01 30 00.pdf

AMENDMENT 2

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

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

1.3 SUBMITTAL REQUIREMENTS

For submitta submittal requirements, refer to section 01 33 00 SUBMITTAL

PROCEDURES.

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

Village of Ocean Beach, NY 01 30 00 - 1 Well Station No. 5 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 INSURANCE REQUIREMENTS

1.6.1 Minimum Requirements

Provide the minimum insurance coverage set forth below for the entire period of performance under this contract at no cost to the Government.

Provide other insurance coverage as required by State law.

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

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to, coverage for Broad Form Property Damage property damage arising out of explosion, collapse or underground property damage hazards with a contractual liability endorsement covering the risks assumed and indemnification given by the New York State Department of Environmental Conservation (Non-federal sponsor), Suffolk County, Town of Islip, and Village of Ocean Beach, if any, under the Project Agreement and the State/City agreements (a copy of these agreements shall be furnished to the insurance underwriter); the Commercial General Liability Policy shall not contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard, basic, unamended, and unendorsed commercial liability policy;. Such coverage shall not contain environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the Town of Islip, Incorporated Village of Ocean Beach, Suffolk County and the State of New York Department of Environmental Protection as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

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

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

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

Village of Ocean Beach, NY 01 30 00 - 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, shall be delivered to Incorporated Village of Ocean Beach, Suffolk County and the State of New York Department of Environmental Protection, prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer, NYS Department of Environmental Conservation, Incorporated Village of Ocean Beach, Suffolk County, within 5 calendar days of the award, a certificate or statement of the above required insurance. The policies and the certificate of insurance evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government 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 Suffolk County, and the Incorporated Village of Ocean Beach shall have the right, upon written notice, to receive copies of the policies required hereunder.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract 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.

1.6.2 Additional Insurance

See Additional Insurance - Appendix at the end of this section for additional insurance to be provided by the Contractor.

1.7 MINIMUM INSURANCE REQUIREMENTS

Provide the minimum insurance coverage set forth below for the entire period of performance under this contract at no cost to the Government.

Provide other insurance coverage as required by State law.

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

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

Village of Ocean Beach, NY 01 30 00 - 3 the Project Agreement and the State/City agreements (a copy of these agreements shall be furnished to the insurance underwriter);

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

(2) The policies described above shall be endorsed (i) to include Incorporated Village of Ocean Beach, Suffolk County and the State of New York Department of Environmental Protection as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

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

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

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(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, shall be delivered to Incorporated Village of Ocean Beach, Suffolk County and the State of New York Department of Environmental Protection, prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer, NYS Department of Environmental Conservation, Incorporated Village of Ocean Beach, Suffolk County, within 5 calendar days of the award, a certificate or statement of the above required insurance. The policies and the certificate of insurance evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government 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 Suffolk County, and the Incorporated Village of Ocean Beach shall have the right, upon written notice, to receive copies of the policies required hereunder..

Village of Ocean Beach, NY 01 30 00 - 4

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. 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.

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

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

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

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

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

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

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

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

1.7 SUPERVISION

1.7.1 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, Village of Ocean Beach, NY 01 30 00 - 5 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.

1.7.2 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.

For routine projects where the superintendent is permitted to also serve as the Quality Control (QC) Manager as established in Section 01 45 00.00 10 QUALITY CONTROL, the superintendent must have qualifications in accordance with that section.

1.7.2.1 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.

1.7.3 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.

1.8 SUPERINTENDENCE OF SUBCONTRACTORS

a. Provide the following, in addition to the superintendence required by the Contract Clause titled, "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 shall 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 shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

Village of Ocean Beach, NY 01 30 00 - 6

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.

1.9 PHYSICAL DATA (FAR 52.236-4)(APR 1984)

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

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

(1) Fog. An examination of the records of the National Centers for Environmental Information at Islip Airport, New York, discloses an average of 34 days per year on which dense fog (visibility of 1/4 mile or less) occurs in the area. The maximum number of days in which dense fog occurred in any month was 8 days in February.

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

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

Jan. 16.4 20.1

Feb. 14.9 19.3

Mar. 13.8 18.0

Apr. 11.2 13.6

May 9.5 11.0

Jun. 9.5 11.3

Jul. 9.6 11.6

Aug. 9.8 12.0

Sep. 11.3 14.2

Village of Ocean Beach, NY 01 30 00 - 7

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

Oct. 13.0 6.6

Nov. 14.0 17.2

Dec. 16.1 20.6

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

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

1.10 PERFORMANCE OF WORK BY THE CONTRACTOR

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

1.11 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

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

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

CONTRACTS

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

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

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

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance https://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program-

Village of Ocean Beach, NY 01 30 00 - 8 http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org /

1.13 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.

1.14 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 DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this Contract, the Contracting Office may survey the extent of small and small disadvantaged business utilization under this Contract.

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

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

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

1.15 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, prosecution of the work, and clear expectations of the "Interim DD Form 1354" Submittal. Major subcontractors who will engage in the work must also attend.

1.16 FAR 52.211-12, LIQUIDATED DAMAGES

a. If a delay to the NTP date is a result of the Contractor, an extension will not be given. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $3,852 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)

Village of Ocean Beach, NY 01 30 00 - 9

d. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punchlist") is completed no later than 30 days from the date of transfer. In this case the contractor shall pay liquidated damages for punchlist items not completed in the daily amount of $963 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.17 NO WAIVER BY GOVERNMENT

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

1.18 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS

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

a. At the time of submission of the project schedule, the Contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative will review this breakdown within 30 calendar days after receipt and either advise the Contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved will any payment invoice be accepted from the Contractor. The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case will more than 10% of the contract amount be paid unless the breakdown is approved.

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

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

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

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

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

Village of Ocean Beach, NY 01 30 00 - 10 sole proprietorship.

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

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

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

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

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

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

(Name)

(Title)

(Date)

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

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

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

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

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

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

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

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

1.19 CLAIMS PROCESSING PROCEDURES

The following shall be submitted to the Contracting Officer at the following address: US Army Corps of Engineers, New York District, 26 Federal Plaza, Room 1843, NY, NY 10278-0090:

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

b. Request 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 a request. A copy shall also be provided to the authorized Contracting Officer's Representative. The Contractor shall also provide the Contracting Officer with a copy of requests for additional time, money, or interpretation of contract requirements which were provided to the authorized representative of the Contracting Officer that have not been resolved after 90 days.

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

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

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

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

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

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1.21 PROGRESS PAYMENT

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

1.22 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS

In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FlXED-PRICE CONSTRUCTION CONTRACTS" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract:

a. At the time of submission of the progress chart, the contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative shall review this breakdown within 30 calendar days after receipt and either advise the contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall any payment invoice be accepted from the contractor and any payment made to him. The Contracting Officer can determine if it is in the best interest of the Government to make payment without an approved breakdown, however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved.

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

Village of Ocean Beach, NY 01 30 00 - 13 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 shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be so notified at the preconstruction conference. In addition to the designated Project Engineer, the Contractor shall at the same time submit one copy of the detailed breakdown and the Eng Form 93 and 93a Form to the Area Engineer.

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

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

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

(2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 30 calendar days after the approval of the release to the contractor by the Contracting Officer or his authorized representative.

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

1.23 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:

Village of Ocean Beach, NY 01 30 00 - 14

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 LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll.

1.25 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (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 CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED ACT REGULATIONS.

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

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

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

Village of Ocean Beach, NY 01 30 00 - 15 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 shall be provided to the Government during contract closeout.

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

1.26 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 NYSDEC, Suffolk County, Town of Islip and Village of Ocean Beach, 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.

1.26.1 Formal Partnering

Provide and host the Partnering sessions with key personnel of the Project Team, including Contractor personnel and Government personnel. The Contractor should plan for the attendance of approximately 15-20 individuals from the Government, local sponsor, in addition to the Contractor's and subcontractor's 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. It may take place concurrently with the Pre-Construction Meeting.

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b. Schedule follow-on Partnering Session(s) for a maximum of 4 hours.

Schedule them at no more than three to six month intervals.

Participants are encouraged to utilize electronic means to expedite meetings. Meetings may be held at a location off-Base, at the project site, or in a Government Facility on Base. Follow-on meetings may be held concurrently with other scheduled meetings. Attendees need only be those required to resolve current issues. Recommend using the same Facilitator from the Initial Partnering session to achieve best results and for continuity.

c. provide a completed partnering agreement to all participants within 30 days of the partnering session.

1.27 ELECTRONIC MAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 10 days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use email to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple email addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this email address.

1.28 POINT OF CONTACT (POC)

Organization Name: NYSDEC

Point of Contact (POC): Arvind G. Goswami, PE, CFM

POC Tittle: Chief, Coastal Erosion and Floodplain Management Section, Bureau of Flood Protection and Dam Safety, Division of Water New York State Department of Environmental Conservation

Address: 625 Broadway, Albany, NY 12233-3504

Phone Number: (518) 402-8186

Email Address: arvind.goswami@dec.ny.gov

Organization Name: Coast Guard

Point of Contact (POC): Marine Event Permit

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Organization Name: Coast Guard

POC Tittle: Chief, Waterways Management Division, USCG Sector Long Island Sound

Address: 120 Woodward Avenue , New Haven, CT 06512

Phone Number: (203) 468-4596 / Fax: (203) 468-4423

Email Address: Marine Event Permit Email Address:

D01-SMB-SECLIS-SPWMarineEvents@uscg.mil

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

Village of Ocean Beach, NY 01 30 00 - 18

Additional Insurance - Appendix

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 DEC, Suffolk County, Town of Islip or Village of Ocean Beach 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:

• 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

• remove or modify the “insured contract” exception to the employers liability exclusion; or

• 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:

• 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

• Suffolk County, its officers, agents and employees, H. Lee Dennison Bldg, 100 Veterans Memorial Hwy, P.O. Box 6100, Hauppauge, NY 11788

• Town of Islip, its officers, agents and employees, One Manitton Court, Islip, NY 11751

• Village of Ocean Beach, its officers, agents and employees, 153 Bay Walk, Ocean Beach, NY 11770

iii. The policies shall include a waiver of subrogation endorsement in favor of the

NYS Department of Environmental Conservation, Suffolk County, the Town of Islip, and the Village of Ocean Beach 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…