01 30 00_AM3.pdf

REPAIR BUILDING 606, GENERAL INSTRUCTION BUILDING W912DS19C0034

USMA, WEST POINT, NY PN 94078

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

11/20, CHG 1: 08/21

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" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

View Location Map

Progress and Completion Pictures

Preconstruction Digital Photographs

Preconstruction Video Recording ; G, RO

SD-04 Samples

Construction Color Boards ; G, RO

SD-05 Design Data

Periodic Construction Video Recordings

Periodic Construction Digital Photographs

Final Completion Construction Video Recordings

SD-11 Closeout Submittals

Final Completion Construction Digital Photographs

1.3 CONSTRUCTION COLOR BOARDS

The Contractor must submit two sets of color boards depicting samples of all finish materials and one digital pdf copy for record. The color board (finishes sample submittal package) must include all visible exterior and

SECTION 01 30 00 Page 1

AMENDMENT 3

interior materials and finishes that are a part of the building (and/or structure) or built-in items provided under this Contract. The color boards must be delivered to the contracting officer's representative. The Contractor must furnish color board submittals within 90 days after receipt of the notice to proceed, but more than 30 days prior to ordering finishing materials. The Contractor should obtain approval of his entire color board submission before beginning any work involving final finishes.

The Contractor must use the following format when assembling the color boards:

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

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

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

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

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

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

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

g. Contractor to deliver above to the COR for distribution to the appropriate review parties.

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 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 different viewpoints selected by the Contractor unless otherwise directed 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

SECTION 01 30 00 Page 2 to date. Indicate photographs demonstrating environmental procedures.

Provide photographs for each month in a separate monthly directory and name each file to indicate its location on the view location sketch. Also provide the view location sketch on the CD or DVD as a digital file.

Include a date designator in file names. Photographs provided are for unrestricted use by the Government.

1.5.1 Digital Photographs

Identification: Provide the following information with each image description in file metadata tag or in web-based project software site:

a. Name of Project.

b. Name of Architect.

c. Name of Contractor.

d. Date photograph was taken.

e. Description of location, vantage point, and direction.

f. Unique sequential identifier keyed to accompanying view location map.

1.5.2 Video Recording

Video Recordings: Submit video recordings within seven days of recording.

1. Submit video recordings on CD-ROM, or by uploading to web-based project software site. Include copy of view location map indicating each video's location and direction.

2. Identification: With each submittal, provide the following information in file metadata tag or on web-based project software site:

a. Name of Project.

b. Name of Architect.

c. Name of Contractor.

d. Date photograph was taken.

e. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction.

1.5.3 Formats And Media

1.5.3.1 Digital Photographs

As indicated above.

1.5.3.2 Digital Video Recordings

Provide high-resolution, digital video in MPEG format, produced by a digital camera with minimum sensor resolution of 12 megapixels and capable of recording in full high-definition mode with vibration-reduction technology. Provide supplemental lighting in low light levels or backlit conditions.

SECTION 01 30 00 Page 3

1.5.3.3 Digital Images

Submit digital media as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image-editing software.

1.5.3.4 Metadata

Record accurate date and time from camera.

1.5.3.5 File Names

Name media files with date and Project name and sequential numbering suffix.

1.5.4 Construction Photographs

1.5.4.1 General

Take photographs with maximum depth of field and in focus.

1. Maintain view location map with each set of construction photographs that identifies each photographic location.

1.5.4.2 Preconstruction Digital Photographs

Before commencement of preservation and construction activities, take photographs of Project site and surrounding areas, including existing items to remain during construction, from different vantage points, as directed by Architect and Historic Preservation Consultant.

1.5.4.3 Periodic Construction Digital Photographs

Take representative progress photographs once work commences. Select vantage points to show status of construction and progress since last photographs were taken.

1.5.4.4 Final Completion Construction Digital Photographs

Take photographs after date of Substantial Completion for submission as Project Record Documents. Architect and Historic Preservation Consultant will inform photographer of desired vantage points

1.5.5 Construction Video Recordings

1.5.5.1 Narration

Describe scenes on video recording by audio narration by microphone while, or dubbing audio narration off-site after video recording is recorded.

Include description of items being viewed, recent events, and planned activities. At each change in location, describe vantage point, location, direction (by compass point), and elevation or story of construction.

1. Confirm date and time at beginning and end of recording.

2. Begin each video recording with name of Project, Contractor's name, and Project location.

SECTION 01 30 00 Page 4

1.5.5.2 Preconstruction Video Recording

Before starting construction, record video recording of Project site and surrounding areas from different vantage points, as directed by Architect.

1. Show existing conditions adjacent to Project site before starting the Work.

2. Show protection efforts by Contractor.

1.5.5.3 Periodic Construction Video Recordings

Record video recordings at vantage points to show status of construction and progress since last video recordings were recorded.

1.5.5.4 Final Completion Construction Video Recordings

Record video recordings at vantage points to show the final construction and completion.

1.6 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 and 52.228-5 - Insurance

- Work on a Government Installation.

a. Before commencing work under this contract, the Contractor must notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance must contain an endorsement to the effect that cancellation or material change adversely affecting the Government's interest cannot 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 30 days after written notice thereof to the Contracting Officer.

b. The Contractor must insert the substance of this clause, including this paragraph (b), in subcontracts under this contract that require work on a Government installation and must require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor must maintain a copy of all subcontractors' proofs of required insurance, and must make copies available to the Contracting Officer upon request.

1.7 SUPERVISION

1.7.1 CONTRACTOR'S KEY MANAGEMENT PERSONNEL

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

a. Contractor's Project Manager:

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

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

SECTION 01 30 00 Page 5 relating to work including, but not limited to, Contract compliance, progress of work, overall project scheduling, financial matters, and change orders.

(3) Attends all job meetings.

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

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

(6) Authorized to negotiate changes.

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

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

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

(3) Attends all job meetings.

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

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

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

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

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

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

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

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

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

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00 ).

(2) Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, SECTION 01 30 00 Page 6

Contract compliance and testing procedures.

(3) Has no other duties except Quality Control.

(4) Attends all job meetings.

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

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

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

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

(9) Manager of Field Quality Control Personnel indicated in sections e., f., and all additional staff required under the CQC Personnel experience matrix per Section 01 45 00 .

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

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

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00 ).

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

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

(4) Attends all job meetings.

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

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

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

(8) Minimum of ten (10) years of construction experience in similar size project. Follow requirements in specification Section 01 45 00 Paragraph 3.4.3 Experience Matrix.

f. Contractor's Quality Control System Manager (Structural Quality Control Personnel)

(1) Performs all quality control management duties required of the

SECTION 01 30 00 Page 7

Contractor (reference Section 01 45 00).

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

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

(4) Attends all job meetings.

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

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

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

(8) Minimum of ten (10) years of construction experience supervising structural features in similar size project. Follow requirements in specification Section 01 45 00 Paragraph 3.4.3 Experience Matrix.

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

(1) Performs all quality control management duties required of the Contractor (reference Section 01 45 00 ).

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

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

(4) Attends all job meetings.

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

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

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

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

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

(1) Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01 35 26 Governmental Safety Requirments).

SECTION 01 30 00 Page 8

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

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

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

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

EM 385-1-1 .

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

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

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

(1) Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01 35 26 Governmental Safety Requirments).

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

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

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

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

EM 385-1-1 .

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

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

j. Cybersecurity Representative:

(1) Key person to implement and manage the cybersecurity of all related control systems of the project.

(2) Submit Cybersecurity Representative's certification of qualifications per DoDD 8570/DoDD 8140 no later than 30 calendar days after Notice to Proceed and at least 30 days prior to the Cybersecurity Kickoff Meeting for review and approval. Submit one hard copy and an electronic copy.

(3) The Cybersecurity Representative must lead and oversee the cybersecurity control systems work specified herein and be the primary point of contact for the Government regarding the cybersecurity work.

SECTION 01 30 00 Page 9

1.7.2 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.

1.7.3 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 must be its performance on the work to which these specifications apply.

1.7.4 PHYSICAL CONDITIONS

The information and data provided or referred to below are not intended as representations or warranties but are provided for information only. It is expressly understood that the Government will not be responsible for the accuracy thereof or for any deduction, interpretation or conclusion drawn there from by the Contractor.

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

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

Transportation

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

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

Railhead is located approximately 15 miles from the project site.

The Contractor must make all arrangements at his expense for the

SECTION 01 30 00 Page 10 use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of the work. The Contractor's use of sidings must be arranged so as not to interrupt or delay the operation of the Military reservation.

1.7.5 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 https://www.woundedwarriorproject.org/programs/warriors-to-work/employer-resources U.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org/

1.8 PRECONSTRUCTION CONFERENCE

Immediately after award , prior to commencing any work at the site, coordinate with the Contracting Officer a time and place to meet for the Preconstruction Conference . The conference must take place within 35 calendar days after notice to proceed (NTP) , but prior to commencement of any work at the site. 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.

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

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

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

SECTION 01 30 00 Page 11

c. Contractor Quality Control (CQC) Plan; section 01 45 00 Quality Control

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

e. Letter appointing Superintendent

f. Detailed Concept of Operations Plan

1.8.1 Attendees

Contractor attendees must include the Project Manager, Superintendent, Site Safety and Health Officer (SSHO), Quality Control Manager and major sub contractor s.

1.9 COORDINATION PERIOD

In addition to Contract clause titled PRECONSTRUCTION CONFERENCE, the Contractor must reserve a 2 workday period of time no later than one month following the Contract preconstruction conference for coordination. The Contractor's project management team responsible for this project must participate. During the 2-day coordination period the Contractor and the Government will exchange information related to the government regulations and procedures, points of contact, relevant design information and general discussion about the execution and coordination of the project. The Contractor must dedicate his management team for this 2-day coordination period.

1.10 CONNECTION WITH WORK OF OTHER CONTRACTS

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

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

b. Where the work under this Contract is completed before that of the adjoining Contractor, the Contractor must terminate his work in an approved manner ready for future connection by the adjoining Contractor. Pipes and conduits must be closed with suitable caps or plugs that will prevent entry of dirt or debris, but that are readily removable when final connections are made. For underground lines that are back-filled, approved type markers that extend above the ground surface must be provided to facilitate future location of the lines by the adjoining Contract.

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

SECTION 01 30 00 Page 12

d. USAG DPW has privatized water, wastewater, and electrical utility systems and the Contractor is expected to coordinate with the utility system owners and their standard operating procedures. The Contractor must coordinate at the time of award and continuously over the course of the project to ensure the construction schedule properly encompasses Primary Utility Contractor's schedule. The Contractor is to designate an authorized representative to be responsible for the coordination with the utility system owner, preparation of the schedule and all required updating. The project schedule is to demonstrate the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities of the privatized utility provider. Activities associated with the procurement, fabrication, and delivery of long lead materials, equipment, fabricated assemblies, and supplies are to be included in the schedule.

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

1.11 COORDINATION OF TRADES

a. The Contract drawings are in part diagrammatic and show the general arrangement of duct, piping and other mechanical and electrical trades. The Contractor must have a competent engineer on the project site to coordinate all fieldwork and shop drawings of the various trades prior to installation and/or submission of field or shop drawings for approval. The Contractor must allot spaces to the various trades prior to installation of the work. In spaces where all the various installations cannot be accommodated, the Contractor must notify the Contracting Officer and must submit alternate solutions as to its solution at no cost to the Government. The decision of the Contracting Officer must be final.

b. The Contractor must be responsible for the coordinated drawings of the various trades showing locations and sizes of all sleeves, electric outlets, inserts, piping, shafts, hangers, lights, ducts, catwalks, pads, chases, sprinklers, smoke detectors, soffits, fascias, steel trusses, blocking, high-density storage components/rails, etc.

Composite signed-off coordinated shop drawings must be developed at 3/8" equals 1'-0 scale showing all mechanical electrical work in hung ceilings and chases.

1.12 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements must be executed in 4 copies.

Each certificates must be signed by an official authorized to certify in behalf of the manufacturing company and must contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certification apply.

Copies of laboratory tests reports submitted with certificates must contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification must not be construed as relieving the Contractor from furnishing satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements

SECTION 01 30 00 Page 13

1.13 SUBMISSION OF CLAIMS

The following must be submitted to the Contracting Officer at the following address: U.S. Army Corps of Engineers, Room 16-300, New York District, 26 Federal Plaza, New York, New York 10278-0090:

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

b. requests for a written decision by the Contracting Officer

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

No other Government representative is authorized to accept such requests.

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

Provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of Contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days.

1.14 PAYMENTS FOR MATERIALS DELIVERED OFF-SITE

a. 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.

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

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

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

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

SECTION 01 30 00 Page 14

When the Contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service must 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.

1.16 DESIGNATION OF PROPERTY ADMINISTRATOR

The Chief, Property and Accounting Section, U.S. Army Engineer District, New York, Federal Building, 26 Federal Plaza, New York, N.Y. 10278-0090 is designated as Property Administrator, in connection with this Contract.

1.17 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this Contract entitled “Subcontracts”, the Contractor must 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 subcontractors is in compliance with the equal opportunity requirements and therefore is eligible for award.

SECTION 01 30 00 Page 15

1.18 PERFORMANCE EVALUATION OF CONTRACTOR

a. As a minimum, the Contractor's performance will be evaluated annually.

However, interim evaluations may be prepared at any time during Contract performance when determined to be in the best interest of the Government.

b. The format for the evaluation will be performed through CPARS, and the Contractor will be rated, either, outstanding, satisfactory, 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 made a 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 DFARS 236.201.

c. A similar evaluation for subcontractors will be prepared if the Government deems it to be appropriate.

1.19 PARTNERING

To most effectively accomplish this Contract, the Contractor and Government must form a cohesive partnership with the common goal of drawing on the strength of each organization in an effort to achieve a successful project without safety mishaps, conforming to the Contract, within budget and on schedule. The partnering team must consist of personnel from both the Government and Contractor including project level and corporate level leadership positions. The Contractor should plan for the attendance of approximately 15 to 20 individuals from the Government, local community representatives, NYSDEC in addition to the and subcontractor's personnel. Contractor, key subcontractors and the Designer of Record are required to participate in the Partnering process.

1.19.1 Facilitated (Formal) Partnering

a. Within 35 calendar days of NTP and prior to the start of work, host a Formal Partnering session with key personnel from the project team including both Contractor and Government personnel. All costs associated with the Partnering session including the third-party independent Facilitator Consultant, meeting room and other incidental items are the responsibility of the Contractor.

b. Before the Facilitated (Formal) Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note pads, pens/pencils, colored flash cards) and have these items available at the Partnering session. Provide copies of any documents required for distribution to all attendees. Participants will bear their own costs for meals, lodging and transportation associated with Partnering .

c. The Initial Partnering Session must be a duration of one day and be held at a location off base as agreed to by the Contracting Officer.

Partnering session may take place concurrently with the Pre-Construction Meeting.

SECTION 01 30 00 Page 16

d. Facilitator must be experienced in conducting corporate Partnering sessions and must be a third-party independent facilitating consultant

- not an employee of the Contractor. The Facilitator is responsible for leading all aspects of the Partnering session necessary to achieve the Partnering goal.

e. An outcome of the Partnering session must be an escalation matrix agreed upon by both the Government and Contractor, which identifies key Government and Contractor decision makers by name and anticipated decision durations.

f. Host follow-on Partnering Sessions at three- to six-month intervals or more frequently if needed and lasting generally a half day or less.

Attendees need only be those required to resolve current issues. The same Facilitator used in the Initial Partnering session must lead the follow-on sessions unless an alternative is permitted by the Contractor Officer. All costs associated with follow-on Partnering sessions are the responsibility of the Contractor.

g. Provide a completed partnering agreement to all participants within 30 days of partnering session.

1.20 GENERAL MEETING REQUIREMENTS

1.20.1 Preparatory and Initial Phase meeting checklists

See Section 01 45 00 QUALITY CONTROL for Preparatory and Initial Phase meeting checklists. The Contractor is responsible for phase and progress meetings to include:

a. Meeting notification to participants

b. Prepare agenda for meetings

c. Use phase checklists for Preparatory and Initial Phase meetings

d. Physical arrangements for meetings

e. Preside at meetings

f. Record minutes recording proceedings and decisions

g. Copy and send minutes to:

(1) Meeting participants

(2) Project parties affected by decisions

(3) Contracting Officer (No later than 3 working days)

1.20.2 Weekly Progress Meetings Agenda

See section 01 32 01.00 10 PROJECT SCHEDULE for the weekly progress meeting. Modify the agenda as needed for on-going work.

a. Review minutes from previous progress meetings

b. Review RMS CM Contractor Action Item Report

SECTION 01 30 00 Page 17

c. Review work progress since previous meeting

d. Review current definable features of work:

-- Identify phases of current features of work

-- Identify pending phase changes

-- Identify features for discussion in next scheduled meeting

e. Discuss problem prevention:

(1) Field observations

(2) Deficiencies and tracking

(3) Procedures working well

(4) Problems, conflicts

(5) Methods to improve

f. Review construction schedule:

(1) Identify delays

(2) Discuss proposed corrective actions to regain schedule

g. Submittals and Requests for Information (design interpretation):

(1) Review submittal register

(2) Identify submittals to expedite as required

h. Review off-site activities:

(1) Fabrications

(2) Material and equipment delivery schedule

i. Review Testing:

(1) Type, Schedule

(2) Received Results

j. Review changes to construction schedule:

(1) Planned progress during succeeding work period

(2) Coordination of various schedules

(3) Effect of changes on construction and completion date

k. Review site safety

l. Discuss maintaining Contract quality for materials and workmanship

m. Discuss pending modifications, changes, and substitutions

SECTION 01 30 00 Page 18

n. Discuss other business, as appropriate

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

SECTION 01 30 00 Page 19