W912DS20B0008-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of Amendment 0001 is:

1) Bid opening date remains 12-May-2020 at 2:00 P.M. EST

2) Incorporate bidder "Request for Informaton" procedures.

3) Add Specification Section 00 73 00.00 18

NOTE: Bidders must acknow ledge receipt of this amendment by date specified in the bid (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, or by signing block 15 below .

FAILURE TO ACKNOWLEDGE AMENDMENT BY DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THELATE

BID, LATE MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 26

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

16C. DATE SIGNED

BY 15-Apr-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DS20B0008

X 9B. DATED (SEE ITEM 11)

11-Apr-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

15-Apr-2020

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS20B0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

Construction of Golf Club House USMA West Point, New York

Amendment 0001

AMENDMENT 0001 to DRAWINGS and SPECIFICATIONS for Construction of Golf Club West Point, NY W912DS20B0008

TO OFFERORS

The following changes shall be made to the drawings and specifications.

BIDDER INQUIRIES: Submission of inquiries will open on 14 April 20. Please submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at https://www.projnet.org. Submission of inquires will close 07 May 20 1159 EST. The Government reserves the right to decline addressing questions received after this date.

If an Offeror believes that the requirements in this solicitation contains an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this contract based on the initial bid, as received, without discussions. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via e-mail, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOpps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

Bidder Inquiry Key: Z6ASGA-5QB3MT

Specific Instructions for Initial ProjNet Bid Inquiry Access:

1. From the ProjNet home page, click on Quick Add on the upper right side of the screen.

2. Identify the Agency as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. E-mail. Enter the e-mail address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, E-mail, Secret Question, Secret Answer, and Time Zone. Remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

Steps 1 through 3: same as above.

4. E-mail. Enter the e-mail address you used to register previously in ProjNet.

5. Click Continue. A page will then open asking for the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed, you are logged into the system.

SPECIFICATIONS

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

- 00 73 00.00 18 SPECIAL CONTRACT REQUIREMENTS – West Point Area Office, USACE

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS – West Point Area Office, USACE

02/19

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 the entire work ready for use within 720 calendar days after the date the Contractor receives the notice to proceed, except in case the Contracting Officer determines that seeding is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting period following the contract completion date. This action will not operate to extend the performance time for the balance of the work. The time stated for completion shall include final cleanup of the premises. (FAR 52.212-3)

b. Location: The site of work is located at the United States Military Academy at West Point, New York, 10996, Golf Club House Facility. See section 01 10 00 STATEMENT OF WORK and 01 11 00 SUMMARY OF WORK for detailed information. 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 for the following work: design and construction of the infrastructure upgrades as described in the solicitation package.

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

e. The Contractor shall pay Orange and Rockland as per the price schedule within 30 calendar days after receipt of notice to proceed.

f. The Contractor is responsible for all permit fees estimated to be $4,000 for the life of the project.

1.2 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

This project is estimated between $10,000,000 and $25,000,000

1.3 GOVERNMENT RESIDENT MANAGEMENT SYSTEM AND CONTRACTOR QUALITY CONTROL

SYSTEM (QCS) MODULE – ENSURE USE OF RMS 3.0

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 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM) for requirements.

1.5 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.

1.6 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.

1.7 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 extension, the Contractor shall pay to the Government as liquidated damages, the sum of $[__2,108___] 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 increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (FAR 52.212-5)

d. At a time before the project is physically complete but is functionally complete to the satisfaction of the Government, the Government at its sole discretion may agree to accept transfer of the facility or project provided that the remaining work to be done ("punchlist") is completed no later than 30 days from the date of transfer. In this case the contractor shall pay liquidated damages for punchlist items not completed in the daily amount of $[___527__] per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.8 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

Notwithstanding the clause of this contract entitled “Subcontracts”, the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

1.9 FAR 52.228-5 -- INSURANCE -- WORK ON A GOVERNMENT INSTALLATION

a. Refer to section 01 30 00 ADMINISTRATIVE REQUIREMENTS.

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 cancellation or material change adversely affecting the Government's interest shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor 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.

1.10 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

The Contractor shall furnish the Contracting Officer and/or his Representative, within five (5) days after award, items of work he will perform with his own forces and the estimated cost of those items. For the purposes of this contract, the percentage of work that must be performed by the Contractor is stated in Section 00 72 00, FAR Clause 52.236-01.

1.11 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract.

The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance https://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program-http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org/

1.12 IMPLEMENTING WARRANTY

Refer to section 01 78 00 CLOSEOUT SUBMITTALS (WEST POINT)

1.13 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 subcontract that may exceed $1,000,000, including this subparagraph d.

1.14 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section 00 72

00 CONTRACT CLAUSES.

1.15 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. All design submissions shall be submitted in accordance with NANP-1110-1-1 Design Submission Requirement Manual.

1.16 RECORD DRAWINGS

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

1.17 AVAILABILITY OF CAD DRAWING FILES

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

SUBMITTALS.

1.18 DESIGNATION OF PROPERTY ADMINISTRATOR

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

1.19 PHYSICAL DATA (FAR 52.236-4)(APR 1984)

Data and information furnished or referred to below is for the Contractor's information only. The Government will not be responsible for interpretation of or conclusion drawn from the data or information by the Contractor.

a. Weather Conditions: Climatological data determined from records of the U.S. Weather Bureau Station: Newburgh/Stewart, NY Mean Annual Temperature: 51.9 degrees Fahrenheit Mean Annual Precipitation: 46.1 inches

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: All deliveries shall proceed through the Stony Lonesome Gate Entrance to the United States Military Academy.

The contractor will be responsible for coordinating all deliveries with the installation. 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. 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. The roads system on the installation is inclusive of vehicular bridges. The Contractor is responsible for following all applicable weight restrictions for the vehicular bridges on post. Loading of a vehicular bridge in excess of its rated load requires an oversized load from the asset owner.

c. Dispensary and Hospital Facilities:

1. The facilities of Keller Army Community Hospital located at the United States Military Academy at West Point are available for use by the Contractor only for the emergency treatment of his personnel injured at the job site. Charges to the Contractor for the use of said facilities will be at prevailing rates for the services provided and billing and payment will be made by separate transaction between the Keller Army Community Hospital and the Contractor.

2. The Keller Army Community Hospital is undergoing phased renovations that may impact the entrance to the facility’s emergency room. The Contractor is remain aware of these changes and field verify entrance location.

3. The contractor my reach emergency response personnel by the following means:

a. Dialing 911 – If 911 is dialed from any location on the installation, the caller must state that the emergency is located at West Point to ensure the call is routed appropriately.

b. Dialing (845) 938-3333 – Dialing (845) 938-3333 will reach the West Point emergency response personnel directly and is the recommended way to reach emergency response personnel.

1.20 NO WAIVER BY GOVERNMENT

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

1.21 TIME EXTENSIONS (APR 1984)

a. Notwithstanding other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. (FAR 52.212 6)

b. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER:

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

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

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAYWORK DAYS BASED ON (5) DAY WORK WEEK

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

8 7 8 8 9 6 6 6 5 6 7 8

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2 above, the Contracting Officer will convert qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

1.22 ACCESS TO AND LOCATION OF CONTRACTOR OFFICE AND LAYDOWN AREA

Areas designated on the drawings as "Construction Entrance" shall be used by the Contractor solely for the purpose of access to and from the "Contractor Working Limits”. Temporary contractor office and laydown areas are designated on the drawings and shall be used solely for these functions. The Contractor shall arrange his use of these access areas so as to minimize interference with the property owners' (or user's) access or normal use.

Entrances and areas are to be confirmed with USAG West Point Directorate of Public Works Capital Planning Group upon construction award.

1.23 PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACTS PAYMENTS

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 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).

(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 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.

d. The Government representative will return 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 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.

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.

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 EM 385-1-1. The latest edition of 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 ROAD CLOSURES AND UTILITY OUTAGES

a. Utility Outages:

(1) The Contractor is advised that the areas adjacent to the specific work site is an active golf course and must coordinate all work around said activity. 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 in coordination with the system owner. 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 heating season. "Live"/"hot" utility connections shall be used whenever possible. Contractor shall submit a written work plan and have it approved by the Contracting Officer 30 days prior to planned outage to ensure proper union notification. 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.

(3) Utility outage work shall be scheduled at the convenience of the Government. Night and weekend work may be required and should be anticipated by the Contractor.

(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: Refer to section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, paragraph "TRAFFIC PROVISIONS." Government trailer requirements are provided in 01 50 00.

1.31 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 10 working days in advance.

b. The Contractor shall utilize the project site areas for his daily staging. Temporary chain-link fence shall be installed around the staging areas to include field trailers, storage containers, and equipment/material storage, and removed upon completion of construction. 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 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. Contractor staging areas are indicated on drawings.

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 once every week, 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.

1.32 EXISTING PARKING

The contractor will be responsible for obtaining parking for their personnel. Only senior personnel will be allowed to park at trailer site.

Contractor shall refer to the U.S. Army Garrison West Point Policy Letter #42 for current parking restrictions. The most recent version of this document can be found here:

https://www.westpoint.army.mil/policyletters.html.

1.33 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.

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.

d. Refer to section 01 50 00, paragraph "Maintenance of Traffic"

1.34 FIRE PROTECTION

The Contractor will provide fire protection in accordance with Section 9 of EM 385-1-1. 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 West Point 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 Fire Department does not permit open flame heating devices or tar kettles on roofs.

1.35 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 any identification required by West Point Military Academy to each employee in accordance with paragraph titled AT/FP - Identification for Contractor Personnel. 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.

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 West Point Military Academy

1.36 AT/FP - IDENTIFICATION FOR CONTRACTOR PERSONNEL

The company will have a law enforcement background and NCIC check completed for all employees who will be entering Army-controlled installations or facilities (central area/Restricted area). Documentation of these checks will be made available to the COR upon request.

The company will provide to the COR, ten days in advance of the event, names and Social Security numbers of all employees who will be entering Army-controlled installations or facilities.

The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes (if required) in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility.

*** DOD LEVEL I ANTITERRORISM (AT) STANDARDS CLAUSE (AS OF 1 JULY 14)

(a) Pursuant to Department of Defense Instruction Number 2000.16, "DoD Antiterrorism (AT) Standards," dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at http://jko.jten.mil/ follow the below instructions:

1. Click - DOD CAC or No DOD CAC

2. Next click - I am a U.S. mil, government civil servant, or contract employee

3. Next click - I've been directed to take required training on JKO

4. Next click - Courses

5. I do not have a .MIL, .GOV, or .NDU.EDU address or I am a Multi- National Student

6. Fill out the contact sheet and email to sponsor (COR)

7. Sponsor (COR) will email to the JKO help desk

The COR and contractor are responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the…