Attachment_B_-_FR2481_Culvert_Replacement_Task_Order_Pricing_Request.pdf

Solicitation 12569R18R0006 Attachment B – FR2481 Culvert Replacement Task Order Pricing Request

FR2481Culvert Replacement Task Order Pricing Request

Road/General Construction IDIQ 12569R18R0006

Statement of Work

Furnish all equipment, labor, supervision, transportation, supplies and misc. materials necessary to perform the work required as stated in the specifications and attachments for the FR2481 Culvert Replacement project. The project consists of the removing and replacement of an existing culvert with a 6 foot by 14 foot, internal diameter, concrete box culvert and all subsidiary components. The contractor will be expected to meet the specification provided be the FP 03 Federal Transportation Administration Handbook. The work includes but is not limited to the mobilization, clearing and grubbing, traffic signage, waterway diversion construction, erosion and sediment control, and use of large equipment such as cranes, dozers and excavators. Contractor is to complete the project in accordance with its schedule, specifications, drawings/maps, wage determination, task order clauses, and contract clauses/ provisions contained herein and with IDIQ contract resulting from solicitation 12569R18R0006.

The Contractor shall utilize products and materials that promote energy conservation, pollution prevention, waste reduction, use of recovered materials (e.g., concrete with fly ash), that are environmentally preferable, with recycled content and that are recyclable, are made from biobased materials (e.g., insulating foam and composite panels), and are energy efficient (Energy Star-qualified) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) 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 in 28 days. The time stated for completion shall include final cleanup of the premises.

No payment protections apply to this project if contract price is below $35,000. FAR 52.228-13 Alternative Payment Protections (JUL 2000) apply to this project if the task order awarded price is below $150,000 but over $35,000. FAR 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) applies to this project if the task order awarded price exceeds $150,000.

List of Task Order Attachments

Attachment A Schedule of Items Attachment B Statement of Work Attachment C Supplemental Specifications Attachment D Drawings Attachment E Davis-Bacon Wage Determination

A complete quote for this project will be considered a signed Attachment A, Schedule of Items, returned with proposals in response to 12569R18R0006.

Task Order award will be determined in conjunction with IDIQ contract awards in response to 12569R18R0006. No additional technical information is required in response to this task order.

Technical questions, including site information, may be addressed to Greg Gardner (906) 428-5887.

FR2481 Culvert Replacement Task Order Pricing Request Attachment A – Schedule of Items

FR2481 AOP Joel Creek Culvert Replacement Task Order Pricing Request

Attachment A – Schedule of Items

ITEM NUMBER DESCRIPTION

METHOD

OF

MEASURE

UNIT QUANTITY UNIT PRICE TOTAL COST

15101-0000 MOBILIZATION DQ LPSM 1

15206-0000 SLOPE, REFERENCE, AND CLEARING AND GRUBBING

STAKES DQ STA 3

15210-6000 CENTERLINE RE-ESTABLISHMENT DQ STA 3

15215-5000 SURVEY AND STAKING, BOX CULVERT DQ EACH 1

15216-2000 SURVEY AND STAKING, GRADE FINISHING STAKES DQ STA 3

15701-0000 SOIL EROSION CONTROL DQ LPSM 1

15702-1000 SOIL EROSION CONTROL, TEMPORARY DIVERSION

CHANNEL DQ LPSM 1

15705-0100 SOIL EROSION CONTROL, SILT FENCE AQ LNFT 280

15706-0100 SOIL EROSION CONTROL, STRAW BALES AQ EACH 30

20101-0000 CLEARING AND GRUBBING AQ ACRE 0.1

20304-1000 REMOVAL OF OLD STRUCTURE AND OBSTRUCTION DQ LPSM 1

20401-0000 ROADWAY EXCAVATION DQ CUYD 416

20701-1300 EARTHWORK GEOTEXTILE, TYPE 4 NON-WOVEN DQ SQYD 190

20801-0000 STRUCTURE EXCAVATION DQ CUYD 445

20803-0000 STRUCTURE BACKFILL DQ CUYD 315

25101-1000 PLACED RIPRAP, CLASS 1 DQ CUYD 55

25101-3000 PLACED RIPRAP, CLASS 3 DQ CUYD 90

30101-0000 AGGREGATE BASE, MDOT - 22A, COMPACTION C AQ TON 255

40202-5000 HOT ASPHALT CONCRETE PAVEMENT, MDOT MIXTURE

NO. 13A DQ TON 47

60205-4350 14 FEET SPAN, 6 FEET PRECAST REINFORCED CONCRETE

BOX CULVERT DQ LNFT 38

60221-0000 METERED END SECTIONS DQ EACH 2

62401-0200 FURNISHING AND PLACING TOPSOIL, 3-INCH DEPTH AQ SQYD 610

62510-2000 SEEDING, HYDRAULIC METHOD AQ SQYD 840

62515-2000 MULCHING, HYDRAULIC METHOD AQ SQYD 460

62520-0000 FERTILIZER (SUPPLEMENTAL APPLICATION) AQ ACRE 0.13

62525-0000 WATER DQ MGAL 4

62701-0000 SOD, STRIP AQ SQYD 25

62901-1000 ROLLED EROSION CONTROL PRODUCT, TYPE 3B AQ SQYD 150

63501-0000 TEMPORARY TRAFFIC CONTROL DQ LPSM 1

Total =

Contractor Name

Signature Date

Contractor DUNS#

Attachment B – Statement of Work

DESCRIPTION, STATEMENT OF WORK AND SPECIFICATIONS

FR2481 AOP Joel Creek Culvert Replacement

Hiawatha National Forest

B-1 – Project Scope and Description: The Joel Creek Aquatic Organism Passage Culvert on Forest Road 2481 consists of the removing and replacement of an existing culvert with a 6 foot by 14 foot, internal diameter, concrete box culvert and all subsidiary components. The contractor will be expected to meet the specification provided be the FP 03 Federal Transportation Administration Handbook. The areas of Forest Road 2481 to be treated will be delineated by Forest Service staff, prior to the contractor mobilizing to site.

B-2 – PROJECT LOCATION

B-3 – PERIOD OF PERFORMANCE

The period of performance of this project is 4 weeks and can be started as permitted by the DEQ after July 9th, 2018. COR and Contractor shall both agree on the start date. Start date must be established two weeks prior to the start of work.

Once mobilization has occurred, the work must be completed within 4 weeks.

B-4 – GENERAL NOTES

Required Information

Bidders are required to provide a basic project schedule as part of the quote. Bidders are also required to provide a basic project plan, major equipment that will be utilized to perform the work, personnel that will be performing the work, and Davis Bacon wages to be paid.

Transportation/ Mobilization/Demobilization

Transportation (mobilization/demobilization) of equipment and/or materials to or from the work areas, to the next work area, for the purpose of performing the work, repairing or replacing equipment, or for the Contractor’s convenience, shall be included in the item mobilization.

Equipment

Equipment used to perform the work scheduled in this contract shall be size, type and in such condition to satisfactorily meet the requirements of the specifications.

Equipment must be cleaned before and after project according to Section 171.

The Contractor’s equipment shall be made available to the Contracting Officer’s Representative (COR) for inspection prior to the award of the contract. If, at any time during the course of the contract, it is determined equipment is unsatisfactory, the COR may order removal and may require a satisfactory replacement. Any such removal and replacement shall be at the Contractor’s expense.

The Contracting Officer or the Contracting Officer’s Representative (COR) may inspect equipment prior to contract award and the time is delivered to the job site. The Contractor shall notify the COR at least three calendar days prior to equipment delivery to the job site. Each unit of equipment that does not comply with the requirement of these specifications shall be replaced or modified to comply with the specifications before work commences.

Repair of Damage

The Contractor shall be responsible for the repair of damage caused by the contractor to existing road and/or trail appurtenances, such as culvert, header walls, signs, and bridges when performing work specified in this contract.

The cost for these repairs and corrections shall be the responsibility of the Contractor and shall be made at no cost to the Government.

Safety

The Contractor shall comply with all Federal and State safety requirements for the type of work to be performed.

Refer to the Occupation Safety and Health Standards (OSHA) for details of these and other safety requirements.

Hard Hats will be required while working around equipment. Chaps, long pants & shirts, hard hats, gloves, and eye protection will be required for all chain saw work. At least one member of the contractors staff shall be OSHA certified for excavation work.

Inspection and Acceptance

The Contractor shall give COR daily notification when areas are ready for inspection. Upon receipt of the notice, a mutually agreed date for inspection will be arranged. The Contractor is encouraged to observe the inspection.

Inspection may be made anytime during the work. The contractor will take prompt corrective action for any deficiencies or deviations that may occur under this contract.

Measure of Payment

Measurements and payment for completed work lump sum at the end of the task order project.

B-% - CONSTRUCTION SEQUENCE AND PLAN OF WORK

See Specifications and drawings.

B-6 –SPECIAL PROJECT SPECIFICATIONS

This contract has stand-alone special project specifications

Item numbers in the Schedule of Items corresponds to specification number.

Attachment C – Supplemental Specifications

Table of Contents

Submittals …………………………………………………….

Preface ………………………………………………………..

101 – Terms, Format, and Definitions ……………………….

102 – Bid Award, and Execution of Contract ………………..

103 – Scope of Work ………………………………………...

104 – Control of Work ……………………………………….

105 – Control of Material …………………………………… 106 – Acceptance of work …………………………………...

107 – Legal Relations and Responsibility to the Public ……..

109 – Measurement and Payment ………………………… 151 – Mobilization …………………………………………..

152 – Construction Stacking ………………………………… 153 –Contractor Quality Control …………………………… 154- Contractor Sampling and Testing ……………………...

156 – Public Traffic ………………………………………….

157 – Soil Erosion Control …………………………………..

201 – Clearing & Grubbing ………………………………….

203 – Removal of structures and Obstructions ……………… 204 – Excavation and embankment ………………………… 209 – Structure Excavation and Backfill …………………….

212 – Linear Grading ………………………………………...

251 – Riprap ………………………………………………….

301 – Untreated Aggregate Coarse …………………………..

402 – Hot Asphalt Concrete Pavement by Hveem …………..

or Marshall Mix Design Method 602 – Culverts and Drains …………………………………… 624 – Topsoil ………………………………………………… 635 – Traffic Control ………………………………………… 703 – Aggregate ……………………………………………… 706 – Concrete and Plastic Pipe ……………………………… 714 – Geotextile & Geocomposite Drain Material …………… 718 – Traffic Signing and Marking Material ………………….

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Submittals

Submittal Schedule:

The following required items need to be submitted according to the schedule shown to prevent delays or stoppages of work.

ITEM

ACTION SCHEDULE

Construction Schedule Approved by CO/COR 2 weeks before mobilization

List of Subcontractors and Suppliers For Records 2 weeks before mobilization

List of Emergency contact names, numbers and titile of personnel.

Approval be CO/COR 2 weeks before mobilization

Letter of Contractor’s on-site superintendent Approval be CO/COR 2 weeks before mobilization

Aggregate delivery slips Approval be CO/COR As delivered Topsoil delivery slips Approval be CO/COR As delivered Certified Payroll Approval be CO/COR With invoices

* “For record” assume that an Item which meets Specifications as written in the supplied. Other “equal” products requires review and approval be the CO/COR, and may take longer to review.

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Preface

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

101 – Terms, Format, and Definitions

101.03 Abbreviations

AFPA – American Forest and Paper Association MSHA – Mine Safety and Health Administration NIST – National Electrical Safety Code NESC – National Electrical Safety Code WCLIB – West Coast Lumber Inspection Bureau Mp- Milepost Ppm – Part Per Million

101.04 Definitions

Award — The written acceptance of a bid by the CO.

Backfill — Material used to replace or the act of replacing material removed during construction. Material placed or the act of placing material adjacent to structures.

Base — The layer or layers of material placed on a subbase or subgrade to support a surface course.

Bid — A written offer by a bidder to perform work at a quoted price.

Bidder — Any individual or legal entity submitting a bid.

Bid Schedule – The prepared schedule included with the bid forms, containing the estimated quantities of pay items for which unit bid prices are invited.

Contract — The written agreement between the Government and the Contractor setting forth the obligations of the parties for the performance of and payment for the prescribed work.

Contracting Officer (CO) — An official of the Government with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contractor – The individual or legal entity contraction with the Government for performance of prescribed work.

Change – “Change” means “change order” as used in the Federal Acquisition Regulations.

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Cross-Section — A vertical section of the ground or structure at right angles to the centerline or baseline of the roadway or other work.

Culvert — Any structure, not classified as a bridge, that provides an opening under the roadway.

Design Quantity – “Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges, under these FP 03 specifications this term is replaced by the term, “Contract Quantities”.

Diversion — A temporary rerouting of public traffic onto a temporary alignment within the project limits in order to bypass the work or a portion of the work.

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

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

Layer — See "lift."

Lift — Defined as follows:

(a) When placing and compacting soils and aggregates, a lift is any single, continuous layer of material that receives the same compactive effort throughout during a single work operation.

(b) When installing culvert pipe less than or equal to 48 inches in diameter, the backfill material placed on both sides of the pipe is considered to be contained in the same lift when the material is placed to the same elevation on both sides of the culvert, the compactive effort applied to one side of the culvert is the same as that applied to the other, and the compactive effort is applied to both sides of the pipe in a continuous operation.

Material — Any substances specified or necessary to satisfactorily complete the contract work.

Maximum Particle Size — The smallest sieve opening through which all particles in the material will pass.

Measurement — The process of identifying the dimensions, quantity, or capacity of an item. See Section 109 for measurement methods, terms, and definitions.

Neat Line – A line defining the proposed or specified extents of excavation or fill as delineated in the plans.

Notice to Proceed — Written notice to the Contractor to begin the contract work.

Protected Stream Course – All named stream, rivers those waters draining directly in them shall require designated mitigation measures for erosion.

Pay Item — A specific item of work for which a unit and price is provided in the contract.

Plans — The contract plans furnished by the Government showing the location, type, dimensions, and details of the work.

Roadbed — The graded portion of a highway prepared as a foundation for the pavement structure and shoulders.

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Roadway Prism — The volume defined by the area between the original terrain cross-section and the final design cross-section multiplied by the horizontal distance along the centerline of the roadway.

Roller Pass — One trip of a roller in one direction over any one spot.

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.

Sieve — See AASHTO M 92.

Schedule of Items – A schedule in the contract that contains a listing and description of construction items, quantities, unit of measure, unit price, and amount.

Subbase — The layer or layers of material placed on a subgrade to support a base.

Subgrade — The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed.

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

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Section 102. — BID, AWARD, AND

EXECUTION OF CONTRACT

102.01 Acquisition Regulations. Bid, award, and execution of the contract are governed by the FAR and TAR.

102.02 Preparation of Bids. Follow the requirements of FAR Clause 52.214-18 Preparation of Bids — Construction.

Execute and submit all required standard forms, bid schedules, and solicitation provisions contained in the solicitation as part of the bid. Complete SF 1442, Solicitation, Offer, and Award, and sign as follows:

(a) Individuals. Sign your individual signature. For individuals doing business as a firm, follow the individual signature with the individual's typed, stamped, or printed name and the words, "an individual doing business as (name of firm) ."

(b) Partnerships. Submit a list of all partners having authority to bind the partnership. One of the listed partners must sign on behalf of the partnership.

(c) Corporations. Sign in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign. Submit evidence from the corporation that the person signing has authority to bind the corporation.

(d) Joint ventures. Submit a copy of the Joint Venture agreement. Sign the SF 1442 according to the Joint Venture agreement.

(e) Limited liability company. Sign in the company name, followed by the word “by” and the signature of the person authorized to sign. Submit evidence that the individual executing the document has authority to bind the company.

(f) Agents. When an agent signs, other than as stated in (a) through (e) above, furnish satisfactory evidence that the agent has authority to bind the bidder.

Insert a unit bid price, in figures, for each pay item for which a quantity appears in the bid schedule. Multiply the unit bid price by the quantity for each pay item and show the amount bid. Should any mathematical check made by the Government show a mistake in the amount bid, the corrected unit price extension shall govern.

When the words "lump sum" appear as a unit bid price, insert an amount bid for each lump sum pay item.

When the words "contingent sum" or a fixed rate appears as a unit bid price, include the Government inserted amount bid for the item in the total bid amount.

Total all of the amounts bid for each pay item and show the total bid amount.

The quantities shown in the bid schedule are approximate, unless designated as a contract quantity, and are used for the comparison of bids. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. The scheduled quantities may be increased, decreased, or deleted. Bid schedule quantities are considered the original contract quantities.

102.05 Public Opening of Bids. Bids will be publicly opened at the time specified in the SF 1442. Their contents will be made public information. The Government reserves the right to reject bids as set forth in the FAR, Part 14.

102.06 Performance and Payment Bonds. Follow the requirements of FAR Clause 52.228-15 Performance and Payment Bonds

– Construction. Furnish a performance bond and a payment bond each in the penal amount of 100 percent of the original contract price.

Use SF 25, Performance Bond, and SF 25A, Payment Bond, for submitting the bonds.

The requirements contained in Subsections 102.03 and 102.04 relating to power of attorney, evidence of guarantee assistance, and individual sureties also apply to performance and payment bonds.

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Section 103. — SCOPE OF WORK

103.01 Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described.

The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

103.02 Disputes. Follow the requirements of FAR Clause 52.233 1 Disputes.

When requesting a CO's decision on an interpretation of contract terms for the recovery of increased costs, quantify the amount and, if required by FAR Clause 52.233-1, certify the amount. Include an explanation of the interpretation of contract terms, the contract clause under which the claim is made, all supporting documentation, and adequate cost data to support the amount claimed.

103.03 Value Engineering. Follow the requirements of FAR Clause 52.248 3 Value Engineering — Construction.

Before undertaking significant expenditures, provide the CO with a written description of the value engineering change proposal (VECP) concept. Within 14 days, the CO will inform the Contractor as to whether the concept appears to be viable or if the concept is unacceptable. If the CO indicates that the concept appears to be viable, prepare and submit the formal VECP proposal.

103.04 Contractor Records. Upon request, provide records related to the contract to the Government for up to 3 years after final payment and for longer periods as provided by law.

Include a provision in all subcontracts at all tiers giving the Government the same rights as provided above with respect to the subcontractor's records.

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104 – Control of Work

104.03 Specifications and Drawings.

As-Built-Plans. Furnish one set of as built plans. The Government will provide one set of contract plans to be used exclusively for recording the as-built details of the project. Use red pencil or ink to record the information on the as-built plans.

Note all additions or revisions to the location, character, and dimensions of the prescribed work shown on the contract plans. Line out all details shown that are not applicable to the completed work. Check off details shown that were incorporated into the completed work without change.

Retain the plans at the project site and, as work progresses, continually update them to reflect the as-built details. Upon request, make the plans available to the CO to review for compliance with these specifications.

Show the following types of changes on the as-built plans:

(1) Typical section(s)

a. Revisions to the alignment

b. Revisions to the width or ditch

c. Revitions to embankment or back slopes

d. Changes in the construction limits

(2) Plan and Profile

a. Revisions to the alignment

b. Changes in the construction limits

c. Revisions in the location, type, and grade of road approaches

d. Location of monuments and permanent references

e. Revisions to grades, elevations, and stationing of intersections PIs

f. Location and type of utilities

g. Equations

Furnish a copy of the as-built working plans to the CO before the final inspection. Correct all details found during the final inspection that are not shown on the as-built plans and return to the CO within 5 days.

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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 Orders(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.

105 – Control of Materials

105.01 Source of Supply and Quality Requirements. Follow the requirements of FAR Clause 52.236-5 Material and Workmanship.

Select sources and provide acceptable material. Notify the CO of all proposed sources before delivery to the project to expedite material inspection and testing. Do not incorporate material requiring submittal into the work until approved.

Material may be approved at the source of supply before delivery to the project. Approval does not constitute acceptance.

If an approved source does not continue to supply acceptable material during the life of the project, further use of that source may be denied.

105.02 Material Sources.

(a) Government-provided sources. The Government will acquire the permits and rights to remove material from provided sources identified in the contract and to use such property for a plant site and stockpiles. Test reports and available historical performance data verifying the presence of acceptable material are available upon request.

Do not perform work within a Government-provided source until a plan of operation for the development of the source is accepted. Perform all work necessary to produce acceptable material including site development, preparation, erosion control, and restoration.

The quality of material in provided sources is acceptable in general, but may contain layers or pockets of unacceptable material. It is not feasible to ascertain from samples the quality of material for an entire deposit, and variations may be expected. Determine the quantity and type of equipment and work necessary to select and produce acceptable material.

Strip and stockpile the overburden. After operations are complete, move all waste back into the source. Neatly trim and flatten the side slopes to the extent practicable. Spread the stockpiled overburden uniformly over the sides and bottom of the mined area. Shape the mined area to blend into the surrounding natural terrain.

Comply with the requirements of 30 CFR 56, subsection B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, reestablish vegetation in disturbed areas according to section

(b) Contractor-located sources. The Contractor is responsible for located sources, including established commercial sources. Use sources that fulfill the contract quantity and quality requirements. Determine the quantity and types of equipment and work necessary to select and produce acceptable material. Secure all permits and clearances for use of the source and provide copies of the documents.

Provide laboratory test reports and available historical performance data indicating that acceptable material is available from the source. Do not use material from a source that is unacceptable to the Government. Dispose of unacceptable material and locate another source at no cost to the Government.

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105.03 Material Source Management. Notify the CO 14 days before starting pit operations. Develop and operate within a material source according to the accepted plan of operation or written agreement for developing the source.

Before developing a material source, measure the sediment content of bodies of water adjacent to the work area that will receive drainage from the work area. Control all erosion so the sediment levels in the bodies of water within the drainage area of the work area do not increase. Control erosion so that sediment does not leave the work area.

105.04 Storing and Handling Material. Store and handle material to preserve its quality and fitness for the work.

Stored material approved before storage may again be inspected before use in the work. Locate stored material to facilitate prompt inspection.

Use only approved portions of the right-of-way for storing material and placing plants and equipment. Provide all additional space needed. Do not use private property for storage without written permission of the owner or lessee.

Furnish copies of all agreements. Restore all Government-provided storage sites to their original condition.

The Contractor is responsible for the security of all stored material.

105.05 Use of Material Found in the Work. Material, such as stone, gravel, or sand, found in the excavation may be used for another pay item when acceptable. When there is an applicable excavation item in the bid schedule, such material will be paid both as excavation and as the other pay item for which it is used. Replace material so used and needed for embankment or backfill with acceptable material at no cost to the Government. Excavate or remove material only from within the grading limits, as indicated by the slope and grade lines.

The right to use and process material found in the work does not include the use and processing of material for nongovernment contract work except for the disposal of waste material. If the Contractor produces or processes material from Government lands in excess of the quantities required for the contract, the Government may:

(a) Take possession of the excess material and direct its use, paying the Contractor only for the cost of production, or

(b) Require removal of the material and restoration of the land to a satisfactory condition at no cost to the Government.

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106 – Acceptance of Work

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 work according to the contract requirements. 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 stricter.

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.

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 and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.

As an alternative to removal and replacement, the Contractor may submit a written request to:

(a) Have the work accepted at a reduced price; or

(b) 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.

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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.

106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

106.03 Certification. For material manufactured off-site, use a manufacturer with an ISO 9000 certification or an effective testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or specification standard to which it is produced.

Other than references in or to the FAR or Federal Law, when these Standard Specifications reference certifications;

certificates; or certified documents, equipment, or individuals, these references are not certifications under Section 4301 of Public Law 104-106, National Defense Authorization Act for Fiscal Year 1996. These references refer to documentation of non-regulatory, peripheral contract requirements that are required to be validated by an individual or organization having unique knowledge or qualifications to perform such validation.

Material accepted by certification may be sampled and tested at any time. If found not in conformance with the contract, the material will be rejected whether in place or not.

One of the following certifications may be required:

(a) Production certification. Material requiring a production certification is identified in the Acceptance Subsection of each Section. Require the manufacturer to furnish a production certification for each shipment of material. Include the following with each production certification:

(1) Date and place of manufacture;

(2) Lot number or other means of cross-referencing to the manufacturer’s inspection and testing system; and

(3) Substantiating evidence that the material conforms to the contract quality requirements as required by FAR 46.105(a)(4), including all of the following:

(a) Test results on material from the same lot and documentation of the inspection and testing system;

(b) A statement from the manufacturer that the material complies with all contract requirements; and

(c) Manufacturer’s signature or other means of demonstrating accountability for the certification.

(b) Commercial certification. When a certification is required, but not a production certification, furnish one commercial certification for all similar material from the same manufacturer.

A commercial certification is a manufacturer's or Contractor's representation that the material complies with all contract requirements. The representation may be labels, catalog data, stamped specification standards, or supplier's certifications indicating the material is produced to a commercial standard or specification.

106.04 Measured or Tested Conformance. Provide all necessary production and processing of the work and control performance of the work so that all of the work complies with the contract requirements.

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Results from inspection or testing shall have values within the specified tolerances or specification limits. When no tolerance values are identified in the contract, the work will be accepted based on customary manufacturing and construction tolerances.

106.06 Inspection at the Plant. Work may be inspected at the point of production or fabrication. Manufacturing plants may be inspected for compliance with specified manufacturing methods. Material samples may be obtained for laboratory testing for compliance with quality requirements. Allow full entry at all times to the parts of the plant producing the work.

107 – Legal Relations and Responsibility to the Public

107.01 Laws to be Observed. Follow the requirements of FAR Clause 52.236-7 Permits and Responsibilities.

Comply with all applicable laws, ordinances, safety codes, regulations, orders, and decrees. Protect and indemnify the Government and its representatives against any claim or liability arising from or based on the alleged violation of the same.

Comply with all permits and agreements obtained by the Government for performing the work that is included in the contract. Obtain all additional permits or agreements and modifications to Government-obtained permits or agreements that are required by the Contractor's methods of operation. Furnish copies of all permits and agreements.

107.02 Protection and Restoration of Property and Landscape. Follow the requirements of FAR Clause 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Preserve public and private property, and protect monuments established for the purpose of perpetuating horizontal, vertical, cadastral, or boundary control. When necessary to destroy a monument, reestablish the monument according to applicable state statute or by the direction of the agency or individual who established the monument.

Do not disturb the area beyond the construction limits. Replace trees, shrubs, or vegetated areas damaged by construction operations as directed and at no cost to the Government. Remove any damaged limbs of existing trees by an approved arborist.

Do not excavate, remove, damage, alter, or deface any archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the project to ensure that protected sites are not disturbed or damaged.

Should any of these items be encountered, suspend operations at the discovery site, notify the CO, and continue operations in other areas. The CO will inform the Contractor when operations may resume at the discovery site.

When utilities are to be relocated or adjusted, the Government will notify all utility owners affected by the relocations or adjustments. The relocations or adjustments will be performed by others or will be included in the contract work.

Before beginning work in an area, the Contractor shall have all utility owners locate their utilities. Protect utilities from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities to minimize interruption of service and duplication of work.

If utility services are interrupted as a result of damage by the construction, immediately notify the utility owner, the CO, and other proper authorities. Cooperate with them until service is restored. Do not work around fire hydrants until provisions for continued service are made and approved by the local fire authority.

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If utility adjustment work, not included in the contract, is required, compensation for the work will be provided under applicable clauses of the contract. Satisfactorily repair damage due to the fault or negligence of the Contractor at no cost to the Government.

Repair of damage to underground utilities that were not shown on the plans or identified before construction, and not caused by the fault or negligence of the Contractor, will be paid for by the Government.

107.03 Bulletin Board. Furnish a weatherproof bulletin board of suitable size and construction for continuous display of posters and other information required by the contract. Erect and maintain the bulletin board at a conspicuously accessible location on the project and remove and dispose of it after project final acceptance.

Display each of the following documents on the bulletin board:

(a) "Equal Opportunity" poster, according to FAR Clause 52.222-26 Equal Opportunity;

(b) "Notice" that the project is subject to Title 18, U.S. Criminal Code, Section 1020, FHWA Form 1022;

(c) "Notice to Employees" poster, WH-1321, regarding proper pay;

(d) "Right to Safe and Healthful Workplace" poster, according to Title 29, Code of Federal Regulations, Part 1903;

(e) "General Wage Decision" contained in the contract; and

(f) Company equal employment opportunity policy.

107.05 Responsibility for Damage Claims. Indemnify and hold harmless the Government, its employees, and its consultants from suits; actions; or claims brought for injuries or damage received or sustained by any person, persons, or property resulting from the construction operations or arising out of the negligent performance of the contract.

Procure and maintain until final acceptance of the contract, liability insurance of the types and limits specified below.

Obtain insurance from companies authorized to do business in the appropriate state. The insurance shall cover all operations under the contract whether performed by the Contractor or by subcontractors.

Before work begins, furnish "certificates of insurance" certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government. Insurance coverage in the minimum amounts set forth below shall not relieve the Contractor of liability in excess of the coverage.

Carry insurance meeting the following minimums:

(a) Worker's compensation insurance. Minimum required by law.

(b) Comprehensive or commercial general liability insurance.

(1) Personal injury and property damage coverage;

(2) Contractual liability coverage;

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(3) Completed operations liability coverage;

(4) $1,000,000 combined single limit for each occurrence; and

(5) $2,000,000 general aggregate limit.

(c) Automobile liability insurance. $1,000,000 combined single limit for each occurrence.

107.06 Contractor's Responsibility for Work. Assume responsibility for all work until final acceptance except as provided in Subsection 106.07. This includes periods of suspended work. Protect the work against injury, loss, or damage from all causes whether arising from the execution or nonexecution of the work.

Maintain public traffic according to Section 156. Rebuild, repair, restore, and make good all losses, injuries, or damages to any portion of the work. This includes losses, injuries, or damages caused by vandalism, theft, accommodation of public traffic, and weather that occurs during the contract.

The Government will only be responsible for losses, injuries, and damages to work put in place that was caused by declared enemies and terrorists of the Government and cataclysmic natural phenomenon such as tornadoes, earthquakes, major floods, and other officially declared natural disasters. The Government will only be responsible for costs attributable to repairing or replacing damaged work. The Government will not be responsible for delay costs, impact costs, or extended overhead costs.

107.09 Legal Relationship of the Parties. In the performance of the contract, the Contractor is an independent contractor and neither the Contractor nor anyone used or employed by the Contractor shall be an agent, employee, servant, or representative of the Government. The Contractor's independent contractor status does not limit the Government's general rights under the contract.

107.10 Environmental Protection. Do not operate mechanized equipment or discharge or otherwise place any material within the wetted perimeter of any waters of the U.S. within the scope of the Clean Water Act (33 USC § 1251 et seq.).

This includes wetlands unless authorized by a permit issued by the U.S. Army Corps of Engineers according to 33 USC § 1344, and, if required, by any State agency having jurisdiction over the discharge of material into the waters of the U.S.

In the event of an unauthorized discharge:

(a) Immediately prevent further contamination;

(b) Immediately notify appropriate authorities; and

(c) Mitigate damages as required.

Comply with the terms and conditions of any permits that are issued for the performance of work within the wetted perimeter of the waters of the U.S.

Separate work areas, including material sources, by the use of a dike or other suitable barrier that prevents sediment, petroleum products, chemicals, or other liquid or solid material from entering the waters of the U.S. Use care in constructing and removing the barriers to avoid any discharge of material into, or the siltation of, the water. Remove and properly dispose of the sediment or other material collected by the barrier.

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Repair leaks on equipment immediately. Do not use equipment that is leaking. Keep a supply of acceptable absorbent materials at the job site in the event of spills. Acceptable absorbent materials are those that are manufactured specifically for the containment and clean up of hazardous materials.

107.11 Protection of Forests, Parks, and Public Lands. Comply with all regulations of the State fire marshal, conservation commission, Forest Service, National Park Service, Bureau of Land Management, Fish & Wildlife Service, Bureau of Indian Affairs, or other authority having jurisdiction governing the protection of land including or adjacent to the project.

109 – Measurement and Payment

109.02 Measurement Terms and Definitions

Take and record measurements and perform calculations to determine pay quantities for invoicing for work performed.

Take or convert all measurements of work according to United States customary measure.

Unless otherwise specified, measure when the work is in place, complete, and accepted. Measure the actual work performed, except do not measure work outside the design limits or other adjusted or specified limits (staked limits).

Measure structures to the lines shown on the plans or to approved lines adjusted to fit field conditions.

Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement Subsection of the Section controlling the work being performed.

Remeasure quantities if it has been determined that any portion of the work is acceptable but has not been completed to the lines, grades, and dimensions shown on the plans or established by the CO.

Submit measurement notes to the CO within 24 hours of completing the work. For on-going work, submit measurement notes weekly. When work is not complete, identify the measurement as being an interim measurement. Submit the final measurement when the installation is completed. Measurement notes form the basis of the Government’s receiving report (see Subsection 109.08(d)). For lump sum items, submit documentation to support invoiced progress payment on a monthly basis.

Use an acceptable format for measurement records. As a minimum, include the following information in all records of measurement:

(a) Project name and number;

(b) Contract item number;

(c) Date the work was performed;

(d) Location of the work;

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(e) Measured quantity;

(f) Calculations made to arrive at the quantity;

(g) Supporting sketch and details as needed to clearly define the work performed and the quantity measured;

(h) Names of persons measuring the work;

(i) Identification as to whether the measurement is interim or final; and

(j) Signed certification statement by the persons taking the measurements, performing the calculations, and submitting them for payment that the measurement and calculations are correct to the best of their knowledge and that the quantity being measured is subject to direct payment for the identified item under the contract.

109.02 Measurement Terms and Definitions. Unless otherwise specified, the following terms are defined as follows:

(a) Acre. 43,560 square feet. Make longitudinal and transverse measurements for area computations horizontally unless specified on the ground surface. Do not make deductions from the area computation for individual fixtures having an area of 500 square feet or less.

(b) Contract quantity. The quantity to be paid is the quantity shown in the bid schedule. The contract quantity will be adjusted for authorized changes that affect the quantity or for errors made in computing this quantity. If there is evidence that a quantity specified as a contract quantity is incorrect, submit calculations, drawings, or other evidence indicating why the quantity is in error and request, in writing, that the quantity be adjusted.

(b) Cubic yard.

(1) Cubic yard in place. Measure solid volumes by a method approved by the CO or by the average end area method as follows:

(a) Take cross-sections of the original ground and use with design or staked templates or take other comparable measurements to determine the end areas. Do not measure work outside of the established lines or slopes.

(b) If any portion of the work is acceptable but is not completed to the established lines and slopes, retake cross-sections or comparable measurements of that portion of the work. Deduct any quantity outside the designated or staked limits. Use these measurements to calculate new end areas.

(c) Compute the quantity using the average end areas multiplied by the horizontal distance along a centerline or reference line between the end areas. Deduct any quantity outside the designed or staked limits.

(2) Cubic yard in the hauling vehicle. Measure the cubic yard volume in the hauling vehicle using three-dimensional measurements at the point of delivery. Use vehicles bearing a legible identification mark with the body shaped so the actual contents may be readily and accurately determined. Before use, mutually agree in writing on the volume of material to be hauled by each vehicle. Vehicles carrying less than the agreed volume may be rejected or accepted at the reduced volume.

Level selected loads. If leveling reveals the vehicle was hauling less than the approved volume, reduce the quantity of all material received since the last leveled load by the same ratio as the current leveled load

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Material measured in the hauling vehicle may be weighed and converted to cubic yards for payment purposes if the conversion factors are mutually…