R16PS00869_Whiskeytown_Lake_-_Spring_Creek_Temperature_Control_Curtain_Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE Page of Pages

2. AMENDMENT/MODIFICATION

3. EFFECTIVE DATE

8/3/2016

4. REQUISITION/PURCHASE NO.

0040267112

5. PROJECT NO.

20-C0852

6. ISSUED BY CODE: 00020

Bureau of Reclamation Mid-Pacific Regional Office 2800 Cottage Way, Room E-1815 Sacramento, California 95825-1898

7. ADMINISTERED BY CODE: 00020

Bureau of Reclamation Mid-Pacific Regional Office 2800 Cottage Way, Room E-1815 Sacramento, California 95825-1898

8. NAME AND ADDRESS OF CONTRACTOR

X

9A. AMENDMENT OF SOLICITATION NO.

R16PS00869

9B. DATED (SEE ITEM 11)

07/12/2016

10A. MODIFICATION OF CONTRACT NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of offers ( ) is extended (x) is not extended. Offerors 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 ACKNOWLEDGEMENT 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)

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:

THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.

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 FAR 43.103(b).

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor ( ) is not, ( ) is required to sign and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible) The Solicitation cited in block 9A above is hereby amended.

A. Title: Whiskeytown Lake Spring Creek Temperature Control Curtain B. Purpose: The purpose of this amendment is to incorporate site visit attendance sheet, make below described changes to solicitation documents and provide responses to contractor questions.

C. Description: This amendment hereby incorporates the following:

1) Period of performance is hereby changed from 120 calendar days to 425 calendar days. Accordingly block 11 of SF1442 is hereby changed to read from 120 calendar days to 425 calendar days after receiving notice to proceed.

2) Attached revised documents as listed below is hereby incorporated. Changes are identified via bold font and line on the left margin.

a) Remove and replace Specification Section 05 50 00 – Metal Fabrication

b) Remove and replace Section F – Deliveries or Performance

c) Remove and replace Section H – Special Contract Requirements

d) Remove and replace Section I – Contract Clauses

e) Remove and replace Section J page 1

f) Remove and replace Section L – Instructions, Conditions and Notices to Offerors

f) Remove Attachment 3 in its entirety – Subcontractor Percentages Worksheet

g) Add Attachment 7 – Site Visit Attendance Sheet

h) Add Attachment 8 – Questions and Answers

The offeror must acknowledge this amendment by following one of the methods mentioned in Item 11 above.

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)

16A. NAME AND TITLE OF CONTRACTING OFFICER

Erim Celik

Contracting Officer

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

NSN 7540-01-152-807030-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

MICROSOFT WORD VERSION

SECTION 05 50 00

METAL FABRICATIONS

PART 1 GENERAL

1.01 MEASUREMENT AND PAYMENT

A. Reconditioning of Tanks and Floats:

1. Payment: Lump sum price offered in the Price Schedule.

a. All Surface Stabilizing Tanks

b. All Upper Boom Floating Tanks

B. Replacement and Installation of Chains, Shackles, Load Bar Ends, and End Bumpers:

1. Payment: Lump sum price offered in the Price Schedule.

a. Chains: 10,400 ft. (including contingencies)

1) Upper boom floating tank to Upper boom floating tank: 375 ft.

2) Upper boom floating tank to Stabilizing Tanks: 770 ft.

3) Stabilizing Tanks to Lake Anchor: 8559 ft.

4) Chain Bridle: 200 ft.

5) Shore Anchor Connection: 130 ft.

b. Shackles: 640 (including contingencies)

1) Upper boom floating tanks to Upper boom floating tank: 480

2) Upper boom floating tanks to Lake Anchors:132

3) Shore Anchors: 6

4) All existing shackles shall be property of the government

c. Load Bar Ends: 40

d. End Bumpers: 240

1) Repair to end bumpers is on hole that connects to the Upper Chain. It is not the intent to replace the whole end bumper.

C. Cost: Include cost miscellaneous metalwork in applicable item in the Price Schedule.

1.02 DEFINITIONS

A. Miscellaneous metalwork: Shown on the drawings or specified elsewhere in this Section, but not specified in other Sections.

R16PS00869

Amendment 0001

1.03 REFERENCE STANDARDS

A. ASTM International (ASTM)

1. ASTM A36/A36M-14 Carbon Structural Steel

2. ASTM A53/A53M-12 Pipe, Steel, Black and Hot-dipped, Zinc- Coated Welded and Seamless

3. ASTM A123/A123M-13 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products

4. ASTM A153/A153M-09 Zinc Coating (Hot-Dip) on Iron and Steel Hardware

5. ASTM A307-14 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength

6. ASTM A325-14 Structural Bolts, Steel, Heat Treated 120/105 ksi Minimum Tensile Strength

7. ASTM A385/A385M-11 Providing High-Quality Zinc Coatings (Hot- Dip)

8. ASTM A500/A500M-13 Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes

9. ASTM A563-07a(2014) Carbon and Alloy Steel Nuts

10. ASTM A586-04a(2014) Zinc-Coated Parallel and Helical Steel Wire Structural Strand

11. ASTM A780/A780M-09 Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings

12. ASTM F436-11 Hardened Steel Washers

13. ASTM F844-07a(2013) Washers, Steel, Plain (Flat), Unhardened for General Use

B. American Welding Society, Inc. (AWS)

1. AWS D1.1/D1.1M-10 Structural Welding Code - Steel

C. Federal Specifications (FS)

1. FS RR-C-271F Chains and Attachments, Welded and Weldless

D. Society of Protective Coatings (SSPC)/NACE International (NACE)

1. NACE 3/SSPC-SP6-07 Joint Surface Preparation Standard - NACE No. 3/ SSPC-SP6 - Commercial Blast Cleaning

2. NACE 4/SSPC-SP7-07 Joint Surface Preparation Standard - NACE No. 4/ SSPC-SP7 - Brush-Off Blast Cleaning

1.04 SUBMITTALS

A. Submit the following accordance with Section 01 33 00 – Submittals.

B. RSN 05 50 00-1, Approval Data:

1. Reconditioning area, plan, and related equipment information for:

a. Stabilizing Tanks

b. Upper Boom Floating Tanks

C. RSN 05 50 00-2, Stabilizing Tank Load Bar:

1. Shop drawings, weld plan, data sheets, and related information for:

a. Replacing load bar ends on Stabilizing Tanks

D. RSN 05 50 00-3, Upper Boom Floating Tank End Bumper:

1. Shop drawings, weld plan, data sheets, and related information for:

a. Replacing end bumpers on Upper Boom Floating Tanks

E. RSN 05 50 00-4, Replacement Metalwork:

1. Material specifications, data sheets, and related information for:

a. Chains

b. Shackles

1.05 QUALIFICATIONS

A. Qualify welders in accordance with AWS D1.1 using procedures, materials, and equipment of the type required for the work.

1.06 DELIVERY, STORAGE, AND HANDLING

A. Protect from corrosion, deformation, and other types of damage.

B. Store items in an enclosed area free from contact with soil and weather.

PART 2 PRODUCTS

2.01 MATERIALS

A. Bolts, Nuts, And Washers:

1. Eyebolts: Forged steel, ASTM A668, class C.

2. Nuts: ASTM A563.

3. Capscrews: FS FF-S-85.

4. Washers:

a. For use with ASTM A325 bolts: ASTM F436

b. Unhardened for general use: ASTM F844.

5. Bolts:

a. ASTM A307, except anchor bolts and studbolts.

b. Anchor bolts as shown on drawings

c. ASTM A36 steel

d. Length of bolt threads: ASME B18.2.1.

e. Thread class: 2 free-fit, American National coarse-thread series.

6. Studbolts:

a. Suitable for end welding to steel with automatically timed stud-welding equipment.

B. Chain:

1. FS RR-C-271, type 1, class 1, 2, or 4.

2. Hot Dipped Galvanized steel.

3. Size, quantities, locations, and breaking strength as shown in the Cross Section of Lake Anchor and Bottom Float detail on drawing 416-214-5376.

C. Shackles

1. 7/8 inch anchor shackle, with locknut and pin.

2. Hot Dipped Galvanized steel.

3. Quantities, locations, and breaking strength as shown in the Cross Section of Lake Anchor and Bottom Float detail on drawing 416-214-5376.

2.02 FABRICATION

A. If straightening is necessary, use methods that will not injure the metal.

B. After shop work completion and before galvanizing, if required, clean material of rust, loose scale, dirt, oil, grease, slag from welded areas, and other foreign substances.

C. Galvanizing:

1. Galvanize items of metalwork as specified or shown on drawings. Use hot-dip galvanizing, where required after fabrication, in accordance with ASTM A123 and A385.

2. Galvanize bolts, nuts, washers, and locknuts in accordance with ASTM A153.

Remove excess spelter by centrifugal spinning.

3. Galvanizing Repair:

a. Redip material with damaged galvanizing unless damage is local and can be repaired by two component epoxy zinc primer.

b. If the galvanized coating becomes damaged after being dipped twice, the material will be rejected.

c. Where local repair is authorized:

1) Repair damaged galvanized surfaces in accordance with ASTM A780, except repair materials containing cadmium or lead are not permitted.

PART 3 EXECUTION

3.01 PREPARATION

A. Where locations and dimensions of miscellaneous metalwork shown on drawings are dependent upon existing equipment and/or equipment furnished, confirm locations and dimensions prior to fabrication of miscellaneous metalwork.

3.02 INSTALLATION

A. Chains: Attach to Temperature Control Curtain and Lake Anchor as shown on the Drawing 416-214-5376.

B. Shackles: Attach to Temperature Control curtain floatation system as shown on drawings.

C. Load Bar ends: Repair in accordance to approved drawings. See drawing 416-214-5361.

D. End Bumpers: Repair in accordance to approved plan. See drawing 416-214-5359.

E. Galvanizing Repair:

1. Recoat all surfaces for Stabilizing Tanks and Upper Boom Floating Tanks per coating instruction shown on the Drawings.

END OF SECTION

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R16PS00869 Amendment 0001 Whiskeytown Lake - Spring Creek Temperature Control Curtain Specifications No. 20-C0852

F-1

SECTION F - DELIVERIES OR PERFORMANCE

Clause

Title

Date

52.211-18 Variation in Estimated Quantity APR 1984

52.242-14

Suspension of Work

APR 1984

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to

(a) commence work under this contract within 7 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 425 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

FAR 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 $2,000.00 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.

H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Special Limitations to the Work Period

The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation and provides additional limits to the time allowed for the Offeror to perform this work.

1. The Contractor shall only perform underwater work in accordance with Section 01 14 10, Use of Site, Part 1.04.C.

a. Contractor shall provide the OGR with 72 hours notice prior to commencing curtain patching work.

2. The curtain patching work must be performed during the month of October and completed by either October 31, 2016 or October 31, 2017.

H.2 DIAPR 2000-1 – NON DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF

THE INTERIOR CONTRACTORS, SUBCONTRACTORS, AND LESSORS (DEC 1999)

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

H.3 ET 02-20 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF

RECLAMATION CONTRACTORS (SEP 2002)

(a) Definitions.

IRCA - Immigration Reform and Control Act of 1986 INA - Immigration and Nationality Act INS - Immigration and Naturalization Service SSA - Social Security Administration INS SAVE Program - The INS Systematic Alien Verification for Entitlements Program ESA - Employment Standards Administration (Department of Labor)

(a) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101 as amended) and the Immigration and Nationality Act, Section 274A.

(b) Who is Covered. INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers, including government contractors.

(c) Basic Provisions/Requirements. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must

H-2 keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. Detailed guidance on the I-9 is available at the INS web site: http://uscis.gov/graphics/services/employerinfo/index.htm

(d) Employment Verification Pilot Programs. The INS and the SSA are conducting the following programs that provide employers a way to confirm the employment eligibility of their newly hired employees. Any employer located in a pilot state may volunteer to participate in a pilot program. If employers are not located in a pilot state, they would verify employment eligibility by following the procedures currently in place, i.e., by completing Form I-9.

(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification checks of the SSA and INS databases of all newly hired employees, regardless of citizenship. To receive information on the Basic Pilot program please call the INS SAVE Program toll free at 1- 888-464-4218, or fax your request for information to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC 20536. You may also contact the Social Security Administration by calling (410) 966-1940, or writing to Social Security Administration, Office of Program Benefits Policy, 6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.

(2) The INS is conducting the Citizen Attestation Pilot in the States of Arizona, Maryland, Massachusetts, Michigan, and Virginia. The Citizen Attestation Pilot permits participating employers to electronically verify the employment eligibility of newly hired alien employees by using a personal computer with a modem. To receive information on the Citizen Attestation Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981. Employers may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

(3) The INS and the SSA are conducting the Machine-Readable Document Pilot in the State of Iowa. The Machine-Readable Document Pilot is identical to the Basic Pilot in all respects, except for the geographic scope of the pilot and for one additional feature. If an employee presents an Iowa's driver's license or identification card containing a machine-readable SSN, the employer will make an inquiry through the confirmation system by using the machine-readable feature. To receive information on the Machine-Readable Document Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514- 9981. You may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

(e) Employee Rights. The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.

(f) Compliance Assistance. More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Department of Labor's Employment Standards Division, Wage and Hour Division, and the Office of Federal Contract Compliance Programs.

(g) Penalties/Sanctions. Employers who fail to complete and/or retain the I-9 forms are subject to penalties. The INS enforces the INA requirements on verification of employment eligibility. The Justice Department enforces the anti-discrimination provisions. As part of their ongoing enforcement efforts, the ESA's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I-9 forms. They report their findings to the INS and to the Department of Justice when they find cases of disparate treatment or unauthorized http://uscis.gov/graphics/services/employerinfo/index.htm

H-3 employment. A debarring official may debar a contractor, based on a determination by the Attorney General of the United States, or designee, that the contractor is not in compliance with the INA. The Attorney General's determination is not reviewable in the debarment proceedings.

I-1

SECTION I - CONTRACT CLAUSES

FAR 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vfdiara.htm (DIAR 1452.XXX-XX formatted clauses) http://farsite.hill.af.mil/vffara.htm (FAR 52.XXX-XX formatted clauses)

Clause

Title

Date

52.202-01

Definitions

NOV 2013

52.203-03

Gratuities

52.203-05

Covenant Against Contingent Fees

MAY 2014

52.203-06 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-07

Anti-Kickback Procedures

52.203-08

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-13

Contractor Code of Business Ethics and Conduct

OCT 2015

52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.204-04

Printing/Copying Double-Sided on Recycled Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13

System for Award Management

JUL 2013

52.204-14

Service Contract Reporting Requirements

JAN 2014

52.204-18

Commercial and Government Entity Code Maintenance

JUL 2015

52.204-19

Incorporation by Reference and Certification

DEC 2014

52.209-06

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, I-2 or Proposed for Debarment 52.209-09 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.215-02 Audit and Records - Negotiation OCT 2010 52.215-08

Order of Precedence - Uniform Contract Format

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications

AUG 2011

52.215-13 Subcontractor Cost or Pricing Data – Modifications OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-21

Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications

OCT 2010

52.219-08

Utilization of Small Business Concerns

OCT 2014

52.219-14 Limitations on Subcontracting (Deleted) NOV 2011 52.219-27 Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside

NOV 2011

52.219-28

Post-Award Small Business Program Representation

52.222-03

Convict Labor

JUN 2003

52.222-04 Contract Work Hours and Safety Standards Act- Overtime Compensation

52.222-06

Construction Wage Rate Requirements

52.222-07

Withholding of Funds

52.222-08

Payrolls and Basic Records

52.222-09

Apprentices and Trainees

JUL 2005

52.222-10

Compliance with Copeland Act Requirements

FEB 1988

52.222-11

Subcontracts (Labor Standards)

52.222-12

Contract Termination – Debarment

52.222-13

Compliance with Construction Wage Rate Requirements and Related Regulations

52.222-14

Disputes Concerning Labor Standards

FEB 1988

52.222-15

Certification of Eligibility

52.222-21

Prohibition of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

52.222-27

Affirmative Action Compliance Requirements for

I-3

Construction

52.222-35

Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

52.222-36

Affirmative Action For Workers with Disabilities

JUL 2014

52.222-37

Employment Reports on Veterans

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50

Combating Trafficking in Persons

MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015 52.223-03 Alt I

Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I

JUL 1997

52.223-04 Recovered Material Certification MAY 2008 52.223-05

Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-06

Drug Free Workplace

MAY 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

52.225-05 Trade Agreements NOV 2013 52.225-13

Restrictions on Certain Foreign Purchases

JUN 2008

52.227-01

Authorization and Consent

DEC 2007

52.227-02

Notice And Assistance Regarding Patent And Copy Infringement

DEC 2007

52.227-04 Patent Indemnity – Construction Contracts DEC 2007 52.228-02 Additional Bond Security OCT 1997 52.228-05 Insurance - Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds - Construction OCT 2010

52.229-03

Federal, State And Local Taxes

FEB 2013

52.232-05 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17

Interest

52.232-23

Assignment Of Claims

52.232-27

Prompt Payment for Construction Contracts

52.232-33

Payment by Electronic Funds Transfer – System for Award Management

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

I-4

52.232-40 Providing Accelerated Payment to Small Business Subcontractors

DEC 2013

52.233-01 Alt I

Disputes - Alternate I (DEC 1991)

52.233-03

Protest After Award

AUG 1996

52.233-04

Applicable Law For Breach Of Contract Claim

OCT 2004

52.236-02

Differing Site Conditions

52.236-03

Site Investigation and Conditions Affecting the Work

52.236-05

Material and Workmanship

52.236-06

Superintendence by the Contractor

52.236-07

Permits and Responsibilities

NOV 1991

52.236-09

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10

Operations and Storage Areas

52.236-11

Use and Possession Prior to Completion

52.236-12

Cleaning Up

52.236-13 Alt I

Accident Prevention (NOV 1991) – Alternate I

NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Construction Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (FEB 1997) – Alternate I FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.242-13

Bankruptcy

JUL 1995

52.243-04

Changes

JUN 2007

52.245-01 Alt I Government Property – Alternate I APR 2012 52.245-09 Use and Charges APR 2012 52.248-03

Value Engineering – Construction

52.249-02 Alt I

Termination for Convenience of the Government (Fixed-Price) (SEP 1996) – Alternate I

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-01 Computer Generated Forms JAN 1991

DIAR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS-DEPARTMENT JUL 1996

OF THE INTERIOR

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, I-5 as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

DIAR 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF JUL 1996

THE INTERIOR

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAR 1452.215-70 EXAMINATION OF RECORDS BY DEPARTMENT APR 1984

OF THE INTERIOR

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT JUL 1996

OF THE INTERIOR

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person $500,000 each occurrence $ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

I-6

DIAR 1452.237-70 INFORMATION COLLECTION – DEPARTMENT JUL 1996

OF THE INTERIOR

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

FAR 52.203-99 PROHIBITION ON CONTRACTING WITH MAR 2015

ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION 2015-02)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

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(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

FAR 52.222-55 MINIMUM WAGE UNDER EXECUTIVE ORDER 13658 DEC 2015

Minimum Wages Under Executive Order 13658 (Dec 2015)

(a) Definitions. As used in this clause-- “United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates.

The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum

I-8 wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

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(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the

I-10 procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA- MAY 2008

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/ . The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm .

FAR 52.225-09 BUY AMERICAN ACT— CONSTRUCTION MAY 2014

MATERIALS

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm

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(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate…