12-R-0028-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Reference Project Title and Location: Coastal Erosion Control Phase II, Unalakleet Alaska

a. The above numbered solicitation is hereby amended to include Special Contract Requirements (SCR) to the solicitation documents. The specif ic changes are identif ied on Page 2, Summary of Changes.

b. The date/time for receipt of offers remains unchanged at 7 August 2012 at 2:00 P.M. Alaska time.

c. The POC for this amendment is Yolanda M. Ikner, (907) 753-2553.

1. CONTRACT ID CODE PAGE OF PAGES

1 9

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Jun-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB-12-R-0028

X 9B. DATED (SEE ITEM 11)

15-Jun-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 Offer is extended, X is not extended.

Offer 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)

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.

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)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Jun-2012

CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

ATTN: CEPOA-CT( W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-12-R-0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

SPECIAL CONTRACT REQUIREMENTS

RFP COASTAL EROSION CONTROL PHASE II UNK337747

UNALAKLEET, ALASKA

SECTION 00 73 00.00 29

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Change 1-2010; Change 3-2010;

Errata 1-2010) Safety and Health

Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 81 Navigation and Navigable Waters

(International Navigation)

33 CFR 84 Navigation and Navigable Waters (Inland

Navigation)

33 CFR 89 Navigation and Navigable Waters (Inland

Navigation)

1.2 GENERAL SCR'S

1.2.1 SCR-GE030 Certificates Of Compliance And Lab Test Report:

SEE SECTION 01 33 00: SUBMITTAL PROCEDURES. Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report

Section 00 73 00.00 29 Page 2 applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.2.2 SCR-GE070 Requirements For Contractors Performance Evaluation:

The Government will evaluate the contractor's performance and prepare a performance report using the Construction Contractor Appraisal Support

System (CCASS), a web-based system http://www.cpars.csd.disa.mil/). After an evaluation (interim or final) is generated by the Government, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. If the Contractor fails to review, and or comment on the evaluation within the 30-day period, the Contracting

Officer will take the appropriate steps to finalize the evaluation without the contractor's comments. It is the sole responsibility of the Contractor to purchase any necessary software to access the electronic system, including a Public Key Infrastructure (PKI) certificate. Contractors are encouraged to obtain and use the Public Key Infrastructure (PKI) certificate. Details and information to access the system are listed below. The contractor shall provide the Contacting Officer the primary contact name and email address in order to receive the initial email and to access the system. Additional information and training material is available at http://www.cpars.csd.disa.mil/. This web site will give the contractor an understanding of the system and levels of access, the policies and regulations governing CCASS and the electronic workflow with particular attention to the Contractor comment function. Contractor users are required to obtain a PKI certificate in order to log into CCASS. PKI certificates can be purchased from DoD's industries partners under External

Certificate Authorities (ECAs). A list of ECAs vendors are available at http://www.cpars.csd.disa.mil/pki_info.htm.

1.3 SAFETY/SITE/SECURITY SCR'S

1.3.1 SCR-SS010 Safety And Health Requirements Manual:

US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (MAR 06):

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the

Contractor shall comply with the latest version of Engineer Manual 385-1-

1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/Home.aspx.

Section 00 73 00.00 29 Page 3 http://www.cpars.csd.disa.mil/) http://www.cpars.csd.disa.mil/pki_info.htm.

http://www.usace.army.mil/CESO/Pages/Home.aspx.

EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/Home.aspx. At the HQ homepage, select Safety and Occupational Health.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web (see web address above) as of the effective date of this solicitation and shall comply with the version in effect on the contract award date. This EM 385-1-1 shall remain in effect throughout the life of the contract. Section 00 73 00.00 29 Page 3

1.3.2 SCR-SS020 Signal Lights:

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed; vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than

65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International-inland (COMDTINST M16672.2) of 33 CFR

81 Appendix A (International) and 33 CFR 84 through 33 CFR 89

(Inland) as applicable.

1.3.3 SCR-SS030 Communication Security:

All communications with DOD organizations are subject to COMSEC review.

Contractor personnel shall be aware that tele- communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct

COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian Contractor personnel are advised that any time they place a call to or receive a call from Alaska District offices or Resident Engineer offices located on military installations, they are subject to COMSEC procedures. The

Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

Section 00 73 00.00 29 Page 4 http://www.usace.army.mil/CESO/Pages/Home.aspx

1.3.4 SCR-SS040 Haul Roads:

Whenever practical, one-way haul roads shall be used on this contract. Haul roads built and maintained for this work shall comply with the following:

1. One-way haul roads for off-the-road equipment; e.g., belly dumps, scrapers, and off-the-road trucks shall have a minimum usable width of 25 feet. One-way haul roads for over-the-road haulage equipment only (e.g., dump trucks, etc.) may be reduced to a usable width of 15 feet. When the Contracting Officer determines that it is impractical to obtain the required width for one-way haul roads (e.g., a road on top of a levee), a usable width of not less than 10 feet may be approved by the Contracting

Officer, provided a positive means of traffic control is implemented. Such positive means shall be signs, signals, and/or signalman and effective means of speed control.

2. Two-way haul roads for off-the-road haulage equipment shall have a usable width of 60 feet. Two-way haul-roads for over-the-road haulage equipment only may be reduced to a usable width of 30 feet.

3. Haul roads shall be graded and otherwise maintained to keep the surface free from potholes, ruts, and similar conditions that could result in unsafe operation.

4. Grades and curves shall allow a minimum sight distance of

200 feet for one-way roads and 300 feet for two-way roads. Sight distance is defined as the centerline distance an equipment operator (4.5 feet above the road surface) can see an object 4.5 feet above the road surface. When conditions make it impractical to obtain the required sight distance (e.g., ramp over levees), a positive means of traffic control shall be implemented.

5. Dust abatement shall permit observation of objects on the roadway at a minimum distance of 300 feet.

6. Haul roads shall have the edges of the usable portion marked with posts at intervals of 50 feet on curves and 200 feet maximum elsewhere. Such markers shall extend 6 feet above the road surface and, for nighttime haulage, be provided with reflectors in both directions.

Section 00 73 00.00 29 Page 5

1.3.5 SCR-SS060 Preservation Of Historical, Archeological & Cultural

Resources:

A. Known historical, archeological and cultural resources within the Contractor's work area are designated on the contract drawings.

The Contractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the contract.

B. If, during construction activities, the Contractor observes items that might have historical or archeological value, such observations shall be reported immediately to the Contracting Officer so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent its employees from trespassing on, removing, or otherwise damaging such resources.

1.3.6 SCR-SS070 Time Extensions For Unusually Severe Weather (ER 415-1-15, 31 OCT 89):

A. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract

Clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)". In order for the

Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

1. The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month.

2. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

B. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Section 00 73 00.00 29 Page 6

Monthly Anticipated Adverse Weather Delay Work Days Based on a 5-Day

Work Week

J A N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C

2 2 2 0 2 2 2 1 0 0 3 9 3 6 2 1 2 2

C. Upon acknowledgement of the Notice to Proceed and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and the resultant impact to normally scheduled work. Actual adverse weather delays days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day in each month, and be recorded as full days. If the number of actual adverse weather days exceeds the number of days anticipated in Paragraph

B, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather workdays, and issue a modification in accordance with the Contract Clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

1.4 CIVIL WORKS SCR'S

1.4.1 SCR-CW010 Damage To Work:

The responsibility for damage to any part of the permanent work shall be as set forth in the clause of the contract entitled "Permits and

Responsibilities". However, if, in the judgment of the Contracting

Officer, any part of the permanent work performed by the Contractor is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the

Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be

Section 00 73 00.00 29 Page 7 made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting

Officer, there are no contract unit or lump sum prices applicable to any part of such work an equitable adjustment pursuant to Clause, "Changes", of the contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except, as herein provided, damage to all work

(including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

1.4.2 SCR-CW060 Environmental Litigation:

A. If the performance of all or part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the "Suspension of Work" clause of this contract. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

B. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

(End of Summary of Changes)

Section 00 73 00.00 29 Page 8