A001_WA_NPS_PRES_2015(2).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

A001 11/18/2016 N/A See Block 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X

DTFH70-16-R-00005

9B. DATED (SEE ITEM 11)

11/09/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A

N/A

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| X | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

(__ ) is extended, ( x ) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

ITEM 10A.

N/A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D OTHER (Specify type of modification and authority)

N/A

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

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

WA NPS PRES 2015(2), Pavement Preservation Olympic Phase II

See page 2

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A001, dated 11/18/16 WA NPS PRES 15(2) Solicitation No. DTFH70-16-R-00005 Pavement Preservation Olympic Phase II

REVISIONS ARE AS FOLLOWS:

1442 Continuation SF1442

Page A-5. Pen and Ink change under FOR TECHNICAL INFORMAION to revise the email to submit technical questions. Submit questions via fax (360.619.7932) or e-mail at plans.spec@dot.gov.

BID SCHEDULE

Page A-8. Revises Item 63401-0000 Pavement Markings (Type B)

CONTRACT CLAUSES

SPECIAL CONTRACT REQUIREMENTS

Delete PDF pages 185 (Attention page of Special Contract Requirements) through 329 in the Invitation for bid PDF and replace with attached pages beginning with the Attention page of the Special Contract Requirements through page H-35 (91 pages).

Page F-10 625.08A Traffic Control Supervisor; Revises subsection (included in above replacement pages)

PLANS

B.1 See Bid Schedule above (included in above replacement pages) F.2a Adds sheet (included in above replacement pages) F.3 Revises Totals (included in above replacement pages)

ENCLOSURES

Pages not included due to pen and ink:

A-5

Pages:

A-7 through A-9 Attention page of the Special Contract Requirements through page H-35 (91 pages)

Notice to Bidders: Please submit revised pages A-7 through A-9 with your bid.

A-7

Bid Schedule

Project: WA NPS PRES 15(2)

Pavement Preservation Olympic Phase II

Bidders please note: Before preparing the bid, carefully read the Solicitation Provisions.

Insert a unit bid price, in figures, for each pay item for which a quantity appears in the bid schedule. Multiply the unit bid price by the quantity for each pay item and show the amount bid. Should any mathematical check made by the Government show a mistake in the amount bid, the Amount Bid for the item will be based on the Unit Bid Price.

When a “LPSM” (Lump Sum) appears as a unit bid price, insert an amount for each lump sum pay item.

When a sum based on a fixed rate appears for any pay item in the amount bid column, include the Government inserted amount bid for the item in the total bid amount.

Total the amounts bid for all pay items and insert the total bid amount.

A-8

B I D S C H E D U L E Account: ALL

Project No: WA NPS PRES 15(2)

Name: Pavement Preservation Olympic Phase II CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

15101-0000 Line A0050 ALL LPSM $

15301-0000 Line A0100 ALL LPSM $

15401-0000 Line A0150 ALL LPSM $

15501-0000 Line A0200 ALL LPSM $

40901-2000 Line A0250 109,000 SQYD $ $

40901-3000 Line A0300 216,500 SQYD $ $

41402-2000 Line A0350 26.0 MILE $ $

41801-1000 Line A0400 140 SQYD $ $

41801-2000 Line A0450 4,300 SQYD $ $

41802-3000 Line A0500 100 TON $ $

62201-0050 Line A0550 20 HOUR $ $

62201-0450 Line A0600 20 HOUR $ $

62301-0000 Line A0650 40 HOUR $ $

63301-0000 Line A0700 30 EACH $ $

63401-0000 Line A0750 761,000 LNFT $ $

63405-0050 Line A0800 86 EACH $ $

63501-1000 Line A0850 ALL LPSM $

63502-0700 Line A0900 220 EACH $ $

Schedule Total: ________________________

Submitted by: _________________________

PAVEMENT MARKINGS, SYMBOLS

TEMPORARY TRAFFIC CONTROL, TRAFFIC CONTROL SUPERVISOR

TEMPORARY TRAFFIC CONTROL, CONE

MOBILIZATION

CONTRACTOR QUALITY CONTROL

CONTRACTOR TESTING

CONSTRUCTION SCHEDULE

MICRO SURFACING, TYPE 2

MICRO SURFACING, TYPE 3

GENERAL LABOR

SIGN SYSTEM

PAVEMENT MARKINGS (TYPE B)

CRACKS, CLEANING AND SEALING

ASPHALT CONCRETE PAVEMENT PATCH, TYPE 1

ASPHALT CONCRETE PAVEMENT PATCH, TYPE 2

ASPHALT CONCRETE PAVEMENT PATCH, TYPE 3

DUMP TRUCK, 5 CUBIC YARD MINIMUM CAPACITY

BACKHOE LOADER, 4 CUBIC FOOT MINIMUM RATED CAPACITY BUCKET, 18-INCH WIDTH

A001

Leeann.Bush Rectangle

A-9

B I D S C H E D U L E Account: ALL

Project No: WA NPS PRES 15(2)

Name: Pavement Preservation Olympic Phase II CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

Schedule Total: ________________________

Submitted by: _________________________

63503-0700 Line A0950 93,000 LNFT $ $

63504-1000 Line A1000 300 SQFT $ $

63506-0600 Line A1050 200 HOUR $ $

63507-0800 Line A1100 30 DAY $ $

63509-1000 Line A1150 1,500 FXHR 56.00$ 84,000.00$

TEMPORARY TRAFFIC CONTROL, PORTABLE CHANGEABLE MESSAGE SIGN

TEMPORARY TRAFFIC CONTROL, FLAGGER

TEMPORARY TRAFFIC CONTROL, PAVEMENT MARKINGS

TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

TEMPORARY TRAFFIC CONTROL, PILOT CAR

Special Contract Requirements Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

03/31/15–FP14

ATTENTION

The following Special Contract Requirements (SCRs) are only a portion of the specifications for this project. These SCRs amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14. The FP-14 is a separately published book. In order to understand the solicitation properly you need to have the FP-14 as well as this packet. Pay particular attention to the provisions of Subsection 104.04 in the FP-14 that explains how each of the many contract documents fit together.

To view the FP-14 electronically, go to:

http://www.flh.fhwa.dot.gov/resources/pse/specs/fp-14/

Printed copies of the FP-14 are available from the GPO at http://bookstore.gpo.gov/. Limited copies may also be obtained from:

Contracts Section Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver, WA 98661 Phone: 360-619-7520 Fax: 360-619-7932 E-mail: wfl.contracts@dot.gov

(One printed copy of the FP-14 will be distributed to the successful bidder.)

http://www.flh.fhwa.dot.gov/resources/pse/specs/fp-14/ http://bookstore.gpo.gov/ mailto:wfl.contracts@dot.gov ii

(This page intentionally left blank) iii

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

SCR TABLE OF CONTENTS

SPECIAL CONTRACT REQUIREMENTS (SCR)

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.

DIVISION 100 GENERAL REQUIREMENTS

Section 101. — TERMS, FORMAT, AND DEFINITIONS ....................................................... E-1 Section 102. — BID, AWARD, AND EXECUTION OF CONTRACT .................................... E-3 Section 103. — SCOPE OF WORK ............................................................................................ E-4 Section 104. — CONTROL OF WORK ..................................................................................... E-5 Section 105. — CONTROL OF MATERIAL ............................................................................. E-6 Section 106. — ACCEPTANCE OF WORK ............................................................................ E-10 Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ............ E-12 Section 108. — PROSECUTION AND PROGRESS ............................................................... E-14 Section 109. — MEASUREMENT AND PAYMENT ............................................................. E-18

DIVISION 150 PROJECT REQUIREMENTS

Section 151. — MOBILIZATION ............................................................................................ E-24 Section 152. — CONSTRUCTION SURVEY AND STAKING ............................................. E-25 Section 153. — CONTRACTOR QUALITY CONTROL ........................................................ E-26 Section 154. — CONTRACTOR SAMPLING AND TESTING .............................................. E-30 Section 155. — SCHEDULES FOR CONSTRUCTION CONTRACTS ................................. E-31 Section 156. — PUBLIC TRAFFIC .......................................................................................... E-35 Section 157. — SOIL EROSION AND SEDIMENT CONTROL............................................ E-37

DIVISION 400 ASPHALT PAVEMENTS AND SURFACE TREATMENTS

Section 403. — ASPHALT CONCRETE ................................................................................... F-1 Section 409. — MICRO SURFACING ....................................................................................... F-3 Section 414. — ASPHALT PAVEMENT CRACK SEALING AND FILLING ........................ F-4 Section 418. — ASPHALT CONCRETE PAVEMENT PATCHING ....................................... F-5

DIVISION 600 INCIDENTAL CONSTRUCTION

Section 622. — RENTAL EQUIPMENT .................................................................................... F-6 Section 623. — GENERAL LABOR .......................................................................................... F-7 Section 633. — PERMANENT TRAFFIC CONTROL .............................................................. F-8 Section 634. — PERMANENT PAVEMENT MARKINGS ...................................................... F-9 Section 635. — TEMPORARY TRAFFIC CONTROL............................................................ F-10

DIVISION 700 MATERIAL

Section 702. — ASPHALT MATERIAL ................................................................................... G-1 Section 718. — TRAFFIC SIGNING AND MARKING MATERIAL ..................................... G-2 iv

E-1

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

DIVISION 100

GENERAL REQUIREMENTS

Section 101. — TERMS, FORMAT, AND DEFINITIONS

11/05/15– FP-14

101.04 Definitions. Amend as follows:

Delete the text of these definitions and substitute the following:

Award — The written acceptance of an offeror’s proposal by the CO.

Bid — When used in a project package, carries the same meaning as Offer.

Bidder — When used in a project package, carries the same meaning as Offeror.

Bid Guarantee — A form of security assuring that the offeror will not withdraw an offer within the period specified for acceptance and will execute a written Task Order and furnish required bonds.

Bid Schedule — The prepared schedule included with the offer forms, containing the estimated quantities of pay items for which unit prices are requested.

Contract — The written agreement between the Government and the Contractor setting forth the obligations of the parties for the ordering of, performance of, and payment for, the prescribed work. Refers to both the Basic Contract and the Task Orders.

Contract Time — The specified time allowed for completion of all Task Order work.

Notice to Proceed — Written notice to the Contractor to begin the Task Order work.

Pay Item — A specific item of work for which a unit price is provided in the Task Order.

Payment Bond — The security executed by the Contractor and surety or sureties and furnished to the Government to ensure payments as required by law to all persons supplying labor or material according to the Task Order.

Performance Bond — The security executed by the Contractor and surety or sureties and furnished to the Government to guarantee completion of the Task Order work.

Project — The specific section of the highway or other property on which construction is to be performed under the Task Order.

Solicitation — The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective offerors.

E-2 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Surety — An individual or corporation legally liable for the debt, default, or failure of a Contractor to satisfy a Task Order obligation.

Work — The furnishing of labor, material, equipment, and other incidentals necessary to successfully complete the project according to the Task Order.

Add the following:

Basic Contract — The Indefinite Delivery, Indefinite Quantity (IDIQ) contract which is a written agreement between the Government and the Contractor(s) setting forth the general obligations of the parties for the ordering of, performance of, and payment for, the work to be performed under the subsequent Task Orders.

Holidays — Holidays occur on the following days:

• 1st day of January - New Years’ Day;

• 3rd Monday of January - Martin Luther King, Jr. Day;

• 3rd Monday in February - Presidents' Day;

• Last Monday in May - Memorial Day;

• 4th day of July - Independence Day;

• 1st Monday in September - Labor Day;

• 2nd Monday in October - Columbus Day;

• 11th day in November – Veterans’ Day;

• 4th Thursday in November - Thanksgiving Day;

• 25th day in December - Christmas Day;

• Other days declared holidays by the Congress or the President; and

• If a holiday falls on a Saturday, the preceding Friday is also a legal holiday. If a holiday falls on a Sunday, the Monday following is also a legal holiday.

Offer — A written proposal by an offeror to perform work at a proposed price.

Offeror — Any individual or legal entity submitting an offer.

Pneumatic Roller — Self-propelled compaction device with smooth pneumatic tires staggered in position to provide overlap between the front and rear tires.

Task Order — An order for a specific level of work that may or may not be related to one or more projects.

E-3 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 102. — BID, AWARD, AND

EXECUTION OF CONTRACT

03/31/16– FP-14

102.02 Preparation of Offers. Follow the requirements of FAR Provision 52.215-1 Instructions to Offerors Competitive Acquisition.

Submit offers for construction of the project under the Base schedule.

102.03 Bid Guarantee. Add the following to paragraph (a) General:

Submit a bid guarantee of 20 percent of the total bid amount for all schedules or $3 million, whichever is less.

102.05 Public Opening of Bids. Delete this Subsection.

102.05A Contract Award. (Added Subsection).

Follow the requirements in paragraph (f) of FAR Provision 52.215-1, Instructions to Offerors- Competitive Acquisition.

Selection of the successful offeror is based on price.

102.06 Performance and Payment Bonds. Delete the text of the first paragraph and substitute the following:

Follow the requirements of FAR Clause 52.228-15 Performance and Payment Bonds – Construction. Furnish a performance bond and a payment bond each in the penal amount of 100 percent of the original task order price.

E-4 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 103. — SCOPE OF WORK

07/20/15– FP-14

103.01 Intent of Contract. Add the following:

Additional work on sites within or in the vicinity of the project may be requested by the CO.

Such work generally will be in response to natural disasters. Provide cost proposals and perform work as ordered by the CO.

103.05 Partnering. Delete the text of this Subsection and substitute the following:

To facilitate this contract, the CO offers to participate in a partnership with the Contractor. This partnership draws on the strengths of each organization to identify and achieve reciprocal goals.

Partnering strives to resolve problems in a timely, professional, and non-adversarial manner. If problems result in disputes, partnering encourages, but does not require, alternative dispute resolution instead of the formal claim process. The objective is effective and efficient contract performance to achieve a quality project within budget and on schedule.

Acceptance of this partnering offer by the Contractor is optional, and the partnership is bilateral.

(a) Formal partnering. If the formal partnering offer is accepted, mutually agree with the CO on the level of organizational involvement and the need for a professional to facilitate the partnering process. Engage the facilitator and other resources for key Contractor representatives and the CO to attend a partnership development and team-building workshop usually between the time of award and the Notice to Proceed. Hold additional progress meetings upon mutual agreement.

The direct cost of formal partnering facilities, professional facilitation, copying fees, and other miscellaneous costs directly related to partnering meetings will be shared by the Contractor and Government. Secure and pay for facilities, professional fees, and miscellaneous requirements. Submit invoices to the CO. The Government will reimburse the Contractor for 50 percent of the agreed costs incurred for the formal partnering process. The Government’s share will not exceed $5,000.

Each party is responsible for making and paying for its own travel, lodging, and meal arrangements. No time extension for the completion of the project will be made for the use of formal partnering.

(b) Informal partnering. If the informal partnering offer is accepted, mutually agree with the CO on the timing and substance of an informal Partnering meeting.

Costs of implementing and maintaining the informal partnership are the responsibility of the party incurring the cost.

E-5 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 104. — CONTROL OF WORK

07/22/16– FP-14

104.04 Coordination of Contract Documents. Delete the text of this Subsection and substitute the following:

The FAR, TAR, Basic Contract, special contract requirements, plans, and standard specifications are contract documents. A requirement in one document is binding as though occurring in all the contract documents. The contract documents are intended to be complementary and to describe and provide for a complete contract. In case of discrepancy, calculated and shown dimensions govern over scaled dimensions. The contract documents govern in the following order:

(a) Federal Acquisition Regulations;

(b) Transportation Acquisition Regulations;

(c) Basic IDIQ Contract;

(d) Special Contract Requirements (SCRs);

(e) Plans; and

(f) Standard specifications.

104.06 Other Contracts. (Added Subsection).

Follow the requirements of FAR Clause 52.236-8 Other Contracts.

The Park will be performing construction projects that may have an effect on the operations of the project. The known projects are as follows:

• None (confirm with CO prior to on-site work).

Contact Rich McKenna, Park Engineer: 360-565-3161

E-6 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 105. — CONTROL OF MATERIAL

08/01/14– FP-14

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

Provide materials free of noxious weeds. The term “noxious weed” includes all plant species that have been declared noxious in the jurisdiction (Federal, state, and county) where the material source is located, but also includes all plant species on the Washington State Noxious Weed List.

Use the following the method to show compliance with this requirement:

(a) Provide noxious weed-free certification for all imported aggregate, borrow, bedding material, riprap and erosion control materials that are capable of harboring noxious weed seed. Noxious weed-free certification must meet or exceed the North American Weed Management Association (NAWMA) standards (http://www.nawma.org/). These standards include that all components be inspected in the State/Province of origin by proper officials or authority (described below). For a material source provider to be considered certified noxious weed-free, all staging areas, work areas and facilities associated with producing the material must be inspected by a qualified Government inspector, or other proper officials or authority (described below), and determined to be free of all noxious weeds.

(1) Meet the North America Weed Management Association (NAWMA) standards for inspection and certification.

(2) Proper official/authority to perform the inspections is:

(a) National Park Service (NPS) representative designated by Olympic National Park.

May be referred to as the “NPS Representative,” “the Park” or “the NPS”, hereafter.

To request an inspection by the NPS, submit request to the CO and allow up to seven working days for NPS inspection;

(b) Representative of that State’s Department of Agriculture;

(c) County weed supervisor, county weed inspector, county weed superintendent and/or county weed coordinator;

(d) University Extension Agent; or

(e) An individual designated by that State’s law or regulation. This individual will be trained and certified in accordance with the State’s standard operating procedures.

Submit material certifications to the CO for approval at least 5 days prior to their use in the work.

105.02(a) Government-provided sources. Delete this Subsection and substitute the following:

There are no Government-provided sources for this project.

http://www.nawma.org/

E-7 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

105.02(b) Government-provided material stockpile. Delete this Subsection.

105.02(c) Contractor-located sources. Add the following:

Sites outside construction limits. Activities outside the construction limits that will require ground disturbance, occupation, clearing, or other environmental impacts are limited to the following: staging areas and water sources. Provide the following documents before using these sites.

The requirements below do not apply to Government designated sources or commercial sources that are established, have provided material to public and private entities on a regular basis over the last two years, have appropriate State and local permits, and do not require expansion outside their currently established and permitted area.

(1) Proposed activity description. Submit a description, schedule, and location of the proposed activities for approval by the CO. Include maps of the area and other relevant information.

(2) Cultural resources. Submit written documentation satisfactory to the CO for a recommendation of either "no historic properties affected" or “no effect” according to 36 CFR 800.4(d)(1) for historic properties on or eligible for listing to the National Register of Historic Places. Provide either:

(a) Documentation showing there are no cultural resources present, and a recommendation of either "no historic properties affected" or “no effect” according to 36 CFR 800.4(d)(1). Documents must be prepared by an individual qualified under the Secretary of the Interiors’ Standards and Guidelines for Archeology and Historic Preservation, 48 FR 44716-44740.

Documentation must be satisfactory to the State Historic Preservations Officer (SHPO) or Tribal Historic Preservations Officer (THPO) as appropriate, according to 36 CFR 800.3(c).

The CO will submit the documentation to the SHPO or THPO. Anticipate a minimum of 45 days from receipt of the documentation by the SHPO or THPO before use of the site may be approved; or

(b) Documentation showing a finding of either "no historic properties affected" or “no effect” according to 36 CFR 800.4(d)(1) has been previously obtained for the proposed activities from the State, Tribal Government or Federal Land Management Agency responsible for the land. Include attached copies of SHPO concurrence, or Memorandum of Agreement (MOA) where concurrence is not required.

(3) Species protected under the Endangered Species Act of 1973. Submit written documentation satisfactory to the CO that the proposed action will have no effect to any threatened or endangered species or their critical habitat. Provide either:

E-8 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

(a) A current list of all threatened or endangered species in the site of proposed activities from the U.S. Fish and Wildlife Service; and a recommendation of a "no effect" determination according to Section 7 of the Endangered Species Act prepared by a biological specialist with a minimum of 3 years of experience in Endangered Species Act compliance or other qualifications acceptable to the CO. Allow for a minimum of 45 days from submittal to the CO before use of the site may be approved; or

(b) Documentation showing the proposed activities have previously been determined to comply with the Endangered Species Act and this determination remains valid.

This documentation must be from the State, Tribal Government or Federal Land Management Agency responsible for the land. Attach evidence of compliance, including correspondence with the U.S. Fish and Wildlife Service.

(4) Wetlands as defined by the U.S. Army Corps of Engineers’ 1987 Wetland Delineation Manual (WDM). Submit written documentation satisfactory to the CO, that the proposed action will comply with Section 404 of the Clean Water Act, Executive Order 11990, and will not affect any wetlands. Documentation must be prepared by a wetland specialist with a minimum of 3 years of experience in wetland delineation using WDM or other qualifications acceptable to the CO.

(5) Federal lands. Before use of sites on federal lands, submit a copy of the Letter of Approval or Special Use Permit from the applicable federal agency allowing use of the site for intended purposes.

(6) Tribal, state and local approvals. Comply with applicable laws regarding the proposed activities. Submit copies of required clearances, including hazardous waste compliance, tribal, State and local permits and approvals.

Allow 12 days (in addition to other agency time requirements) for approval of documents submitted to the CO.

105.02(d) Water Sources. (Add Subsection).

Non-potable construction water may be available through the National Park Service from streams and lakes. Provide a fish friendly screen approved by the park fishery biologist on the intake. Coordinate use with the CO in consultation with the Park. Micro surfacing requires potable water.

105.04 Handling and Storing Material. Delete the text of the second paragraph and substitute the following:

Use previously disturbed and cleared areas at NPS pits including a pit located at milepost 3.9 LT on Route 017 Hoh Road and a gravel pullout located at milepost 2.5 RT on Route 104AZ Quinault North Shore Road A for staging or storing of materials such as aggregate for micro surfacing, temporary traffic control devices; and for equipment parking. Pullouts along the roads

E-9 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II or an area of existing parking lots may be available for short-term use if public traffic and visitors are not impacted by the staging as approved by the CO.

Prepare site by installing construction fence at locations to protect the public and Park resources as required by the CO in consultation with the Park. Install sediment control devices according to Section 157, as necessary, to prevent sediment from leaving stockpile locations during storm events. Stockpiles, construction fence, staging area signs, and sediment control devices are subsidiary to surface treatments and no direct compensation will be provided.

Provide additional space as needed. Do not use private property for staging or storage without written permission of the owner or lessee. Submit copies of agreements and documents.

Transport import material directly from the source to each Park without intermediary storage or staging. Transport and store materials such that they will not acquire invasive non-native plant seeds from adjacent vegetation. Non-native invasive plants, or noxious weeds, are species of plants that do not naturally occur in a particular area and have the potential to spread from their point of introduction into surrounding areas.

E-10 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 106. — ACCEPTANCE OF WORK

11/05/15– FP-14

106.01 Conformity with Contract Requirements. Amend as follows:

Add the following to the second paragraph:

Use the modified AASHTO procedures for sampling and testing contained in the WFLHD Supplements to Nationally Developed Standard Test Procedures; except, when a specified sampling or test method is not included in this supplement, sample and test according to the referenced AASHTO test procedure.

Delete the third paragraph and substitute the following:

Use the FLH Field Materials Manual (FMM), Appendix B: FLH Test Methods in effect on the date of the IFB or RFP. Electronic copies of the FLH Test Methods and FHWA forms can be downloaded from:

http://flh.fhwa.dot.gov/resources/materials/.

Delete the fourteenth paragraph and substitute the following:

Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the Government.

Add the following:

Obtain copies of the following documents at:

http://flh.fhwa.dot.gov/resources/construction/paynotes/

• Construction Paynote Examples, dated August 2011.

Obtain copies of the following documents at:

http://flh.fhwa.dot.gov/business/resources/materials/

• Appendix B of the Federal Lands Highway Field Materials Manual, dated October 2008;

• WFLHD Supplements to Nationally Developed Standard Test Procedures; and

• Standard WFLHD Method of Test for Accelerated Weathering of Aggregate by Use of Dimethyl Sulfoxide (DMSO).

http://flh.fhwa.dot.gov/resources/construction/paynotes/ http://flh.fhwa.dot.gov/business/resources/materials/

E-11 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

106.02 Visual Inspection. Delete the text of this Subsection and substitute the following:

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. Use prevailing industry standards in the absence of specific contract requirements or tolerances.

106.03 Certification. Add the following after the second paragraph:

Obtain required certifications and maintain records of all required certifications according to Subsections 103.04, 153.04, and 155.07.

Submit a completed Form WFLHD 87 Certification of Compliance with each material requiring a certification. An electronic version may be found at:

http://flh.fhwa.dot.gov/resources/construction/forms/.

Submit all certifications to the CO unless otherwise specified in the Section ordering the work.

106.07 Partial and Final Acceptance. Delete paragraph (a) and substitute the following:

(a) Partial acceptance. When the Base Schedule, an Option, or any road within an option is completed, a final inspection of that portion of the project may be requested. If the portion is complete and in compliance with the contract, it will be accepted, and the Contractor will be relieved of further responsibility for maintenance of the completed portion. Partial acceptance does not void or alter any of the terms of the contract.

E-12 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 107. — LEGAL RELATIONS AND

RESPONSIBILITY TO THE PUBLIC

07/15/16– FP-14

107.01 Laws to be Observed. Delete the third paragraph and substitute the following:

Notify the CO immediately permits or agreements that are required by the Contractor’s methods of operation. Allow adequate time in the construction schedule for any permits. Furnish copies of all acquired permits and agreements not in the contract.

107.02 Protection and Restoration of Property and Landscape. Amend as follows:

Add the following to the second paragraph:

Record the condition of the staging and stockpile areas with photos and/or videos prior to use.

Provide digital copies to the CO. Restore all areas used as staging and/or stockpiling areas to their preconstruction condition at no additional cost to the government.

Delete the third paragraph and substitute the following:

Do not disturb any area outside the construction limits unless authorized according to Subsection 105.02(c). Replace trees, shrubs, or vegetated areas outside the construction limits damaged by construction operations as directed and at no cost to the Government. Only remove damaged limbs of existing trees when directed by an approved arborist.

Add the following to the fourth paragraph:

Paleontological remains and archeological specimens found within the construction area are the property of the National Park Service and will be removed only by the National Park Service or designated representatives. Notify the CO within 1 hour of any discovery. The notification will include a brief statement of the location and details of the finding.

Delete the sixth paragraph and substitute with the following:

Before beginning work in an area, contact the local Utility Locator Service, at 811 or www.call811.com, to have all utilities located at least 3 working days before starting any excavation. Protect utilities from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities to minimize interruption of service, duplication of work, and delays.

107.03A Public Notice. (Added Subsection).

Publish notices of the road work in local newspapers and on local radio stations. Include a description of the work, expected delays, and periods when the road is open to traffic without delays. Issue the notice at least 5 days before beginning work on the project or beginning work after a winter suspension and at times according to Section 108.1.

E-13 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

107.08 Sanitation, Health, and Safety. Add the following after the first paragraph:

Submit an accident prevention plan for implementing safety and health standards at the Preconstruction Conference. Use the Government furnished Form WFLHD-28, Guide Outline of Contractor's Accident Prevention Plan.

107.10 Environmental Protection. Amend as follows:

(c) Dirt, plant, and foreign material. Delete the first paragraph and substitute the following:

Remove dirt, plant, and foreign material from vehicles and equipment before entry into Olympic National Park. Prevent introduction of noxious weeds and non-native plant species into the work site. Follow applicable Federal land management agency requirements and state requirements. Maintain cleaning and inspection records. Clean hauling vehicles before their initial entry; subsequent entries will not require cleaning unless requested. Notify the CO a minimum of 48 hours before entry to allow for inspection.

(d) Clearances for Contractor-selected, noncommercial areas. Delete this Subsection and substitute the following:

(d) Other requirements.

Comply with the following requirements:

(1) Remove all materials including trash and food wastes from project sites to reduce the attraction of predators.

(2) Do not disturb any wildlife species (i.e. reptiles, migratory birds, raptors, or bats) found nesting, hibernating, estivating, or otherwise living in, or immediately nearby, worksites.

(3) Confine staging and parking for vehicles, equipment and materials to paved overlooks and parking areas as directed by CO.

E-14 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 108. — PROSECUTION AND PROGRESS

03/25/16– FP-14

108.01 Commencement, Prosecution, and Completion of Work. Amend as follows:

Delete the text of the second paragraph and substitute the following:

A preconstruction conference will be held after the task order is awarded and before beginning work. Seven days before the preconstruction conference, submit copies of the preliminary construction schedule according to Section 155. Conduct a weekly progress meeting with the project team to discuss coordination issues as well as the upcoming work schedule.

Add the following:

Furnish at least 72 hours advance notice before changing the current work schedule. Work schedule changes that include additional shifts require 14 days notice.

Furnish a firm schedule for work in campgrounds and an alternate schedule in case of weather or other delays.

Perform work under this contract according to the following:

(a) Do not perform construction operations between 6:00 p.m. Friday and 6:00 a.m. the following Tuesday of the Memorial Day and Labor Day weekends and between 12:00 p.m.

July 3 to 6:00 a.m. July 5. If July 4 falls on a weekend, Friday, or Monday, do not work the weekend.

(b) Do not start construction operations prior to 8:00 a.m. or 2 hours after sunrise, whichever is later. Complete all construction operations each day no later than 6:00 p.m. or 2 hours prior to sunset, whichever is earlier.

(c) Complete all construction operations within Visitor Center parking areas in two phases.

Maintain half of the total parking stalls available to the public including ADA accessible stalls. Maintain access to the Visitor Center at all times during Visitor Center operating hours.

Restrictions for work in specific locations are shown in Table 108-1.

E-15 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Table 108-1 Route Construction Restrictions

Route Name/Area Notes Work days

Time of year for allowable construction

107 Hoh Road & pullouts Keep one lane open at all times (alternating two-way traffic)

Mon- Fri

Complete work by July 30 or after August 7

939 Rialto Beach Parking Keep half of the parking area open at all times.

Contract Time

213A

213AA

213B 213C 213D 213E 213F

Kalaloch Campground Loop A Kalaloch Cmpgrd Loop A Connector Kalaloch Campground Loop B Kalaloch Campground Loop C Kalaloch Campground Loop D Kalaloch Campground Loop E Kalaloch Campground Loop F

Keep a minimum of two campground loops open at all times

Tue- Thurs

May 1 – June 30

215 Hoh Campground Entrance Keep one lane open at all times (alternating two-way traffic)

Tue- Thurs

Contract Time

215A

215AA

215B 215C

Hoh Campground Loop A Hoh Campground Loop A Connector Hoh Campground Loop B Hoh Campground Loop C

Keep a minimum of two campground loops open at all times

Tue- Thurs

May 1 – June 30

228 Mora Campground Access Road Keep one lane open at all times (alternating two-way traffic)

Tue- Thurs

Contract Time

228A 228B 228C 228D 228E

Mora Campground Loop A Mora Campground Loop B Mora Campground Loop C Mora Campground Loop D Mora Campground Loop E

Keep a minimum of two campground loops open at all times

Tue- Thurs

May 1- June 30

936 Hoh Visitor Center Parking Keep half of the parking area open at all times. Provide access to the visitor center at all times.

Tue- Thurs

Contract Time

Quinault Rainforest Ranger Station Road and parking areas

Keep half of the parking area open at all times. Provide access to the visitor center at all times.

Tue- Thurs

Prior to Memorial Day

Kalaloch Concession Area Complete work on the west side of the road in three phases (i.e. only close the area 1/3 at a time)

Mon - Friday

Contract Time

Note: Limit all work as provided in Subsection 108.01(b). Provide the CO at a minimum of 5 days’ notice prior to work at all locations. Route construction restrictions do not apply for crack sealing and asphalt patching operations except as follows: 1) Temporary Traffic Control plans are approved prior to work; 2) Maintain public access during work; and 3) Maintain access to all campsites and campground loops during work.

108.01A Labor. (Added Subsection).

Follow the requirements of FAR Clause 52.222-6 Construction Wage Rate Requirements.

Adjacent or virtually adjacent work sites, as used in FAR Clause 52.222-6, are defined to be work sites within ½ mile of the project. Application of Construction Wage Rate Requirements (Davis-Bacon Act) for work sites beyond ½ mile of the project will be determined by the CO.

E-16 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

108.03 Determination and Extension of Contract Time. Amend as follows:

Delete paragraph 108.03(a)(2).

Add the following to paragraph (c):

No adjustment in contract time or amount will be made for stop orders issued under Subsection 108.05(a) or (b), except an adjustment in contract time, as provided by FAR Clause 52.249-10 Default (Fixed-Price Construction), may be made when the Contractor is able to demonstrate that the weather was unusually severe based on the most recent 10 years of historical data.

108.04 Failure to Complete Work on Time. Delete this Subsection and substitute the following:

Follow the requirements of FAR Clause 52.211-12 Liquidated Damages — Construction.

Liquidated damages in the amount specified in Table 108-2 will be assessed for each calendar day beyond the time specified in the contract until substantial completion of the work.

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

Liquidated damages will not be assessed for the following:

(a) The day of the final inspection.

(b) Days required to perform work added to the contract after substantial completion including items identified during the final inspection that were not required before that time.

(c) Delays by the Government after all work is complete and before a formal acceptance is executed.

(d) Periods of time when all work is complete but acceptance is delayed pending the plant establishment period or similar warranty period.

(e) During winter shutdown periods ordered by the CO.

E-17 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Table 108-2 Charge for Liquidated Damages for Each Day

Work Is Not Substantially Completed

Original Contract Price Daily

Charge From More Than —

To and Including —

$ 0 $ 1,000,000 $ 1,000

$ 1,000,000 $ 2,000,000 $ 1,800

$ 2,000,000 $ 5,000,000 $ 3,500

$ 5,000,000 $ 10,000,000 $ 4,400

$ 10,000,000 and more $ 5,200

108.05 Stop Order. Delete the last paragraph.

E-18 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Section 109. — MEASUREMENT AND PAYMENT

11/05/15– FP-14

109.01 Measurement of Work. Delete the text of this Subsection and substitute the following:

Take and record measurements and perform calculations to determine pay quantities for invoicing for work performed. Take or convert all measurements of work according to U.S.

Customary (Metric) measure.

Unless otherwise specified, measure when the work is in-place and complete according to the contract. Measure the actual work performed, except do not measure work outside the design limits or other adjusted or specified limits. Measure structures to the lines according to the plans or to approved lines adjusted to fit field conditions.

Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement Subsection of the Section controlling the work being performed. For individual pay items, the decimal accuracy for measurement of quantities will be determined by the CO.

Decimal accuracy for measurement is one decimal beyond the accuracy of the quantity for payment.

Remeasure quantities if it has been determined that a portion of the work is acceptable, but has not been completed to the lines, grades, and dimensions shown in the plans or established by the

CO.

Submit measurement notes within 24 hours of completing work that is in-place and complete according to the contract. For on-going work, submit measurement notes weekly. When work is not complete, identify the measurement as being an interim measurement. Submit the final measurement when the installation is completed. Measurement notes form the basis of the Government’s receiving report; see Subsection 109.08(d). For lump sum items, submit documentation to support invoiced progress payment on a monthly basis.

Use an acceptable format for measurement notes. As a minimum, include the following information:

(a) Project number and name;

(b) Line item number, pay item number and description;

(c) Date the work was performed;

(d) Location of the work;

(e) Measured quantity;

(f) Calculations made to arrive at the quantity;

(g) Supporting sketches and details as needed to clearly define the work performed and the quantity measured;

E-19 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

(h) Names of persons measuring the work;

(i) Identification as to whether the measurement is interim or final; and

(j) Signed certification statement by the persons taking the measurements and performing the calculations, that the measurements and calculations are correct.

Prepare pay item measurement notes on Form FHWA 17-348 Record of Miscellaneous Items. An electronic version of the form is available at:

http://flh.fhwa.dot.gov/resources/construction/forms/wfl/.

109.02 Measurement Terms and Definitions. Amend the following:

Delete the text in paragraph (o) and substitute the following:

(o) Square foot and Square yard (Square meter). 1 square yard equals 9 square feet.

Measurements for area computations will be made horizontally or vertically to the surface being measured. No deductions from the area computation will be made for individual fixtures having area of 9 square feet (1 square meter) or less. Do not measure overlaps.

Add the following:

(s) Fixed hourly rate. 60 minutes. Measure the actual number of hours ordered by the CO and performed by the Contractor. Round portions of an hour up to the next half hour.

Measure time in excess of 40 hours per week at the same rate as the first 40 hours.

109.04 Receiving Procedures. Delete the text of paragraph (b) and substitute the following:

(b) Task Order line item number, pay item number and description;

109.06 Pricing of Adjustments. Add the following text after the third paragraph:

At the preconstruction conference, furnish the following information to the CO, which will be used to price future adjustments and contract modifications.

• Overhead. Furnish the CO with a copy of the current certified or audited jobsite and home office overhead costs for the Contractor and Subcontractors. Provide supporting data, which justifies the costs. List costs that are included in overhead and identify the cost pool(s) to which overhead is applied.

• Equipment. Furnish the CO with a complete descriptive listing of equipment to be used by the Contractor and Subcontractors, including the make, model, and year of manufacturer of each piece of equipment, including attachments to the base equipment. Furnish the following cost information:

o Rented Equipment. Provide current invoices to support rented or leased equipment costs.

http://flh.fhwa.dot.gov/resources/construction/forms/wfl/

E-20 DIVISION 100

Project: WA NPS PRES 15(2), Pavement Preservation Olympic Phase II

Owned Equipment. Determine allowable ownership and operating costs for Contractor- and Subcontractor-owned equipment using actual equipment cost data determined from the operating cost records. In the event that actual equipment cost data is not available, provide the CO with a statement signed by the highest officer or official in the company that such cost data is not available. Also provide a complete set of supporting documentation containing all ownership records that are available, including any purchase records, depreciation records, maintenance records, or other records that relate to the ownership and operating costs for each piece of equipment. When actual costs cannot be determined, use the rates shown in the U.S. Army Corps of Engineers Construction Equipment Ownership and Operating Expense Schedule (CEOOES) for the region where costs are incurred. Adjust the rates for used equipment and for other variable parameters used in the schedules.