Amendment A004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

N/A

PAGE

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

A004 01/11/2022 N/A See Box 14

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

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X

69056721R000015

9B. DATED (SEE ITEM 11)

12/03/2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A N/A

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 Offers (__ ) is extended, ( x ) is not extended.

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 Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

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.

N/A

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).

N/A

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

N/A

D OTHER (Specify type of modification and authority) N/A

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

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

SD NPS PP BADL 2020(1), Pavement Preservation Badlands

See Page 2.

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) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

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

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A004, dated 01-11-2022 SD NPS PP BADL 2020(1) Solicitation No. 69056721R000015 Pavement Preservation Badlands

REVISIONS ARE AS FOLLOWS:

CONTRACT CLAUSES

Page C-23. FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I (Apr 1984). Revises fixed completion date.

SPECIAL CONTRACT REQUIREMENTS

Page E-9, Subsection 104.06, Other Contracts. Adds requirements.

Page E-20, Subsection 108.01, Commencement, Prosecution, and Completion of Work.

Revises Subsection (i).

Pages E-21 through E-22, Subsection 108.01, Commencement, Prosecution, and Completion of Work. Add requirements under Subsections (l), (m), (n), (o), and (p).

ENCLOSURES

Pages:

C-23 E-9 / E-20 through E-22

C - 23 nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

52.210-1 – Market Research (Apr 2011)

(a) Definition. As used in this clause-- “Commercial item and nondevelopmental item” have the meaning contained in Federal acquisition Regulation 2.101.

(b) Before awarding subcontracts over the simplified acquisition threshold for items other than commercial items, the Contractor shall conduct market research to--

(1) Determine if commercial items or, to the extent commercial items suitable to meet the agency’s needs are not available, nondevelopmental items are available that—

(i) Meet the agency’s requirements;

(ii) Could be modified to meet the agency’s requirements; or

(iii) Could meet the agency’s requirements if those requirements were modified to a reasonable extent; and

(2) Determine the extent to which commercial items or nondevelopmental items could be incorporated at the component level.

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I (Apr 1984)

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 8/4/2022 8/19/2022 subject to such extensions as may be authorized. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 4/1/2022. The completion date will be extended by the number of calendar days after the above date that the contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

Revised by Amendment A004

Contract Clauses SD NPS PP BADL 2020(1) Pavement Preservation Badlands

E-9 DIVISION 100

Special Contract Requirements Project: SD NPS PP BADL 2020(1), Pavement Preservation Badlands

(e) Plans; and

(f) Standard specifications.

104.05 Load Restrictions. Add the following:

Submit oversized and overweight permit requests for non-legal loads transported within the Badlands National Park boundary. Use the FLH Bridge Oversized/Overweight Permit Load Request form listed under FAR Clause 52.236-4 Physical Data (Apr 1984).

104.06 Other Contracts. (Added Subsection).

Follow the requirements of FAR Clause 52.236-8 Other Contracts.

The Federal Highway Administration and the National Park Service, has awarded, and intends to further award other contracts with concurrent construction activities. These other contracts may impact operations on this project. Construction on other contracts have either already begun, or are expected to begin within the duration of this project. The contracts may include, but are not limited to the following:

(a) Replace Deteriorated Timber Curbing and Walkways in Parking Lots for Visitor Safety.

PMIS 245411; and

(b) Cedar Pass Slope Repair (Route 010AZ).

Revised by Amendment A004

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01/11/2022

E-20 DIVISION 100

Project: SD NPS PP BADL 2020(1), Pavement Preservation Badlands

Section 108. — PROSECUTION AND PROGRESS

04/02/21– FP-14

108.01 Commencement, Prosecution, and Completion of Work. Amend as follows:

Delete the text of the second paragraph and substitute the following:

A preconstruction conference will be held after the task order is awarded and before beginning work. Seven days before the preconstruction conference, submit copies of the preliminary construction schedule according to Section 155.

Add the following:

Furnish at least a 48-hour advanced notice before changing the current work schedule. Work schedule changes that include additional shifts require a 14-day advanced notice.

Perform work under this contract by limiting work as provided for in Sections 105, 107, 156, and 157.

(a) Apply surface treatment or fog seal in accordance with Subsections 406.05 and 409.07.

(b) Apply pavement markings in accordance with Section 634.

(c) Submit Pavement Marking Plan (PMP) to the CO in accordance with Subsection 634.03.

(d) Limit work hours to between 7:00 a.m. to 8:00 p.m. (8:00 a.m. to 6:00 p.m. within a ¼ mile of campgrounds, cabins, and residential areas), except as approved by CO.

(e) Provide the CO a two-week advance notice for all proposed construction activities.

(f) Provide the CO a three-week advance notice prior to work on any Cedar Pass area Routes.

(g) Provide closure notices to the CO and Park public information officer 7 days prior to construction.

(h) Coordinate with the CO for towing of vehicles.

(i) Perform Section 409 407 work in the campgrounds Monday through Thursday before May 19, 2022. For Cedar Pass Campground one campground loop at a time can be closed for surface treatment, with a 14-day advanced notice, as approved by the CO. Maintain access to the loops that are not closed.

(j) Small parking areas (1000 square yards or less) can be closed for a 24-hour period, for surface treatment, as approved by the CO.

(k) Complete all Work on Route 10 AZ Badlands Loop (Road 240) before July 1.

Revised by Amendment A004

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E-21 DIVISION 100

(l) Perform work on routes 901 and 902 after April 29, 2022.

(m) Perform work on routes 903 and 913 after May 13, 2022.

(n) Perform work on routes 915 and 916 after June 10, 2022.

(o) Perform work on routes 917 and 918 after July 15, 2022.

(p) Perform work on routes 919 and 922 after July 25, 2022.

108.01A Labor. (Added Subsection).

Follow the requirements of FAR Clause 52.222-6 Construction Wage Rate Requirements.

Adjacent or virtually adjacent work sites, as used in FAR Clause 52.222-6, are defined to be work sites within ½ mile of the project. Application of Construction Wage Rate Requirements (Davis- Bacon Act) for work sites beyond ½ mile of the project will be determined by the CO.

108.02 Subcontracting Amend as follows:

Delete the text of the first paragraph and substitute the following:

Follow the requirements of FAR Clause 52.222-11 Subcontracts (Labor Standards) and FAR Clause 52.236-1 Performance of Work by the Contractor.

Delete the last paragraph and substitute the following:

In FAR Clause 52.236-1 Performance of Work, the percentage of work performed by the Contractor will be computed as the cost of the contract work performed on-site by the Contractor’s employees divided by the total cost of the contract.

108.03 Determination and Extension of Contract Time. Add the following to paragraph (c):

No adjustment in contract time or amount will be made for stop orders issued under Subsection 108.05(a) or (b), except an adjustment in contract time, as provided by FAR Clause 52.249-10 Default (Fixed-Price Construction), may be made when the Contractor is able to demonstrate that the weather was unusually severe based on the most recent 10 years of historical data.

108.04 Failure to Complete Work on Time. Delete this Subsection and substitute the following:

Follow the requirements of FAR Clause 52.211-12 Liquidated Damages — Construction.

Liquidated damages in the amount specified in Table 108-1 will be assessed for each day beyond the time specified in the contract until substantial completion of the work.

Revised by Amendment A004

Special Contract Requirements Project: SD NPS PP BADL 2020(1), Pavement Preservation Badlands

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E-22 DIVISION 100

Project: SD NPS PP BADL 2020(1), Pavement Preservation Badlands

Liquidated damages will not be assessed for the following:

(a) The day of the final inspection.

(b) Days required to perform work added to the contract after substantial completion including items identified during the final inspection that were not required before that time.

(c) Delays by the Government after all work is complete and before a formal acceptance is executed.

(d) Periods of time when all work is complete but acceptance is delayed pending the plant establishment period or similar warranty period.

(e) During winter shutdown periods ordered by the CO.

Table 108-1 Charge for Liquidated Damages for Each Day

Work Is Not Substantially Completed

Original Contract Price Daily

Charge From More Than —

To and Including —

$ 0 $ 1,000,000 $ 1,000

$ 1,000,000 $ 2,000,000 $ 1,800

$ 2,000,000 $ 5,000,000 $ 3,500

$ 5,000,000 $ 10,000,000 $ 4,400

$ 10,000,000 and more $ 5,200

108.05 Stop Order. Delete the last paragraph.

108.06 Suspension. (Added Subsection).

Follow the requirements of FAR Clause 52.242-14 - Suspension of Work.

Suspend work, either in whole or in part, for such periods deemed necessary due to human burials, cultural resources, historic properties, paleontological remains, or archeological specimens discovered within the construction area. See Subsection 107.02.

Revised by Amendment A004

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