01 30 00.pdf

East Rockawy Inlet to Rockawy Inlet-Groin ROCKAWYJAMBAYGRO Amendment 002

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

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. 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

SD-11 Closeout Submittals

As-Built Conditions Survey; G, RO

1.3 VIEW LOCATION MAP

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

1.4 TOPOGRAPHIC SURVEY

Topographic mapping and existing site conditions provided on plans are based on a Fall 2018 Survey. It shall be the responsibility of the contractor to verify all distances and locations in the field.

1.5 AS-BUILT CONDITIONS SURVEY

a. Surveys shall include cross sections and creation of the Digital

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Terrain Model (DTM) in 3-D Microstation.

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

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

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

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

1.6 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.

1.7 MINIMUM INSURANCE REQUIREMENTS

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

a. 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

SECTION 01 30 00 Page 2 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 agrees to insert the substances of this clause, including paragraph c., in all subcontracts hereunder.

d. This insurance will be included at no additional cost to the government.

1.8 ADDITIONAL INSURANCE PROCURED BY CONTRACTOR

a. The Contractor agrees to procure and maintain for the duration of this Contract insurance of the kinds and amounts hereinafter provided by insurance companies licensed to do business in the State of New York, covering all operations under this Contract.

1. The Contractor shall furnish a certificate or certificates with the appropriate endorsements showing that it has complied with this Section. The insurance documentation shall provide that:

i. Liability and protective liability insurance policies shall provide primary and non-contributory coverage to the NYS Department of Environmental Conservation and NYC ParksCity of New York for any claims arising from the Contractor's Work under this Contract, or as a result of the Contractor's activities. Insurance policies will not be accepted that:

1) remove or restrict blanket contractual liability located in the "insured contract" definition (as stated in Section V, Number 9, Item f in the ISO CGL policy) so as to limit coverage against claims that arise out of work; or

2) remove or modify the "insured contract" exception to the employers liability exclusion; or

3) do not cover the additional insured for claims involving injury to employees of the named insured or subcontractors.

The Contractor shall provide fully-completed ACORD 855 New York Construction Certificate of Liability Insurance Addendum along with specified General Liability certificate and accompanying endorsements.

ii. The following entities shall be listed as Certificate Holder on all liability insurance certificate(s), as additional insureds on endorsement(s) and on additional supporting documentation:

1) State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504

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2 ) NYC ParksCity of New York

iii. The policies shall include a waiver of subrogation endorsement in favor of the NYS Department of Environmental Conservation, as additional insured. The endorsement shall be on ISO Form number CG 24 04 or a similar form with same modification to the policy.

iv. Policies shall not be changed or canceled until thirty (30) days prior written notice has been given to the NYS Department of Environmental Conservation, and NYC ParksCity of New York ; as evidenced by an endorsement or declarations page.

v. Insurance documentation shall disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the Contract.

vi. Endorsements in writing must be added to and made part of the insurance contract for the purpose of changing the original terms to reflect the revisions and additions as described. A copy of these endorsements must be provided to the NYS Department of Environmental Conservation and NYC ParksCity of New York.

vii. Applicable insurance policy number(s) referenced on the ACORD form must be referenced in the supporting documentation supplied by the insurance company (e.g. endorsement page, declarations page, etc.).

viii. When coverage is provided by a non-admitted carrier, a copy of the declarations page along with the ELANY stamped certification wording affixed to the certificate of insurance must be provided to ensure that the excess line insurance has met all of the requirements for a valid excess line transaction in accordance with Article 21 of the New York State Insurance Law.

ix. Worker's Compensation and Disability Benefits certificates shall name the following as entity requesting proof of coverage:

1) State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504

2) NYC ParksCity of New York

x. Should the Contractor engage a subcontractor, the Contractor shall endeavor to impose the insurance requirements of this document on the subcontractor, as applicable. The Contractor shall determine the required insurance types and limits, commensurate with the work of the subcontractor and maintain the certificate or certificates and endorsements for all subcontractors hired as part of the Contractor's records.

2. The following types and amounts of insurance are required for this Contract:

i. Workers' Compensation:

For work to be performed in New York State, the Contractor shall provide and maintain full New York State coverage during the life of this Contract for the benefit of such employees as are required to be covered by the New York State Workers' Compensation Law.

SECTION 01 30 00 Page 4

Evidence of Workers' Compensation and Employers Liability coverage must be provided on one of the following forms specified by the Chairman of the New York State Workers' Compensation Board:

FORM # FORM TITLE

C-105.2 Certificate of Workers' Compensation Insurance (September 2007, or most current version)

U-26.3 State Insurance Fund Version of the C-105.2 form

SI-12/ GSI-105.2 Certificate of Workers' Compensation Self-Insurance

CE-200 Certificate of Attestation of Exemption (when Contractor meets the requirements.)

All forms are valid for one year from the date the form is signed/stamped, or until policy expiration, whichever is earlier.

Please note that ACORD forms are NOT acceptable proof of New York State Workers' Compensation Insurance coverage.

Additional information can be obtained at the Workers' Compensation website:http://www.wcb.ny.gov/content/main/Employers/Employers.jsp

ii. Disability Benefits:

For work to be performed in New York State, the Contractor shall provide and maintain coverage during the life of this Contract for the benefit of such employees as are required to be covered by the New York State Disability Benefits Law.

Evidence of Disability Benefits coverage must be provided on one of the following forms specified by the Chairman of the New York State Workers' Compensation Board:

FORM # FORM TITLE

DB-120.1 Certificate of Insurance Coverage under the New York State Disability Benefits Law

DB-155 Certificate of Disability Self-Insurance

CE-200 Certificate of Attestation of Exemption (when Contractor meets the requirements.)

All forms are valid for one year from the date the form is signed/stamped, SECTION 01 30 00 Page 5 or until policy expiration, whichever is earlier.

Please note that ACORD forms are NOT acceptable proof of New York State Disability Benefits Insurance coverage.

Additional information can be obtained at the Workers' Compensation website:http://www.wcb.ny.gov/content/main/Employers/Employers.jsp

iii. Commercial General Liability Insurance:

Contractor shall provide and maintain Commercial General Liability Insurance (CGL) covering the liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this Contract.The limits under such policy shall not be less than the following:

1) Each Occurrence limit - $5,000,000

2) General Aggregate - $8,000,000

3) Products/Completed Operations - $5,000,000

4) Personal & Advertising Injury - $1,000,000

5) Damage to Rented Premises - $50,000

6) Medical Expense - $5,000

Coverage shall include, but not be limited to, the following:

1) premises liability;

2) independent contractors;

3) blanket contractual liability, including tort liability of another assumed in a contract;

4) defense and/or indemnification obligations, including obligations assumed under this Contract

5) cross liability for additional insureds;

6) products/completed operations for a term of no less than 3 years, commencing upon acceptance of the work, as required by the Contract;

7) explosion, collapse, and underground hazards;

8) Contractor means and methods; and

9) liability resulting from Section 240 or Section 241 of the New York State Labor Law.

The following ISO forms must be endorsed to the policy:

a. CG 20 10 11 85 or an equivalent - Additional Insured-Owner, Lessees or Contractors

b. CG 25 03 11 85 or an equivalent - Designated Construction Project(s) general aggregate limit (only required for construction contracts).

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Limits may be provided through a combination of primary and umbrella/excess liability policies. The CGL aggregate shall be endorsed to apply on a per project basis for construction contracts.

iv. Business Automobile Liability:

Contractor shall provide and maintain Business Automobile Liability insurance covering liability arising out of the use of any registered motor vehicle in connection with the Contract, including owned, leased, hired and non-owned vehicles. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $5,000,000.

v. Contractor's Equipment:

The Contractor shall secure, pay for, and maintain Property Insurance necessary for protection against the loss of owned, borrowed or rented capital equipment and tools, including any tools owned by employees, and any tools or equipment, staging towers, and forms owned, borrowed or rented by the Contractor. The requirement to secure and maintain such insurance is solely for the benefit of the Contractor. Failure of the Contractor to secure such insurance or to maintain adequate levels of coverage shall not render the NYS Department of Environmental Conservation and NYC ParksCity of New York , including their agents and employees responsible for any losses; and the NYS Department of Environmental Conservation and NYC ParksCity of New York, the, their agents and employees shall have no such Liability.

vi. Umbrella and Excess Liability:

When the limits of the CGL, Auto, and/or Employers' Liability policies procured are insufficient to meet the limits specified, the Contractor shall procure and maintain Commercial Umbrella and/or Excess Liability policies with limits in excess of the primary; provided, however, that the total amount of insurance coverage is at least equal to the requirements set forth above. Such policies shall follow the same form as the primary.

vii. Maritime Protection and Indemnity Insurance and Chartered Legal:

a. 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.

b. Certificates of Insurance and Endorsements 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 New York State and the State of New York Department of Environmental Conservation and NYC Parks City of New York, , 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.

c. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer, the NYS Department of Environmental Conservation, and NYC ParksCity of New York, within 5 calendar days of the award, certificates or endorsements of the above required insurance. The policies and the certificates and endorsements 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

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Environmental Conservation and NYC ParksCity of New York , 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 NYC Parks City of New York, shall have the right, upon written notice, to receive copies of the policies required hereunder.

d. The Contractor shall insert the substance of this clause, including this paragraph (d), 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.

e. 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 Bid Schedule represents only the additional premium paid by the 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.

f. 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 the State of New York, NYS Department of Environmental Conservation and NYC ParksCity of New York, being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.

g. 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.

h. The Contractor agrees to insert the substances of this clause, including paragraph d., in all subcontracts hereunder.

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

j. 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

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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 Bid Schedule).

1.9 THE SEAGOING BARGE ACT (46 USC 395 Et Seq.)

The Seagoing Barge Act applies to this project. In the event the low bidder contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the low bidder must within five calendar days after bid opening submit a copy of said certificate to the Contracting Officer. Failure to product the certificate within the required time will subject the bidder to a determination of non-responsibility.

1.10 OBSTRUCTION OF CHANNEL

The Government will not undertake to keep any channel free from vessels or other obstructions except to the extent of such regulations, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7, of the River and Harbor Act approved August 8, 1917. The Contractor must conduct the work in such manner as to not obstruct navigation and in case the Contractor's plant so obstructs any channel as to make difficult or endanger the passage of vessels, said plant must be promptly moved on the approach of vessels to such extent as required to afford a practicable passage. Upon the completion of the work the Contractor must promptly remove his plant, include ranges, buoys, piles and other marks placed by him under the contract in navigable water or on shore.

1.11 MISPLACED MATERIAL

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor must recover and remove the same with utmost dispatch. The Contractor must give immediate notice, with description and location of such obstruction, to the Contracting Officer or inspector, and when required must mark or buoy such obstruction until the same is removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from money due to the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence must be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq).

1.12 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.

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1.13 SUPERVISION

1.13.1 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. In addition, if a Quality Control (QC) representative is required on the contract, then that individual must also have fluent English communication skills.

1.13.2 Superintendent Qualifications

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

1.13.2.1 Duties

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

The superintendent is required to attend partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted.

1.13.3 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 of claim for extension of time for excess costs or damages by the Contractor.

1.14 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. The site is exposed to the ocean and construction operations will be affected by tide, wind and wave actions. USCG Station Fire Island is designated as National Weather Service (NWS) Station 45N, Latitude 40°40'12" N, Longitude 073°04'12" W. Real-time data are available on the world wide web at https://marine.weather.gov/MapClick.php?site=okx&zmx=&zmy=&map_x=188&map_y=228&x=188

(1) Fog. An examination of the records of the U.S. Weather Bureau at

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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.

(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 https://www.ndbc.noaa.gov/station_page.php?station=44025 are as follows:

Month Average Wind Velocity 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 16.6

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. The Rockaway Beach Blvd. serve the locality of the proposed work. The Contractor must 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. Planned transportation routes on the beach, and transfer of materials and equipment along the beach, shall be coordinated with NYC and COR.

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The Contractor must also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction must 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 must be the responsibility of the Contractor.

1.15 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.

1.16 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 mut 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 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, leasepurchase 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.

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1.17 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.

1.18 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

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

1.19 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.

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1.20 PROGRESS PAYMENTS

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

1.21 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

(c) This request for progress payments does not include any

SECTION 01 30 00 Page 14 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 Officer.

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1.22 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.

1.23 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.

1.24 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.

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1.25 WAGE RATES

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

1.26 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.

1.27 (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 a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system must

SECTION 01 30 00 Page 17 be provided to the Government during contract closeout.

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

1.28 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.

1.29 VERIFICATION OF SMALL BUSINESS UTILIZATION

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

b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this contract, the Contracting Officer may survey the extent of small and small disadvantaged business utilization under this contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small businesses and small disadvantaged businesses.

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

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

1.30 FAR 52.211-12, LIQUIDATED DAMAGES--CONSTRUCTION

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 $4,319.00 for each day of delay.

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

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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 $1,079.75 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.31 PARTNERING

To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership within the Project Team whose members are from the Government, the Contractor and their Subcontractors. Key personnel from the Supported Command, the End User (who will occupy the facility), the Government Design and Construction team and Subject Matter Experts, the Installation, the Contractor and Subcontractors, and the Designer of Record will be invited to participate in the Partnering process. The Partnership will draw on the strength of each organization in an effort to achieve a project that is without any safety mishaps, conforms to the Contract, and stays within budget and on schedule.

The Contracting Officer will provide Information on the Partnering Process and a list of key and optional personnel who should attend the Partnering meeting.

1.31.1 Formal Partnering

Provide and host the Partnering sessions with key personnel of the Project Team, including Contractor personnel and Government personnel. Pay all costs associated with the Partnering effort including the Facilitator, the meeting room, and other incidental items. In exception, each participant bears their own costs for meals, lodging, and transportation associated with the Partnering sessions.

Before a Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note paper, pens/pencils, colored flash cards), and have these items available at the Partnering session. Provide copies of documents for distribution to all attendees. Provide a Facilitator experienced in conducting Partnering Workshops, and who is acceptable to both the Government and the Contractor. The Facilitator is responsible for leading the team in a timely manner and making sure that issues are identified and resolved. A list of Partnering Facilitators is available from the Contracting Officer.

a. Schedule the Initial Partnering Session for a duration of one day minimum. Locate this session at a place off the construction site, as agreed to by the Contracting Officer and the Contractor.