CABLM19006A001.pdf

B-14

(End of provision)

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Kevin R. Black Contract Development Engineer Central Federal Lands Highway Division 12300 West Dakota Avenue, Suite 360 Lakewood, Colorado 80228

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-

Tuesday, April 27, 2010 at 1:00 pm Pacific Time. The purpose of this site visit is to inspect the place of performance for the Fort Ord work for Options V, W, X, Y and Z.

No organized site visits will be held for Panoche Hills or Mendo Lake (Schedule A and Options T and U). It is requested that prospective attendants send an email to CFLContracts@dot.gov confirming attendance to the scheduled site visit by Friday, April 23, 2010.

(c) Participants will meet at-

Parking area located on the Northwest side of State Route 68 (adjacent to the El Toro Creek subdivision) approximately 7.5 miles south of Salinas.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far (End of provision)

52.252-3 Alterations in Solicitation. (APR 1984) Portions of this solicitation are altered as follows: none.

(End of provision)

Amendment A001 April 16, 2010

C-3

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country.

Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

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

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than see subsection 108.01 of the Special Contract Requirements. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by no later than seventy (70) days after bid openingno later than June 15, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment

C-4 bonds within the time specified in the offer.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of see Subsection

108.04 of the FP-03 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.214-26 Audit and Records – Sealed Bidding (MAR 2009) Alternate I (MAR 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to--

(1) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract or a subcontract hereunder; and

(2) Interview any officer or employee regarding such transactions.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in paragraph (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the date of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e)(1) Except as provided in paragraph (e)(2), the Contractor shall insert a clause containing the provisions of this clause, including this paragraph (e), in all subcontracts.

(2) The authority of the Inspector General under paragraph (c)(2) of this clause does not flow down to subcontracts.

(End of clause)

E-36

CA BLM 19006(1)

PANOCHE ACCESS ROAD & TRAILHEAD

For creek base flows, sediment-laden water from initial pumping startup may first be directed to a vegetated area not susceptible to erosion. When the pump is discharging clear water, the flows may be discharged directly to the creek.

Excavation work areas shall be kept free from water during excavation, backfilling, low water crossing construction, and riprap placement. Dewatering, sufficient to provide a completely dry work area, shall be maintained during all construction operations. The Contractor shall be responsible for repair and replacement of damaged areas resulting from water flows or the dewatering operations.

At the acceptable completion of work, the Contractor shall remove all dewatering operations and diversion features and restore disturbed areas to natural conditions.

Measurement

153.06 Dewatering and creek flow diversion will be measured by the lump sum.

Payment

153.07 Payment will be full compensation for the labor, equipment, and materials for the work prescribed in this Section.

The Dewatering lump sum will be paid based on the following payment distributions:

(1) 50 percent of the lump sum will be paid after the Contractor has implemented dewatering operations as described above.

(2) 50 percent of the lump sum will be paid for upon accepted completion of the work.

Section 212. – LINEAR GRADING (For 19006(1) Panoche Access Road Project Only)

Payment

212.07 Delete this subsection and add the following:

Linear Grading will not be measured or paid for separately but will be subsidiary to the cost of Surface Aggregate Course 30110-0000.

Section 251. – RIPRAP

251.07 Acceptance. Delete the second sentence and substitute the following:

Riprap will be evaluated under Subsections 106.02 and 106.04.

Verify that riprap delivered to the placement site meets the applicable class size specified in Table 705-1 through sampling as specified in Table 251-1 and testing the size characteristic as follows:

E-39

Section 253. - GABIONS AND REVET MATTRESSES (For 5403(1) Mendo Lake Road Project only)

Construction Requirements

253.03 General. Delete the first sentence and substitute the following:

Survey according to Section 152 and verify the limits of the structure.

253.05 Structure Erection. Add the following to the first paragraph:

For gabion structures, grade the foundation for a width equal to the width of the gabion plus 2 feet. Where gabions are set on rocky foundations, place 6 inches of select granular backfill under the baskets.

Section 301. - UNTREATED AGGREGATE COURSES (For 19006(1) Panoche Access Road Project only and 19041(1) Ft. Ord Roadways Project)

Construction Requirements

301.03 General. Delete the third paragraph and substitute the following:

For base course set target values within the gradation ranges shown in Table 703-2, grading C, D, or E.

For surface course aggregate set target values within the gradation range shown in Table 703-3.

Add the following:

Scarify existing surface approximately 3” prior to placing the aggregate as directed by the CO.

This work is considered subsidiary to pay item 301110 Aggregate Surface Coarse.

301.04 Mixing and Spreading. Delete the text of this Subsection and substitute the following:

Determine the optimum moisture content according to AASHTO T 180, method D. Mix aggregate to assure complete uniformity of the aggregate. Add water continuously until a uniform mixture is achieved at optimum moisture or at no more than 2 percent above optimum moisture. Moisture in excess of 2 percent over optimum will be deducted from the scale weights.

Prior to placement of the aggregate surfacing, remove all unsuitable material from roadway and apply water to existing road surface. Place unsuitable material in roadside ditches in a manner that will not impede storm water flows.

19006(1) Panoche Access Road Project: Spread aggregate surface course across the roadway such that when compacted, the new aggregate surface course layer is equal to the depth shown in the plans. Where the existing primary roadway top width exceeds 16 feet, place aggregate

E-60

601.08 Add the following:

Reinforcing steel is not measured separately and is incidental to item 60101-0000 Concrete.

Section 602. - CULVERTS AND DRAINS (For 19043(1) Ft. Ord Drainage Improvements Project , 19006(1) Panoche Access Road Project, and 5403(1) Mendo Lake Road Project only)

Material

602.02 Add the following:

Precast concrete units 706.07

602.03 Add the following:

For the 19043(1) Ft. Ord Drainage Improvements Project aAll culverts will be high density polyethylene (HDPE).

Construction Requirements

602.06 Laying Plastic Pipe. Add the following to the second paragraph:

Provide watertight joints for plastic pipe culverts.

602.09 Add the following:

Measure pipe anchor assemblies under Section 606.

Where roadway is opened for installation or repair, surfacing is to match existing conditions.

Road reconditioning from culvert installation or repair to be in accordance with Section 3010 for aggregate surfaces and Section 4030 for work under asphalt pavement.

Cost of excavation, backfill, and surface reconditioning is included in the cost of the culvert replacement.

ryan.olson Typewritten Text ryan.olson Typewritten Text

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 WEST DAKOTA AVENUE, SUITE 360

LAKEWOOD, COLORADO 80228

ATTENTION: RYAN OLSON

1:

Remove Page B-14 and Replace with Page B-14. Changed assumed issuance of notice to proceed to June 15, 2010.

Remove Pages C-3 and C-4 and Replace with Pages C-3 and C-4. Added a request for email confirmation to scheduled site visit.

Remove Page E-36 and Replace with Page E-36. Deleted Section 212 from Special Contract Requirements.

Remove Page E-39 and Replace with Page E-39. Added text to Section 301 title.

Remove Page E-60 and Replace with Page E-60. Modified HDPE pipe requirement.

PLANS

Remove Plan Sheet A5 from the Schedule A Plans Set, CA BLM 19006(1) Panoche Access Road and Trailhed, and Replace with Plan Sheet A5.

Deleted grading note as well as notes 3 and 4.

*FAILURE TO ACKNOWLEDGE THIS AMENDMENT BY THE DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID (REFER TO ITEM 11.)