RTA_100PCNT_DESIGN_-_SPECS_SUBMISSION.pdf

New York District Baltimore District Pond & Company

NCO ACADEMY COMPLEX

FORT DRUM, NY

SPECIFICATIONS

RTA Submission October 30, 2016

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NCO ACADEMY COMPLEX DRUMNCOAC

RTA Submission October 30, 2016

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 72 00 CONTRACT CLAUSES

00 73 00.00 18 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 45 35 SPECIAL INSPECTIONS

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

01 80 00 COMMISSIONING

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION AND DECONSTRUCTION

02 61 13 EXCAVATION AND HANDLING OF CONTAMINATED MATERIAL

02 81 00 TRANSPORTATION AND DISPOSAL OF HAZARDOUS MATERIALS

02 82 13.00 10 ASBESTOS ABATEMENT

02 83 13.00 20 LEAD IN CONSTRUCTION

DIVISION 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 CAST-IN-PLACE CONCRETE

03 33 00 CAST-IN-PLACE ARCHITECTURAL CONCRETE

03 35 00.00 10 CONCRETE FINISHING

DIVISION 04 - MASONRY

04 20 00 UNIT MASONRY

DIVISION 05 - METALS

05 05 23.16 STRUCTURAL WELDING

05 12 00 STRUCTURAL STEEL

05 21 00 STEEL JOIST FRAMING

05 21 19 OPEN WEB STEEL JOIST FRAMING

05 30 00 STEEL DECKS

05 40 00 COLD-FORMED METAL FRAMING

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 50 14 STRUCTURAL METAL FABRICATIONS

05 51 00 METAL STAIRS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

PROJECT TABLE OF CONTENTS Page 1

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 41 16.00 10 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

06 61 16 SOLID SURFACING FABRICATIONS

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 05 23 PRESSURE TESTING AN AIR BARRIER SYSTEM FOR AIR TIGHTNESS

07 11 13 BITUMINOUS DAMPPROOFING

07 21 13 BOARD AND BLOCK INSULATION

07 21 29.00 10 SPRAYED POLYURETHANE FOAM (SPF) INSULATION

07 22 00 ROOF AND DECK INSULATION

07 22 01.00 18 VENTILATED NAILBASE INSULATION PANELS

07 27 10.00 10 BUILDING AIR BARRIER SYSTEM

07 41 13 METAL ROOF PANELS

07 42 13 METAL WALL PANELS

07 42 73.00 10 EXTERIOR WALL ASSEMBLIES CONTAINING SPRAY-FOAM INSULATION

07 53 23 ETHYLENE-PROPYLENE-DIENE-MONOMER ROOFING

07 60 00 FLASHING AND SHEET METAL

07 81 00 SPRAY-APPLIED FIREPROOFING

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 11 16 ALUMINUM DOORS AND FRAMES

08 14 00 WOOD DOORS

08 22 20 FIBERGLASS REINFORCED PLASTIC (FRP) DOORS AND ALUMINUM

FRAMES

08 34 59 VAULT DOORS AND DAY GATES

08 34 73 SOUND CONTROL DOOR ASSEMBLIES

08 36 13 SECTIONAL OVERHEAD DOORS

08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

08 51 13 ALUMINUM WINDOWS

08 60 45 TRANSLUCENT PANELS

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

08 91 00 METAL WALL LOUVERS

DIVISION 09 - FINISHES

09 22 00 SUPPORTS FOR PLASTER AND GYPSUM BOARD

09 29 00 GYPSUM BOARD

09 30 10 CERAMIC, QUARRY, AND GLASS TILING

09 51 00 ACOUSTICAL CEILINGS

09 65 00 RESILIENT FLOORING

09 68 00 CARPETING

09 83 13 ACOUSTICAL WALL COATING

09 90 00 PAINTS AND COATINGS

DIVISION 10 - SPECIALTIES

10 11 00 VISUAL DISPLAY UNITS

10 14 00.10 EXTERIOR SIGNAGE

10 14 00.20 INTERIOR SIGNAGE

10 21 13 TOILET COMPARTMENTS

PROJECT TABLE OF CONTENTS Page 2

10 22 13 WIRE MESH PARTITIONS

10 22 39 FOLDING PANEL PARTITIONS

10 26 13 WALL AND CORNER GUARDS

10 28 13 TOILET ACCESSORIES

10 44 16 FIRE EXTINGUISHERS

10 51 13 METAL LOCKERS

10 51 53 LOCKER ROOM BENCHES

DIVISION 12 - FURNISHINGS

12 21 00 WINDOW BLINDS

12 24 13 ROLLER WINDOW SHADES

12 36 00 COUNTERTOPS

12 48 13 ENTRANCE FLOOR MATS AND FRAMES

12 61 13 UPHOLSTERED AUDIENCE SEATING

12 93 00 SITE FURNISHINGS

DIVISION 13 - SPECIAL CONSTRUCTION

13 48 00 SEISMIC PROTECTION FOR MISCELLANEOUS EQUIPMENT

13 48 00.00 10 SEISMIC PROTECTION FOR MECHANICAL EQUIPMENT

DIVISION 14 - CONVEYING EQUIPMENT

14 24 00 HYDRAULIC ELEVATORS AND VERTICAL PLATFORM LIFTS

DIVISION 21 - FIRE SUPPRESSION

21 13 13.00 10 WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION

21 30 00 FIRE PUMP AND PREFABRICATED WEATHER-PROOF ENCLOSURE

DIVISION 22 - PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

22 07 19.00 40 PLUMBING PIPING INSULATION

22 08 00.00 23 COMMISSIONING OF PLUMBING SYSTEMS

22 14 29.00 40 SUMP PUMPS

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 08 00.00 10 COMMISSIONING OF HVAC SYSTEMS

23 09 23.13 20 BACnet DIRECT DIGITAL CONTROL SYSTEMS FOR HVAC

23 11 25 FACILITY GAS PIPING

23 23 00 REFRIGERANT PIPING

23 52 00 HEATING BOILERS

23 64 10 WATER CHILLERS, VAPOR COMPRESSION TYPE

23 64 26 CHILLED, CHILLED-HOT, AND CONDENSER WATER PIPING SYSTEMS

23 82 02.00 10 UNITARY HEATING AND COOLING EQUIPMENT

23 83 16 RADIANT-HEATING HYDRONIC PIPING

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 08 00.00 23 COMMISSIONING OF ELECTRICAL SYSTEMS

26 08 10 APPARATUS INSPECTION AND TESTING

PROJECT TABLE OF CONTENTS Page 3

26 09 26 LIGHTING CONTROL SYSTEM AND CONTROL DEVICES

26 20 00.23 INTERIOR DISTRIBUTION SYSTEM

26 23 00.00 40 SWITCHBOARDS AND SWITCHGEAR

26 27 13.10 30 ELECTRIC METERS AND MONITORING SYSTEM

26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION AND ARC FLASH HAZARD

ANALYSIS

26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS

26 41 00 LIGHTNING PROTECTION SYSTEM

26 42 14.00 10 CATHODIC PROTECTION SYSTEM (SACRIFICIAL ANODE)

26 51 00.00 23 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING (LED)

DIVISION 27 - COMMUNICATIONS

27 05 14.00 10 CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM

27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM

27 51 16 RADIO AND PUBLIC ADDRESS SYSTEMS

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 20 01.00 10 PROGRAMMABLE ELECTRONIC KEYCARD ACCESS SECURITY SYSTEM

28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 11 00 CLEARING AND GRUBBING

31 31 16.13 CHEMICAL TERMITE CONTROL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 10 00 BITUMINOUS CONCRETE PAVEMENT

32 11 23 AGGREGATE BASE COURSE

32 12 10 BITUMINOUS TACK COAT

32 15 00 AGGREGATE SURFACE COURSE

32 16 13 CONCRETE SIDEWALKS

32 17 24.00 10 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

32 92 19 SEEDING

DIVISION 33 - UTILITIES

33 11 00 WATER DISTRIBUTION

33 11 23 NATURAL GAS PIPING

33 30 00 SANITARY SEWERS

33 40 00 STORM DRAINAGE UTILITIES

33 70 02.00 10 ELECTRICAL DISTRIBUTION SYSTEM, UNDERGROUND

33 82 00 TELECOMMUNICATIONS OUTSIDE PLANT (OSP)

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 4

100% RTA

PROFESSIONAL SEALS

Civil Engineering

Architecture

Structural Engineering

Mechanical Engineering

Electrical Engineering

Fire Protection Engineering

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SECTION 00 72 00

CONTRACT CLAUSES

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 72 00 Page 1

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS

03/15

PART 1 GENERAL

1.1 FAR 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and

(iii) complete all new construction on NCOA Complex and have ready for use, not later than 730 calendar days after the date the Contractor receives the notice to proceed . The start of demolition work will be not earlier than 630 days after the date the Contractor receives the notice to proceed and all demolition work will be completed not later than 750 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.

The above timeline ensures three months must be provided for the relocation of the existing NCO Academy equipment to the new facility.

Demolition of the 20 existing NCO academy structures must proceed after the relocation is completed. Demolition activities must be completed in four months.

b. Location: The site of work is located at The Non-Commissioned Officers (NCO) Academy Complex is located on the Fort Drum Military Installation, in Jefferson County, NY on George Street. NYS Plane 1475868.10 North,

1039574.21 East (Longitude W 75.749, Latitude N 44.047). The project site is bounded by George Street to the north and east; moderate to dense woodlands to the south and west. . The site of the work is on a military reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the Contractor.

c. The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the following work: construction of the NCO Academy Complex.

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.

1.2 DFARS 236.204, Disclosure of the Magnitude of Construction Projects

This project is estimated between $15 - $20 million .

DOCUMENT 00 73 00.00 18 Page 1

1.3 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 00.10 10 QUALITY CONTROL SYSTEM (QCS) for requirements.

1.4 PRECONSTRUCTION CONFERENCE

a. The Contracting Officer, or his Representative, will arrange a preconstruction conference 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 (See Accident Prevention Clause in Section 00 72 00 and paragraph SAFETY AND HEALTH REQUIREMENTS MANUAL in this Section) -Quality Control Plan (See Section 01 45 00.00 10 QUALITY CONTROL) -Letter appointing Superintendent -List of subcontractors, if any -Environmental Protection Plan (See Section 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS)

1.5 COORDINATION PERIOD

In addition to contract clause titled PRECONSTRUCTION CONFERENCE, the Contractor shall reserve a 2 workday period of time no later than one month following the contract preconstruction conference for coordination.

The Contractor's project management team responsible for this project shall participate. During the 2-day coordination period the Contractor and the Government will exchange information related to the government regulations and procedures, points of contact, relevant design information and general discussion about the execution and coordination of the project. The Contractor shall dedicate his management team for this 2-day coordination period.

1.6 FAR 52.211-12, Liquidated Damages--Construction

a. If a delay to the NTP date is a result of the Contractor, an extension will not be given. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1,851.10 for each day of delay.

b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is

DOCUMENT 00 73 00.00 18 Page 2 completed or accepted. (FAR 52.212-5)

d. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punch list") is completed no later than 30 days from the date of transfer. In this case the contractor shall pay liquidated damages for punch list items not completed in the daily amount of $779.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

e. The demolition of the 20 existing NCO academy buildings is included in the contract duration listed in Commencement of Work and is subject to liquidated damages.

1.7 FAR 52.228-5 -- Insurance -- Work on a Government Installation

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance as follows in accordance with FAR 28.307-2 LIABILITY:

(1) General Liability Insurance (comprehensive form of policy) Bodily Injury Liability - $500,000 per occurrence Property Damage Liability - $20,000 per accident.

(2) Automobile Liability Insurance Bodily Injury Liability - $200,000 per person and $500,000 per accident Property Damage Liability - $20,000 per accident.

(3) Workmen's Compensation and Employer's Liability Insurance Compliance with all applicable workmen's compensation and occupational diseases statutes is required. Employer's liability coverage in the minimum amount of $100,000 is required.

b. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective -

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

1.8 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 or warranty under the terms of the various sections in the TECHNICAL PROVISIONS, the Installation Commander will be an additional authorized party for the purpose of implementing the provision of such guarantees or warranties in behalf of the Government.

DOCUMENT 00 73 00.00 18 Page 3

1.9 CERTIFICATES OF COMPLIANCE

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

Each certificates shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certification apply.

Copies of laboratory tests reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements

1.10 VERIFICATION OF SMALL BUSINESS UTILIZATION

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

b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this Contract, the Contracting Office may survey the extent of small and small disadvantaged business utilization under this Contract.

The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small business and small disadvantaged businesses.

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

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

1.11 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section

00 72 00 CONTRACT CLAUSES.

1.12 CONTRACT DRAWINGS AND SPECIFICATIONS

See contract clause entitled CONTRACT DRAWINGS AND SPECIFICATIONS in Specifications section 00 72 00 CONTRACT CLAUSES.

For a listing of the contract drawings see Index Drawing.

1.13 RECORD DRAWINGS

See specifications section 01 78 00 CLOSEOUT SUBMITTAL for as-built and Record Drawings requirements for CAD Drafting Standard.

1.14 AVAILABILITY OF CAD DRAWING FILES

Refer to SOURCE DRAWING FILES in specifications section 01 78 00 CLOSEOUT

SUBMITTALS.

1.15 PHYSICAL DATA

Data and information furnished or referred to below is for the

DOCUMENT 00 73 00.00 18 Page 4

Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(FAR 52.236-4)(APR 1984)

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station, Fort Drum, NY:

Mean Annual Temperature: 46.3 degrees F Mean Annual Precipitation: 38.5 inches See also paragraph DEFAULT (FIXED-PRICE CONSTRUCTION) (TIME EXTENSIONS

FOR UNUSUALLY SEVERE WEATHER).

b. Transportation Facilities:

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

Railhead is located approximately 15 miles from the project site.

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: Routes US 11 and NYS Routes 26 & 3 serve the locality of the proposed work. Roads within the military reservation proposed to be used by the Contractor, shall be subject to prior approval of the Post authorities and such roads, if used, shall be maintained throughout construction and shall be restored to as good condition as existed prior to their use.

The Contractor may make use of old NYS Routes 29 and 37, but usage by other vehicles may not be interrupted without prior approval from the Contracting Officer and in compliance with paragraph 19(b). The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work.

Any such temporary construction shall be restored to its original condition. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

1.16 GOVERNMENT-FURNISHED PROPERTY

For a list government furnished properties (N/A) .

1.17 LAYOUT OF WORK

The contractor shall lay out his work from the dimensions indicated on the drawings and shall be responsible for all measurements in connection therewith.

1.18 BULLETIN BOARD

Immediately upon beginning of work under this contract, the Contractor shall provide at the job site a weatherproof glass-covered bulletin board for displaying the fair employment poster, wage rates, and safety bulletins and posters. Emergency telephone numbers and reporting instructions for ambulance, physician, hospital, fire and police shall be

DOCUMENT 00 73 00.00 18 Page 5 posted. The bulletin board shall be located in a conspicuous place easily accessible to all and legible copies of the aforementioned data shall be displayed until work under the contract is completed. No direct payment will be made for the bulletin board.

1.19 AVAILABILITY AND USE OF UTILITY SERVICES

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

1.20 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.21 DEFAULT (FIXED-PRICE CONSTRUCTION) (TIME EXTENSIONS FOR UNUSUALLY

SEVERE WEATHER)

Refer to section 01 32 01.00 10 PROJECT SCHEDULE

1.22 GOVERNMENT FIELD OFFICE

Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

1.23 52.232-5 - PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

In addition to the requirements contained in contract clause titled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, and PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS the following will apply to all payments made under this contract:

a. At the time of submission of the project schedule, 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 will 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 will any payment invoice be accepted from the Contractor. The Contracting Officer can determine it is in the best interest of the Government to make payment without an approved breakdown, however, in no case will more than 10% of the contract amount be paid unless the breakdown is approved.

b. The Contractor shall submit requests for payment through 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).

DOCUMENT 00 73 00.00 18 Page 6

(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" is either a corporate officer, partner, or owner, in the case of a sole proprietorship.

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

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

(2) Payments to subcontractors and suppliers have been made from 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, United States Code; and

(3) 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;

(4) This certification is not to be construed as final acceptance of a subcontractor's performance; and

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

(Name)

(Title)

(Date)

c. The Government will 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 to the Area Engineer.

d. The Government representative will return any request for payment that is deemed improper within 7 days of receipt and will specify the defects.

If the defect concerns a disagreement as to the amount of work performed and/or the amount of the payment being submitted, the Government and the Contractor's representative will meet to resolve the differences 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 shall be incorporated with the previous submittal and will then constitute a proper invoice.

e. If agreement cannot be reached, the Government will determine the

DOCUMENT 00 73 00.00 18 Page 7 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 purposes will not have been submitted to the Government.

f. The Government will 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, the Government will issue a check within 14 calendar days.

(2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government will 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 will not be considered valid until the Contractor has fulfilled all contract requirements including all administrative items, as-built drawings, training, 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 of the project by the Contracting Officer.

1.24 PROGRESS PAYMENTS

Progress Payments made pursuant to the PAYMENTS TO CONTRACTOR clause for any item of work in the bid schedule shall be based on the Contract unit price or lump sum amount set forth in the bid schedule for that item of work. If the amount of the unit price or lump sum bid for any item of work is in excess of 125% of the Government estimate for such item, the Contracting Officer may require the Contractor to produce cost data to justify the price of the bid item. Failure to justify the bid item price to the satisfaction of the Contracting Officer may result in payment of an amount equal to 125% of the Government estimate for such bid item upon completion of work on the item and payment of the remainder of the bid item price upon final acceptance of all contract work.

1.25 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.

DOCUMENT 00 73 00.00 18 Page 8

1.26 LABOR-ADDITIONAL REQUIREMENTS

Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll.

1.27 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the article of the contract clause entitled "PERMITS AND RESPONSIBILITIES". However, if in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, severe coastal storm or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable Contract unit or lump-sum prices as fixed and established in the Contract. If, in the opinion of the Contracting Officer, there are no Contract unit or lump sum prices applicable to any part of such work, an equitable adjustment, pursuant to Contract Clause entitled CHANGES, will be made as full compensation for the repairs of that part of the permanent work for which there are not applicable Contract unit or lump-sum prices. Except as herein provided, damage to all work, utilities, materials, equipment, and plant, including temporary construction and utilities, pavements, and other property along the routes used by the Contractor's pipelines and/or land vehicles, shall be repaired to the satisfaction of the Contracting Officer, the State of New York , and the utilities companies, at the Contractor's expense regardless of the cause of such damage.

1.28 SITE INSPECTIONS

The site safety officer shall perform daily inspection of the job sites and the work in progress to ensure compliance with EM 385-1-1 and to determine the effectiveness of the Accident Prevention Plan. Daily inspection logs shall be used to document inspections noting safety and health deficiencies, deficiencies in the effectiveness of the accident prevention plan, and corrective actions including timetable and responsibilities. The daily inspection logs will be attached to and submitted with the Daily Quality Control Reports. Each entry shall include date, work area checked, employee present in work area, protective equipment and work equipment in use, special safety and health issues and notes, and signature of the preparer.

1.29 52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

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

b. The Contractor shall submit, a Material Safety Data Sheet, (OUS Department of Labor Form OSHA 174) meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material 5 days before delivery of the material, whether or not the Contractor is the manufacturer of these items. This obligation applies to all materials delivered under this contract that will involve exposure to hazardous materials or items containing these materials.

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c. Neither the requirements of contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

d. Nothing contained in this contract clause titled HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

e. The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

f. The Contractor shall insert this requirement, including this paragraph (f), with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this contract involving hazardous material.

g. SAFETY AND HEALTH REQUIREMENTS MANUAL if this contract is for construction or dismantling, demolition, or removal of improvements with any Department of Army agency or component, 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.

h. 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.

1.30 CONSTRUCTION PROJECT SIGNS, PUBLIC SAFETY SIGNS

a. The Contractor shall construct three signs: one for project identification, one for on-the-job safety performance, and one public safety sign. Sample sign drawings together with mounting and fabrication details are provided at the end of this section. The signs shall be erected within 15 calendar days after the date of Notice to Proceed. The

DOCUMENT 00 73 00.00 18 Page 10 project identification and safety performance signs are to be displayed side-by-side and mounted for reading by passing viewers. The public safety sign shall be the same size as the project signs. The Contracting Officer will designate exact placement locations. Panels are fabricated using HDO (High Density Overlay) plywood with dimensional lumber uprights and bracing. The sign faces are non-reflecting vinyl. All legends are to be die-cut or computer-cut 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.

b. The Contractor shall maintain the signs in good condition throughout the construction period. 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 project site.

1.31 VEHICULAR AND OTHER TRAFFIC CONTROL

The Contractor shall be required to provide and maintain barriers, flagmen and warning devices during construction and hauling operations, which may interfere with vehicular and other traffic. The Contractor shall also be required to effect necessary traffic control as required by the appropriate agencies. All safety precautions shall be subject to the approval of the Contracting Officer.

1.32 ROAD CLOSURES AND UTILITY OUTAGES

a. Utility Outages:

(1) The Contractor is advised that the existing utilities service other buildings or areas adjacent to the specific work sites. These buildings will be active and utilized for the entire period of this contract. The Contractor shall maintain all utilities and systems operational at all times except outages approved by the Contracting Officer.

(2) All utility outages shall be scheduled by the Contractor and approved by the Contracting Officer. No outage will be approved which will adversely affect the current operation or mission accomplishment.

Outages shall only be approved to perform tie-ins of new or temporary utilities to existing lines. No electric or gas outages will be approved during the Fort Drum heating season. "Live"/"hot" utility connections shall be used whenever possible. Contractor shall submit a written work plan & have it approved by Fort Drum DPW 30 days prior to planned outage. (Required union notice.) The Contractor shall also be responsible for any repairs or start-up procedures in the affected facilities caused by the outages. The Contractor shall coordinate with the Contracting Officer and representatives of the Installation regarding the work that the Contractor must accomplish in various buildings to re-establish the utilities to proper working conditions.

The request for the approval of a utility outage shall include, at minimum, the following: description of the utility; time and duration of the outage; areas and systems affected; proof that all preparatory work is complete; proof that all necessary materials, equipment and manpower are in place; utility lines have been verified; and a contingency plan is in place.

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(3) Times frames during which the Contracting Officer may approve utility outages:

Electrical Services: 2200 to 0400 hours, Monday - Sunday (daily) Domestic Water: 2200 to 0400 hours, Monday - Sunday Fuel (Natural) Gas: 2200 to 0400 hours, Monday - Sunday (daily) Sanitary Drainage: 2200 to 0400 hours, Monday - Sunday (daily) Fire Detection/Alarm: 0700 to 1400 hours, Monday - Sunday. Maximum duration of two (2) hours, subject to contingency plan.

Fire Protection Systems: 0700 to 1400 hours, Monday - Sunday. Maximum duration of two (2) hours, subject to contingency plan.

Telecommunications (telephone, LAN, CATV): 2200 to 0400 hours, Monday

- Sunday. Maximum duration of four (4) hours.

(4) The Contractor shall have on-site all materials, equipment, manpower, etc. to complete all work during the approved duration of the outage. All utilities and systems shall be fully tested and operational prior to the end of the approved outage. Unscheduled outages shall be repaired immediately. Repairs and corrective actions shall proceed continuously in a diligent manner until all services and utilities are restored to their original condition.

b. Road Closures: Road closures shall not be allowed. Utility installations that affect the roads shall be accomplished in manner to provide through- traffic at all times. In this regard, the Contractor shall provide plates, install utilities in one half of the road at one time; provide temporary access, etc. The Contractor shall submit to the Contracting Officer, a proposed plan indicating how the work is to be performed in road areas and how through-traffic will be maintained. The Contractor shall provide temporary protection, signage, flagmen and traffic controls to maintain free vehicular movement as shown on the plans. Temporary protection, signage and traffic controls shall comply with the current MUTCD - Manual on Uniform Traffic Control Devices. The plan shall be submitted 30 calendar days prior to initiating any work in the affected road access. No work shall take place until the Contracting Officer approves the plan. The Contractor shall notify the Contracting Officer, at a minimum of the one-week in advance, prior to any disruption in parking or traffic flow.

1.33 ACCESS ROUTES, CONTRACTOR AREAS, DELIVERY, STORAGE AREA AND VISITOR

CONTROL

a. The Contractor shall utilize only entry points designated by the Contracting Officer Representative. Contractor's personnel and construction equipment will not be permitted in any place other than the project site and the haul route for the borrow and spoil sites, unless specifically authorized by the Contracting Officer. A request for authorization to use alternate limited access shall be made by the Contractor to the Contracting Officer at least 7 calendar days in advance.

b. The Contractor shall utilize the project site areas for his daily staging. Trailers, materials, or equipment shall not be placed or stored outside the project site unless such trailers, materials or equipment are assigned a separate and distant storage area by the Contracting Officer away from the vicinity of the staging area but within military boundaries.

At the end of each work day mobile equipment, such as tractors, wheeled lifting equipment, cranes, backhoes and like equipment, shall be parked

DOCUMENT 00 73 00.00 18 Page 12 within the project site. The following shall remain fully accessible:

sally ports, hydrants, standpipes and access ways. The Contractor shall be responsible for all temporary connections (power, water telephone, etc.)

to the project site. The Contractor shall maintain the area in a clean and neat condition. Parking for Contractor's employees shall be on the project site. The Contractor will return all disturbed areas to their original condition unless specifically authorized by the Contracting Officer.

c. Off-site storage areas are not available.

d. The Contractor shall be responsible for the control of material deliveries, vendors, suppliers, prospective employees and other authorized personnel entering the project area as relates to this contract. The Contractor shall install signs at entrances to the project directing deliveries and visitors to the proper entry points.

e. The Contractor shall be permitted to utilize the area for material storage and unloading, material hoists, rubbish containers, rubbish chutes (if any), temporary office and personnel dressing facilities, and all other items required for staging. Contractor shall maintain the grounds within his area. Grass and weeds shall be cut at least weekly during the growing season.

f. The Contractor shall provide chemical toilets for his personnel in the project site, and shall be responsible for cleaning and servicing these toilets in accordance with pertinent health regulations and assure a frequency of service as required to prevent odors or other nuisance. Use of toilet facilities by Contractor's employees within surrounding buildings will not be permitted.

g. The Contractor shall provide weather tight and waterproof storage facilities for all materials stored at the site and required to be incorporated into the work.

h. The Contractor shall remove rubbish containers when full or every 2 weeks whichever comes first.

i. The color of dumpsters, trailers, and storage sheds and portable latrines shall be approved by the Contracting Officer.

j. All materials, trailers, and storage sheds in staging and construction areas shall be elevated and stored a minimum of 3 feet from any structure or fixed object. Trailers shall have doors on both ends.

k. Contractor shall limit employees to his work site.

1.34 EXISTING PARKING

The existing parking for visitors and Government employees shall not be used by the Contractor. No contractor or subcontractor employee parking is available near the immediate facility and no parking on the shoulders of the roads is allowed.

1.35 MAINTENANCE OF ACCESS ROADS

a. The Contractor shall be responsible for the maintenance of access roads at the construction site. Maintenance of access roads shall include snow removal. The Contractor shall remove snow piles and rows when they affect safety, hamper emergency and fire vehicles, or block proper drainage.

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b. The Contractor shall provide and allow full access to the project site to all traffic, except as noted, to other contractors and authorized personnel as designated by the Contracting Officer.

c. The Contractor shall not inflict damage upon land properties, roads outside the authorized construction areas by unwarranted entry upon, driving over curbs, passage through, damage to or disposal of, material on such land or property, or overloading of roads. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the Installation. If such an agreement is made, it shall be in writing and a copy shall be furnished to the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by Contractor operations.

1.36 FIRE PROTECTION

The Contractor will provide fire protection in accordance with Section 9 of EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual. The Contractor's means of providing such protection will be included in his Health and safety plan as required by the contract. The plan shall include fire exits and access routes during construction and during partial acceptance of the facilities, if any. Although the Fort Drum Fire department and local departments with whom the installation has mutual aid agreements will respond to emergencies, the capabilities of these departments will be limited by their available equipment and access to the construction sites.

The Fort Drum Fire Department does not permit open flame heating devices or tar kettles on roofs.

1.37 SITE AND BUILDING SECURITY AND VEHICLE IDENTIFICATION

a. The Contractor shall be responsible for the security of the areas within the contract limits. When the Government takes possession of certain areas, the Contractor shall be responsible for the areas remaining under Contractor control.

b. The Contract must maintain continual base security with personnel security guard and temporary fences. Wherever there are fence disruptions due to the construction of this project, the Contractor shall continually monitor and maintain the fence.

c. The Contractor shall be responsible for furnishing an identification required by Fort Drum to each employee in accordance with paragraph titled IDENTIFICATION OF EMPLOYEES. The Contractor shall provide an updated list of all employees working on the site. This list shall be provided on a monthly basis or when requested by the Contracting Office throughout the duration of this contract.

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

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e. The Contractor and subcontractors shall register all company and private vehicles that will be used in the execution of this contract with the Installation Provost Marshall's office prior to start of work by the Contractor/subcontractor. Entry to the installation requires the following prior coordination with the Contracting Officer or designated representative; current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and procure identification for other personnel. Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The government will not be responsible for damages due to delay/stoppages caused by failure to comply.

f. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized government property. Contractor vehicles (Contractor-owned and personal), contractor personnel, and their personal property shall be subject to searches upon entering of leaving the installation. The search and seizure provisions of AR 190-22 shall apply to contractor personnel entering or leaving Fort Drum or activities/installations in the Fort Drum AR 5-9 area of responsibility which require access by Contractor personnel in performance of this contract.

1.38 UTILITY LOCATION VERIFICATION

Refer to section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS The drawings depict the general layout of all known utilities. The utility lines are presented for informational purposes only and shall be field verified by the Contractor prior to the start of any utility excavation work. The Contractor shall locate and determine elevations of all existing utilities that will be encountered during work and shall protect all such utilities from any possible damage during the progress of work. The Contractor shall excavate by hand, in the vicinity of existing lines and operations. If damage should occur due to the Contractor's operations, repairs shall be made by qualified personnel at the Contractor's expense.

1.39 ARTIFACTS, PRESERVATION & PROTECTION OF HISTORICAL, ARCHAEOLOGICAL

AND CULTURAL RESOURCES

b. Cultural resources on Federal…