Amendment 001.pdf

(x)

33330222RF0010030

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

OCON

Washington DC 20013-7012

MRC 1200

P.O. BOX 37012

OCON

OCON

Washington DC 20013-7012

MRC 1200

P.O. BOX 37012

SMITHSONIAN INSTITUTION

163010206/02/20220001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers 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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/02/2022

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Thomas Dempsey

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

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

This is Amendment Number One to Solicitation Number 33330222RF0010030 for the Construction of Pod 6 located at the Smithsonian Institution's Museum Support Center.

1. Section I "Contract Clauses" 52.228-S0015R Contractor's Liability Insurance (Jun 2000) and 52.228-S0016R Contractor's Property Insurance (Jun 2000) shall be amended by the changes in insurance rates. See revised clauses in full in the Attachments label accordingly.

All remaining aspects of RPF 333302-22RF-0010030 shall remain unchanged.

52.228-S0015R Contractor's Liability Insurance (Jun 2000)

(a) The Contractor shall purchase and maintain in companies properly licensed to do business in the location where construction is being performed under this contract and acceptable to the S.I.

and NGA such insurance as will protect the Contractor and the S.I. and NGA from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor, any Supplier, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

(1) Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts (with Workmen's Compensation and Employer's Liability Insurance in amounts not less than those necessary to meet the statutory requirements of the state(s) having jurisdiction over any portion of the Work); the Contractor will require his Subcontractors to similarly provide Workmen's Compensation Insurance for all of the latter's employees;

(2) Claims for damages because of bodily injury, sickness or disease or death of his employees;

(3) Claims for damages because of bodily injury, sickness or death of any persons other than his employees;

(4) Claims for damages insured by usual personal injury liability coverage, which are sustained

(1) by any person as a result of an occurrence directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person;

(5) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

(6) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

(b) The insurance required by this Construction Contract Clause entitled "Contractors Liability Insurance", shall be primary and noncontributing to any insurance possessed or procured by the S.I. and/or NGA, and limits of liability shall be not less than those set forth in this Construction Clause entitled "Contractors Liability Insurance."

(c) The insurance required by this Construction Contract Clause entitled "Contractors Liability Insurance," shall include contractual liability insurance applicable to the Contractor's obligations under the Construction Contract Clause entitled "Conditions Affecting the Work."

(d) Without limiting the above during the term of the Contract, the Contractor shall, at his own expense, purchase and maintain the following Liability insurance with companies licensed to do business in the location where construction is being performed under the contract and satisfactory to the S.I. and NGA

(e) Workmen's compensation insurance as required by the laws of the location where construction work is being performed.

(f) Appropriate bodily injury liability insurance, with limits of not less than $5,000,000.00 for each person and $10,000,000.00 for each accident, including requirements for protection of elevator operations, when applicable, and servicing areas adjacent to the building.

(g) Property damage liability insurance with a limit of not less than $5,000,000.00 for each accident.

(h) Automobile bodily injury liability insurance with limits of not less than $1,000,000.00 for each person and $2,000,000.00 for each accident, and property damage liability insurance, with a limit of not less than $10,000.00 for each accident.

(i) Employers' Liability - At least $100,000.00 for each accident.

(j) Public Liability and Property Insurance - The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any Subcontractor performing work under this Contract from claims for damages for personal injury including accidental death, as well as from claims for personal property damage which may arise from operations under this Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The Contractor shall procure insurance coverage for direct operations, sublet work, elevators, contractual liability and completed operations with limits not less than those stated below.

(k) Property Damages, including Broad Form Property Damage and Explosion, Collapse, Underground property damage coverage, and blasting, where necessary.

(l) Completed Operations Liability - Continues coverage in force for one year after completion of Work.

(m) Excess/umbrella policy - raising the above limits to $10 million.

(n) Liability insurance may be arranged by Comprehensive General Liability and Comprehensive Automobile Liability policies for the full limits required; Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an excess of umbrella liability policy.

(o) Subcontractor(s): Contractor shall require its subcontractor(s) that perform work under this Contract to carry the same insurance limits Contractor must carry under this Contract, and to provide a Certificate of Insurance naming the Smithsonian Institution and the United States of America as ADDITIONAL

INSUREDS.

(p) Contractor may meet the insurance requirements through separate, combination, or package policies if those policies meet the required limits and scope of coverage. Umbrella and/or excess policy limits may be accepted to meet the required limits and scope of insurance.

(q) It is understood and agreed that the Contractor's Insurance Company shall notify in writing, to the Contracting Officer, thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy.

(r) Contractor shall provide the Smithsonian Certificate(s) of Insurance evidencing the required coverage ten (10) days following the date of notice of contract award. Contractor also agrees that it will provide copies of the policies to the Smithsonian, if requested. The insurance companies providing the above coverage shall be satisfactory to the Smithsonian Institution. Notice of policy changes will be furnished to the Contracting Officer.

Worker's Compensation: Contractor shall maintain Worker's Compensation coverage which meets statutory limits of the jurisdiction where the work will be performed.

Federal Tort Claims Act: Contractor is hereby on notice that the Smithsonian Institution falls within the purview of the Federal Tort Claims Act (28 U.S.C. 2671-2680). As such, the exclusive remedy for claims against Smithsonian for bodily injury, death, and property damage due to negligence of Smithsonian or its employees is in the Federal Tort claims Act; the General Counsel of Smithsonian is authorized to settle all claims against the United States (Smithsonian Institution) for damage to property, personal injury, or death caused by the negligent act or failure to act of a Smithsonian employee in the course of his/her employment cognizable under the Federal Tort Claims Act, as amended; and in some instances, this may be the exclusive remedy.

52.228-S0016R Contractor's Property Insurance (Jun 2000)

(a) The Contractor shall purchase and at all times maintain such insurance as will protect the Contractor, the Smithsonian Institution/NGA, the Smithsonian Institution's representatives, Suppliers and employees, the Architect, Sub-contractors and Sub-subcontractors from loss or damage to Work or property in the course of construction, including all machinery, materials and supplies on the premises or in transit thereto and intended to become a part of the finished Work until acceptance by the S.I. and NGA This insurance shall be in the form of "Builders All-Risk," "All-Risk Installation Floater," or equivalent. The Contractor shall cause such policy or policies of insurance required under this Article to be endorsed so as to provide that the insurer or insurers waive any right of subrogation against the S.I.

and NGA. Any deductible provision in such insurance shall not exceed $10,000.00 without prior written approval of the C.O. Notwithstanding any such deductible provision, the Contractor shall remain solely liable for the full amount of any item covered by such insurance.

(b) Any loss incurred under the Construction Contract Clause entitled "Contractors Property Insurance," is to be adjusted with the S.I. and NGA and made payable to the S.I. and NGA as trustee for the insured, as their interests may appear, subject to the requirements of any applicable mortgage clause and of the Construction Contract Clause entitled "Contractors Property Insurance." The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require each Subcontractor to make payments to his Suppliers in similar manner.

(c) The S.I. and NGA and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Construction Contract Clause entitled "Contractors Property Insurance," or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the S.I. and NGA as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the S.I. and NGA and the Contractor by Subcontractors and Suppliers. With respect to the waiver of rights of recovery, the S.I. and NGA shall be deemed to include, to the extent covered by property insurance applicable thereto, their consultants, employees, and agents and representatives including the employees and agents and the Architect and his consultants, employees and agents. The Contractor waives as against any separate contractor described in the Construction Contract Clause entitled "Work by Smithsonian Institution or by Separate Contractors," all rights for damages caused by fire or other perils in the same manner as is provided above as against the S.I. and NGA, and shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the Contractor by any separate contractor and his subcontractors and suppliers.

(d) The S.I. and NGA as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the S.I. and NGA's exercise of this power, and if such objection be made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The S.I. and NGA as trustee shall, in that case, make settlement with the insurers in accordance with the orders of the court or as otherwise agreed by the parties in interest.

(e) The property insurance shall not be canceled or lapsed on account of any partial occupancy or use by the S.I. and NGA of a portion or portions of the Work prior to Submittal Completion, but will remain in full force and effect.