00_73_00.00_18.pdf

Long Beach Contract 2 LONGBEACH2 Amendment 0005

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS

03/15

PART 1 GENERAL

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

a. The Contractor shall be required to (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and

(iii) complete the entire work ready for use, not later than 490 calendar days after the date the Contractor receives the notice to proceed.

b. Location: The site of work is located at the City of Long Beach, Nassau County and the Town of Hempstead, New York.

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

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

1.2 DFARS 236.204, Disclosure of the Magnitude of Construction Projects

This project is estimated between $50M and $100M.

1.3 GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR QUALITY CONTROL

SYSTEM (QCS) MODULE

The Government will utilize an in-house Contract Administration program entitled "Resident Management System" (RMS). The Contractor shall utilize a Government furnished Quality Control System (QCS) Programming Module.

See Section 01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM) for requirements.

1.4 PRECONSTRUCTION CONFERENCE

a. The Contracting Officer, or his Representative, will arrange a preconstruction conference after award of contract and before commencement of work. The Contracting Officer's representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters.

Additionally, a schedule of required submittals will be discussed.

b. The Contractor shall bring to this conference the following items in either completed or draft form:

-The Contractor's order of work -Accident Prevention Plan (See Accident Prevention Clause in Section 00 72 00 and paragraph SAFETY AND HEALTH REQUIREMENTS MANUAL in this Section)

DOCUMENT 00 73 00.00 18 Page 1 Date: 02/15/18 Time: 11:42 AM

-Quality Control Plan (See Section 01 45 00.00 10 QUALITY CONTROL) -Letter appointing Superintendent -List of subcontractors, if any -Environmental Protection Plan (See Section 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS)

-Placement Plan (See section 31 24 00.00 18 BEACH FILL PLACEMENT)

1.5 COORDINATION PERIOD

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

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

1.6 ORDER OF WORK

The contractor shall proceed with the placement of beach fill in a continuous manner along the shoreline from the east to the west, or as directed and approved by the Contracting Officer Representative.

The contractor shall place beach fill in maximum 1,000 foot wide beach work zone/closure areas . More working in more than 1 closure area shall be at the discretion of the COR and with coordination with local communities. Access to the beach for the community shall be maintained at all time times except within the active established beach fill work zone(s).

CITY OF LONG BEACH BOARDWALK AREA

Along the boardwalk in the City of Long Beach, new piles and cross bracings for pedestrian crossovers , bathrooms, and vehicle crossovers life guard stations to be built under this Contract shall be installed prior to the construction of the protective dune at each location. Piles for bathrooms and lifeguard stations must be installed prior to construction of the protective dune at each location. Manual sand placement will be required for the new dune where heavy equipment cannot access, plus any additional locations as directed by the COR. Decking shall be permitted only after the completion and acceptance of the dune fill at each location. The contractor shall maintain access to the beach in close proximity, no more than 50 feet from the work limit, to the crossover work area at all times during crossover construction. Temporary access to the beach across the new dune shall be provided via the existing ramps off the boardwalk when the new crossovers are under construction and prior to acceptance by the ACOE. The contractor shall place on-grade mesh stabilization mats extending from the bottom of the existing ramps to 15 feet seaward of the seaward toe of the new dune for temporary pedestrian access to the beach. Stabilization mats will have a slope no greater than 1:12 at all times. The on-grade mesh stabilization mats shall remain in place and be maintained for the duration of the crossover work until the acceptance of the new timber dune crossovers for beneficial use.

Demolition of existing ramps and removal of temporary pedestrian access ways shall be permitted only after completion and acceptance, by the COR, of new crossovers at each location. Demolition and removal of the existing ramps off the boardwalk shall commence immediately following the

DOCUMENT 00 73 00.00 18 Page 2 acceptance of the new timber crossover and be completed no less than 14 days after acceptance of the new timber crossover.

During construction of the beach and dune fill in the boardwalk area, the public shall be directed to use other available beach access (i.e.

neighboring existing ramps, temporary access ways, or completed crossovers) outside the sand placement work zones.

Gravel vehicular crossovers shall be constructed immediately after dune construction. Temporary vehicle access shall be provided during construction of the dune and vehicular crossovers; coordinate final location of temporary access with the COR prior to the start of construction of the vehicular crossovers.

EAST AND WEST OF THE BOARDWALK AREA

East and west of the boardwalk areas, new piles and cross bracings for the timber pedestrian and pedestrian/vehicular crossovers, bathrooms, and sun shelter to be built under this Contract shall be installed prior to the construction of the protective dune at each location. Manual sand placement will be required for the new dune where heavy equipment cannot access plus any additional locations as directed by the COR. Decking shall be permitted only after the completion and acceptance of the dune fill at each location. The contractor shall maintain access to the beach in close proximity to the crossover work area at a location satisfactory to local authorities at all times during crossover construction. The contractor shall provide temporary pedestrian access to the beach using specified stabilization mats or equal to be approved or as directed by the Contracting Officer. Stabilization mats will have a slope no greater than 1:12 at all times. The temporary access shall remain in place and be maintained for the duration of the crossover work until the acceptance of the new timber dune crossovers for beneficial use. Demolition of the existing crossovers shall be coordinated with construction of the new crossover to be built under this Contract at each location once temporary pedestrian access is provided. Damages to existing dunes and dune vegetation shall be minimized; any existing dune removed or altered for cross-over installation or temporary pedestrian access shall be restored and revegetated to meet pre-construction conditions at the minimum.

During construction of the beach and dune fill, the public shall be directed to use other available beach access (i.e. neighboring existing access ways, temporary access ways, or completed crossovers) outside the sand placement work zones.

Gravel vehicular crossovers shall be constructed immediately after dune construction. Temporary vehicle access shall be provided during construction of the vehicular crossovers; coordinate final location of temporary access with the COR prior to the start of construction of the vehicular crossovers.

1.7 FAR 52.211-12, LIQUIDATED DAMAGES

a. If a delay to the NTP date is a result of the Contractor, an extension will not be given. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $5,120.00 for each day of delay.

b. If the Government terminates the Contractor's right to proceed, the

DOCUMENT 00 73 00.00 18 Page 3 resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (FAR 52.212-5)

d. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punchlist") is completed no later than 30 days from the date of transfer. In this case the contractor shall pay liquidated damages for punchlist items not completed in the daily amount of $1,280.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.8 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

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

1.9 INSURANCE PROCURED BY CONTRACTOR

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

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to, coverage for Broad Form Property Damageproperty damage arising out of explosion, collapse or underground property damage hazards with a contractual liability endorsement covering the risks assumed and indemnification given by the New York State Department of Environmental Conservation (Non-federal sponsor), Nassau County, the City of Long Beach, and the Town of Hempstead, if any, under the Project Agreement and the State/City agreements (a copy of these agreements shall be furnished to the insurance underwriter);

the Commercial General Liability Policy shall not contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard, basic, unamended, and unendorsed commercial liability policy; Such coverage shall not contain environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the City of Long Beach, Nassau County, the Town of Hempstead, New York and the State of New York Department of Environmental Conservation as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

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

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

(5) 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.

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

b. Prior to the commencement of work hereunder and within 5 calendar days of the award, the Contractor shall furnish a certificate or statement of the above required insurance to the Contracting Officer, NYS Department of Environmental Conservation, Nassau County, the City of Long Beach, and the Town of Hempstead. The policies and the certificate of insurance evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the NYS Department of Environmental Conservation, Nassau County, the City of Long Beach, and the Town of Hempstead in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer and the NYS Department of Environmental Conservation and Nassau County, the City of Long Beach and the Town of Hempstead shall have the right, upon written notice, to receive copies of the policies required hereunder.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

d. At the Government’s direction, the Contractor will be required to submit to the Contracting Officer a certification from the Contractor’s insurance carrier that the amount inserted by the Contractor in the item entitled “Additional Cost for Insurance” of the Price Schedule represents only the additional premium paid by the

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Contractor as a direct result of the specific insurance requirements of this Section and excludes those premium costs which would have otherwise been incurred by the Contractor.

e. At the Government’s direction, the Contractor shall furnish a computation from his insurance carrier, which sets-forth the elements of the said additional premium, including, but not limited to the following: the additional costs to NYS Department of Environmental Conservation, Nassau County, City of Long Beach, and the Town of Hempstead being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.

f. In this Section, the Contractor shall furnish a computation as to that amount, if any, of the premium costs of their existing insurance coverage they have allocated to the work of this contract. The Contractor shall indicate whether such attribution is pursuant to a standard formula or cost administration practice or was otherwise derived.

The Contractor agrees to insert the substances of this clause in all subcontracts hereunder.

g. The Government reserves the right to request a further elaboration with regard to this computation at any time.

h. The Contractor shall be reimbursed for the actual expense for the additional insurance up to the amount indicated, as substantiated by the information provided by the Contractors insurance carrier.

Contractor shall submit the following items to the government for payment and verification and only the actual amount will be reimbursed:

1- Insurance Policies 2- Certification of insurance 3- Proof of payments

Payment for the insurance procured by the Contractor under this paragraph shall be in lump sum or by the job, “Additional Cost for Insurance”, (see notes in Price Schedule)

1.10 PERFORMANCE OF WORK BY THE CONTRACTOR

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

1.11 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

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

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

CONTRACTS

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

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

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

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

1.13 IMPLEMENTING WARRANTY

Refer to section 01 78 00 CLOSEOUT SUBMITTALS

1.14 TRANS-ATLANTIC SUBMARINE CABLES

Work under this contract will occur in areas known to contain Trans-Atlantic Submarine Cables, and these cables are indicated in Section 00 90 02. Landings and anchor positions to be used must maintain a standoff distance of 500 meters from the cables at all times. The contractor shall coordinate with the United States Coast Guard (USCG) and the cable owner to obtain the Route Property Line and coordinates.

1.15 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies.

Each certificates shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certification apply.

Copies of laboratory tests reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements (ECI 7-670.3)

1.16 VERIFICATION OF SMALL BUSINESS UTILIZATION

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

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

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

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

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

1.17 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.18 CONTRACT DRAWINGS,MAPS AND SPECIFICATIONS

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

For a listing of the contract drawings see Index Drawing.

1.19 RECORD DRAWINGS

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

1.20 AVAILABILITY OF CAD DRAWING FILES

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

SUBMITTALS.

1.21 PHYSICAL CONDITIONS

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

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

(1) Fog. An examination of the records of the U.S. Weather Bureau at John F. Kennedy International Airport, New York, discloses an average of 31 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the New York Harbor area. The maximum number of days in which dense fog occurred in any year was 45 in 1959. The maximum number of days in which dense fog occurred in any month was 4 days in June.

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

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

Jan. 16.4 20.1

Feb. 14.9 19.3

Mar. 13.8 18.0

Apr. 11.2 13.6

May 9.5 11.0

Jun. 9.5 11.3

Jul. 9.6 11.6

Aug. 9.8 12.0

Sep. 11.3 14.2

Oct. 13.0 6.6

Nov. 14.0 17.2

Dec. 16.1 20.6

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

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

c. TRANSPORTATION. Lido Boulevard and Park Avenue provide access in the vicinity of the project area. The Atlantic Beach Bridge and the Loop Parkway Bridge provide access to the island in the west and east respectively. The Contractor shall make his own investigation of available roads for transportation, load limits of bridges and roads, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its original condition at the completion of the contract. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be the responsibility of the Contractor.

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1.22 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

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

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region I. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease- purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.23 CRANE AND DRAGLINE SAFETY REQUIREMENTS

In addition to meeting all applicable requirements of OSHA standards and Section 16 of the U. S. Army Corps of Engineers Manual, "Safety and Health Requirements", EM 385-1-1, in effect on the date of the solicitation, all cranes used in performing the work set forth in these specifications shall be equipped with geared boom hoists or otherwise provided with mechanisms which will prevent the booms from failing free. Cranes that are equipped with booms that can be lowered either by gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity. The booms of all cranes and draglines shall also be equipped with shock absorbing type backstops to prevent them from overtopping. All cranes shall have a red strobe light and two flags attached to the end of the boom. The flags shall be 18-inches square and international orange in color. The strobe does not need to be flashing during daylight hours or when the boom is lowered to the ground at night. The strobe shall be flashing when operating during weather in which visibility is reduced or when operating at night. The strobe shall remain flashing if the boom remains elevated at night.

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1.24 LAYOUT OF WORK

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

a. The plane of reference for elevations is in feet and referenced to the North American Vertical Datum (NAVD) of 1988. Grid System is in U.S.

survey feet and is the New York Long Island State Plane Coordinate System

(NAD83).

b. The Contractor will establish the following base lines and bench marks at the site of the work: (Monuments and bench marks as shown on the drawings).

c. From the baseline and benchmarks the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contacting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

d. The Contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks until authorized to remove them, and if such marks are destroyed by the Contractor or through his negligence prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

1.25 BULLETIN BOARD

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

1.26 AVAILABILITY AND USE OF UTILITY SERVICES

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

1.27 NO WAIVER BY GOVERNMENT

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

1.28 TIME EXTENSIONS (APR 1984)

a. Notwithstanding any other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the

DOCUMENT 00 73 00.00 18 Page 11 completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. (FAR 52.212 6)

b. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER:

1. This provision specifies the procedure for determination of time extension for usually severe weather in accordance with the contract clause entitled “Default: (Fixed Price Construction).” In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

2. ADVERSE WEATHER FOR WORK: The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

8 7 8 7 9 10 6 5 5 6 5 7

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

1.29 FIELD OFFICE

a. The Contractor shall furnish, prior to the start of work, a lockable field office and equipment for the use of the Contracting Officer.

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b. A lease commercial office space is acceptable as the field office.

c. The office shall be located in close proximity to the project site as directed by the Contracting Officer.

d. The following shall be submitted for approval:

Equipment and Services:

No separate payment shall be made for providing the items below and all costs in connection therewith will be considered the obligation of the Contractor.

- Office space shall be a minimum of 2,000 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operable windows with screens.

- Two (2) enclosed bathrooms with hot and cold water.

- One (1) enclosed office of minimum dimensions of 12 feet x 12 feet.

- Partitioned open flat area to accommodate three (3) office cubicles and meeting area having a minimum of 1,400 SF.

- Four (4) office desks with lockable drawers (60 inches x 30 inches) laminated top and high-back cloth swivel chairs.

- Four (4) fire-proof, 4-drawer, legal-size lockable filing cabinets.

- Two (2) shelf sets, four-shelves high x 12 inches deep x 3 feet long

(attachable to wall).

- One (1) 21" Color TV with basic cable service with the Weather Channel included.

- Wall TV swivel mount with outlet surge protector.

- Three (3) office conference tables, 2-1/2 feet by 8 feet with laminated top oval configuration.

- Eight (8) straight high back office chairs with wheels.

- One (1) bulletin board, 3 feet x 5 feet.

- Four (4) wastebaskets with supply of bags.

- One (1) vertical filing plan rack for twelve sets of E-size plans.

- One (1) drafting table for E-size drawings and chair.

- Three (3) office tables, 3 feet x 8 feet with laminated top.

- Two (2) coat racks.

- One (1) paper towel dispenser with towels.

- One (1) paper cup dispenser with cups.

- One (1) water cooler/heater with water.

- Toilet facilities as specified.

- One (1) steel locking storage cabinet.

- All structures installed under this paragraph FIELD OFFICE shall be provided with, as a minimum, the following services:

" Lighting: electric light, non-glare types luminaries to provide a minimum illumination level of 50-foot candles at desk height level

" Heating and Cooling: adequate equipment to maintain an ambient air temperature of 70 degrees F +/- 3 degrees

" Window Blinds " Potable bottled water- Provide sufficient supply of bottled 16.9oz water for field office.

" Fire Extinguisher - Provide two : non-toxic, dry chemical, fire extinguishers meeting Underwriters Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A;

20B, 10C

" For each bathroom: power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and

DOCUMENT 00 73 00.00 18 Page 13 flush-type toilet " 24-hour electronic security alarm system with direct feed to local police " DSL or Cable Modem Service: Business DSL or cable modem service with all required equipment (modems, filters, Ethernet NIC cards, etc.) shall be provided for the entire duration of the contract.

DSL service shall be 1.5Mbps downstream/ 384Kbps upstream.

Service shall utilize a Static IP address for the connection.

Contractor shall pay all costs associated with this service including ISP fees. DSL or Cable Modem service shall be a 'dedicated' service, and this line shall not be shared with other Users (i.e., Contractors Field Office Trailer and USACE Field Office Trailer shall not utilize the same DSL or Cable Modem line via an Ethernet Switch/Hub). The Contractor shall provide and install all required equipment (i.e., Switch, Hub, Ethernet NIC Cards, modems, etc.) for use with Government-furnished field office computers.

" If contractor utilizes VHF or similar radio communication, provide base station and two (2) portable units on the Contractor's frequency, all with desk chargers

" The contractor shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment.

" The Contractor shall provide conference phone similar to Polycom VoiceStation 100 at his own expense.

" The Contractor shall provide Bluetooth compatible speakers for use during all meetings and conference calls

" Janitorial services on a daily basis including, but not limited to, sweeping, emptying baskets, weekly mopping, dusting all surfaces, servicing of toilets and washing and waxing floors, cleaning all windows (inside and out) and re-supply of paper goods and soap.

" Snow and ice removal in the vicinity of the field office may be required during and after storm events.

- Sufficient supply of electrical outlets meeting NEC code for residential construction.

- First Aid Kit: Provide two (2) kits. As a minimum, each kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack, and at the minimum shall conform to ANSI Z308.1

- The field office shall be removed from the project site when and as directed by the Contracting Officer. Secure the trailer complex by an 8- foot high chain link fence topped by 3 rows of barb wire. The secured area shall be able to accommodate at least 15 vehicles.

Provide a lockable gate with the fence and security lighting in the trailer complex.

- Provide one (1) Combination Smoke/Carbon Monoxide Alarm with battery back-up.

- Provide 2 vehicles with 4-wheel drive, less than 3 years old (minimum 6 passengers) for Government's use. Maintenance of the vehicles including all fuel, State inspections, and required insurance shall be the Contractor's responsibility.

- Printer: Provide two (2) Hewlett Packard LaserJet Officejet Pro X476dw Multifunction Printers or equivalent Laserjet Printers with 10,000 sheets of 8-1/2 11 laser-type print paper. Must have at minimum 2 Hi-Speed USB 2.0 Host; 1 Hi-Speed USB 2.0 Device; 1Ethernet 10/100 Base-TX network; 1 RJ-11 modem port; 802.11 b/g/n Station;

802.11 b/g Access Point. Replacement ink Cartridges shall be supplied

DOCUMENT 00 73 00.00 18 Page 14 as needed.

- Digital Camera: Digital Camera: two (2) "OLYMPUS TG-2 iHS Black 12 MP 4X Optical Zoom Waterproof Shockproof Wide Angle Digital Camera HDTV Output, 028 to 105 zoom compact with propriety software established to be legal court documents with case, spare battery and memory card, computer interface and program and desk charger. It is necessary to have one (1) camera per field office.

- Copier: One heavy duty, digital dry process photocopying machine, with auto document feeder, sorter, collator, enlarging/reduction ability, 8.5 x 11, 8.5 x 14 and 11 x 17 paper trays and adequate supply of copy paper and printing supplies. The supply of copy paper shall be replenished by the Contractor regularly as required by the Contracting Officer.

- Fax Machine: One plain paper fax machine with a dedicated telephone line and an adequate supply of paper. The Contractor shall replenish the supply of fax paper, weekly as required by the Contracting Officer.

- Telephone: Two telephones: one for phone service and one for fax service. Telephone shall be two lines with twenty number memories.

Phone service shall be applied in the Contractor's name and itemized bills paid by the Contractor. Telephone service shall be provided by "landline" to the office space. Installation and phone company fees shall be paid by the Contractor. The Contractor shall arrange for the telephone service and instrument as follows:

" 2 lines with 4 instruments, 5 jacks, for voice communication and intercom.

" 1 line dedicated for use by fax machines.

" 1 line dedicated for use by 2 computer modems.

" 1 TCIP modem line for the network computer.

- Telephone Answering Machine: One 2-line digital telephone answering machine with remote answering and access capability and voice time/day stamp.

- Rechargeable Flashlight Systems: Four (4) heavy-duty Rechargeable flashlights, charging cradle, rechargeable NiMH battery (or equivalent), 12 volt adapter, and 120 volt A/C converter with a minimum output of 240 Lumens.

- The Contractor shall also supply 2 vehicles with gas cards sufficient to cover the duration of the project for Government’s official use.

These vehicles shall be a utility vehicle type, seven-passenger with 4-wheel drive not more than 3 years old. Insurance, registration, and fuel and maintenance of the vehicle including State Inspections shall be the contractor’s responsibility.

1.30 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS

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

a. At the time of submission of the project schedule, the Contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative will review this breakdown within 30 calendar days after receipt and either advise the Contractor that it is approved or

DOCUMENT 00 73 00.00 18 Page 15 disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved will any payment invoice be accepted from the Contractor. The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case will more than 10% of the contract amount be paid unless the breakdown is approved.

b. The Contractor shall submit requests for payment through submission of a proper invoice to the office or person(s) designated in subparagraph (c). For purposes of payment a "proper invoice" is defined as the following:

(1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs.

(2) A properly completed ENG Form 93 and 93a (where required).

(3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc.

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

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

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

(2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract requirements and the requirements of Chapter 39 of Title 31, United States Code; and

(3) This request for progress payments does not include any amounts, which the prime Contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract;

(4) This certification is not to be construed as final acceptance of a subcontractor's performance; and

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

(Name)

(Title)

DOCUMENT 00 73 00.00 18 Page 16

(Date)

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

d. The Government representative will return any request for payment that is deemed improper within 7 days of receipt and will specify the defects.

If the defect concerns a disagreement as to the amount of work performed and/or the amount of the payment being submitted, the Government and the Contractor's representative will meet to resolve the differences and reach agreement. Upon agreement, the Contractor shall submit a new breakdown and ENG Form 93 and 93a and any other submissions requiring correction. These shall be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government will determine the proper amount per contract clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS and process the payment accordingly. In this event, a "proper invoice" for prompt payment purposes will not have been submitted to the Government.

f. The Government will pay the Contractor in accordance with the following time frames:

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

(2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government will issue a check within 14 calendar days after the approval of the release to the Contractor by the Contracting Officer or his authorized representative.

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

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

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

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

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

DOCUMENT 00 73 00.00 18 Page 17

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

1.32 PROGRESS PAYMENT

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

1.33 PRICING OF ADJUSTMENT

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and DFARS 252.215-7000 (Dec. 1991) as follows:

PRICE ADJUSTMENTS (DEC 2012)

The term “pricing adjustments”, as used in paragraph (a) of the clauses entitled “Price Reduction for Defective Certified Cost or Pricing Data-Modifications”, “Subcontractor Certified Cost or Pricing Data,” and “Subcontractor Certified Cost or Pricing Data- Modifications,” means the aggregate increases and/or decreases in cost plus applicable profits.

1.34 LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD…