W912DS-12-R-0002 0001.pdf

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:

Add and Revise Specs Revise Draw ings Add Clause 52.236-27 Alt. 1 Revise and Reissue Section 00 80 00 Update Wage Rates Proposal due date remains the same.

Note: Offeror must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: in the space provided on the SF 1442, by separate letter, or by telegram by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 57

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

16C. DATE SIGNED

BY 20-Oct-2011

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-12-R-0002

X 9B. DATED (SEE ITEM 11)

11-Oct-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

20-Oct-2011

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-12-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been added by full text:

AMENDMENT 0001

The following specifications sections are being added to the procurement package with this amendment:

Add Section 00901 – Geotechnical Report (For Informational Purposes Only) Add Section 00902 – Summary Of Changes For Construction Drawings And Technical

Specifications Issued In Amendment 1 (For Informational Purposes Only) Add Section 10 14 01 – Exterior Signage Add Section 22 00 70 – Plumbing, Healthcare Facilities

The following specifications sections are revised and re-issued with this amendment:

The last sentence has been revised as follows: “See also Section 00 80 00.00 18, paragraph 37.

In Section 00 80 00.00 18, the section table of contents, the description for paragraph 11 has been changed to not used. Paragraph 39 titled COORDINATION WITH NEARBY CONTRACTORS has been added.

In Section 00 80 00.00 18, paragraph 2d, “TBD” has been replaced with $1,270 In Section 00 80 00.00 18, paragraph 9, the paragraph has been replaced with the following:

“See contract clause 52.236.21 entitled SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION that is referenced in Section 0700 CONTRACT CLAUSES.

For a listing of contract drawings, see the Index drawing(s).”

In Section 00 80 00.00 18, paragraph 11, the entire paragraph has been replaced with “Not Used”

In Section 00 80 00.00 18, paragraph 12, the following sentence has been added:

“Additional climatological data can be found at http://cdo.ncdc.noaa.gov.”

In Section 00 80 00.00 18, paragraph 37, the following paragraph has been replaced with the following:

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

1) The weather experienced at the project site during the contract period must be found unusually severe for any given day.

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

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor’s scheduled work day.

c. If an extension of the Contract Time is appropriate, the Contracting Officer will issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction).”

Section 00 80 00.18, paragraph 39 was added as follows:

“39. COORDINATION WITH NEARBY CONTRACTORS. Contractors working directly for St. John’s (Mercy) Hospital will be constructing the building and appurtences during the contract period. The site contractor will be responsible for coordinating with the St. John’s contractors for performance of the site development contract work.”

Section 00 80 00.18, paragraph 40 was added as follows:

“40. SITE VISIT. Offerors are urged to inspect the site where the work will be performed. An organized site visit has been scheduled or 25 October 2011 at 1030.

Participants will meet at the site near St. John’s Boulevard.”

Specification Section 01 11 00 Summary of Work Deleted paragraph 1.5 WORK SCHEDULING

Deleted paragraph 1.9.2 Borrow, Excavation, Welding and Burning Permits Specification Section 26 20 00 – Interior Distribution System

Deleted paragraph 2.6, “SWITCHES”.

Deleted subparagraph 2.6.1, “Switches with Red Pilot Handle”.

Revised subparagraph 2.6.2, “Disconnect Switches”, to read NEMA KS 1. Provide heavy duty-type switches where indicated, where switches are rated higher than 240 volts, and for double-throw switches. Fused switches shall utilize Class R fuseholders and fuses, unless indicated otherwise. Provide switches in NEMA 1 enclosure per

NEMA ICS 6.

Revised subparagraph 2.7.2, “Cartridge Fuses, Current Limiting Type (Classes J)” to read Cartridge Fuses, Current Limiting Fast Acting Type (Classes J)

Specification Section 33 40 00 – Storm Drainage Utilities Added ASTM F 2648 reference for HDPE pipe to the bottom of paragraph 1.1, References.

Deleted paragraph 2.1.1, Concrete Piping.

Added verbiage to paragraph 2.2.3, PE Detention Chambers, stating the chambers shall meet the requirements of manufacturer’s details and specifications.

Updated material requirement in paragraph 2.5, Downspout Boots, from cast iron to

PVC.

Specification Section 33 70 01.00 10 – Electrical Distribution System, Underground Added subparagraph 3.3.3, “Direct-Burial” Added subparagraph 3.3.3.1 “Trenching” Added subparagraph 3.3.3.2, “Cable Burial” Added subparagraph 3.3.3.3, “Other Requirements” Added subparagraph 3.3.3.4 “Cable Joints or Splices” Added subparagraph 3.3.3.5 “Cable Markers”

The following specifications sections are revised and but are not re-issued with this amendment:

In Section 00700, clause 52.211-10, the ready for use date shall be changed to 1 April 2012.

In Section 00700, clause 52.236.4, paragraph a, the following sentence shall be added:

“Additional climatological data can be found at http://cdo.ncdc.noaa.gov.”

The following Drawings are revised and re-issued in their entirety:

Replace all construction drawings previously issued with those included in this amendment. A summary of the changes has been included in specification section 0902 to assist the offerors in identifying the changes, but it is the offeror’s responsibility to review and identify the cost impact items.

SECTION 00700 - CONTRACT CLAUSES

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- 25 October 2011 at 1030

(c) Participants will meet at--the site near St. John’s Boulevard

(End of provision)

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1 April 2012 . * The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

REVISED 00 80 00

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

SECTION TABLE OF CONTENTS

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

2. LIQUIDATED DAMAGES – CONSTRUCTION

3. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

4. INSURANCE PROCURED BY CONTRACTOR

5. PERFORMANCE OF WORK BY THE CONTRACTOR

6. CERTIFICATES OF COMPLIANCE

7. IMPLEMENTING GUARANTEES

8. BID GUARANTEE

9. CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

10. RECORD DRAWINGS

11. NOT USED

12. PHYSICAL DATA

13. PRICING OF ADJUSTMENTS

14. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

15. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

16. ALTERATIONS IN CONTRACT

17. CONSTRUCTION PROJECT SIGNS

18. LABOR SURPLUS AREA EXPENDITURE REQUIREMENTS

19. SCHEDULING AND DETERMINATION OF PROGRESS

20. CLEANING UP (CONSTRUCTION DISPOSAL, HOUSEKEEPING AND FINAL

CLEANUP)

21. FIELD OFFICE

22. QUANTITY SURVEYS

23. SUPERINTENDENCE OF SUBCONTRACTORS

24. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

25. VERIFICATION OF SMALL BUSINESS UTILIZATION

26. HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA

27. SAFETY AND HEALTH REQUIREMENTS MANUAL

28. SUBMISSION OF CLAIMS

29. PRECONSTRUCTION CONFERENCE

30. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QCS) MODULE

31. PRICING OF CONTRACTOR-FURNISHED AND INSTALLED PROPERTY AND

GOVERNMENT-FURNISHED CONTRACTOR-INSTALLED PROPERTY

32. ENVIRONMENTAL RESPONSIBILITY (10-8-99)

33. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK (7-2005)

34. PROGRESS PHOTOGRAPHS

35. PEST CONTROL

36. COORDINATION MEETINGS

37. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

38. (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL 2011)

39. COORDINATION WITH NEARBY CONTRACTORS

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK:

a. The Contractor shall be required to (i) commence work under this contract within five (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 April 1, 2012, except in the case that the Contracting Officer determines that seeding or paving is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting/paving 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 bounded by the intersection of West 32nd Street, South Jackson Avenue, West 28th Street and South Picher Avenue in Joplin, MO.

c. The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the following work: All site work to include but not limited to underground utilities, earthwork, paving, etc.

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 $1,000,000 and $5,000,000.

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 $1270 for each day of delay for extended supervision and administration by the USACE.

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 $1,270 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

3. PREAWARD SURVEY AND EQUAL OPPORTUNITY PREAWARD CLEARANCE

OF SUBCONTRACTORS

A. 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.

4. INSURANCE PROCURED BY CONTRACTOR

a. The Contractor shall procure and maintain during the entire period of this performance under this contract the attached insurance policies:

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for Broad Form Property Damage. Such coverage shall not contain any environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the State of Missouri and the Missouri State Department of Environmental Conservation as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(4) Workmen’s Compensation and Employer’s Liability Insurance:

Compliance with applicable workmen’s compensation and occupational disease statutes is required. Employer’s liability coverage in the minimum amount of $100,000 is also required.

(5) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to each of the insured named above prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing any policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

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 paragraph c., in all subcontracts hereunder.

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.

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.

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.

8. BID GUARANTEE

See contract clause entitled BID GUARANTEE in Section 00700 CONTRACT CLAUSES.

9. CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS

See contract clause 52.236.21 entitled SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION that is referenced in Section 0700 CONTRACT CLAUSES.

For a listing of contract drawings, see the Index drawing(s).

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 the project. The Government will provide to the Contractor the CAD (Computer-Aided Drafting) files consisting of compact (computer) disks of the drawing files in “AutoCAD” and the BIM model in AutoCad-Revit for the project. The Contractor is required to make prints 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, 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 Contractor will be provided reponses to RFI’s and any other design changes in Autocad format. The contractor is responsible for assuring the original design is annotated properly to incorporate changes. 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, 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 reproducible drawings 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 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 drawings 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.

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 must be reproduced from the updated CAD files. If reproducibles 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 in AutoCAD 2006.

One (1) copy of prints of the record drawings (full size).

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.

11. NOT USED

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 by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station: Joplin, MO. Additional climatological data can be found at http://cdo.ncdc.noaa.gov.

Mean Annual Temperature: 57.5 degrees Fahrenheit Mean Annual Precipitation: 46.1 inches

See also paragraph entitled TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER.

b. Transportation Facilities:

(1) Highways and Roads: Interstate 44 and U.S. Route 71 serve the locality of the proposed work. The contractor will be responsible for coordinating all deliveries with the installation. 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.

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.”

14. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

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.

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 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.

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.

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.”

17. 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 in Specification Section 01 50 00, Temporary Construction Facilities and Controls. The signs shall be erected as soon as possible and within 15 calendar days after the date of Notice to Proceed.

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 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.

18. 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.

19. 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, 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 actual progress be entered to 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.

20. CLEANING UP (CONSTRUCTION DISPOSAL, HOUSEKEEPING AND FINAL

CLEANUP).

a. All construction debris or other rubbish generated as a result of construction activities shall be disposed of at the Contractor's. Scrap, debris or surplus construction materials shall not be buried or burned on the. The Contractor must obtain all necessary permit/applications required for the disposal of debris for off site locations. The Contractor is responsible for obtaining all necessary permits required for the disposal of all construction debris, including proper disposal of Hazardous Materials.

b. All spillage and mud from the Contractor's trucks, on or off the actual construction site, shall be removed promptly. All damages to existing curbing, roads, walks, trees, fencing, walls, landscaping and other Government Property resulting from the Contractor's activity, shall be repaired promptly, as directed by the Contracting Officer, and at the Contractor's expense.

c. Project housekeeping shall be done on a daily basis. Areas requiring housekeeping include the Contractor's area, all staging areas provided to the Contractor and around all trailers.

At the end of each day, the Contractor shall leave the housekeeping areas broom clean and free of rubbish, litter, and construction debris generated by that day's work. Any dirt or mud which is tracked onto paved or surfaced roadways, shall be cleaned away immediately and in no case shall the Contractor leave the site at the close of work without verifying that all dirt or mud has been removed from any paved surface beyond the limits of construction.

d. The Contractor shall provide and maintain a dumpster of sufficient size at each project site. The dumpster shall be replaced at regular intervals to avoid overfilling and spillage and the area around the dumpster shall be kept clean at all times.

f. If, at any time during the progress of the work, the Contracting Officer determines that the Contractor is failing to comply with the requirements of the subparagraphs above, the Contractor will be directed to take such measures, as deemed necessary to constitute corrective action. Such measures may include the requirement to increase the work force assigned to the housekeeping and cleanup operations or to work during evenings or weekends until proper job conditions have been restored.

21. FIELD OFFICE

a. The Contractor shall provide and maintain administrative field office facilities for the USACE Resident Office IAW Specification Section 01 50 00, Temporary Construction Facilities and Controls.

22. 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 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. The quantity amounts shall be mutually agreed upon by the Contractor and Representative of the Contracting Officer.

a. 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.

23. SUPERINTENDENCE OF SUBCONTRACTORS

a. The 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.

24. PROCEDURES FOR SUBMISSION 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:

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.

(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 after the approval of the release to the Contractor by the Contracting Officer or his authorized representative.

(3) Final Payment. A final payment request shall not be considered valid until the Contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the Contractor has fulfilled all contract requirements and a “proper invoice” has been submitted, the Government shall issue a check within 14 days from the date of acceptance o the project by the Contracting Officer.

25. VERIFICATION OF SMALL BUSINESS UTILIZATION

a. This clause is applicable to small business concerns whose contracts exceed $1,000,000.

b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this contract, the Contracting Office may survey the extent of small and small disadvantaged business utilization under this contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small business and small disadvantaged businesses.

c. As appropriate, the Contracting Officer may require one or more follow-up reports to the initial report.

d. The Contractor agrees to insert this clause in any subcontract that may exceed $1,000,000, including this subparagraph d.

26. HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA

a. Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract.)

b. The Offeror must list any hazardous material, as defined in paragraph “a” of this clause, to “e” delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert NONE)

Identification No.

c. The apparently successful Offeror, by acceptance of the contract, certifies that the list in paragraph b of this clause is complete. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

d. The apparently successful Offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material, identified in paragraph “b” of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful Offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award my result in the apparently successful Offeror being considered non-responsible and ineligible for award.

e. If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph “d” of this clause or the certification submitted under paragraph “c” of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

f. Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

g. Nothing contained in this clause shall…