Amendment A001 4.12.2023.pdf

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

6982AF23B000013

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/14/2023

PAGE OF

PAGES

IMPORTANT - THE "OFFER SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

HFLCEO230165PR

6. PROJECT NO.

NM FAA DEM(1)

7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE, SUITE 360

LAKEWOOD, COLORADO 80228

CODE: 69050001 8. ADDRESS OFFER TO:

Sheri T. Walsh, Contracting Officer Federal Highway Administration Central Federal Lands Division Office 12300 W. Dakota Avenue Lakewood, CO 80228

9. FOR INFORMATION CALL

SEE PAGE A-3

A. NAME:

SEE PAGE A-3

B. TELEPHONE NO. (Include area code)

SEE PAGE A-3

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

ROADWAY CONSTRUCTION PROJECT IN STRICT ACCORDANCE WITH:

1. FEDERAL ACQUISITION AND TRANSPORATION ACQUISITION REGULATIONS (FAR & TAR)

2. DEPARTMENT OF LABOR, CONSTRUCTION WAGE RATE REQUIREMENT RATES

3. SPECIAL CONTRACT REQUIREMENTS

4. PLANS

5. BID SCHEDULE

6. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY

PROJECTS, FP-14, U.S. CUSTOMARY UNITS

See Subsection 104.04 of the FP-14 for governing order of precedence

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. The performance period is mandatory negotiable. *Refer to Subsection 108.01 as amended in the Special Contract Requirements.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.) YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8. by 2:00 p.m.

(hour) local time on 4/13/23 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is is not required.

C. All offers are subject to the (1) work requirements and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA

FAR (48 CFR) 53.236-1(d)

X

X

X

X

X

A-1 Amendment A001 4/12/2023

4/18/2023

Sheri.Walsh Cross-Out

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NM FAA DEM(1)

Deming Access Road

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.

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

Amendment A001 4/12/2023

E-2 min. or ' — minute plane angle

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).

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.

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.

Add the following:

The Contractor may use previously disturbed areas within the existing FAA ROW for staging area/storage of materials/stockpiles/ etc. The contractor may use one lane roadway closures on tangent sections approved by CO for staging and stockpile.

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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

(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:

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(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;

• 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.

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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 -----

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 -----

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Section Description Material Material Property Or Specification

Frequency Certification Sample

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

> 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

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Section Description Material Material Property Or Specification

Frequency Certification Sample

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

107.01 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. A copy of the Nationwide Permit 14 for Linear Transportation Projects can be found at the following link:

www.spa.usace.army.mil/Missions/Regulatory-Program-and-Permits/NWP/

107.02 Protection and Restoration of Property and Landscape.

Add the following at the end of this subsection:

The locations of the utilities shown in the plans have been certified to a Quality Level C, with spot locations certified to a Quality Level C according to the CFLHD Utility Data Quality Certification requirements:

http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

Table 107-1 Status of Utilities

Company Utility Type Contact Name Phone Number Status 1, 2, 3, or 4

1 Lumen UG/OH fiber optic

Jose Altamirano

575-888-3173/ jose.altamirano1@lumen.com

Amendment A001 4/12/2023 http://www.spa.usace.army.mil/Missions/Regulatory-Program-and-Permits/NWP/ http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

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El Paso Electric

OH power Omar Carrera

575-649-7106 / 575-523-3638/ omar.carrera@epelectric.com

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.

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.

107.05 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.

(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:

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All vehicles and equipment entering the project area must be clean of noxious weeds and 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) Flag and avoid yuccas 5 feet or higher in height in the project areas. They are potentially suitable habitat for nesting birds and raptors.

(2) In the event that paleontological resources are encountered during construction activities, stop work in the immediate vicinity of the finds while a paleontological monitor documents and assesses the find in consultation with the BLM Las Cruces District Office. Further treatment of the find (i.e., salvage, curation, etc.) shall be determined pending the outcome of the assessment and in coordination with the BLM.

(3) Dispose of all soil spoils that may potentially contain noxious weeds outside of BLM managed lands and in accordance with state and local regulations. Tarp loads to prevent the spread of noxious weeds during disposal operations.

(4) Do not allow any equipment or personnel within the Broad Canyon Wilderness Area.

Notify all personnel of the location of the boundary to the Wilderness Area.

(5) Cover trenches or holes left open overnight to prevent livestock or wildlife from falling through.

(6) Cover or place screens on open-top vertical pipes less than 12 inches in diameter to prevent wildlife entrapment.

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(7) Provide a qualified wildlife biologist with a bachelor’s degree in biological sciences and previous experience completing nest surveys. Furnish the resume of the qualified biologist to the CO for approval at least 7 days prior to the start of surveys.

Complete a pre-construction nest and bat roost survey within 7 days of the start of construction activities that will occur between March 1 and September 15. Identify and avoid established stick nests or bat roost sites.

(8) Do not disturb wildlife species encountered within the project limits during construction activities.

107.11 Protection of Forests, Parks, and Public Lands. Add the following:

The following fire prevention mitigation actions are in effect on this project:

Provide one (1) 5 lb ABC fire extinguisher and 2 shovels at each work area to extinguish fire.

Place in an identifiable location easily accessed by the workers. Abide by any burn restrictions which may be applied during the project. The CO will order the suspension of burning and other operations when directed to do so by FAA or BLM. No adjustment in the contract completion date will be made for partial or total suspensions of burning operations. All equipment shall have spark preventative measures installed.

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 -

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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.

Add the following:

The CO will issue a Notice to Proceed before commencement of any work. The contract completion date is October 24th, 2023.

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:

E-13 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

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:

Amendment A001 https://highways.dot.gov/federal-lands/estimates/forms

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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.

(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

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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.

(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.

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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.

Section 152. — CONSTRUCTION SURVEY AND STAKING

Construction Requirements

152.04 General. 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.

(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;

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(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. Readjust slope, reference, and clearing stakes as necessary when culvert inlets are moved from their plan locations. Review slope adjustments with the CO and obtain approval.

(i) Retaining walls and reinforced soil slopes. Delete the Subsection and substitute the following:

(i) Retaining walls. Survey and record profile measurements along the face of the proposed wall at 5 feet (1.5 meters), 10 feet (3 meters), and in front of the wall face. Take cross-sections every 25 feet (8 meters) along the length of the wall and at major breaks in terrain within the limits designated by the CO. Measure and record points every 25 feet (8 meters) and at major breaks in terrain for each cross-section. Set additional references and control points to perform the work.

Add the following:

(m) Centerline verification and staking. Verify stationing shown in the plans by measuring along the existing centerline with a method approved by the CO. Calibrate all measuring devices and furnish calibration data to CO before use. Use landmarks (e.g., culverts, turnouts, approach roads) to verify that the ground stationing matches the stationing shown on the plans. Use white spray paint to mark each centerline station. Add station equations to adjust field stationing to match the plans. Notify the CO on any readjustment or change to stationing or establishment of additional centerline points.

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Measure the existing surface width at 200 foot (60 meters) stationing intervals on tangent and at 50 foot (15 meter) intervals on curves. At each location, each side of the roadway and outside the construction limits, place an offset stake of adequate dimensions to place all required information. Label each stake with the following information corresponding to each respective lane:

(1) Station

(2) Offset from striped centerline or other location as directed by the CO

(3) Offset from the proposed edge of pavement

Measure stations to the nearest foot (meter), offsets to the nearest 2 inches (50 millimeters).

Record the above information and provide to the CO.

Use this recorded information to control the proposed roadway width and reestablish striping.

Measurement

152.07 Delete the third paragraph and substitute the following:

Do not measure miscellaneous survey and staking.

152.07 Add the following:

Measure centerline verification and staking only one time per project.

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 for 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 necessary.

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(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:

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

E-21 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.

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.

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

E-22 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.

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.

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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. 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.

(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 154. — CONTRACTOR SAMPLING AND TESTING

Construction Requirements

154.03 Sampling. Add the following:

Perform the initial curing of all concrete test cylinders. Provide for transporting the government verification cylinders to the FHWA-Central Federal Lands Highway’s Laboratory unless other testing facilities are authorized by the CO.

Label each concrete mold with the name and number of the Project, the cylinder number, date molded, location of the sample, and the test age (i.e. – 7, 14, or 28 days). Label the mold after casting and the cylinder after stripping to ensure the sample can be identified throughout the entire curing process.

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Provide the required cylinder molds.

154.04 Testing Add the following:

Where Process Control Sampling and Testing frequencies are identical to the Sampling, Testing, and Acceptance Tables at the end of each Section for all applicable work, the Process Control Samples may be used for acceptance.

Add the following subsections:

154.04B Field Laboratory (Contractor-Furnished). Furnish a laboratory equipped with all test equipment necessary to satisfy the requirements of the contract.

The sampling and testing services of a commercial laboratory meeting or exceeding the requirements described herein may be used if all contract sampling and testing requirements are satisfied by the use of the commercial facility.

Ensure test equipment has been checked, calibrated, standardized and/or otherwise verified in accordance with AASHTO and ASTM standards by an individual qualified to do this work.

Ensure mobile laboratories receive 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 in project testing and at least once a year thereafter.