Amendment A002.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)

A002 01/16/2024 N/A MI NP MUTLI PMS(1)

Pavement Preservation Michigan

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

69056724R000002

9B. DATED (SEE ITEM 11)

01/05/2024

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).

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

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.)

MI NP MULTI PMS(1), Pavement Preservation Michigan

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. A002, dated 01/16/2024 Project No: MI NP MUTLI PMS(1)

Solicitation No. 69056724R000002 Project Name: Pavement Preservation Michigan

REVISIONS ARE AS FOLLOWS:

CONTRACT CLAUSES

Page C-24. Revises, FAR Clauses 52.2211-10, Commencement, Prosecution, and

Completion of Work (Apr 1984) Alternate I (Apr 1984)

Page C-24a. added page. Adds FAR Clause 52.211-13 TIME EXTENSIONS (SEP 2000)

SPECIAL CONTRACT REQUIREMENTS

Page E-21, Subsection 108.01, Commencement, Prosecution, and completion of work.

Adds (f) Interim Completion Dates(s)

ENCLOSURES

Pages:

C-24

C-24a

E-21 through E-23

C-24

Contract Clauses

Project: MI NP MUILTI PMS(1), Pavement Preservation Michigan remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

52.210-1 – Market Research (NOV 2021)

(a) Definition. As used in this clause—

Commercial product, commercial service, and nondevelopmental item have the meaning contained in

Federal Acquisition Regulation 2.101.

(b) Before awarding subcontracts for other than commercial acquisitions, where the subcontracts are over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, the

Contractor shall conduct market research to—

(1) Determine if commercial products, commercial services, or, to the extent commercial products 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 products, commercial services, 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 09/0/2025 06/27/2024 7/19/2024 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 03/18/2024. 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.

52.211-12 Liquidated Damages—Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of: See Special Contract

Requirements, Subsection 108.04.

(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.

52.211-18 Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable

Revised by Amendment A001

Revised by Amendment A002 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/2.101#FAR_2_101 rebekah.webb Cross-Out

Margaret.Moen Line

Margaret.Moen Line

C-24a

52.211–13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes 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 related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

Revised by Amendment A002

E-21 DIVISION 100

Special Contract Requirements Project: MI NP MULTI PMS(1), Pavement Preservation Michigan

Section 108. — PROSECUTION AND PROGRESS

01/06/2023– 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. A baseline schedule submittal meeting is also required according to Subsection 155.10.

The schedule manager, project manager, and project superintendent are required to attend the preconstruction conference and the schedule submittal meeting unless otherwise approved by the

CO.

Only mobilization, construction survey and staking, temporary traffic control, and work under Section 637 is allowed prior to approval of the preliminary work plan.

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

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

(c) SLBE Perform Section 409 work in the Platte River campground Monday through Thursday. One campground loop at a time may 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.

Complete all work prior to Memorial Day weekend 2024 (prior to Friday, May 24th, 2024).

(d) SLBE Perform Section 409 and striping work in Routes 0012ZZ Stocking Scenic Drive Roads under closure. Routes can be closed for up to two 4-day closures on a Monday through Thursday. No work allowed that will impact traffic Friday through Sunday.

(e) SLBE maintain Route 0920 Dune Climb Parking and Great Lakes Picnic Area (no route number) open for public use during M22 Challenge from June 10, 2024 to June 16, 2024, (dates inclusive).

(f) Interim Completion Date(s). Complete all Base Schedule work at SLBE prior to July 3, 2024.

Failure to meet this requirement may lead to the Government completing the required work by

E-22 DIVISION 100

Project: MI NP MULTI PMS(1), Pavement Preservation Michigan other means (e.g. another contract), and charging all Government-incurred costs for this work back against the contractor. Government-incurred costs for this work includes the costs to complete this work according to the contract; administrative costs for this work; and other costs associated with this work for accommodating traffic and maintaining roadways.

This date will not be extended for any reason, except for delays caused by the Government.

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.

E-23 DIVISION 100

Project: MI NP MULTI PMS(1), Pavement Preservation Michigan

If the Government exercises any options, assessment of liquidated damages will be based on the completion date as provided for in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work.

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.