09b0020amnd6spec.pdf

JSEC

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

THIS AMENDMENT DOES NOT EXTEND THE AUGUST 20, 2009 BID OPENING DATE.

continued on next page

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU-09-B-0020

X 9B. DATED (SEE ITEM 11)

07-Jul-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) Joint SATCOM Engineering Center, C4ISR Campus, Aberdeen Proving Ground, Harford County, MD

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

B. 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)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

2. AMENDMENT/MODIFICATION NO.

10A. MOD. OF CONTRACT/ORDER NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Aug-2009

CODE

4. REQUISITION/PURCHASE REQ. NO.

CODE

US ARMY ENGINEER DIS RICT, PHILADELPHIAT

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

See Item 6

CODE FACILITY CODE

EMAIL:TEL:

Invitation for Bid No.

W912BU-09-B-0020

THIS PAGE INTENTIONALLY LEFT BLANK FOR DUPLEX PRINTING

14. DESCRIPTION OF AMENDMENT (continued)

(1) Revised Amendment No. 0004 Description: Please delete Amendment No. 0004 Description in its entirety and replace with the revised Amendment No. 0004 Description, annotated Amendment No. 0006, attached hereto

(2) Bid Schedule: Please delete page 00010-3 in its entirety and substitute revised page 00010-3, annotated Amendment No. 0006, attached hereto.

(3) Special Contract Requirements: Please delete page 00 80 00–i in its entirety and substitute revised page 00 80 00-i annotated Amendment No, 0006, attached hereto.

(4) Section 00 80 00 – SPECIAL CLAUSES: Please delete Section 00 08 00 in its entirety and substitute revised Section 00 80 00 annotated Amendment No. 0006, attached hereto.

(5) Section 00815 – WAGE RATES: Please delete Section 00815 in its entirety and substitute revised Section 00815 annotated Amendment No. 0006, attached hereto.

(6) Please delete the following sections in their entirety and substitute the revised sections of the same numbers, annotated Amendment No. 0006, attached hereto.

01 50 00 TEMPORARY CONSTRUCTION

01 78 00 CLOSEOUT SUBMITTALS

03 31 00 CAST IN PLACE CONCRETE

04 21 13 MASONRY

08 71 00 DOOR HARDWARE

09 29 00 PAINT

(7) Please delete the following drawings and replace with new drawings of the same number with latest revision date of 6 August 2009, attached hereto:

G-1 A-602 A-605

CD-101

CS-101

CS-103

CU-102

CU-506

GC-101

GC-102

GC-103

E-103 E-104 E-501

E-504 E-701 E-901 E-903

ES-101

FA-101

P-411

(8) Please add the following new drawings dated 6 August 2009, attached hereto

CD-102

CD-103

CU-103

CU-104

CU-105

CU-507

Amendment No.0006

IFB W912BU-09-B-0020

GC-501

(9) Please indicate receipt of this amendment on Standard Form 1442(SOLICITATION, OFFER, AND AWARD) as Amendment No. 0006. Failure to acknowledge all amendments may be cause for rejection of the bid.

Amendment No.0006

14. DESCRIPTION OF AMENDMENT (continued)

a. VOLUME 1 OF 2:

(1) SF1442: Please delete current form SF1442 in its entirety and substitute revised SF1442, annotated Amendment No. 0004, attached hereto.

(2) Bid Schedule: Please delete page 00010-3 in its entirety and substitute revised page 00010-3, annotated Amendment No. 0004, attached hereto. (See Amendment No. 0006)

(3) Contract Clauses: Please delete pages 00700i and 00700-14 through 00700-17 in their entirety and substitute revised pages of the same numbers, annotated Amendment No. 0004, attached hereto.

(4) Special Contract Requirements: Please delete page 00 80 00–i in its entirety and substitute revised page 00 80 00-i annotated Amendment No, 0004, attached hereto.

(See Amendment No. 0006)

(5) Section 00 80 00 – SPECIAL CLAUSES: Please delete Section 00 08 00 in its entirety and substitute revised Section 00 80 00 annotated Amendment No. 0004, attached hereto. (See Amendment No. 0006)

(6) Section 00815 – WAGE RATES: Please delete Section 00815 in its entirety and substitute revised Section 00815 annotated Amendment No. 0004, attached hereto.

(7) Please delete the Project Table of Contents in its entirety and substitute the revised Project Table of Contents pages 1 and 2, annotated Amendment No. 0004, attached hereto.

(8) Please delete the following sections in their entirety and substitute the revised sections of the same numbers, annotated Amendment No. 0004, attached hereto.

01 11 00 SUMMARY OF WORK

01 32 01 PROJECT SCHEDULE

01 32 33 CONSTRUCTION PHOTOGRAPHY

01 33 00 SUBMITTAL PROCEDURES

01 33 29 LEED DOCUMENTATION

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 35 53 EMPLOYEE IDENTIFICATION AND ABERDEEN ACCESS

REQUIREMENTS

01 50 00 TEMPORARY CONSTRUCTION (See Amendment No. 0006) 01 78 00 CLOSEOUT SUBMITTALS(See Amendment No. 0006)

03 31 00 CAST-IN-PLACE CONCRETE

04 21 13 MASONRY

07 22 00 ROOF AND DECK INSULATION

Amendment No. 0006

07 42 13 METAL WALL PANELS

08 11 13 STEEL DOORS AND FRAMES

08 11 16 ALUMINUM DOORS AND FRAMES

08 14 00 WOOD DOORS

08 33 23 OVERHEAD COILING DOORS

08 44 10 CURTAIN WALL AND GLAZED ASSEMBLIES

08 81 00 GLAZING

09 69 13 RIDGID GRID ACCESS FLOORING

13 34 19 PRE-ENGINEERED STRUCTURAL FRAMING SYSTEM

(8) Please delete the following sections in their entirety.

08 44 00 08 51 13

(9) Please insert the following new sections, annotated Amendment No. 0004 attached hereto.

00 80 40 HAZARDOUS MATERIALS INVESTIGATION FINAL REPORT

02 81 00 TRANSPORTATION AND DISPOSAL OF HAZARDOUS MATERIALS

02 82 14 ASBESTOS HAZARD CONTROL ACTIVITIES

07 22 00 ROOF AND DECK INSULATION

08 45 10 POLYCARBONATE WALL PANEL SYSTEM

09 77 00 WOOD VENEER WALL CLADDING SYSTEM

b. VOLUME 2 OF 2:

(1) Please delete the Project Table of Contents in its entirety and substitute the revised Project Table of Contents pages 1 and 2, annotated Amendment No. 0004, attached hereto.

(2) Please delete the following sections in their entirety and substitute the revised sections of the same numbers, annotated Amendment No. 0004, attached hereto.

23 08 00 COMMISSIONING OF HVAC SYSTEMS

23 09 23 BACnet DIRECT DIGITAL CONTROL SYSTEMS FOR HVAC

31 00 00 EARTHWORK

(3) Please delete the following sections in their entirety.

33 11 00 33 30 00

(4) Please insert the following new sections, annotated Amendment No. 0004, attached hereto.

32 31 00 PERIMETER FENCE AND RAILINGS

Amendment No. 0006

33 11 11 WATER MAINS

33 30 30 GRAVITY SANITARY SEWER AND HOUSE CONNECTIONS

41 22 15 JIB CRANE

c. CONTRACT DRAWINGS:

(1) Please delete the following drawings in their entirety and substitute the revised drawings of the same numbers, with the latest revision date of 04 August 2009, attached hereto:

A-102 A-104 A-112 A- 113 A-114 A-401

CD-101

CP-101

CP-201

CP-301

CP-501

CP-502

CS-101

CS-501

CU-102

E-102 E-103 E-104 E-105 E-202 E-203 E-205 E-302 E-303 E-501 E-502 E-503 E-901 E-902 E-903 E-904 E-905 E-906 E-907 E-908 E-909

Amendment No. 0006

E-910 E-911 E-912, E-913 E-916

ES-101

G-1

GC-101

GC-102

GC-103

GC-503

GC-504

M-106 M-201 M-401 M-501 M-502 M-504 M-505 M-506 M-508

TN-102

TN-104

TN-105

TN-301

TN-505

TN-506

TY-105

(2) Please insert the following new drawings dated 03 August 2009, attached hereto:

CS103

S01 S02

SB101

SB201

SB301

SB401

SB501

SB601

SB701

SB801

ES103A

ES104

ES502

ES503

Amendment No. 0006

ES504

ES505

ES506

TS102A

TS502

d. RFIs with RESPONSES: RFIs with responses, annotated Amendment No. 0004 are attached to this amendment.

e. Please indicate receipt of this amendment on Standard Form 1442(SOLICITATION, OFFER, AND AWARD) as Amendment No. 0004. Failure to acknowledge all amendments may be cause for rejection of the bid

Amendment No. 0006

Invitation for Bids

W912BU-09-B-0020

BID SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

00010-3

1. Joint SATCOM Engineering Center 1 Job LS $

2. Installation of BGE Gas Line 1 Job LS $ 50,000

TOTAL ESTIMATED BASE BID AMOUNT: $ __________

3. Option 1 – LEED Silver Certification 1 Job LS $

TOTAL ESTIMATED OPTION BID AMOUNT: $ __________

TOTAL ESTIMATED BID AMOUNT: $ __________

(Base Bid and Option 1)

NOTES:

1. Bidders must bid on all items.

2. HUBZone Small Businesses: See FAR 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS on page 00010-4. HUBZone Small Businesses that choose to waive the price preference must complete the waiver and submit it with your bid.

Amendment No. 0006

SECTION 00 80 00

SPECIAL CLAUSES

INDEX

PARA TITLE

SC-1 COMMENCEMENT,PROSECUTION AND COMPLETION OF WORK

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION

SC-3 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

SC-4 PHYSICAL DATA

SC-5 LAYOUT OF WORK

SC-6 PERFORMANCE OF WORK BY THE CONTRACTOR

SC-7 ENVIRONMENTAL LITIGATION

SC-8 AVAILABILITY AND USE OF UTILITY SERVICES

SC-9 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

SC-10 CERTIFICATES OF COMPLIANCE

SC-11 WARRANTY OF CONSTRUCTION

SC-12 PERFORMANCE EVALUATION OF CONTRACTOR

SC-13 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

SC-14 INSURANCE REQUIREMENTS

SC-15 PARTNERING

DOCUMENT 00 80 00 Page 1

SPECIAL CLAUSES

SC-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than 31 December 2010.

Notice to proceed for all work other than the disturbance of soils is scheduled to be issued on or about 01 October 2009. Notice to proceed for any work involving the disturbance of soil is scheduled to be issued on or about 30 October 2009, and is dependent on the receipt of the permits as specified in Paragraph "PERMITS" of Section 01 11 00 SUMMARY OF WORK.

The Contracting Officer has the right to exercise Option 1 within 90 calendar days after the Contractor receives the notice to proceed for the Base Bid. The contract will not be extended if Option 1 is awarded.

The time stated for completion shall include final cleanup of the premises.

(FAR 52.211-10)

SC-2 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2000 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (FAR 52.211-12)

SC-3 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG 2000)

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

c. In general--

DOCUMENT 00 80 00 Page 2

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the specifications and the contract drawings identified on the following, all of which are available in the office of the District Engineer, U.S. Army Engineer District, Philadelphia, Room 643, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107. Drawings are titled: "JOINT SATCOM ENGINEERING CENTER, ABERDEEN PROVING GROUND, HARFORD COUNTY, MD" and have the drawing numbers, subtitles, and dates as indicated on Contract Drawing Cover Sheet. (DFARS 252.236-7001)

SC-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (FAR 52.236-4)

a. Weather Conditions. The climate of the area is referred to as "continental" by climatologists, characterized by cold winters and moderately hot summers. Complete weather records and reports may be obtained from the local U.S. Weather Bureau Office nearest to the work site. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the construction period.

b. Transportation Facilities. The facility is off Interstate 95 and U.S.

Route 40 and is accessed by public transportation, motor freight and ConRail system. The Contractor shall be responsible for all investigations of load carrying capacities of bridges and roadways.

c. Magnitude of the Contract Work. The estimated value of the contract work is between $25 million and $100 million.

SC-5 LAYOUT OF WORK (APR 1984)

The Contractor shall lay out its work from the Government-established survey controls indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor. (FAR 52.236-17)

DOCUMENT 00 80 00 Page 3

SC-6 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-1)

SC-7 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

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

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

SC-8 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

a. The Government will make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

b. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. (FAR 52.236-14)

SC-9 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

a. This clause does not apply to terminations. See 52.249-5000, Basis for

DOCUMENT 00 80 00 Page 4

Settlement of Proposals, and FAR Part 49.

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by the Contractor or sub-contractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial or series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment from the Contractor's accounting records, costs for the equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule.

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

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.205(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

(EFARS 52.231-5000)

Note #1: The small purchase threshold is $100,000.

Note #2: By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. This right shall extend for two years after expiration of contract performance. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

SC-10 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in triplicate copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall 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 certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected

DOCUMENT 00 80 00 Page 5 samples, the material is found not to meet the specific requirements.

(CENAP)

SC-11 WARRANTY OF CONSTRUCTION (APR 1984)

a. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph i of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

b. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Government takes possession.

c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.

e. The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

f. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

h. In the event the Contractor's warranty under paragraph b of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

i. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable

DOCUMENT 00 80 00 Page 6 for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

j. This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)

SC-12 PERFORMANCE EVALUATION OF CONTRACTOR

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

b. The format for the evaluation will be DD 2626, and the Contractor will be rated either outstanding, above average, satisfactory, marginal, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be 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)(1). (CENAP)

SC-13 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989)

a. This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled: "Default (Fixed-Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. For the purpose of this contract, unusually severe weather is defined as daily precipitation equal to or exceeding 0.5 inches and/or maximum daily temperature not exceeding 32 degrees F.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

DOCUMENT 00 80 00 Page 7

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

4 2 1 1 2 2 2 1 1 1 1 2

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normal scheduled work. Actual adverse weather days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b.

above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled: "Default (Fixed Price Construction)". (ER 415-1-15)

SC-14 INSURANCE REQUIREMENTS

Evidence of the following insurance shall be provided to the Contracting Officer prior to commencement of work and shall be maintained throughout the period of performance:

a. General Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $500,000 per occurrence.

b. Automobile Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $200,000 per person and $500,000 per accident. Property Damage Liability - $20,000 per accident.

c. Workmen's Compensation and Employer's Liability Insurance: Compliance with applicable workmen's compensation and occupational disease statutes is required. Employer's liability coverage in the minimum amount of $100,000 is also required."

SC-15 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the contractor. Key players within this partnership may also include subcontractors, users, operators, tenants or other parties deemed appropriate by the Government and contractor. This partnership would strive to draw upon the strengths of each organization and a system of superior real time communications that will be developed by the partners in an effort to achieve a quality product, on time and within budget. This partnership would be developed bilaterally and participation will be totally voluntary. Costs associated with effectuating this partnership will be absorbed by the parties as an alternate method of normal contract administration activities with no change in contract price. Activities are expected to include one or more brainstorming sessions among potential partners pursuant to a Memorandum-Of-Understanding that will detail the bylaws of operation.

By-laws will establish, for example, an effective means of addressing clarifications or issues that may develop during the construction process, to include real time Alternate Dispute Resolution procedures to effectively address those issues that are not more readily resolved. Effective

DOCUMENT 00 80 00 Page 8

Partnering is expected to be beneficial to all parties. (CENAP)

-- End of Section --

DOCUMENT 00 80 00 Page 9

SECTION 00815

WAGE RATES

HEAVY AND BUILDING CONSTRUCTION

NOTE: The following work is considered HEAVY:

General site demolition (utilities and paving) Bldg demo (Including handling and disposal of Hazmat) Sedimentation and Erosion Control Utilities Grading, Excavation and backfill Paving and equipment pads Fencing Landscaping

New Building construction is considered BUILDING.

Section 00815 Page 1

General Decision Number: MD080042 07/24/2009 MD42

Superseded General Decision Number: MD20070042

State: Maryland

Construction Type: Building

County: Harford County in Maryland.

BUILDING CONSTRUCTION PROJECTS (Does not include single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 03/28/2008 3 05/09/2008 4 05/23/2008 5 07/11/2008 6 08/01/2008 7 12/12/2008 8 12/19/2008 9 01/02/2009 10 03/06/2009 11 04/17/2009 12 07/24/2009

ASBE0024-001 10/01/2008

Rates Fringes

Asbestos Worker/Heat and Frost Insulator Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems..........$ 29.18 14.18

ASBE0024-002 10/01/2008

Rates Fringes

HAZARDOUS MATERIAL HANDLER

Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems..........$ 17.85 6.60

ASBE0024-005 10/01/2008

Rates Fringes

Amendment No. 0006

Section 00815 Page 2

Fire Stop Technician.............$ 22.85 6.59

Includes the application of materials or devices within or around penetrations and openings in all rated wall or floor assemblies, in order to prevent the pasage of fire, smoke of other gases. The application includes all components involved in creating the rated barrier at perimeter slab edges and exterior cavities, the head of gypsum board or concrete walls, joints between rated wall or floor components, sealing of penetrating items and blank openings.

BOIL0193-001 10/01/2008

Rates Fringes

Boilermakers:....................$ 36.61 15.46

ELEV0007-002 01/01/2009

Rates Fringes

ELEVATOR MECHANIC................$ 37.17 18.285+a+b

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day.

b. VACATIONS: Employer contributes 8% of basic hourly rate for 5 years of service or more; 6% of basic hourly rate for 6 months to 5 years of service as vacation pay credit.

* ENGI0037-003 04/01/2008

Rates Fringes

Power equipment operators:

Cranes......................$ 26.09 11.10+a

* ON WORK INVOLVING THE REMOVAL OR CLEANUP OF ASBESTOS, TOXIC

WASTE OR OTHER HAZARDOUS MATERIALS, EMPLOYEES SHALL RECEIVE

$2.50 MORE THAN THE GROUP 1 WAGE RATE.

PREMIUM PAY: On long boom cranes, including jibs the operator shall receive the following additional pay:

130' to 169' - $0.40 per hour 170' to 209' - $0.60 per hour 210' to 249' - $0.80 per hour 250' to 299' - $1.00 per hour 300' and over - $1.25 per hour

CCO certified crane operators will receive $2.50 above the Group 1 rate

PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

PLUM0486-004 04/01/2008

Section 00815 Page 3

Rates Fringes

Pipefitter/steamfitter Including installation of HVAC equipment..............$ 34.195 14.21 Tool & Material Handler (Pipefitters/Steamfitters) Includes knocking out sleeves; Distribution of tools and materials;

Loading and unloading trucks; Erection and dismantling of scaffolding; General clean up; Core drilling of holes (no layout for same);

Running all errands, such as for coffee or water, pickup and delivery; Power rigging will not be allowed.$ 10.00 0.35

SFMD0669-002 04/01/2009

Rates Fringes

Sprinkler Fitters................$ 30.45 15.30

* SHEE0100-010 07/01/2009

Rates Fringes

Sheet Metal Worker (Duct Work Only)............................$ 28.45 14.39

* SUMD1993-004 09/08/1993

Rates Fringes

Bricklayer......................$ 15.88 1.00

Carpenters (Excluding Drywall Hanging and Metal Stud Installation)....................$ 13.16 2.50

Cement Finisher/Mason............$ 11.63 1.84

Drywall Finisher/Taper...........$ 12.45 .78

Drywall Hanger & Metal Stud Installer........................$ 12.50 .05

Electricians.....................$ 16.79 6.75

Glaziers.........................$ 12.28

Ironworkers, Structural..........$ 12.67 3.19

Laborers:

Asphalt Rakers..............$ 7.95 2.26 Landscape...................$ 7.25 .24

Amendment No. 0006

Section 00815 Page 4

Mason Tenders, Brick........$ 9.77 Pipelayers..................$ 9.25 .94 Unskilled...................$ 8.46 1.33

Painter (Brush and Roller), Excluding Drywall Finishing......$ 12.47

Plumbers (Excluding HVAC)........$ 13.49 1.74

Power equipment operators:

Asphalt Paver...............$ 11.25 Backhoes....................$ 13.14 2.16 Bulldozers..................$ 13.41 Loaders.....................$ 12.87 1.73 Rollers.....................$ 10.46 2.26 Scrapers....................$ 10.92 Screed......................$ 9.50 2.94

Roofers..........................$ 11.14

Sheet Metal Worker (All Other Work)............................$ 11.72 5.55

Truck drivers....................$ 9.28 1.08

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 identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Amendment No. 0006

Section 00815 Page 5

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Section 00815 Page 6

General Decision Number: MD080039 06/26/2009 MD39

Superseded General Decision Number: MD20070039

State: Maryland

Construction Type: Heavy

County: Harford County in Maryland.

HEAVY CONSTRUCTION PROJECTS (Excluding Sewer and Water Lines)

Modification Number Publication Date 0 02/08/2008 1 06/06/2008 2 12/05/2008 3 06/26/2009

* ELEC0024-002 05/31/2009

Rates Fringes

ELECTRICIAN......................$ 32.90 5.25%+12.15

PLUM0486-003 04/01/2008

Rates Fringes

Pipefitters......................$ 34.195 14.21

SUMD1993-010 01/01/1993

Rates Fringes

Carpenters.......................$ 10.75 .44

Laborers:

Pipelayers..................$ 9.46 .44 Unskilled...................$ 8.43 .44

Power equipment operators:

Backhoes....................$ 12.54 .44 Bulldozers..................$ 10.00 Loaders.....................$ 11.59 .44 Scrapers....................$ 9.00

Truck drivers....................$ 9.14 .44

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)).

Section 00815 Page 7

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Amendment No. 0006

Section 00815 Page 8

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Section 00815 Page 9

SECTION 01 50 00

TEMPORARY CONSTRUCTION/SITE MANAGEMENT

PART 1 GENERAL

1.1 SCOPE

The work covered by this section consists of providing storage areas and temporary service facilities as needed for execution and completion of the work. The appearance of construction sites at Aberdeen Proving Grounds is important to the Base Commander. A clean well kept site will ensure proper compliance with the safety and environmental requirements of this contract.

The extent of Contractor compliance with this section of the specifications will be used to evaluate the management element of the Contractor's performance rating.

1.2 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2003) Safety and Health Requirements Manual

1.3 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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Temporary Facilities Site Plan; G,COR.

The Contractor shall submit to the Contracting Officer for approval prior to the start of work its plans showing the layout and details of all temporary facilities to be used for this contract. The plan, as a minimum, shall include the alignment of the perimeter fence and location of all site trailers, required utility connection points, equipment and material storage areas, construction entrances including temporary stabilized construction entrance where required, contractor employee parking areas, safety signs, and trash dumpsters. Photographs of the site prior to the start of work, as specified in Section 01 32 33 CONSTRUCTION PHOTOGRAPHY, shall be included with the plan.

Dust Control Plan; G,COR.

The Contractor shall submit a plan for controlling dirt, debris, and dust from accumulating on roadways within 50 feet of the construction site limits. The plan, as a minimum, shall identify

SECTION 01 50 00 Page 1 the subcontractor and equipment to be used for satisfying these requirements and the measures to be used to reduce dirt and dust on the roadways such as periodically rejuvenating or replacing the construction entrance paving stone to promote cleaning of vehicle tires.

1.4 GENERAL REQUIREMENTS

1.4.1 Temporary Facilities Site Plan

The Contractor shall prepare and submit a temporary facilities site plan indicating the proposed location and dimensions of any area to be fenced and used by the Contractor, the number of trailers to be used, avenues of ingress/egress to the fenced area and details of the fence installation.

Any areas which may have to be graveled to prevent the tracking of mud shall also be identified. The Contractor shall also indicate if the use of a supplemental or other staging area is desired.

1.4.2 Employee Parking

Employee parking shall be as specified in Section 01 35 53 EMPLOYEE

IDENTIFICATION ABERDEEN ACCESS REQUIREMENTS

1.5 PERMIT

Prior to any excavation or other intrusive work, the Contractor shall obtain a permit to dig from Aberdeen Proving Ground.

1.6 PROTECTION AND MAINTENANCE OF TRAFFIC

The Contractor shall maintain and protect traffic on all affected roads during the construction period except as otherwise specifically directed by the Contracting Officer. Measures for the protection and diversion of traffic, including the provision of watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the work, and the erection and maintenance of adequate warning, danger, and direction signs, shall be as required by the State and local authorities having jurisdiction. The traveling public shall be protected from damage to person and property. The Contractor's traffic on roads selected for hauling material to and from the site shall interfere as little as possible with public traffic. The Contractor shall investigate the adequacy of existing roads and the allowable load limit on these roads. The Contractor shall be responsible for the repair of any damage to roads caused by construction operations.

1.6.1 Barricades

The Contractor shall erect and maintain temporary barricades to limit public access to hazardous areas. Such barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

SECTION 01 50 00 Page 2

PART 2 PRODUCTS

2.1 CONTRACTOR'S OFFICE AND STORAGE TRAILERS

The Contractor shall establish at the work site a project office equipped and staffed to efficiently conduct the work under this contract and provide essential information to the Contracting Officer. The Contractor shall keep at all times at its office a copy of all drawings, specifications, and other pertinent information, and shall at all times give the Contracting Officer access thereto. The Contractor's office shall be equipped with telephone facilities which shall be available for use by the Contracting Officer. Contractor's office and storage trailers shall be in new or like new condition. Each trailer shall have an emergency notification card in weatherproof holder with names/telephone information for Contractor personnel to be notified in the event of emergency situations at the trailers. Provide trailer foundation skirting of either lattice or metal panel design. Storage of materials and debris under the trailers is prohibited. The trailer shall be securely fastened to the ground with appropriate fastening devices to adequately brace the structure against hurrican force winds.

2.2 CONSTRUCTION FENCE

Construction fence shall consist of 6-foot high chain link fence in post blocks, stand-offs, or embedded posts as necessary for the particular location conditions, and shall have tan or beige screening. The screening shall block the view of the construction site, and may be of either fabric or slats. Screening fabric shall have built-in provisions to allow for air passage during windy conditions.

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

The Contractor shall construct all temporary facilities required for the work in accordance with the approved temporary facilities plan within the work limits indicated on the contract drawings.