12034319B0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

R1 AQM EAST SIDE ACQUISITION TEAM

DANA BANGART

3710 FALLON STREET SUITE C

BOZEMAN MT 59718

DANA BANGART 406-624-3442

x

04/16/2019

12034319B0001

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

DAKOTA PRAIRIE GRASSLANDS - 2019 Venlo Road Restoration and Aggregate Surfacing

PART I THE SCHEDULE

Section B: Supplies or Services and Price/Costs

Section C: Project Description, Specifications, and Statement of Work

Section E: Inspection and Acceptance

Section F: Deliveries or Performance

Section G: Contract Administration Data

Section H: Special Contract Requirements

PART II CONTRACT CLAUSES

Section I: Contract Clauses

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Section J: List of Documents, Exhibits, and Other Attachments

PART IV REPRESENTATIONS AND INSTRUCTIONS

Section K: Representations, Certifications, and Other Statement of Bidders

Section L: Instructions, Conditions, and Notice to Proceed

Section M: Evaluation Factors for Award

DUNS Number ___________________________________________________________

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

05/16/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

R1 AQM EAST SIDE ACQUISITION TEAM

DANA BANGART

3710 FALLON STREET SUITE C

BOZEMAN MT 59718

DANA M. BANGART

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12034319B0001

Delivery: 10/15/2019

Delivery Location Code: 66F6

USDA FOREST SERVICE

DAKOTA PRAIRIE-SHEYNNE RNGR DIST

1601 MAIN ST

LISBON ND 58054 US

Period of Performance: 06/17/2019 to 10/15/2019

001 2019 Venlo Road Restoration and Aggregate

Surfacing

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

12034319B0001 – IFB

2019 Venlo Road Restoration and Aggregate Surfacing Sheyenne Ranger District, Dakota Prairie Grasslands

PART I – THE SCHEDULE

B – SUPPLIES OR SERVICES AND PRICES

2019 VENLO ROAD RESTORATION AND AGGREGATE SURFACING

SHEYENNE RANGER DISTRICT, DAKOTA PRAIRIE GRASSLANDS

RANSOM AND RICHLAND COUNTIES, NORTH DAKOTA

B-1 BID SCHEDULE

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

151 Mobilization LSQ LS 1 $ $

301 Aggregate Surfacing Class 13 - Compacted in place CQ CY 17500 $ $

303 Road Reconditioning CQ MI 1.8 $ $

619(A) Cattleguard (Maintenance) LSQ LS 1 $ $

619(B) Cattleguard (Install New) CQ EA 2 $ $

TOTAL PRICE: $

B-2 NOTES:

NOTE 1: Payment for bond premiums in accordance with FAR 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151

Mobilization. Payment will be made on actual work performed as described in FP-14, Section 109 – Measurement and Payment.

NOTE 2: Bidders MUST bid on ALL items. The Estimated Quantity multiplied by the Unit Price on each item much equal the total price to the penny. DO NOT ROUND UP OR DOWN! Add the Total Price column together and place your total bid in the Total Price space.

NOTE 3: Contractors bidding this contract shall be registered and ACTIVE in the System for Award

Management at www.sam.gov at the time of bid opening.

NOTE 4: The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. They pertain only to sizes, classes, and/or types indicated in the item “Descriptions”, and are used by the Government for computer tabulation of bid schedules.

NOTE 5: Magnitude of Construction Project (per FAR 36.204(d)) – Between $250,000 and $500,000.

NOTE 6: See Section L for Instructions to Bidders and Section M for Evaluation Factors.

NOTE 7: An SF-24 Bid Bond is required in the amount of 20% of the proposed price or $100,000, whichever is less.

NOTE 8: Abbreviations used in Bid Schedule:

*LSQ – Lump Sum Quantity *LS – Lump Sum *MI – Mile

*CQ – Contract Quantity *CY – Cubic Yard *EA – Each http://www.sam.gov/

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION AND LOCATION

1.1 Description of Work – This work consists of hauling, placing, spreading and compacting North Dakota

DOT Class 13 certified weed free aggregate, on 11.9 miles and reconditioning 1.8 miles of Venlo road, see attached map. The road reconditioning work will be accomplished by the county road department on

Segment “A”. Segment “B” the road reconditioning work will be accomplished as part of this contract.

Segments “C” and “D” will have no road reconditioning and the surfacing will be placed on the existing road as is. Install 2 new cattleguards, clean one cattleguard and replace the damaged wing on another, all according to the Plans, Drawings and Specifications of this contract. Furnish all labor, materials, equipment and supplies necessary to complete the work according to the contract.

1.2 Project Location – Venlo Road is located on the Sheyenne Ranger District, Dakota Prairie Grasslands.

See attached maps.

1.3 Magnitude of Construction Project (per FAR 36.204(d)) – Between $250,000 and $500,000.

1.4 Pre-Bid Tour. A pre-bid tour will not be held. All bidders are encouraged to visit the project site. For additional contract information contact Curtis Grudniewski at the Forest Service office in Bismarck, ND

(701)-989-7319.

1.5 Start Work. It is estimated that the work will begin the June 2019.

1.6 Performance Period Work shall be completed by October 15, 2019.

1.7 Government-Furnished Materials – None.

1.8 Permits - The contractor is responsible for all necessary permits including One Call 1-

800-795-0555 before you dig

1.9 Submittals – 3 Aggregate Gradation and quality tests per 10,000 cubic yards of production from a certified testing company. All pneumatic roller compactor specifications. Quality control submittals for aggregate width and thickness. Weed free aggregate certification.

1.10 Work Schedule. The Contractor shall supply a work schedule before starting the project. The Contractor shall notify the Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

1.11 Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the

Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

1.12 Traffic Control – The Contractor shall exercise due caution and care during road construction operations to prevent undue conflict with public users of the roads.

Perform work in a manner that ensures the safety and convenience of the public and protects the private property adjacent to the project. Accommodate public traffic on roads adjacent to and within the project until the project is accepted.

All road and traffic related signing shall be in accordance with the Manual on Uniform Traffic Control

Devices (MUTCD).

A reflectorized "Slow Moving" vehicle emblem shall be attached to all motor patrols.

The Contractor is to post warning signs on both ends of the section being worked to warn the road users of the work in progress. Signs will be moved, as needed, so that a sign does not precede machinery more than two (2) miles.

If a berm is left in roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night.

C-2 GENERAL SPECIFICATIONS

2.1 Existing Facilities. In addition to the requirements of the Use of Premises Clause, AGAR

452.236-70, all existing facilities such as signs, cattleguards, and drainage structures damaged by the

Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

2.2 Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the Contracting Officer's Representative (COR). During all of the work, the

Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

2.3 Noxious Weed Control. In order to prevent the potential spread of noxious weeds the Contractor shall be required to furnish proof of weed-free equipment. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in the contractor shall make equipment available for Forest Service inspection at an agreed location.

2.4 Definitions - Wherever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Agreed or Approved - Official agreement or approval by use of a written document issued by the

Government. Agreements also require signature of Service Provider's Representative and are dated.

Base course - The layer or layers of material placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms.)

Berm - A curb or dike that controls roadway runoff water, or delineates traffic direction.

Catch Basin. The area immediately adjacent to inlet invert of the culvert.

Channel. A natural waterway leading into or away from a culvert or bridge.

Cross ditch. A shallow ditch placed across the roadbed to remove water from the roadbed surface that can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline.

Culvert. Any structure that provides a passageway, drain, or waterway under a road or embankment.

Outlet ditch. A ditch used to remove water from roadside drainage ditches, the roadway, cattle guards, or drainage structures such as culverts and drainage dips.

Ditch. A relatively long narrow excavation placed to collect or disperse water.

Drainage ditch. A ditch located parallel to and abutting the roadbed.

Drainage structure. A term identifying manufactured devices placed to control water movements.

Drawings. Illustrations showing details of required work.

Equipment. All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

Excess Material. Material from the roadway in excess to that needed for maintenance of roadway.

Inslope. The slope of the ditch section nearest to the traveled way.

Grade. The vertical alignment of the top surface of the road.

Highway Vehicles. Vehicles such as, passenger cars and high clearance vehicles.

Hydrologic Function. Physical properties of the occurrence and movement of water on the earth’s surface and in particular that part which crosses transportation systems.

Materials. Any substances specified for use in the performance of the work.

Measurement. The process of identifying the dimensions, quantity, or capacity of an item.

Nominal Dimensions or Weights. The numerical values shown on the drawings or in the specifications as measurements for the work.

Original Contract Quantities. Those estimated quantities shown in the Schedule of Items as awarded.

Paved Surface or Pavement. Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

Right-of-Way. A general term denoting (1) the privilege to pass over land in some particular line

(including easement, lease, permit, or license to occupy, use, or traverse public or private Lands), or

(2) real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Roadbed. The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade.

Road Log. A preliminary listing of road locations and any established work priorities.

Shoulder. The portion of the roadway contiguous to the traveled way for accommodation of stopped vehicles, emergency use, and lateral support of travel way structure.

Slough or Slide. Material deposited on the roadway that may need to be repositioned or removed.

Slump. A localized portion of the roadbed that has slipped, or otherwise become lower than the adjacent roadbed, and constitutes a hazard to traffic.

Standard Specifications. Specifications for all divisions of work.

Subgrade. Top surface of roadbed upon which the pavement structure, shoulders, and curbs are constructed.

Traveled Way. The portion of the roadway designated for the movement of vehicles, exclusive of shoulders but including turnouts and curve widening.

Turnouts. A short auxiliary lane on a one-lane road provided for passage of meeting vehicles.

Unit of Measure. The unit and fractions of units shown in the Schedule of Items.

Unsuitable Material. Material removed during maintenance, which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

Waterbar. A deeper type cross ditch, which is not intended for standard passenger vehicles.

Work Schedule. The Service Provider's current schedule for work progression

Figure 101-1—Illustration of road structure terms.

C-3 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS TO FP-14

Table of Contents

Preface

101 - Terms¸ Format¸ and Definitions

101.01 Meaning of Terms

101.03 Abbreviations

101.04 Definitions

102 - Bid¸ Award¸ and Execution of Contract

Delete Section 102

103 - Scope of Work

Delete Subsections 103.02, 103.03, 103.04, 103.05

104 - Control of Work

Delete Subsections 104.01, 104.02, 104.04

104.06 Use of Roads by Contractor

106 - Acceptance of Work

106.01 Conformity with Contract Requirements

106.02 Visual Inspection

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims

108 - Prosecution and Progress

Delete Section 108

109 - Measurement and Payment

Delete Subsections 109.06, 109.07, 109.08, 109.09

109.02 Measurement Terms and Definitions

155 - Schedules for Construction Contracts

Delete Section 155

Preface

Preface_wo_07_11_2017

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-14 for construction of National Forest System

Roads. 101 - Terms¸ Format¸ and Definitions

101.01_National_11_9_2016

Add the following paragraph to Subsection 101.01:

101.01 Meaning of Terms.

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_National_11_9_2016

Add the following to Subsection 101.03:

101.03 Abbreviations.

(a) Acronyms.

AGAR — Agriculture Acquisition Regulations

AFPA — American Forest and Paper Association

FSAR — Forest Service Acquisition Regulations

MSHA — Mine Safety and Health Administration

NESC — National Electrical Safety Code

WCLIB — West Coast Lumber Inspection Bureau

(f) Miscellaneous unit abbreviations.

MP — milepost location ppm — parts per million volume

STA station location

101.04_National_11_9_2016

Make the following changes to Subsection 101.04:

101.04 Definitions.

Delete these definitions and replace the following:

Bid Schedule — The Schedule of Items.

Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “Purchaser”.

Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.

Drawings — (Public Works Contracts) Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction. Also refers to submissions and submittals.

Notice to Proceed — (Public Works Contracts) Written notice to the Contractor to begin the contract work.

Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Solicitation—(Public Works Contracts) The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Add the following definitions:

Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition Regulations, or

“construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change — “Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Forest Service — The United States of America, acting through the Forest Service, U.S. Department of

Agriculture.

Neat Line — A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road — Temporary construction access built along the route of the project.

Purchaser — The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse — A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order — An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Shop Drawings — (Timber and Stewardship Contracts) Referred to as “Drawings” in FP-14, include drawings, diagrams, layouts, schematics, descriptive literature, illustrations, lists or tables, performance and test data, and similar materials furnished by Purchaser to explain in detail specific portions of the work required by the contract.

Utilization Standards — The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

102 - Bid¸ Award¸ and Execution of Contract

102.00_National_11_9_2016

Delete Section 102 in its entirety.

103 - Scope of Work

103.00_National_11_9_2016

Delete all of Section 103 except Subsection 103.01 Intent of Contract.

Delete Subsections 103.02, 103.03, 103.04, 103.05.

104 - Control of Work

104.00_National_11_9_2016

Delete Subsections 104.01, 104.02, and 104.04.

104.06_National_11_9_2016

Add the following to Subsection 104.06:

104.06 Use of Roads by Contractor.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

106 - Acceptance of Work

106.01_National_11_9_2016

Delete Subsection 106.01 and replace with the following:

106.01 Conformity with Contract Requirements.

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

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

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

1. Sampling method;

2. Number of samples;

3. Sample transport;

4. Test procedures;

5. Testing laboratories;

6. Reporting;

7. Estimated time and costs; and

8. Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the

Government will be responsible for all costs associated with developing and performing the resolution protocol.

If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

1. Have the work accepted at a reduced price; or

2. Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

106.02_National_11_9_2016

Delete Subsection 106.02 and replace with the following:

106.02 Visual Inspection.

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

107 - Legal Relations and Responsibility to the Public

107.05_National_11_9_2016

Delete Subsection 107.05.

108 - Prosecution and Progress

108.00_National_11_9_2016

Delete Section 108 in its entirety.

109 - Measurement and Payment

109.00_National_11_9_2016

Delete Subsections 109.06, 109.07, 109.08, and 109.09:

109.02_National_11_9_2016

Add the following sentence to Subsection 109.02(b):

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

155 - Schedules for Construction Contracts

155.00_National_11_9_2016

Delete Section 155 in its entirety.

Section 151. — MOBILIZATION

Description

151.01 This work consists of moving personnel, equipment, material, and incidentals to the project and performing work necessary before beginning work at the project site. This work also includes obtaining permits, insurance, and bonds.

Measurement

151.02 Measure the Section 151 items listed in the bid schedule according to Subsection 109.02.

Payment

151.03 The accepted quantities will be paid at the contract price per unit of measurement for the Section 151 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection

109.05.

Progress payments for mobilization by the lump sum will be paid as follows:

(a) Bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments Under Fixed-Price

Construction Contracts, after receipt of the evidence of payment.

(b) When 5 percent of the original contract amount is earned from pay items (not including mobilization), 50 percent of the mobilization pay item, or 5 percent of the original contract amount, whichever is less, will be paid.

(c) When 10 percent of the original contract amount is earned from pay items (not including mobilization), 100 percent of the mobilization pay item, or 10 percent of the original contract amount, whichever is less, will be paid.

(d) Any portion of the mobilization pay item in excess of 10 percent of the original contract amount will be paid after final acceptance.

C-4 DAKOTA PRAIRIE GRASSLANDS SPECIAL PROJECT SPECIFICATIONS

301. — UNTREATED AGGREGATE COURSES

Description

301.01 This work consists of constructing one or more courses of aggregate on a prepared surface.

Material

301.02 Provide certified weed free aggregate surfacing conforming to NDDOT Class 13 specifications.

Construction Requirements

301.03 General. Prepare the surface on which the aggregate course is placed according to Section 303. Obtain written approval by the CO of the roadbeds a minimum of forty-eight (48) hours before placing aggregate.

301.04 Mixing and Spreading. Add water as necessary to obtain optimum moisture. Mix the aggregate and adjust the moisture content to obtain a uniform mixture. Spread and shape the mixture on the prepared surface in a uniform layer. Route hauling equipment uniformly over the full width of the surface to minimize rutting or uneven compaction.

301.05 Compacting. Compaction shall be carried out simultaneously with laydown operations. Blade the surface of each layer during the compaction operations to remove irregularities and produce a smooth, even surface. The compacted depth of a single course shall not exceed 6 inches. All equipment shall be operated to produce uniform density throughout the entire section. Pneumatic-tired rollers of the type specified below shall be used. The desired degree of compaction will be acceptable when the surface is tightly bound and shows no rutting or displacement under roller operation with no fewer than three passes. A pass shall consist of one complete coverage of the surface.

A. Pneumatic-Tired Rollers.

1. General.

Use rollers equipped with at least 7 wheels with pneumatic tires of equal size and ply. Arrange tires to provide complete coverage of the area the roller travels. Submit the data used to determine the contact pressures for the full range of the manufacturer’s recommended wheel loads and tire inflation pressures. Do not vary individual tire pressures more than 5 psi from the other tires on roller.

Use rollers that can be loaded to a gross weight of at least 225 pounds per inch of compaction width.

DPG SPS 301 (2/19)

Provide the empty and ballasted weights by:

– Weighing the roller if it has been modified from its original design or if the ballast weight is unknown; and

– Use manufacturers weight ratings if the roller has not been modified and ballast weight is known.

2. Tow-Type Pneumatic-Tired Rollers.

Operate rollers with tire inflation pressures and wheel loads as specified by manufacturer.

3. Self-Propelled Pneumatic-Tired Rollers.

Equip rollers with:

– Positive and accurate steering control;

– Smooth-tread tires;

– Close-fitting scrapers for each wheel; and

Start, stop, and reverse direction smoothly without jerking or backlash.

Do not use wobble-wheel rollers.

Operate rollers with contact pressure between 40 to 90 psi. Contact pressure is the average ground contact pressure, expressed in psi, obtained when the wheel load in pounds is divided by the gross contact area in square inches of the tire.

For the compaction method, blade the surfaces of each layer during the compaction operations to remove irregularities and produce a smooth surface.

301.06 Surface Tolerance

Shape the surface to the required template and check the surface with a 10-foot straightedge. Defective areas are surface deviations in excess of ½ inch in 10 feet between two contacts of the straightedge with the surface.

Correct defective areas by loosening the material, adding or removing material, reshaping, and compacting.

Thickness and Width requirements: The contractor shall be required to perform four (4) Quality Control thickness and width checks on the compacted aggregate per ½ mile. The results of thickness and width checks shall be provided to the COR no later than 48 hours from the completion of each mile. Any thickness and width checks falling below the requirements shall require additional thickness and width checks be taken to determine the area that needs additional material. The additional thickness and width checks and additional material to bring the compacted thickness or width into specification shall be the responsibility of the contractor with no additional cost to the government.

The maximum variation from the compacted specified thickness is ½ inch. The compacted thickness shall not be below the specified thickness. The compacted thickness is not consistently above or below the specified thickness and the average thickness of 4 random measurements for any ½ mile of road segment is within + ¼ inch of the specified thickness. The maximum variation from the specified width will not exceed

+12 inches at any point. The compacted width shall not be below the specified width. The compacted width is not consistently above the specified width and the average of any four random measurements along any

½ mile of road segment is within +4 inches of the specified width.

301.07 Maintenance. Maintain the aggregate course to the correct line, grade, and cross-section by blading, watering, rolling, or combination thereof until placement of the next course. Correct defects according to Subsection 301.06.

301.08 Acceptance. Submit test results of 3 Aggregate Gradation and Quality tests per 10,000 cubic yards of production and a Certificate of Compliance verifying that aggregate gradation meets contract requirements. The sampling shall not be considered a final acceptance and shall not preclude later sampling and testing after final processing of the material. Such sampling does not relieve the contractor of responsibility of providing quality control measures to ensure compliance with contract requirements.

Construction of untreated aggregate courses will be evaluated under Subsections 106.02 and 106.04. The COR shall approve the physical characteristics and quality of the materials before placing on the road.

Measurement

301.09 Measure the Section 301 pay items listed in the bid schedule according to Subsection 109.02 and the following as applicable: The quantity of 301 in the Schedule of Items is compacted in place on the road. Loose quantity loaded, hauled, placed and compacted shall include such additional material necessary to overcome the compaction effort.

Contractor shall take precautions in loading of aggregate from stockpiles to prevent segregation of material.

Payment

301.10 The accepted quantities will be paid at the contract price per unit of measurement adjusted according to

Subsection 106.05 for the Section 301 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

303 – ROAD RECONDITIONING

303.01 This work consists of scarifying, or reshaping an existing roadway, finish blading the road including shoulders, compacting, and maintaining the subgrade, in order to obtain the original cross section and grade of the road before constructing a surface course.

Construction Requirements

303.02 Roadway Reconditioning. Mow the shoulders. Scarify the sod to a minimum of 6” depth. Disk, till or work the sod into particle sizes less than 3” in largest dimension and re compact on the road. Remove ruts, washes, slough, and other irregularities that prevent normal runoff from the road surface and shape to a uniform surface. Repair soft and unstable areas by placing backfill material in horizontal layers not exceeding 6 inches in compacted thickness. Compact the subgrade of the road according to Subsection 301.05. After finish blading, the road will have been bladed shoulder to shoulder and end to end and will be free of berms on both sides. The road will have ruts/potholes cut out, and will be crowned or graded to drain (2%-6% from centerline). Shape the road to the required typical section. Blade and shape the roads when moisture content is suitable for compaction.

303.03 Acceptance. Road reconditioning work will be evaluated under Subsections 106.02 and 106.04. Obtain approval of the final subgrade surface before placing base or surface material.

Measurement

303.04 Measure the Section 303 items listed in the Schedule of Items according to Subsection 109.02.

Payment

303.05 The accepted quantities will be paid at the contract price per unit of measurement for the Section 303 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See

Subsection 109.05.

DPG SPS 303 (2/19)

619(A). CATTLE GUARD MAINTENANCE

619.01 This work consists of cleaning under one cattleguard and replacing another cattleguard wing as shown on the map and described below.

Construction Requirements

619.02 Remove damaged cattleguard wing and lawfully dispose of off National Forest System Lands. Replace with new wing of the same type, color and material. Fasten the new wing to existing cattleguard and fence post using galvanized hardware of the appropriate size and quality to firmly hold wings in place. Connect fences to wings and match existing wire materials and wire spacing.

Clean out cattleguard by removing the deck prior to cleaning, and reinstall it upon completion. Clean the area beneath the cattleguard of soil and other material to the bottom of the foundation over the entire length and width of the cattleguard. The material removed shall be spread in the vicinity of the work site as staked by the Forest Service. Never leave the cattleguard opening unattended or open without an adequate barricade.

619.03 Acceptance. Material for fences, cattle guards, will be evaluated under Subsections 106.02.Construction and erection of fences, cleaning cattleguards, will be evaluated under Subsections 106.02. New wing shall be approved by the Forest Service prior to replacement.

Measurement

619.04 Measure the Section 619 pay items listed in the bid schedule according to Subsection 109.02.

Payment

619.05 The accepted quantities will be paid at the contract price per unit of measurement for the Section 619 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection

109.05.

DPG SPS 619 (2/19)

C-5 MEASUREMENT & PAYMENT

Methods of Measurement. One of the following methods of measurement for determining payment is

Designated on the Schedule of Items for each Pay Item.

(A) Actual Quantities. (AQ) these quantities are determined from measurements of completed work.

(B) Lump Sum Quantities. (LSQ) these quantities denote one complete unit of work as required by or described in the contract, including necessary material, equipment, and labor to complete the job.

(C) Contract Quantities. (CQ) These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations and drawings. Changes in the number of units Designated in the Schedule of Items maybe authorized under the following:

1. As a result of changes in the work approved by the CO.

2. As a result of the CO determining that errors exist in the original design that cause a Pay Item quantity to change by 15 percent or more.

3. As a result of the contractor submitting to the CO a written request showing evidence of errors in the original design that cause a Pay Item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

C-6 PROJECT DRAWINGS

The following Project Drawings are applicable to this contract.

Plan Set No. DESCRIPTION

7 Illustration of Road Structure Terms

22 Typical Section Drawing

23 Map

24 Cattleguard Drawing

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to peform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211-73 Attachment to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

D - PACKAGING AND MARKING

{For this solicitation there are NO Clauses.}

E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

F - DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2019. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by

June 17, 2019. The completion date will be extended by the number of calendar days after the above date that the

Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the

Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting

Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is…