W912DS-08-R-0015 Amendment 1.pdf

W16ROE80956131

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

The purpose of this amendment is to:

1) Provide Site Visit Information

- Date: May 27th 2008

- Time: 10:00AM (EST)

- Location: Building 4884 Jones Street, Fort Drum, NY 13602

2) Include revisions to the Specifications

3) Provide Sketchs AM-1 and AM-2.

The proposal due date remains unchanged, 16 Jun 2008 at 2:00PM EST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 39

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

16C. DATE SIGNED

BY 23-May-2008

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 W912DS-08-R-0015

X 9B. DATED (SEE ITEM 11)

15-May-2008

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 1 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)

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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-May-2008

CODE

US ENGINEER DISTRICT, NEW YORK

US ARMY CORPS OF ENG, NYD

NEW YORK NY 10278

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-08-R-0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 1

1. SITE VISIT LOCATION AND TIME:

� Date – May 27th 2008 � Time – 10:00 am � Location – Building 4884 Jones St., Fort Drum, NY � Contact – James Valianos – 917 790 6135

Cheryl Mesa – 315 772 4107

2. SPECIFICATION CHANGES:

The following Specifications have been REVISED and RE-ISSUED in their entirety:

� Section 00 72 00, FAR Clause 52.236-1 � Section 00 72 00, FAR Clause 52.236-4 � Section 00 73 00

3. DRAWING CHANGES:

The following drawings are NEW and issued in their entirety with this amendment:

� Sketch AM-1 and AM-2

NOTE: Offerors must acknowledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the following methods: In the space provided on the SF 1442, by separate letter, by telegram, or by signing block 15 below. FAILURE TO

ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT

IN REJECTION OF YOUR PROPOSAL IN ACCORDANCE WITH THE LATE PROPOSAL,

LATE MODIFICATION OF PROPOSAL, OR LATE WITHDRAWAL OF PROPOSAL (FAR

15.208).

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.236-1 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 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.

(End of clause)

52.236-4 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.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by A-E .

(b) Weather conditions

Climatological data determined from records of the U.S. Weather Bureau Station, Fort Drum, NY:

Mean Annual Temperature: 46.3 degrees F Mean Annual Precipitation: 38.5 inches

(c) Transportation facilities

(1) Railroads: Conrail serves the locality of the proposed work. Railhead is located approximately 15 miles from the project site. The Contractor shall make all arrangements at his expense for the use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of the work. The Contractor's use of sidings must be arranged so as not to interrupt or delay the operation of the Military reservation.

(2) Highways and Roads: Routes US 11 and NYS Routes 26 & 3 serve the locality of the proposed work. Roads within the military reservation proposed to be used by the Contractor, shall be subject to prior approval of the Post authorities and such roads, if used, shall be maintained throughout construction and shall be restored to as good condition as existed prior to their use.

(3) The Contractor may make use of old NYS Routes 29 and 37, but usage by other vehicles may not be interrupted without prior approval from the Contracting Officer and in compliance with paragraph 19(b).

The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its original condition. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

(d) Time Extensions For Unusually Severe Weather

(1) This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the contract clause titled DEFAULT (FIXED-PRICE CONSTRUCTION). The listing below defines the monthly-anticipated adverse weather for the contract period and is based upon NOAA or similar data for the geographic location of the project. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(2) 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.

(3) 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.

STATION LOCATION: Fort Drum, NY

MONTHLY ANTICIPATED ADVERSE WEATHER CALENDAR DAYS change for Fort Drum

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

(13) (11) (10) (10) (9) (6) (7) (6) (7) (9) (10) (15)

(4). Upon start of actual construction and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereby) weather time evaluations. Actual adverse weather days will be required on a Calendar day basis (include weekends and holidays) and compared to the monthly-anticipated adverse weather in subparagraph "a" above. For purposes of subparagraph "d" the term actual adverse weather days shall include days impacted by actual adverse weather days.

(5) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the number of actual adverse weather days anticipated in subparagraph "a" above have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. The Contracting Officer will convert any delays meeting the above requirements to Calendar days and issue a modification.

(6). The Contractor's schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

(End of clause)

NEW SECTION 00 73 00

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

2 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

3 COORDINATION PERIOD

4 LIQUIDATED DAMAGES - CONSTRUCTION

5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

6 IMPLEMENTING GUARANTEES

7 RECORD DRAWINGS

8 PHYSICAL DATA

9 AVAILABILITY AND USE OF UTILITY SERVICES

10 CONSTRUCTION PROJECT SIGNS AND BULLETIN BOARD

11 DEFAULT (FIXED-PRICE CONSTRUCTION) (TIME EXTENSIONS FOR UNUSUALLY

SEVERE WEATHER)

12 BID GUARANTEE

13 FIELD OFFICES

14 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

15 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

16 SPECIAL SCHEDULING REQUIREMENTS FOR MECHANICAL AND ELECTRICAL

SYSTEMS

17 PRECONSTRUCTION CONFERENCE

18 CONSTRUCTION COLOR BOARD SUBMITTALS

19 ROAD CLOSURES AND UTILITY OUTAGES

20 ACCESS ROUTES, CONTRACTOR AREAS AND DELIVERY AND VISITOR CONTROL

21 EXISTING PARKING

22 MAINTENANCE OF ACCESS ROADS

23 FIRE PROTECTION

24 SITE AND BUILDING SECURITY

25 UTILITY VERIFICATION

26 ARTIFACTS, PRESERVATION & PROTECTION OF HISTORICAL,

ARCHAEOLOGICAL AND CULTURAL RESOURCES:

27 CONNECTION WITH WORK OF OTHER CONTRACTS

28 WORKING CONDITIONS, WORKING HOURS AND NON-WORKING DAYS

29 CLEANING UP (CONSTRUCTION DISPOSAL, HOUSEKEEPING AND FINAL

CLEANUP)

30 DUST AND NOISE CONTROL

31 OPERATION AND MAINTENANCE MANUALS

32 COORDINATION OF TRADES

33 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

34 CONTRACTOR WARRANTY MANAGEMENT

35 PARTNERSHIP IMPLEMENTATION PLAN

36 DIGGING PERMIT

37 PEST CONTROL

38 COORDINATION MEETINGS

39 GOVERNMENT RESIDENT MANAGEMENT SYSTEM

40 DISPENSARY AND HOSPITAL FACILITIES

41 CLAIMS PROCESSING PROCEDURES

42 SCHEDULING AND DETERMINATION OF PROGRESS

43 GATE ACCESS FORMS FOR ENTERING FORT DRUM

44 QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

45 EMPLOYEE AND VEHICLE IDENTIFICATION

46 PERFORMANCE OF WORK BY THE CONTRACTOR

47 SITE CLEAN UP

48 UNSALVAGEABLE MATERIAL

49 STORMWATER POLLUTION PREVENTION PLAN, NOTICE OF INTENT AND

NOTICE OF TERMINATION

50 DEPARTMENT OF ARMY RADIATION PERMITS

51 RISK ASSESSMENT

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (ii) prosecute the work diligently, and

(iii) complete the entire work ready for use not later than 730 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

b. Location: The site of work is located at Fort Drum, New York. The site of the work is on a military reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the Contractor.

c. The Contractor shall furnish all labor, materials, equipment, and services for the following work: construction for Guthrie Medical Clinic Add/Alt as described in the solicitation package.

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

2. DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

The target amount for contract award for construction is $32,640,000 for this project. The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this amount.

3. COORDINATION PERIOD

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

4. LIQUIDATED DAMAGES-CONSTRUCTION

a. The targeted award date is 15 July 2008. The targeted Notice to Proceed (NTP) date is 30 July 2008. If a delay to the NTP date is a result of the Contractor, an extension will not be given. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1,359.00 for each day of delay.

b. If the Government terminates the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punchlist") is completed no later than 30 days from the date of transfer. In this case the contractor shall pay liquidated damages for punchlist items not completed in the daily amount of $519.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

5. INSURANCE - WORK ON A GOVERNMENT INSTALLATION

a. The Contractor shall, at it's own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance as follows:

(1) General Liability Insurance (comprehensive form of policy) Bodily Injury Liability - $500,000 per occurrence Property Damage Liability - $20,000 per accident

(2) Automobile Liability Insurance Bodily Injury Liability - $200,000 per person and $500,000 per accident Property Damage Liability - $20,000 per accident

(3) Workmen's Compensation and Employer's Liability Insurance Compliance with all applicable workmen's compensation and occupational diseases statutes is required.

Employer's liability coverage in the minimum amount of $100,000 is required.

b. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective –

(1) For such period as the laws of the State in which this contract is to be performed prescribe;

or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting

Officer, whichever period is longer.

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

6. IMPLEMENTING GUARANTEES

At any time subsequent to the acceptance by the Government of a completed installation under this contract, which installation is required to be covered by a specific guarantee or warranty under the terms of the various sections in the TECHNICAL PROVISIONS, the Installation Commander will be an additional authorized party for the purpose of implementing the provision of such guarantees or warranties in behalf of the Government.

7. RECORD DRAWINGS

a. A/E/C CADD Compliance

1 General:

1.1 All as-built drawings, model files, and sheet files to be provided under this contract shall be accomplished and developed using computer-aided design and drafting (CADD) software and procedures conforming to the following criteria.

1.2 All drawings shall be arranged and assembled into a recognizable drawing set for ready reference and so that they present complete information. Drawings shall be complete. Detail the drawings such that conformance with the performance specifications can be checked and to the extent that shop drawings can be checked. Unnecessary duplicate views, notes and lettering, repetition of details, etc. shall not be permitted. Show only those standard details that are applicable to the project. Minimize unnecessary wasted space. Do not include details of standard products or items on the drawings which are adequately covered by specifications. The as-built drawing set delivered shall incorporate all facets of this project, both the design provided to the Contractor by the government and any shop drawing designs developed by the contractor.

1.3 Full-sized drawing sheet files shall be drawn to fit on ANSI D-sized (22 in X 34 in) paper, inclusive of the drawing border. The Contractor shall use the Government-provided standard New York District U.S. Army Corps of Engineers border sheets on all sheet files. All drawings submittals shall include in index of drawings on the Government-provided standard New York District U.S. Army Corps of Engineers cover sheet.

1.4 All CADD drawings, model files and sheet files shall be prepared in accordance with the

Department of Defense Architectural/Engineering/Construction (A/E/C) Computer-Aided Design and Drafting (CADD) Standard, Release 3.0 available at:

https://cadbim.usace.army.mil/

1.5 Standard drawing size shall be ANSI-D. CADD drawings shall be prepared using soft-metric units.

1.6 All CADD data shall be supplied in Bentley Systems, three-dimensional, MicroStation V8, native electronic digital format (i.e., .dgn, .cel, etc.). The contractor shall ensure that all digital files and data (e.g., model files, sheet files, reference files, cell libraries) are compatible with the Government's target CADD system (i.e., basic and advanced CADD software, platform, database software), and adhere to the standards and requirements specified herein. The term “compatible” means that data can be accessed directly by the target CADD system without translation, preprocessing, or postprocessing of the electronic digital data files. It is the responsibility of the contractor to ensure this level of compatibility.

1.7 All model files and sheet files shall include the following project code at the beginning of their A/E/C CADD Standard file-name: DRUMGUTHRIE63864.

1.8 The Contractor shall submit a written request for approval of any deviations from the

Government's established A/E/C CADD standard. No deviations from the Government's established A/E/C CADD standard will be permitted unless prior written approval of such deviation has been received from the Government.

2 DELIVERY MEDIA AND FORMAT

2.1 All CADD data and files developed under this contract shall be delivered to the Government on electronic digital media. The electronic digital data and files shall be provided on CD-ROM (compact disc, read only memory). Each CD-ROM shall be delivered to the Government in a separate container, commonly referred to as a “jewel box.” The electronic digital media shall be in a format that can be read and processed by the Government's target CADD system.

2.2 Model files, sheet files, and other associated files shall not be device-dependent, nor shall the directory structure of the CD-ROM require any reconfiguration or other manipulation on the Government’s part to view, print, and plot the files directly from the CD-ROM. The directory structure of the CD-ROM shall be configured such that a complete download of the CD-ROM’s contents to an electronic folder on a Government computer’s hard drive will not require any reconfiguration or other manipulation on the Government’s part to view, print, and plot the files.

2.3 A portable document format (.pdf) file containing the set of full-sized plotted Sheet Files shall be included on each CD-ROM.

2.4 Each CD-ROM shall be labeled with a printed label and each printed CD-ROM label shall contain, as a minimum, the following information:

(1) The Project’s Name, Contract Number, date, and version and/or submission number.

(2) The format and version of operating system software.

(3) The name of the preparer’s firm and the name and phone number of the preparer’s Point-of-

Contact for the project.

(4) The name and office symbol of the Government’s Point-of-Contact for the project.

(5) The sequence number of the digital media.

(6) A description of the contents of the CD-ROM (e.g., “Architectural Plans,” etc.).

2.5 An .html file named README_DRUMCACTF50364.html containing the CD-ROM’s labeling information indicated above as well as any other information as required shall be included on each CD-ROM.

2.6 The jewel box label for each CD-ROM shall be printed and each printed jewel box label shall contain, as a minimum, the following information:

(1) The Project’s Name, Contract Number (and Delivery Order Number if applicable), date, and version and/or submission number.

(2) The name of the preparer’s firm and the name and phone number of the preparer’s Point-of-

Contact for the project.

(3) The name and office symbol of the Government’s Point-of-Contact for the project.

(4) The sequence number of the digital media.

(5) A description of the contents of the CD-ROM (e.g., “Architectural Plans,” etc.).

(6) A tabular listing of all files on the CD-ROM.

(7) A chart clearly showing the directory structure of the CD-ROM.

(8) For multiple-CD-ROM packages, a tabular listing of all files in the package with clear indication of the total number of CD-ROMs in the package, and a listing of the contents of, as per item

(5) above, of each of the CD-ROMs.

(9) A complete listing of the project’s version and/or submission history.

3 DRAWING DEVELOPMENT DOCUMENTATION

3.1 The following information for each model file shall be included in the nonplot level, *-

ANNO-NPLT:

(1) How the data were input (e.g., keyed in, downloaded from a survey total station instrument

(include name and model)).

(2) Brief drawing development history (e.g., date started, modification date(s) with brief description of item(s) modified, author's name).

(3) The names of the reference files, cells, symbols, details, tables, and schedule files required for the finished drawing.

(4) Level assignments and lock settings.

(5) Text fonts, line styles used, and pen settings.

4 HARD COPY TRANSMITTALS

4.1 A transmittal letter shall accompany each electronic digital media submittal to the

Government. The transmittal letter shall be dated and signed by the appropriate Contractor's representative. The transmittal letter shall be provided to the Government on 8-1/2-inch by 11-inch paper. An electronic copy of the transmittal letter in .pdf format shall also be provided on the electronic digital media submitted to the Government. The transmittal letter shall contain, as a minimum, the following information:

(1) The information included on the external label of each CD-ROM, along with the total number being delivered, and a list of the names and descriptions of the files on each media unit.

(2) Brief instructions for transferring the files from the media.

(3) Certification that all delivery media are free of known computer viruses. A statement including the name(s) and release date(s) of the virus-scanning software used to analyze the delivery media, the date the virus scan was performed, and the operator's name shall also be included with the certification. The release or version date of the virus-scanning software shall be the current version which has detected the latest known viruses at the time of delivery of the digital media.

(4) A statement indicating that the Contractor will retain a copy of all delivered electronic digital media (with all files included) for at least one year and, during this period of time, will provide up to five additional copies of each to the Government, if requested, at no additional cost.

4.2 In addition, the Contractor shall provide the following “Plot File Development and Project

Documentation Information” as an enclosure or attachment to the transmittal letter provided with each electronic digital media submittal. The “Plot file Development and Project Documentation Information” shall be provided to the Government on 8-1/2-inch by 11-inch paper. An electronic copy of this information in .pdf format shall also be provided on the electronic digital media submitted to the Government:

(1) Documentation of the plot file for each drawing which will be needed to be able to duplicate the creation of the plot file by the Government at a later date. This documentation shall include the plotter configuration (e.g., name and model of plotter), pen settings, drawing orientation, drawing size, and any other special instructions.

(2) Instructions concerning how to generate plotted, or hard copy, drawings from the provided plot files.

(3) List of any deviations from the Government's standard level scheme and file-naming conventions and a copy of the Government’s signed and dated approval letter allowing these exact deviations from the A/E/C CADD Standards.

(4) List of all new symbol cells created for the project, which were not provided to the Contractor with the Government-furnished materials.

(5) List of all new figures, symbols, tables, schedules, details, and other cells created for the project, which were not provided to the Contractor with the Government-furnished materials, and any associated properties.

(6) List of all database files associated with each drawing, as well as a description and documentation of the database format and schema design.

(7) Recommended modifications which will be necessary to make the data available for GIS use.

4.3 The Contractor shall also provide five (5) full-size and ten (10) half-size paper hard copies of each finished drawing with each electronic digital media submittal to the Government.

5 OWNERSHIP

5.1 The Government, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the Government and documentation thereof, reports, and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright. Unlimited rights under this contract are rights to use, duplicate, or disclose text, data, drawings, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to or approval from the Contractor. The Government will at all reasonable times have the right to inspect the work and will have access to and the right to make copies of the above-mentioned items. All text, electronic digital files, data, and other products generated under this contract shall become the property of the Government. By reference, the following DFAR clauses are included in this contract as a part of the requirements herein:

(1) DFAR 252.227-7013, “Rights in Technical Data - Noncommercial Items.”

(2) DFAR 252.227-7017, “Identification and Assertion of Use, Release, or Disclosure

Restrictions.”

(3) DFAR 252.227-7020, “Rights in Special Works.”

(4) DFAR 252.227-7028, “Technical Data or Computer Software Previously Delivered to the

Government.”

(5) DFAR 252.227-7037, “Validation of Restrictive Markings on Technical Data.”

(6) DFAR 252.227-7025, “Limitations on the Use or Disclosure of Government-Furnished

Information Marked with Restrictive Legends.”

(7) DFAR 252.227-7014, “Rights in Noncommercial Computer Software and Noncommercial

Computer Software Documentation.”

6 GOVERNMENT-FURNISHED MATERIALS

(1) Electronic (.pdf) copy of latest version of A/E/C CADD Standard.

(2) Model files containing the Government's standard border sheets.

(3) CADD files of design.

b. Progress As-built Prints: During construction the Contractor is responsible for maintaining one set of up to date paper prints to show as-built construction conditions. These prints shall be kept current and available on the job site at all times. All changes from the contract drawings that are made in the work or additional information, which might be uncovered in the course of construction, shall be accordingly recorded as they occur by means of details and notes. The Contracting Officer's Representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate will jointly inspect the as-built prints for accuracy and completeness. Progress as-builts shall show at a minimum the following information:

(1) The location and description of any utility lines, valves, or other installations of any kind within the construction area. The location includes dimensions to permanent features within +/- .75 in vertical and +/- 1.5 in horizontal of actual dimensions.

(2) The location and dimensions of any changes with the building and structure.

(3) Correct grade or alignment of roads, structures or utilities if any changes were made from the contract plans.

(4) Correct elevations if changes were made in site grading.

(5) Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including but not limited to fabricated, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.

(6) The topography and grades of all drainage installed or affected as part of the project construction.

(7) All changes, which result from contract modifications.

(8) Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built prints.

(9) All amendments to the contract drawings issued during the solicitation period shall be posted on the as-built drawings.

c. Protection of Records: The Contractor shall be responsible for the protection and safety of prints and CAD records until returned to the Contracting Officer. Any drawings damaged or lost by the Contractor shall be satisfactorily replaced by the Contractor at his expense.

d. As-Built Updates: At the 25%, 50%, and 75% completion point in construction of this project as determined by progress payments) the Contractor shall update the CAD files of the project drawings in the appropriate CAD program to show as-built conditions and submit two (2) sets of CAD prints to the Contracting Officer for approval. The submission shall only include drawings that have incurred changes.

The intent of the submission is to demonstrate construction changes as marked on the progress as-built drawings, are being made in the CAD files at regular intervals. The Contractor shall make any required corrections before payment will be approved for this item.

e. Preliminary Record Drawing Submittal: At least 30 calendar days before the anticipated date of final acceptance inspection the Contractor shall deliver 2 copies of progress prints showing final as-built conditions to the Contracting Officer for review and approval. These prints shall correctly show all the features of the project as it has been constructed, adding such additional drawings as may be necessary. Drawings shall be printed from the CAD files updated in the appropriate CAD program.

Within 10 days, the Government will provide the Contractor one set of prints indicating required corrections to the preliminary submittal. The Contractor shall correct and resubmit within 5 days. Any required subsequent review and resubmission periods shall each be accomplished within 5 days. Upon Government approval of the preliminary submittal, the Contractor shall prepare final record drawings.

Failure to make an acceptable submission of Record Drawings will delay the Final Acceptance Inspection for the project and will be cause for withholding any payment due the Contractor under this contract.

i. Shop Drawings: Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted.

j. Provide a GPS survey of all roadways, buildings (corners), structures, utilities (direct buried or in conduit), to include laterals and branches from point of origin up to facility tie-ins, storm drains, outlet points, manholes, culverts, sewer lines, domestic water lines, fire lines, gas lines, communication lines, electrical lines, controls, valves, light and power poles, fences, inverts, underground tanks, metering points, roads (centerline, edge of pavement), parking lots (edge of pavement), all control points provided or referenced by the government, shall be identified on as-built drawings and shall be GPS surveyed to a level of +/- 5 cm accuracy. All of the aforementioned utility lines shall be surveyed at a minimum of two points along every straight run, at every change of direction, at every tie in point, at every change in elevation greater than ¼ meter and at any change in line size.

The GPS survey shall be verified for accuracy by the surveyor and a statement be provided to the government stating the level of accuracy for the data being reported. The minimum level of accuracy shall be +/- .75 in vertical and +/- 1.5 in horizontal.

The survey shall be tied into the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAD88). Project survey will be tied into AME 9 English coordinates (N

1,473,967.89556, E 1,044,516.84075 ELEV 672.57).

In addition to the accuracy statement, the following information should be provided to the data compiler:

* Coordinate system & Datum used:

* Projection:

* Units.

* Attribute Description (GPS data dictionary; features, attributes and attribute values)

* Source - Receiver type, antenna type, receiver settings, number of positions per point feature, Correction method and any field other relevant field procedures utilized.

GPS survey shall be included as part of the as-built drawings

8. PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station, Fort Drum, NY:

Mean Annual Temperature: 46.3 degrees F Mean Annual Precipitation: 38.5 inches

See also paragraph 00 73 00.11, DEFAULT (FIXED-PRICE CONSTRUCTION) (TIM

EXTENSIONS FOR UNUSUALLY SEVERE WEATHER).

b. Transportation Facilities:

(1) Railroads: Conrail serves the locality of the proposed work. Railhead is located approximately 15 miles from the project site. The Contractor shall make all arrangements at his expense for the use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of the work. The Contractor's use of sidings must be arranged so as not to interrupt or delay the operation of the Military reservation.

(2) Highways and Roads: Routes US 11 and NYS Routes 26 & 3 serve the locality of the proposed work. Roads within the military reservation proposed to be used by the Contractor, shall be subject to prior approval of the Post authorities and such roads, if used, shall be maintained throughout construction and shall be restored to as good condition as existed prior to their use.

The Contractor may make use of old NYS Routes 29 and 37, but usage by other vehicles may not be interrupted without prior approval from the Contracting Officer and in compliance with paragraph 19(b).

The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its original condition. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

9. AVAILABILITY AND USE OF UTILITY SERVICES

a. The Government shall make all reasonable amounts of utilities, except for electric for temporary heat, available to the Contractor from existing outlets and supplies, as specified below.

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 temporary connections, distribution lines, meters and associated paraphernalia.

c. Temporary Heating:

(1) The Contractor shall be responsible to provide heat and maintain building temperature at 55 degrees F, 24 hours a day for areas of work, for the duration of the contract. Electric heat shall require Contracting Officer approval. Open flame heaters are prohibited.

d. The prevailing rates charged to the Contractor will be in accordance with Rate B. Current rates are as below:

Gas: $1.4706/THERM Electric: $0.1045/KWH Water: $4.2299/1000 GAL Sewer: $5.6299/1000gal

The prevailing rates charged to the contractor will be in accordance with Rate B.

e. The government shall make all reasonable amounts of utilities available to the contractor from existing outlets and supplies. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for 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.

f. 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, water line backflow prevention devices (RPZ type) and all meters required to measure the amount of each utility used for the purpose of determining charges. Certified test reports for the water line back flow prevention device shall be on file with the Fort Drum DPW prior to use. Before final acceptance of the work by the government, the contractor shall remove all temporary connections, distribution lines, meters and associated paraphernalia.

g. All costs associated with the above rates are the Contractor's responsibility and shall be included in the Base Bid price.

10. CONSTRUCTION PROJECT SIGNS AND BULLENTIN BOARD

a. The Contractor shall construct two project signs for each work site; one for project identification and the other to show on-the-job safety performance.

b. Sample sign drawings together with mounting and fabrication details are provided at the end of this section. The signs shall be erected as soon as possible and within 15 calendar days after the date of Notice to Proceed.

c. The two signs are to be displayed side by side and mounted for reading by passing viewers.

The exact placement location will be as designated by the Contracting Officer.

d. Panels are to be fabricated using HDO (High Density Overlay) plywood with dimensional lumber uprights and bracing. The sign faces shall be non-reflective vinyl.

e. All legends are to be die-cut or computer cut in the sizes and typefaces specified and applied to the white panel background following the graphic formats shown on the attached sheets. The Communications Red panel on the left side of the construction project sign with the Corps signature (reverse version) shall be screen printed onto the white background.

f. Immediately upon beginning of work, the Contractor shall provide a weatherproof glass-covered bulletin board not less than 915 by 120 mm in size for displaying the Equal Opportunity Employment poster, a copy of the wage decision contained in the contract, Wage Rate Information poster, and other information approved by the Contracting Officer. The bulletin board shall be located at the project site in a conspicuous place easily accessible to all employees, as approved by the Contracting Officer. Legible copies of the above information shall be displayed until work is completed.

g. No separate payment will be made for erecting and maintaining the project signs or bulletin boards, and all costs in connection therewith will be considered the obligation of the Contractor. Upon completion of the project, the Contractor shall remove the signs and bulletin board from the work site.

11. DEFAULT (FIXED-PRICE CONSTRUCTION) (TIME EXTENSIONS FOR

UNUSUALLY SEVERE WEATHER)

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the contract clause titled DEFAULT (FIXED-PRICE CONSTRUCTION). The listing below defines the monthly-anticipated adverse weather for the contract period and is based upon NOAA or similar data for the geographic location of the project. 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.

STATION LOCATION: Fort Drum, NY

MONTHLY ANTICIPATED ADVERSE WEATHER CALENDAR DAYS change for Fort Drum

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

(13) (11) (10) (10) (9) (6) (7) (6) (7) (9) (10) (15)

b. Upon start of actual construction and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereby) weather time evaluations. Actual adverse weather days will be required on a Calendar day basis (include weekends and holidays) and compared to the monthly-anticipated adverse weather in subparagraph "a" above. For purposes of subparagraph "d" the term actual adverse weather days shall include days impacted by actual adverse weather days.

c. The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the number of actual adverse weather days anticipated in subparagraph "a" above have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. The Contracting

Officer will convert any delays meeting the above requirements to Calendar days and issue a modification in accordance with the clause titled DEFAULT (FIXED-PRICE CONSTRUCTION).

d. The Contractor's schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

12. BID GUARANTEE

See contract clause entitled BID GUARANTEE in Section 00 72 00 CONTRACT CLAUSES.

13. FIELD OFFICE

(a) The Contractor shall furnish at the job site, prior to the start of work, a 800 square feet (SF) field office for the use by Government representatives for the duration of the contract. Field office and contents remain the property of the contractor. The exact location will be designated by the Contracting Officer. Each building shall be well constructed and properly ventilated and shall contain a closet and door and windows which shall be capable of being locked, five (5) new ergonomically-designed chairs, two (2) plan racks and drawing boards, five (5) desks, five (5) two-drawer filing cabinets, and a conference table approximately 5 feet by 6 feet with 6 chairs.

The Contractor shall also provide adequate electric lighting, for each building: minimum 6 duplex electrical receptacles, drinking water, heat, plumbed functional toilet facilities, air conditioning, janitorial services and maintenance services. In addition the contractor shall make arrangements and pay connection and monthly service /usage fees for electrical, 2 line telephone service (phone), and five (5) DSL computer connections. The DSL connection speed must at a minimum be 2 Mbps (megabits per second). The field office shall be removed from the project site when and as directed by the Contracting Officer. In addition to the above, the Contractor shall provide the following office equipment, and other items for use by the Government during the contract, the contractor shall retain these items after contract completion:

Telephone: Five (5) - 2-Line phones compatible with phone service.

Telephone Answering Machine: Standard, compatible with standard telephone line and local service.

8 cubic foot refrigerator and 1000 watt microwave

(b) CONFERENCE ROOM The Contractor shall furnish at the job site, prior to the start of work, a minimum of 20’ x 40’ conference room for the use by Government representatives for the duration of the contract.

Conference room and contents remain the property of the contractor. The exact location will be designated by the Contracting Officer. The building shall be well constructed and properly ventilated and shall contain a closet, door and windows which shall be capable of being locked, thirty (30) new ergonomically-designed chairs, eight (8) conference tables 30” x 72”, one (1) projector screen, one (1) projector, data and power for future installation of a VTC system, and two (2) white boards minimum 5’ x 6’. The Contractor shall also provide adequate electric lighting, for each building: minimum ten (10) duplex electrical receptacles, drinking water, heat, plumbed functional toilet facilities, air conditioning, janitorial services and maintenance services.

In addition the contractor shall make arrangements and pay connection and monthly service /usage fees for electrical, three (3) 2 line telephone service (phone) and a FAX, and ten (10) DSL computer connections. The DSL connection speed must at a minimum be 2 Mbps (megabits per second). The conference room shall be removed from the project site when and as directed by the Contracting Officer.

(c) No separate payment will be made for providing the above items and all costs in connection therewith will be considered the obligation of the Contractor.

14. PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

In addition to the requirements contained in contract clause titled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, and PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS the following will apply to all payments made under this contract:

a. At the time of submission of the project schedule, the Contractor shall submit for approval by the Contracting Officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer or his representative to effect reasonable progress payments. The Contracting Officer or his representative will review this breakdown within 30 calendar days after receipt and either advise the Contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved will any payment invoice be accepted from the Contractor.