W912DS-09-R-0016 Turrets Specifications.pdf

G&W SYSTEMS LABORATORY ISSUE FOR BID

PICATINNY ARSENAL, NJ JULY 2, 2009

SECTION 00 31 24

ENVIRONMENTAL ASSESSMENT INFORMATION

06/09

PART 1 GENERAL

1.1 DATA ENCLOSED

Attached to these Specifications is "Environmental Sampling Summary Report" prepared by Apex Companies, LLC, April 14, 2009, and is provided for Information Only to the Bidders.

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DOCUMENT 00 31 24 Page 1

SECTION 00 31 32

GEOTECHNICAL DATA

06/09

PART 1 GENERAL

1.1 DATA ENCLOSED

Attached to these Specifications is document "Geotechnical Engineering Services for Picatinny Arsenal Buildings 3352 and 3353, Morris County, New Jersey", dated April 30, 2009 added for Information to Bidders. This report was prepared for Apex Companies, LLC (Malvern, PA) by Pennoni Associates, Inc. (Bethlehem, PA)

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DOCUMENT 00 31 32 Page 1

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

07/08

PART 1 GENERAL

1.1 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 ______________ calendar days after the date the Contractor receives the notice to proceed, except in case the Contracting Officer determines that seeding is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting period following the contract completion date. This action will not operate to extend the performance time for the balance of the work. The time stated for completion shall include final cleanup of the premises.

b. Location: The site of work is located at Picatinny Arsenal, New Jersey.

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 (except those furnished by the Government) for the following work: None.

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.

e. Magnitude of Construction Project: The estimated value of the proposed work is between $10 million and $15 million.

f. Contract requirements may be specified, in part or in whole, within the Solicitation package, referenced Codes and other publications. Restating of a requirement (in part or whole) does not relieve the Contractor of full compliance with all parts of the Solicitation package, referenced Codes and other publications, as well as, all parts of requirements, below. The contractor shall comply with the mandatory and advisory criteria of all contract-referenced Codes and publications except, when inter-related and/or conflicted requirements are encountered, the more stringent contract requirements shall govern. All contract requirements shall be implemented, and adhered to, by the Contractor and at the Contractor's expense. Unless specifically stated otherwise, all items and work required to complete the contract shall be provided and performed by the contractor.

g. The Contractor may only work at the project site(s) on weekdays between 7:00 AM and 5:00 PM. No work shall be performed on weekends, Federal Holidays, Picatinny Armed Forces Day, the day after Thanksgiving, and the days between Christmas Day and New Year's Day. Exceptions: Disconnections

DOCUMENT 00 80 00.00 18 Page 1 and shutdowns of existing utilities for tie-ins, and/or demolition, and/or other work requiring disconnection of existing utilities (e.g. such as work that presents a hazard to existing utilities). All work associated with such disconnections, shall be accomplished on a Saturday, and must be completed the same day the work is started. See "Utility Service Interruptions and Shutdowns" paragraph within this Section.

1.2 LIQUIDATED DAMAGES - CONSTRUCTION

a. 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 $ _______ 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.

d. 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 $ _________ per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.3 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled "Subcontracts", the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.4 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

a. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(1) General Liability Insurance (Comprehensive form of policy):

Bodily Injury Liability - $500,000 per occurrence.

(2) 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.

(3) 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

DOCUMENT 00 80 00.00 18 Page 2 also required.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substances of this clause, including this paragraph c., in all subcontracts hereunder.

1.5 PERFORMANCE OF WORK BY THE CONTRACTOR

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 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.

1.6 CERTIFICATES OF COMPLIANCE

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

Each certificates shall be signed by an official authorized to certify in 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 certification apply. Copies of laboratory tests 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 satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.7 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 under the terms of the various sections in the TECHNICAL PROVISIONS, the Base Commander will be an authorized party for the purpose of implementing the provisions of such guarantees in behalf of the Government.

1.8 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Section 00700 CONTRACT

CLAUSES.

1.9 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

See contract clause entitled CONTRACT DRAWINGS, MAPS AND SPEJCIFICATIONS in Section 00700 CONTRACT CLAUSES.

DOCUMENT 00 80 00.00 18 Page 3

Drawing No. Drawing Title Date of Issue Table Text

1.10 RECORD DRAWINGS

a. General: The Contractor will maintain as-built drawings during the construction period and will submit final record drawings at the completion of individual facilities. The Government will provide to the Contractor the CAD (Computer-Aided Drafting) files consisting of compact (computer) disks or magnetic media of the drawing files in the appropriate CAD format (i.e. "Microstation", "Autocad", etc.) for the project. The Contractor is required to make prints or mylars from the CAD files and continuously maintain drawings to show current as-built conditions for the duration of the construction. Except for updates as indicated below, the Contractor may maintain as-built drawings by marking up drawings by hand or by CAD methods. Scanned drawings will not be acceptable. If the Government cannot provide CAD files for the project drawings, mylar (reproducible) drawings will be provided. The Contractor will be provided Microstation V8 on CD ROM. The Contractor shall provide the Government updated CAD record (as-built) drawings in Microstation (or if AutoCAD is used it shall be in a CAD Universal format that will allow conversion to Microstation) in addition to the other deliverables contained herein (See paragraph g).

b. Progress As-built Prints: During construction the Contractor is responsible for maintaining up to date one set of 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 plans which are made in the work or additional information which might be uncovered in the course of construction shall be accordingly and neatly recorded as they occur by means of details and notes. The as-built prints will be jointly inspected for accuracy and completeness by the Contracting Officer's Representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate. Partial payment will be withheld (amount to be determined) if the monthly review of as-built drawings reveals inaccuracies or incompleteness of as-built conditions.

Progress as-builts shall show the following information, but not limited thereto:

(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. Average depth below surface shall also be indicated. The location of all underground utility lines, valve boxes or other items shall be located using a minimum of two tie-point dimensions. All dimensions must be taken from permanent structures or points that will remain after the construction work is completed.

(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, DOCUMENT 00 80 00.00 18 Page 4 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) Systems designed or enhanced by the Contractor, such as HVAC controls, fire alarm, fire sprinkler and irrigation systems.

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

c. Hand Drafting: If mylars only are provided to the Contractor, they shall be updated using hand drafting. Only personnel proficient in the preparation of engineering drawings to standards satisfactory and acceptable to the Government shall be employed to modify the mylar reproduction drawings or prepare additional new drawings. All additions and corrections to the contract drawings shall be neat, clean and legible, and shall match the adjacent line work and/or lettering being annotated in type, density, size and style. All drafting work shall be done using the same medium (pencil, plastic lead or ink) that was employed on the original contract drawings and with graphic lead on paper base material. The title block to be used for any new as-built drawings shall be similar to that used on the original contract drawings.

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

e. 50 percent As-Built Update: At the 50 percent point in construction of this project (as determined by progress payments) the Contractor will update the CAD files of the project drawings in the appropriate CAD program to show as-built conditions as above, and submit an updated computer disk and two sets of prints to the Contracting Officer for approval. If mylars only are provided to the Contractor, they shall be updated at this stage using hand-drafting as specified herein, and the Contractor shall submit two sets of prints to the Contracting Officer for approval. Any required corrections will be made by the Contractor before payment will be approved for this item. The Contractor must use the updated CAD record or mylar drawings to produce required prints.

f. Preliminary Record Drawing Submittal: At least thirty calendar (30) days before the anticipated date of final acceptance inspection the Contractor shall deliver two 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.

They shall be printed from the CAD files updated in the appropriate CAD program, or from updated mylars if mylars only were provided to the Contractor. Within ten days, the Government will provide the Contractor one set of prints indicating required corrections to the preliminary submittal. Contractor will correct and resubmit within 5 days. Any

DOCUMENT 00 80 00.00 18 Page 5 required subsequent review and resubmission periods will each be accomplished within 5 days. Upon Government approval of the preliminary submittal, the Contractor will prepare final record drawings.

g. Record Drawing Submission: In the appropriate CAD program each drawing shall be marked with the words "RECORD DRAWING AS-BUILT" followed by the name of the Contractor in font which will print at least 3/16" high. All revisions to the original contract drawings will be dated in the revision block. The submittal shall consist of the completed record drawings on CD ROM, one reproducible mylar, two blue line prints of these drawings, and the annotated construction record set from which the as-built files where prepared and the return of the approved marked-up as-built prints.All prints and mylars must be reproduced from the updated CAD files. If mylars only were provided to the Contractor, they shall be hand-lettered or stamped as indicated above, and revisions shown in revision block. A minimum of 5 calendar days before the anticipated date of final acceptance inspection of the project the Contractor shall deliver to the Contracting Officer.

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

h.Property: All paper prints, reproducible drawings and CAD files will become property of the Government upon final approval. Approval and acceptance of the final record drawings shall be accomplished before final payment is made to the Contractor.

i.Payment: No separate payment will be made for the as-built and record drawings or updating of CAD files required under this contract, and all costs in connection therewith shall be considered a subsidiary obligation of the Contractor.

1.11 DESIGNATION OF PROPERTY ADMINISTRATOR

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

1.12 PHYSICAL DATA

Information and data furnished or referred to below is furnished for the Contractor's information. However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn therefrom by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station, Mean Annual Temperature:

Mean Annual Precipitation:

See also paragraph entitled TIME EXTENSIONS FOR UNUSUALLY SEVER WEATHER.

b. Transportation Facilities:

(1) Railroads: Conrail serves the locality of the proposed work.

The Contractor shall make all arrangements at his expense for the use of sidings

DOCUMENT 00 80 00.00 18 Page 6 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: 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 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.

1.13 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be in accordance with Part 31 of the Federal Acquisition Regulation and DFARS 252.215-7000 (Dec. 1991) as follows: In determining whether a pricing adjustment is expected to exceed $100,000, the term "pricing adjustment" shall mean "the aggregate increases and /or decreases in cost plus applicable profits."

1.14 PAYMENT FOR MATERIALS DELIVERED OFF-SITE

14. Pursuant to the Contract Clause in this contract titled: Payment Under Fixed-Price Construction Contracts", materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the Contract Clauses are fulfilled. Payment for items delivered to locations other than the work site will be limited to those materials which have been approved, if required by the technical provisions; those materials which have been fabricated to the point where they are identifiable to an item of work required under this contract.

Such payment will be made only after receipt of paid or receipted invoices or invoices with cancelled check showing title to the items in the prime contractor and including the value of materials and labor incorporated into the item.

1.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

a. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractors at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8 (Vol. 1) and Errata 1.

*"Construction Equipment Ownership and Operating Expense Schedule," Region 1. 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

DOCUMENT 00 80 00.00 18 Page 7 rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiation shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

(*"This manual and Errata can be downloaded and printed from http://www.usace.army.mil/publications/eng-pamphlets or can be ordered from the Government Printing office by calling telephone number

(202) 783-3238. There is a charge for the manual).

b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable.

c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." 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. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

1.16 ALTERATIONS IN CONTRACT

Portions of this contract are altered as follows:

Add the following sentence to paragraph "g" of basic contract clause, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION:

"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."

1.17 AVAILABILITY AND USE OF UTILITY SERVICES AND PERMITS

a. The Government shall make all reasonable amounts of utilities available to the Contractor without charge from existing outlets and supplies available to the Government on military installations. Otherwise the contractor shall make arrangements with local utility companies for connection, metering and payment for utilities at its expense. The Contractor shall carefully conserve any utilities furnished without charge. If the use of utilities is abused the Contractor will be required to meter and pay for utilities.

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 where required. The Contractor shall furnish to the Contracting Officer Representative a complete system layout drawing showing type of

DOCUMENT 00 80 00.00 18 Page 8 materials to be used and method of installation for all temporary electrical systems. Telephone service is the responsibility of the Contractor. The Contractor shall maintain all temporary lines in a workmanlike manner satisfactory to the Contracting Officer Representative. Before final acceptance of the work by the Government, the Contractor shall remove all temporary connections, distribution lines, meters and associated paraphernalia.

c. Utility Service Interruptions. The Contractor shall submit written notification not less than 15 calendar days in advance of each interruption of each utility and communication service to or within existing buildings and facilities being used by others. No single outage will exceed 4 hours unless approved in writing. The time and duration of all outages will be coordinated with the Using Agency by the Contracting Officer Representative. All outages or interruptions shall be scheduled during weekends, unless specifically approved by the Contracting Officers Representative.

d. Digging Permits and Road Closings. No excavation whether minor or major including trenching, sidewalk replacement, etc. will be permitted without an approved digging permit. No road closure will be permitted without an approved permit. The Contractor shall allow 14 calendar days from date of written application to receive permission to dig and to close roads. Contractor will ascertain the name of the individual to submit the application from Government representative. Contractor shall carefully avoid contact or damage with any known or identified underground utilities. Roads shall only be closed one lane at a time, and vehicular traffic shall be allowed to pass through the construction area. Work on or near roadways shall be flagged in accordance with the safety requirements in Safety and Health Requirements Manual EM 385-1-1, which forms a part of these specifications. Work located along the alert force route shall not cause blockage, and the Contractor shall maintain unobstructed access for alert force traffic at all times. Contractor shall apply for renewal of work permits as required if the work continues beyond the original permit expiration date.

e. Metal Burning and Welding and Access to Confined Spaces. Permits for such work shall be obtained in advance as required by the operator of the facility. Contractor shall coordinate through Government Representative for such permits.

The Contractor is advised that compressed air, Picatinny sanitary facilities (lavatories, rest rooms, sanitary sewers, etc.), and steam shall not be available for the Contractor's use, regardless of proximity to the project. The Contractor shall supply at his expense, utilities, as required.

Telephone line availability: The Contractor shall coordinate temporary phone services with the local utility and the Picatinny Communications Department.

1.18 SALVAGE MATERIALS AND EQUIPMENT

The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment and

DOCUMENT 00 80 00.00 18 Page 9 shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of his negligence, or while in his care.

NOT USED.

1.19 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

a . The Government will furnish to the Contractor the property identified in the Schedule to be incorporated or installed into the work or used in performing the contract. The listed property will be furnished f.o.b.

railroad cars at the place specified in the contract Schedule or f.o.b.

truck at the project site. The Contractor is required to accept delivery, pay any demurrage or detention charges, and unload and transport the property to the job site at its own expense. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this contract.

b. Each item of property to be furnished under this clause shall be identified in the Schedule by quantity, item and description.

c. Table of Property:

Item No. Description Quantity

NONE

1.20 CONSTRUCTION PROJECT SIGNS

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

a. 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. The project sign requirements, which are comprised of 3 pages, are located at the end of this Section.

b. The two signs are to be displayed side by side and mounted for reading by passing viewers. Exact placement location will be designated by the Contracting Officer. In addition, a bulletin board will be provided for wage rates, EEO etc, as required elsewhere in this contract.

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

d. All legends are to be die-cut or computer-out in the sizes and type-faces 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 Corps signature (reverse version) is screen printed onto the

DOCUMENT 00 80 00.00 18 Page 10 white background.

e. No separate payment will be made for erecting and maintaining the signs 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 from the work area.

1.21 LABOR SURPLUS AREA EXPENDITURE REQUIREMENTS

a. The site of the construction work is located in an area determined by the Secretary of Labor to be a Labor surplus Area. Accordingly the Contractor hereby agrees to perform a substantial portion of the contract work in this or in any other labor surplus area. "Substantial portion" means the aggregate costs that will be incurred by the Contractor and his first-tier subcontractors and suppliers, on account of manufacturing, production, or services performed in this or any labor surplus area, and the costs that will be incurred by second-tier and lower-tier subcontractors on the construction site will exceed fifty percent (50%) of the price of this contract.

b. Upon request, the Contractor shall furnish to the Contracting Officer data to substantiate that this obligation is satisfied.

c. The Contracting Officer will furnish upon request a list of labor surplus areas.

1.22 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This provision specifies the procedure for determination of time extension for usually 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:

a. 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.

b. 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.

c. Adverse weather delay days may not be claimed for frozen ground during the winter season.

d. Adverse weather delay days may not be claimed for days waiting for snow/ice to melt if it is delaying the work. The contractor shall take measures for the prevention and removal of snow/ice accumulation that may affect job progress.

2. 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.

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing

DOCUMENT 00 80 00.00 18 Page 11 throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. 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 2 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)".

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

Picatinny Arsenal, New Jersey

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

9 7 8 9 8 6 6 5 5 7 5 7

1.23 SCHEDULING AND DETERMINATION OF PROGRESS

Pursuant to the contract clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, the Contractor shall prepare and submit for approval a practicable project schedule. The type of schedule and detailed requirements as well as timing of this submittal shall be as specified in specification section 01 32 01.00 18 PROJECT SCHEDULE.

This schedule will be the medium through which the timeliness of the Contractor's construction effort is appraised. When changes are authorized that result in contract time extensions, Contractor shall submit a modified schedule for approval by the Contracting Officer.

The terms of Contract Clause, SCHEDULING FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra shifts, etc., may be invoked when the Contractor fails to start or complete work features or portions of same by the time indicated by the milestones dates on the approved project schedule, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met.

Neither on the project schedule as originally submitted nor on any updated periodic schedules which the Contractor is required to prepare and submit, shall be actual progress to be entered include or reflect any materials which even though on the site, are not yet installed or incorporated in the work. For payment purposes only, an allowance will be made by the Contracting Officer of up to 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to Contract Clause, PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. The making of such an allowance will be contingent upon a determination by the Contracting Officer that the Contractor's compliance with the quality control requirements of the contract is more than satisfactory.

DOCUMENT 00 80 00.00 18 Page 12

1.24 IDENTIFICAITON OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately b delivered to the Contracting Officer for cancellation upon the release of any employees. When required by the Contracting Officer, the Contractor shall obtain and submit finger-prints of all persons employed or to be employed on the project.

1.25 FIELD OFFICE

a. The Contractor shall furnish at the job site, prior to the start of work, a 20 feet by 15 feet 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. The building shall be well constructed and properly ventilated and shall contain a closet and door and windows which shall be capable of being locked, four (4) new ergonomically-designed chairs, one (1) plan rack and drawing board, two

(2) desks, one (1) two-drawer filing cabinet, and a conference table approximately 5 feet by 6 feet with 4 chairs. The Contractor shall also provide adequate electric lighting, 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 fees and monthly usage for electrical and 2-line telephone service (fax and voice).

The Contractor shall also make arrangements and pay all connection costs and fees for either Business DSL or Cable Modem Service to the field office for data line connection. These services shall be arranged for the entire contract duration. 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:

a. Hardware:

1)Printer:

" Hewlett Packard Laserjet 4100 Series Printer or equivalent Laserjet Printer.

2) Copier: Plain-paper, desktop, autofeed, monochrome, minimum 10 copies per minute.

3) Fax Machine: Monochrome, minimum feed (3) - 8 1/2x11 inch pages per minute. Capable of receiving on plain white bond paper.

4) Telephone: 2-Line phone compatible with phone service.

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

6) DSL or Cable Modem Service: Business DSL or Cable modem service with all required equipment (modems, filters, etc.). DSL service shall be 1.5Mbps downstream/384Kbps upstream. Service shall utilize a Static IP address for the connection. Contractor shall pay all costs associated with this service including any ISP fees. DSL or Cable Modem service shall be a 'dedicated' service, DOCUMENT 00 80 00.00 18 Page 13 and this line shall not be shared with any other Users (i.e., Contractors Field Office Trailer and USACE Field Office Trailer shall not utilize the same DSL or Cable Modem line via an Ethernet Switch/Hub).

7) First Aid Kit: As a minimum the kit will include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and coldpack.

8) Fire Extinguisher: Type as required for a trailer the same size as office.

b. The Contractor, at its option, may furnish a trailer not less than 20 feet long. The trailer shall be approved by the Contracting Officer and shall have the facilities and be serviced as specified above for the field office.

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.

1.26 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

NOT USED

1.27 QUANTITY SURVEYS

a. Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

* b. The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the survey for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

Alternate b. The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.

c. Promptly upon completion a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

1.28 TIME EXTENSIONS

Notwithstanding any other provisions of this contract, it is mutually

DOCUMENT 00 80 00.00 18 Page 14 understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule.

1.29 MISPLACED MATERIAL

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall file immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15,19, and 20 of the River and Harbor Act of March 3, 1899. (33 U.S.C.

410 et seq.)

1.30 SUPERINTENDENCE OF SUBCONTRACTORS

a. he Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clause titled, 'SUPERINTENDENCE BY THE CONTRACTOR."

(1) If more than 50% and less than 70% of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

(2) If 70% or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

b. If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory requirement is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made.

1.31 PROCEDURES FOR SUBMISSIONN AND PAYMENT OF ALL CONTRACT

PAYMENTS

In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract:

DOCUMENT 00 80 00.00 18 Page 15

a. At the time of submission of the progress chart, 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, shall 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 shall any payment invoice be accepted from the Contractor and any payment made to him.

The Contracting Officer can determine if it is in the best interest of the Government to make payment without an approved breakdown; however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved.

b. The Contractor shall submit his request for payment by submission of a proper invoice to the office or person(s) designated in subparagraph

c. For purposes of payment a "proper invoice" is defined as the following:

(1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs.

(2) A properly completed Eng Form 93 and 93a (where required).

(3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc.

(4) The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be a corporate office, partner, or owner, in the case of a sole proprietorship.

I hereby certify, to the best of my knowledge and belief, that -

(a) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract;

(b) Payments to subcontractors and suppliers have been made form previous payments received under the contract and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract requirements and the requirements of Chapter 39 of Title 31, Untied States Code; and

(c) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract.

(d) All required prime and subcontractor payrolls have been submitted.

DOCUMENT 00 80 00.00 18 Page 16

I hereby certify, to the best of my knowledge and belief, that - (Name)

(Title)

(Date)

c. The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be so notified at the pre-construction conference. In addition to the designated Project Engineer, the Contractor shall at the same time submit one copy of the detailed breakdown and the Eng Form 93 and 93a Form to the Area Engineer.

d. The Government representative shall return any request for payment which is deemed defective within 7 days of receipt and shall specify the defects. If the defect concerns a disagreement as tot he amount of work performed and or the amount of the payment being submitted, the Government and the Contractor's representative should meet to resolve the difference and reach agreement. Upon agreement, the Contractor shall submit a new breakdown and Eng Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS and process the payment accordingly. In this event, a "proper invoice" for Prompt Payment Act purposes will not have been submitted to the Government.

f. The Government shall pay the Contractor in accordance with the following time frames:

(1) Progress Payments. From the date a "proper invoice" is received, in accordance with subparagraphs b and d of this clause, the Government will issue a check with 14 calendar days.

(2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 14 calendar days…