Amendment_2_W912ES19R0019.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

See "Amendment 2" in the "Block 14 Summary of Changes" section.

1. CONTRACT ID CODE PAGE OF PAGES

1 15

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

16C. DATE SIGNED

BY

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 W912ES19R0019

X 9B. DATED (SEE ITEM 11)

22-Jul-2019

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 X is extended, 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

29-Aug-2019

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES19R0019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 2

The purpose of this amendment is as follows:

1. Make the following changes to the specifications:

SECTION 31 00 00.00 13

EARTHWORK

Paragraph 3.20 CARE OF WATER

REVISE THE FOURTH PARAGRAPH AS FOLLOWS:

The Contractor is responsible for protecting their work and responsible for replacing and/or repairing any work damaged by a flood. The Contractor shall submit a Flood Protection Plan.

ADD THE FOLLOWING PARAGRAPH

3.20.1 Flood Protection Plan

The flood protection plan shall discuss the contractor’s methods for protecting the site from potential flooding such that work can continue on site in a safe manner as this project is part of a critical flood protection system and it is necessary to minimize delays due to inclement weather. The protection methods may include levees, sheetpile, and/or other temporary flood protection measures protecting the work site to at least the elevation of 173rd Avenue.

The flood protection measures shall include freeboard to account for risk and uncertainty in the weather and water level predictions as well as wind driven waves. At a minimum, the flood protection plan shall provide details related to all of the personnel that will be responsible for monitoring the National Weather Service River forecasts and directing on-site flood protection activities; interior drainage/dewatering requirements; location/alignment of flood protection measures; a schedule for construction and removal of the system; a description of how spring road restrictions are accounted for in the plan if equipment needs to be brought in or removed; plan for supplying electric power and fuel for pumps during a flood, and backup power if electric pumps are being used. The plan shall discuss how the various flooding stages will affect the decisions and actions that are required such as when equipment will be removed from the site to prevent damage from flooding, how long work will continue on major project features, and emergency evacuation procedures if necessary. The contractor is only required to install the flood protection measures if flooding is forecast by the National Weather Service which would impact the site and if that flooding would cause a delay to the completion of the contract.

SECTION 31 62 17.00 12

STEEL PIPE PILES

Paragraph 2.1.2 Dimension Tolerances

a. Out-of-Roundness:

ADD THE FOLLOWING SENTENCE:

Meeting the requirements of ASTM A252, ASTM A139, or ASTM A1018 is also acceptable in lieu of API spec 5L.

b. Straightness:

Meeting the requirements of ASTM A252, ASTM A139, or ASTM A1018 is also acceptable in lieu of API spec 5L.

c. Radial Offset:

Meeting the requirements of ASTM A252, ASTM A139, or ASTM A1018 is also acceptable in lieu of API spec 5L.

g. Outside Diameter:

Meeting the requirements of ASTM A252, ASTM A139, or ASTM A1018 is also acceptable in lieu of API spec 5L.

SECTION 35 01 41.00 10

SPILLWAY GATE MECHANICAL EQUIPMENT

REPLACE

2.15 TAINTER GATE OPENING GAUGE

For each tainter gate furnish and install a custom-made curved gate opening gauge scaled to indicate feet of gate raise from zero (closed) to 41 feet of gate raise. Gate opening gauges shall be designed and scaled to be mounted to the vertical concrete wall with the scale outer edge radius 240-inches and scale inner edge radius 231-inches, with center of curvature at the gate trunnion. Gate opening gauge shall be mounted for the zero indication mark coincident with the top plane of the gate arm upper strut W14x109 (see SG202 and SG301). Attach each gauge to the concrete pier wall using 0.25-inch stainless steel epoxy anchors. Gate opening gauge shall appear as in the figure at the end of this section. Gate opening gauge shall be non-linear to indicate true gate opening, with scale arc increments at 240-inch radius as indicated in the table at the end of this section.

Scale material shall be brass with 0.13-inch deep engraved numbers and markings. Gauge foot indications shall be six by one inch hash marks for each one-foot of gate raise. Staff gauge numbers shall be 3-inch tall block numbering with 0.25 inch wide line width so as to be visible from the opposing pier trunnion. Paint numbers and markings black with clear protective coat of entire scale as approved. Submit shop drawing to indicate proposed scale construction, details and installation.

WITH

2.15 TAINTER GATE OPENING GAUGE

For each tainter gate furnish and install a custom-made curved gate opening gauge scaled to indicate feet of gate opening from zero (closed) to 20 feet of gate opening. Gate opening gauges shall be designed and scaled to be mounted to the vertical concrete pier wall with the scale outer edge radius 240-inches and scale inner edge radius 231-inches, with center of curvature at the gate trunnion. Gate opening gauge shall be mounted for the zero indication mark coincident with the top plane of the gate arm upper strut W14x109 (see SG202 and SG301). Attach each gauge to the concrete pier wall using 0.25-inch stainless steel epoxy anchors. Gate opening gauge shall appear as in the Attachment at the end of this section. Gate opening gauge shall be non-linear to indicate true gate opening, with scale arc increments at 240-inch radius as indicated in the table in the Attachment at the end of this section.

Scale material shall be brass with 0.13-inch deep engraved numbers and markings. Locate the foot and half-foot markings and numbers as shown in the sketch and table in the Attachment at the end of this section. Gauge foot markings shall be six by one inch hash marks for each one-foot of gate opening. Staff gauge foot marking numbers shall be 3-inch tall block numbering with 0.25 inch wide line width so as to be visible from the opposing pier trunnion. Gauge half-foot markings shall be one inch diameter dots with no marking numbers. Paint numbers and markings black with clear protective coat of entire scale as approved. Submit shop drawing to indicate proposed scale construction, details and installation.

Provide a Contractor-designed gauge indicator with a pointer to indicate gate opening height. The arm of the gauge indicator shall be attached to the gate upper strut arm and must span the gap between the upper strut arm and the pier wall so that the pointer is located within one inch of the pier wall. The pointer shall align with the markings on the outer edge radius of the gauge. A conceptual sketch of the gauge indicator is included in the Attachment at the end of this section. Coat the gauge indicator with the same coating used on the tainter gate. Submit detailed shop drawings for the gauge indicator to include dimensions, materials and proposed attachment method for approval as part of the tainter gate opening guage shop drawings submittal.

ADD

3.12 TAINTER GATE OPENING HEIGHT CALIBRATION

After the tainter gates and PLC system are set up and operational, initial calibration data shall be taken to provide the vertical gate opening to the PLC HMI system. Refer to Amendment 0001 drawing sheet EI561. The PLC system will input the rotary shaft encoder/resolver and compute degrees of rotation. A table stored in the PLC will have data pairs of “shaft rotation” and gate “vertical opening”. The PLC program will use these sets of data pairs to do a linear interpolation to determine the gate vertical opening.

This test shall be witnessed by the contacting officer. Provide notice to the Government 14 days prior to the start of the calibration.

Then the data recorded shall be entered into the PLC for system calibration during this test. This test data shall be submitted including a copy of the original field written measurements. The time, date, weather conditions and contractor personnel taking the measurements shall be on the field measurements and transcribed on to the submittal documents. The transcribed test data shall be submitted on an Excel spread sheet, and include the raising and lowering measurements in feet along with the corresponding shaft rotation in degrees.

Procedure to get calibration data.

1. Set up an accurate method to measure the gate vertical opening from the bottom edge of the seal to the vertical surface below the seal. The location of the surface will change as the gate is raised. Use a plumb line or other method to ensure a vertical measurement. The vertical opening measurement shall be to an accuracy of ½ inch and converted to decimal feet.

2. Use the reading on the PLC HMI screen for the shaft rotation measurement. Refer to drawing sheet

EI5651.

3. Set the gate zero position by adjusting the gate so that the cables are under tension but the gate is setting on the sill. Push the “RESET ZERO” button on the PLC HMI screen. Note the PLC will update the readings at 0 degrees and 0.0 Ft. opening.

4. Now begin to raise the gate, measuring the degrees of rotation from the zero point. Raise the gate in increments, measure the vertical gate opening, and the degrees or rotation. The full range of gate opening is about 40 Ft. For accurate calibration, initial increments shall be taken at smaller gate openings. There are eight pairs of rotation versus vertical opening data to be taken then entered into the PLC HMI screen.

5. Use the following gate opening height increments for the calibration data.

a. 1.0 ft.

b. 2.0 ft.

c. 3.0 ft.

d. 6.0 ft.

e. 10.0 ft.

f. 20.0 ft.

g. 30.0 ft.

h. 40.0 ft.

For an accuracy and consistency check, do the same increments lowering the gate. Verify shaft rotation and vertical opening data during the lowering.

REPLACE

3.12 ATTACHMENTS

1. TAINTER GATE OPENING GAUGE 2 PAGES

WITH

3.13 ATTACHMENTS

1. TAINTER GATE OPENING GAUGE & GAUGE INDICATOR 3 PAGES

REPLACE

SECTION 35 01 41.00 10 – SPILLWAY GATE MECHANICAL EQUIPMENT ATTACHMENTS

WITH

The attached updated SECTION 35 01 41.00 10 – SPILLWAY GATE MECHANICAL EQUIPMENT

ATTACHMENTS.

SECTION 35 20 16.46

TAINTER GATES AND ANCHORAGES

REPLACE

The entire section with the attached section.

2. There are no changes to the drawings as part of this amendment.

3. The small business size standard for NAICS code 237990 has been updated from $36.5M to $39.5M per new SBA guidance in Block 10 of the 1442 and in provision 52.204-8.

4. The “Time Extensions for Unusually Severe Weather” requirement has been revised.

5. The solicitation closing due date and time has been extended.

All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The standard size code has changed from $36,500,000 to $39,500,000.

The required response date/time has changed from 05-Sep-2019 01:00 PM to 11-Sep-2019 01:00 PM.

The required performance (Block 10) has changed from:

“Wild Rice River Structure

This work is part of the Fargo Moorhead Metro Area Flood Risk Management project. The work includes, but is not limited to, providing all plant, labor and materials to construct a gated water control structure. Features include two 40 foot wide tainter gates, dam walls, a vehicle service bridge, stilling basin, pre-formed scour hole, approach apron, a slope protection slab, approach walls, a control building, access roads and approximately 2,000 feet of engineered channel.

The North American Industry Classification System (NAICS) code for this acquisition is 237990; Other Heavy and Civil Engineering Construction with a small business size standard of $36.5M.

This is an unrestricted ("full and open") procurement.

The estimated magnitude of construction is between $25,000,000 and $100,000,000.”

To:

“Wild Rice River Structure

This work is part of the Fargo Moorhead Metro Area Flood Risk Management project. The work includes, but is not limited to, providing all plant, labor and materials to construct a gated water control structure. Features include two 40 foot wide tainter gates, dam walls, a vehicle service bridge, stilling basin, pre-formed scour hole, approach apron, a slope protection slab, approach walls, a control building, access roads and approximately 2,000 feet of engineered channel.

The North American Industry Classification System (NAICS) code for this acquisition is 237990; Other Heavy and Civil Engineering Construction with a small business size standard of $39.5M.

This is an unrestricted ("full and open") procurement.

The estimated magnitude of construction is between $25,000,000 and $100,000,000.”

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SUPPLEMENTARY CONDITIONS

Work Performed by the Contractor The successful offeror must furnish in writing, to the Contracting Officer, within 30 days after contract award, the work that will be self-performed, with their own employees broken down by cost using the corresponding contract line item numbers and the percentage of the total work the breakdown represents. See FAR clause 52.236-1; Performance of Work by the Contractor.

https://www.sam.gov/

Material Sources A. Concrete aggregate and stone protection materials meeting the requirements of these specifications can be produced from the sources listed in specification section 35 31

19.00 13 and 03 70 00, paragraph 2.4.2.

B. Materials may be furnished from any of the listed sources or at the option of the

Contractor may be furnished from any other sources designated by the Contractor and approved by the Contracting Officer, subject to the conditions hereinafter stated.

C. After the award of the contract, the Contractor shall designate in writing only one source for each type of material or one combination of sources from which he proposes to furnish the materials. If the Contractor proposes to furnish materials from a source or from sources not listed, it may designate only a single source for each type of material or single combination of sources for materials. Samples for acceptance testing shall be provided as required by the specifications. If a source for materials so designated by the Contractor is not approved for use by the Contracting Officer, the Contractor may not submit for approval other sources but shall furnish the materials from approved sources selected from the list at no additional cost to the Government.

D. Approval of a source of materials is not to be construed as approval of all material from that source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials are unsuitable as determined by the Contracting Officer. Materials produced from an approved source shall meet all the requirements of the specifications.

Partnering The Government proposes to form a partnering relationship with the contractor. This partnering relationship will strive to facilitate communication and draw on the strengths of each organization in an effort to achieve a quality project, within budget, and on schedule. Participation will be totally voluntary. Partnering will not alter or supersede any provision of this contract nor will it provide either party with any additional contractual rights or obligations. Participation in partnering will not affect award of this contract. Any cost associated with this partnering will be agreed to by both parties and will be shared equally, with no change in contract price.

Variations in Estimated Quantities, Subdivided Items This variation in estimated quantities clause is applicable only to Items numbers 0006, 0008, 0009, 0010, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0025, 0031, 0032, 0033, 0034, 1004, 1006, and 1008.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Items numbers 0006, 0008, 0009, 0010, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0025, 0031, 0032, 0033, 0034, 1004, 1006, and 1008 is less than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Items numbers 0006, 0008, 0009, 0010, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0025, 0031, 0032, 0033, 0034, 1004, 1006, and 1008 exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Items numbers 0006, 0008, 0009, 0010, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0025, 0031, 0032, 0033, 0034, 1004, 1006, and 1008 exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

Time Extensions for Unusually Severe Weather

A. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSES: 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 weather station selected for this analysis was FARGO HECTOR INTL AP, which has a period of record of 75 years (1942-2016).

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORKDAYS BASED ON (5) DAY WORKWEEK.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

7 7 5 3 4 5 4 3 3 3 6 5

C. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

D. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay 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 of each month, and be recorded as full days. If the number of actual adverse weather delay 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 work days, and issue a modification in accordance with the CONTRACT

CLAUSES: DEFAULT (FIXED-PRICE CONSTRUCTION).

Insurance The following types and amounts of insurance are required under this contract.

Type Amount

Worker's Compensation and Employer's Liability Insurance:

Coverage A Compliance with State of North Dakota Worker's Compensation Worker's Compensation Law

Coverage B $ 100,000 Employer's Liability

General Liability Insurance:

Bodily Injury $1,000,000 per occurrence

Property Damage Not Required

Automobile Liability Insurance (Comprehensive Policy Form):

Bodily Injury $ 500,000 per person and

$1,000,000 per occurrence

Property Damage $ 100,000 per occurrence

Invoice Procedures In accordance with CONTRACT CLAUSE titled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the contractor shall submit invoices as follows:

A. In order to qualify for a periodic payment, the Contractor must submit a proper invoice (request for payment) to the Contracting Officer's Representative (COR) and a determination must be made that supplies or services conform to the contract requirements. This determination will be made for the sole purpose of processing progress payments and will not constitute formal acceptance. The due date for making progress payments shall be as stated in the contract clause: PROMPT PAYMENT FOR

CONSTRUCTION CONTRACTS.

B. The submitted request for payment must be accompanied with documentation adequate to substantiate the amount requested. Substantiation shall be consistent will the clauses in the solicitation titled Quantity Surveys, Purchase Orders, Invoices, etc. satisfactory to the

COR.

C. The Contractor must also include with the payment request a certification as described in the Clause "PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS".

D. Payment requests will be reviewed for propriety by the COR. Defective invoices will be returned to the Contractor for resolution with defects identified. Along with the returned invoice, the COR may include, at its option, an ENG FORM 93-PAYMENT ESTIMATE reflecting the substantiated and uncontested payment amount. The Contractor will then be given the option of signing and returning the FORM 93 for payment along with the original invoice and certification or resubmitting a revised invoice and certification. To expedite payment, the Contractor may request in writing that the COR retain the defective invoice and immediately process the payment request at the amount determined to be acceptable to the Government.

Unavailability of Utility Services The responsibility shall be upon the Contractor to provide and maintain at its expense, adequate utilities for its use for construction and domestic consumption, and to install and maintain necessary connections and lines for same, but only at such locations and in such manner as may be approved by the Contracting Officer. Before final acceptance, temporary connections and lines installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer.

Safety and Health Requirements Manual Interim Changes, EM 385-1-1 This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

Purchase Orders Two legible copies of each purchase order issued by the Contractor or the Contractor's subcontractors for materials and equipment to be incorporated into the project, shall be furnished the Contracting Officer as soon as issued. Each purchase order shall (1) be clearly identified with applicable Department of Army contract number, (2) carry and identifying number, (3) be in sufficient detail to identify the material being purchased, and (4) indicate a definite delivery date. At the option of the Contractor, the copies of the purchase orders may or may not indicate the price of the articles purchased.

Laboratory and Testing Facilities The Contractor shall provide and maintain all measuring and testing devices, laboratory equipment, instruments, transportation, and supplies necessary to accomplish the required testing. All measuring and testing devices shall be calibrated at established intervals against certified standards. The Contractor's measuring and testing equipment shall be made available for use by the Government for verification of their accuracy and condition as well as for any inspection or test desired pursuant to FAR CLAUSE INSPECTION OF CONSTRUCTION. The location of the laboratory shall be convenient to the site such that test results are available prior to proceeding with the next sequential phase of the work.

Basis for Settlement of Proposals “Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf using the total cost basis, the following principles will be applied to determine allowable equipment costs:

1. Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

2. If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

3. Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

4. Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

5. License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.”

Equipment Ownership and Operating Expense Schedule

(a) This clause does not apply to terminations. See Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region IV.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

Apparent Clerical Mistakes For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the schedule of items as submitted by the offeror:

1. Obviously misplaced decimal points will be corrected;

2. Discrepancy between unit price and extended price, the unit price will govern;

3. Apparent errors in extension of unit prices will be corrected;

4. Apparent errors in addition of lump sum and extended prices will be corrected.

For the purpose of proposal evaluation, the Government will proceed on the assumption that the offeror intends its proposal to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

(End of Summary of Changes)