A006.pdf

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 or (c) By separate letter or electronic communication 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 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.

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

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

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

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ND FTNP THRO 11(10)

South Unit Scenic Loop Slide Repair PMIS No. 291791 Drawing No. 387-177128

SPECIAL CONTRACT REQUIREMENTS

The following Special Contract Requirements amend and supplement the Standard

Specifications for Construction of Roads and Bridges, on Federal Highway Projects (FP-

14), U.S. Department of Transportation, Federal Highway Administration.

11/10/2022

NICHOLAS F

ZOLLER

29633

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Section 101. – TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms. Add the following:

EEBACS — Engineer’s Estimating, Bidding, Award, and Construction System GSA – General Services Administration ABA – Architectural Barriers Act ECB – Erosion Control Blanket RECP – Rolled Erosion Control Product NPS – National Park Service or Park Service NTPEP – National Transportation Product Evaluation Program Park – Theodore Roosevelt National Park

(b) US Customary abbreviations and symbols. Delete the text and substitute the following:

ºF — degrees Fahrenheit temperature

A — ampere electric current

ac. — acre area

BTU — British Thermal Unit energy

cu. in. or in3 — cubic inches volume

cu. ft., cf, ft3 or CUFT — cubic feet volume

cu. yd., cy, yd3 or CUYD — cubic yards volume

D — day time deg. or º — degree plane angle

Fc — foot-candles luminous intensity

fl. oz. — fluid ounces volume

ft. or ' — foot or feet length gal. or GAL — gallon volume

H — Henry inductance

hr. or HR — hour time

Hz — hertz (s-1) frequency

in. or " inch or inches length

K — kelvin temperature lb or LB, lbs — pound, pounds mass

Lbf — pound-force force lnft or LNFT linear foot length

mi. — miles length min. or m — minute time min. or ' — minute plane angle

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oz. — ounces mass

Psi — pounds/square inch pressure

Q — cubic feet/second flow rate sec. or s — second time sec. or " — second plane angle

sq. in. or in2 — square inches area

sq. ft., sf, ft2 or SQFT — square feet area

sq. yd., sy, yd2 or SQYD — square yards area

T — short ton (2000 lbs) mass

V — volt (W/A) electric potential

W — watt (J/s) power yd or YD — yard or yards length

Ω — ohm V/A electric resistance

(c) Metric unit abbreviations and symbols. Delete the text and substitute the following:

A — ampere electric current

Cd — candella luminous intensity oC — degree Celsius temperature

D — day time deg. or º — degree plane angle g or gram — gram mass

H — Henry inductance

Ha — hectare area

hr. or HR — hour time Hz — hertz (s-1) frequency

J — Joule (N.m) energy

K — kelvin temperature

Kg — kilogram mass

L — liter volume

Lx — lux illuminance

M — meter length mm — millimeter length m2 — meter squared area m3 — cubic meter volume min. or m — minute time min. or ' — minute plane angle

N — Newton (kg.m/s2) force

Pa — Pascal (N/m2) pressure sec. or s — second time sec. or " — second plane angle

T — metric ton Mass

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V — volt (W/A) electric potential

W — watt (J/s) Power

Ω — ohm V/A electric resistance

101.04 Definitions.

Add the following:

EEBACS — Engineer’s Estimating, Bidding, Award, and Construction System. A web-based system used by the Government, Construction Contractors, and Subcontractors on this Government contract to prepare “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes and field measurement documentation).

Roadway Prism Delete the text and substitute the following:

Roadway Prism – The volume defined by the area between the original terrain cross-section and the final design cross-section multiplied by the horizontal distance between the centroids (geometric center) of the area.

Subcontractor Delete the text and substitute the following:

Subcontractor – An individual or legal entity with which the Contractor sublets part of the work. This includes subcontractors and material suppliers at any tier.

Section 105. — CONTROL OF MATERIAL

105.01 Source of Supply and Quality Requirements. Add the following:

Materials containing petroleum-based solvents such as cutback asphalts and traffic paints may be restricted from use by local laws or ordinances in certain geographic areas. Upon presenting proof of such restrictions, alternate materials considered acceptable to the CO may be substituted for the materials specified in the contract.

Add the following:

Certify, according to Subsection 107.10 (d)(2), that sources of rock, sand, gravel, earth, subsoil, or other natural material imported into the project construction limits are noxious weed free. Do not bring topsoil into the project areas without the approval of the CO.

105.04 Storing and Handling Material. Add the following after the third sentence of the second paragraph:

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For Contractor-located, non-commercial staging, storing, and material handling areas, secure environmental clearances according to Subsection 107.10.

Add the following:

The Contractor may use portions of the south unit mix pit areas for staging and storage of materials. The area approved for the contractors’ use will be determined by the CO. Do not store any equipment or materials in the mix pit areas until the areas are approved by the CO.

Place silt fence around the staging areas at no cost to the government. At the conclusion of the project, restore the access road and mix pit area to their original condition at no cost to the government.

Additionally, the Contractor may use the closed project roadways and parking areas for staging and storage of equipment and materials. If this option is used, do not stage equipment or materials in areas outside of the limits of construction.

Do not use the Old East Entrance Station parking area (~STA 334+50) as a storage or staging area.

Use all products according to the manufacturer’s recommendations for handling, storage, and disposal. Follow the requirements of FAR Clause 52.236-10 Operations and Storage Areas and FAR Clause 52.236-12 Cleaning Up. Maintain the staging and storage areas in a clean, neat, and orderly condition satisfactory to the CO.

Store construction materials within the limits indicated on the contract drawings. Properly store materials according to the applicable permit and the requirements in Section 107, 157, 203, 204, 624, and 625. Check the storage areas weekly and according to the applicable permit.

Store construction, building and waste materials, and containers in designated areas indoors or protect with a suitable covering.

Submit a site map showing the material storage and stockpile locations at least 14 calendar days prior to the start of construction activities.

Keep the manufacturer’s MSDS, an inventory of the material, and emergency numbers near the storage area. Take appropriate measures to ensure that incompatible chemicals are not stored next to each other.

Section 106. — ACCEPTANCE OF WORK

106.01 Conformity with Contract Requirements. Delete (a) and (b) and substitute the

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(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method

(2) Number of samples

(3) Sample transport

(4) Test procedures

(5) Testing laboratories

(6) Reporting

(7) Estimated time and costs

(8) Validation process

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Add the following after (b):

The number of significant figures used in the calculations will be according to ASTM E 29, absolute method.

Where sample/testing procedures make reference to AASHTO, ASTM, or other standards (designated as FLH T), the procedure as modified in the Materials Manual shall govern.

Where the specifications make reference to AASHTO Test T11, “Procedure B - Washing Using a Wetting Agent” shall be the procedure followed.

Where the specifications make reference to AASHTO Test T310, “Direct Transmission Method of In-Place Nuclear Density and Moisture Content” shall be the procedure followed.

106.02 Visual Inspection. Delete the Subsection and substitute the following:

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106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract requirements. In the absence of specific contract requirements or tolerances, use prevailing industry standards.

106.03 Certification. Add the following after the second paragraph:

See Table 106-3 for schedule for full or partial acceptance by material certification. Submit certification and sample of material for testing as required.

Delete the third paragraph and substitute the following:

Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information:

• Project number and name;

• Pay item number and description;

• Contractor signed certification stating “to the best of our knowledge the materials certified by the attached certification represent the materials incorporated into the work of this contract”; and

• Date.

Table 106-3 Schedule For Full or Partial Acceptance by Materials Certification. Add Table 106-3 following Table 106-2.

Table 106-3 Schedule For Full or Partial Acceptance by Materials Certification

Section Description Material Material Property

Or Specification

Frequency

Certification Sample

Minor Crushed

Aggregate Crushed Aggregate

Source, Quality and Gradation

1 per source 1 per source

312 Dust Palliative

Calcium Chloride Magnesium Chloride, Lignosulfonate, As specified 1 per shipment First shipment

Asphalt Concrete

Aggregate Asphalt Mix

Source quality, Gradation, Stability, and Grade

1 per mix 1 per source

634 and

Permanent Pavement Markings, Temporary

Traffic Control

634.02 as applicable, 635 as applicable As specified 1 per source -----

Hydraulic Cement

Portland Cement, Blended Hydraulic

AASHTO M 85,

M 240, 1 per shipment 1 per 100 tons

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Section Description Material Material Property

Or Specification

Frequency

Certification Sample

Cement, Masonry and Mortar Cement

ASTM C 91 and ASTM C1392 as applicable

702.01 Asphalt Material Asphalt Cement

AASHTO M 226

or M 320, as applicable

1 per shipment 1 per shipment

702.02 Asphalt Material Emulsified Asphalt

AASHTO M 140

or

M 208 as applicable

1 per shipment 1 per shipment

702.03 Asphalt Material

Asphalt Materials used for Damproofing and Waterproofing

Concrete and Masonry Surfaces

As specified for each type of asphalt material 1 per shipment -----

702.05 Antistrip As specified As applicable 1 per shipment -----

Concrete and Plastic Pipe

As specified As applicable 1 per shipment -----

707 Metal Pipe As specified As applicable 1 per shipment -----

708 Plastic Pipe As specified As applicable 1 per shipment -----

Reinforcing and

Prestressing Steel As specified As applicable 1 per shipment

For 709.01 submit 3, 1-yard (1-meter) bars of each size and grade of bar furnished.

709.02 submit 1 6-foot (2-meter) length for each size furnished

Fence and Guardrail

As specified As applicable 1 per shipment -----

Concrete Curing

Material and Admixtures

As specified As applicable 1 per material source per material type

Joint Material

(all) As specified As applicable 1 per shipment -----

Roadside

Improvement Materials (all)

As specified As applicable 1 per shipment -----

Geosynthetic Material (all)

As specified As applicable 1 per shipment 1 per project per type

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Section Description Material Material Property

Or Specification

Frequency

Certification Sample

715 Piling As specified As applicable 1 per shipment -----

Material for

Timber Structures

Timber and Hardware

As applicable 1 per shipment -----

717 Structural Metal As specified As applicable 1 per shipment

717.01(e) minimum

6 per shipment for each size used.

717.10

1 per project

Traffic Signing and Marking Material (all)

As specified As applicable 1 per shipment -----

719 Paint As specified As applicable 1 per batch\lot

1 sample for quantities

> 25 gallons (100L)

Structural Wall and Stabilized Embankment Material (all)

As specified As applicable 1 per shipment per material type

Electrical and Illumination Material (all)

As specified As applicable 1 per shipment per material type

722 Anchor Material As specified As applicable 1 per shipment per material type

Miscellaneous materials As specified As applicable

1 per shipment per material type

Section 107. - LEGAL RELATIONS AND RESPONSIBILITY TO THE

PUBLIC

107.01 Laws to be Observed. Add the following:

Section 401 and 404 of the Clean Water Act.

Comply with the terms and conditions of any permits that authorize the discharge of dredged or fill material in waters of the U.S., including Section 404 permits and Section 401 water quality certifications in the Appendix.

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National Pollutant Discharge Elimination System (NPDES)

Comply with the requirements of North Dakota Construction General Permit (CGP); Permit No. NDR11-0000.

This permit is scheduled to expire on 03/31/2025. Amend the SWPPP and site plan when a new permit goes into effect to meet new permit conditions.

Allow 7 days from submittal of NOI to issuance of permit.

(a) General. Designate a qualified Erosion Control Supervisor according to Subsection 157.03.

Obtain a separate NPDES permit associated with industrial activity for any mobile asphalt and concrete plants that provide material for the project. Provide a copy of the permit and acknowledgement letter to the CO for their records.

(b) Notice of Intent (NOI). File a NOI as a primary operator if required or permitted.

Provide a copy of the NOI and confirmation letter to the CO. The Government will also file a separate NOI if required and provide that information to the Contractor for inclusion in the SWPPP. Do not perform any ground disturbing activities including clearing, grubbing, or earthwork until an acknowledgement letter is received from the regulatory agency and the SWPPP has been approved and implemented.

Post all project authorization numbers near the entrance to the site and on the bulletin board.

(c) Payment of Permit Fees. Submit the appropriate permit fees and renewal fees required for both the Contractor and Government to the regulatory agency.

(d) Notice of Termination (NOT). File a NOT if the conditions listed in the CGP have been met or transfer the NOI to the maintaining agency when project has reached final acceptance.

At the completion of the project, provide the CO with the complete SWPPP, including inspection forms, logs, and all other required documentation added during the project.

107.05 Responsibility for Damage Claims. Delete the first sentence of the third paragraph and substitute the following:

Before work begins, submit “certificates of insurance” certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government.

107.10 Environmental Protection.

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(a) Federal Water Pollution Control Act (Clean Water Act) 33 USC § 1251 et seq.

Add the following:

(4) Do not ford running streams with construction equipment. Obtain approval from the CO to use temporary bridges or other structures whenever crossings are necessary.

(5) Immediately clear ephemeral drainages, intermittent and perennial streams, lakes and reservoirs of all work items, debris or other obstructions placed by or resulting from construction operations.

(6) Locate machinery servicing and refueling areas away from streambeds and washes to reduce the possibility and minimize the impacts of accidental spills or discharges.

(b) Oil and hazardous substances. Add the following to the end of the third paragraph:

Sand or soils are not approved absorbent materials.

Add the following to the end of the fourth paragraph:

Report the spill to the appropriate federal, state, and local authorities as required by the SPCC plan or hazardous spill plan.

(c) Dirt, plant, and foreign material. Add the following:

All vehicles and equipment entering the project area must be clean of noxious weeds and free from oil leaks and other fluid leaks and are subject to inspection. Wash all construction equipment to thoroughly remove all dirt, plant, and other foreign material prior to entering the project. Particular attention must be shown to the under carriage and any surface where soil containing exotic seeds may exist. Allow the CO to inspect each piece of equipment before entering the project. Provide the cleaning and inspection records to the CO. Equipment found operating on the project that has not been inspected, or has oil leaks or other fluid leaks will be shut down and subject to citation.

(1) Hydromulch equipment cleaning: All hydro-seeding/mulching equipment used will be free of all seed and mulch materials when they enter the Park. Rinse hydromulch equipment including tanks, trailers, and associated hydromulching parts with clean water. Inspect equipment to assure no residual seed, mulch, or foreign material is present with acceptance by the CO. Provide 1 week notice to CO before moving equipment into the Park. Inspect and remove any seed or fibers from the interior of the hydro seeding equipment.

(2) Hydromulch hoses: Clean as above if seeding/mulching hoses have a smoother surface. If hoses are a corrugated house, purchase new for this project at no additional cost to the government. Submit receipts to CO prior to use in Park.

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(d) Clearances for Contractor-selected, noncommercial areas. Add the following to the end of the first paragraph:

Use rock, sand, gravel, earth, subsoil, or other natural materials from a Contractor-selected non-commercial materials source that has been certified free of noxious weeds.

Materials imported into the project limits which do not include a noxious weed free certification may be rejected and ordered by the CO to be removed from the project limits. The CO has the discretion of requesting inspection of certified materials by a third party, and rejecting the use of the source if noxious weeds or seeds thereof are found to be present.

Add the following:

(5) Any required Certifications.

Add the following:

(e) Project-specific commitments.

(1) Provide archeological monitoring adjacent to archeological sites and multiple other sites adjacent to but not within the construction limits. These sites are marked in the plans as “Environmentally Sensitive Area”.

Furnish an archeological monitor with emphasis on ground disturbance within or adjacent archeological sites. The archeologist must meet the Secretary of the Interior's Professional Qualifications Standards for Archeology (NPS Director's Order-28: Appendix C). These include an advanced degree in archeology, demonstrated ability to implement and carry archeological research to completion, and at least 36 months of full-time professional experience and/or specialized training including at least 12 months experience and/or specialized training in construction monitoring in lands within or adjacent to the Park. An archeological monitor will be on hand during all ground disturbing activities in previously undisturbed areas within or adjacent to archeological sites, and also on an intermittent basis to respond to any inadvertent discoveries. The monitor will be authorized to halt activities at a specific locations while protecting findings, recovering materials, and processing data.

(2) Provide tribal monitoring during ground disturbing activities at archeological sites and multiple sites that are adjacent to the proposed construction limits. These sites are marked in the plans as “Environmentally Sensitive Area”.

Furnish a tribal cultural monitor. The tribal cultural monitor shall be qualified and experienced with the work of tribal monitoring for ground disturbing activities in North Dakota, preferably with previous experience in the Park. The monitor will be identified through NPS consultation with tribes that are traditionally associated with the Park, though the tribes that have been most directly involved in the

E-13 project and have previously provided monitors as part of project planning include the Standing Rock Sioux Tribe and the Fort Peck Assiniboine & Sioux Tribes.

The tribal governments will decide, in consultation with the Park, who will do the work.

(3) Provide paleontological monitoring during construction within areas on the plans marked as “Environmentally Sensitive Area”. If concealed paleontological resources are encountered during construction, stop work within 100 feet of the discovery and immediately notify the CO. Work will remain stopped in the area until fossils are assessed, and mitigation measures are identified.

Furnish a paleontological monitor with a BS or BA degree in geology or paleontology and one year experience monitoring in North Dakota or geologic province of the project. An associate degree and/or demonstrated experience showing ability to recognize fossils in a biostratigraphic context and recover vertebrate fossils in the field may be substituted for a degree. An undergraduate degree in geology or paleontology is preferable, but is less important than documented experience performing paleontological monitoring. Monitors must demonstrate proficiency in recognizing various types of fossils, in collection methods, and in other paleontological field techniques.

(4) Create a monitoring and discovery plan for archeological and tribal monitoring of construction. This plan will include specifics on monitoring field and laboratory methodology, locations of interest, artifact collection and curation requirements, and reporting. It will also include an inadvertent discovery plan to address any materials that fall under protection of the Native American Graves Protection and Repatriation Act (1990) or any unanticipated archeological sites or locations of traditional significance to tribal partners.

(5) Work collaboratively with the archeological and tribal monitor and coordinate scheduling. If the tribal or archeological monitor chooses, based on the location of work, nature of ground disturbance, and previous findings, work may continue without the presence of a monitor. Submit written documentation of this agreement to work without the presence of the monitor to the CO for project records.

(6) Notify the CO 14 calendar days before working in archeological/tribal sensitive areas, and specify the estimated length of time and extent of ground-disturbing actions (e.g., excavating within the road prism or outside of it, estimated depth). These sensitive areas are identified as “Environmentally Sensitive Area” on the plans. Where possible, concentrate ground disturbance in these areas into a consistent effort, particularly conducting excavation sufficient to address all potential project actions within sensitive areas (e.g., trenching to accommodate parking expansion, subgrade replacement, and prairie dog exclusion mesh). This will reduce challenges associated with multiple mobilizations of monitors and reduce associated logistical coordination and cost.

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(7) Flag features identified by Tribes, but not identified as archeological sites, for avoidance using a non-permanent and non-destructive visual marking or staking.

(8) If clearing, grubbing, or vegetation cutting occurs between February 1 and July 15, conduct a pre-construction survey for active migratory bird nests and raptors by a qualified biologist in all suitable nesting habitat that will be removed.

If active bird nests are identified within the project limits, avoid construction activities disturbing any active nests. Furnish a qualified biologist to determine the appropriate avoidance strategy until the nestlings have fledged from the nest and the nest is no longer active.

Furnish a qualified biologist(s) with a bachelor’s degree in a relevant field and at least two full years of documented experience leading similar surveys. Furnish qualifications to the CO for review and acceptance at least 14 days prior to survey initiation.

(9) Dropping and clearing of trees greater than 3 feet in height is restricted to November 1 to March 31.

(10) NPS will conduct surveys of the road corridor, prior to and during construction, to identify any eagle (bald or golden) nest sites within 1 mile of the construction area. Currently, none are known to exist, but eagles may establish new nests. If an active eagle (bald or golden) nest is identified, then work within a 1-mile radius must cease until NPS can consult with US Fish and Wildlife Service and obtain a "take" permit.

(11) All construction workers will attend a one-hour, on-site education program provided by the Theodore Roosevelt National Park staff. The program is regarding awareness and guidelines to protect biological species and cultural site awareness to learn how to identify and avoid archeological and historical resources on the ground, including penalties for illegally collecting artifacts or intentionally damaging any archeological or historic property in the vicinity. Park staff will conduct these sessions on an as needed basis to respond to changes in Contractor staffing. Coordinate and schedule attendance with the CO. Theodore Roosevelt National Park staff will provide handouts with information and guidelines to all construction workers

Section 108. — PROSECUTION AND PROGRESS

108.01 Commencement, Prosecution, and Completion of Work. Add the following:

South Unit Scenic Loop Road is closed to the public on the west between the intersection with East River Road (~STA 12+50) and on the east at the Old East Entrance Station (~STA 334+50) and will remain closed to the public throughout the construction duration.

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Limit operations according to Subsection 107.10(e) and Section 156.

Limit operations as follows:

(a) Access the Park from I-94 exit 24. Do not drive construction vehicles on local roadways within City of Medora or along Pacific Ave east of East River Road.

(b) No construction traffic is allowed on Scenic Loop Road in areas outside of the construction limits nor on East River Road to the north of the intersection with South Unit Scenic Loop Road.

(c) Night work is allowed with approval by the CO.

(d) Perform no work except to maintain traffic control devices, erosion control devices, minor clearing and grubbing, ground survey, and to control dust during winter shutdown.

Winter Shutdown is anticipated from November 15, 2022 to March 15, 2023 and November 15, 2023 to March 15, 2024, but may be shifted depending on actual weather conditions with approval from the CO.

Perform no work except to maintain traffic control devices, erosion control devices, the roadway driving surface, and to control dust during the listed Federal holidays and surrounding days as shown in Table 108-2.

Table 108-2 Federal Holidays and Surrounding Days

Federal Holiday

Time Remarks

Memorial Day 12:00 Noon Friday to 6:00 am Tuesday

Independence Day

12:00 Noon July 3 to 6:00 am July 5

If July 4 falls on a weekend, Friday, or Monday, do not work the weekend.

Labor Day 12:00 Noon Friday to 6:00 am Tuesday

Thanksgiving 12:00 Noon

Wednesday to 6:00 am Monday

Christmas / New Year’s

12:00 Noon December 23 to

6:00 am January 2

If December 23 or January 1 falls on a Monday, do not work the adjacent weekend and do not work on December 23. If January 1 falls on a Friday, do not work the weekend.

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Schedule at least 2 non-work days out of every 14 calendar days. The selected non-work days do not need to be consecutive, but they must be scheduled. Notify the CO at least 2 weeks before changing the scheduled days off.

The CO may grant written approval for exemptions to scheduled days off for specific project operations and for periods of limited duration.

Add the following:

The CO will issue a Notice to Proceed before commencement of any work. The contract completion date for Schedule A is November 13, 2024.

An interim completion date for the project is shown below.

Schedule A – Complete all work except seeding and mulching by July 15, 2024 (interim milestone completion date).

No additional time will be issued for award of Option X.

If Option Y is awarded 18 days will be added to the interim milestone completion date.

If Option Z is awarded 21 days will be added to the interim milestone completion date.

If Option Y and Z are awarded 39 days will be added to the interim milestone completion date.

Add the following:

Use the Government’s web-based system, Engineer’s Estimating, Bidding, Award, and

Construction System (EEBACS), to prepare all “Inspector’s Daily Record of Construction

Operations” (Contractors Daily Reports) and measurement notes (pay notes and field measurement documentation).

Attend a training session on the use of EEBACS. The training session will require up to 4 hours. No more than 3 Contractor staff may attend the training unless approved by the CO.

The Contractor shall be responsible for training additional staff.

Complete and electronically submit “EEBACS User Account Form” (Form EEBACS-001) for each individual requiring EEBACS access. Submit forms to the CO at the preconstruction conference or at least 10 days prior to the start of any contract work or EEBACS training. As needed, request additional system access using Form EEBACS-001 and allow 7 days for system access.

Maintain active EEBACS accounts for all contractor staff who use EEBACS and ensure that the CO is notified within 24 hours after an account holder is reassigned or no longer employed by the Contractor. Within 24 hours after an account holder is reassigned or no

E-17 longer employed by the Contractor, submit an EEBACS-001 form requesting that the account be disabled.

The electronic version of EEBACS-001 is available at:

https://highways.dot.gov/federal-lands/estimates/forms

108.02 Subcontracting. Delete the third paragraph and substitute the following:

Within 14 days of subcontract award, submit a completed SF 1413 and 1413S. Complete Part I for each Subcontractor, and include Part II when the Subcontractor performs on-site work. Complete other forms that may be required by the Government to show the work subcontracted and the total dollar amount of the subcontract. Submit the above required information for each Subcontractor at lower tiers.

108.04 Failure to Complete Work on Time.

Delete Table 108-1 and substitute the following:

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 $ 1,600

$ 1,000,000 $ 2,000,000 $ 2,400

$ 2,000,000 $ 5,000,000 $ 4,100

$ 5,000,000 $ 10,000,000 $ 5,600

$ 10,000,000 and more $ 6,500

If all other work is complete, but seeding and mulching is not completed by November 13, 2024 liquidated damages will be assessed at a rate of $1,600 per calendar day until seeding and mulching is complete.

Section 109. — MEASUREMENT AND PAYMENT

109.01 Measurement of Work. Add the following after the sixth paragraph:

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Prepare, sign, and submit electronic measurement notes (pay notes and supporting field documentation) using EEBACS. Measurement notes will be reviewed by the CO.

Unacceptable measurement notes will be electronically rejected and returned. Correct rejected measurement notes and resubmit electronically.

109.02 Measurement Terms and Definitions.

(c) Cubic yard (Cubic meter).

(1) Cubic yard (Cubic meter) in-place. Delete this subsection and substitute the following:

Measure the solid volumes by a method approved by the CO, or by a surface to surface method approved by the CO.

(o) Square foot and Square yard (Square meter). Add the following: Do not measure overlaps.

109.06 Pricing of Adjustments Add the following:

ASPHALT BINDER PRICE ADJUSTMENT PROVISION

GENERAL The Asphalt Binder Price Adjustment Provision provides for a price adjustment in the form of payment to the Contractor or a rebate to the Government for fluctuations in the cost of asphalt binder used in the performance of applicable construction work for South Unit Scenic Loop Slide Repair. Price adjustment provisions are applicable only to the asphalt binder, as defined in Section 702.01, and incorporated in the following contract pay items:

• 40101-5600 Asphalt concrete pavement, gyratory mix

The price adjustment provisions are also applicable to eligible pay items when the Government adds extra work to the Contract.

The provision will remain in effect throughout the duration of the contract. Enactment of the Asphalt Binder Price Adjustment Provision will only be considered when the increase or decrease in the price of asphalt binder exceeds 10 percent.

The Asphalt Binder Price Adjustment Provision is intended to reduce but not eliminate the cost effects of price uncertainty to the Contractor and the Government for asphalt binder used in the construction of this contract. It provides for sharing by the Government a portion of the Contractor’s risk, which could result from unusual price fluctuations. The provision is not intended to compensate the Contractor for normal day-to-day fluctuations and seasonal changes or to serve as a guarantee of full compensation for asphalt binder price fluctuations.

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PRICE INDEXES The Government will post a monthly performance price index at:

https://flh.fhwa.dot.gov/business/construction/escalation/cfl/

Poten and Partners, Inc. (PPI), publishes a weekly report (Asphalt Weekly Monitor) on high and low selling prices for states in five regions throughout the United States including:

• East Coast/Northeast

• Mid-Continent/Midwest

• Gulf Coast/Mid South

• Rocky Mountains

• West Coast/Northwest

Weekly high and low selling price data reported for Mid-Continent/Midwest will be averaged and used to establish a base price index, BPI, for this project and a monthly performance price index, MPPI, for the duration of the contract. These indexes are defined as follows:

• BASE PRICE INDEX The base price index, BPI, is the price index posted by the Government as determined by arithmetic average, as specified above, shown in the four weekly publications immediately preceding the contract award. It is as follows:

BASE PRICE INDEX (BPI) FOR ASPHALT BINDER

PER SHORT TON (TON) = $See Note (1) below Note (1): BPI calculated by the Government and inserted here immediately before contract award.

• MONTHLY PERFORMANCE PRICE INDEX The monthly performance price index, MPPI, is the monthly price index at the time of performance of applicable work as determined by arithmetic average, as specified above, shown in the four weekly publications issued prior to the last Wednesday of the month (i.e. the monthly performance price index during which asphalt binder is used in the performance of applicable construction work).

PRICE ADJUSTMENTS Price adjustments calculated by the Government are not intended to reflect the Contractor’s actual purchase price. The ratio of the monthly performance price index and the base price index (MPPI/BPI) is calculated and used to determine price adjustments as follows:

• No Price Adjustment – When the ratio MPPI/BPI falls within the range of 0.90 to 1.10, no price adjustment will be made for any asphalt binder used in construction work performed during the relevant month.

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• Government Rebate – When the ratio MPPI/BPI is calculated to be less than 0.90, the Government is due a rebate determined in accordance with the following formula:

Government Rebate = [0.90 – (MPPI/BPI)] (BPI) (Q)

• Contractor Payment - When the ratio MPPI/BPI is calculated to be greater than 1.10, the Contractor is due additional payment determined in accordance with the following formula:

Contractor Payment = [(MPPI/BPI) – 1.10] (BPI) (Q)

The following definitions are applicable to both the Government Rebate and the Contractor Payment formulas:

MPPI = Monthly Performance Price Index for the month during which asphalt binder is used in the performance of applicable construction work.

BPI = Base Price Index that is established immediately preceding the bid opening.

Q = Quantity in tons of asphalt binder for each pay item that was used on the project during the progress payment period. The quantity will be calculated using the asphalt content of the approved mix design and the following formula:

Q = Asphalt Concrete Pavement tons placed x (% Asphalt/100)

PRICE ADJUSTMENT COMPENSATION Monthly adjustments will be accrued. The final price adjustment will be paid, or rebated, after completion of all work for each eligible pay item. The Contractor may request in writing a partial price adjustment payment once every 12 months, or when the unpaid accrued increase exceeds $10,000. The Government will take a rebate when the deductive accrual exceeds $10,000.

No price adjustments will be made for work performed beyond the Government-approved Contract completion date.

The maximum allowable monthly and final price adjustment to the Contractor or rebate to the Government is limited to a (MPPI/BPI) ratio of 1.6 and 0.4, respectively.

109.08 Progress Payments.

(a) General. Delete the last sentence and substitute the following:

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The CO may withhold partial progress payment according to Subsection 109.08 (g) for failure to make satisfactory progress until a construction schedule or schedule update is approved by the CO.

(b) Closing date and invoice submittal date. Delete the text and substitute the following:

Submit invoices to the designated billing office by the 7th day after the closing date.

Invoices received by the designated billing office after the 16th day following the closing date will not be accepted for payment processing that month. Include late, unprocessed invoice submittals in the following months invoice.

(d) Government’s receiving report. Delete the first sentence and substitute the following:

The Government’s receiving report will be developed using the measurements and quantities from Pay Notes received by the CO in EEBACS and determined acceptable.

(e) Processing progress payment requests.

(1) Proper invoices. Delete the title and text and substitute the following:

(1) Invoices received by the 7th day following the closing date.

(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be paid.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), or if any of the quantities or unit prices shown on the Contractor's invoice exceed the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be deemed defective and the Contractor so notified according to FAR Clause 52.232-27(a)(2). Defective invoices will not be corrected by the Government and will be returned to the Contractor within 7 days after the Government's designated billing office receives the invoice.

Revise and resubmit returned invoices by the 18th day following the closing date. The CO will evaluate the revised invoice. If the invoice still does not meet the requirements of Subsection 109.08(c), the Contractor will be so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month. Correct the deficiencies and resubmit the invoice the following month.

If the revised invoice meets the requirements of Subsection 109.08(c), but still had quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item or work will be used. The Contractor's invoice, as revised by the Government's receiving report, will be

E-22 forwarded for processing by the 23rd day following the closing date. The Contractor will be notified by the 23rd day following the closing date of the reasons for any changes to the invoice.

(2) Defective invoices. Delete the title and text and substitute the following:

(2) Invoices received between the 8th and 16th day following the closing date.

(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the CO's receiving report, the invoice will be deemed proper and forwarded for processing within 7 days of receipt.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), the invoice will be deemed defective, the Contractor so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month.

Correct the deficiencies and resubmit the invoice the following month.

If the invoice meets the requirements of Subsection 109.08(c), but has quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item of work will be used.

The Contractor's invoice, as revised by the Government's receiving report, will be forwarded for processing within 7 days of the Government's receipt of the invoice. The Contractor will be notified of the reasons for any changes to the invoice.

(f) Partial payments. Delete the subsection and substitute the following:

(f) Partial payments. Progress payments may include partial payment for material to be incorporated in the work according to FAR Clause 52.232-5(b)(2), provided the material meets the requirements of the contract and is delivered on, or in the vicinity of, the project site or stored in acceptable storage places.

Partial payments for stockpiled manufactured material (aggregates) will be based on Contractor process control test results. If test results show the material to be out-of-specification, or in “reject” where statistical evaluation procedures are used, no payment for stockpiled materials will be made.

Partial payment for material does not constitute acceptance of such material for use in completing items of work. Partial payments will not be made for living or perishable material until incorporated into the project.

Individual and cumulative partial payments for preparatory work and material will not exceed the lesser of:

(1) 80 percent of the contract bid price for the item; or

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(2) 100 percent of amount supported by copies of invoices submitted.

The quantity paid will not exceed the corresponding quantity estimated in the contract. The CO may adjust partial payments as necessary to protect the Government.

Section 152. — CONSTRUCTION SURVEY AND STAKING

Construction Requirements

152.04 General. Add the following to the second paragraph:

The Government will establish basic survey control points for vertical and horizontal control of the project.

The Government will furnish the following:

(1) 3D coordinates and offset distance from centerline for subgrade and surface course finishing stakes at 50-foot (20-meter) intervals and miscellaneous intermediate stations.

(2) Slope stake data containing centerline grade and slope staking information at 50-foot (20-meter) station intervals and miscellaneous intermediate stations.

(3) Computer listings containing: horizontal alignment, vertical alignment, earthwork quantities, and staking details showing superelevation template data and slope information. Horizontal and vertical for curb information along South Unit Scenic Loop Road, not including parking areas, will be provided as a guidance and for information only. Survey and verify the proposed curb information as described below in subsection 152.05(n) Template Control Staking.

Perform additional conversions and calculations as necessary for convenient use of Government-furnished data. The Contractor is responsible for the accuracy of all information converted from the Government-furnished data. Provide immediate notification of apparent errors in the furnished data.

Delete the last sentence of the fourth paragraph from the bottom of the subsection and substitute the following:

Reestablish missing control points and stakes before slope staking begins.

152.05 Survey and Staking Requirements

(e) Clearing and Grubbing limits: Add the following:

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Delineate construction limit outside existing disturbed areas with non-permanent flagging and confine all surface disturbance to the construction zone

(f) Grade-finishing stakes. Delete (1) AMG method.

(g) Culverts. Delete the text and substitute the following:

Verify and set culvert locations at the inlet, outlet, and inlet basin points according to the plans. Plot the centerline of the proposed culvert at a 1:20 scale. Show the natural ground, the flow line, the roadway section, and the culvert including end treatments and other appurtenances. Provide the elevations, grade, culvert length, degree of elbow, catch points, and hinge points on the plot.

Perform the following if the culvert design shown in the plans does not fit field conditions, when the CO requires adjustment to a culvert location, or when a culvert design isn’t provided for a new culvert, culvert replacement, or culvert extension:

(1) Recommend a revised culvert location and alignment if needed.

(2) Survey and record the ground profile along the culvert centerline;

(3) Determine the slope catch points at the inlet and outlet;

(4) Set reference points and record information necessary to determine culvert length and end treatments;

(5) Plot to scale the profile along the culvert centerline. Show the natural ground, the flow line, the roadway section, and the culvert including end treatments and other appurtenances. Show elevations, grade, culvert length, and degree of elbow.

(a) For single skewed culverts, submit a plotted field-design cross-section normal to roadway centerline and at each end section. Plot the offset and elevation of natural ground at the end section and at proposed template break points between centerline and the end section. Ensure the template design embankment slope is not exceeded;

(b) For multiple skewed culverts, submit a plotted field design cross-section normal to roadway centerline and at the end sections (left and right) nearest to the shoulder. Plot the offset and elevation of natural ground at the end section and at proposed template break points between centerline and the end section.

Ensure the template design embankment slope is not exceeded;

(c) Submit the plotted field-design cross-section for approval of final culvert length and alignment. Plot at a clear and readable scale;

(d) Set inlet, outlet, and reference stakes when the field design has been approved. Stake inlet and outlet ditches to make sure the culvert and end treatments (such as drop inlets) are functional; and

(e) Adjust slope, reference, and clearing stakes as necessary to provide for culvert inlet treatments in cut slopes.