123C7818B0003_Paradise_Valley_Wetland_Restoration_Solicitation_Pkg.pdf

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United States Department of Agriculture

Natural Resources Conservation Service

316 W. Boone Avenue, Suite 450 Spokane, Washington 99201-2348 Voice (509) 323-2900 Fax (855) 847-5492

An Equal Opportunity Provider and Employer

July 10, 2018

Prospective Offeror:

RE: Waukesha County, WI – Paradise Valley WRP Repair Project Solicitation No: 123C7818B0003

The following documents are required to be completed and submitted with your offer.

Failure to provide these documents may cause your offer to be rejected as non-responsive.

• SF-1442: Solicitation, Offer and Award (pages 1-2);

• Bid Schedule (page 6); and

• Completed Section K: Annual Representations and Certifications and other

Statements of Offerors (pages 38-41)

Offers are to be submitted to the following address no later than 3:00pm (CDT) local time August 8, 2018.

Via email to: amy.smith2@wdc.usda.gov

Or via mail to:

USDA Natural Resources Conservation Service Attn: Amy J. Smith, Contracting Officer 316 W. Boone Avenue, Suite 450 Spokane, WA 99201-2348

Offers received after 3:00pm (CDT) locat time August 8, 2018 will be processed as “late” and shall not be considered.

For questions or further information please feel free to contact me at (509) 323-2925.

AMY J. SMITH

Contracting Officer mailto:amy.smith2@wdc.usda.gov

Prospective Offeror:

RE: Waukesha County, WI – Paradise Valley WRP Repair Project

Solicitation No: 123C7818B0003

The following documents are required to be completed and submitted with your offer. Failure to provide these documents may cause your offer to be rejected as non-responsive.

SF-1442: Solicitation, Offer and Award (pages 1-2);

Bid Schedule (page 6); and

Completed Section K: Annual Representations and Certifications and other Statements of Offerors (pages 38-41)

Offers are to be submitted to the following address no later than 3:00pm (CDT) local time August 8, 2018.

Via email to: 27TUamy.smith2@wdc.usda.govU27T

Or via mail to:

USDA Natural Resources Conservation Service

Attn: Amy J. Smith, Contracting Officer

316 W. Boone Avenue, Suite 450

Spokane, WA 99201-2348

Offers received after 3:00pm (CDT) locat time August 8, 2018 will be processed as “late” and shall not be considered.

For questions or further information please feel free to contact me at (509) 323-2925.

AMY J. SMITH

Contracting Officer

2018-07-10T13:19:51-0700

AMY SMITH

2298 Kincaid Lane Dousman WI

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

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SOLICITATION, OFFER,AND AWARD(Construction, Alteration, or Repair)

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

9. FOR INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by

(hour) award, YES

NO

notice to proceed.

This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE

OF PAGES

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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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE

FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on thissolicitation is hereby accepted as to the items listed. This award consummates thecontract, which consists of (a) the Government solicitation and your offer, and (b)this contract award. No further contractual document is necessary.

30b. SIGNATURE

30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

41 U.S.C. 3304(a) ( )

20b. SIGNATURE

20c. OFFER DATE

1. SOLICITATION NUMBER: 123C7818B0003

4. CONTRACT NUMBER:

7. ISSUED BY: USDA, Natural Resources Conservation Service Attn: Amy Smith, Contracting Officer 316 W. Boone Avenue, Suite 450 Spokane, WA 99201-2348

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date): The Contractor shall furnish the necessary personnel, material, equipment, services, facilities and incidentals to needed to install water control structures and pipe, lower existing sheet piling that has heaved, install new sheet piling with stop log structure, remove existing geogrids, install rock riprap over geotextile with surface gravel crossings, excavation of scrape pond for material to cover sheet pilings, and raise road embankment elevation. Disturbed areas will need to be prepped and seeded upon completion of work. Work to be performed on a Wetlands Reserve Easement (WRE) projected located in Waukesha County, Wisconsin in accordance with attached specifications, drawings, and terms and conditions.

This solicitation is issued as a competitive Total Small Business set-aside.

Applicable NAICS is 238910, size standard is $15.0 million

A site showing will be held on Thursday July 19, 2018 at 8:00am local time (CDT) on site (see paragraph L.15(c) of solicitation .

Price Range: between $100,000 and $250,000

8. ADDRESS OFFER TO: USDA, Natural Resources Conservation Service Attn: Amy Smith, Contracting Officer 316 W. Boone Avenue, Suite 450 Spokane, WA 99201-2348

Must be received no later than 3:00P (CDT) on August 8, 2018.

5. REQUISITION/PURCHASE REQUEST NUMBER:

7. CODE:

9. a. NAME: Amy Smith, Contracting Officer

9. b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS): amy.smith2@wdc.usda.gov/(509) 323-2925

6. PROJECT NUMBER: Paradise Valley WRP Repair Project

PAGE: 1

OF PAGES: 122

2. TYPE OF SOLICITATION. SEALED BID (IFB): 0

2. TYPE OF SOLICITATION. NEGOTIATED (RFP): 0

3. DATE ISSUED. Enter 2 digit month, 2 digit day and 4 digit year.: 2018-07-10

DATE DUE. Enter 2 digit month, 2 digit day and 4 digit year.: 2018-08-08

11. The contractor shall begin performance calendar days and complete it within calendar days after receiving award: 1

12. A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.) YES: 0

13. b. An offer guarantee is required.: 0

13. b. An offer guarantee is not required.: 1

12. A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.) NO: 1

11. The contractor shall begin performance calendar days and complete it within calendar days after receiving notice to proceed.: 0

11. This performance period is mandatory: 0

11. This performance period is negotiable: 1

Begin within calendar days: 5

Number of copies: 0 calendar days: 60

Hour: 3:00P (CDT)

13. 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:

complete within calendar days: 30

12b. CALENDAR DAYS:

See:

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code):

DUNS:

15. TELEPHONE NUMBER (Include area code): EMAIL:

14. CODE:

19. AMENDMENT NUMBER. Column 1:

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print):

23. ACCOUNTING AND APPROPRIATION DATA:

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

24. ITEM:

10 U.S.C. 2304(c) :

41 U.S.C. 3304(a):

26. CODE:

Number of copies:

26. ADMINISTERED BY:

27. PAYMENT WILL BE MADE BY:

21. ITEMS ACCEPTED:

Date. Column 2. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 2:

Date. Column 3. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 4:

Date. Column 5. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 5:

Date. Column 6. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 6:

Date. Column 7. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 7:

Date. Column 8. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 8:

Date. Column 9. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 9:

Date. Column 10. Enter 2 digit month, 2 digit day and 4 digit year.:

20c. OFFER DATE. Enter 2 digit month, 2 digit day and 4 digit year.:

30c. DATE. Enter 2 digit month, 2 digit day and 4 digit year.:

31a. NAME OF CONTRACTING OFFICER (Type or print):

31b. UNITED STATES OF AMERICA BY:

31c. DATE. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 10:

Date. Column 4. Enter 2 digit month, 2 digit day and 4 digit year.:

19. AMENDMENT NUMBER. Column 3:

Calendar Days:

14. FACILITY CODE:

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

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.) Amounts.:

Date. Column 1. Enter 2 digit month, 2 digit day and 4 digit year.:

20b. SIGNATURE. This is a protected field.:

30b. SIGNATURE. DIGITAL SIGNATURE:

30b. SIGNATURE. This is a protected field.:

22. AMOUNT:

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c): 0

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) 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, certifications, and specifications incorporated by reference in or attached to this contract.: 0

29. AWARD (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.: 0

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 41 U.S.C. 253(c): 0

TABLE OF CONTENTS PAGE

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 452.211-72 STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

C.2 452.211-73 ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS (FEB 1988)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION . . 11

OF WORK (APR 1984)

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984). . 11

F.3 52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 CONTRACINT OFFICER’S REPRESENTATIVE

G.3 DESIGNATED PAYMENT OFFICE CONTACT POINT

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS -

INVOICE PAYMENT PLATFORM (IPP)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

NRCS SUPPLEMENT TO OSHA PARTS 1910 AND 1926

H.2 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES

(FEB 1988)

H.3 452.236-74 CONTROL OF EROSION, SEDIMENTATION

AND POLLUTION (NOV 1996)

H.4 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION

SCHEDULE (NOV 1996)

H.5 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

H.6 PERFORMANCE ON HOLIDAYS (JUL 1994)

H.7 4I.52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE . . . 20

WEATHER (NOV 2013)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998). 21

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (JUL 2013)

I.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUL 2014)

I.4 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS

(MAY 2014)

I.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000). . 26

I.6 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- . . . 27

SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I.7 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.8 52-236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING . 28

THE WORK (APR 1984)

I.9 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.10 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). 30

I.11 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) . . . 30

I.12 52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.13 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984). . . 30

I.14 52.236-12 CLEANING UP (APR 1984)

I.15 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.16 52.236.16 QUANTITY SURVEYS (APR 1984)

I.17 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 32

(FEB 1997)

I.18 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.19 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984) . . 33

I.20 52.244-6 SUBCONTRACTS FOR COMMERICAL ITEMS (NOV 2017). 34

I.21 52.249-1 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)(SHORT FORM)(APR 1984)

I.22 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) . 35

I.23 452.209-71 ASSURANCE REGARDING FELONY

CONVICATION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS (DEVIATION 2012-01) (FEB 2012)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS. . 37

OF OFFERORS

K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS 37

AND CERTIFICATIONS (DEC 2014)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. . . 37

(JAN 2018)

K.3 452.209-70 REPRESENTATION BY CORPORATIONS

REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION (DEVIATION 2012-01)(FEB 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 41

L.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

L.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

L.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

L.4 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016). 43

L.5 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

L.6 52.214-5 SUBMISSION OF BIDS (DEC 2016)

L.7 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984). 43

L.8 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS (NOV 1999)

L.9 52.214-18 PREPARATION OF BIDS-CONSTRUCTION (APR 1984) . 44

L.10 52.214-34 SUBMISSION OF OFFERS IN ENGLISH LANGUAGE. . . 44

(APR 1991)

L.11 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY

(APR 1991)

L.12 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-

SECONDARY SITE OF WORK (MAY 2014)

L.13 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

L.14 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-

CONSTRUCTION MATERIALS (MAY 2014)

L.15 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.16 452.204-70 INQUIRIES (FEB 1988)

L.17 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION . . 47

(SEPT 2001)

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

SECTION B – THE SCHEDULE

Paradise Valley WRP Repair Project Waukesha County, Wisconsin

B.1 BID SCHEDULE

BID SCHEDULE

Bid Item

Practice

Unit

Units

Unit Price Total Price

Mobilization/Demobilization

LS

xxxxxx

Excavation/Earthfill

3”-6” Pitrun Rock/Geotextile

¾” Limestone Surfacing

Water Control Structure and Pipes

EA

Steel Sheet Pilings

LF

Seeding Introduced Grasses

AC

2.5

Lower Sheet Piling

Obstruction Removal

AC

0.5

Stop Log Weir

TOTAL:

One Award for the aggregate of all items will be made under this solicitation.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 AGAR 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 perform the Statement of Work/Specifications referenced in Section J.

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT 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.

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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 re-inspection 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

E.1 (Continued) 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.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 30 calendar days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

F.3 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

(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 asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter. This letter specifies the extent of the COR’s authority to act on behalf of the CO. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other term or condition of the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. A COR does not have the authority to and may never –

1. award, agree to, or execute any contract, contract modification, or notice of intent;

2. obligate, in any way, the payment of money by the Government;

3. make a final decision on any contract matter which is subject to the clause at FAR 52.233-1, Disputes; or

4. terminate, for any cause, the contractor’s right to proceed.

If the contractor does not receive a copy of the COR appointment letter, the contractor is required to request a copy of it from the CO prior to commencing work. Individuals not designated in writing as a COR by the CO are not considered a COR and do not have the authority delegated to the COR. If the contractor considers any action or inaction by a COR, any other government employee (such as an inspector), or representative or agent of the government as a change to the contract terms and conditions they must notify the contracting officer immediately and not proceed with any such change until approved by the contracting officer

G.3 DESIGNATED PAYMENT OFFICE CONTACT POINT

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 5 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

USDA, National Finance Center Administrative Payments Branch (APB) Telephone: (800) 421-0323 or (504) 426-6510

If questions arise on the amount paid, contact the contracting officer at the number or address shown in the contract.

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- Itemization of the amounts requested; Subcontractor listing showing 1) each subcontractor and the total value of the subcontract, 2) the portion of the https://www.ipp.gov/

G.4 (Continued) instant progress payment that will be made to each subcontractor, and 3) the total amount previously paid to each subcontractor;

- Payment request certification from the clause; and

- Release of claims (final payment only). “I, (Name of Contractor), do hereby release the United States of America from any and all claims and liabilities of any character whatsoever arising under and by virtue of contract number (Identify Contract) dated (Date) as amended, except as stated.

- (Date of Release) (Signature of Contractor)”]

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows: 52.236-13 Accident Prevention is altered to include the following: NRCS Supplement to OSHA, Parts 1910 and 1926, Construction Standards and Interpretations.

NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

The contractor shall comply with OSHA (Occupational Safety and Health Administration) parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.

Requests for variances or waivers from this supplement are to be made to the contracting officer, in writing, supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or variance shall include -

(1) Specific reference to the provision or standard in question;

(2) An explanation as to why the waiver is considered justified; and

(3) The contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the contracting officer to render a decision.

No waiver or variance will be approved if it endangers any person. The contractor shall not proceed under any requested revision of a provision until the contracting officer has given written approval. The contractor is to hold and save harmless the USDA Natural Resources Conservation Service free from any claims or causes of action whatsoever resulting from the contractor or subcontractors proceeding under a waiver or approved variance.

Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from:

SUPERINTENDENT OF DOCUMENTS

U.S. Government Printing Office

WASHINGTON, D.C. 20402

GENERAL CONTRACTOR REQUIREMENTS

1.1 SAFETY PROGRAM. Each contractor is to demonstrate that he or she has facilities for conducting a Safety Program Commensurate with the work under contract. The contractor is to submit, in writing, a proposed comprehensive safety program to the contracting officer for approval before the start of construction operations. The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards.

1.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the contractor are to meet with the contracting officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract.

1.3 JOINT SAFETY POLICY COMMITTEE. The contractor or designated onsite representative is to participate in monthly meetings of a Joint Safety Policy Committee, composed of USDA Natural Resources Conservation Service and contractor supervisory personnel. At these meetings, the contractor's project manager and the Contracting Officer will review the effectiveness of the contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work.

H.1 (Continued)

1.4 SAFETY PERSONNEL. Each contractor is to designate a competent supervisory employee satisfactory to the contracting officer to administer the safety program.

1.5 SAFETY MEETINGS. A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision.

1.6 SAFETY INSPECTION. The contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies.

1.7 FIRST AID TRAINING. Every contractor foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or other state-approved organization.

1.8 REPORTS. Each contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer.

Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of an accident.

FIRST AID AND MEDICAL FACILITIES

2.1 FIRST AID KITS. A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kit are to be replenished as used or as they become ineffective or outdated.

2.2 EMERGENCY FIRST AID. At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite.

2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start of work, the contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be readily available for transporting injured employees.

2.4 FIRST AID AND MEDICAL REPORTS. The contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the contracting officer and are to include--

(a) A daily treatment log listing chronologically all persons treated for occupational injuries and illness;

(b) Cumulative record of injury for each individual;

(c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and,

(d) Required records for workers' compensation.

2.5 SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

2.6 EMERGENCY LISTINGS. A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations.

PHYSICAL QUALIFICATIONS OF EMPLOYEES

3.1 GENERAL REQUIREMENTS. Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others.

3.2 HOIST OPERATORS. Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The contractor is to submit a copy of each certification to the contracting officer.

3.3 MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely.

PERSONAL PROTECTIVE EQUIPMENT

4.1 HARDHAT AREAS. The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The contractor shall provide hardhats for visitors entering hardhats areas.

4.1.1 LABELS. Hardhats shall bear a manufacture's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

4.2 POSTING. Signs at least 3 feet by 4 feet, worded as follows, with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhats areas:

CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT

These signs are to be furnished and installed by the contractor at entries to shops, construction yards, and job access points.

MACHINERY AND MECHANIZED EQUIPMENT

5.1 SAFE CONDITION. Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators.

5.2 TAGGING AND LOCKING. The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work.

5.3 HAUL ROADS FOR EQUIPMENT -

5.3.1 ROAD MAINTENANCE. The contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust.

5.3.2 SINGLE-LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents.

5.3.3 TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used.

5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, if requested by the contracting officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance.

5.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized qualified persons.

5.3.6 RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers.

5.3.7 GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while the equipment is in motion is prohibited.

5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job.

5.4 POWER CRANES AND HOISTS (truck cranes, crawler cranes, tower cranes, gantry cranes, hammerhead cranes, derricks, cableways, and hoists)

5.4.1 PERFORMANCE TEST. Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the contracting officer. Test data shall be recorded and a copy furnished the contracting officer.

5.4.2 PERFORMANCE TEST. Power Cranes (Crawler mounted, truck mounted, and wheel mounted). The performance test is to be carried out with outriggers set and with a test load weighing 110 percent of the rated capacity when the boom angle is from 30 degrees to 60 degrees above the horizontal. The test is to consist of raising, lowering and breaking the load, and rotating the test load through 360 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case.

5.4.3 PERFORMANCE TEST. Derricks, Gantry Cranes, Tower Cranes, Cableways, and Hoists, including Overhead Cranes. This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

5.4.4 BOOM ANGLE INDICATOR. Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order.

5.4.5 CRANE TEST CERTIFICATION. The performance test required by 5.4.2 and

5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the 10-foot (or greater) clearance required by OSHA 1926.550 subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment.

5.4.7 BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83 degrees or less, until completely stopping the boom at not over 87 degrees above horizontal.

5.4.8 SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning.

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead Protection, Sections 1000 and 1002, are applicable regardless of the year in which the equipment…