Amendment 0006_01 30 00.pdf

Union Beach Phase I UNIONBEACHPIH1 Amendment 005

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

08/15

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

1.2 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

View Location Map ; G, RO

Progress and Completion Pictures ; G, RO

Work To Be Performed By The Contractor ; G, RO

SD-07 Certificates

For Payment submit Eng Form 93 ; 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 PROGRESS AND COMPLETION PICTURES

Photographically document site conditions prior to start of construction operations. Provide monthly digital orthomosaic photographs, and within one month of the completion of work, in JPEG file format showing the sequence and progress of work, in which each pixel represent a minimum of 2 inches on ground or minimum resolution of (4k) 3840 x 2160 or using 16 mega pixels minimum resolution camera flown at a maximum height of 400ft above ground level.

SECTION 01 30 00 Page 1

An adequate number of digital photographs should be taken to cover the entire project maintaining resolution each week throughout the entire project from a minimum of ten views from points located by the Contracting Officer.

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 digital photographs with the monthly invoice, 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 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. Refer to section 01 33 00 SUBMITTAL PROCEDURES, Electronic File Format paragraph for information on electronic file format for submission.

For aerial photographic requirements also refer to Section 01 32 33

PHOTOGRAPHIC DOCUMENTATION.

1.5 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.

1.5.1 INSURANCE PROCURED BY CONTRACTOR

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

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to, coverage for Broad Form Property Damage. 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.

( 21) The policies described above herein shall be endorsed (i) to include Union Beach, Monmouth County and the State of New Jersey 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.

( 23) 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.

( 34) 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 Union Beach, Monmouth County and the State of New Jersey Department of Environmental

SECTION 01 30 00 Page 2

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 a certificate or statement of the above required insurance. The policies 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 .

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

1.6 COMMERCIAL GENERAL LIABILITY INSURANCE (OPTION)

(1) The policies described herein must be endorsed (i) to include the State of New Jersey Department of Environmental Protection , Monmouth County, and the Borough of Union Beach as additional insured and (ii) to provide that notice of an occurrence to the insurance company from insured must serve as notice from all insured.

(2) 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. Such coverage must not contain environmental exclusion clause and there must be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

1.7 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 shall within five

(5) calendar days after bid opening submit a copy of said certificate to the Contracting Officer or his representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of non-responsibility.

1.8 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, if any, 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 will be required to 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 vessel, said plant shall be promptly moved on the approach of any vessel to such extent

SECTION 01 30 00 Page 3 as may be necessary to afford a practicable passage.

Upon the completion of the work the Contractor shall promptly remove his plant, include ranges, buoys, piles and other marks placed by him under the contract in navigable water or on shore.

1.9 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).

1.10 CORPS OF ENGINEERS RESERVE FLEET (CERF) IMPLEMENTATION

If the work specified in this contract is performed by a hopper dredge(s), the owner must have an active Basic Ordering Agreement (BOA) for the hopper dredge(s) on file with the Corps. The Contractor must make the hopper dredge(s) available to serve in the Corps of Engineers Reserve Fleet (CERF) at any time that the hopper dredge(s) is performing work under this contract. When the Contracting Officer is notified of the decision to activate this dredge(s) into the CERF, he must take appropriate action to release the dredge(s). He/she may then extend or terminate the contract to implement whichever action is in the best interest of the Government. The CERF contractor must be subjected to the following conditions:

a. The Director of Civil Works may require the Contractor to perform emergency dredging at another CONUS (48 contiguous states) site for a period of time equal to the remaining time under this contract at the date of notification plus up to ninety days at the previously negotiated rate which appears on the schedule of prices in the BOA.

b. The Chief of Engineers may require the Contractor to perform emergency dredging at an OCONUS (outside CONUS which includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or U.S. Trust Territories) site for a period of time equal to the time remaining under this contract at the date of notification plus up to 180 days at the negotiated rate which appears on the schedule of prices in the BOA.

c. The CERF must be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer will notify the Contractor. From the time of notification, the selected hopper dredge(s) must depart for the emergency assignment within 72 hours for CONUS or 10 days for OCONUS assignments.

d. A confirming delivery order will be issued pursuant to the Basic Ordering Agreement (BOA) by the Ordering Contracting Officer. Such

SECTION 01 30 00 Page 4 delivery order will utilize the schedule of rates in the BOA for specific hopper dredge(s).

e. If during the time period specified in a, b, or c above a CERF vessel(s) is still required, the contract performance may be continued for additional time by mutual agreement.

1.11 PLANT

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

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

1.12 SUPERVISION

1.12.1 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.

1.12.2 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.

1.12.2.1 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.

1.12.3 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

SECTION 01 30 00 Page 5 of claim for extension of time for excess costs or damages by the Contractor.

1.13 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: Climatological data determined from records of the U.S. Weather Bureau station, Elizabeth, New Jersey

Mean Annual Temperature: 54 degrees F.

Mean Annual Precipitation: 46 inches

1.14 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.

1.15 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.

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

1.16 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.

1.17 CONTRACT INFORMATION RELEASE

This constitutes notification that, pursuant to CECW-OD Memo, 5 February 1996, "Release of Information - Dredging Projects", plant operation reports, including Engineer Form 27/27A, Report of Operations - Hopper Dredges and Engineer Form 4267, Daily Report of Operations - Pipeline, Dipper or Bucket Dredges, are public information and shall be provided upon proper FOIA request for active and completed contract information.

Information will be provided through proper FOIA request procedures.

1.18 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.19 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.

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

SECTION 01 30 00 Page 7

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

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

Provide written discussion of pipeline markings.

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

g. Beach Fill Placement Plan; Section 31 24 00.00 18 BEACH FILL PLACEMENT

1.20 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.

1.21 ESTIMATED QUANTITIES

The total estimated quantities of material necessary to be removed from the offshore borrow area and placed as beachfill in the project area within the specified limits to complete the work described in this specification, as computed from the information shown on the contract drawings, are as indicated on the bid schedule. The estimated quantity of material is based on beach profile survey information. The estimated bid quantity is based on the profile shown on the contract drawings and reflects the condition during the survey only. The quantities that may be removed from the borrow area and placed as backfill in the project area and paid for will be computed by the Triangulated Irregular Network (TIN) method or average end area method as indicated in the paragraph entitled "Measurement and Payment."

1.22 PROGRESS PAYMENTS

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

1.23 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT PAYMENTS

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

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

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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 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

SECTION 01 30 00 Page 9

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.

1.24 SUBMISSION OF CLAIMS

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

a. claims referencing or mentioning the Contracting Disputes Act of 1978

b. requests for a written decision by the Contracting Officer

c. claims certified in accordance with the Contract Disputes Act of 1978

No other Government representative is authorized to accept such requests.

A copy must also be provided to the Authorized Representative of the Contracting Officer.

Provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided

SECTION 01 30 00 Page 10 to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days.

1.25 PRICING OF ADJUSTMENT

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

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

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

(1) Materials required by the technical provisions; or

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

(3) Items specifically listed below.

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

1.27 WAGE RATES

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

1.28 LABOR-ADDITIONAL REQUIREMENTS

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

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

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

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

SECTION 01 30 00 Page 11

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 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.

1.30 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.

SECTION 01 30 00 Page 12

1.31 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).

1.32 FAR 52.211-12, LIQUIDATED DAMAGES--CONSTRUCTION

For liquidated damages amount see FAR Clause 52.211-12 in the Solicitation.

1.33 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 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.

1.33.1 Informal Partnering

The Contracting Officer will organize the Partnering Sessions with key personnel of the project team, including Contractor personnel and Government personnel.

The Initial Partnering session should be a part of the Pre-Construction Meeting. Partnering sessions will be held at a location agreed to by the Contracting Officer and the Contractor (typically a conference room provided by the Resident Engineer office or the Contractor). The Partners will determine the frequency of the follow-on sessions, at no more than 3 to six month intervals.

1.34 FINAL EXAMINATION AND ACCEPTANCE

a. Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or

SECTION 01 30 00 Page 13 obvious error, and the acceptance of a completed section will not change the time of payment of the retained percentage of the whole or part of the work.

b. Refer to section 31 24 00.00 18 Beachfill Placement for further instructions and section 01 45 00.00 10 Quality Control, paragraph Final Acceptance Inspection.

1.35 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION POINT OF CONTACT

The point of contact for the New Jersey Department of Environmental Protection (NJDEP) is Mr. William Dixon, Director, Division of Coastal Engineering, 1510 Hooper Avenue, Suite 140, Toms River, NJ 08753, telephone: 732-255-0767, (fax 732-255-0774), Email:

william.dixon@dep.nj.gov

1.36 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 the email addresses required 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.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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SECTION 01 30 00 Page 14

1.12.3 Non-Compliance Actions