Amendment 0007_Specifications.pdf

Cyber & Engineering Center and Parking Structure 2 July 2020 West Point Military Academy, West Point, NY RTA Amendment 7

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

08/15

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

1.2 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submittals with an "S" are for inclusion in the Sustainability eNotebook, in conformance with Section 01 33 29 SUSTAINABILITY REPORTING. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

View Location Map ; G, RO

Progress and Completion Pictures ; G, RO

Work To Be Performed By The Contractor ; G, RO

Eng Form 93 ; G, RO

Progress and completion photos ; G, RO

SD-04 Samples

Construction Color Board ; G

1.3 CONSTRUCTION COLOR BOARD

The contractor shall submit four sets of color boards depicting samples of all finish materials. The color board (finishes sample submittal package) shall include all visible exterior and interior materials and finishes that are a part of the building (and/or structure) or built-in items provided under this contract. The color boards shall be delivered to each of the addresses listed below in this section. The Contractor shall furnish color board submittal to each of the addresses within 90 days after receipt of the notice to proceed, but more than 30 days prior to ordering finishing materials. The Contractor should obtain approval of his

SECTION 01 30 00 Page 1 entire color board submission before beginning any work involving final finishes. The Contractor shall use the following format when assembling the color boards:

a. Provide the samples on 8 ½ - x 11-inch board modules with a maximum spread of 25½ x 33 inches for foldouts. Label the modules with the project titles and design them to fit in a standard loose-leaf, three-post binder. The modules should support and anchor all samples. Anchor large or heavy samples with mechanical fasteners.

b. Organize the submittals in a logical manner to allow a fast review.

Write descriptions and explanations clearly. Drawings and photographs must be clear and concise.

c. Organize samples by scheme with a separate scheme for each room or for groups of rooms with the same scheme. Coordinate the schemes by room names and numbers shown on the architectural floor plans and room finish and color schedule. Include floor plans and schedules in modules

d. Indicate true pattern color and texture for interior material and finish samples. Carpet samples should be large enough to indicate a complete pattern or design, but not less than 3 by 5 inches.

e. Include color/finish pattern and texture for exterior materials and finishes.

f. Provide at least a 6 x 6-inch square sample where either interior or exterior special finishes, such as architectural concrete or pre-finished textured metal panels, are required. The Contracting Officer or his representative will obtain concurrence from the BCE prior to approving any exterior finishes submitted by the Contractor.

1.4 VIEW LOCATION MAP

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

1.5 PROGRESS AND COMPLETION PICTURES

Photographically document site conditions prior to start of construction operations. Provide monthly, and within one month of the completion of work, digital photographs, 1600x1200x24 bit true color 12 mega pixels minimum resolution in JPEG file format showing the sequence and progress of work. Take a minimum of 20 digital photographs each week throughout the entire project from a minimum of ten views from points located by the Contracting Officer. Submit with the monthly invoice two sets of digital photographs, each set on a separate compact disc (CD) or data versatile disc (DVD), cumulative of all photos to date. Indicate photographs demonstrating environmental procedures. Provide photographs for each month in a separate monthly directory and name each file to indicate its location on the view location sketch. Also provide the view location sketch on the CD or DVD as a digital file. Include a date designator in file names. Cross reference submittals in the appropriate daily report.

Photographs provided are for unrestricted use by the Government.

1.6 MINIMUM INSURANCE REQUIREMENTS

Provide the minimum insurance coverage required by FAR 28.307-2 Liability, SECTION 01 30 00 Page 2 during the entire period of performance under this contract. Provide other insurance coverage as required by State law.

a. Procure and maintain during the entire period of project performance under this contract the following insurance policies:

(1) Commercial General Liability Insurance as required by FAR 28.307-2

(2) The policies described above must be endorsed (i) to include National Park Service (NPS) and New York State Department of Environmental Conservation (NYSDEC) as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured will serve as notice from all insured.

(3) Comprehensive Automobile Liability Insurance as required by FAR 28.307-2

(4) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, must be delivered to the Contracting Officer, NPS and NYSDEC prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing any 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, provide to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance must contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance must not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation 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. This insurance will be included at no additional cost to the government.

1.7 CONTRACTOR'S KEY MANAGEMENT PERSONNEL

The following Key Management Personnel shall be employed for the full duration of the contract and meet the minimum requirements described herein and SECTION 01 30 00. All Key Management Personnel Qualifications are to be submitted at the Preconstruction Conference and are subject to Contracting Officer Approval.

a. Contractor's Project Manager:

(1) Performs all project management duties of the project.

SECTION 01 30 00 Page 3

(2) Serves as the Governments' sole point of contact in all matters relating to work including, but not limited to, contract compliance, progress of work, overall project scheduling, financial matters, and change orders.

(3) Attends all job meetings.

(4) On site a minimum of five (5) days per week.

(5) Minimum of fifteen (15) years of construction experience in similar size project as a project superintendent and/or project manager.

(6) Authorized to negotiate changes.

b. Contractor's Superintendent: (Overall Field Manager Responsible for Construction)

(1) Performs all superintendent duties require of the Contractor, except any duties required under "Superintendence of Subcontractors" below.

(2) Serves as the Governments' sole on site point of contact in all matters relating to the work including, but not limited to, scheduling of work, utility interruptions, and testing.

(3) Attends all job meetings.

(4) On site at all time during all construction activities.

(5) Serves under, and reports directly to, the Contractor's Project Manager.

(6) Minimum of fifteen (15) years of construction experience in similar size project as a project superintendent and/or project manager.

c. Two (2) Assistant Superintendents: (Field Manager Responsible for Construction - Assistant)

(1) Same duties as Superintendent above but acts as assistant (not the lead).

(2) Minimum of ten (10) years of construction experience in similar size project.

(3) Performs all subcontract management/superintendent duties required of the Contractor, and any duties required under contract clause titled SUPERINTENDENCE OF SUBCONTRACTORS.

(4) Serves as the alternate in the event the Superintendent is absent.

d. Contractor's Quality Control System Manager: (Manager of Field Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00.00 10 QUALITY CONTROL).

(2) Serves as the Governments' sole point of contact in all matters

SECTION 01 30 00 Page 4 relating to the quality of the work including, but not limited to, contract compliance and testing procedures.

(3) Has no other duties except Quality Control.

(4) Attends all job meetings.

(5) On site at all times during construction activities.

(6) Reports all deficiencies to the Government and the Contractor's Project Manager for correction.

(7) Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

(8) Minimum of fifteen (15) years of construction experience in similar size project.

(9) Manager of Field Quality Control Personnel indicated in sections e., f., and all additional staff required under the CQC Personnel experience matrix per Section 01 45 00.00 10 QUALITY CONTROL.

(10) The CQC Manager and CQC organization is solely responsible for certifying that all submittals and deliverables are in compliance with the contract requirements.

e. Contractor's Quality Control System Manager (Mechanical and Electrical Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00.00 10 QUALITY CONTROL).

(2) Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures for MEP.

(3) Has no other duties except Quality Control. Acts as assistant to the overall quality control manager.

(4) Attends all job meetings.

(5) On site at all times during construction activities.

(6) Reports all deficiencies to the Government and the Contractor's Project Manager for correction.

(7) Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

(8) Minimum of ten (10) years of construction experience in similar size project.

f. Contractor's Assistant Quality Control System Manager: (Manager of Field Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00.00 10 QUALITY CONTROL).

SECTION 01 30 00 Page 5

(2) Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures.

(3) Has no other duties except Quality Control. Acts as assistant to the overall quality control manager.

(4) Attends all job meetings.

(5) On site at all times during construction activities.

(6) Reports all deficiencies to the Government and the Contractor's Project Manager for correction.

(7) Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

(8) Minimum of seven (7) years of construction experience.

g. Site Safety and Health Officer: (Principal in Charge of Enforcing Safety Codes)

(1) Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01 35 00, SAFETY AND

OCCUPATIONAL HEALTH REQUIREMENTS).

(2) Serves as the Governments' sole point of contact for all matters relating to safety.

(3) Continually enforces and implements the safety requirements of the contract including the Accident Prevention Plan.

(4) On site at all times during construction activities.

(5) Has no other duties other than safety. Performs all duties as per

EM-385-1-1.

(6) Works under and reports to the Contractor's Project Manager.

(7) Minimum of ten (10) years construction experience on similar projects in a similar role.

h. Assistant Site Safety and Health Officer: (Principal in Charge of Enforcing Safety Codes)

(1) Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01525, SAFETY AND

OCCUPATIONAL HEALTH REQUIREMENTS).

(2) Serves as the Governments' sole point of contact for all matters relating to safety.

(3) Continually enforces and implements the safety requirements of the contract including the Accident Prevention Plan.

SECTION 01 30 00 Page 6

(4) On site at all times during construction activities.

(5) Has no other duties other than safety. Performs all duties as per

EM-385-1-1.

(6) Works under and reports to the Site Safety Health Officer.

(7) Minimum of seven (7) years construction experience on similar projects in a similar role.

1.8 FIRST TIER CONTRACTOR REQUIREMENTS FOR ASBESTOS CONTAINING MATERIALS

Accomplish all contract requirements of Section 02 82 00 ASBESTOS REMEDIATION, 02 83 00 LEAD REMEDIATION assigned to the Designated Competent Person, directly with a first tier subcontractor.

1.9 PLANT

Maintain sufficient plant on the job to meet the requirements of the work. The plant must be in satisfactory operating condition, capable of safely and efficiently performing the work as set forth in the specifications and be subject to the inspection of the Contracting Officer at all times. No reduction in the capacity of the plant employed on the work may be made except by written permission of the Contracting Officer.

The measure of the capacity of the plant shall be its performance on the work to which these specifications apply.

1.10 SUPERVISION

The following Key Management Personnel, shall be employed for the full duration of the contract and meet the minimum requirements described herein and SECTION 01 30 00. All Key Management Personnel Qualifications are to be submitted at the Preconstruction Conference and are subject to Contracting Officer Approval.

1.10.1 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, capable of reading, writing, and conversing fluently in the English language, on the job-site at all times during the performance of contract work. A Quality Control (QC) representative is required on the contract, and must have fluent English communication skills. The superintendent and quality control representative is not permitted to be the same person.

1.10.2 Contractor's Superintendent Qualifications (Overall Field Manager Responsible for Construction)

The project superintendent must have a minimum of 20 years experience in construction in similar size project as a project superintendent and/or project manager. The individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The individual must be capable of interpreting a critical path schedule and construction drawings. If, during the contract period, the contractor is replacing the superintendent or quality manager, the qualifications of the new person must be submitted to and approved by the Contracting Officer.

SECTION 01 30 00 Page 7

1.10.2.1 Duties

The project superintendent is primarily responsible for managing and coordinating day-to-day production and schedule adherence on the project.

Serves under and reports directly to the Contractor's Project Manager. The superintendent is required to attend all job meeting, USACE partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted. Serves as the Governments' sole on site point of contact in all matters relating to the work including, but not limited to, scheduling of work, utility interruptions, and testing. And performs all superintendent duties require of the Contractor, except any duties required under "Superintendence of Subcontractors" below.

1.10.3 Assistant Superintendents

Two assistant superintendents shall be assigned to the project.

1.10.3.1 Qualifications

Minimum of ten (10) years of construction experience in similar size project.

1.10.3.2 Duties

Same duties as Superintendent above but acts as assistant (not the lead).

Performs all subcontract management/superintendent duties required of the Contractor, and any duties required under contract clause titled SUPERINTENDENCE OF SUBCONTRACTORS. Serves as the alternate in the event the Superintendent is absent.

1.10.4 Contractor's Project Manager: (Manager of Field Quality Control Personnel)

Assign a Project Manager with the responsibility for the overall management of the project.

1.10.4.1 Duties

Performs all project management duties of the project. Serves as the Governments' sole point of contact in all matters relating to work including, but not limited to, contract compliance, progress of work, overall project scheduling, financial matters, and change orders. Attends all job meetings. On site a minimum of five (5) days per week. Project manager is authorized to negotiate changes.

1.10.4.2 Qualification

The Project Manager must have a minimum 20 years experience as a Project Manager or Superintendent on projects of similar size and complexity.

1.10.5 Contractor's Quality Control Systems Manager

Performs all quality control management duties required of the Contractor

01 45 00.00 10 QUALITY CONTROL

SECTION 01 30 00 Page 8

1.10.5.1 Qualifications

Minimum of fifteen (15) years of construction experience in similar size project.

1.10.5.2 Duties

Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures. Has no other duties except Quality Control. Attends all job meetings. On site at all times during construction activities. Reports all deficiencies to the Government and the Contractor's Project Manager for correction. Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager. Manager of Field Quality Control Personnel indicated in sections e., f., and all additional staff required under the CQC Personnel experience matrix per Section 01 45 00.00 10 . The CQC Manager and CQC organization is solely responsible for certifying that all submittals and deliverables are in compliance with the contract requirements.

1.10.6 Contractor's Assistant Quality Control System Manager: (Manager of Field Quality Control Personnel)

Performs all quality control management duties required of the Contractor

01 45 00.00 10 QUALITY CONTROL

1.10.6.1 Qualifications

Minimum of seven (7) years of construction experience.

1.10.6.2 Duties

Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures. Has no other duties except Quality Control. Acts as assistant to the overall quality control manager. Attends all job meetings. On site at all times during construction activities.

Reports all deficiencies to the Government and the Contractor's Project Manager for correction. Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager

1.10.7 Contractor's Quality Control System Manager (Mechanical and Electrical Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00.00 10).

1.10.7.1 Qualification

Minimum of ten (10) years of construction experience in similar size project.

1.10.7.2 Duties

Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract

SECTION 01 30 00 Page 9 compliance and testing procedures for MEP. Has no other duties except Quality Control. Acts as assistant to the overall quality control manager.

Attends all job meetings. On site at all times during construction activities. Reports all deficiencies to the Government and the Contractor's Project Manager for correction. Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

1.10.8 Site Safety and Health Officer: (Principle in Charge of Enforcing Safety Code)

Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01 35 26 GOVERNMENT SAFETY REQUIREMENTS. Works under and reports to the Contractor's Project Manager.

1.10.8.1 Qualifications

Minimum of ten (10) years construction experience on similar projects in a similar role.

1.10.8.2 Duties

Serves as the Governments' sole point of contact for all matters relating to safety. Continually enforces and implements the safety requirements of the contract including the Accident Prevention Plan. On site at all times during construction activities. Has no other duties other than safety.

Performs all duties as per EM-385-1-1.

1.10.9 Assistant Site Safety and Health Officer: (Principle in Charge of Enforcing Safety Code)

Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01 35 26 GOVERNMENT SAFETY REQUIREMENTS. Works under and reports to the Site Safety Health Officer.

1.10.9.1 Qualifications

Minimum of seven (7) years construction experience on similar projects in a similar role

1.10.9.2 Duties

Serves as the Governments' sole point of contact for all matters relating to safety. Continually enforces and implements the safety requirements of the contract including the Accident Prevention Plan. On site at all times during construction activities. Has no other duties other than safety.

Performs all duties as per EM-385-1-1.

1.10.10 Non-Compliance Actions

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

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

SECTION 01 30 00 Page 10 of claim for extension of time for excess costs or damages by the Contractor.

1.11 PHYSICAL CONDITIONS

The information and data provided or referred to below are not intended as representations or warranties but are provided 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 there from by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station: Newburgh/Stewart, NY

Mean Annual Temperature: 51.9 degrees Fahrenheit Mean Annual Precipitation: 46.1 inches

b. TRANSPORTATION.

1. Transportation Facilities:

Highways and Roads: All deliveries shall proceed through the Stony Lonesome Gate Entrance to the United States Military Academy. The contractor will be responsible for coordinating all deliveries with the installation. Roads within the military reservation proposed to be used by the Contractor, shall be subject to prior approval of the post authorities and such roads, if used, shall be maintained throughout construction and shall be restored to as good condition as existed prior to their use. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor. The roads system on the installation is inclusive of vehicular bridges. The Contractor is responsible for following all applicable weight restrictions for the vehicular bridges on post. Loading of a vehicular bridge in excess of its rated load requires an oversized load from the asset Owner.

Transportation for or rock removal only, construction vehicles loaded with rock to be removed from West Point are permitted to exit the Thayer Gate. All municipal, County, and State road rules and regulations must be adhered to. These vehicles must enter the Stony Lonesome gate similar to all other construction vehicles.

Refer to the drawings for construction travel routes.

2. Railroads: Conrail serves the locality of the proposed work.

Railhead is located approximately 15 miles from the project site. The Contractor shall make all arrangements at his expense for the use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of the work. The Contractor's use of sidings must be arranged so as not to interrupt or delay the operation of the Military reservation.

3. Use of the Hudson River: The Government is pursuing applicable environmental permits to allow the contractor to utilize the Hudson River via the West Point South Dock Area for purposes of soils / rock removal from West Point. It is assumed that permits will be obtained by the Government prior to award of the construction contract. It is assumed that the permits will have some restrictions, including but

SECTION 01 30 00 Page 11 not limited to avoidance of impacts to historic structures that would warrant SHPO approvals.

1.12 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

Provide the Contracting Officer, within five 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.

1.13 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 /

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (52.231-5000)

(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 provided by a contractor or subcontractor at any tier must 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 must be based upon the applicable provisions of EP 1110-1-8 , Region I.

Working conditions must 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

SECTION 01 30 00 Page 12 pricing, the schedule in effect at the time of negotiations must apply. For retroactive pricing, the schedule in effect at the time the work was performed must 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 must request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data must be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.15 SUPERINTENDENCE OF SUBCONTRACTORS

a. Provide the following, in addition to the superintendence required by FAR Clause 52.236-6 - Superintendence by the Contractor.

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

(2) If 70 percent or more of the value of the work is subcontracted, the Contractor must be required To provide 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 percent of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made.

1.16 PRECONSTRUCTION CONFERENCE

After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the value engineering and safety program, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming and prosecution of the work. Major subcontractors who will engage in the work must also attend.

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

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

SECTION 01 30 00 Page 13

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

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

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

e. Letter appointing Superintendent

f. Detailed Concept of Operations Plan

1.17 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.

1.18 CONNECTION WITH WORK OF OTHER CONTRACTS

During the period of this contract, other contracts may be in force for the construction of other features of work on or adjacent to the site of work being accomplished under this contract. The Contractor shall arrange his plant and shall schedule and perform the work as to effectively cooperate with all other contractors and Government agencies. It is the Contractor's responsibility to know the extent of the limits of his contract. No direct or extra compensation will be allowed on account of the cooperation required.

a. At all points of connection with work of other contracts, the Contractor shall have weekly coordination meetings until all connections have been completed with the adjoining contractor(s) to insure proper and timely connections.

b. Where the work under this contract is completed before that of the adjoining contractor, the Contractor shall terminate his work in an approved manner ready for future connection by the adjoining contractor.

Pipes and conduits shall be closed with suitable caps or plugs that will prevent entry of dirt or debris, but that are readily removable when final connections are made. For underground lines that are back-filled, approved type markers that extend above the ground surface shall be provided to facilitate future location of the lines by the adjoining contract.

c. Where the work of the adjoining contractor is already in place, the Contractor shall perform all work required to effect the necessary connection, including locations of underground lines, removing of caps, providing necessary adapters or joining pieces, and all related incidental work for necessary for a proper, secure connection.

d. As USAG DPW continues to utilize and award utility privatization contracts, the Contractor is expected to coordinate with the utility system owners and their standard operating procedures. The contractor

SECTION 01 30 00 Page 14 shall coordinate at the time of award and continuously over the course of the project to ensure the construction schedule properly encompasses Primary Utility Contractor's schedule. The contractor is to designate an authorized representative to be responsible for the coordination with the utility system owner, preparation of the schedule and all required updating. The project schedule is to demonstrate the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities of the privatized utility provider. Activities associated with the procurement, fabrication, and delivery of long lead materials, equipment, fabricated assemblies, and supplies are to be included in the schedule.

Contractor shall assume that the project construction schedule will shift and shall be able to adjust the schedule's relationship with the utility provider's schedule accordingly. Ongoing coordination with the Privatized Utility Owner, to include working interactive exchange of idea and periodic schedule update meetings are expected.

1.19 COORDINATION OF TRADES

a. The contract drawings are in part diagrammatic and show the general arrangement of duct, piping and other mechanical and electrical trades.

The Contractor must have a competent engineer on the project site to coordinate all fieldwork and shop drawings of the various trades prior to installation and/or submission of field or shop drawings for approval.

The Contractor shall allot spaces to the various trades prior to installation of the work. In spaces where all the various installations cannot be accommodated, the Contractor shall notify the Contracting Officer and shall submit alternate solutions as to its solution at no cost to the Government. The decision of the Contracting Officer shall be final.

b. The Contractor shall be responsible for the coordinated drawings of the various trades showing locations and sizes of all sleeves, electric outlets, inserts, piping, shafts, hangers, lights, ducts, catwalks, pads, chases, sprinklers, smoke detectors, soffits, fascias, steel trusses, etc. Composite signed-off coordinated shop drawings shall be developed at 3/8" equals 1'-0 scale showing all mechanical electrical work in hung ceilings and chases.

1.20 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

1.21 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

SECTION 01 30 00 Page 15 relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.22 PROGRESS PAYMENTS

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

1.23 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL 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 must apply to all payments made under this contract:

a. At the time of submission of the progress chart, the contractor must submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which must be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative must 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 must any payment invoice be accepted from the contractor and any payment made to him.

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

b. The contractor must submit his request for payment by 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" 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 --

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

(b) 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

SECTION 01 30 00 Page 16

(c) 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.

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

(Name)________________________________________________________

(Title)_______________________________________________________

(Date)________________________________________________________

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

d. The Government representative will return any request for payment which is deemed defective 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 should meet to resolve the differences and reach agreement. Upon agreement, the contractor must 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 must 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 Act purposes will not have been submitted to the Government.

f. The Government must 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 Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government will issue a check within 30 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, 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 will issue a check within 30 days from the date of acceptance of the project by the Contracting

SECTION 01 30 00 Page 17

Officer.

1.24 SUBMISSION OF CLAIMS

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

a. claims referencing or mentioning the Contracting 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 must also be provided to the Authorized Representative of the Contracting Officer.

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.

1.25 PRICING OF ADJUSTMENT

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

PRICE ADJUSTMENTS (December 2012)

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

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

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

(1) Materials 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

(3) Items specifically listed below.

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

SECTION 01 30 00 Page 18

1.27 WAGE RATES

This project is classified as Heavy Construction. See Section 00 90 00 Solicitation for applicable wage rates under this contract.

1.28 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.

1.29 (S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

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

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

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

When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service 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 must be capable of preserving these payrolls and related basic records for the required three years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor must obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access must include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

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

capable of generating…