01 30 00 Admin Requirments.pdf

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

SECTION 01 30 00 Page 1

PART 1 GENERAL

1.1 SUMMARY

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

03/21

The requirements of these section apply to, and are component part of, each section of the project specifications.

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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Pre-Construction Submittals, G

Preconstruction Submittals shall be submit to the Contracting Officer or Contracting Officer Representative at least seven (7) days prior to the preconstruction conference. 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. Submit the following:

Certification of Insurance; G

Surety Bond; G

List Of Proposed Subcontractors; G

Order of Work; G The Contractor's order of work for dredging and performing other work, including disposal area plan.

Work To Be Performed By The Contractor; G, Subcontracting Plan; G

Progress Schedule; G

Submittal Register; G

Letter Appointing Superintendent; G

Activity Hazard Analysis; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

Accident Prevention Plan; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

Work Plan; G

Quality Control (QC) plan, G See Section 01 45 00.00 20

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Environmental Protection Plan; G

Dredged Material Placement and Mitigation Plan; G See Section 00 20

00; TECHINICAL SPECIFICATIONS

Notice to Mariners; G

SD-03 Product Data G

Monthly Progress Report

Project Schedule Status Report

The Contractor shall submit an updated Monthly Progress Report at the first meeting of each month, including a Project Schedule

Status Report and if no meeting is in the agenda, these items shall be submitted to the Contracting Officer Representative when requested.

SD-11 Closeout Submittals

As-Built Drawings; G

1.3 PRECONSTRUCTION CONFERENCE

Work shall not commence prior to the conference.

After award of contract, a pre-construction conference will be held at such time and location as determined by the Contracting Officer for purposes of discussing and developing mutual understanding between the Contracting

Officer or his authorized representative and the Contractor's

Representatives regarding the terms, conditions, and requirements of the contract. Members of the conference from the Government will include the quality assurance staff, the Contracting Officer or his authorized representative, and construction staff. Members from the Contractor shall include the site superintendent, project safety officer, and the quality control staff. The discussion will include, and may not be limited to, the following:

-Contractor Supervisory and Quality Control staff

-Correspondence Procedures

-Accident Prevention Plan

-Pollution Control Plan

-Quality Control

-Project Scheduling and Payment Procedures

-Other subjects that may be of interest to the contracting parties

-Schedule of Weekly Meeting

1.4 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING, AND DISPOSAL SITE

COMPLIANCE

(not used)

1.5 PROJECT MEETINGS

The Contractor and/or Contractor Representatives shall attend Weekly

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Project Meetings scheduled by the Government in accordance with Section

01 32 01.00 10 PROJECT SCHEDULE. The Contractor's Superintendent shall be in attendance at these scheduled project meetings.

A Monthly Progress Report shall include a Project Schedule Status Report per requirement of Section 01 32 01.00 10 PROJECT SCHEDULE.

1.6 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

Provide the Contracting Officer, within five (5) days after award, items of work to be performed by contractor's employees 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

Contract Clauses, FAR Clause 52.236-01

1.7 LIQUIDATED DAMAGES-CONSTRUCTION

a. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,310.00 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

1.8 PHYSICAL CONDITIONS

The information and data furnished or referred to below are not intended as representations or warranties but are furnished for information only. It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn by the Contractor.

a. WEATHER CONDITIONS. The site of the work is not exposed to severe wind and wave action and the Contractor's operations are not likely to be affected by ordinary storms. Real-time data are available on the

World Wide Web at http://www.ndbc.noaa.gov/index.shtml.

(1) Fog. An examination of the records of the Unedited Local

Climatological Data of the National Oceanic and Atmospheric

Administration's (NOAA) Climatic Data Center at Albany

International Airport, New York, discloses an average of 15 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the Albany area.

Visibility data are available on the Internet at https://www.ncdc.noaa.gov

(2) Winds. Wind conditions in the Newark Bay area, based on the records of the National Climatic Data Center's Local

Climatological Data for Albany International Airport, are as follows:

http://www.ndbc.noaa.gov/index.shtml http://www.ncdc.noaa.gov/

SECTION 01 30 00 Page 4

Wind Conditions for Albany International Airport, based on 55 years of data.

MONTH AVERAGE WIND SPEED (MPH) PEAK WIND GUST (MPH )

JANUARY 9.6 55

FEBRUARY 8.7 61

MARCH 9.6 47

APRIL 9.6 48

MAY 7.6 38

JUNE 6.7 37

JULY 5.4 37

AUGUST 5.6 43

SEPTEMBER 6.0 39

OCTOBER 6.5 41

NOVEMBER 8.1 51

DECEMBER 7.3 47

(3) Weather conditions exceeding in severity the fog conditions described above or average wind speeds exceeding 40 mph, or wave heights exceeding 3 feet will be considered unusually severe if delays are caused thereby to operations for more than 50% of the day under this contract.

(4) ICE, FLOOD AND FRESHET CONDITIONS. During the period of 1

December thru 15 April, the Hudson River may be closed by ice.

Icing that occurs during this period will not be considered unusually severe weather. Based on records of the Corps of

Engineers at Troy, NY, flooding or freshet conditions exceeding in severity of the following criteria for the month involved, will be considered usually severe if delays are caused thereby to operations in the Hudson River under this contract:

Maximum Elevation Above Lowest Low Water (ft)

Period On Any Day On More Than One Day

16-30 April 9.10 8.57

May 8.68 8.17

June 7.97 7.62

July 7.40 7.03

August 7.63 7.18

September 7.69 7.16

October 9.29 7.50

November 9.07 8.07

(5) TIDES The tide and current data for this project is tabulated below:

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Location

Albany Turkey Point Hyde Park Beacon

5.59 Mean Higher-

High Water 4.28

Mean Higher-

High Water 4.1

Mean Higher-

High Water 3.67

Mean Higher-

High Water

5.21 Mean High Water 3.95 Mean High Water 3.71 Mean High Water 3.32 Mean High Water

2.72 Mean Tide Level 2.07 Mean Tide Level 1.96 Mean Tide Level 1.76 Mean Tide Level

2.86 Mean Sea Level 2.17 Mean Sea Level 2.01 Mean Sea Level 1.82 Mean Sea Level

2.8 Mean Diurnal

Tide Level 2.14

Mean Diurnal

Tide Level 2.05

Mean Diurnal

Tide Level 1.84

Mean Diurnal

Tide Level

0.22 Mean Low Water 0.2 Mean Low Water 0.2 Mean Low Water 0.19 Mean Low Water

Mean Lower-Low

Water

Mean Lower-Low Water

Mean Lower-Low

Water

Mean Lower-Low Water

1.81

North American

Vertical Datum of

1.78

North American

Vertical Datum of

-8.91 Station Datum -25.13 Station Datum -27.26 Station Datum -18.66 Station Datum

5.58 Great Diurnal

Range 4.28

Great Diurnal

Range 4.1

Great Diurnal

Range 3.67

Great Diurnal

Range

4.98 Mean Range of

Tide 3.75

Mean Range of

Tide 3.51

Mean Range of

Tide 3.13

Mean Range of

Tide

0.38

Mean Diurnal

High Water

Inequality

0.33

0.39

0.35

0.22

Low Water

0.19

0.2

0.19

9.22

Greenwich High

Water Interval (in hours)

6.27

5.59

4.45

4.12

Greenwich Low

0.69

12.19

11.03

Water Interval (in hours)

11.08 Highest

Observed Tide 6.64

Highest Observed Tide

Highest Observed Tide

Highest Observed Tide

5/31/1984 5:18

Observed Tide

Date & Time

3/6/2018 9:54

Observed Tide

Date & Time

Highest

Observed Tide

Date & Time

Highest

Observed Tide

Date & Time

-3.48 Lowest Observed

Tide -1.85

Lowest Observed Tide

Lowest Observed Tide

Lowest Observed

3/8/1986 9:48

Tide Date & Time

12/26/2017 7:06

6.87

Astronomical

5.39

5.12

4.63

Astronomical Tide

5/6/1993 8:48 HAT Date and

Time 5/24/1986 6:00

HAT Date and Time

11/13/1985 18:06 HAT Date and

Time 11/13/1985 16:54

HAT Date and Time

-0.97

Lowest

-0.82

-0.6

-0.54

Astronomical Tide

8/29/1996 16:24 LAT 2/10/1997 2:36

LAT Date and

Time 2/10/1997 1:42

LAT Date and Time

3/9/1993 23:42 LAT Date and

Time

It should be noted that dredging operations may be affected to some extent by current conditions. Irregular tidal fluctuations may occur due to wind and atmospheric pressure.

b. BRIDGE AND UTILITY CROSSINGS.

UTILITY CROSSINGS:

A search of the regulatory files within New York District, Corps of

Engineers disclosed no submarine pipelines and/or structures crossing the area in question.

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Should the Contractor locate an unidentified utility within the designated dredge areas he shall immediately cease all dredging operations in the immediate vicinity and notify the Contracting

Officer in writing of the utilities presence and location. The

Contracting Office will be responsible for the disposition of dredging operations in that area. The Contractor shall not anchor or resume dredging operations in the restricted area of any such utility until ordered to do so by the Contracting Officer.

The Contractor shall take all necessary precautions to prevent damage to these structures. The Contractor is required to coordinate with the owners, if such action is necessary, to mark the structures or move the cables in order to avoid interference with dredging operations. Copies of all permits are available upon request. Please allow sufficient lead time.

BRIDGES:

The contractor shall exercise the utmost caution when dredging in the vicinity of any bridge, pier, abutment, or bulkhead to prevent the collapse, undermining or damage to these structures. In no case shall the contractor moor any plant to or tie any line, cable, chain or anchor line around any part of a bridge structure, pier, abutment or bulkhead connected therewith.

c. LOCATION. The location of the work to be done under these

d. CHANNEL AND TRANSPORTATION FACILITIES. Hudson River, NY: Based on a plans and specifications survey performed between August and October

2020, a controlling depth of at least 22.3 feet below COE MLW is available in the Hudson River Federal Navigation Channel from NYC to the Albany Turning Basin. Railroads and first class highways serve the locality / project vicinity.

e. CHANNEL TRAFFIC. Vessel traffic in the Hudson River Federal Navigation Channel consists of deep draft bulk and general cargo freighters, tankers, container ships, tows of scows and barges, and miscellaneous small craft vessels. Millions of tons of bulk cargo, including petroleum products, are transported via the federal navigation channel. The entire Federal Navigation Channel shall remain open to commercial and noncommercial vessel traffic. As a result;

vessel traffic will cause some delay to the dredging required in these drawings and specifications.

f. OBSTRUCTION OF CHANNEL. The Government will not undertake to keep the area free from vessels or other obstructions except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with the provisions of section 7 of the Rivers and Harbors Act in such manner as to obstruct navigation as little as possible, and in case the contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the specifications is in the Hudson River, Renssalaer, New York. The Port of Albany Turning Basin is located in Renssalaer County, New York. The site of the upland dredge material placement work is located at Houghtaling Island, New Baltimore, Greene County, New York

SECTION 01 30 00 Page 7 contract in navigable waters or on shore.

g. BRIDGE-TO-BRIDGE RADIO-TELEPHONE EQUIPMENT. In order that radio-telephone communication may be made with passing vessels, all dredges engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio-telephone equipment on VHF Channel 13

(156.65 MHz with low power output having a communication range of approximately ten (10) miles). The Federal Communication Commission has approved the frequency.

1.9 ESTIMATED QUANTITIES

The total estimated quantities of material necessary to be removed from the specified limits to complete the work described in this specifications are computed from the plans and specifications survey performed in the Hudson

River, NY area between August and October 2020.

Distribution of volumes is summarized below:

Hudson River, NY Federal Navigation Project

WORK AREA REQUIRED

DREDGING

DEPTH

(FT.) COE

Mean Low

Water

CHANNEL

TO GRADE

(CY)

CHANNEL

OVERDEPTH

FOOT (CY)

SLOPE TO

GRADE

(CY)

SLOPE

OVERDEPTH

1 Foot

(CY)

ESTIMATED

TOTAL (CY)

Albany Turning Basin

R2

-32 19,980 12,110 2,950 1,420 36,460

Total Estimated Quantity Available: 36,460 CY

The Government will survey the project prior to starting work.

Above estimated quantities were computed from the data shown on the contract drawings. The quantities that may be removed and paid for will be computed by the Triangulated Irregular Network (TIN) method or average end area method as indicated in the Technical Specifications, Section 01 22

00.00 10, entitled "MEASUREMENT AND PAYMENT."

1.10 VARIATION IN ESTIMATED QUANTITIES

Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than fifteen percent (15%) above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon the demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variations above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. An adjustment in the contract unit price will also apply to that part of the actual quantity of allowable overdepth material above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. (UAI 52.211-5001 Variation in Estimated Quantities

MAR 1995)

1.11 FINAL EXAMINATION AND ACCEPTANCE

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a. As soon as practicable after the completion of the entire work, as in the opinion of the Contracting Officer and/or his Representative, will not be subject to damage by further operation under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer and/or his Representative. Only after the contractor has submitted a complete survey of the entire contract area(s), and submitted mapping and all data acquired to create such map, will the government perform its survey. 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.

Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dredging at the contract rate for dredging or by other method approved by the Contracting Officer, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoals may be waived by the discretion of the Contracting Officer and/or his Representative. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be required to accompany the survey party. When the entire contract area(s) is found to be in a satisfactory condition, it will be accepted as final.

Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping operations, this work will be charged against the Contractor. The rate for each day in which the Government plant is engaged in such sounding or sweeping operations and/or is en route to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be deducted from the contractor’s progress or final payment.

b. Final acceptance of the entire 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 the entire work shall not change the time of payment of the retained percentages of the whole or any part of the work.

c. The entire area within the contract limits will be surveyed for final examination and acceptance. This contract has no partial acceptance areas.

d. All hydrographic survey data is to be collected in accordance with the

Army Corps of Engineers manual EM-1110-2-1003.

e. 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 his representative within 5 business days of such survey related event disqualifies the

Contractor from any such related claims.

1.12 CERF IMPLEMENTATION

(NOT USED)

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1.13 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

The Seagoing Barge Act applies to this project. In the event the Apparent

Low Bidder contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the Apparent Low Bidder shall within five (5) calendar days after bid opening submit a copy of said certificate to the Contracting Officer and/or his Representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of non-responsibility.

1.14 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition

Regulation and the DOD FAR Supplement in effect on the date of this contract (DOD FAR SUPP 52.243.7001) costs shall be in accordance with Part

31 of the Federal Acquisition Regulation.

1.15 BID GUARANTEE

a. The offeror (bidder) shall furnish a separate bid bond, or United

States bonds, Treasury notes or other public debt obligation of the

United States, in the proper amount, by the time set for opening of bids. Failure to do so may be cause for rejection of the bid.

The Contracting Officer and/or his Representative will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and

(2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

b. If the successful bidder, upon acceptance of its bid by the

Government within the period specified for acceptance, fails to execute all contractual documents or give a bond(s) as required by the solicitation within the time specified, the Contracting Officer and/or his Representative may terminate the contract for default.

c. Unless otherwise specified in the bid, the bidder will (1) allow the number of days as indicated in paragraph 13D of Standard Form 1442 for acceptance of its bid and (2) give bond within 5 days after receipt of the forms by the bidder.

d. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid. The bid bond, or bonds or notes of the United States, is available to offset the difference.

1.16 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 and/or his Representative a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.17 SPECIAL PROHIBITION ON EMPLOYMENT

a. Definitions: "Arising out of a contract with the Department of

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Defense," as used in this clause, means any act in connection with (1) attempting to obtain, (2) obtaining, or (3) performing a contract or subcontract of any agency, department or component of the Department of

Defense.

b. "Convictions of fraud or any other felony," as used in this clause, means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nol contendere, for which sentence has been imposed.

c. Section 941, Title IX, Pub. L. 99-500 (10 U.S.C. 2408) prohibits a person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one (1) year from the date of conviction. Defense contractors are subject to a criminal penalty of not more than $500,000 if they are convicted of knowingly employing a person under a prohibition or allowing such person to serve on their board of directors.

e. If the Contractor knowingly employs a convicted person in a management or supervisory capacity on any defense contract or subcontract or knowingly allows such person to serve on its board of directors within the prohibited period, the Government may consider, in addition to the criminal penalties contained in Section 941 of Pub. L.

99-500, other available remedies, such as suspension or debarment and may direct the cancellation of this contract at no cost to the

Government, or terminate this contract for default.

f. The Contractor agrees to include the substance of this clause, including this paragraph (e), appropriately modified to reflect the identity and relationship of the parties, in all subcontracts exceeding

$25,000.

1.18 SUPERINTENDENCE OF SUBCONTRACTS

a. The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clauses entitled: "Superintendence by the Contractor."

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

d. The Contractor agrees not to knowingly employ any person, convicted of fraud or any other felony arising out of a contract with the Department of Defense contract or subcontract or allow such person to serve on its board of directors from the date the Contractor learns of the conviction until one (1) year has expired from the date of conviction. However, if the person has also been debarred pursuant to FAR subpart 9.4, the above prohibition shall extend for the period of debarment, but in no event shall the prohibition be less than (1) year from the date of conviction.

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

b. If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting

Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made. (DOD FAR Supplement 52.236-7008)

1.19 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

In addition to the requirements contained in the Contract Clause entitled

"Payments Under Fixed-Price Construction Contracts" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract:

a. At the time of submission of the progress chart, the contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative shall review this breakdown within 30 calendar days after receipt and either advise the contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall any payment invoice be accepted from the contractor and any payment made to him.

The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved.

b. The contractor shall submit his request for payment by submission of a proper invoice to the office or person(s) designated in paragraph "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.

The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be either a corporate officer, partner, or owner, in the case of a sole proprietorship:

I hereby certify, to the best of my knowledge and belief, that:

SECTION 01 30 00 Page 12

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

(Name)

(Title)

(Date)

c. The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be notified at the preconstruction conference. In addition, the contractor shall at the same time submit one copy of the detailed breakdown and the ENG Form 93 and 93a Form to the Project Engineer.

d. The Government representative shall return any request for payment, which is deemed defective within 7 days of receipt and shall specify the defects. Telephone calls with MFR or E-mail notification of the contractor about the defective invoice shall be considered sufficient notice to the contractor. If the defect concerns a disagreement as to the amount of work performed and or the amount of the payment being submitted, the Government and the contractor's representative should meet to resolve the differences and reach agreement. Upon agreement, the contractor shall submit a new breakdown and ENG Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause entitled: "Payments Under Fixed-Price

Construction Contracts" and process the payment accordingly. In this event, "a proper invoice" for Prompt Payment Act purposes will not have been submitted to the Government.

f. The Government shall pay the contractor in accordance with the following time frames:

(1) Progress Payments. From the date a "Proper invoice" is received, in accordance with subparagraphs "b" and "d" of this clause, the Government will issue a check within 14 calendar days.

(2) Reduction in Retaining Payment. If during the course of the contract, a reduction in retainage payment is required, the

Government shall issue a check within 30 calendar days after the

SECTION 01 30 00 Page 13 approval of the release to the contractor by the Contracting

Officer or his authorized representative.

(3) Final Payment. A final payment request shall not be considered valid until the contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the contractor has fulfilled all contract requirements and a "proper invoice" has been submitted, the Government shall issue a check within 30 days from the date of acceptance of the project by the

Contracting Officer.

1.20 SUBMISSION OF CLAIMS

The following shall be submitted to the Contracting Officer at the following address: U.S. Army Corps of Engineers, New York District, 26

Federal Plaza, New York, New York 10278-0090:

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

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

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

1978.

No other Government representative is authorized to accept such requests.

A copy shall also be provided to the Authorized Representative of the

Contracting Officer.

The Contractor shall also provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided to the Authorized Representative of the

Contracting Officer and which have not been resolved after 90 days.

1.21 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

All floating cranes and floating derricks may be only operated by qualified operators. Operators shall be designated as qualified by a source which qualifies crane and derrick operators (e.g. an independent testing and qualifying company, a union, a governmental agency, a qualified consultant

(can be an in-house resource)). Qualification shall be written (or oral) and practical operating examination unless the operator is licensed by a state or city licensing agency for the particular type of crane or derrick. Proof of qualification of crane and derrick operators shall be provided to the Contracting Officer's representative prior to the start of work.

1.22 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

a. Allowable costs for construction of 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 when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the contractor's accounting records. When both ownership and operating costs cannot be determined from the contractor's accounting records, equipment costs shall be based upon the applicable provision 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

SECTION 01 30 00 Page 14 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 effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and overhaul are unallowable.

c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.(UAI 31.105-101 Equipment Ownership & Operating Expense Schedule MAR 1995)

1.23 WAGE RATES

The attached schedule of wage rates contains rates applicable to all work under this contract (see Section 00 90 00).

1.24 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.

1.25 NOTICE TO MARINERS

The Contractor shall, prior to commencement of work, notify the 1st Coast

Guard District, Aids to Navigation Officer, of his proposed operations including location and duration of operations and request that the information be published in the "Notice to Mariners." This notification must be in sufficient time so that it appears in the Notice at least 30 days prior to the commencement of the dredging operation.

1.26 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer and/or his Representative, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of

SECTION 01 30 00 Page 15 this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer and/or his

Representative in the administration of this contract under the terms of Section I, contract clause entitled "SUSPENSION OF WORK." The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.27 PATENTS

All potential bidders need to be aware of the following patents, which may be related to performance of this contract.

Patent 6,293,731

Patent 5,007,590

Patent 5,028,010

Patent 5,353,998

Patent 5,542,614

Patent 5,794,862

Patent 5,931,605

Patent 6,017,169

The foregoing patents, and any others which may be applicable to activities performed under this contract, are neither required nor prohibited.

However, if you use the methods or technology described in these or other patents, please factor license costs into your bid. The successful bidder needs to obtain the proper license(s) if he wishes to use the methods, processes, or technology described in any applicable patents.

1.28 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, in effect on the date of this contract, the

Contracting Officer may survey the extent of small and small disadvantaged business utilization under this contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollar amounts of subcontracting awards with small businesses and small disadvantaged businesses.

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

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

1.29 CONTRACT INFORMATION RELEASE

This constitutes notification that, pursuant to CECW-OD Memo, 5 February

1996, "Release of Information - Dredging Projects", plant operation reports, including Engineer Form 27/27A , Report of Operations - Hopper

Dredges and Engineer Form 4267, Daily Report of Operations - Pipeline, Dipper or Bucket Dredges, are public information and shall be provided upon

SECTION 01 30 00 Page 16 proper FOIA request for active and completed contract information.

1.30 ALTERATIONS IN CONTRACT

Portions of the contract are altered as follows:

a. The following clause is incorporated as part of the contract: "By entering into this contract the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible in accordance with FAR subpart

"9.4" (DEAN-PRP EFAR Acquisition Letter 85-1 dated 11 Sept 85)

b. Add the following sentence to paragraph "b" of Contract

Clause 49: Insurance - Work on a Government Installation:

"Insurance coverage shall be as specified in 28.307 of the Federal Acquisition Regulation".

1.31 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the

Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS. If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with

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

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

DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic http://www.rmssupport.com/guides.aspx)

SECTION 01 30 00 Page 17

Davis-Bacon payroll processing system shall 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 shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

1.24 FUEL USAGE

The Contractor shall furnish the Contracting Officer and/or his

Representative a report, to be received on or before the last day of the calendar month, listing the totals of fuels consumed by the dredging plant, supporting vessels, and other construction equipment. The report shall list the quantities of different fuels separately. The report shall cover the period from the 25th of the preceding month to the 25th of the current month.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

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