Amendment_0002.pdf

W16ROE31904572

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: Remove the insurance requirement from the 00 800 00 section.

Bid opening date of 25 September 2013 at 2:00 PM (Eastern Standard Time) REMAINS THE SAME

NOTE: Bidder must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by the follow ing method:

in the space provided on the SF 1442, by separate letter by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE MODIFICATION OR BID, OR LATE WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

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

16C. DATE SIGNED

BY 23-Sep-2013

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-13-B-0024

X 9B. DATED (SEE ITEM 11)

23-Aug-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

23-Sep-2013

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-13-B-0024

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 0002

The insurance requirement has been removed from the 00 800 00 section paragraph 3 of the solicitation.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

SECTION 00 80 00

SPECIAL CONTRACT REQUIREMENTS

Index

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

2. LIQUIDATED DAMAGES – CONSTRUCTION

3. CERTIFICATES OF COMPLIANCE

4. IMPLEMENTING GUARANTEES

5. BID GUARANTEE

6. CONTRACT DRAWINGS AND SPECIFICATIONS

7. RECORD DRAWINGS

8. DESIGNATION OF PROPERTY ADMINISTRATOR

9. PHYSICAL DATA

10. PRICING OF ADJUSTMENTS

11. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

12. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

13. AVAILABILITY AND USE OF UTILITY SERVICES

14. LAYOUT OF WORK

15. SALVAGE MATERIALS AND EQUIPMENT

16. CONSTRUCTION PROJECT SIGNS

17. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

18. SCHEDULING AND DETERMINATION OF PROGRESS

19. FIELD OFFICE

20. MISPLACED MATERIAL

21. PROCEDURES FOR SUBMISSIONN AND PAYMENT OF ALL CONTRACT

PAYMENTS

22. SAFETY AND HEALTH REQUIREMENTS MANUAL

23. SUBMISSION OF CLAIMS

24. PARTNERSHIP IMPLEMENTATION PLAN

25. PRECONSTRUCTION CONFERENCE

26. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QCS) MODULE

27. CONTRACTOR DIVING OPERATION

28. PETROLEUM FLOATS AND SILT CURTAINS

29. NOTICE TO MARINERS

30. BRIDGE-TO-BRIDGE COMMUNICATION

31. PROTECTION OF EXISTING STRUCTURES

32. SIGNAL LIGHTS

33. THE SEAGOING BARGE ACT

34. FACILITIES TRANSPORTATION AND RADIO COMMUNICATION

35. OIL TRANSFER OPERATIONS

36. HAZARDOUS MATERIAL IDENTIFICAITON & MATERIAL SAFETY DATA

37. 52.232-5000 PAYMENTS FOR MATERIALS DELIVERED OFF-SITE

38. CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

SPECIAL CONTRACT REQUIREMENTS

(NYD rev 10/08)

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 90 calendar days after the date the Contractor receives the notice to proceed, except in case the Contracting Officer determines that seeding is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting period following the contract completion date.

This action will not operate to extend the performance time for the balance of the work. The time stated for completion shall include final cleanup of the premises.

b. Location: The site of work is located offshore of Burlington, VT. All State and Local regulations shall be obeyed.

c. The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the following work: Furnishing all labor and equipment, and performing all work required to demolish three mooring dolphins, (also known as Bollards #3, #4, and #5) and associated pipelines 1foot above the lake bottom and cap with concrete. The dolphins are located offshore of Burlington Vermont. Transport to and disposal of all material shall occur by the contractor off site at an approved certified waste disposal facility. Work shall include all best management practices from the local regulatory agencies, including the use of floats and silt curtains to keep sediment and petroleum contained.

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 with the time specified in the contract, or any extension, the contractor shall pay to the government liquidated damages pursuant to FAR Clause 52.211-12 as noted section 00700.

b. 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 $215.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

3. 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.

4. 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 Contracting Officer will be an authorized party for the purpose of implementing the provisions of such guarantees in behalf of the Government.

5. BID GUARANTEE

See Section 00700 CONTRACT CLAUSES.

6. CONTRACT DRAWINGS AND SPECIFICATIONS

See Section 00700 CONTRACT CLAUSES.

7. RECORD DRAWINGS

See Section 01 78 00.00 18 CLOSEOUT SUBMITTALS for Record Drawings (“as-builts”) requirements.

See Section 01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS for CADD standards and compliance.

8. DESIGNATION OF PROPERTY ADMINISTRATOR

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

9. PHYSICAL DATA

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

a. Weather Conditions: The site of the project work is exposed to the lake and the construction operations will be affected by wind and wave actions. Please see the charts below that show mean precipitation, mean minimum and maximum temperature, and average lake levels.

Lake Levels: Lake level rises after the winter months due to melt water and may remain elevated for several months. High lake levels plus severe winter weather may limit construction between January and approximately June.

BURLINGTON’S MEAN TEMPERATURES AND PRECIPITATION

MAX. MIN. AVE. MEAN

MONTH TEMP. TEMP. TEMP. PRECIPITATION

Jan 25.1 7.5 16.3 1.82 Feb 27.5 8.9 18.2 1.63 Mar 39.3 22.0 30.7 2.23 Apr 53.6 34.2 43.9 2.76 May 67.2 45.4 56.3 3.12 Jun 75.8 54.6 65.2 3.47 Jul 81.2 59.7 70.5 3.65 Aug 77.9 57.9 70.5 4.06 Sep 69.0 48.8 58.9 3.30 Oct 57.0 38.6 47.8 2.88 Nov 44.0 29.6 36.8 3.13 Dec 30.4 15.5 23.0 2.42

54.0 35.2 44.6 34.47

AVERAGE LAKE LEVELS 1991-2001

MONTH LAKE LEVEL (FT)

JAN 96.4

FEB 96.2

MAR 96.5

APR 98.6

MAY 98.6

JUN 97.3

JUL 96.3

AUG 96.0

SEP 95.4

OCT 95.3

NOV 96.2

DEC 96.0

RECORD MAX 103.3 (6 May 2011) RECORD MIN 92.6 (4 Dec 1908)

b. Winds. The prevalence of southerly winds in Burlington can be attributed primarily to its location in the northsouth Champlain Valley, which often increases velocities above what might be expected. The Green Mountains protect Burlington from strong northeasterly winds associated with coastal storms of either extra tropical or tropical origin. At the same time, more easterly to southeasterly winds are increased by the alignment of the transmountain valleys. Such winds can cause considerable damage to areas near where these valleys open up into the larger Champlain Valley.

Northwesterly winds in the winter traveling across Lake Champlain cause considerable cloudiness and flurry activity when the lake is open.

Westerly winds are dry winds and are not very common. Northerly winds cause more than normal cloudiness on the Burlington side of foothills of the Green Mountains. On calm nights, a light easterly drainage wind often develops off the west slopes of the Green Mountains.

WIND DATA FOR 1999 (1)

MAXIMIM MAXIMUM MAXIMUM MAXIMUM

2-MINUTE 2-MINUTE 5-MINUTE 5-MINUTE

SPEED DIRECTION SPEED DIRECTION

MONTH (MPH) (DEG) (MPH) (DEG)

JAN 34 180 40 190

FEB 32 190 41 190

MAR 31 190 38 180

APR 31 190 38 170

MAY 23 190 30 200

JUN 31 330 39 340

JUL 34 320 43 310

AUG 23 320 30 330

SEP 36 320 48 320

OCT 31 180 40 190

NOV 33 190 43 140

DEC 32 300 38 310

PREVAILING

WIND DIRECTION

MONTH (DEGREES)

JAN 190

FEB 360

MAR 340

APR 350

MAY 190

JUN 180

JUL 180

AUG 180

SEP 180

OCT 180

NOV 180

DEC 180

(1) Source: 1999 Local Climatological Data Annual Summary

See also paragraph entitled TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER.

c. Transportation Facilities:

(1) Railroads: Vermont Railway serves the locality of the proposed work. The

Contractor shall make all arrangements at his expense for the use of sidings necessary for the delivery of materials, equipment, supplies, and other facilities required for completion of the work. The Contractor’s use of sidings must be arranged so as not to interrupt or delay the operation of the Military reservation.

(2) Highways and Roads: Route 89 serves the locality of the proposed work.

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

(3) Vessel Traffic: Vessel traffic in the contract area may consist of but not be limited to ferries, USCG vessels and recreations vessels. Vessel traffic may impact the work under these specifications.

10. 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:

PRICE ADJUSTMENTS (DEC 2012)

The term “pricing adjustments”, as used in paragraph (a) of the clauses entitled “Price Reduction for Defective Certified Cost or Pricing Data-Modifications”, “Subcontractor Certified Cost or Pricing Data,” and “Subcontractor Certified Cost or Pricing Data- Modifications,” means the aggregate increases and/or decreases in cost plus applicable profits.

11. 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.

12. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations. See USACE Acquisition Instructions (UAI) 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region I.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

13. AVAILABILITY AND USE OF UTILITY SERVICES

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.

Before final acceptance, temporary connections installed by the Contractor shall be removed in a manner satisfactory to the Contractor Officer.

14. LAYOUT OF WORK

a. The Government will establish the following base lines and bench marks at the site of the work: (Monuments and bench marks as shown on the drawings.)

b. From the base lines and bench marks established by the Government, 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 from the base lines and bench marks established by the Government. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer 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.

15. SALVAGE MATERIALS AND EQUIPMENT

The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor’s system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of his negligence, or while in his care.

The item to be salvaged is a decorative lighthouse like structure located on “bollard 3”. It is to be left at the staging area.

16. CONSTRUCTION PROJECT SIGNS

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

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

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.

17. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

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

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

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

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

(31) (28) (16) (7) (9) (10) (6) (5) (5) (6) (10) (15)

c. Upon acknowledgment 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 workday.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

18. 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: BAR CHART’.

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

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

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

19. FIELD OFFICE

a. The Contractor shall furnish, prior to the start of work, a lockable new field office and new equipment for the use of the Contracting Officer.

b. A lease commercial office space is acceptable as the field office.

c. The office shall be located in close proximity to the project site.

d. The following shall be submitted for approval:

Equipment and Services:

No separate payment shall be made for providing the items below and all costs in connection therewith will be considered the obligation of the Contractor.

- Office space shall be a minimum of 1,600 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operablewindows with screens.

- One (1) enclosed bathroom with hot and cold water.

- One (1) enclosed office of minimum dimensions of 12 feet x 12 feet.

- Partitioned open flat area to accommodate three (3) office cubicles and meeting area having a minimum of 1,400 SF.

- Four (4) office desks with lockable drawers (60 inches x 30 inches) laminated top and high-back cloth swivel chairs.

- Four (4) fire-proof, 4-drawer, legal-size lockable filing cabinets.

- Two (2) shelf sets, four-shelves high x 12 inches deep x 3 feet long (attachable to wall).

- Two (2) office conference tables, 3 feet by 8 feet with laminated top oval configuration.

- Eight (8) straight high back office chairs with wheels.

- One (1) bulletin board, 3 feet x 5 feet.

- Four (4) wastebaskets with supply of bags.

- One (1) vertical filing plan rack for twelve sets of E-size plans.

- One (1) drafting table for E-size drawings and chair.

- Two (2) coat racks.

- One (1) paper towel dispenser with towels.

- One (1) paper cup dispenser with cups.

- One (1) water cooler/heater with water.

- Toilet facilities as specified.

- One (1) steel locking storage cabinet.

- One (1) dry-erase white board with associated dry-erase markers and eraser (minimum 36"H x 36"W)

- The contractor is responsible for providing the office supplies the following items, but not limited to: toilet paper, paper towel, multipurpose paper, pens, note pads, and general office supplies.

- All structures installed under this paragraph FIELD OFFICE shall be provided with, as a minimum, the following services:

・ Lighting: electric light, non-glare types luminaries to provide a minimum illumination level of 50-foot candles at desk height level

・ Heating and Cooling: adequate equipment to maintain an ambient air temperature of

70 degrees F +/- 3 degrees

・ Window Blinds

・ Bottled water for the water cooler/heater.

Fire Extinguisher: non-toxic, dry chemical, fire extinguisher meeting Underwriters

Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A; 20B, 10C

・ Toilets: two separate enclosed rooms power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and flush-type toilet

・ Radio communication equipment including base station and two (2) portable units on the Contractor’s frequency, all with desk chargers. If Contractor’s frequency is not VHF then provide, in addition to the Contractor’s frequency equipment, a VHF Base Station and four (4) hand-held VHF radios with desk chargers similar to ICOM ICM125 (Base Station) and IC-M15 Hand-Held

・ 24-hour electronic security alarm system with direct feed to local police

・ Cable Modem Service: cable modem at minimum 15Mbps downstream/2 Mbps upstream (equal to Optimum Online), cable television, cable internet with all required equipment (modems, filters, Ethernet NIC cards, etc.) shall be provided for the entire duration of the contract. Service shall utilize a Static IP address for the connection.

Contractor shall pay all costs associated with this service including any ISP fees.

DSL or Cable Modem service shall be a ‘dedicated’ service, and this line shall not be shared with any other Users (i.e., Contractors Field Office Trailer and USACE Field Office Trailer shall not utilize the same DSL or Cable Modem line via an Ethernet Switch/Hub). All field office computers shall be provided with and have installed all required equipment (Switch, Hub, Ethernet NIC Cards, modems, etc.).

・ The contractor shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment.

- Sufficient supply of electrical outlets meeting NEC code for residential construction.

- First Aid Kit: As a minimum the kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack.

- The field office shall be removed from the project site when and as directed by the Contracting Officer.

- Digital Camera: two (2) "OLYMPUS TG-2 iHS Black 12 MP 4X Optical Zoom Waterproof Shockproof Wide Angle Digital Camera HDTV Output, 028 to 105 zoom compact with propriety software established to be legal court documents with case, spare battery and memory card, computer interface and program and desk charger. It is necessary to have one (1) camera per field office.

- Telephone: Two telephones: one for phone service and one for fax service. Telephone shall be two lines with twenty number memories. Phone service shall be applied in the Contractor’s name and itemized bills paid by the Contractor. Installation and phone company fees shall be paid by the Contractor. The Contractor shall arrange for the telephone service and instrument as follows:

- Telephone Answering Machine: One 2-line digital telephone answering machine with remote answering and access capability and voice time/day stamp.

- Rechargeable Flashlight Systems: Three (3) heavy-duty Rechargeable flashlight, charging cradle, rechargeable NiMH battery (or equivalent), 12 volt adapter, and 120 volt A/C converter with a minimum output of 240 Lumens.

- The Contractor shall also supply a vehicle for Government’s official use. This vehicle shall be a utility vehicle type, seven-passenger with 4-wheel drive. Fuel and maintenance of the vehicle including State Inspections shall be the contractor’s responsibility.

20. MISPLACED MATERIAL

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

410 et seq.)

21. PROCEDURES FOR SUBMISSIONN AND PAYMENT OF ALL CONTRACT

PAYMENTS

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

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.

22. SAFETY AND HEALTH REQUIREMENTS MANUAL

If this contract is for construction or dismantling, demolition, or removal of improvements, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. The latest edition of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and it changes are available at http://www.hq.usace.army.mil (at the HQ homepage select Safety and Occupational Health).

Contractor shall be responsible for complying with the current edition and all changes posted on the web as of effective date of this solicitation.

Before commencing the work, the Contractor shall: (1) Submit a written proposal for implementing the Accident Prevention Plan; and (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

23. SUBMISSION OF CLAIMS

The following shall be submitted to the Contracting at the following address: U.S.

Army Corps of Engineers, New York District, 26 Federal Plaza, Room 1843, New York, New York 10278-0090:

a. Claims referencing or mentioning the Contracting Disputes Act of 1978.

b. Requests for a written decision by the Contracting Officer.

c. Claims certified in accordance with the Contract Disputes Act of 1978.

No other Government representative is authorized to accept such requests. A copy shall also be provided to the Authorized Representative of the Contracting Officer.

The Contractor shall also provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days.

24. PARTNERSHIP IMPLEMENTATION PLAN

To more effectively accomplish this contract, the Government proposes to form a partnership with the Contractor. This partnership would draw on the strengths of each organization in an effort to achieve a quality product within budget and on schedule. This partnership would be bilateral in make-up and participation by the Contractor is required. A facilitator subject to approval by the Contracting Officer shall be hired by the Contractor, who would be responsible to arrange for an offsite location for the initial conference, provide all workshop materials, facilitate the conference, and compile and distribute a completed partnering agreement to all participants within 30 days after the initial partnering session. Both parties will sign and abide by the partnering agreement. The initial conference site location will be coordinated with the Contracting Officer for approval. Contractor should plan for the attendance of approximately 15-20 individuals from the Government in addition to the Contractor's and Sub-contractor's personnel. The cost of the facilitator, offsite conference facility, the partnering agreement and all other costs associated with partnering will be borne equally by the Contractor.

Subsequent partnership conferences will be held monthly or as required, and will be facilitated by the Government representative and held at Government facilities. For subsequent conferences the Government will prepare the agenda, and the Contractor will prepare and distribute minutes within 48 hours of the conclusion of the conference.

25. PRECONSTRUCTION CONFERENCE

a. A preconstruction conference will be arranged by the Contracting Officer, or his Representative, after award of contract and before commencement of work. The Contracting Officer’s representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

b. The Contractor shall bring to this conference the following items in either completed or draft form:

- The Contractor’s order of work

- Accident Prevention Plan

- Quality Control Plan

- Letter appointing Superintendent

- List of subcontractors.

26. GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR

QUALITY CONTROL SYSTEM (QCS) MODULE

The Government will utilize an in-house Contract Administration program entitled “Resident Management System” (RMS). The Contractor shall utilize a Government furnished Quality Control System (QCS) Programming Module. See Section 01 45 02.00 18 “Quality Control System (QCS)” for requirements.

27. CONTRACTOR DIVING OPERATION

a. Diving Contractors shall submit a safe practices manual that includes the requirements of EM 385-1-1, Section 30.A.14 and Safe Diving Practices Manual, Revision prepared September 2009 by Lake Champlain Maritime Museum, Vergennes, VT 05491 to the Command Dive Coordinator (DC) for review and acceptance at least fifteen (15) days prior to the commencement of dive operations.

b. A dive operations plan in accordance with EM 385-1-1, Section 30.A.17 and Safe Diving Practices Manual, Revision prepared September 2009 by Lake Champlain Maritime Museum, Vergennes, VT 05491 shall be developed and implemented by the diving Contractor for each dive. The plan shall be submitted to the DC and the Safety and Occupational Health Office Dive Safety Representative for review and acceptance prior to commencing the dive. Written acceptance in the form of a memorandum or electronic mail from the DC in required for diving operations to commence.

28. PETROLEUM FLOATS AND SILT CURTAINS

a. Demolition work will be performed within floats and silt curtains to control the redistribution of petroleum products and contaminated fill.

b. The bottom of the curtain will be approximately 2 feet from the bottom of the lake. The curtain will be designed with appropriate buoyancy and anchors at a sufficient spacing to ensure it remains in place.

c. The details of the curtain (including but not limited to tensile strength, tear strength, fabric weight, and connectors) will be appropriate for currents in this area. The Contractor is required to perform all necessary coordination with the USCG and local maritime interests. The curtain shall pose no concern or hazard to navigation.

d. The Contractor shall familiarize himself with the Engineering Research and Development Center's tech note TN-DOER-E21 found at ttp://el.erdc.usace.army.mil/elpubs/pdf/doere21.pdf and the references contained therein. The Contractor shall provide:

i. The completed checklist for selection and application of silt curtains (Table 3 of ERDC

TN-DOER-E21);

ii. Manufacturer specifications of the silt curtain;

iii. Silt curtain design and layout in the contract area; and

iv. A silt curtain maintenance plan specific to the curtain used

d. Submissions are to demonstrate due diligence of the Contractor in complying with these silt curtain deployment requirements. The Government will review these documents for information and completeness. The Government will not review this submission for design adequacy.

29. NOTICE TO MARINERS

The Contractor shall, prior to commencement of actual dredging, notify the 1st Coast Guard District, Aids to Navigation Officer, of his proposed operations including location and duration of operations and request that the information be published in a "Notice to Mariners." This notification must be given at least three (3) weeks in advance so that it appears in the "Notice to Mariners" at least one week prior to the commencement of the work. The Contractor shall also coordinate all marine activities with U.S. Coast Guard Station Burlington.

30. BRIDGE-TO-BRIDGE COMMUNICATION

a) In order that radio contact may be made with passing vessels, all major vessels and plant, engaged in work under this contract shall be equipped with bridge-to-bridge radio telephone equipment. The radio telephone equipment shall operate on a single channel very high frequency (VHF), Channel 13, 156.65 MHZ with low power output having a communication range of approximately ten (10) miles. The frequency has been approved by the Federal Communications Commission.

b) The Contractor shall designate an individual for each shift (24 hours coverage) to be the master or person in charge (PIC) of each vessel (including the dredge) used in the dredging operation.

Responsibilities of master or person in charge:

(a) The master or person in charge shall-

(1) Ensure that the provisions of the Certificate of Inspection are adhered to; and

(2) Be fully cognizant of the requirements of 46 CFR Section 109, especially the provisions in the operating manual required by 46 CFR Sec. 109.121

(3) The master or person in charge shall be immediately available to communicate on bridge to bridge radio telephone and with the Vessel Traffic Service.

31. PROTECTION OF EXISTING STRUCTURES

All existing structures, piers, bulkheads, utility lines, ships, etc. shown on the drawings or the existence and location of which are made known to the Contractor prior to the beginning or during work shall be protected from damage. In the event of damage, as a result of the Contractor's operations, the Contractor shall be responsible for the repair, restoration, or for all costs of damage resulting therefrom. If the Contractor elects to have alterations made to any existing structure, utility, or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations. Arrangements made between the owner and the Contractor to alter existing structures shall be approved by the Contracting Officer unless the EXISTING STRUCTURES are to be removed by the owner in which case the Contractor shall inform the Contracting Officer.

32. SIGNAL LIGHTS (FEB 1983) (DEAN-PRP Ind 12 Sep 83)

The Contractor shall display lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed. Vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels on the high seas (33 CFR 81 App. A-72 COLREGS.

Part C), vessels in inland waters (33 CFR 93.18 - 93.31a), and vessels in western rivers (33 CFR 95.5.51- 95.70), as applicable.

U.S.