am_0005.pdf

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

CHAPEL COMPLEX

PN 70156

FORT LEAVENWORTH, KANSAS

See attached documentation for content of the amendment to the RFP.

Date for receipt of Proposals is 28 AUG 2008 at 1400 hours.

Government Point of Contact: Diana Vanderzanden at (402) 995-2066.

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

MODIFICATION OF CONTRACTS/ORDER

NO.

E. IMPORTANT: Contractor

15B. CONTRACTOR/OFFEROR

is not, copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer tended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

is extended, B.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON-

TRACT ORDER NO. IN ITEM 10A.

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) is required to sign this document and return

15A. NAME AND TITLE OF SIGNER (Type or print)

PAGE OF PAGES 1. CONTRACT ID CODE

5. PROJECT NO. (If applicable) 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

7. ADMINISTERED BY (If other than Item 6)

15C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16B. UNITED STATES OF AMERICA

BY

16C. DATE SIGNED

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10B. DATED (SEE ITEM 13)

CODE CODE

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

is not ex-copies to the issuing office.

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

(Signature of person authorized to sign) (Signature of Contracting Officer)

USAPPC V1.00

10A.

30-105-02

See Item 6U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

1616 CAPITOL AVE.

OMAHA, NE 68102-4901

CODE

W9128F

FACILITY CODE

J 1

0005 18-Aug 2008

W9128F-08-R-0040

17 JUL 2008

18-Aug-2008

Am #0005 - 1

Am #0005 - 2 (Continuation SF 30)

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901 :NOTICE: Failure to acknowledge : Solicitation No. W9128F 08 R 0040 :all amendments may cause rejec- :

:tion of the offer. See FAR : Date of Issue: 17 JUL 2008 :52.215-1 of Section 00 21 00 : Date of Receiving Proposals:

28 AUG 2008

Amendment No. 0005 18 August 2008

SUBJECT: Amendment No. 0005 to Request for Proposal Solicitation Package for Design and Construction of CHAPEL COMPLEX, PN 70156, FORT LEAVENWORTH, KANSAS.

Solicitation No. W9128F 08 R 0040.

TO: Prospective Offerors and Others Concerned

1. The request for proposal documents for subject project are hereby modified as follows (revise all indices and attachment lists accordingly).

a. Request For Proposal. (Descriptive Changes.)

(1) Following Section 00 72 00, insert attached Section 00 73 00

SPECIAL CONTRACT REQUIREMENTS.

(2) Section 00 73 10, Page 7, delete paragraph 1.20 in its entirety and substitute:

“1.20 FORT LEAVENWORTH ACCESS CONTROL

a. Access Control Requirements

All contractor employees must comply with the installation's increased security posture. All contractors who are employed at, or engage in work upon, any Federal military reservation are required to conform to the rules and regulations established by the national and local command authorities.

b. General Instructions

Contractors are immediately required to register all of their vehicles and provide a comprehensive list of their employees who will engage in employment on the post in accordance with the increased access security measures being implemented by the Fort. The current security posture requires 100% controlled access. As a result of this requirement, Contractors must comply with the following guidance.

(1) List of Personnel

Contractors, on their company letterhead, shall annotate the contract number and project they are working under, and a list of all people who will require access to the post to fulfill the requirements of the contract. This list will be taken to the issuing Contracting Officer for a verification signature that the contract is valid.

Am #0005 - 3

(2) List Submission

The list shall then be taken to the Provost Marshall's Office (PMO) located at 410 McPherson Avenue, where a copy will be made and kept on record for validation during 100% identification checks at the gate. Due to the turnover in personnel, submission of up-dated lists will be required every three months.

(3) Vehicle Registration

All Contractors are required to register their vehicles at the PMO. This registration includes both company-owned vehicles or personally-owned vehicles that are required by the Contractor to fulfill the terms of an active contract. All Contractors will need licenses, registration and proof of insurance in order to register vehicles.

(4) Multiple Vehicle Registration

For Contractors with two or more vehicles in their fleet, the PMO's office will allow them to send one employee in with proof of insurance and the vehicles' registration documents to register the company vehicles. It is the Contractor's responsibility to ensure that all operators of their vehicles are validly licensed and that their names are on the access roster for the contract.

(5) Decals

Permanent post decals will be issued only to those supervisory employees who will be on site for more then one year. All others will receive a 90-day pass and renew it as required for the duration of the contract. The Prime contractor has to request via letter to the Contracting Officer's Representative a request for employee vehicle decals. This letter:

(a) shall be on the prime contractor's letterhead noting the contract number and project name.

(b) shall contain the first name, middle initial and last name of the employee.

(c) shall contain the employees social security number.

(d) shall identify the employees position (project manager, superintendent or foreman). Decals are limited to supervisory employees.

(e) shall contain a statement that the employee will be on site for not less than 1 year.

The above letter shall be accompanied by an original signed statement by the subject employee authorizing the Provost Marshal's Office to perform a criminal background check on that employee prior to the issuance of a vehicle decal. Vehicle decals will also only be issued for privately owned vehicles, not contractor owned vehicles.

(6) Failure to Follow Procedures

Failure to follow these procedures may cause untimely delays in post access and could subject the Contractor to termination action. Such delays are not allowable as a claim against the Government due to the Contractor's failure to comply with all applicable regulations and DoD directives.

Am #0005 - 4

(7) Completion of Contract

All vehicle passes will be turned in to the PMO upon completion of the contract. Contractors shall then provide a memo notifying the local Contracting Officer that this has been complete.

c. Restricted Access to Military Installation

The installation has instituted 100% controlled access. Controlled access means there will be military police located at the entry gates. Vehicles entering the installation may be subject to stop and search procedures. At times of increased security alerts, control may be increased or access may be restricted completely. Some gates may be closed during periods of the day or night. Delays of half an hour or more can be expected during peak access times or increased security alerts.

(1) Employee Identification

Each Contractor is responsible for furnishing to each employee, and for requiring each employee working on the installation, to display or possess identification as may be approved and directed by the Contracting Officer.

All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee.

(2) Passes

Passes issued to Contractors and their employees are valid for 90 days and must be renewed upon expiration.”

(3) Section 00 73 10, Page 10, paragraph 1.31 UTILITIES, line 5, delete “Paragraph 6.3” and substitute “Paragraph 6.4.2”

(4) Section 00 73 46 Wage Determination Schedule, delete General Wage Decision Nos. KS080005 and KS080007 in their entirety and substitute the attached General Wage Decision Nos.

KS080005 dated 07/11/2008 and KS080007 dated 08/15/2008.

(5) Section 01 10 00, Page 5, paragraph 2.4 FURNITURE

REQUIREMENTS.

(a) Lines 1 and 2, delete “, including existing furniture and equipment ... etc.”

(b) Last line, delete “No Additional Requirements” and substitute:

“See paragraph 3.2.5.4 of this section.”

(6) Section 01 10 00, page 12, paragraph 3.2.4 ARCHITECTURE, to the end of the paragraph, add:

“Provide all building portions with roofing surfaces that slope at least three (3) inches of rise per each twelve (12) inches of run.”

(7) Section 01 33 16, Page 111, Paragraph 3.7.1.6 CAD System and Building Information Modeling (BIM), item (d) See Attachment F for additional BIM requirements, last sentence added by Am #0004, after “preferred” insert:

Am #0005 - 5

", but other formats are acceptable."

(8) Section 01 45 01.10, Pages 150 thru 157, page header, delete “01 45 02.00 10” and substitute “01 45 01.10”.

(9) Section 01 45 04.00 10, Page 162, Paragraph 3.4.2, CQC System Manager, delete in its entirety and add:

“3.4.2 CQC System Manager

The Contract shall identify as CQC System Manager an individual within the onsite work organization who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. The CQC System Manager shall be a graduate engineer, graduate architect, a graduate of construction management, or an engineering technician with at least 2 years of college. The CQC Systems Manager shall also have a minimum of 5 years of construction experience on construction projects similar to this contract. In addition, if the contractor intends upon performing the required IBC Standard Inspections in house with the CQC Systems Manager, the CQC Systems Manager must be an ICC certified Inspector for the applicable scopes of work in which he will perform the IBC Standard Inspections.

This CQC System Manager shall be on the site at all times during construction and shall be employed by the prime Contractor. The CQC System Manager shall be assigned no other duties (except may also serve as Safety and Health Manager, if qualified and if allowed by Section 00 73 00). An alternate for the CQC System Manager shall be identified in the plan to serve in the event of the System Manager’s absence. The requirements for the alternate shall be the same as for the designated CQC System Manager but the alternate may have other duties in addition to serving in a temporary capacity as the acting QC manager."

(10) Section 01 50 02, Page 170, Paragraph 1.2.1, delete “Section 00 73 00 Special Contract Requirements” and substitute “Section 01 10 0 Statement of Work, Paragraph 6.4.2 and Appendix K”.

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged. All other conditions and requirements of the request for proposal] remain unchanged. If the proposals have been mailed prior to receiving this amendment, you will notify the office where proposals are received, in the specified manner, immediately of its receipt and of any changes in your proposal occasioned thereby.

a. Hand-Carried Proposals shall be delivered to the U.S. Army Corps of Engineers, Omaha District, Contracting Division, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

b. Mailed Proposals shall be addressed as noted in Item 8 on Page 00 11 00 - 1 of Standard Form 1442.

c. Electronic Media. It is acceptable to provide pricing proposals by electronic media to the following address.

Email to

Am #0005 - 6

Diana.L.Vanderzanen@usace.army.mil or Ken.A.Spohn@usace.army.mil

It is recommended that once sent to either of the above email addresses, a phone call is made advising of the media of transmission.

To send pricing proposals by FAX, please send it to (402) 995-2081. Any message transmitted in this manner must be followed by a call advising of the media used and followed by a hard copy of the cost proposal sent to arrive in the office listed below the next business day.

Any electronic pricing (email or FAX) provided on the date required in the request for a cost proposal must be followed by a hard copy to arrive in the following office no later than the next business day (Monday through Friday).

U.S. Army Corps of Engineers, Omaha District CENWO-CT-M (Vanderzanden/Spohn) 1616 Capitol Avenue Omaha, NE 68102-4901

3. Offers will be received until 2:00 p.m., local time at place of receiving proposals, 28 AUG 2008.

Attachments:

00 73 00 SPECIAL CONTRACT REQUIREMENTS

Section 00 73 46 Wage Determination Schedule, General Wage Decision Nos.

KS080005 dated 07/11/2008 and KS080007 dated 08/15/2008

U.S. Army Corps of Engineers, Omaha District 1616 Capitol Avenue Omaha, Nebraska 68102-4901

18 August 2008

DRL/2181

Section 00 73 00 W9128F-08-R-0040

Section 00 73 00, Page 1

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

1.0 GENERAL

1.1 REFERENCES – NOT USED

1.2 DESIGN/BUILD CONTRACT – ORDER OF PRECEDENCE (AUG 97)

1.3 PROPOSED BETTERMENTS (AUG 97)

1.4 SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06)

1.5 PARTNERING (AUG 97)

1.6 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY 06)

1.7 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

1.8 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

1.9 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

1.10 VALUE ENGINEERING AFTER AWARD (JUN 99)

1.11 DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

1.12 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

1.13 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 03)

1.14 GOVERNMENT RE-USE OF DESIGN (SEP 05)

1.15 NOT USED

1.16 US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (MAR 06)

1.17 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

1.18 SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (DEC 06)

1.19 CONTRACTOR PERFORMANCE EVALUATION

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

Am #0005

Section 00 73 00, Page 2

1.0 GENERAL

1.1. REFERENCES - NOT USED

1.2. DESIGN/BUILD CONTRACT - ORDER OF PRECEDENCE (AUG 97)

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails

(1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and

(2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitations. (See also contract Clause: 52.236- 21, SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

1.3. PROPOSED BETTERMENTS (AUG 97)

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

(b) “Betterment” is defined as any component or system which exceeds the minimum requirements stated in the Request for Proposal. This includes all betterments identified in the proposal and/or all Government identified betterments.

1.4. SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06/UPDATED FEB 07)

(a) The following describes the applicable clause or requirement for self-performance of work by the Contractor, depending upon the type of solicitation (e.g., unrestricted or full or partial set-aside) and/or whether or not a price evaluation preference was provided for in the source selection evaluation.

(b) Contract clause 52.236-1, PERFORMANCE OF WORK BY THE CONTRACTOR, is applicable to unrestricted procurement contract awards to any business except as explained in paragraphs c. and e., below.

(c) In lieu of the above clause, contract clause 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS is applicable for award to a HUBZone small business concern on an unrestricted solicitation when the awardee is a HUBZone small business concern or joint venture and claimed a price evaluation preference in accordance with the clause. For purposes of this clause, “cost of the contract” includes all direct and indirect costs, excluding profit or fees. “Cost of contract performance incurred for personnel” means direct labor costs and any overhead which has only direct labor as its base, plus the concern’s general and administrative overhead rate multiplied by the labor cost.

(d) Contract clause 52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE is applicable to awards made under a partial or total HubZone set-aside. For purposes of this clause, “cost of the contract” includes all direct and indirect costs, excluding profit or fees. “Cost of contract performance incurred for personnel” means direct labor costs and any overhead which has only direct labor as its base, plus the concern’s general and administrative overhead rate multiplied by the labor cost.

(e) Contract Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING, is the applicable requirement for awards to

Section 00 73 00, Page 3 small business concerns for solicitations that were fully or partially set-aside for Small Business, 8(a), or award to a small disadvantaged business (SDB) concern on an unrestricted procurement where an SDB concern has claimed a price evaluation preference (but see next paragraph for suspension of the SDB price preference).

(f) The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for SDBs in DoD procurements (FAR Clause 52.219-23), as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2007. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2008. This suspension applies to all solicitations issued during the period from March 10, 2008, to March 9, 2009. Said FAR Clause is not included in or made a part of this RFP. FAR Clause 52.219-4, relating to a 10% price evaluation preference for HUB ZONE small business concerns, is included in and made a part of this RFP. PLEASE NOTE HOWEVER, that paragraph (b) (3) of the FAR Clause 52.219-4, is inapplicable also due to the referenced suspension of FAR Clause 52.219-23.

1.5. PARTNERING (AUG 97)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, , the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. All costs, excluding labor and travel expenses, shall be shared equally between the Government and the Contractor. The Contractor and Government shall be responsible for their own labor and travel costs.

1.6. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY 2006)

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor’s accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.7. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract.

The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable

Section 00 73 00, Page 4 hereunder.

1.8. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement

RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN.

(b) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

1.9. CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

1.10. VALUE ENGINEERING AFTER AWARD (JUNE 99)

(a) In reference to Contract Clause 52.248-3, VALUE ENGINEERING - CONSTRUCTION, the Government may refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(b) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(c) For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

1.11. DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

(a) The Contractor shall obtain the approval of the Designer of Record and the Government's concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

Section 00 73 00, Page 5

(b) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the Request for Proposals and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence.

The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

1.12. GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

This is to clarify that contract clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

1.13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 03)

This is to clarify that contract clause 252.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term “specifications” refers to the design criteria or scope of work, in addition to any attached specifications.

1.14. GOVERNMENT RE-USE OF DESIGN (MAY 06)

In conjunction with the Clause 252.227-7022, GOVERNMENT RIGHTS UNLIMITED, the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and as-built documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

1.15. NOT USED

1.16. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (MAR 06)

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil/hqhome/ . At the HQ homepage, select HQ Offices, scroll to Safety & Occ. Health; at the Safety and Occupational Health Home page, select EM 385-1-1, then most recent dated edition & changes, English Version (controlling with changes), then Changes to EM 385-1-1.

1.17. SUPPLEMENTAL PRICE BREAKDOWN INFORMATION:

After contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot, including major building systems to the five-foot line, for programming validation purposes. There will be no separate payment for this information and the Contractor shall include it in the contract price. The Government will provide a format with the directive.

Section 00 73 00, Page 6

1.18. SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (DEC 06)

(a) The Contractor shall employ a competent person at each project to function as the Site Safety and Health Officer (SSHO) in accordance with EM 385-1-1, Section 01.A.17. Based on project size and complexity, the SSHO will have at least the minimum qualifications listed below. Submit the qualifications of the proposed SSHO for Government Approval.

(b) The SSHO may be a collateral duty responsibility. The SSHO shall have, as a minimum:

(1) 3 years safety work on similar type construction, and

(2) The 30-hour OSHA construction safety class or equivalent within last 3 years and

(3) Competent person training as required based on applicability (Scaffolds, Cranes, Fall Protection, Confined space, or others).

1.19 CONTRACTOR PERFORMANCE EVALUATION

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract.

The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1- 17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions.

The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.csd.disa.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

Am #0005 KS080005 - 1 07/11/2008

General Decision Number: KS080005 07/11/2008 KS5

Superseded General Decision Number: KS20070006

State: Kansas

Construction Types: Heavy and Highway

Counties: Douglas, Leavenworth and Shawnee Counties in Kansas.

HEAVY CONSTRUCTION PROJECTS HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008 1 04/11/2008 2 05/09/2008 3 06/27/2008 4 07/11/2008

Section 00 73 46 W9128F-08-R-0040

Am #0005 KS080005 - 2 07/11/2008

CARP0007-012 04/01/2008

LEAVENWORTH COUNTY

Rates Fringes

Carpenter and Piledriver.........$ 33.00 12.24

CARP1445-001 04/01/2008

SHAWNEE COUNTY

Rates Fringes

CARPENTER........................$ 22.37 7.48

Piledriver.......................$ 22.74 7.48

* CARP2279-003 04/01/2007

DOUGLAS COUNTY

Rates Fringes

CARPENTER........................$ 20.14 7.40

Piledriver.......................$ 20.51 7.40

ELEC0053-003 09/01/2000

LEAVENWORTH COUNTY (North of Fairmont, Stranger, and Tonganoxie Townships)

Rates Fringes

Line Construction (RAILROAD

AND CROSS COUNTRY)

TRANSMISSION LINES:

GROUNDMAN POWDERMAN........$ 17.25 28.75%+2.20

GROUNDMAN..................$ 16.11 28.75%+2.20

LINEMAN OPERATOR...........$ 23.10 28.75%+2.20

LINEMAN....................$ 24.98 28.75%+2.20

POLE TREATING GROUNDMAN....$ 16.11 28.75%+2.20

POLE TREATING SPECIALIST...$ 26.60 28.75%+2.20

POLE TREATING TRUCK DRIVER.$ 17.25 28.75%+2.20

Line Construction:

GROUNDMEN POWDERMEN.........$ 19.45 28.75%+2.20

GROUNDMEN...................$ 18.49 28.75%+2.20

LINEMEN OPERATOR............$ 25.97 28.75%+2.20

LINEMEN.....................$ 27.80 28.75%+2.20

ELEC0124-004 09/05/2006

LEAVENWORTH COUNTY (Delaware, High Prairie and Kickapoo Townships, City of Leavenworth and Ft. Leavenworth Military Reservation)

Am #0005 KS080005 - 3 07/11/2008

ELECTRICIAN......................$ 30.73 16.92

ELEC0304-002 07/01/1998

LEAVENWORTH COUNTY (Except that portion north of Fairmont, Stranger, and Tonganoxie Townships) DOUGLAS, AND SHAWNEE

COUNTIES

Line Construction:

CABLE SPLICERS..............$ 23.90 23.75%+2.00

GROUNDMEN...................$ 13.63 23.75%+2.00

LINE TRUCK AND EQUIPMENT

OPERATORS...................$ 18.71 23.75%+2.00

LINEMEN.....................$ 22.76 23.75%+2.00

POWDERMEN...................$ 18.71 23.75%+2.00

Traffic signal technician........$ 22.76 23.75%+2.00

ENGI0101-003 04/01/2008

DOUGLAS COUNTIES:

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 20.90 9.97

GROUP 2.....................$ 20.65 9.97

GROUP 3.....................$ 20.40 9.97

GROUP 4.....................$ 20.05 9.97

GROUP 4A....................$ 20.30 9.97

GROUP 1: Asphalt paver and spreader, Backhoe, Boring machine, Blades, all types, Clamshell, Concrete mixer paver operator, Concrete plant operator (automatic); Crane, Truck crane, Pitman crane, Hydro crane or any machine with power swing, Derrick or derrick trucks; Dragline operator, Dredge operator, Dozer, Ditching machine, Euclid loader, Hoist, 2 active drums, Loader, all types, Mechanic or welder, Mixermobile, Multi-unit scraper, Piledriver operator, Power shovel operator, Quad track, Scoop operator, all types, Sideboom cat, Cheery picker, Skimmer scoop operator, Push cat operators.

GROUP 2: Asphalt plant operator, Elevating grader operator.

GROUP 3: A-frame truck, Asphalt roller operator, Asphalt plant boiler fireman, Backfiller operator, Barber green loader, Boiler, other than asphalt, Bull float operator, Churn drill operator, Compressor operator (l), Concrete central plant operator, Concrete mixer operator, skip, Concrete pump operator, Crusher operator, Distributor operator, Finish machine operator, concrete, Fireman, other than asphalt, Flex plane operator, Fork lift, Form grader

Am #0005 KS080005 - 4 07/11/2008 operator, Greaser, Hoist, 1 drum, Jeep ditching machine, Pavement Breaker, self-propelled (of the hydra hammer or similar type), pump operator, 4 inches or over, two, pump operator, other than Dredge screening and wash plant operator, Small machine operator, Spreader box operator, self propelled, Tractor operator, over 50 h.p., Self-propelled roller operator, other than asphalt siphons and jets, Subgrading machine operator, Tank car heater operator, combination booster and boilers, Towboat operator, Vibrating machine operator, not hand.

GROUP 4: Concrete gang saw, Self-propelled (con-cut), Conveyor operator, Harrow, disc. seeder, Oiler, Tractor operator, 50 h.p. or less without attachments.

GROUP 4A: Oiler, Motor crane. HOURLY

PREMIUMS: Following classifications shall receive ($.25) above Group I rate: Clamshells - 3 yd. capacity or over, Crane or rigs, 80 ft. of boom or over (including jib), Draglines, 3 yd. capacity or over, Piledrivers 80 ft of boom or over (including jib), Shovels and backhoes, 3 yd.

capacity or over.

ENGI0101-006 04/01/2008

LEAVENWORTH COUNTY

Rates Fringes

Power equipment operators:

(ALL OTHER WORK)

GROUP 1.....................$ 29.79 12.77

Power equipment operators:

GROUP 2.....................$ 28.75 12.77

GROUP 3

OILERS.....................$ 24.28 12.77

OILERS DRIVER (ALL TYPES)...$ 27.63 12.77

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1 - Asphalt roller operator, finish, asphalt paver and spreader, asphalt plant operator, concrete plant operator, la tourneau rooter (all tiller types), concrete mixer paver, slip form paver operator (CMI, Rex, Gomeco or equal), finishing machine operator, auto grader or trimmer or sub-grader, side discharge spreader, concrete pump operator, backhoe, blade operator (all types), bulldozer operator, high loader - fork lift - skid loader (all types), quad track, scraper operator (all types), push cat, ditching machine, boilers-2, booster pump on dredge, dredge engineman, dredge operator, tow boat operator, hoisting engineer (2 active drums), crane operator, derrick or derrick trucks, drag line operator, pile driver operator, pitman crane or boom truck (all types), shovel operator, truck crane, clamshell operator, drilling or boring machine (rotary - self propelled), boring machine (truck or crane

Am #0005 KS080005 - 5 07/11/2008 mounted), skimmer scoop operator, mucking machine operator, sideboom cats, locomotive operator (standard gage), drillcat with compressor mounted (self-contained) or similar type self propelled rotary drill (not air tract), mechanics and welders (field and plants)

GROUP 2 - A-Frame truck operator, articulated dump truck, hoisting engine (one drum), roller operator (wtih or without blades), boilers (l), distributor operator, fireman gig, tank car heater operator (combination boiler and booster), chip spreader, back filler operator, farm tractor (all attachments), multiple compactor, concrete mixer operator, skip loader, elevating grader operator, pavement breaker, self propelled hydra-hammer (or similar type), power shield, churn drill operator, concrete saws (self propelled), conveyor operator, float operator, form grader operator, screening and washing plant, siphons and jets, vibrating machine operator (not hand held), crusher operator, conveyor operator, paymill operator, maintenance operator, welding machine, compressor, pumps, self-propelled street broom or sweeper, stump cutting machine, straw blower

HOURLY PREMIUMS

FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($1.00) ABOVE GROUP I

RATE: Clamshells - 3 yd. capacity or over - crane or rigs 80 ft. of boom or over (including jib) - draglines, 3 yd.

capacity or over - piledrivers 80 ft. of boom or over (including jib) - shovels & backhoes, 3 yd. capacity or over.

ENGI9101-001 04/01/2008

SHAWNEE COUNTIES

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 20.20 9.97

GROUP 2.....................$ 19.95 9.97

GROUP 3.....................$ 19.70 9.97

GROUP 4.....................$ 19.35 9.97

GROUP 4A....................$ 19.60 9.97

GROUP 1: Asphalt paver and spreader, Backhoe, Boring machine, Blades, all types, Clamshell, Concrete mixer paver operator, Concrete plant operator (automatic); Crane, Truck crane, Pitman crane, Hydro crane or any machine with power swing, Derrick or derrick trucks; Dragline operator, Dredge operator, Dozer, Ditching machine, Euclid loader, Hoist, 2 active drums, Loader, all types, Mechanic or welder, Mixermobile, Multi-unit scraper, Piledriver operator, Power shovel operator, Quad track, Scoop operator, all types, Sideboom cat, Cheery picker, Skimmer scoop operator, Push cat operators.

GROUP 2: Asphalt plant operator, Elevating grader operator.

Am #0005 KS080005 - 6 07/11/2008

GROUP 3: A-frame truck, Asphalt roller operator, Asphalt plant boiler fireman, Backfiller operator, Barber green loader, Boiler, other than asphalt, Bull float operator, Churn drill operator, Compressor operator (l), Concrete central plant operator, Concrete mixer operator, skip, Concrete pump operator, Crusher operator, Distributor operator, Finish machine operator, concrete, Fireman, other than asphalt, Flex plane operator, Fork lift, Form grader operator, Greaser, Hoist, 1 drum, Jeep ditching machine, Pavement Breaker, self-propelled (of the hydra hammer or similar type), pump operator, 4" or over, two, pump operator, other than Dredge screening and wash plant operator, Small machine operator, Spreader box operator, self-propelled, Tractor operator, over 50 h.p., Self-propelled roller operator, other than asphalt siphons and jets, Subgrading machine operator, Tank car heater operator, Combination booster and boilers, Towboat operator, Vibrating machine operator, not hand.

GROUP 4: Concrete gang saw, Self-propelled (con-cut), Conveyor operator, Harrow, disc. seeder, Oiler, Tractor operator, 50 h.p. or less without attachments.

GROUP 4A: Oiler, Motor crane.

HOURLY PREMIUMS: Following classifications shall receive ($.25) above Group I rate: Clamshells - 3 yd. capacity or over, Crane or rigs, 80 ft. of boom or over (including jib), Draglines, 3 yd. capacity or over, Piledrivers 80 ft of boom or over (including jib), Shovels and backhoes, 3

yd. capacity or over.

IRON0010-002 04/01/2008

LEAVENWORTH COUNTY

Rates Fringes

Ironworkers:.....................$ 26.75 20.63

IRON0010-005 04/01/2008

DOUGLAS, AND SHAWNEE COUNTIES

Rates Fringes

Ironworkers:.....................$ 26.75 20.63

LABO0142-001 04/01/2008

Rates Fringes

Laborers:

DOUGLAS AND SHAWNEE

COUNTIES

Am #0005 KS080005 - 7 07/11/2008

GROUP 1....................$ 14.85 7.10

GROUP 2....................$ 15.10 7.10

GROUP 1: Board mat weavers & cable tiers, georgia buggy (manually operated), mixerman-no skip lift, salamander tenders, track men, tractor swamper, truck dumper, wire mesh setter, water pump up to 4 inches, and all other general laborers including flagman.

GROUP 2: Air tool operators, cement handlers (bulk), chain saw, georgia buggy (mechanically operated), grademan, hot mastic kettleman, crusher feeder, joint man, jute man, mason tender, material batch hopper and scale man, mixer man, pier hole man (working 11 feet deep), pipelayer -drainage (concrete and/or corrugated metal), signal man (crane), truck dumper - dry batch, vibrator operator, wagon and churn drill operator, asphalt raker, barco tamper, concrete saw, creosote material - handling and applying, nozzle burner (cutting torch and burning bar), conduit pipe, water and gas distribution lines, tile and duct line setter, form setter and liner on concrete paving, powderman, sandblasting and gunite nozzleman, sanitary sewer pipe layer, steel plate structure erectors, screed man.

LABO1290-008 04/01/2004

DOUGLAS AND SHAWNEE COUNTIES

Rates Fringes

Asbestos Abatement/Hazardous Waste Preparation, removal and encapsulation of hazardous materials from non-mechanical systems..........$ 11.90 5.35

LABO1290-019 04/01/2008

LEAVENWORTH COUNTY

Rates Fringes

Laborers:

GROUP 1.....................$ 25.23 10.44

GROUP 2.....................$ 26.44 10.44

GROUP 1: Board mat weavers & cable tiers, georgia buggy (manually operated), mixerman-no skip lift, salamander tenders, track men, tractor swamper, truck dumper, wire mesh setter, water pump up to 4 inches, and all other general laborers including flagman.

GROUP 2: Air tool operators, cement handlers (bulk), chain saw, georgia buggy (mechanically operated), grademan, hot mastic kettleman, crusher feeder, joint man, jute man, mason tender, material batch hopper and scale man, mixer

Am #0005 KS080005 - 8 07/11/2008 man, pier hole man (working 11 feet deep), pipelayer -drainage (concrete and/or corrugated metal), signal man (crane), truck dumper - dry batch, vibrator operator, wagon and churn drill operator, asphalt raker, barco tamper, concrete saw, creosote material - handling and applying, nozzle burner (cutting torch and burning bar), conduit pipe, water and gas distribution lines, tile and duct line setter, form setter and liner on concrete paving, powderman, sandblasting and gunite nozzleman, sanitary sewer pipe layer, steel plate structure erectors, screed man.

PLAS0044-002 04/01/2006

Rates Fringes

Cement Masons:...................$ 27.45 10.10

PLAS0518-003 04/01/2001

LEAVENWORTH COUNTY

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 20.40 8.15

PLUM0165-004 06/01/2001

SHAWNEE COUNTY

Rates Fringes

PLUMBER..........................$ 24.24 7.35

PLUM0533-003 06/01/2007

LEAVENWORTH COUNTY

Rates Fringes

PIPEFITTER.......................$ 35.28 16.63

PLUM0763-003 08/01/2001

DOUGLAS COUNTY

Rates Fringes

PLUMBER/PIPEFITTER

Industrial and Commercial Projects....................$ 24.63 6.80 Light Commercial Projects:

(heating, cooling and plumbing on construction projects bid for $50,000 or less, but does not include industrial, Am #0005 KS080005 - 9 07/11/2008 hospitals, colleges, and university projects)........$ 21.19 6.80

TEAM0541-005 04/01/2008

LEAVENWORTH COUNTY:

Rates Fringes

Truck drivers:

GROUP 1.....................$ 28.03 10.15

GROUP 2.....................$ 27.46 10.15

GROUP 3.....................$ 26.94 10.15

TRUCK DRIVER CLASSIFICATIONS

GROUP 1: Mechanics and welders, A-frame low boy - boom truck driver.

GROUP 2: Material trucks, Tandem two teams, Semi-trailers, Winch trucks-fork trucks, Distributor drivers and operators, Agitator and transit mix, Tank wagon drivers, Single axle, Tank wagon drivers, Tandem or semi-trailer, Isley wagons, dump trucks, Excavator, 5 cu. yds., and over, Dumpsters, Half-tracks, Speedace, Euclids and other similar excavating equipment, One team, Station wagons, Pickup truck, Material trucks, single axle, Tank wagon drivers, single axle.

GROUP 3: Oilers and Greasers.

TEAM0541-008 03/25/2000

Rates Fringes

Traffic control service driver...$ 14.15 2.44+a

a. PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and 2 personal days.

TEAM0696-001 03/16/1997

DOUGLAS, AND SHAWNEE COUNTIES

Rates Fringes

Truck drivers:

GROUP 1.....................$ 10.60 2.95

GROUP 2.....................$ 10.70 2.95

GROUP 3.....................$ 10.85 2.95

GROUP 1: Pickups, Panel trucks, Station wagons, Flat beds, Dump and batch trucks, single axle

GROUP 2: Tandem trucks, Warehousemen or partsmen, Mechanic helpers and servicemen

Am #0005 KS080005 - 10 07/11/2008

GROUP 3: Lowboys, Semi-trailers, all Transit mixer truck (single or tandem Axle), A-frame and winch trucks when used as such, Euclid, end and bottom dump, Tournarockers, Atheys, Dumpsters and similar off-road equipment and mechanics on such equipment

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the…