01 30 00 Administrative Requirements (Revised Amendment 0001).pdf

Maintenance Dredging of Bronx River, NY W912DS24B0023

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

01/20

PART 1 GENERAL

1.1 SUMMARY

1.2 SUBMITTALS

1.3 PRECONSTRUCTION CONFERENCE

1.4 PROGRESS MEETINGS

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

1.6 LIQUIDATED DAMAGES-CONSTRUCTION

1.7 PHYSICAL CONDITIONS

1.8 ESTIMATED QUANTITIES

1.9 VARIATION IN ESTIMATED QUANTITIES

1.10 FINAL EXAMINATION AND ACCEPTANCE

1.11 PERFORMANCE EVALUATION OF CONTRACTOR

1.12 CERF IMPLEMENTATION

1.13 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

1.14 PRICING OF ADJUSTMENTS

1.15 BID GUARANTEE

1.16 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

1.17 SPECIAL PROHIBITION ON EMPLOYMENT

1.18 SUPERINTENDENCE OF SUBCONTRACTS

1.19 PROCEDURES FOR SUBMISSION & CONTRACT PAYMENTS

1.20 SUBMISSION OF CLAIMS

1.21 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

1.22 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

1.23 WAGE RATES

1.24 LABOR-ADDITIONAL REQUIREMENTS

1.25 NOTICE TO MARINERS

1.26 ENVIRONMENTAL LITIGATION

1.27 PATENTS

1.28 VERIFICATION OF SMALL BUSINESS UTILIZATION

1.29 CONTRACT INFORMATION RELEASE

1.30 ALTERATIONS IN CONTRACT

1.31 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.32 SUPERVISION

1.32.1 Superintendent Qualifications

1.32.2 Minimum Communication Requirements

1.32.3 Duties

1.32.4 Non-Compliance Actions

1.33 FUEL USAGE

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 30 00 Page 1

-- End of Section Table of Contents --

SECTION 01 30 00 Page 2

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

01/20

PART 1 GENERAL

1.1 SUMMARY

The requirements of these section apply to, and are component part of, each section of the project specifications.

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 Pre-Construction Submittals, G

Preconstruction Submittals shall be submitted to the Contracting Officer or Contracting Officer Representative at least seven (7) days prior to the preconstruction conference. 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:

Certification of Insurance; G

Surety Bond; G

List Of Proposed Subcontractors; G

Order of Work; G The Contractor's order of work for dredging and performing other work, including disposal area plan.

Work To Be Performed By The Contractor; G, Subcontracting Plan; G

Progress Schedule; G A Project Schedule shall be submitted in accordance with the paragraph entitled "Project Meetings", of this section.

Submittal Register; G

Letter Appointing Superintendent; G

Activity Hazard Analysis; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

Accident Prevention Plan; G See Section 01 35 26, GOVERNMENTAL SAFETY

REQUIREMENTS

SECTION 01 30 00 Page 3

Work Plan; G

Quality Control (QC) plan, G See Section 01 45 00.00 20

Environmental Protection Plan; G

Notice to Mariners; G

SD-03 Product Data G

Monthly Progress Report

Project Schedule Status Report

The Contractor shall submit an updated Monthly Progress Report at the first meeting of each month, including a Project Schedule Status Report and if no meeting is in the agenda, these items shall be submitted to the Contracting Officer Representative when requested.

SD-11 Closeout Submittals

As-Built Drawings; G

1.3 PRECONSTRUCTION CONFERENCE

Work shall not commence prior to the conference. After award of contract, a pre-construction conference will be held at such time and location as determined by the Contracting Officer. The purpose of this conference is to discuss and develop a mutual understanding of the administrative requirements of the Contract including but not limited to: daily reporting, invoicing, value engineering, safety, base-access, outage requests, hot work permits, schedule requirements, quality control, schedule of prices or earned value report, shop drawings, submittals, cybersecurity, prosecution of the work, government acceptance, final inspections and contract close-out. Contractor must present and discuss their basic approach to scheduling the construction work and any required phasing. Members of the conference from the Government will include the quality assurance staff, the Contracting Officer or his authorized representative, and construction staff. Members from the Contractor shall include the site superintendent, project safety officer, and the quality control staff. The discussion will include, and may not be limited to, the following:

-Contractor Supervisory and Quality Control staff -Correspondence Procedures -Accident Prevention Plan -Determination of No Hazard to Air Navigation (FAA - OE/AAA) -Pollution Control Plan -Project Scheduling and Payment Procedures -Scheduling of Wekly Progress Meetings -Quality control plan -Construction site plan -Site safety and health plan -Notice to Mariners -Daily Safety "Toolbox" Talks -Debris removal/disposal -Other subjects that may be of interest to attending parties

SECTION 01 30 00 Page 4

1.4 PROGRESS MEETINGS

The Contractor and/or Contractor Representatives shall attend Weekly Progress Meetings (or as otherwise mutually agreed to) scheduled by the Government in accordance with Section 01 32 01.00 10 PROJECT SCHEDULE. The Contractor's Superintendent shall be in attendance at these scheduled project meetings.

A Monthly Progress Report shall include a Project Schedule Status Report per requirement of Section 01 32 01.00 10 PROJECT SCHEDULE.

1.5 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

Provide the Contracting Officer, within five (5) 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 70 00 Contract Clauses, FAR Clause 52.236-01, and in Section 01 11 00 SUMMARY OF WORK, paragraph 1.3 entitled: "PERFORMANCE OF WORK BY THE CONTRACTOR" of these specifications.

1.6 LIQUIDATED DAMAGES-CONSTRUCTION

a. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,305 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

1.7 PHYSICAL CONDITIONS

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

a. WEATHER CONDITIONS. The site of the work is not exposed to severe wind and wave action and the Contractor's operations are not likely to be affected by ordinary storms. Real-time data are available online at http://www.ndbc.noaa.gov/index.shtml.

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

Visibility data are available on the Internet at https://www.ncdc.noaa.gov

(2) Winds. Monthly wind conditions in the project area, based on the Kings Point, NY Station KPTN6, are as follows:

SECTION 01 30 00 Page 5

MONTH AVG WIND SPEED (kt) AVG WIND GUST (kt)

JAN 8.6 12.5

FEB 8.4 10.1

MAR 9.0 12.8

APR 7.8 11.7

MAY 6.7 10.2

JUN 5.9 8.7

JUL 5.4 7.8

AUG 5.3 7.5

SEP 5.2 7.5

OCT 6.0 8.7

NOV 7.2 10.6

DEC 7.4 10.9

(3) Weather conditions exceeding in severity the fog conditions described above or average wind speeds exceeding 25 mph, or wave heights exceeding 3 feet will be considered unusually severe if delays are caused thereby to operations for more than 50% of the day under this contract.

(4) ICE. Icing within the project vicinity during the contract period is not anticipated. However, in the event that icing does occur, this will be considered to be unusually severe weather if delays are caused thereby to operations for more than 50% of the day under this contract.

(5) TIDES The mean range of tide at Kings Point, NY (8516945) is 7.16 feet and the mean range of spring tides is 7.8 feet.

Irregular fluctuations due to wind and atmospheric pressure have varied from approximately 6.45 feet above mean higher high water and approximately 4.01 feet below mean lower low water.

b. BRIDGE AND UTILITY CROSSINGS.

UTILITY CROSSINGS:

Verify the locations and depths of all utility crossings and take precautions against damages which might result from the operations, especially the sinking of dredge spuds and/or anchors into the channel bottom, in the vicinity of utility crossings. If any damage occurs as a result of the operations, suspend dredging until the damage is repaired and approved by the Contracting Officer. Costs of such repairs and downtime of the dredge and attendant plant will be at the Contractor's expense. A search of the regulatory files within New York District disclosed utilities/structures in the vicinity of the area to be dredged, search results are amended to this solicitation.

SECTION 01 30 00 Page 6

BRIDGES:

Eastern Boulevard Bridge - double bascule bridge connecting Bruckner Expressway (I-278) over the Bronx River

Hell Gate Bridge - railroad bridge connecting two commuter tracks and one freight track from Astoria, Queens to Port Morris, Bronx

Robert F. Kennedy Bridge - suspension bridge connecting I-278 from Astoria, Queens to Wards Island

Queenboro Bridge - cantilever bridge connecting NY-25 from Manhattan to Long Island City, Queens

Williamsburg Bridge - suspension bridge connecting Lower East Side, Manhattan to Williamsburg, Brooklyn

Manhattan Bridge - suspension bridge connecting Lower Manhattan to Downtown Brooklyn

Brooklyn Bridge - cable-stayed/suspension bridge connecting Lower Manhattan to Brooklyn

Verrazano-Narrows Bridge - suspension bridge connecting the boroughs of Staten Island and Brooklyn, New York at the Narrows

The contractor shall exercise the utmost caution when dredging in the vicinity of any bridge, pier, abutment, or bulkhead to prevent the collapse, undermining or damage to these structures. In no case shall the contractor moor any plant to or tie any line, cable, chain or anchor line around any part of a bridge structure, pier, abutment or bulkhead connected therewith.

c. LOCATION. The Bronx River is located in Bronx County, New York.

d. CHANNEL AND TRANSPORTATION FACILITIES. Bronx River, NY: Based on a plans and specifications survey performed in January 2024, a controlling depth of approximately -0.1 feet MLLW is present within the contract dredging area(s). Railroads and first class highways serve the locality / project vicinity.

e. CHANNEL TRAFFIC. Vessel traffic in the Bronx River can be heavy during high tide phases. Channel users consist of mostly commercial users transporting scrap metal, concrete and other bulk materials via barge. Other small craft and recreational vessels use the channel.

There is potential for other construction activities to take place near the channel. Vessel traffic may cause some delay to the dredging required in these specifications.

f. OBSTRUCTION OF CHANNEL. The Government will not undertake to keep the area 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 Rivers and Harbors Act in such manner as to obstruct navigation as little as possible, and in case the contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon the completion of the work the Contractor shall promptly remove his plant, SECTION 01 30 00 Page 7 including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore.

g. BRIDGE-TO-BRIDGE RADIO-TELEPHONE EQUIPMENT. In order that radio-telephone communication may be made with passing vessels, all dredges engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio-telephone equipment on VHF Channel 13 (156.65 MHz with low power output having a communication range of approximately ten (10) miles). The Federal Communication Commission has approved the frequency.

SECTION 01 30 00 Page 8

1.8 ESTIMATED QUANTITIES

The total estimated quantities of material necessary to be removed from the specified limits to complete the work described in this specifications are computed from the plans and specifications survey performed in the Bronx River project area in January 2024.

Distribution of volumes is summarized below:

DREDGING AREA

REQUIRED

DREDGING

DEPTH

(FT.)

MLLW

CHANNEL

TO

GRADE

(CY)

CHANNEL

OVERDEPTH

1 FOOT

(CY)

SLOPE

TO

GRADE(CY)

SLOPE

OVERDEPTH

1 FOOT

(CY)

TOTAL

ESTIMATED

QUANTITY

(CY)

BASIC WORK

Drdging Area

1: (-10' MLLW

+ 1' OD)

10 22,715 14,505 7,665 3,875 48,760

BASIC WORK

Drdging Area 2A: (-10'

MLLW + 1' OD)

10 42,300 15,775 11,305 4,530 73,910

BASIC WORK

Drdging Area 2B: (-10'

MLLW + 1' OD)

10 14,785 2,920 1,795 445 19,945

Total Estimated Quantity Available: 142,615 CY

The Government will survey the project prior to starting work.

Above estimated quantities were computed from the data shown on the contract drawings. The quantities that may be removed and paid for will be computed by the Triangulated Irregular Network (TIN) method or average end area method as indicated in the Technical Specifications, Section 01 22 00.00 10, entitled "MEASUREMENT AND PAYMENT."

1.9 VARIATION IN ESTIMATED QUANTITIES

Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than fifteen percent (15%) above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon the demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variations above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. An adjustment in the contract unit price will also apply to that part of the actual quantity of allowable overdepth material above one-hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. (UAI 52.211-5001 Variation in Estimated Quantities

MAR 1995)

SECTION 01 30 00 Page 9

1.10 FINAL EXAMINATION AND ACCEPTANCE

a. As soon as practicable after the completion of the entire work, as in the opinion of the Contracting Officer and/or his Representative, will not be subject to damage by further operation under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer and/or his Representative. Only after the contractor has submitted a complete survey of the entire contract area(s), and submitted mapping and all data acquired to create such map, will the government perform its survey. Raw data, edited survey data with all supporting files and documentation, and all data generated during such work shall be furnished by the Contractor to the Contracting Officer and/or his Representative.

Should any shoals, lumps, or other lack of contract depth be disclosed by this examination, the Contractor will be required to remove same by dredging at the contract rate for dredging or by other method approved by the Contracting Officer, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoals may be waived by the discretion of the Contracting Officer and/or his Representative. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be required to accompany the survey party. When the entire contract area(s) is found to be in a satisfactory condition, it will be accepted as final.

Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping operations, this work will be charged against the Contractor. The rate for each day in which the Government plant is engaged in such sounding or sweeping operations and/or is en route to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $12,500.

b. Final acceptance of the entire 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 obvious error, and the acceptance of the entire work shall not change the time of payment of the retained percentages of the whole or any part of the work.

c. The entire area within the contract limits will be surveyed for final examination and acceptance. This contract has no partial acceptance areas.

d. All hydrographic survey data is to be collected in accordance with the Army Corps of Engineers manual EM-1110-2-1003.

e. Any survey related disagreement(s) as it pertains to this contract must be submitted in writing to the Contracting Officer or his Representative within 5 business days of occurrence of such survey related event. Failure to notify the Contracting Officer or his representative within 5 business days of such survey related event disqualifies the Contractor from any such related claims.

1.11 PERFORMANCE EVALUATION OF CONTRACTOR

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The Contractor will be rated either Exceptional, Very Good, SECTION 01 30 00 Page 10

Satisfactory, Marginal, or Unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards.

The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be maintained as part of the official record. Performance Evaluation Reports will be available to all DOD contracting offices for their future use in determining Contractor responsibility, in compliance with FAR 36.201 (c).

c. The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative is responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

1.12 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 of Engineers. The Contractor shall be obligated to 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 and/or his Representative is notified of the decision to activate the dredge(s) into the CERF, he shall take appropriate action to release the dredge(s).

He may then extend or terminate the contract to implement whichever action is in the best interest of the Government. The CERF contract shall also be subject to the following condition:

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 (90) 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 one hundred eighty

(180) days at the negotiated rate which appears on the schedule of prices in the BOA.

c. The CERF shall be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer and/or his Representative will notify the contractor. From the time of notification, the selected hopper dredge(s) must depart for the emergency assignment within seventy-two (72) hours for CONUS or ten

(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 and/or his Representative. Such delivery order shall utilize the schedule of rates in the BOA for the specific hopper dredges(s).

SECTION 01 30 00 Page 11

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.

1.13 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ)

The Seagoing Barge Act applies to this project. In the event the Apparent Low Bidder contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the Apparent Low Bidder shall within five (5) calendar days after bid opening submit a copy of said certificate to the Contracting Officer and/or his Representative. Failure to produce the certificate within the required time shall subject the bidder to a determination of non-responsibility.

1.14 PRICING OF ADJUSTMENTS

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 the DOD FAR Supplement in effect on the date of this contract (DOD FAR SUPP 52.243.7001) costs shall be in accordance with Part 31 of the Federal Acquisition Regulation.

1.15 BID GUARANTEE

a. The offeror (bidder) shall furnish a separate bid bond, or United States bonds, Treasury notes or other public debt obligation of the United States, in the proper amount, by the time set for opening of bids. Failure to do so may be cause for rejection of the bid. The Contracting Officer and/or his Representative will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

b. If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or give a bond(s) as required by the solicitation within the time specified, the Contracting Officer and/or his Representative may terminate the contract for default.

c. Unless otherwise specified in the bid, the bidder will (1) allow the number of days as indicated in paragraph 13D of Standard Form 1442 for acceptance of its bid and (2) give bond within 5 days after receipt of the forms by the bidder.

d. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid. The bid bond, or bonds or notes of the United States, is available to offset the difference.

1.16 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 and/or his Representative a clearance that the

SECTION 01 30 00 Page 12 proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.17 SPECIAL PROHIBITION ON EMPLOYMENT

a. Definitions: "Arising out of a contract with the Department of Defense," as used in this clause, means any act in connection with (1) attempting to obtain, (2) obtaining, or (3) performing a contract or subcontract of any agency, department or component of the Department of Defense.

b. "Convictions of fraud or any other felony," as used in this clause, means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nol contendere, for which sentence has been imposed.

c. Section 941, Title IX, Pub. L. 99-500 (10 U.S.C. 2408) prohibits a person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one (1) year from the date of conviction. Defense contractors are subject to a criminal penalty of not more than $500,000 if they are convicted of knowingly employing a person under a prohibition or allowing such person to serve on their board of directors.

d. The Contractor agrees not to knowingly employ any person, convicted of fraud or any other felony arising out of a contract with the Department of Defense contract or subcontract or allow such person to serve on its board of directors from the date the Contractor learns of the conviction until one (1) year has expired from the date of conviction. However, if the person has also been debarred pursuant to FAR subpart 9.4, the above prohibition shall extend for the period of debarment, but in no event shall the prohibition be less than (1) year from the date of conviction.

e. If the Contractor knowingly employs a convicted person in a management or supervisory capacity on any defense contract or subcontract or knowingly allows such person to serve on its board of directors within the prohibited period, the Government may consider, in addition to the criminal penalties contained in Section 941 of Pub. L.

99-500, other available remedies, such as suspension or debarment and may direct the cancellation of this contract at no cost to the Government, or terminate this contract for default.

f. The Contractor agrees to include the substance of this clause, including this paragraph (e), appropriately modified to reflect the identity and relationship of the parties, in all subcontracts exceeding $25,000.

1.18 SUPERINTENDENCE OF SUBCONTRACTS

a. The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clauses entitled: "Superintendence by the Contractor."

(1) If more than 50% and less than 70% of the value of the

SECTION 01 30 00 Page 13 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% 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.

b. If the Contracting Officer, at any time after 50% 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. (DOD FAR Supplement 52.236-7008)

1.19 PROCEDURES FOR SUBMISSION & 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 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 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 paragraph "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.

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

SECTION 01 30 00 Page 14 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) 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 notified at the preconstruction conference. In addition, the contractor shall at the same time submit one copy of the detailed breakdown and the ENG Form 93 and 93a Form to the Project 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. Telephone calls with MFR or E-mail notification of the contractor about the defective invoice shall be considered sufficient notice to the contractor. 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.

e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause entitled: "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 shall pay the contractor in accordance with the

SECTION 01 30 00 Page 15 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 Retaining 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.

1.20 SUBMISSION OF CLAIMS

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

a. Claims referencing or mentioning the Contact 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 shall also be provided to the Authorized Representative of the Contracting Officer.

The Contractor shall also 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.

1.21 OPERATOR QUALIFICATIONS FOR FLOATING CRANES & FLOATING DERRICKS

All floating cranes and floating derricks may be only operated by qualified operators. Operators shall be designated as qualified by a source which qualifies crane and derrick operators (e.g. an independent testing and qualifying company, a union, a governmental agency, a qualified consultant (can be an in-house resource)). Qualification shall be written (or oral) and practical operating examination unless the operator is licensed by a state or city licensing agency for the particular type of crane or derrick. Proof of qualification of crane and derrick operators shall be provided to the Contracting Officer's representative prior to the start of work.

1.22 EQUIPMENT OWNERSHIP & OPERATING EXPENSE SCHEDULE

a. Allowable costs for construction of marine plant and equipment in

SECTION 01 30 00 Page 16 sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the contractor's accounting records. When both ownership and operating costs cannot be determined from the contractor's accounting records, equipment costs shall be based upon the applicable provision of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region I.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule effect at the time of negotiations shall apply.

For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and overhaul are unallowable.

c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the contractor grants to the contracting officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.(UAI 31.105-101 Equipment Ownership & Operating Expense Schedule MAR 1995)

1.23 WAGE RATES

The schedule of wage rates contains rates applicable to all work under this contract (see Section 00 90 00).

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 NOTICE TO MARINERS

The Contractor shall, prior to commencement of work, notify the 1st Coast Guard District, Aids to Navigation Officer, of his proposed operations including location and duration of operations and request that the information be published in the "Notice to Mariners." This notification must be in sufficient time so that it appears in the Notice at least 30 days prior to the commencement of the dredging operation.

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1.26 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer and/or his Representative, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer and/or his Representative in the administration of this contract under the terms of Section I, contract clause entitled "SUSPENSION OF WORK." The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.27 PATENTS

All potential bidders need to be aware of the following patents, which may be related to performance of this contract.

Patent 6,293,731 Patent 5,007,590 Patent 5,028,010 Patent 5,353,998 Patent 5,542,614 Patent 5,794,862 Patent 5,931,605 Patent 6,017,169

The foregoing patents, and any others which may be applicable to activities performed under this contract, are neither required nor prohibited.

However, if you use the methods or technology described in these or other patents, please factor license costs into your bid. The successful bidder needs to obtain the proper license(s) if he wishes to use the methods, processes, or technology described in any applicable patents.

1.28 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, 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 dollar amounts of subcontracting awards with small businesses and small disadvantaged businesses.

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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).

1.29 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.

1.30 ALTERATIONS IN CONTRACT

Portions of the contract are altered as follows:

a. The following clause is incorporated as part of the contract: "By entering into this contract the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible in accordance with FAR subpart "9.4" (DEAN-PRP EFAR Acquisition Letter 85-1 dated 11 Sept 85)

1.31 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

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 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

SECTION 01 30 00 Page 19 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 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.

1.32 SUPERVISION

1.32.1 Superintendent Qualifications

Provide project superintendent with 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.

1.32.2 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.

1.32.3 Duties

The project superintendent is primarily responsible for managing subcontractors 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.

1.32.4 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 ensure 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

SECTION 01 30 00 Page 20 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.

1.33 FUEL USAGE

The Contractor shall furnish the Contracting Officer and/or his Representative a report, to be received on or before the last day of the calendar month, listing the totals of fuels consumed by the dredging plant, supporting vessels, and other construction equipments. The report shall list the quantities of different fuels separately. The report shall cover the period from the 25th of the preceding month to the 25th of the current month.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

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