W912DS21R0008-St Albans - RTA - Vol 1 Specifications.pdf

USACE

US ARMY CORPS OF ENGINEERS NY

26 FEDERAL PLAZA, RM 1843

NEW YORK, NY 10278-0090

NATIONAL CEMETERY

VA / NATIONAL CEMETERY ADMINISTRATION

ST. ALBANS, QUEENS, NEW YORK

CONTRACT #W912DS-14-D-0002

USACE TASK ORDER# W912DS17F0030

TECHNICAL SPECIFICATIONS

NCA PROJECT NO. 805CM3046

31 MARCH 2021

VOLUME 1 OF 2

ARCHITECUTRAL / SITE

QPK DESIGN, LLP

ARCHITECTS/ENGINEERS

450 SOUTH SALINA ST., STE. 500

SYACUSE, NY 13202

315-472-7806

QPK #217155.00

ASBESTOS

COLDEN CORPORATION

131 VARICK ST., STE. 1022

NEW YORK, NY 10013

215-240-0366

CIVIL / MEP

GHD

5788 WIDEWATERS PARKWAY

SYRACUSE, NY 13214

315-802-0260

ST. ALBANS NCA COLUMBARIUM

NATIONAL CEMETARY

100% FOR CONSTRUCTION

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

(Provided by Contract Division)

00 00 01

00 00 02

00 10 00

00 21 16

00 22 10

00 24 00

00 45 00

00 72 00

00 90 00

COVER SHEET - INVITATION TO BID

CHECK LIST FOR BIDDERS

SF 1442 AND BIDDING SCHEDULE

INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS

TECHNICAL PROPOSAL DESIGN – BID-BUILD SELECTION PROCEDURES

EVALUATION FACTORS FOR AWARD

REPRESENTATIONS AND CERTIFICATION

CONTRACT CLAUSES

WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 20 00 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

---- SUBMITTAL REGISTER

---- Form 4025-R

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

---- CQC REPORT

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 20.00 18 TESTING FOR MECHAICAL AND ELECTRICAL

01 45 35 SPECIAL INSPECTIONS

---- Statement of Special Inspections

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 58 00 PROJECT IDENTIFICATION

---- PROJECT SIGN

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

01 78 24.00 10 FACILITY DESIGN REQUIREMENTS

01 81 13 SUSTAINABLE CONSTRUCTION REQUIREMENTS

01 91 00.15 TOTAL BUILDING COMMISSIONING

DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION AND SITE CLEARING

02 82 13.00 10 ASBESTOS ABATEMENT

02 84 16 HANDLING OF LIGHTING BALLASTS & LAMPS CONTAINING PCBs & MERCURY

02 84 33 REMOVAL AND DISPOSAL OF POLYCHLORINATED BIPHENYLS (PCBs)

DIVISION 03 – CONCRETE

03 30 53 CAST-IN-PLACE CONCRETE

03 48 21 PRECAST CONCRETE BURIAL VAULTS

03 48 24 PRECAST CONCRETE COLUMBARIUM UNITS

03 48 26 CONCRETE MEMORIAL WALL UNITS

DIVISION 04 – MASONRY

04 05 13 MASONRY MORTARING

04 05 16 MASONRY GROUTING

04 20 00 UNIT MASONRY

04 43 00 NATURAL STONE VENEER

04 73 00 COLUMBARIUM NICHE COVERS

04 73 10 MEMORIAL WALL MARKERS

DIVISION 05 – METALS

05 12 00 STRUCTURAL STEEL FRAMING

05 31 00 STEEL DECKING

05 40 00 COLD-FORMED METAL FRAMING

05 50 00 METAL FABRICATIONS

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 20 00 FINISH CAREPNTRY

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 08 00 FACILITY EXTERIOR CLOSURE COMMISSIONING

07 11 13 BITUMINOUS DAMPPROOFING

07 14 16 COLD FLUID-APPLIED WATERPROOFING

07 19 00 ANTI-GRAFFITI COATINGS

07 21 13 THERMAL INSULATION

07 22 00 ROOF DECK INSULATION

07 25 00 WEATHER BARRIERS

07 31 13 ASPHALT SHINGLES

07 53 23 ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING

07 60 00 FLASHING AND SHEET METAL

07 71 00 ROOF SPECIALTIES

07 92 00 JOINT SEALANTS

DIVISION 08 – OPENINGS

08 11 13 HOLLOW METAL DOORS AND FRAMES

08 14 00 INTERIOR WOOD DOORS

08 31 13 ACCESS DOORS AND FRAMES

08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

08 71 00 DOOR HARDWARE

08 80 00 GLAZING

08 90 00 LOUVERS AND VENTS

DIVISION 09 – FINISHES

09 22 16 NON-STRUCTURAL METAL FRAMING

09 29 00 GYPSUM BOARD

09 30 13 TILING

09 51 00 ACOUSTIC CEILINGS

09 65 13 RESILIENT BASE AND ACCESSORIES

09 68 00 CARPETING

09 91 00 PAINTING

DIVISION 10 – SPECIALTIES

10 14 00 EXTERIOR SIGNAGE

10 21 13 TOILET COMPARTMENTS

10 21 16 BIRD SPIKE SYSTEM

10 28 00 TOILET AND BATH ACCESSORIES

10 75 00 FLAGPOLES

DIVISION 22 – PLUMBING

22 05 11 COMMON WORK RESULTS FOR PLUMBING

22 05 19 METERS AND GAGES FOR PLUMBING PIPING

22 05 23 GENERAL-DUTY VALVES FOR PLUMBING PIPING

22 08 00 COMMISSIONING OF PLUMBING SYSTEMS

22 11 00 FACILITY WATER DISTRIBUTION

22 13 00 FACILITY SANITARY AND VENT PIPING

22 34 00 FUEL-FIRED DOMESTIC WATER HEATERS

22 40 00 PLUMBING FIXTURES

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

23 05 11 COMMON WORK RESULTS FOR HVAC

23 05 41 NOISE AND VIBRATION CONTROL FOR HVAC PIPING

AND EQUIPMENT

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 11 HVAC AND PLUMBING INSULATION

23 23 00 REFRIGERANT PIPING

23 31 00 HVAC DUCTS AND CASINGS

23 34 00 HVAC FANS

23 37 00 AIR OUTLETS AND INLETS

23 72 00 AIR TO AIR ENERGY RECOVERY EQUIPMENT

23 81 00 UNITARY HVAC EQUIPMENT

23 81 43 AIR-SOURCE UNITARY HEAT PUMPS

23 82 39 UNIT HEATERS

DIVISION 26 – ELECTRICAL

26 05 11 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS

26 05 41 UNDERGROUND ELECTRICAL CONSTRUCTION

26 05 73 OVERCURRENT PROTECTIVE DEVICE COORDINATION STUDY

26 08 00 COMMISSIONING OF ELECTRICAL SYSTEMS

26 24 16 PANELBOARDS

26 27 26 WIRING DEVICES

26 29 21 ENCLOSED SWITCHES AND CIRCUIT BREAKERS

26 41 00 FACILITY LIGHTNING PROTECTION

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

DIVISION 27 – COMMUNICATIONS

27 05 00 COMMON WORK RESULTS FOR COMMUNICATIONS

27 05 26 GROUNDING AND BONDING FOR COMMUNICATIONS SYSTEMS

27 05 33 RACEWAYS AND BOXES FOR COMMUNICATIONS SYSTEMS

27 08 00 COMMISSIONING OF COMMUNICATIONS SYSTEMS

27 10 00 STRUCTURED CABLING

27 11 00 COMMUNICATIONS EQUIPMENT ROOM FITTINGS

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

28 08 00 COMMISSIONING OF ELECTRONIC SAFETY AND SECURITY SYSTEMS

28 10 00 ACCESS CONTROL

28 20 00 VIDEO SURVEILLANCE

28 31 00 INTRUSION DETECTION

28 46 00 FIRE DETECTION AND ALARM

DIVISION 31 – EARTHWORK

31 20 00 EARTH MOVING

DIVISION 32 – SITE IMPROVEMENTS

32 05 23 CEMENT AND CONCRETE FOR EXTERIOR IMPROVEMENTS

32 08 00 COMMISSIONING OF PLANTING IRRIGATION SYSTEMS

32 12 16 ASPHALT PAVING

32 14 15 GRANITE CURING

32 14 16 STONE UNIT PAVING

32 17 23 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

32 31 19 DECORATIVE METAL FENCES AND GATES

32 31 40 MOTORIZED GATES

32 33 00 SITE FURNISHINGS

32 84 00 PLANTING IRRIGATION

32 90 00 PLANTING

DIVISION 33 - UTILITIES

33 08 00 COMMISSIONING OF SITE UTILITY SYSTEMS

33 10 00 WATER UTILITIES

33 30 00 SANITARY SEWER UTILITIES

33 40 00 STORM SEWER UTILITIES

33 51 00 NATURAL GAS DISTRIBUTION

APPENDIX

APP-1 GEOTECHNICAL REPORT

APP-2 DRAFT STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

---END OF TOC---

ST ALBANS NATIONAL CEMETERY 217155

SECTION 00 00 01

COVER SHEET

01/18

PART 1 GENERAL

NEW YORK DI STRI CT

CORPS OF ENGI NEERS

NEW YORK, NEW YORK 10278- 0090

I NVI TATI ON FOR BI DS

FOR

NATI ONAL CEMETERY

VA Nat i onal Cemet er y Admi ni st r at i on

St . Al bans, Queens, New Yor k

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-17-F-0030

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 16 ).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 21 16 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00 45 00 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00 45 00 , note in particular the PROHIBITION SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause

(1984 APR).

6. THIS PROJECT IS A MILTARY PROGRAM PROCUREMENT AND IS FUNDED BY THE

DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS (MAY

1993) IN ACCORDANCE WITH FAR 52.225-5 DOES NOT APPLIES.

7. Please review all bonds and accompanying documents required to be submitted. Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all related documents MUST NOT bear computer printer-generated signatures and/or seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be

DOCUMENT 00 00 01 Page 1 accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award.

PART 2 PRODUCTS

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PART 3 EXECUTION

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-- End of Section --

DOCUMENT 00 00 01 Page 2

SECTION 00 00 02

CHECK LIST FOR BIDDERS

01/18

PART 1 GENERAL

ATTACHED IS IFB NO. W912DS-[___]

NATI ONAL CEMETERY

VA Nat i onal Cemet er y Admi ni st r at i on St . Al bans, Queens, New Yor k

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED

TO THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU

IN SUBMITTING A PROPER BID

____HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

____HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION

00 45 00) PORTION OF THE SOLICITATION?

____IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

____IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY

AND ARE ALL SEALS AFFIXED?

____DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND SEALS

AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER

PRINTER-GENERATED SIGNATURES AND/OR SEALS?

____HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING

THE PROVISIONS OF THE SOLICITATION?

____WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM?

(THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

____ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

____IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY

INITIALED BY THE PERSON SIGNING THE BID?

____DOES THE ELECTRONIC FILE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT

IS A SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER

AND BID OPENING TIME?

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

THE SOLICITATION.)

NOTE: DUE TO THE ONGOING COVID-19 PANDEMIC USACE NYD WILL BE

RECEIVING PROPOSALS ELECTRONICALLY. BIDDERS MUST FOLLOW THE

INSTRUCTIONS BELOW TO SUBMIT TO SUBMIT THEIR PROPOSALS TO THE

FOLLOWING FILES TRANSFER SITE HTTPS://SAFE.APPS.MIL/ .

DOCUMENT 00 00 02 Page 1

1. RECIPIENTS' NAMES AND ADDRESSES: AT THE SAFE WEBSITE, BIDDERS MUST

USE THE DROP OFF ICON. THE RECIPIENTS' NAMES AND EMAIL ADDRESSES

WILL BE PROVIDED IN THE SOLICITATION.

2. REQUEST FOR UPLOAD CODE: OFFERORS MUST EMAIL THE CONTRACT

SPECIALIST NO LATER THAN TWO (2) WORKING DAYS PRIOR TO THE

PROPOSAL DUE DATE TO RECEIVE A REQUEST CODE WHICH WILL ALLOW FOR

FILE UPLOADS VIA THE SAFE SITE. CONTRACTORS THAT FAIL TO EMAIL

FOR REQUEST A CODE TWO (2) WORKING DAYS BEFORE PROPOSAL SUBMISSION

DATE MAY NOT BE ABLE TO RECEIVE A REQUEST CODE IN TIME TO UPLOAD

THEIR SUBMISSION.

3. WEBSITE ACCESS ISSUES: PROBLEMS ACCESSING THE DOD SAFE SITE BY

EXTERNAL (NON-CAC) USERS ARE TYPICALLY DUE TO SSL AND/OR CLIENT

CERTIFICATE ISSUES. IF THE USER RECEIVES A WARNING ABOUT A PROBLEM

WITH THE WEBSITE'S SECURITY CERTIFICATE, THIS IS BECAUSE THEIR

BROWSER IS NOT CONFIGURED TO TRUST THE DOD CERTIFICATE

AUTHORITIES. THE USER CAN EITHER IMPORT THE DOD CERTIFICATE

AUTHORITIES BY FOLLOWING THE INSTRUCTIONS IN THE DOD PKI PMO'S

GUIDE ON INSTALL ROOT OR THEY CAN ACCEPT THE RISK AND CLICK ON THE

OPTION TO CONTINUE TO THE WEBSITE. THE CURRENT GUIDE ON INSTALL

ROOT CAN BE FOUND PROBLEMS ACCESSING THE DOD SAFE SITE BY NON-CAC

USERS - HTTPS://SAFE.APPS.MIL/ABOUT.PHP

4. INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS: IN AN EFFORT TO

REDUCE PAPERWORK AND COST, ALL BIDS SHALL BE SUBMITTED

ELECTRONICALLY THROUGH THE SAFE SITE. SUBMISSION SHALL BE IN

ADOBE PDF FORMAT. YOU ARE LIMITED TO FIVE (5) MAXIMUM FILES PER

UPLOAD (TOTAL SIZE CANNOT EXCEED 2GB). IF YOU HAVE A LARGE NUMBER

OF FILES, RECOMMEND THAT YOU COMBINE OR ZIP YOUR FILES BEFORE

UPLOADING TO THE SAFE SITE. BIDDERS MAY USE COMPRESSION UTILITY

SOFTWARE SUCH AS WINZIP OR PKZIP TO REDUCE FILE SIZE AND

FACILITATE TRANSMISSION.

5. FILE DESCRIPTION: INCLUDE A “FILE DESCRIPTION” FOR EACH FILE(S)

YOU UPLOAD. THE “FILE DESCRIPTION” WILL BE INCLUDED IN THE EMAIL

NOTICE TO EACH OF THE RECIPIENTS YOU CHOOSE TO HAVE ACCESS YOUR

FILE(S). NOTE: DO NOT ENTER PRIVACY ACT DATA (PERSONAL

IDENTIFICATION INFORMATION (PII)) IN THE FILE DESCRIPTION.)

6. COST AND TECHNICAL PROPOSAL: PLEASE UPLOAD/SUBMIT YOUR COST AND

TECHNICAL PROPOSALS AS TWO SEPARATE PDF DOCUMENTS AND ENSURE THEY

ARE LABELED CORRECTLY.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE

1. ONCE AT THE SAFE WEBSITE SELECT THE “DROP-OFF” ICON. THIS ALLOWS

USERS WITHOUT A CAC OR USERS WHOSE COMPUTER IS NOT CONFIGURED TO

READ A CAC THE OPTION TO ACCESS THE SAFE SITE AS A GUEST.

2. AFTER SELECTING THE “CLICK HERE” LINK YOU WILL BE PROMPTED TO ADD

YOUR PERSONAL INFORMATION, FILE INFORMATION, RECIPIENT (GOVERNMENT

REPRESENTATIVE) INFORMATION AND EMAIL SETTINGS.

3. WHEN COMPLETING YOUR FILE INFORMATION FOR TRANSMITTAL VIA THE SAFE

WEBSITE, YOU WILL BE REQUIRED TO ENTER THE EMAIL ADDRESS FOR ALL

RECIPIENTS. THE RECIPIENTS INFORMATION WILL BE PROVIDED IN THE

SOLICITATION.

DOCUMENT 00 00 02 Page 2

PART 2 PRODUCTS

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DOCUMENT 00 00 02 Page 3

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

03/18

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 10 00 Page 1

LEFT BLANK INTENTIONALLY

DOCUMENT 00 10 00 Page 2

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 21 16 Page 1

DOCUMENT 00 21 16 Page 2

SECTION 00 22 10

TECHNICAL PROPOSAL DESIGN -BID-BUILD SELECTION PROCEDURES

09/17

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 22 10 Page 1

DOCUMENT 00 22 10 Page 2

SECTION 00 24 00

EVALUATION FACTORS FOR AWARD

06/17

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 24 00 Page 1

DOCUMENT 00 24 00 Page 2

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 45 00 Page 1

DOCUMENT 00 45 00 Page 2

SECTION 00 72 00

CONTRACT CLAUSES

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 72 00 Page 1

DOCUMENT 00 72 00 Page 2

Document 00 73 00.00 18 Page 1

SECTION 00 73 00.00 18

SPECIAL CONTRACT REQUIREMENTS

03/15

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP-1110-1-8 (2016) Construction Equipment Ownership and

Operating Expense Schedule

1.2 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, not later than 365 calendar days after the date the Contractor receives the notice to proceed. 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 Department of Veterans Affairs St. Albans, Queens, NY.

c. The Contractor shall furnish all labor, materials, equipment, and services for the following work: design and construction for 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.

1.3 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

This project is estimated between $9,000,000 and $10,000,000.

1.4 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 $4,146.00 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

Document 00 73 00.00 18 Page 2 time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

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

$1,037.00 per day commencing after 30 days of project transfer or after date required for project completion (including all extensions), whichever occurs later.

1.5 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.

1.6 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/

1.7 WARRANTY OF CONSTRUCTION: (APR 1984)

a. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or

Document 00 73 00.00 18 Page 3 workmanship performed by the Contractor or any subcontractor or supplier at any tier.

b. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the

Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of:

(1) The Contractor's failure to conform to contract requirements, or;

(2) Any defect of equipment, material, workmanship, or design furnished.

d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

e. Contracting officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

f. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

(1) Obtain all warranties that would be given in normal commercial practices:

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting officer.

h. In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a sub-contractor's, manufacturer's, or supplier's warranty.

i. Unless a defect is caused by the negligence of the Contractor or sub-contractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the

Government or for the repair of any damage that result from the defect in Government-furnished material or design.

j. This warranty shall not limit the Government's rights under the

Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)

Document 00 73 00.00 18 Page 4

1.8 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.

1.9 BID GUARANTEE

See contract clause entitled BID GUARANTEE in Specifications section 00 72

00 CONTRACT CLAUSES.

1.10 CONTRACT DRAWINGS AND SPECIFICATIONS

See contract clause entitled CONTRACT DRAWINGS AND SPECIFICATIONS in

Specifications section 00 72 00 CONTRACT CLAUSES.

1.11 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.

1.12 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 any 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, Queens, NY

Mean Annual Temperature: 55 degrees F.

Mean Annual Precipitation: 46 inches

1.13 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.

Document 00 73 00.00 18 Page 5

1.14 TIME EXTENSIONS (APR 1984)

a. Notwithstanding any other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, 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. ADVERSE WEATHER FOR WORK: 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

13 11 10 10 9 6 7 6 7 9 10 15

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 any qualifying delays to calendar

Document 00 73 00.00 18 Page 6 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)”.

1.15 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 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).

(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

Document 00 73 00.00 18 Page 7 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 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

Document 00 73 00.00 18 Page 8 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.

1.16 PAYMENTS FOR MATERIALS DELIVERED OFF-SITE (52.232-5000)

(a) Pursuant to FAR 52.232-5, Payments Under Fixed Price Construction

Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials which have been approved, if required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the items delivered off site.

1.17 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-

BACON ACT CERTIFIED LABOR PAYROLLS (JULY 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the

Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in

FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH

DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the

Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis- Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic

Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the

Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially

Document 00 73 00.00 18 Page 9 available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the Resident Management System

Contractor Mode (RMS CM) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management

System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the

Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for

Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

1.18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See

USACE Acquisition Instructions (UAI) 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the

Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP-1110-1-8, Region I. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR

31.105(d)(2) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

Document 00 73 00.00 18 Page 10

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

Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.19 PERFORMANCE EVALUATION OF CONTRACTOR

(a) As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

(b) The format for the evaluation will be SF Form 2626, and the Contractor will be rated, either, outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and

Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance

Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining Contractor responsibility, in compliance with DFARS 236.201.

(c) A similar evaluation for subcontractors will be prepared if the

Government deems it to be appropriate.

1.20 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.

1.21 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 11

1.22 PRICING OF CONTRACTOR-FURNISHED AND INSTALLED PROPERTY AND GOVERNMENT-

FURNISHED CONTRACTOR-INSTALLED PROPERTY

The contractor shall promptly furnish and shall cause any sub-contractor or supplier to furnish, in like manner, unit prices and descriptive data required by the Government for Property Record purposes of fixtures, and equipment furnished and/or installed by the contractor or subcontractor, except prices do not need to be provided for Government-furnished Property.

This information shall be listed in the RMS CQC Module furnished by the

Government.

1.23 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.

1.24 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.

Document 00 73 00.00 18 Page 12

(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.

1.25 CONNECTION WITH WORK OF OTHER CONTRACTS

During the period of this contract, other contracts may be in force for the construction of other features of work on or adjacent to the site of work being accomplished under this contract. The Contractor shall arrange his plant and shall schedule and perform the work as to effectively cooperate with all other contractors and Government agencies. It is the Contractor's responsibility to know the extent of the limits of his contract. No direct or extra compensation will be allowed on account of the cooperation required.

a. At all points of connection with work of other contracts, the Contractor shall have weekly coordination meetings until all connections have been completed with the adjoining contractor(s) to insure proper and timely connections.

b. Where the work under this contract is completed before that of the adjoining contractor, the Contractor shall terminate his work in an approved manner ready for future connection by the adjoining contractor. Pipes and conduits shall be closed with suitable caps or plugs that will prevent entry of dirt or debris, but that are readily removable when final connections are made. For underground lines that are back-filled, approved type markers that extend above the ground surface shall be provided to facilitate future location of the lines by the adjoining contract.

c. Where the work of the adjoining contractor is already in place, the

Contractor shall perform all work required to effect the necessary connection, including locations of underground lines, removing of caps, Document 00 73 00.00 18 Page 13 providing necessary adapters or joining pieces, and all related incidental work for necessary for a proper, secure connection.

1.26 CLAIMS PROCESSING PROCEDURES

The following shall be submitted to the Contracting Officer at the following address: US Army Corps of Engineers, New York District, 26 Federal Plaza, Room 1843, NY, NY 10278-0090:

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

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

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

No other Government representative is authorized to accept such a request.

A copy shall also be provided to the authorized Contracting Officer's

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

1.27 SCHEDULING AND DETERMINATION OF PROGRESS

Pursuant to the contract clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, the

Contractor shall prepare and submit for approval a practicable project schedule.