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Pajaro River Flood Risk Management Project Reach 6 Contract No: W912P725BA012

SECTION 01 20 00

PRICE AND PAYMENT PROCEDURES

11/20, CHG 2: 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)

EP 1110-1-8 (2021) Engineering and Design -- Construction Equipment Ownership and Operating Expense Schedule

1.2 SUBMITTALS

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

Submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. "SPN" - San Francisco District. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

1.3 CONTRACT COST BREAKDOWN

The Contractor must furnish within 30 days after the date of Notice to Proceed, and prior to the submission of its first partial payment estimate, a breakdown of its single job pay item or items which will be reviewed by the Contracting Officer as to propriety of distribution of the total cost to the various accounts. Any unbalanced items as between early and late payment items or other discrepancies will be revised by the Contracting Officer to agree with a reasonable cost of the work included in the various items. This Contract cost breakdown will then be utilized as the basis for progress payments to the Contractor.

1.4 CONTRACT MODIFICATIONS

In conjunction with the Contract Clause DFARS 252.236-7000 Modification Proposals-Price Breakdown, and where actual ownership and operating costs of construction equipment cannot be determined from Contractor accounting records, base equipment use rates upon the applicable provisions of the

EP 1110-1-8 .

1.5 PAYMENTS TO THE CONTRACTOR

Payments will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

1.5.1 Obligation of Government Payments

The obligation of the Government to make payments required under the

Final Submittal SECTION 01 20 00 Page 1 Issued for Construction July 2025 provisions of this Contract will, at the discretion of the Contracting Officer, be subject to reductions and suspensions permitted under the FAR and agency regulations including the following in accordance with FAR

32.103 Progress Payments Under Construction Contracts:

a. Reasonable deductions due to defects in material or workmanship;

b. Claims which the Government may have against the Contractor under or in connection with this Contract;

c. Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and

d. Failure to maintain accurate "as-built" or record drawings in accordance with FAR 52.236.21.

1.5.2 Payment for Onsite and Offsite Materials

Progress payments may be made to the Contractor for materials delivered on the site, for materials stored off construction sites, or materials that are in transit to the construction sites under the following conditions:

a. FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

b. Materials delivered on the site but not installed, including completed preparatory work, and off-site materials to be considered for progress payment must be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage or in transit to the construction site. Examples of materials acceptable for payment consideration include, but are not limited to, structural steel, non-magnetic steel, non-magnetic aggregate, equipment, machinery, large pipe and fittings, precast/prestressed concrete products, plastic lumber (e.g., fender piles/curbs), and high-voltage electrical cable. Materials not acceptable for payment include consumable materials such as nails, fasteners, conduits, gypsum board, glass, insulation, and wall coverings.

c. Materials to be considered for progress payment prior to installation must be specifically and separately identified in the Contractor's estimates of work submitted for the Contracting Officer's approval in accordance with requirement of this Contract. Requests for progress payment consideration for such items must be supported by documents establishing their value and that the title requirements of the clause at FAR 52.232-5 Payments Under Fixed-Price Construction Contracts have been met.

d. Materials are adequately insured and protected from theft and exposure.

e. Provide a written consent from the surety company with each payment request for offsite materials.

f. Materials to be considered for progress payments prior to installation must be stored either in Hawaii, Guam, Puerto Rico, or the Continental United States. Other locations are subject to written approval by the Contracting Officer.

g. Materials in transit to the job site or storage site are not acceptable for payment.

Final Submittal SECTION 01 20 00 Page 2 Issued for Construction

1.6 SINGLE JOB PAYMENT ITEMS

Payment items for the work of this Contract for which Contract job payments will be made are listed in the PROPOSAL SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, are included in the listed job item most closely associated with the work involved. The job price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.6.1 Construction of Reach 6 Levees

This item shall include all labor, equipment, and materials to construct the new levees from Station RB2+39.49 to RB61+02 and between Stations LB0+95.73 to LB82+74 to top of new levee elevations. Work includes but is not limited to mobilization and demobilization, all required demolition, placement of site safety equipment and fencing successful demonstration of construction means and methods, quality control, excavation, import of levee fill and placement, construction of side channels, excavation of inspection trench, excavation of borrow material, construction and operation of contractor site project offices, traffic control, safety, environmental monitoring and requirements compliance, and all other incidental work.

This item shall include all labor, equipment and materials all levee maintenance including erosion protection and storm water pollution prevention and control, placement of rock slope protection, removal and relocation of remaining pipes, construction of inlet and outlet structures, pipe penetrations and appurtenant structures, levee crest roadway construction, construction of fencing and gates, rodent and erosion matting construction, top soil placement, and seeding.

1.6.1.1 Payment

Payment will be made for costs associated with operations necessary for construction of these features and providing required services.

1.6.1.2 Unit of Measure

Unit of measure: job.

1.6.2 Construction of Reach 6 Floodwalls

This item shall include all labor, equipment, and materials to construct the new floodwalls from Station RB0+89.37 to RB4+46.5 and between Stations LB0+88 to LB2+76 and between Stations LB81+93 to LB91+45 to top of new floodwall elevations. Work includes but is not limited all required demolition, placement of site safety equipment and fencing successful demonstration of construction means and methods, quality control, structure excavation, construction of floodwall piles, floodwall footing, floodwall stem, sheet piles, construction and operation of contractor site project offices, traffic control, safety, environmental monitoring and requirements compliance, and all other incidental work.

Final Submittal SECTION 01 20 00 Page 3 Issued for Construction

1.6.2.1 Payment

Payment will be made for costs associated with operations necessary for construction of the floodwalls.

1.6.2.2 Unit of Measure

Unit of measure: job.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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Final Submittal SECTION 01 20 00 Page 4 Issued for Construction