W912DS-13-R-0008.pdf

REQUEST FOR PROPOSALS

PROTOTYPE FOR URBAN INTERIM HOUSING UNITS

Brooklyn, NY

Issued By:

U.S. ARMY CORPS OF ENGINEERS

In Conjunction with:

NEW YORK CITY OFFICE OF EMERGENCY MANAGEMENT

NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM

JANUARY 2013

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W912DS-13-R-0008

REQUEST FOR PROPOSALS

PROTOTYPE FOR URBAN INTERIM HOUSING UNITS

PROJECT DESCRIPTION

This Request for Proposals (RFP) solicits a Vendor to provide interim housing units for a specified period of time. The units will be a prototype for urban post-disaster housing units within New York City for the New York City Office of Emergency Management (OEM) and the New York City Department of Design and Construction (DDC). The services include providing designs, installation, and testing services. The prototype will consist of a complex of three (3) or more units of post-disaster housing fabricated from ISO container-based modules or similar system to be installed and operated at the designated site in Brooklyn, NY. The prototype will be evaluated for suitability as post-disaster housing according to design, delivery, and maintenance and occupancy criteria and removed after a period of one year. This project aims to build Federal capability to deliver multi-family, multi-story housing to urban areas in a post-disaster situation, and so will test and document the full implementation process of a container-type urban post-disaster housing system. The contract for this project is administered by the United States Army Corps of Engineers (USACE).

PROJECT BACKGROUND

OEM and DDC are developing a way to supply post-disaster housing that meets the needs of urban areas through the Urban Interim Housing Pilot Program. Because of the City’s high population density, lack of open space, and a mission to resettle as many residents as possible in their former neighborhoods, the Urban Interim Housing Pilot Program will outline a new paradigm for temporary housing that will provide living spaces for those displaced by disaster at a density level significantly higher than conventionally provided through disaster relief operations. An approach to this problem is the rapid construction of interim housing that is up to four stories and with multi-family units, and able to be assembled according to urban design principles and site configurations that support the return of community life.

After a disaster, New York City will need vendors who can design, manufacture and implement a system of removable and reusable housing that can be delivered quickly and configured for densely populated urban areas, and has developed the first iteration of a universal performance specification that allows as many manufacturers as possible to deliver housing that meets the standards not only of NYC but urban areas throughout the country. OEM and DDC recognize that this temporary housing may also become permanent, and have developed this urban interim housing performance specification to deliver permanent-quality housing that meets the needs of displaced people as quickly as possible. As container housing systems are not in widespread use in the City, this prototype project tests these systems specifically for their promise in post-disaster use.

SITE DESCRIPTION

The site for the prototype is a parking lot that measures approximately 40’ x 100’, owned by the New York City Department of Parks and Recreation and New York City Department of Transportation and made available to OEM for the duration of the project. It is adjacent to the OEM in Brooklyn, NY.

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Red Cross Place

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TABLE OF CONTENTS

REQUEST FOR PROPOSAL

PROTOTYPE FOR URBAN INTERIM HOUSING UNITS

PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

Sections

A (SF 33) SOLICITATION OFFER, AND AWARD

B Supplies or Services and Prices

H (00 73 00) Special Contract Requirements

I Contract Clauses

K Representations and Certifications

L (00 21 00) Instructions, Conditions and Notices to Bidders

M (00 22 11) Proposal Submission Requirements Evaluation Criteria, and Basis of Award

DIVISION 01 - GENERAL REQUIREMENTS

Sections 01 10 00 Statement of Work

01 31 10 Project Schedule - Bar Chart

01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements

01 45 01 Quality Control System (QCS)

01 45 04 Contractor Quality Control

01 50 02 Temporary Construction Facilities

01 57 20 Environmental Protection

01 62 35 Recycled/Recovered Material

01 78 02 Closeout Submittals

Appendices Appendix A-1 Technical References

Appendix A-2 Project Signs

Appendix A-3 Geotechnical Information

Appendix A-4 Drawing Standards

Appendix A-5 Design Standards and Performance Specification for Interim Housing

Appendix A-6 Electric Service Request and Cost Information

Appendix A-7 NYCT Special Requirements

Appendix B-1 Site Drawings

Appendix B-2 Site Analysis

Appendix C-1 Interim Housing Urban Design Playbook

--End of Table of Contents--

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A X B

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69 - 79 X H 80 - 107 matthew.e.lubiak@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 107

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DS 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Room 1843 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MATTHEW E LUBIAK 917-790-8089

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 9 - 33 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

34 - 52

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

212 264-0238

212 264-3013FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W16ROE22995423

5. DATE ISSUED

05 Feb 2013

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Interim Housing Units complex

FFP

All work to provide and install an Interim Housing Unit (IHU) complex consisting of a minimum of three (3) stories, one (1) Single IHU Dwelling Units (1BR) and one (1) Large Dwelling Unit (3BR), including all associated means of ingress/egress, features and amenities. One ground-floor unit will be used as public space. The complex shall be in place for an occupancy period of 365 calendar days after installation is complete and all units in the complex are accepted and turned over for occupancy. This includes all required submittals related to the units.

FOB: Destination

MILSTRIP: W16ROE22995423

PURCHASE REQUEST NUMBER: W16ROE22995423

NET AMT

0002 1 Lump Sum Site work

FFP

All foundations, site work and utilities, to include all required and related submittals, associated with the Interim Housing Unit complex.

FOB: Destination

0003 1 Lump Sum Study Reports and Data Collection

FFP

All work associated with the provision of Study Reports, Documentation and Data Collection as described in Section 01 10 00, Paragraph 2.11

0004 1 Lump Sum De-installation and site restoration

FFP

All work to de-install and remove the complex and restore the site to original condition following the occupancy period. Under the base offer, the contractor shall retain ownership of the Interim Housing Units throughout the period of performance and after removal from the project site.

0005 1 Lump Sum Property management services

FFP

Provide property management services for the occupancy period, to include upkeep and maintenance of the site and all common areas.

0006 1 Lump Sum OPTION OPTION No. 1, Transfer Ownership of IHUs

FFP

This Line Item is the additional price for the Government to take ownership of the IHUs (and associated components of the complex) following the occupancy period in lieu of the Contractor retaining ownership as indicated under the Base Offer.

The Contractor remains responsible for de-installation and site restoration.

This option may be awarded at the sole discretion of the Government within 180 calendar days from the start date of the occupancy period.

0007 1 Lump Sum OPTION OPTION NO. 2, Relocation:

FFP

This Line Item is the additional price for the Contractor to relocate and re-install the complex at a site to be identified by NYC OEM following the initial occupancy period. For bidding purposes, assume the relocation site is FEMA’s National Emergency Training Center in Emmittsburg, MD.

This option may be awarded at the sole discretion of the Government within 270 calendar days from the start date of the occupancy period.

0008 1 Lump Sum OPTION OPTION NO. 3, Additional Single IHU unit

FFP

This option is the additional cost to increase the size of the complex by an additional Single IHU Dwelling Unit (1BR), to include installation, integration and all necessary connections.

This option may be awarded at the sole discretion of the Government within 30 calendar days from award.

0009 1 Lump Sum OPTION OPTION NO. 4, Additional Large IHU

FFP

This option is the additional cost to increase the size of the complex by an additional Large Dwelling Unit 3BR) (note that a Large Dwelling Unit includes a Utility Unit and a Bedroom Unit), to include installation, integration and all necessary connections.

0010 1 Lump Sum OPTION OPTION NO. 5, Extend Occupancy Period:

FFP

This option is the additional cost to Extend the Occupancy Period by an additional 365 calendar days.

This option may be awarded at the sole discretion of the Government within 210 days from the start of the base occupancy period.

0011 1 Lump Sum OPTION OPTION NO. 6, Time Lapse Photography:

FFP

This option is the additional price to provide time lapse photography in accordance with Section 01 10 00, Paragraph 2.11.1.3

0012 1 Lump Sum OPTION OPTION NO. 7, Off-Grid Utilities Systems

FFP

This option is to provide and install systems necessary to allow some or all of the units to function independently from conventional utilities the vendor may connect to the site. This option may be awarded at the sole discretion of the Government within 30 calendar days from award.

TOTAL:

TOTAL BASE OFFER (CLINs 0001 – 0005) $ ____________________

TOTAL OPTIONS (CLINs 0006 – 0012) $ ____________________

TOTAL OFFER (BASE + ALL OPTIONS) $ ____________________

PROPOSED INSTALL LEAD TIME (CALENDAR DAYS

FROM NOTICE TO PROCEED TO READY TO OCCUPY).

The maximum acceptable duration is 120 Calendar Days;

award of any or all options will not increase the duration. _______________Days

Notes to Offeror:

1. Offeror shall submit prices on all items.

2. Options included in CLINS 0006-0012 may be exercised at the sole discretion of the Government with the timeframes indicated in each CLIN.

Section H - Special Contract Requirements

00 73 00

SECTION 00 73 00

29 January 2013

SPECIAL CONTRACT REQUIREMENTS

1.0 GENERAL

1.1. REFERENCES – NOT USED

1.2. DESIGN/BUILD CONTRACT – ORDER OF PRECEDENCE (AUG 97)

1.3. PROPOSED BETTERMENTS (APR 12)

1.4. SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR

06/UPDATED MAR 10)

1.5. PARTNERING (AUG 97)

1.6. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS (MAY 06)

1.7. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

1.8. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

1.9. CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

1.10. VALUE ENGINEERING AFTER AWARD (JUN 99)

1.11. DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

1.12. GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS

(JUL 02)

1.13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (JAN 11)

1.14. GOVERNMENT RE-USE OF DESIGN (SEP 05)

1.15. ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (JULY 05)

1.16. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL (JUL 11)

1.17. SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

1.18. SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS

(JUL 11)

1.19. CONTRACTOR PERFORMANCE EVALUATION

1.20. NOT USED

1.21. PROJECT SIGNS

1.22. DRAWING STANDARDS

1.23. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.24. COORDINATION WITH UTILITIES

1.25. PERMITS, LAWS, ETC.

1.26. SEWER AND UTILITY FACILITIES

1.27. NIGHT WORK

1.28. RESPONSIBILITY OF CONTRACTOR FOR PLANT AND METHODS

1.29. ENCROACHMENTS

1.30. LEGAL LOADS

1.31. SAFEGUARDING EXISTING BUILDINGS AND STRUCTURES

1.32. PROTECTION OF PRIVATE PROPERTY

1.33. MAINTENANCE

1.34. INSPECTION OF CONTRACT SITE AND EXISTING SUPERSTRUCTURES

1.35. WORK ZONE TRAFFIC CONTROL

1.36. INSURANCE

1.37. NOISE CONTROL

1.38. DUST CONTROL

1.39. EMERGENCY CONTACT PERSON

1.40. PRECONSTRUCTION CONFERENCE

1.41. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

1.42. NYCT SPECIAL REQUIREMENTS

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

1.0 GENERAL

1.1. REFERENCES - NOT USED

1.2. ORDER OF PRECEDENCE (AUG 97)

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitations. (See also contract Clause: 52.236- 21, SPECIFICATIONS

AND DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

1.3. PROPOSED BETTERMENTS (APR 12)

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the accepted proposal become a requirement of the awarded contract.

(b) “Betterment” is defined as any component or system in the accepted proposal which exceeds the minimum requirements stated in the Request for Proposal.

(c) This includes all betterments identified in the accepted proposal. It also includes all Government identified betterments in the accepted proposal, whether or not the Government specifically identifies such betterments in a "List of Accepted Project Betterments", made part of the contract award by alteration. It also includes any other betterments in the accepted Proposal that might be identified after award.

1.4. SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06/UPDATED MAR 10)

(d) The following describes the applicable clause or requirement for self-performance of work by the Contractor, depending upon the type of solicitation (e.g., unrestricted or full or partial set-aside) and/or whether or not a price evaluation preference was provided for in the source selection evaluation.

(e) Contract Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING, is the applicable requirement for awards to small business concerns for solicitations that were fully or partially set-aside for Small Business, 8(a), or award to a small disadvantaged business (SDB) concern on an unrestricted procurement where an SDB concern has claimed a price evaluation preference (but see next paragraph for suspension of the SDB price preference).

1.5. PARTNERING (AUG 97)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, New York City agencies, the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule.

This partnership would be bilateral in membership and participation will be totally voluntary. All costs, excluding labor and travel expenses, shall be shared equally between the Government and the Contractor. The Contractor and Government shall be responsible for their own labor and travel costs.

1.6. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY

2006)

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor’s accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.7. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

(f) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(g) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(h) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(i) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(j) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

1.8. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

(k) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement RESPONSIBILITY OF THE CONTRACTOR FOR

DESIGN.

(l) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(m) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(n) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

1.9. CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

1.10. VALUE ENGINEERING AFTER AWARD (JUNE 99)

(o) In reference to Contract Clause 52.248-3, VALUE ENGINEERING - CONSTRUCTION, the Government may refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(p) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(q) For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(r) In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used.

Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

1.11. DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

(s) The Contractor shall obtain the approval of the Designer of Record and the Government's concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

(t) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(u) Any revision to the design, which deviates from the contract requirements (i.e., the Request for Proposals and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(v) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(w) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

1.12. GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

This is to clarify that contract clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

1.13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JAN 2011)

This is to clarify that contract clause 52.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, refers to any specifications and drawings furnished in the Request for Proposal (RFP).

The term “specifications” refers to the design criteria or scope of work, in addition to any attached specifications.

1.14. GOVERNMENT RE-USE OF DESIGN (MAY 06)

In conjunction with the Clause 252.227-7022, GOVERNMENT RIGHTS UNLIMITED, the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and as-built documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

1.15. ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (MAY 06)

(x) As an incentive for maintaining satisfactory progress, The Government offers to make an interim monthly progress payment for satisfactory design and construction work in compliance with the contract, while construction operations are underway, up to turnover of the facilities to the Government. This is a second monthly progress payment, in between the regular monthly progress payment that is described in Contract Clause 52.232-5, PAYMENTS UNDER FIXED PRICE

CONSTRUCTION CONTRACTS.

(y) As a condition for the additional progress payment, the Contractor must maintain progress within 2% of scheduled progress and within 7 calendar days of the scheduled progress along the critical path(s) at the time of submission.

(z) All requirements of the contract clauses PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS and 52.232-25, PROMPT PAYMENT, will apply to the interim progress payment. In lieu of submitting an updated progress schedule to substantiate the amounts included in the interim progress payment, the Contracting Officer will determine what documentation is required to support an interim payment, including the required Prompt Payment Certification. For the next regular monthly progress payment following an interim payment, the Contractor shall reconcile the interim progress payment against actual progress.

1.16. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (JUL

11)

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available through www.usace.army.mil/CESO/Pages/EM385-1-1.aspx

1.17. SUPPLEMENTAL PRICE BREAKDOWN INFORMATION:

After contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot, including major building systems to the five-foot line, for programming validation purposes. There will be no separate payment for this information and the Contractor shall include it in the contract price. The Government will provide a format with the directive.

1.18. SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (JUL 11)

(aa) The Contractor shall employ a competent person at each project to function as the Site Safety and Health Officer (SSHO) in accordance with EM 385-1-1, Section 01.A.17. The SSHO shall report to the senior project official or to a senior corporate official. Submit the qualifications of the proposed SSHO for Government Approval.

(bb) The SSHO may be a collateral duty responsibility.

1.19. CONTRACTOR PERFORMANCE EVALUATION

The Federal Acquisition Regulation (FAR) section 42.1502 and 42.1503 require Agencies to prepare evaluations of Contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). CPARS is the Contractor Performance Assessment Reporting System and is a web-enabled system with electronic workflow that reports Contractor performance. CPARS reports are transmitted to PPIRS which provides timely and relevant information on Contractor performance for use in source selection. CPARS includes the Federal Awardee Performance and Integrity Information System (FAPIIS) which is a database reporting on terminations for cause or default, defective cost and pricing data, and determinations of non-responsibility. FAPIIS records are created using the FAPIIS module located in CPARS and completed records are then transmitted to PPIRS where they are used to support future acquisitions.

After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS may require specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site:

http://www.cpars.csd.disa.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.20. NOT USED

1.21. PROJECT SIGN

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

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

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.

1.22. DRAWING STANDARDS

In addition to any requirements described elsewhere in the solicitation, the contractor shall provide all drawings required to be submitted to New York City Department of Buildings in the format prescribed by the NYCDOB Drawing Standards for Plan/Work Applications, included in Appendix A-4.

1.23. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(c) 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 the time specified in this contract. The time stated for completion shall include final cleanup of the premises.

(d) Location: The site of work is located at Cadman Plaza East and Red Cross Place, Brooklyn, NY.

(e) The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the work described in this contract.

(f) 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.

1.24. COORDINATION WITH UTILITIES

All known public and private utility lines within or adjacent to the site of the work, are shown in their existing approximate locations on the contract plans. The Contractor is cautioned that these locations are not guaranteed, nor is there a guarantee that all utility lines in existence have been shown on the plans.

The Contractor shall so conduct his operations as to prevent damage to such facilities. He shall make such explorations as may be necessary to determine the dimensions and locations of lines that may be potentially subject to damage.

Where existing utilities are located within the contract limits, the Contractor will be required to give the proper bureaus and the various owning companies at least 72 hours notice before doing any work, in accordance with New York State Industrial Code Part (Rule No. 53), relating to construction, excavation and demolition operations at or within ten (10) feet of underground facilities.

The Contractor shall satisfy himself as to the exact locations of utility lines and shall protect and support in a suitable manner all utilities encountered in his excavating and trenching operations. Any damage made to the utilities by the Contractor will be repaired by the Contractor at no cost to the Government. If the nature of any damage to these utility lines is such as to endanger the satisfactory operations of the utilities and the necessary repairs are not immediately made by the Contractor, the work may be done by the respective owning companies and the cost thereof charged against the Contractor.

If utility relocation becomes necessary during the construction phase as a result of more precise location data or other changes that might develop, these relocations are to be performed by the owner and at the owners cost with coordination by the Contractor. Suitable time frames for these additions shall be coordinated between the Contractor and the Utility Company. Such time frames are not to be included within previously established time frames.

Prior to the start of any excavation or surface removal work, the Contractor shall notify all utility owners by calling Code 53 at 1-800-272-4480. The Contractor shall also give the Contracting Officer Representative confirmation that the utility owners have been notified. Notification shall be given at least three (3) working days prior to the start of such work.

1.25. PERMITS, LAWS, ETC.

The Contractor shall obtain all necessary permits except for those permits that can only be obtained by USACE (i.e., Construction Coordination), give all necessary notices, pay all legal fees and comply with all Federal, State, City and Municipal laws, ordinances and regulations, and all shall be performed or furnished by the Contractor. The agencies with which the Contractor may be directly or indirectly involved for permits, permissions, notifications, and coordination are, but not limited to, the following: New York City Agencies: Department of Parks and Recreation, Department of Buildings, Department of Transportation, Bureau of Permit Management and Construction Control, Office of Construction Mitigation and Coordination (OCMC), New York City Transit, New York City Department of Environmental Protection, Bureau of Sewers; New York State Agencies: New York State Department of Environmental Conservation; Federal Agencies: US Army Corps of Engineers; Private Companies: Consolidated Edison Company, Verizon, Empire City Subway, Time Warner Cable of NYC.

1.26. SEWER AND UTILITY FACILITIES

All existing manholes to be retained within the contract limits shall be adjusted as necessary, so that they will be flush with the finished grades after completion of the work. Any damage to any manhole caused by the work shall be repaired, or replaced by the Contractor as directed by the Contracting Officer Representative.

1.27. NIGHT WORK

When the Contractor performs work at night, the work site shall be illuminated to intensity as required by applicable regulations, but not less than 50 Lux (5 foot candles). In addition, for the purposes of inspection by the Contracting Officer Representative, the Contractor shall provide factory lighting of an intensity of 500 Lux (50 foot candles) over any area designated. The Contractor shall furnish a light meter capable of measuring all required light intensities, and maintain same operable throughout the Contract.

1.28. RESPONSIBILITY OF CONTRACTOR FOR PLANT AND METHODS

The plant, equipment, scaffolding, methods, appliances and procedures shall be such as will secure a satisfactory quality of work, safe and adequate means for both work performance and inspection, and a rate of progress which, will insure the completion of the work within the time specified. If at any time before the commencement or during the progress of the work, or any part of it, such plant equipment, scaffolding, methods or appliances appears to be unsafe, inefficient or inadequate for securing the safety of the workers, structure, the quality of the work or the rate of progress required, the Contracting Officer

Representative may order the Contractor to increase their safety and efficiency or to improve their character and the Contractor shall comply with such orders; the failure of the Contracting Officer Representative to make such demands shall not relieve the Contractor of his obligation to secure the safe conduct, the quality of work and the rate of progress required by the Contract, and the Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, equipment, scaffolding, appliances and methods.

1.29. ENCROACHMENTS

The Contractor is responsible for all inquiries, searches and protective measures associated with any subsurface, surface or overhead lines (water mains, sewers, gas mains, electrical lines, fire lines, telephones lines, etc.) in the work area.

1.30. LEGAL LOADS

The requirements contained in this section are intended to immediately and effectively prohibit the hauling of materials to or from the Contract site in hauling units which exceed the legal load limits without proper authorization. This legal load limitation also applies to all hauling units and construction equipment operating within the project limits on any pavement or structure to be retained in the completed work.

All bidders are cautioned to reflect in the bid prices the cost of operating all affected hauling units and construction equipment within the legal load limitations, including the cost of operating presently owned equipment at less than full vehicle capacity as well as the costs involved in mobilizing, leasing or purchasing new equipment.

No waivers shall be granted for off-site operations or deliveries. This may require the use of existing concrete, blacktop or aggregate delivery units at less than optimum loading capacity. Such units may be used only to the extent that their partial loading is within the legal load limitations and conforms to other materials specifications requirement.

For operations solely within the project limits, there shall be no waivers of the legal load limitations for construction or hauling equipment or trucks, whether owned or operated by the Contractor, a Subcontractor, or a supplier, on any new or existing course of pavement or structure to be retained in the finished work, except in very unusual instances if authorized in writing by the Contracting Officer Representative.

In order to provide for effective and orderly enforcement of these requirements, the Contractor shall, to the extent feasible, before the start of work on any phase of operation and in coordination with all his subcontractors and suppliers involved therewith, provide the following certification to the Contracting Officer Representative:

1. Identification of all vehicles or equipment:

a. Hauling materials over the public road system to the project site.

b. Intending to operate on pavement courses or structures within the project limits.

2. Un-laden Vehicle Weight.

3. Maximum Payload pursuant to legal weight limitations.

4. Actual Payload.

5. Copy of Permit when applicable.

The Contractor shall notify all his subcontractors and suppliers that material may be subject to on-site rejection because of failure to provide such advance information or at least to have the drivers provide it with the delivery tickets.

Materials delivered to the project site in hauling units which, as loaded, exceed the legal weight limits, except as authorized by permit, will be rejected. Failure to provide advance documentation of conformance with legal payload limits may be considered by the Contracting Officer Representative as prima facie evidence that the legal load limitations are exceeded. The Contractor shall have no claim for reimbursement for such material or for any other costs if subsequent weighing indicates the load to be within the legal limitations.

1.31. SAFEGUARDING EXISTING BUILDINGS AND STRUCTURES

The Contractor shall conduct his operations to avoid damage to the existing structures and other facilities that are to remain in use. Should any damage occur as a result of the Contractor's operations, the Contractor shall restore, at his own expense, the damaged structures or facilities to their original condition or better in a manner acceptable to the Contracting Officer Representative.

1.32. PROTECTION OF PRIVATE PROPERTY

Prior to the start of work, the Contractor shall contact the owners of all buildings abutting the project for the purpose of obtaining access to said buildings. The Contractor shall make a complete exterior digital video survey of all said structures, and any existing damage to the structures shall be noted.

1.33. MAINTENANCE

The Contractor agrees that, should it be necessary for State, City or utility company employees to do maintenance or emergency work on or near the site of work, or to do any other work not part of the contract requirements deemed expedient by the Contracting Officer Representative, the Contractor will not cause any interference thereto, and the Contractor further agrees that he will not claim any damages or extra compensation if such maintenance or emergency work should result in delay to him in his work or cause him to move his equipment or other material or any other expense. If such work should delay the Contractor and cause him to move his equipment or materials, an extension of time for completion of the work will be considered as sufficient compensation.

1.34. INSPECTION OF CONTRACT SITE AND EXISTING SUPERSTRUCTURES

The Contractor shall personally inspect the job site and existing superstructures in order that he may be aware of existing conditions and be able to properly carry out construction as required by the Contract.

1.35. WORK ZONE TRAFFIC CONTROL

The Contractor will be required to maintain and protect traffic for the duration of the contract as shown on the plans and in accordance with Section 619 of the NYSDOT Standard Specifications, the New York State Manual of Uniform Traffic Control Devices, Manual of Bureau of Traffic, NYCDOT and any Provision contained in the Plans and/or proposal of this contract. The Contractor shall notify the Contracting Officer, the Office of Construction Mitigation and Coordination, the New York City Fire Department Operations Division, the New York City Police Department and the Bureau of Traffic Operations, Detour Implementation Group of any work that might affect the mobility or access of the Fire or Police Department 2 weeks in advance of their implementation. In addition, the Contractor shall assure that hydrants and alarm boxes not to be disturbed within or near project are kept clear and accessible and operational at all times. The Contractor, in all instances, must adhere to all maintenance and protection of traffic (MPT) requirements specified in the contract documents.

1.36. INSURANCE

a. The Contractor shall procure and maintain during the entire period of his performance under this contract the minimum insurance shown in Schedule A below.

SCHEDULE A

Types of Insurance Minimum Limits and Special Conditions

■ Commercial General Liability

$ 3,000,000 per occurrence $ 3,000,000 aggregate (applicable separately to this Project)

Additional Insureds:

1. City of New York, including its officials and employees

2. US Army Corps of Engineers

3. the Metropolitan Transportation Authority (MTA) including its subsidiaries and affiliates

4. New York City Transit Authority (NYCTA)

■ Workers’ Compensation

■ Disability Benefits Insurance

■ Employers’ Liability

Workers’ Compensation: Statutory per New York State law without regard to jurisdiction

Disability Benefits Insurance: Statutory per New York State law without regard to jurisdiction

Employers’ Liability: $2,000,000 each accident

■ Builders' Risk 100% of total value of Work

City of New York, US Army Corps of Engineers and the Contractor named as Loss Payee for the Work in order of precedence, as their interests may appear.

■ Comprehensive Business Auto Coverage

$2,000,000 per accident

If vehicles are used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos (endorsement CA 99 48) as well as proof of MCS

Additional Insureds:

1. City of New York, including its officials and employees, and

2. US Army Corps of Engineers

■ Railroad Protective Liability

$2,000,000 per occurrence

$6,000,000 aggregate

Named Insureds:

1. City of New York, including its officials and employees,

2. New York City Transit Authority (NYCTA),

3. Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA),

4. Staten Island Rapid Transit Operating Authority

(SIRTOA),

5. MTA Capital Construction Co., and

6. The Metropolitan Transportation Authority (MTA) including its subsidiaries and affiliates

■ Professional Liability In the event any section of the Specifications requires the Contractor to engage a Professional Engineer to provide design and/or engineering services, the Engineer engaged by the Contractor, as well as any sub consultant(s) performing professional services,…