6982AF23B000006 A003 CA NP MOJA 11(1) 10(1).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

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)

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

1 4 5

2. AMENDMENT/MODIFICATION

NUMBER A003

3. EFFECTIVE

DATE 04/07/2023 CA NP MOJA 11(1) 10(1)

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 WEST DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

ATTENTION: KELLY PALMER

6905001

6982AF23B000006

03/10/2023

0*

*See Item 14

1. Section E : Remove Section E Special Contract Requirements and replace with the attached Amended Section E dated 4/7/2023

2. PLANS : Remove T8,T9 and T10 Sheets from the Plans and replace with the attached Amended Sheets T8, T9 and T10 dated 4/7/2023*

FAILURE TO ACKNOWLEDGE THIS AMENDMENT IN BLOCK 19 OF THE SF 1442 BY THE DESIGNATED DATE AND HOUR SPECIFIED IN THE

SOLICITATION MAY RESULT IN REJECTION OF YOUR BID (REFER TO ITEM 11.)

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.

X

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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.

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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

(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

oz. — ounces mass Psi — pounds/square inch pressure Q — cubic feet/second flow rate sec. or s — second time

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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 V — volt (W/A) electric potential W — watt (J/s) Power Ω — ohm V/A electric resistance

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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.

Substantial Completion Delete the last sentence and substitute the following:

For project work, the point at which all signing and marking removals, vegetation removals, pavement patching, shoulder reconditioning, permanent signing and markings, and gate installation work is complete.

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.

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

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

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Add the following:

The Contractor may use a 100 ft by 100 ft area in Kelso for a staging area, as directed by the CO.

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 following:

(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

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(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:

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;

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• 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

302 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

403 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 -----

701 Hydraulic Cement

Portland Cement, Blended Hydraulic Cement, Masonry and Mortar Cement

AASHTO M 85, M

240, ASTM C 91 and ASTM C1392 as applicable

1 per shipment 1 per 100 tons

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 -----

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Section Description Material Material Property Or Specification

Frequency Certification Sample

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

706 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 -----

709 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

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

710 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

712 Joint Material (all) As specified As applicable 1 per shipment -----

Roadside

Improvement Materials (all)

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

714 Geosynthetic Material (all) As specified As applicable 1 per shipment 1 per project per type 715 Piling As specified As applicable 1 per shipment -----

716 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

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Section Description Material Material Property Or Specification

Frequency Certification Sample

> 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

725 Miscellaneous materials As specified As applicable

1 per shipment per material type

Section 107. - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.02 Protection and Restoration of Property and Landscape.

Add the following at the end of this subsection:

No utility survey or mapping was completed, but the following utilities are known to be present within the project limits.

Table 107-1 Status of Utilities

Company Utility Type Contact

Name Phone Number Status 1, 2, 3, or 4

1 Southern Cal Edison OH Power unknown 800-655-4555 4 2 ATT (Pacific Bell) OH/UG Phone unknown 800-924-9420 4

3 Mojave National Preserve

Sewer & Water

Jeremy Petruncio

760-252-6142 4

Status 1: The utilities are in conflict with the project and require relocation by others during construction.

Status 2: The utilities are in conflict with the project and require relocation by the Contractor during construction.

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Status 3: The utilities are in conflict with the project and require relocation by others before construction.

Status 4: The utilities are located within the project rights of way but require no relocation.

107.04 Railroad Protection. Add the following:

Adhere to all conditions defined in the Union Pacific Railroad Consent Letter dated January 24, 2023 with project number 0658283 and complete the Contractor Endorsement prior to construction. Pay all fees required by the consent letter, and any additional fees that the UPRR may require. No separate measurement or payment will be made for this work.

No separate measurement or payment will be made for railroad flagging. Refer to the Union Pacific Flagging Policy at the following link:

https://www.up.com/real_estate/third-party-flagging/index.htm/

The contractor will be required to schedule and attend a preconstruction meeting with the UPRR and obtain badging certification prior to commencing work. No separate measurement or payment will be made for this requirement. Ensure all employees performing work within Union Pacific Property have received the required training. Refer to the Union Pacific Property Access Training at the following link:

https://www.up.com/aboutup/community/safety/erailsafe/up-pat/index.htm

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.

(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.

https://www.up.com/real_estate/third-party-flagging/index.htm/ https://www.up.com/aboutup/community/safety/erailsafe/up-pat/index.htm

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(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 and free of any mud or debris that might contain seeds of noxious weeds, free from oil 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 will be shut down and subject to citation.

(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) Avoid injury to the federally listed desert tortoise or disturbance of its habitat outside the construction limits to ensure compliance with the Endangered Species Act. Provide an authorized biologist and at least one desert tortoise monitor, according to Section 623.05, for work occurring between March 1 to October 31. Implement the below measures to protect the tortoise:

(a) Provide training related to the desert tortoise. See Section 623.05 for training requirements.

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(b) Designate equipment and material storage and stockpile areas in previously disturbed areas or other areas surveyed by the authorized biologist as approved by the CO.

(c) Cover, fence, or backfill all trenches and holes at the end of each workday.

Inspect open trenches and holes throughout the workday and before backfilling to check for wildlife.

(d) Conduct daily inspections of the work area and around equipment before mobilizing it to check for desert tortoises. This inspection shall be done by trained contractor staff or a desert tortoise monitor, if one is on site already.

(e) If a desert tortoise is encountered at any time in the work area, such as during inspections or while working, immediately suspend work in the area and notify the CO. Allow the tortoise to move to a safe location on its own or request that the authorized biologist move the tortoise at least 350 feet outside the work area with approval from the CO.

(f) Submit weekly reports of tortoise activity during the first month of construction and biweekly reports for remaining months. Each report will describe daily inspection results, observations of tortoises or their sign, methods used if tortoises were observed, and specific details on any injured, dead, or moved tortoises.

(g) Prior to starting work, a tortoise survey will be conducted in those areas where the work limits extend beyond the road right-of-way into undisturbed habitat, including ephemeral washes.

(h) Heavy Equipment haul routes for material should minimize use of Preserve roads as much as possible. Using the interstates and the Preserve’s most direct route or routes through non-habitat to work sites. A desert tortoise monitor will actively survey the haul route for tortoises to prevent road fatalities.

(i) If an active bird nest is discovered near the work site, the Authorized biologist will assess the species and location of the nest to determine any work restriction buffer, if any, is needed.

(j) Simultaneous work sites or work sites of considerable extent will require multiple desert tortoise monitors.

(k) Submit a vegetation removal plan and schedule to the CO a minimum of two weeks in advance of any vegetation removal activities.

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Section 108. — PROSECUTION AND PROGRESS

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

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

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.

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.

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Add the following:

The CO will issue a Notice to Proceed before commencement of any work. The contract completion date is 09/01/23. If Option X is awarded the completion date will be 10/19/23.

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 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:

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

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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

Section 109. — MEASUREMENT AND PAYMENT

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

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.

109.08 Progress Payments.

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

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.

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(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 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.

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(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

(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.

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Section 152. — CONSTRUCTION SURVEY AND STAKING

Construction Requirements

152.04 General. Add the following to the second paragraph:

No horizontal or vertical control points will be provided.

The Government will furnish the following:

(1) Google Earth kmz containing horizontal alignment, sign locations and gate locations

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.

Measurement

152.07 Add the following:

Do not measure construction surveying and/or staking for payment.

Section 153. — CONTRACTOR QUALITY CONTROL

Description

153.01 Add the following:

This work also consists of using EEBACS to prepare electronic “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes), including entering labor, equipment, subcontractors, and inspection records into the system.

Construction Requirements

153.02 Qualifications.

(a) Quality control manager (QCM). Delete the first sentence and substitute the following:

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Provide a QCM according to (2) below.

(a)(2) Part-time, on-site QCM. Delete the paragraph and substitute the following:

Furnish a QCM who has at least two years of experience in highway construction, inspection, quality control, material testing, and (NICET) Level III certification, or equivalent, in highway construction or highway material.

153.03 Quality Control Plan (QCP).

(b) Quality control procedures

(2) Add the following: List the material to be tested by pay item, tests to be conducted, the location of sampling, and the frequency of testing.

Add the following:

(d) Subcontractors and suppliers. Include the work of all subcontractors. If a subcontractor is to perform work under this Section, explain how the subcontractor’s inspection plan will interface with the Prime Contractor first tier subcontractors and lower tier subcontractors and organizations, and the CO. Include the work of major suppliers and suppliers of structural and geotechnical services and materials.

Add the following:

Modifications or additions may be required to any part of the plan that is not adequately covered.

Acceptance of the quality control plan will be based on the inclusion of the required information.

Acceptance does not imply any warranty by the Government that the plan will result in consistent contract compliance. It remains the responsibility of the Contractor to demonstrate such compliance.

153.04 Prosecution of Work. Delete this Subsection and substitute the following:

Address each of the subjects shown for each phase of construction:

(a) Preparatory phase.

(1) In a preparatory phase meeting, review the contract requirements for the work; the process for constructing the work; and the plan for inspecting, testing, measuring, and reporting the work. Include the project superintendent, the quality control manager (QCM), the foreman for the work to be performed, and the CO in the meeting. Schedule and conduct a preparatory meeting for each type of work to be performed at least one week prior to beginning the work.

(2) Review and coordinate certifications, submittals, plans, drawings, and permits.

(3) Verify the capabilities of equipment, material, and personnel. Provide training as

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necessary.

(4) Establish a detailed testing schedule based on the production schedule.

(5) Ensure preparatory testing and inspection is accomplished.

(6) Review accuracy of the surveying and staking.

(b) Start-up phase.

(1) In a start-up phase meeting, review the contract requirements and the processes for constructing the work with the personnel who will be performing the work. Invite the CO, project superintendent, QCM, testers, and inspectors of the work being performed, and the personnel directly supervising and performing the work. Review the planned testing, inspection, and reporting requirements with the quality control personnel responsible for the testing and inspection. Explain the reporting procedures to be used when defective work is identified. Conduct a start-up meeting for each type of work to be performed upon beginning the work.

(2) Inspect, test, and report start-up work according to the QCP and ensure the work conforms to the contract.

(c) Production phase.

(1) Inspect, test, and report according to the QCP and evaluate the acceptability of the work produced.

(2) Identify and correct deficiencies.

(3) Request Government inspection and acceptance.

(4) Provide feedback on processes and deficiencies. Identify root causes of deficiencies and make timely and effective changes to work processes to prevent repeated deficiencies.

(d) Construction progress meeting.

(1) Schedule and facilitate a weekly construction progress meeting. Invite the CO, project superintendent, QCM, and any other personnel directly supervising or managing the project. At a minimum, discuss the Working Schedule according to Subsection 155.06(f).

153.05 Sampling and Testing. Delete the text and substitute the following:

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153.05 Sampling and Testing.

Perform sampling and testing required by the accepted QCP. As a minimum perform process control testing according to the Sampling, Testing and Acceptance Requirements tables at the end of each Section where applicable. Where no minimums are specified, submit proposed tests to be performed and the proposed sampling and testing frequencies.

(a) Sample splitting. Schedules and times or locations for obtaining on-site split samples for Government use will be provided by the CO using a procedure for random sampling. Sample any material that appears defective or inconsistent with similar material being produced, unless such material is voluntarily removed and replaced or otherwise corrected according to Subsection 106.01

(b) Testing. Furnish a laboratory equipped with all test equipment necessary to satisfy the requirements of the contract. Ensure test equipment has been checked, calibrated, standardized and/or otherwise verified in accordance with AASHTO and ASTM standards by an individual qualified to perform the work. Perform an equipment inspection after the laboratory has been moved to its permanent location on the project site, and anytime it is moved thereafter. Inspect equipment within 45 days of actual use for project testing, and at least once a year thereafter. Do not use equipment that has not been inspected or is found to be deficient. Mark deficient equipment and take it out-of-service until repaired or replaced and shown by subsequent inspection to perform as required. Maintain records documenting laboratory equipment inspections. Provide certification(s) stating the equipment conforms to testing requirements and provide evidence of current inspection. Keep laboratory facilities clean and maintain equipment in proper working condition. Allow the CO unrestricted access to the laboratory for inspection and review.

The CO may require a demonstration of proficiency in sampling and testing capabilities.

One or more proficiency samples may be provided by the Government to verify basic qualifications. Provide the results of the proficiency samples to the CO within 48 hours of receipt of the material.

Contractor Testing will be incidental to the Section 153 pay item.

153.06 Certifications. Delete the text and substitute the following:

For materials or work accepted by certification according to Subsection 106.03, review all certifications to ensure compliance with the requirements of the contract prior to incorporating materials into the work and provide a signed copy of the reviewed certification(s) to the CO.

According to FAR Subpart 46.407, materials or work without proper certification will be rejected in writing, and payment for such material or work will be withheld until proper certification has been provided to the CO.

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153.07 Records and Control Charts. Delete the first sentence and substitute the following:

Maintain complete testing and inspection records by pay item number and make them accessible to the CO.

(a) Quality control and construction operations reports. Delete the text and substitute the following:

For each day of the contract, prepare an “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports (CDR)) using EEBACS. Enter initial data for Labor/Equipment and Subcontractors prior beginning any work. Maintain and update the Labor/Equipment and Subcontractors data to reflect ongoing changes as they occur. Report operations or items of work separately, with manpower and equipment assigned to each operation separately. Detail inspection results, including deficiencies observed and corrective actions taken. Complete a CDR for each contractor and subcontractor working that day.

When submitting test results on material being incorporated into the work, report test results within the reporting times indicated in the sampling and testing requirements at the end of each section or as specified in the contract.

Enter the following data into EEBACS:

(1) Subcontractors data.

(2) Labor/Equipment.

(a) All manpower and equipment, including contractor and subcontractors. Complete all data fields.

(b) Labor: Type/classification, move-in date, move-out date, hourly rate, the contractor or subcontractor, and name.

(c) Equipment: Type/classification, move-in date, move-out date, make, model, and year of equipment manufacture.

Certify all CDR’s using the following statement:

“I certify that the information contained in this record is accurate and that work documented herein complies with the contract. Exceptions to this certification are documented as a part of this record.”

Submit certified CDR’s that have been signed by a person who has both responsibility for the inspection system and signature authority.

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Submit the record and certification within 24 hours of the work being performed. If the CDR is incomplete, in error, or otherwise misleading, the CDR will be rejected and returned within EEBACS with corrections noted. Correct rejected CDRs and resubmit the revised CDR within 24 hours. When chronic errors or omissions occur, correct the procedures by which the records are produced.

153.08 Acceptance. Add the following:

Performance of the work may be stopped according to Subsection 108.05, either in whole or in part, for failure to comply with the requirements of this Section. The Government may charge to the Contractor the cost of any additional inspections required when the work being inspected is found not to comply with contract requirements during the initial inspection. Work stop orders, due to recurring deficiencies of work required by this Section, will be rescinded after the Contractor demonstrates to the CO that changes were made to the quality control plan and system which resulted in the correction of those deficiencies. There will be no adjustment in the contract time, or payments to the Contractor for any impacts, delays or other costs due to any periods of work stoppage resulting from failure to comply with the requirements of this Section.

EEBACS electronic documentation will be evaluated under Subsection 106.02.

153.09 Measurement and Payment. Delete the text and substitute the following:

Measurement

153.09 Measure contractor quality control according to Subsection 109.02.

Do not measure EEBACS electronic documentation for payment.

Payment

153.10 The accepted quantities will be paid at the contract price per unit of measurement for the Section 153 pay item listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. Contractor Testing will be incidental to the Section 153 pay item. See Subsection 109.05.

Progress payments for Contractor quality control will be paid as follows:

(1) 25 percent of the item amount, not to exceed 0.5 percent of the original contract amount, will be paid after the contractor quality control plan is accepted; all testing facilities are in place; qualified quality control supervisor, inspection, and sampling and testing personnel are in position to provide quality control activities; and the work being inspected or tested has started.

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(2) 65 percent of the total lump sum will be prorated for payment based on the completed portion of the total work not including the original 25 percent completed under (1) above.

(3) Payment of the remaining 10 percent of the lump sum will be paid when all inspections, test results, submittals, and reports are complete and accepted.

Section 155. — SCHEDULES FOR CONSTRUCTION CONTRACTS

Construction Requirements

155.04 Preliminary Construction Schedule.

Add the following:

(j) A list of the permits required for the contract. See Section 107.

155.05 Initial and Baseline Construction Schedule.

Delete the first sentence and replace with the following:

Prepare and submit a Bar Chart Method (BCM) initial construction schedule.

Delete (a) (1) (c) and substitute the following:

(c) Show activities in the order the work will be performed, including submittals, submittal reviews, permit applications, permit reviews, fabrication, and delivery.

(b) Critical Path Method (CPM). Delete this subsection:

(3) Tabular schedule. Delete this subsection:

(f) Submission and approval. Add the following to the end of the second paragraph:

No progress payments will be made until an initial construction schedule is approved by the

CO.

155.06 Baseline Schedule Updates. Delete the second paragraph and substitute the following:

Unless previously approved by the CO, changes to the construction schedule for the work that is still to be completed, can only be changed with a Time Impact Analysis according to Subsection 108.03, and a Baseline Construction Schedule revision according to Subsection 155.07. Receipt

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of a baseline construction schedule update with negative float does not constitute agreement by the Government of the revised completion date.

Add the following:

(f) Working Schedule. At each construction progress meeting, provide the CO with a written summary detailing the work completed in the previous week and the proposed work activities for the following two weeks. Provide detail of proposed operations that will affect traffic flow, residents, and businesses adjacent to the project. Provide the CO with a schedule revision if the written summary significantly differs from the baseline construction schedule or the latest construction schedule revision.

155.07 Baseline Schedule Revision. Delete the first paragraph and substitute the following:

Submit a time impact analysis when requesting approval of a baseline schedule revision.

Submitting a proposed baseline schedule revision is not considered a notification of delay or of other basis for change. Continue to submit monthly schedule updates according to Subsection

155.06 until a baseline construction schedule revision is approved.

Section 156. — PUBLIC TRAFFIC

Construction Requirements

156.04 Accommodating Traffic During Work. Delete the first paragraph and substitute the following:

Accommodate traffic according to the MUTCD, contract traffic control drawings, Section 635, and this Section.