W912DS-10-B-0013-Amendment0001.pdf

W16ROE01801350

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 revised bid schedule.

2) Revise Specifications 00800 Section to insert item 2 General Conditions.

3) Revise Specifications in sections 00 90 01, 32 92 19 and 35 31 20.00 18.

4) Provide revised Draw ings. 5) Provide Water Quality Certification. 6) Insert clause 52.236-3.

7) Provide answ ers to questions for informational purposes only.

8) Revise bid opening date from 10 SEP 2010 to 14 SEP 2010 at 2:00PM EST.

* Bidders must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing Methods: In the space provided on the SF1442, by separate letter, by telegram, or by signing the block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE

LATE BID, LATE MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 36

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

16C. DATE SIGNED

BY 30-Aug-2010

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-10-B-0013

X 9B. DATED (SEE ITEM 11)

11-Aug-2010

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 X is extended, 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

30-Aug-2010

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-10-B-0013

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 0001

REVISED BID SCHEDULE:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

BASE BID WORK

FFP

All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3, Option 4, Option 5 or Option 6. Under the Base Bid, the Contractor shall include all work for the complete construction of the boulder toe stabilization and vegetated revetment upstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work.

FOB: Destination

MILSTRIP: W16ROE01801350

PURCHASE REQUEST NUMBER: W16ROE01801350

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lump Sum

OPTION OPTION 1

FFP

Provision of all work for costs associated with the boulder toe stabilization and vegetated revetment downstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work.

FOB: Destination

0003 1 Lump Sum

OPTION OPTION 2

FFP

Provision of all work for costs associated with the complete construction associated with the wetland invasive removal and seeding.

0004 1 Lump Sum

OPTION OPTION 3

FFP

Provision of all work for costs associated with any tree, shrub or plant installation, not including live stake planting and seeding as included in the base.

0005 1 Lump Sum

OPTION OPTION 4

FFP

Provision of all work associated with the purchase, supply and installation of the specified guide rail.

0006 1 Lump Sum

OPTION OPTION 5

FFP

Provision of all work associated with herbicide application to be applied during the Spring/Summer of 2011, followed by seeding.

0007 1 Lump Sum

OPTION OPTION 6

FFP

Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

TOTALS

TOTAL BASE BID AMOUNT (CLIN 0001): $____________

TOTAL OPTIONS BID AMOUNT (CLINS 0002 Through 0007) $____________

TOTAL BASE BID PLUS OPTIONS $____________

NOTES TO BIDDERS

1. The low bidder for purposes of award will be the lowest conforming responsible bidder offering the lowest Total Base Bid Amount and the Optional Bid Amount for all Items.

2. Any bid price for items indicated above which are materially unbalanced as to price for the Base Bid Item and the Optional Items may be rejected. An unbalanced bid is one, which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

3. Bidders are required to bid on all items or their bid will be rejected.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended.

Any deviations, conditions, or amendments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5. Optional bid items, if awarded will be as follows:

6. Option 1 - Bid Item 0002, construction associated with the wetland invasive removal and seeding to be awarded within 5 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

7. Option 2 - Bid Item 0003, construction associated with the wetland invasive removal and seeding to be awarded within 5 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

8. Option 3 - Bid Item 0004, tree, shrub and plantings to be awarded within 5 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

9. Option 4 - Bid Item 0005, of all work associated with the purchase, supply and installation of the specified guide rail to be awarded within 5 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

10. Option 5 - Bid Item 0006, all work associated with herbicide application to be awarded within 5 calendar days from issuance of Base Bid NTP date. An additional 90 calendar days will be added to contract and work shall be completed within 455 calendar days of the Base Bid NTP date.

11. Option 6 - Bid Item 0007, Westchester County Liability Insurance to be awarded within 5 calendar days from issuance of Base Bid NTP date. No additional time shall be added to the contract.

Amendment No. 1

USACE, NYD Corps of Engineers New York, NY 10278

AMENDMENT NO.1 FOR RFP NO. W912DS-10-B-0013

1. The following changes shall be made to the specifications and plans.

1) SPECIFICATIONS:

1-Section 00 90 01 Insert Section 00 90 01 in its entirety.

2-Section 32 92 19 Delete table in paragraph 2.1.3 and replace in its entirety with the following:

Mixture Percent Botanical Name Common Name

20 Festuca rubra Red Fescue 20 Avena sativa Oat 20 Festuca Elatior L. Tall Fescue 40 Lolium perenne L. Perennial Ryegrass

3-Section 35 31 20.00 18 Delete table in paragraph 2.1.3.5 and replace in its entirety with the following:

TABLE 1

(FOR RIPRAP)

MINIMUM

CLASS STONE PERCENT OF TOTAL

NOTE THICKNESS STONE SIZE BY WEIGHT

Conduit Outlet Protection 9" d50 = 4 inches 50% or greater d max = 6 inches

NOTE (1) All riprap shall be rectangular in shape to provide a tight fit between stones.

a. Stone sizes, other than weights, refer to the average of the maximum and minimum dimensions of a stone particle as estimated by the Contracting Officer.

b. Materials shall contain less than 20 percent of stones with a ratio of maximum to minimum dimension greater than three.

c. Materials shall contain a sufficient amount of stones smaller than the average stone size to fill in the spaces between the larger stones.

4-Section 35 31 20.00 18 Delete paragraph 3.2.2 in its entirety.

5-Section 00 01 00 Delete Section 00 01 00 in its entirety and replace in its entirety.

2) DRAWINGS:

1-Drawings have been amended and reissued GI001, GI002, GC001, GC002, CS401, CD101, CD102, CD103, CD104, CD105, C-101, C-102, C-103, C-104, C-105, CG101, CG102, CG103, CG104, CG105, LP101, LP102, LP103, LP104, LP105, CE501, C-301, C-302, CU501, CU502, L-501, L-502.

3) QUESTIONS AND ANSWERS

The following questions and answers are provided for information only. Nothing contained below amends or revises any provision of the solicitation.

This is for bidder’s reference only, and is not to be considered as a part of the Contract Documents. Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided.

Question 1: We request information on where to find the "live" tree stakes, that are to be installed between the boulders and are intended to grow into trees for stabilization of the bank. The closest supplier we can find is in North Carolina, but the useful life of the stakes is only 3 days.

Corps Response: Possible Sources of Supply for Live Stakes:

Ernst Conservation Seeds 9006 Mercer Pike Meadville, PA 16335 800-873-3321 www.ernstseed.com

Pinelands Nursery & Supply 323 Island Road Columbus, NJ 08022 800-667-2729 www.pinelandsnursery.com

Octoraro Native Plant Nursery 6126 Street Road Kirkwood, PA 17536-9647 717-529-3160 www.octoraro.com

Question 2: Is the construction schedule for the streambank stabilization project Fall 2010 or Spring 2011?

Corps Response: Construction is scheduled to begin in Fall 2010.

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 10-Sep-2010 12:00 PM to 14-Sep-2010 02:00 PM.

CLIN 0001

The CLIN extended description has changed from All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3, Option 4 or Option 5. Under the Base Bid, the Contractor shall include all work for the complete construction of the boulder toe stabilization and vegetated revetment, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work. to All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3, Option 4, Option 5 or Option 6. Under the Base Bid, the Contractor shall include all work for the complete construction of the boulder toe stabilization and vegetated revetment upstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work..

CLIN 0002

This CLIN has been renumbered to CLIN 0003.

The CLIN description has changed from OPTION 1 to OPTION 2.

CLIN 0003

This CLIN has been renumbered to CLIN 0004.

The CLIN description has changed from OPTION 2 to OPTION 3.

CLIN 0004

This CLIN has been renumbered to CLIN 0005.

The CLIN description has changed from OPTION 3 to OPTION 4.

The CLIN extended description has changed from Provision of all work associated with the removal and installation of the specified guide rail. to Provision of all work associated with the purchase, supply and installation of the specified guide rail..

CLIN 0005

This CLIN has been renumbered to CLIN 0006.

The CLIN description has changed from OPTION 4 to OPTION 5.

CLIN 0002 is added as follows:

0002 1 Lump Sum

OPTION OPTION 1

FFP

Provision of all work for costs associated with the boulder toe stabilization and vegetated revetment downstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work.

CLIN 0007 is added as follows:

0007 1 Lump Sum

OPTION OPTION 6

FFP

Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION 00 80 00

TABLE OF CONTENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

2. GENERAL CONDITIONS

3. LIQUIDATED DAMAGES - CONSTRUCTION

4. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

5. CERTIFICATES OF COMPLIANCE

6. BID GUARANTEE

7. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS

8. RECORD DRAWINGS

9. VARIATION IN ESTIMATED QUANTITY

10. PHYSICAL DATA

11. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

12. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

13. ALTERATIONS IN CONTRACT

14. AVAILABILITY AND USE OF UTILITY SERVICES

15. LAYOUT OF WORK

16. PROGRESS AND COMPLETION PICTURES

17. BULLETIN BOARD

18. QUANTITY SURVEYS

19. SUPERINTENDENCE BY THE CONTRACTOR

20. SCHEDULING AND DETERMINATION OF PROGRESS

21. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

22. SUBMISSION OF CLAIMS

23. PROGRESS PAYMENTS

24. PERFORMANCE EVALUATION OF CONTRACTOR

25. SAFETY AND HEALTH REQUIREMENTS MANUAL

26. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

27. DAMAGE TO WORK

28. ENVIRONMENTAL LITIGATION

29. LABOR-ADDITIONAL REQUIREMENTS

30. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

31. TIME EXTENSIONS

32. VEHICULAR AND OTHER TRAFFIC CONTROL

33. PRE-CONSTRUCTION CONFERENCE

34. VERIFICATION OF SMALL BUSINESS UTILIZATION

35. COORDINATION CONFERENCES

36. CONTRACTOR WORKING HOURS

37. STATE/LOCAL INCOME TAXES

38. GOVERNMENT RESIDENT MANAGEMENT SYSTEM

39. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

40. INSURANCE PROCURED BY CONTRACTOR

41. LABOR SURPLUS AREA EXPENDITURE REQUIREMENTS

42. PRICING OF ADJUSTMENT

43. SITE INSPECTION

44. PROTECTION OF EXISTING STRUCTURES

45. MISPLACED MATERIAL

46. CRANE AND DRAGLINE SAFETY REQUIREMENTS

47. PARKING SPACES

SECTION 00 80 00

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 365 calendar days from receipt of Notice to Proceed. (iv) If Option #1, Option #2 and Option #3 are to be awarded, they shall be awarded within 5 calendar days from issuance of the Base Bid NTP date and no additional time shall be added to contract. (v) If Option #4 is to be awarded, it shall be awarded within 5 calendar days from issuance of the Base Bid NTP date. An additional 90 calendar days will be added to contract and work shall be completed within 455 calendar days of the Base Bid NTP date. The time stated for completion shall include the final cleanup of the premises. (FAR 52-212-3)

b. Location: The site of the work is located at the Bronx River, White Plains, New York.

c. The Contractor shall furnish all labor, materials, equipment, and services for the streambank protection of the Bronx River at the Westchester County Center, White Plains, New York.

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. (DoD FAR Supplement 52.236-7014)

e. Magnitude of Construction Project: The estimated value of the proposed work is between $300,000 and $800,000.

2. GENERAL CONDITIONS

(1) The Contractor must demonstrate previous experience in performing bioengineering and landscaping work in a riverine environment to provide suitable structural and vegetative streambank stabilization solutions where the goal of the project is to stabilize the bank and riverine corridor. Excavation, planting and grading work may require the use of specialized equipment outfitted for work in riverine environments or the adapting of standard construction equipment for work on soft soils. The Contractor shall demonstrate experience in the use of the aforementioned specialized field equipment and conditions for a minimum of three bioengineering projects that are greater or equal to 5 acres in size.

INFORMATION TO BE PROVIDED BY CONTRACTOR AFTER BEING NOTIFIED AS

APPARENT LOW BIDDER

The apparent low bidder must submit within five (5) calendar days from the date of being notified of being the apparent low bidder the following information to be used for determination of responsibility:

Documentation that demonstrates the Prime or its Sub contractor has completed a minimum of 3 bioengineering projects within the last 5 years, each a minimum size of 5 acres.

Information to be provided includes:

i. The project title and location.

ii. Body of water in which project is located.

iii. Point of contact with current phone number, fax number, email address (if available) and street address.

iv. Initial contract amount, initial contract completion date, contract value at completion date and final completion date.

(2) No guarantee to the accuracy of the reference documents is provided herein and the

Contractor shall rely on his own field verification for items so required.

(3) Sections, details, notes, dimensions and conditions are applicable at any other location where conditions and details are similar but are not specifically noted as such or are not shown.

(4) The Contractor prior to construction and fabrication of construction materials shall verify existing conditions and dimensions.

(5) If, during the performance of the work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall report to the Contracting Officer’s Representative in writing at once. Before proceeding with the work affected thereby, the Contractor shall obtain a written interpretation or clarification from the Contracting Officer or his authorized representative. Work done before the Contracting Officer renders his decision is at the Contractor's sole risk.

(6) The work shall be performed in a general sequence developed by the Contractor and submitted to the Contracting Officer Representative for review, in accordance with the requirements of the Contract. The Contractor is solely responsible for the means and methods of construction and for the sequences and procedures to be used.

(7) The Contractor shall furnish and coordinate plant, labor, supervision, materials, equipment and appliances for demolition and/or construction work in connection with the demolition and/or construction of the structure.

(8) The Government has secured certain permits required by Federal and State Authorities for the proposed activities. It is the responsibility of the Contractor to perform the work in accordance with the terms and conditions of the permits. The Contractor shall post copies of the permits at the site throughout the course of the work. The Contractor is responsible to obtain permits associated with the legal disposal of construction debris. The Contractor shall secure required local authorizations and permits.

The Contractor must obtain a permit from Westchester County DPW (Contact Mike

Dispenza 914-995-2594) prior to the state of work and any lane closures must be coordinated with Westchester County DPW traffic engineering (Kevin Roseman 914-995- 4084) 72 hours in advance.

(9) The Contractor shall be solely responsible for the accuracy of locations, dimensions, and levels and no instructions or order received from other sources other than information contained on the Contract Drawings or Specifications shall justify departure from the dimensions and elevations required by the Contract Drawings.

(10) The Contractor shall take his own measurements at the site, verifying the same with the

Contract Drawings and existing facilities, and will be held responsible for the proper fit and alignment of completed work in position.

(11) The Contractor is responsible to provide and maintain utilities he deems necessary to affect the work.

(12) The Contractor shall provide field engineering services required for proper completion of the work including, but not necessarily limited to: establishing and maintaining lines and levels; structural design of shores, forms, and similar items provided by the Contractor as part of his means and methods of construction.

(13) The Contractor shall provide and maintain at his expense required fire protection systems and devices as necessary to safely perform the work in accordance with the applicable regulations. It shall be operational throughout the period of construction.

(14) Comply with local, state, and federal requirements for protection of the environment during the work. Not later than 21 days following award of contract, submit a comprehensive plan describing the means and methods to be employed for protection, containment, and clean up. Ensure that personnel are properly trained and that sufficient equipment and material are readily available for use if required. Abide by State and Federal spill reporting requirements.

(15) The Contractor is solely responsible for the safety of his operations. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to persons employed by the Contractor in performance of the work, and persons nearby that may be affected by the Contractor's operations or the work, including equipment and materials which will be incorporated in the work, and other properties and structures at the site, or on adjacent properties.

(16) Substitutions may be furnished for materials specified herein provided the Contractor secures acceptance from the Contracting Officer Representative.

3. LIQUIDATED DAMAGES - CONSTRUCTION (APR 1984)

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 $1,107.28 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. (FAR 52.212-5)

4. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (1984

APR)

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.

5. CERTIFICATES OF COMPLIANCE

Any Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificate 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 certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. (ECI 7- 670.3)

6. BID GUARANTEE

See Bid Guarantee Clause of Section 00700, CONTRACT CLAUSES.

7. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (52.236-7001)

See Contract Drawings, Maps and Specifications Clause of Section 00700, CONTRACT

CLAUSES.

See Index of Drawings for the list of drawings.

8. RECORD DRAWINGS

Also see Section 01 12 00.00 18 RECORD DRAWING REQUIREMENTS for more details.

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 then be required to comply with all requirements indicated herein by the use of hand drafting.

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-built drawings 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, 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% As-Built Update: At the 50% 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 one set 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 one set 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 required subsequent review and re-submission 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. 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:

Three (3) CD’s (ROM) of CAD files of Record Drawings.

One (1) set of Mylar Record Drawings One (1) copy of prints of Record Drawings.

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.

9. VARIATION IN ESTIMATED QUANTITY (52.211-18)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

10. 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 there from by the Contractor. (FAR 52.236-4) (APR 1984)

a. The physical conditions indicated on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather Conditions: Climatological data determined from records of the

National Weather Service Forecast Office, Scarsdale, New York Weather Station:

Mean Annual Temperature: 52.2 degrees F Mean Annual Precipitation: 46.46 inches

See paragraph 33 for time extensions for unusually severe weather.

c. Survey Investigations: The physical conditions indicated on the Contract

Drawings and the Specifications are the result of site investigations by survey. Should any question of discrepancy arise, the condition should be independently confirmed by the Contractor.

d. Transportation Facilities:

Roads: The major routes in the immediate vicinity are the Bronx River Parkway and Cross Westchester Expressway. The Contractor shall make his own investigation of available roads for transportation, of loads limits of bridges and roads, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of the work. Any such temporary construction shall be restored to its original conditions. All costs for the use of existing transportation facilities and obtaining permits, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor. The Contractor shall obtain appropriate transportation permits, if necessary.

11. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

Pursuant to the Contract Clauses in this contract titled "Payments 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.

12. 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 subcontractor 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,* "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 or equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

(* This manual can be ordered from the Government Printing Office by calling Tel. No. (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 leases are allowable. Costs for major repair 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.

13. ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

Add the following sentence to paragraph "g" of basic contract clause, SPECIFICATIONS

AND DRAWINGS FOR CONSTRUCTION (1984 APR):

"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." Alt.1 (APR

1984)(FAR 52.236-21)

14. AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

The responsibility shall be upon the Contractor to provide and maintain at his own expense adequate supply of electricity, water, and sanitary facilities for his use for construction purposes and the use of his construction forces and to install and maintain necessary supply connections for same, but only at such locations and in such manner as may be approved by the Contracting Officer's representative. All installations shall comply with all applicable codes, standards and requirements. Before final acceptance, temporary connections installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer.

15. LAYOUT OF WORK

a. The plane of reference for elevations are in feet and referenced to Mean Sea Level (MSL), equal to the North American Vertical Datum (NAVD) of 1988. Grid System is in feet and is the New Mercator New York Long Island Lambert State Plane Coordinate System

(NAD83).

b. From the base lines and bench marks established, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

c. The Contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks until authorized to remove them, and if such marks are destroyed by the Contractor or through his negligence prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

16. PROGRESS AND COMPLETION PICTURES

Submit to the Contracting Officer, prior to or with the first digital photograph submittals, a sketch or drawing indicating the required photographic locations. Update as required if the locations are moved.

Photographically document site conditions prior to start of construction operations. Provide monthly, and within one month of the completion of work, digital photographs, 1600x1200x24 bit true color in JPEG file format showing the sequence and progress of work. Take a minimum of 20 digital photographs each week throughout the entire project from a minimum of ten views from points located by the Contracting Officer. Submit a view location sketch indicating points of view. Submit with the monthly invoice two sets of digital photographs each set on a separate CD-R, cumulative of all photos to date. Indicate photographs demonstrating environmental procedures. Photographs for each month shall be in a separate monthly directory and each file shall be named to indicate its location on the view location sketch. The view location sketch shall also be provided on the CD as digital file. All file names shall include a date designator.

Cross reference submittals in the appropriate daily report. Photographs shall be provided for unrestricted use by the Government.

17. BULLETIN BOARD

Immediately upon beginning of work under this contract, the Contractor shall provide at the job site a weatherproof glass-covered bulletin board for displaying the fair employment poster, wage rates, and safety bulletins and posters. Emergency telephone numbers and reporting instructions for ambulance, physician, hospital, fire and police shall be posted. The bulletin board shall be located in a conspicuous place easily accessible to all and legible copies of the aforementioned data shall be displayed until work under the contract is completed. No direct payment will be made for the bulletin board.

18. QUANTITY SURVEYS (APR 1984)

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 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 completing 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 or his representative. (FAR 52.236 16)

19. SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

20. 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 "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, SCHEDULES 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 milestone 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 the 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 Clauses, 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.

21. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FlXED-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:

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…