposed.

The archaeologist may also conduct excavations or clearing of trenches by hand. The archaeologist may record the soil profiles and structural features in the excavated areas through photography, drawings, and notes.

Cultural material, if present, may be collected and bagged appropriately for identification and curation. Limited screening of the soil removed from the excavated areas may be undertaken. The Contractor will not need to be present when the archeologist is recording the excavation, except to uncover/cover the excavation areas and install regulated safety measures, as needed.

The results of the archaeological monitoring will be presented in a written report which will be coordinated with the New Jersey Historic Preservation Office. The Corps Project Archaeologist will undertake the report and coordination.

Archeological work in any single location where a potential historic resource is encountered is anticipated to take between 1 and 2 days.

1.3.1.1.3 ACTIONS TO BE TAKEN BY ARCHAEOLOGIST SHOULD REMAINS REQUIRING

FURTHER STUDY BE ENCOUNTERED

Should significant materials or features be identified and the Corps Project Archaeologist determines that further investigation of the area is required, the Corps Project Archaeologist, consulting archaeologist as needed, Contractor and COR must meet to determine the level of effort and time anticipated. The Corps Project Archaeologist must coordinate this effort with the New Jersey Historic Preservation Office.

Delay in construction related to the need for further archaeological investigation and coordination might require a Change Order.

1.3.2 Location

The site of the work is located in Port Monmouth, Middletown Township, Monmouth County, New Jersey. The exact location will be shown by the Contracting Officer.

1.4 EXISTING WORK

In addition to FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, SECTION 01 11 00 Page 3 existing work must be in a condition equal to or better than that which existed before new work started.

1. Existing retaining walls that are in the way of the floodwall alignment shall be removed and rebuilt at a coordinated location post construction.

1.4.1 PROTECTION OF EXISTING STRUCTURES

All existing structures, fences, sprinklers system, 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 must be protected from damage. In the event of damage resulting from the Contractor's operations, The Contractor must be responsible for the repair, restoration, or all cost of damage resulting therefrom. If the Contractor elects to have alterations made to existing structures, utility, dune, road or other improvements for his convenience, he must make arrangements with the owner of the facility for such alteration, and the arrangements made must be approved by the Contracting Officer prior to their alteration. Repair and Restoration must comply with contract requirements and must also be approved by COR.

Condo Pool area shall be fenced in if fences are to be removed.

1.4.2 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

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

1.5 LOCATION OF UNDERGROUND UTILITIES

Obtain digging permits prior to start of excavation, and comply with Installation requirements for locating and marking underground utilities.

Contact local utility locating service a minimum of ten (10) business days prior to excavating, to mark utilities, and within sufficient time required if work occurs on a Monday or after a Holiday. Verify existing utility locations indicated on contract drawings, within area of work.

Identify and mark all other utilities not managed and located by the local utility companies. Scan the construction site with Ground Penetrating Radar (GPR), electromagnetic, or sonic equipment, and mark the surface of the ground or paved surface where existing underground utilities are discovered. Verify the elevations of existing piping, utilities,and any type of underground obstructions not indicated, or specified to be removed, that is indicated or discovered during scanning, in locations to be traversed by piping, ducts, and other work to be conducted or installed. Verify elevations before installing new work closer than nearest manhole or other structure at which an adjustment in grade can be made.

SECTION 01 11 00 Page 4

1.5.1 Notification Prior to Excavation

Notify the Contracting Officer at least 15 days prior to starting excavation work.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 MONITORING OF ARCHAEOLOGICAL RESOURCES

3.1.1 Coordination Meeting With Project Archaeologist

Prior to initiating construction, the Contractor must arrange and attend a meeting with the Corps Field Office Representative/Contract COR, Corps Project Archaeologist, consulting archaeologist as needed, and other interested project parties. The purpose of this meeting, at a minimum, will be to review the following:

1. Requirements and objectives of the archaeology plan.

2. Archaeologist and contractor areas of responsibility.

3. Authority of the archaeologist while on-site during construction.

3.1.2 Anticipated Excavation Requirements

As required for construction.

3.1.3 Possible Excavation Sequencing Plan

The following identifies one possible sequencing plan for accomplishing the required archaeological work. This sequencing plan is provided for information only and may be adjusted by the Corps Project Archaeologist or Contractor.

1. Archaeologist could determine areas more sensitive for historic resources and suggest those areas be excavated early in construction.

2. Archaeologist will be given time to examine the areas excavated, approximately 1 day per potential historic property encountered.

Contractor can proceed with other work in the area when archaeologist is at work.

3. Selected portions of the excavated area may be left open for more detailed examination and further investigations by hand. These areas may require shoring for safe entry and/or covering for safety at the end of the workday. The shoring will be installed to provide safety for the archaeologist while still allowing a view to excavation unit walls.

-- End of Section --

SECTION 01 11 00 Page 5

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SECTION 01 11 00 Page 6

Amendment 0003

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

11/20

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.2 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

View Location Map ; G, RO

Progress and Completion Pictures ; G, RO

Utilities Documentation ; G, RO

SD-11 Closeout Submittals

As-Built Conditions Survey ; G, RO

1.3 VIEW LOCATION MAP

Submit, prior to or with the first digital photograph submittals, a sketch or drawing indicating the required photographic locations. Update as required if the locations are moved.

1.4 PROGRESS AND COMPLETION PICTURES

Photographically document site conditions prior to start of construction operations. Include still and video photography to document and record the exterior conditions of all structures within 100 feet of construction activities. Provide monthly, and within one month of the completion of work, digital photographs, 1600x1200x24 bit true color minimum resolution in JPEG file format and MP4 video, showing the sequence and progress of work. Take a minimum of 10 digital photographs each day throughout the entire project from a minimum of ten different viewpoints selected by the Contractor unless otherwise directed by the Contracting Officer. Submit the monthly invoice with digital photographs, cumulative of all photos to date. Indicate photographs demonstrating environmental procedures.

SECTION 01 30 00 Page 1 05/11/22

Provide photographs for each month in a separate monthly directory and name each file to indicate its location on the view location sketch. Also provide the view location sketch as a digital file. Include a date designator in file names. Photographs provided are for unrestricted use by the Government. Refer to section 01 33 00 SUBMITTAL PROCEDURES, Electronic File Format paragraph for information on electronic file format for submission.

1.4.1 UTILITIES DOCUMENTATION

For utilities locations of sanitary sewer(s), storm water sewer(s) and gas main(s) 6-inches in diameter or larger within 20 feet or crossing construction activity locations, the Contractor must video and record the piping between manholes located outside the limits of construction activity locations and for gas mains video between access locations or locations selected by the Contracting Officer that are located outside the construction activity locations. The contractor must video pre- and post-construction conditions. For gas mains, the Contractor must secure permits and/or permission from the utility that has jurisdiction and perform all required utility activities. The video documentation and recording must continuously record the sewer(s) or gas main(s) indicating the footage data and showing the entire perimeter of the sanitary sewer(s) above the dirty water level or the entire perimeter of storm water piping or gas piping. For storm water piping, video must document piping connected to catch basins or inlets within construction activity locations

1.5 TOPOGRAPHIC SURVEY

Topographic mapping and existing site conditions provided on plans are based on aerial photography dated January 2014, conventional mapping methods and field editing. It must be the responsibility of the Contractor to verify all distances and locations in the field.

1.6 AS-BUILT CONDITIONS SURVEY

a. Surveys must include cross sections and creation of the Digital Terrain Model (DTM) in 3-D Microstation.

b. Surveys must be obtained to at least third order class II accuracy.

c. Upon completion of the grading, a final DTM must be taken on the final project worksite. The DTM must define breaklines along boundaries where sharp or abrupt changes in surfaces occur, such as top of and bottom of levee, etc. The DTM must also include high points and low points at a predetermined grid interval.

d. Survey must be provided according to Section 01 33 00 SUBMITTAL PROCEDURES and Section 01 78 00 CLOSEOUT SUBMITTALS.

e. Additional requirements are laid out in Section 01 78 00 CLOSEOUT

SUBMITTALS.

1.7 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 interpretations of or conclusion drawn from the data or information by the Contractor.

SECTION 01 30 00 Page 2

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

1.8 MINIMUM INSURANCE REQUIREMENTS

Provide the minimum insurance coverage required by FAR 28.307-2 Liability, during the entire period of performance under this contract. Provide other insurance coverage as required by State law.

a. The Contractor must 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 must not contain environmental exclusion clause and there must be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

( 21) The policies described above herein must 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 insured must serve as notice from all insured.

( 32) 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;

( 43) 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.

( 34) 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.

( 45) 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, must 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 must

SECTION 01 30 00 Page 3 furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance must contain an endorsement to the effect that cancellation or material change in the policies adversely affecting the interests of the Government in such insurance must 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 COMMERCIAL GENERAL LIABILITY INSURANCE (OPTION)

(1) The policies described herein must be endorsed (i) to include 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 insured must serve as notice from all insured.

(2) 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 must not contain environmental exclusion clause and there must be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

1.10 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

The Contractor must 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/ Department of Labor Veterans Employment Assistance https://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act

SECTION 01 30 00 Page 4 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 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 subcontracts that may exceed $1,000,000, including this subparagraph d.

1.13 SUPERVISION

1.13.1 Superintendent Qualifications

Provide project superintendent with a minimum of 10 years experience in construction with at least 5 of those years as a superintendent on projects similar in size and complexity. The individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The individual must be capable of interpreting a critical path schedule and construction drawings. The qualification requirements for the alternate superintendent are the same as for the project superintendent. The Contracting Officer may request proof of the superintendent's qualifications at any point in the project if the performance of the superintendent is in question.

1.13.2 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, capable of reading, writing, and conversing fluently in the English language, on the job-site at all times during the performance of Contract work.In addition, if a Quality Control (QC) representative is required on the Contract, then that individual must also have fluent English communication skills.

1.13.3 Duties

The project superintendent is primarily responsible for managing subcontractors and coordinating day-to-day production and schedule adherence on the project. The superintendent is required to attend partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted.

SECTION 01 30 00 Page 5

1.13.4 Non-Compliance Actions

The Project Superintendent is subject to removal by the Contracting Officer for non-compliance with requirements specified in the contract and for failure to manage the project to ensure timely completion.

Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.14 SUPERINTENDENCE OF SUBCONTRACTORS

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

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

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

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

1.15 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.16 PRECONSTRUCTION CONFERENCE

Immediately after award , prior to commencing any work at the site, coordinate with the Contracting Officer a time and place to meet for the Preconstruction Conference . The conference must take place within 35 calendar days after award of the contract, but prior to commencement of work at the site. The purpose of this conference is to discuss and develop a mutual understanding of the administrative requirements of the Contract including but not limited to: daily reporting, invoicing, value engineering, safety, base-access, outage requests, hot work permits, schedule requirements, quality control, schedule of prices or earned value report, shop drawings, submittals, cybersecurity, prosecution of the work, government acceptance, final inspections and contract close-out.

Contractor must present and discuss their basic approach to scheduling the construction work and any required phasing.

1.16.1 Attendees

Contractor attendees must include the Project Manager, Superintendent, Site Safety and Health Officer (SSHO), Quality Control Manager and major

SECTION 01 30 00 Page 6 subcontractors.

The Contractor must provide at this conference the following items as indicated:

a. Initial Project Schedule; section 01 32 01.00 10 Project Schedule

b. Accident Prevention Plan (APP); section 01 35 26 Governmental Safety Requirements

c. Contractor Quality Control (CQC) Plan; section 01 45 00.00 10 Quality Control

d. List of Contact Personnel; section 01 14 00 Work Restrictions

e. Letter appointing Superintendent

f. Detailed Concept of Operations Plan

1.17 FAR 52.211-12, LIQUIDATED DAMAGES--CONSTRUCTION

For liquidated damages amount see FAR Clause 52.211-12 in the Solicitation.

1.18 NO WAIVER BY GOVERNMENT

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

1.19 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 must submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which must 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 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 must 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

SECTION 01 30 00 Page 7 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 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 must first receive the invoice submissions and the Contractor must be so notified at the pre-construction conference. In addition to the designated Project Engineer, the Contractor must 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 requests for payment that are 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 must submit a new breakdown and ENG Form 93 and 93a and other submissions requiring correction. These must

SECTION 01 30 00 Page 8 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 must issue a check within 14 days from the date of acceptance of the project by the Contracting Officer.

1.20 SUBMISSION OF CLAIMS

The following must be submitted to the Contracting Officer at the following address: US Army Corps of Engineers, New York District, 26 Federal Plaza, Room 1843, NY, NY 10278-0090:

a. Claims referencing or mentioning the Contracts Disputes Act of 1978.

b. Request for a written decision by the Contracting Officer.

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

No other Government representative is authorized to accept such a request. A copy must also be provided to the authorized Contracting Officer's Representative.

The Contractor must also provide the Contracting Officer with a copy of requests for additional time, money, or interpretation of contract requirements which were provided to the authorized representative of the Contracting Officer that have not been resolved after 90 days.

1.21 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 must be limited to:

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(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 must 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 must be limited to the following items:

None

1.22 PROGRESS PAYMENTS

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

1.23 PRICING OF ADJUSTMENT

When costs are a factor in determination of a contract price adjustment pursuant to the Changes clause or other clause of this contract, such costs must 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.

1.24 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (2011)

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

WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor must be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations.

When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service must be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service must be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor must obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access must include electronic

SECTION 01 30 00 Page 10 review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

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

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service must be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services must not be a separately bid/proposed or reimbursed item under this contract. 1.25 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.

1.26 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled “Subcontracts”, the Contractor must 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.

1.27 PARTNERING

Contractor shall host the partnering session within 45 calendar days of contract award. To most effectively accomplish this Contract, the Contractor and Government must form a cohesive partnership with the common goal of drawing on the strength of each organization in an effort to achieve a successful project without safety mishaps, conforming to the Contract, within budget and on schedule. The partnering team must consist of personnel from both the Government and Contractor including project level and corporate level leadership positions. Key Personnel from the local government, Contractor, key subcontractors and the Designer of Record are required to participate in the Partnering process.

1.27.1 Facilitated (Formal) Partnering

a. Within 45 calendar days after award and prior to the start of work, SECTION 01 30 00 Page 11 host a Formal Partnering session with key personnel from the project team including both Contractor and Government personnel. The Contractor should plan for the attendance of approximately 15-20 individuals from the Government, local sponsor, in addition to the Contractor's and subcontractor's personnel. All costs associated with the Partnering session including the third-party independent Facilitator Consultant, meeting room and other incidental items are the responsibility of the Contractor.

b. Before the Facilitated (Formal) Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note pads, pens/pencils, colored flash cards) and have these items available at the Partnering session. Provide copies of any documents required for distribution to all attendees. Participants will bear their own costs for meals, lodging and transportation associated with Partnering .

c. The Initial Partnering Session must be a duration of one day and be held at a location off base as agreed to by the Contracting Officer.

Partnering session may take place concurrently with the Pre-Construction Meeting.

d. Facilitator must be experienced in conducting corporate Partnering sessions and must be a third-party independent facilitating consultant

- not an employee of the Contractor. The Facilitator is responsible for leading all aspects of the Partnering session necessary to achieve the Partnering goal.

e. An outcome of the Partnering session must be an escalation matrix agreed upon by both the Government and Contractor, which identifies key Government and Contractor decision makers by name and anticipated decision durations.

f. Host follow-on Partnering Sessions at three- to six-month intervals or more frequently if needed and lasting generally a half day or less.

Attendees need only be those required to resolve current issues. The same Facilitator used in the Initial Partnering session must lead the follow-on sessions unless an alternative is permitted by the Contractor Officer. All costs associated with follow-on Partnering sessions are the responsibility of the Contractor.

g. provide a completed partnering agreement to all participants within 30 days of the partnering session.

1.28 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, telephone: 732-255-0767, (fax 732-255-0774), Email:

william.dixon@dep.state.nj.us

1.29 FINAL EXAMINATION AND ACCEPTANCE (APR 1965 OCE)

a. The entire area within the contract limits will be surveyed for final examination and acceptance.

b. The cost for all surveys for progress payments must be borne by the

SECTION 01 30 00 Page 12

Contractor.

c. Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section must not change the time of payment of the retained percentage of the whole or part of the work.

PART 2 PRODUCTS

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PART 3 EXECUTION

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TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

11/20

PART 1 GENERAL

1.1 REFERENCES

The…