01 20 00.00 20 price and payment procedures.pdf

Port of Albany Turning Basin, Hudson River, NY Federal Navigation Project 2021

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PART 1 GENERAL

1.1 REFERENCES

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PRICE AND PAYMENT PROCEDURES

03/21

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)

EP-1110-1-8 (2014) Construction Equipment Ownership and Operating Expense Schedule

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals; G

1.3 CONTRACT MODIFICATIONS

In conjunction with the Contract Clause "DFARS 252.236-7000, Modification

Proposals-Price Breakdown," and where actual ownership and operating costs of construction equipment cannot be determined from Contractor accounting records, equipment use rates shall be based upon the applicable provisions of the EP-1110-1-8.

1.4 PAYMENTS TO THE CONTRACTOR

Payments will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

1.4.1 Obligation of Government Payments

The obligation of the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting

Officer, be subject to reductions and/or suspensions permitted under the

FAR and agency regulations including the following in accordance with "FAR

32.503-6:

a. Reasonable deductions due to defects in material or workmanship;

b. Claims which the Government may have against the Contractor under or in connection with this contract;

c. Unless otherwise adjusted, repayment to the Government upon demand for

SECTION 01 20 00.00 20 Page 2 overpayments made to the Contractor; and

d. Failure to provide up to date record drawings not current as stated in

Contract Clause "FAC 5252.236-9310, Record Drawings.

1.5 SHOALING

If, before the contract is completed, shoaling occurs in the finished channel because of the natural lowering of the side slopes, re-dredging at the contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer and/or his

Representative.

1.6 CONTINUITY OF WORK

No payment will be made for work done in any area designated by the

Contracting Officer and/or her/his Representative until the full depth required under the contract is secured in the whole of such area, unless prevented by ledge rock; nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer or Contracting

Officer's Representative. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gauges or ranges cannot be seen or properly followed.

PART 2 PRODUCTS

2.1 QUANTITY SURVEYS

a. Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

b. The Government shall conduct the before-dredge and after-dredge surveys and make the computations based on them. The Contractor shall conduct the survey for any periods for which progress payments are requested and shall make the computations based on these surveys. These surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the

Contracting Officer waives this requirement in a specific instance.

c. Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer and/or his Representative, who shall use them as necessary to determine the amount of progress payments. Raw data, edited survey data with all supporting files and documentation, and all data generated during such work shall be furnished by the Contractor to the Contracting Officer and/or his Representative. The Contractor shall retain copies of all such material furnished to the Contracting Officer and/or his

Representative. (FAR 52.236-16). The Government will not commence work on the after-dredge survey until the Contractor has furnished the originals of all field notes, all other records relating to the

Contractor’s final survey or to the layout of the work, and all data generated during such work, to the Contracting Officer and/or his

Representative.

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d. Contractor's participation in surveys: In accordance with agency policy guidance, the preferred methods of performance of all hydrographic quantity surveys shall be (in descending order):

(1) The Government will perform quantity surveys by using qualified in-house crews, if available.

(2) The Government will provide quantity surveys by contracting directly with qualified independent hydrographic survey contractors.

(3) The Government will permit, only in exceptional circumstances, the use of dredging contractor's surveys if the

Contracting Officer and/or her/his Representative determine that such surveys are adequate and reasonable for payment purposes and a Government inspector, qualified in hydrographic surveying, is present during the collection of the survey data. Raw data, edited survey data with all supporting files and documentation, and all data generated during such work shall be furnished by the

Contractor to the Contracting Officer and/or his Representative.

If it is determined by the Contracting Officer that it is impractical for Government personnel to perform the before-dredge and after-dredge surveys and the Government wishes the Contractor's surveys to be used, the following will be required from the Contractor:

(1) Acceptance of all monumentation and transponder locations.

(2) Witness by a Corps of Engineers representative of all calibration procedures such as vertical and horizontal control.

(3) Corps of Engineers observation of raw data collection.

(4) Submittal of both unedited as well as edited versions of survey maps.

(5) Subsequent acceptance of edited survey map after determination by Corps survey personnel that editing was conducted in accordance with U.S. Army Corps of Engineers specifications and guidelines.

(FAR 52.236-16 - ALTERNATE I, APR 1984)

e. The Contractor is obligated to participate in all stages of data collection during the performance of Before and After Dredge Surveys.

The Contractor will be required to fill out an attendance log during such participation. Any disagreements with the data collection process, and / or any data generated during such work shall be brought to the attention of the Contracting Officer or his representative within five

(5) business days of the data collection process. The Contracting Officer or his representative will then determine the necessary corrective measures, if any. Failure to notify the Contracting Officer or his representative within 5 business days of the data collection process, or failure to be present during the survey data collection disqualifies the Contractor from any such related claims.

f. Any survey related disagreement(s) as it pertains to this contract must be submitted in writing to the Contracting Officer or his representative within 5 business days of occurrence of such survey related event. Failure to notify the Contracting Officer or her/ his representative within 5 business days of such survey

SECTION 01 20 00.00 20 Page 4 related event disqualifies the Contractor from any such related claims.

PART 3 EXECUTION

Not Used.

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