R0001.pdf

W68MD952458984

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

W912DW-16-B-0001 FY16 Chief Joseph Dam Intake Gate Repair Pit, Bridgeport, WA

(see continuation page)

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 30-Dec-2015

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 W912DW-16-B-0001

X 9B. DATED (SEE ITEM 11)

23-Dec-2015

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 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

30-Dec-2015

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-16-B-0001

CONTINUATION PAGE

1. This amendment one (0001) provides for revisions to the following: Bid Schedule, Section 00 73 00 Special Clauses, Section 01 22 00.00 10 Measurement and Payment, and Section 01 32 01.00 10 Project Schedule.

2. The date and time of bid opening of January 26, 2016 at 9:00:00 a.m.. LOCAL TIME remains the same.

3. The attached revised sections are to be replaced in their entirety. Specifications changes are generally identified, for convenience, either by strikeout for deletions, and double underlining of text for additions or a single dark line in the margin. All portions of the revised sections shall apply whether or not changes have been indicated.

4. NOTICE TO BIDDERS: Bidders must acknowledge receipt of this amendment by number and date on bid.

Please mark outside of envelope in which your bid is enclosed to show amendment received.

Encl:

Schedule (revised) 00 73 00 (revised) 01 22 00.00 10 (revised) 01 32 01.00 10 (revised)

FY16 Intake Gate Repair Pit 15007 Chief Joseph Dam, WA W912DW-16-B-0001

W912DW-16-B-0001 00 11 00 - 5 R0001

BID SCHEDULE

CLIN

Item Description of Item

Quan tity Unit Unit Price Amount

All costs for material fabrications and delivery to job site.

JOB

N/A

0002 All work associated with mobilization and demobilization.

1 JOB N/A $___________________

0003 All work associated with demolition and removal of existing piping, air lines, conduit, platform structures, and all associated components.

1 JOB N/A $___________________

All work associated with installation of new platforms, columns, and all associated structural components.

1 JOB N/A $___________________

0005 All work associated with installation of new weld outlets, receptacles, lighting, fans, and all associated electrical components.

1 JOB N/A $___________________

0006 All work associated with installation of new jib crane, air lines, plumbing, and all associated mechanical components.

1 JOB N/A $___________________

0007 All work for O&M manuals as specified in Section 01 78 23

OPERATIONS AND MAINTENANCE

MANUALS from preparation to final approval.

1 JOB N/A $50,000

0008 All work for As‐Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.

1 JOB N/A $20,000

0009 All work for DD 1354 as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.

1 JOB N/A $10,000

TOTAL ALL ITEMS 0001‐0009 $___________________

This page intentionally blank

FY16 Intake Gate Repair Pit 15007

W912DW-16-B-0001 00 11 00 - 6 R0001

NOTES:

1) 100% Design Projects cannot be altered, changed, or re‐designed in any way. No alternate proposals will be accepted.

2) To better facilitate the receipt and proposal process, all modifications to proposals shall be submitted on copies of the latest Bid Schedule as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, Offeror should state their revised prices for each item.

3) Offeror must insert a price on all entry amount lines of numbered items of the Bid Schedule. Failure to do so may result in the offer being unacceptable.

4) The dollar amount established in Item Nos. 0007, 0008, and 0009 shall not be revised by Offeror.

END BID SCHEDULE

CJD Intake Gate Repair Pit 15007

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

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

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15)

1.4 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

1.4.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

1.5 PHYSICAL DATA (FAR 52.236-4)

1.6 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

1.7 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5000)

1.8 FIELD OFFICE OVERHEAD

1.9 FIELD OFFICE OVERHEAD - PER DIEM RATE

1.10 FIELD OFFICE OVERHEAD - PERCENTAGE MARKUP

1.11 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

1.12 EPA ENERGY STAR

1.13 RECOVERED MATERIALS

1.14 PROPRIETARY REFERENCES

1.15 PERFORMANCE EVALUATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 73 00 Page 1 R0001

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

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

The Contractor shall be required to (a) commence work under this Contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than two hundred and ten (210) calendar days for base construction period after date of receipt by Contractor of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

a. If the Contractor fails to complete the work within the time for items noted in Paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK above, the Contractor shall pay liquidated damages to the Government in the amount of $1,222 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause of the CONTRACT CLAUSES.

1.3 COLVILLE TRIBAL ORDINANCES

a. Pursuant to the PERMITS AND RESPONSIBILITIES Clause (52.236-7) of the Contract Clauses, Government contractors are required to comply with all laws, codes, and regulations applicable to the performance of the work. Pursuant to the FEDERAL, STATE, AND LOCAL TAXES Clause (52.229-3) of the Contract Clauses, the Contract price is to include all applicable taxes and duties. The Confederated Tribes of the Colville Reservation (Tribe) has promulgated a "TRIBAL EMPLOYMENT RIGHTS" Ordinance (Title 10 Employment and Contracting). The Government will not reimburse Contractors for additional costs as a result of the Ordinance. Such costs, if applicable, should be reflected in the Contract price.

b. For additional information regarding Colville Tribal Ordinance call Larry Jordan, Colville Tribe TERO Program, telephone (509) 634-2735.

c. The Government has made a determination that the fee in "Title 10 Employment and Contracting" at 10-1-26 and the employment provisions are not applicable to either the United States or its contractors. The fee set forth at 10-1-26 should therefore not be included in the contract proposal.

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15)

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "Default (Fixed Price Construction)". In order for the

DOCUMENT 00 73 00 Page 2 R0001

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.

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.

CHIEF JOSEPH DAM MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

| 14 12 9 5 2 2 1 1 2 5 9 13 |

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, the Contractor shall 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 Contractors' scheduled work day.

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, as mentioned above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract clause entitled "Default (Fixed Price Construction)".

1.4 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this Contract, at least the kinds and minimum amounts of insurance required in the Insurance Liability Schedule or elsewhere in the Contract.

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

1. For such period as the laws of the State in which this Contract is to be performed prescribe; or

DOCUMENT 00 73 00 Page 3 R0001

2. Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph, 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.

1.4.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

a. Workers' compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when Contract operations are so commingled with a Contractor's commercial operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General Liability:

1. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

2. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

c. Automobile liability: The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

d. Aircraft public and passenger liability: When aircraft are used in connection with performing the Contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

e. Vessel liability: When Contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

DOCUMENT 00 73 00 Page 4 R0001

f. Environmental Liability: If this Contract includes the transport, treatment, storage, or disposal of hazardous material waste the following coverage is required.

The Contractor shall ensure the transporter and disposal facility have liability insurance if effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000.00 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.

1.5 PHYSICAL DATA (FAR 52.236-4)

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

a. Physical Conditions: The indications of physical conditions on the drawings and in the specifications are the result of site investigations by test pits shown on the drawings.

b. Weather Conditions: Each bidder shall be satisfied before submitting his bid as to the hazards likely to arise from weather conditions.

Complete weather records and reports may be obtained from any National Weather Service Office.

c. Transportation Facilities: Each bidder, before submitting his bid, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

d. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition.

Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense.

1.6 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

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

DOCUMENT 00 73 00 Page 5 R0001

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VIII (Oregon, Washington, and Idaho. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

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

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small acquisition threshold (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.

1.7 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5000)

a. Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced 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 will be limited to:

1. Materials 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

3. Items specifically listed below.

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. Payment for materials delivered off-site shall be limited to the following items:

DOCUMENT 00 73 00 Page 6 R0001

None

Any construction materials stored off-site may be considered in determining the amount of a progress payment.

1.8 FIELD OFFICE OVERHEAD

Notice to Offerors: You must declare the accounting practice that you apply to Contracts to calculate field office overhead for all change orders, modifications, and requests for equitable adjustment. Pursuant to Federal Acquisition Regulation (FAR) Parts 31.105(d)(3) and 31.203(d)(1), an accounting practice that varies from modification to modification is not allowable. Select one of the following:

a. If you use Time Distribution Base for Per Diem Rate practice, see Special Contract Requirement "Field Office Overhead - Per Diem Rate".

b. If you use Direct Cost Distribution Base for a Percentage Mark-up practice, see Special Contract Requirement "Field Office Overhead - Percentage Markup".

c. If you choose Other Accounting Practice That is Allowed Under the FAR and That Uses a Single Distribution Base, you must describe the accounting practice in sufficient detail below to allow the Contracting Officer to determine what accounting practice is being utilized by your company and that it complies with the criteria for acceptable accounting practices as set out in FAR Parts 31.105(d)(3) and 31.203(d)(1).

1.9 FIELD OFFICE OVERHEAD - PER DIEM RATE

The Contracting Officer shall make an equitable adjustment and modify the Contract in writing for any change to the Contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the Contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its Bid Schedule.

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a Contractor indicates that it follows a per diem basis, no overhead percentage markup rate for office overhead costs shall be allowed.

Under such an equitable adjustment, the Contractor shall be reimbursed for field office overhead on a per diem basis when the completion of the Contract is extended by reason of the change issued under any clause, except the Default clause, subject to the Contractor substantiating the variable expense by providing a detailed breakdown of its proposed increase or decrease of costs as required by the Contract Clause DFARS 252.236-7001 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN. No payment of field office overhead on a per diem basis shall be allowed for any change when the completion of the Contract is not extended by reason of the change.

1.10 FIELD OFFICE OVERHEAD - PERCENTAGE MARKUP

The Contracting Officer shall make an equitable adjustment and modify the

DOCUMENT 00 73 00 Page 7 R0001

Contract in writing for any change to the Contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the Contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its Bid Schedule.

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a Contractor indicates that it follows a percentage basis, no per diem rate for office overhead costs shall be allowed.

Under such an equitable adjustment, payment of office overhead costs shall be allowed for any change on a percentage markup basis regardless of whether the completion of the Contract is, or, is not, extended by reason of the change, except for modifications issued pursuant to the Default Clause. The Contractor shall provide a detailed breakdown of its proposed increase or decrease of costs as required by Contract Clause DFARS

252.236-7001 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN.

1.11 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

a. The Government will provide to the Contractor, without charge, one set of Contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. The Contractor shall:

1. Check all drawings furnished immediately upon receipt;

2. Compare all drawings and verify the figures before laying out the work;

3. Promptly notify the Contracting Officer of any discrepancies;

4. Be responsible for any errors which might have been avoided by complying with this paragraph (b); and

5. Reproduce and print Contract drawings and specifications as needed.

c. In general:

1. Large scale drawings shall govern small scale drawings; and

2. The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the specifications and the Contract drawings identified in the index of drawings attached at the end of this

DOCUMENT 00 73 00 Page 8 R0001 section.

1.12 EPA ENERGY STAR

The Government requires that certain equipment be Energy Star compliant.

Initially, the sole Energy Star requirement shall be the self-certification by the bidder that the specified equipment is Energy Star compliant. Within 3 months of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.

1.13 RECOVERED MATERIALS

The Corps of Engineers encourages all bidders to utilize recovered materials to the maximum extent practicable. The attached APPENDIX R contains procurement guidelines for products containing recovered materials.

1.14 PROPRIETARY REFERENCES

All items specified on a brand name basis are to indicate the general type desired based on level of quality, and are not intended to restrict selection to products of any particular manufacturer.

1.15 PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction Contractor's performance shall be evaluated throughout the performance of the Contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction Contracts awarded at or above $700,000.00, the USACE will evaluate Contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for Contacting vendors can be found on the web site:

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

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

DOCUMENT 00 73 00 Page 9 R0001

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APPENDIX R

PART 247 - COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS CONTAINING

RECOVERED MATERIALS

40 CFR Ch. 1

Subpart B-Item Designations

§ 247.10 Paper and Paper Products

Paper and paper products, excluding building and construction paper grades

§ 247.11 Vehicular Products

a. Lubricating oils containing re-refined oil, including engine lubricating oils, hydraulic fluids, and gear oils, excluding marine and aviation oils.

b. Tires, excluding airplane tires.

c. Reclaimed engine coolants, excluding coolants used in non-vehicular applications.

d. Rebuilt vehicular parts.

(60 FR 21381, May 1, 1995, as amended at 69 FR 24038, Apr. 30, 2004)

§ 247.12 Construction Products

a. Building insulation products, including the following items:

1. Loose-fill insulation, including but not limited to cellulose fiber, mineral fibers (fiberglass and rock wool), vermiculite, and perlite;

2. Blanket and batt insulation, including but not limited to mineral fibers (fiberglass and rock wool);

3. Board (sheathing, roof decking, wall panel) insulation, including but not limited to structural fiberboard and laminated paperboard products, perlite composite board, polyurethane, polyisocyanurate, polystyrene, phenolics, and composites; and

4. Spray-in-place insulation, including but not limited to foam-in-place polyurethane and polyisocyanurate, and spray-on cellulose.

b. Structural fiberboard and laminated paperboard products for applications other than building insulation, including building board, sheathing, shingle backer, sound deadening board, roof insulating board, insulating wallboard, acoustical and non-acoustical ceiling tile, acoustical and non-acoustical lay-in panels, floor underlayments, and roof overlay (coverboard).

c. Cement and concrete, including concrete products such as pipe and block containing:

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1. Coal fly ash;

2. Ground granulated blast furnace slag (GGBF);

3. Cenospheres; or

4. Silica fume from silicon and ferrosilicon metal production.

d. Carpet made from polyester fiber made from recovered materials for use in moderate-wear applications such as single-family housing and similar wear applications.

e. Floor tiles and patio blocks containing recovered rubber or plastic.

f. Shower and restroom dividers/partitions containing recovered plastic or steel.

g. Consolidated latex paint used for covering graffiti; and reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceilings, and trim; gutter boards; and concrete, stucco, masonry, wood, and metal surfaces.

h. Carpet cushion made from bonded polyurethane, jute, synthetic fibers, or rubber containing recovered materials.

i. Flowable fill containing coal fly ash and/or ferrous foundry sands.

j. Railroad grade crossing surfaces made from cement and concrete containing fly ask, recovered rubber, recovered steel, recovered wood, or recovered plastic.

k. Modular threshold ramps containing recovered steel, rubber, or aluminum.

l. Nonpressure pipe containing recovered steel, plastic, or cement.

m. Roofing materials containing recovered steel, aluminum, fiber, rubber, plastic or plastic composites, or cement.

(60 FR 21381, May 1, 1995, as amended at 62 FR 60974, Nov. 13, 1997; 65 FR 3081, Jan. 19, 2000; 69 FR 24038, Apr. 30, 2004)

§ 247.13 Transportation Products

a. Traffic barricades and traffic cones used in controlling or restricting vehicular traffic.

b. Parking stops made from concrete or containing recovered plastic or rubber.

c. Channelizers containing recovered plastic or rubber.

d. Delineators containing recovered plastic, rubber, or steel.

e. Flexible delineators containing recovered plastic.

(60 FR 21381, May 1, 1995, as amended at 62 FR 60974, Nov. 13, 1997; 65 FR 3081, Jan. 19, 2000)

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§ 247.15 Landscaping Products

a. Hydraulic mulch products containing recovered paper or recovered wood used for hydroseeding and as an over-spray for straw mulch in landscaping, erosion control, and soil reclamation.

b. Compost made from yard trimmings, leaves, grass clippings, and/or food waste for use in landscaping, seeding of grass or other plants on roadsides and embankments, as a nutritious mulch under trees and shrubs, and in erosion control and soil reclamation.

c. Garden and soaker hoses containing recovered plastic or rubber.

d. Lawn and garden edging containing recovered plastic or rubber.

e. Plastic lumber landscaping timbers and posts containing recovered materials.

(60 FR 21381, May 1, 1995, as amended at 62 FR 60974, Nov. 13, 1997; 65 FR 3081, Jan. 19, 2000)

§ 247.16 Non-paper Office Product

a. Office recycling containers and office waste receptacles.

b. Plastic desktop accessories.

c. Toner cartridges.

d. Plastic-covered binders containing recovered plastic; chipboard and pressboard binders containing recovered paper; and solid plastic binders containing recovered plastic.

e. Plastic trash bags.

f. Printer ribbons.

g. Plastic envelopes.

h. Plastic clipboards containing recovered plastic.

i. Plastic file folders containing recovered plastic.

j. Plastic clip portfolios containing recovered plastic.

k. Plastic presentation folders containing recovered plastic.

l. Office furniture containing recovered steel, aluminum, wood, agricultural fiber, or plastic.

(60 FR 21381, May 1, 1995, as amended at 62 FR 60974, Nov. 13, 1997; 65 FR 3081, Jan. 19, 2000; 69 FR 24038, Apr. 30, 2004)

§ 247.17 Miscellaneous Products

a. Pallets containing recovered wood, plastic, or paperboard.

b. Sorbents containing recovered materials for use in oil and solvent clean-ups and as animal bedding.

DOCUMENT 00 73 00 Page 13 R0001

c. Industrial drums containing recovered steel, plastic, or paper.

d. Awards and plaques containing recovered glass, wood, paper, or plastic.

e. Mats containing recovered rubber and/or plastic.

f. Non-road signs containing recovered plastic or aluminum and road signs containing recovered aluminum, and sign supports and posts containing recovered plastic or steel.

g. Manual-grade strapping containing recovered steel or plastic.

h. Bike racks containing recovered steel or plastic.

i. Blasting grit containing recovered steel, coal and metal slag, bottom ash, glass, plastic, fused alumina oxide, or walnut shells.

(62 FR 60974, Nov. 13, 1997, as amended at 65 FR 3081, Jan. 19, 2000; 69 FR 24038, Apr. 30, 2004)

-- End of Section --

DOCUMENT 00 73 00 Page 14 R0001

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 GENERAL INFORMATION

1.2 BASE ITEMS

1.2.1 Item No. 0001

1.2.2 Item No. 0002

1.2.3 Item No. 0003

1.2.4 Item No. 0004

1.2.5 Item No. 0005

1.2.6 Item No. 0006

1.2.7 Item No. 0007

1.2.8 Item No. 0008

1.2.9 Item No. 0009

1.3 PROGRESS PAYMENT INVOICE

1.4 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

1.4.1 Contractor POC

1.4.2 Responsibilities

1.4.3 Certification

1.5 PROPOSED PROJECT MODIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 22 00.00 10 Page 1 R0001

SECTION 01 22 00.00 10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 GENERAL INFORMATION

Payment items for the work of this Contract for which payments will be made are listed in the bid schedule and described below. The Contract price for each item shall constitute full compensation for furnishing all plant, labor, materials, appurtenances, and incidentals and performing all operations necessary to construct and complete the items in accordance with these specifications and the applicable drawings, including surveying performed by the Contractor. Transport and dispose of all construction waste off-site.

All costs for items of work, which are not specifically mentioned to be included in a particular payment item, shall be included in the listed job item most closely associated with the work involved. Work paid for under one item will not be paid for under any other item. No separate payment will be made for the work, services, or operations required by the Contractor, as specified in DIVISION 01 - GENERAL REQUIREMENTS, to complete the project in accordance with these specifications; all costs thereof shall be considered as incidental to the work. No payment will be made for repair of damage resulting from Contractor operations.

1.2 BASE ITEMS

1.2.1 Item No. 0001

Payment will be made at the Contract job price for: All costs for material fabrications and delivery to job site. Payment shall constitute full compensation for Item No. 0001, complete.

1.2.2 Item No. 0002

Payment will be made at the Contract job price for: All work associated with mobilization and demobilization. Payment shall constitute full compensation for work under this item complete for:

1. Site mobilization of all materials, equipment, prep of sediment pond if utilized, and labor necessary to accomplish the work.

Mobilization will be considered complete after moving onto the site, including complete assembly in working order of all construction equipment, and materials are at the site, and all preparatory work to begin construction is complete. Costs associated with mobilization and demobilization for grout plant, equipment, materials and labor shall be incidental to this item.

2. Site demobilization. Demobilization will be considered complete when the Contractor has removed all construction equipment, post-cleaning of sediment pond if utilized, cleaned the area, and restored the work area to "as-found" pre-contract conditions, including but not limited to planting and seeding, and site restoration and final cleanup in this item of work, unless otherwise approved.

SECTION 01 22 00.00 10 Page 2 R0001

Payment Guidelines. Payment will be made in accordance with the following requirements:

1. All costs connected with mobilization and demobilization will be made at 60 percent of the job item cost for mobilization when complete and at 40 percent of the job item cost for demobilization when complete. All costs connected with any Contracting Officer directed interim mobilization and demobilization will also be paid in accordance with the specified percentage.

2. In the event the Contracting Officer considers that the amount in this item which represents mobilization, does not bear a reasonable relation to the cost of the work in this Contract, the Contracting Officer may require the Contractor to produce cost data to justify this portion of the bid. Failure to justify such price to the satisfaction of the Contracting Officer will result in payment of actual mobilization costs, as determined by the Contracting Officer at the completion of mobilization, and payment of the remainder of this item in the final payment under this Contract. The determination of the Contracting Officer is not subject to appeal.

1.2.3 Item No. 0003

Payment will be made at the Contract job price for: All work associated with demolition and removal of existing piping, air lines, conduit, platform structures, and all associated components. Payment shall constitute full compensation for Item No. 0003, complete.

1.2.4 Item No. 0004

Payment will be made at the Contract job price for: All work associated with installation of new platforms, columns, and all associated structural components. Payment shall constitute full compensation for Item No. 0004, complete.

1.2.5 Item No. 0005

Payment will be made at the Contract job price for: All work associated with installation of new weld outlets, receptacles, lighting, fans, and all associated electrical components. Payment shall constitute full compensation for Item No. 0005, complete.

1.2.6 Item No. 0006

Payment will be made at the Contract job price for: All work associated with installation of new jib crane, air lines, plumbing, and all associated mechanical components. Payment shall constitute full compensation for Item No. 0006, complete.

1.2.7 Item No. 0007

Payment will be made at the contract job price for: All work for O&M manuals as specified in Section 01 78 23 OPERATIONS AND MAINTENANCE MANUALS from preparation to final approval. No partial or total payment will be made for this item until all O&M manuals are fully approved by the Government and all copies of final manuals are received by the Government in their final binders. Payment shall constitute full compensation for

SECTION 01 22 00.00 10 Page 3 R0001

Item No. 0007, complete.

1.2.8 Item No. 0008

Payment will be made at the contract job price for: All work for As-Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval. No partial or total payment will be made for this item until the as-built drawings are fully approved by the Government and all copies of approved drawings and electronic media are received by the Government. Payment shall constitute full compensation for Item No. 0008, complete.

1.2.9 Item No. 0009

Payment will be made at the contract job price for: All work for DD 1354 as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval. No partial or total payment will be made for this item until the 1354 Checklist is fully approved by the Government and all copies of approved lists are received by the Government. Payment shall constitute full compensation for Item No. 0009, complete.

1.3 PROGRESS PAYMENT INVOICE

Requests for payment shall be submitted in accordance with Federal Acquisition Regulations (FAR) Subpart 32.9, entitled "PROMPT PAYMENT", and Clauses 52.232-5 and 52.232-27, entitled "Payments Under Fixed-Price Construction Contracts", and "Prompt Payment for Construction Contracts", respectively. In addition each request shall be submitted in the number of copies and to the designated billing office as shown in the Contract.

When submitting payment requests, complete Blocks 1 through 12 of the "PROGRESS PAYMENT INVOICE" Form as directed by the Contracting Officer (provided in QCS). The completed form shall then become the cover document to which all other support data shall be attached.

One additional copy of the entire request for payment, to include the "PROGRESS PAYMENT INVOICE" cover document , shall be forwarded to a separate address as designated by the Contracting Officer.

Submit with each pay request, a list of subcontractors that have worked during that pay period. The listing shall be broken down into weeks, identifying each subcontractor that has worked during a particular week, and indicate the total number of employees that have worked on site for each subcontractor for each week. The prime Contractor shall also indicate the total number of employees for its on site staff for each week.

1.4 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

1.4.1 Contractor POC

Within 14 days after award of the Contract, designate a point of contact (POC) who will be responsible for the Construction Wage Rate Requirements Program for the Contractor and all subcontractors under this contract as required by the Contract Clauses and FAR 52.222-13.

1.4.2 Responsibilities

The designated Contractor POC shall be responsible for Construction Wage Rate Requirements Program activities including, but not limited to:

SECTION 01 22 00.00 10 Page 4 R0001

a. Documentation and record keeping;

b. Submittal and accuracy of certified payrolls;

c. Submittal of required labor forms including requests for additional classifications and rates, Statements and Acknowledgement, etc.;

d. Posting of the wage determination, approved additional classifications and rates, labor and EEO posters;

e. Coordination with the Contracting Officer's Labor Program POC.

Prior to submittal to the Government, payrolls shall be reviewed for compliance to all applicable labor standards, to include, but not be limited to the following items: correct wage rates, correct overtime classification and pay, misclassification of workers for work actually performed, apprentice to journeyman ratios, and registration of apprentice. Corrective actions shall be taken as necessary to ensure Contractor compliance with applicable contract and FAR clauses.

1.4.3 Certification

The Contractor POC shall provide a signed certification stating the following: "I certify that the submitted items being forwarded have been reviewed in detail and are correct and in strict conformance with the Labor Standards of the contract except as otherwise stated."

1.5 PROPOSED PROJECT MODIFICATIONS

Price proposals for contract modifications shall be submitted in accordance with the requirements of the Contract Clause MODIFICATION PROPOSALS - PRICE BREAKDOWNS. If change order work impacts or delays other unchanged contract work, the costs of such impacts or delays shall be included in the proposals and separately identified. The current threshold for requiring cost or pricing data is $700,000 but is subject to change. (See FAR 15.403-4 (a) (1). Any modification proposal that exceeds the cost and pricing data threshold shall meet the requirements of FAR

15.403. (See instructions for Change Orders/Modification and Claims in Table 15-2 of FAR 15.408.)

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

SECTION 01 22 00.00 10 Page 5 R0001

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 32 01.00 10

PROJECT SCHEDULE

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 PROJECT SCHEDULER QUALIFICATIONS

PART 2 PRODUCTS

2.1 SOFTWARE

2.1.1 Government Default Software

2.1.2 Contractor Software

2.1.2.1 Primavera

2.1.2.2 Other Than Primavera

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

3.2 BASIS FOR PAYMENT AND COST LOADING

3.2.1 Activity Cost Loading

3.2.2 Withholdings / Payment Rejection

3.3 PROJECT SCHEDULE DETAILED REQUIREMENTS

3.3.1 Level of Detail Required

3.3.2 Activity Durations

3.3.3 Procurement Activities

3.3.4 Mandatory Tasks

3.3.5 Government Activities

3.3.6 Standard Activity Coding Dictionary

3.3.6.1 Workers Per Day (WRKP)

3.3.6.2 Responsible Party Coding (RESP)

3.3.6.3 Area of Work Coding (AREA)

3.3.6.4 Modification Number (MODF)

3.3.6.5 Bid Item Coding (BIDI)

3.3.6.6 Phase of Work Coding (PHAS)

3.3.6.7 Category of Work Coding (CATW)

3.3.6.8 Feature of Work Coding (FOW)

3.3.7 Contract Milestones and Constraints

3.3.7.1 Project Start Date Milestone and Constraint

3.3.7.2 End Project Finish Milestone and Constraint

3.3.7.3 Interim Completion Dates and Constraints

3.3.7.3.1 Start Phase

3.3.7.3.2 End Phase

3.3.8 Calendars

3.3.9 Open Ended Logic

3.3.10 Default Progress Data Disallowed

3.3.11 Out-of-Sequence Progress

3.3.12 Added and Deleted Activities

SECTION 01 32 01.00 10 Page 1 R0001

3.3.13 Original Durations

3.3.14 Leads, Lags, and Start to Finish Relationships

3.3.15 Retained Logic

3.3.16 Percent Complete

3.3.17 Remaining Duration

3.3.18 Cost Loading of Closeout Activities

3.3.18.1 As-Built Drawings

3.3.18.2 O & M Manuals

3.3.19 Anticipated Adverse Weather

3.3.20 Early Completion Schedule and the Right to Finish Early

3.4 PROJECT SCHEDULE SUBMISSIONS

3.4.1 Preliminary Project Schedule Submission

3.4.2 Initial Project Schedule Submission

3.4.3 Periodic Schedule Updates

3.5 SUBMISSION REQUIREMENTS

3.5.1 Data CD/DVDs

3.5.2 Narrative Report

3.5.3 Schedule Reports

3.5.3.1 Activity Report

3.5.3.2 Logic Report

3.5.3.3 Total Float Report

3.5.3.4 Earnings Report by CLIN

3.5.3.5 Schedule Log

3.5.4 Network Diagram

3.5.4.1 Continuous Flow

3.5.4.2 Project Milestone Dates

3.5.4.3 Critical Path

3.5.4.4 Banding

3.5.4.5 Cash Flow / Schedule Variance Control (SVC) Diagram

3.6 PERIODIC SCHEDULE UPDATE

3.6.1 Periodic Schedule Update Meetings

3.6.2 Update Submission Following Progress Meeting

3.7 WEEKLY PROGRESS MEETINGS

3.8 REQUESTS FOR TIME EXTENSIONS

3.8.1 Justification of Delay

3.8.2 Time Impact Analysis (Prospective Analysis)

3.8.3 Forensic Schedule Analysis (Retrospective Analysis)

3.8.4…