Maroon_Creek_TBR-SOW 6-17-2020.docx

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Maroon Creek Trail Bridge Replacements White River National Forest Aspen Ranger District Pitkin County Colorado

B.1 SCHEDULE OF ITEMS:

BASE ITEM 1: MAROON SCENIC BRIDGE #1 REPLACEMENT

ITEM NO.

DESCRIPTION

UNIT OF

ISSUE

91301 Aggregate surface course, grading D, Method A

CY

97101 Placed riprap, Class 3, Sorted From Gov't Borrow Source

SOL NO.

1282X920R0001 Maroon Creek

Trail

Bridge White River National

Forest Page 1 of

BASE ITEM 2: WEST MAROON PORTAL LINK TRAIL BRIDGE

ITEM NO.

DESCRIPTION

Placed riprap, Class 3, Sorted From Gov't Borrow Source

Required Contractor Business Information:

DUNS Number:

Contact Name:

Contact Email:

Contact Phone:

SOL NO.

1282X920R0001 Maroon Creek

Trail

Bridge White River National

Forest Page of 38

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 DESCRIPTION OF WORK

The work shall consist of what is shown on the plans, stated in the specifications, and summarized below:

· Order, fabricate, and deliver to the sites all the Prefabricated Steel Trail Bridge materials

· Install traffic control signs and close the Maroon Scenic Trail and West Maroon Trail.

· Install erosion control measures including any stream-flow diversion system.

· Remove the existing bridges abutments as shown in the plans.

· Excavate for riprap streambanks and foundation protection.

· Install the geocell pads.

· Install the grade beams.

· Remove the stream-flow diversion system.

· Place the bridges.

· Place trail surface aggregate on Maroon Scenic Bridge #1 Replacement.

· Remove signs and re-open Maroon Scenic and West Maroon Trails.

· Final site work and cleanup.

C.2 PROJECT LOCATION

The Maroon Scenic Bridge #1 Replacement is at the Maroon Bells Wilderness boundary approximately 11 miles southwest of Aspen, Colorado. The bridge replacement is located on the Maroon Scenic Trail about 0.5 miles from the start of the trail at the Maroon Bells Parking lot at the end of the Maroon Creek Road in the White River National Forest.

Lat. 39° 5'45.21"N; Long 106°56'53.97"W

The West Maroon Portal Link Trail Bridge is approximately 10.7 miles southwest of Aspen, Colorado. The bridge replacement is located on the West Marron Trail about 0.25 miles from the start of the trail at the West Maroon Trailhead parking lot near the end of the Maroon Creek Road in the White River National Forest.

Lat. 39° 6'6.41"N; Long. 106°55'55.79"W

C.3 PRICE RANGE

The Government’s estimate is: Between $100,000 and $240,000

C.4 APPLICABLE SPECIFICATIONS

Standard specifications for construction of trails and trail bridges on forest service projects (U.S. Customary Units) shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

Standard specifications for FP-14 shown in the specification listing and referenced in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications are applicable.

SECTION D--PACKAGING AND MARKING

[BLANK]

SECTION E--INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: On Site

SECTION F--DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/browse/index/far

F.2 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 not later than TBD The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Please make sure that your company has registered at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Certified Payrolls, Final Inspection and a Contractor Notification and Release of Claims

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO.

G.2 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, 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.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.4 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at White River National Forest Supervisors Office; 900 Grand Ave. Glenwood Springs, CO 81601.

G.5 CONTRACT AWARD

A written award or acceptance of an offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

G.6 GOVERNMENT FURNISHED PROPERTY

None provided unless otherwise specified in the Task Order.

G.7 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, 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.8 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.9 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Placed Riprap, Class 3, Sorted from government borrow source

Borrow Source off spur road, see sheet 2; designated on the ground by COR

Upon approval of construction schedule

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H. 1 FIRE CONTROL

See Attached Fire Plan

H.2 WORK HOURS AND ALLOWABLE OPERATING PERIODS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

Construction activity shall be limited to the hours between 6:00 a.m. and 6:00 p.m., Monday through Friday, unless other hours are approved in writing by the COR. No work shall be performed on federal holidays.

All construction activity shall be limited to the period from September 1 to November 1, inclusive.

H.3 USE OF PREMISES

Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes.

A storage site will be permitted within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

When the Contractor's operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

Potable water and sanitary facilities are not available for use during construction. Electric power is not available on site for construction use.

H.4 PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H.5 CONTRACTOR’S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H.6 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following shall be submitted on this project:

Title

Referenced by Specification No.

Description Time of Government Approval After Submittal

Written Plan

Section J Fire Prevention and Suppression Plan

7 days

Drawings

903 & 964 Bridge drawings and Supporting Calculations

7 days

Certification/Documentation

905 & 964 Welder Certification & Welding procedures

7 days

Certification/Documentation

Certification of Qualified Survey Personnel

7 days

Documentation

Target Values for Aggregate

Dewatering and Diversion Plan

H.7, H.15, Erosion and Pollution Control Plan

7 days

FP-14 156,

Contract Traffic Control Plan

H.7 CLEANING OF EQUIPMENT AND INSPECTION

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H.8 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

A. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

B. Protection of Streams, Lakes, and Reservoirs, ditches, and canals. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, sediment, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer. Every effort shall be made by the contractor to control sediment and pollution from entering streams, lakes, reservoirs, ditches and canals.

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. A spill containment kit will be located where equipment is stored. Hydraulic/oil/fuel leaks will be repaired prior to operating on National Forest System lands. Equipment will be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities in or near stream channels. Equipment storage locations will need to be away from any live streams by at least 100 feet. Equipment will not be stored adjacent to or in stream channels when not in use to avoid/minimize any potential effects of vandals, accidents, or natural disasters. Any accidental spills of a hazardous material (e.g. oil, fuel, transmission fluid) from any operating equipment or in place of storage on land or in water must be reported to the White River National Forest.

D. Total oil or oil products storage shall not exceed 1320 gallons, OR any single container shall not exceed a capacity of 660 gallons.

E. Service and refueling areas need to be located at least 100 ft. away from any stream course. Refueling or oil change for mechanized equipment and vehicles must be done at a designated service and refueling area.

H.9 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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) below.

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, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

H.10 CONSTRUCTION STAKES, LINES, AND GRADES

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re- establishment of the field control for the altered or adjusted work.

H.11 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Road No.

Termini Authorizations, Restrictions & Requirements

Maintenance Required

125.1H

0.30-0.20 Highway legal loads; use limited to borrow area and staging area; maintain gate closure

NO

125.1I

0.00-0.04 Highway legal loads; parking lot use limited to area designated by COR; maintain signage and construction fence

NO

(b) If the Contractor requests use of a National Forest road or segment not designated for their use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current White River National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H.12 TRAIL AND ROAD MAINTENANCE REQUIREMENTS

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of trails and roads.

2. While performing all phases of construction, the Contractor shall minimize damage to surfaces, ditches, slopes and all appurtenances of trails and roads. Where damage does occur, the Contractor shall restore the trail or road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require sweeping and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H.13 TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings or required to ensure public safety.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

Refer to standard specification 909 and FP-14 section 156.00 for requirements.

H.14 CONTROL OF MATERIAL

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

(a) Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

(a) Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H.15 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H.16 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

· Vegetation removal for access to the bridge locations and to address hazard trees that are located within the project area will be minimized.

· Any ground disturbance will be minimized.

· Any ground disturbance shall be restored to the condition that existed prior to the disturbance.

· Helicopter access may be utilized for replacement of the trail bridges. Heavy equipment may also be utilized for replacement of the trail bridges.

· Removal of one side of the post and rope-rail fencing along the scenic loop trail may be necessary in order to access Maroon Scenic Bridge #1, the contractor is responsible for resetting the fencing as it existed prior to removal.

· The Army Corps of Engineers (USACE) will be notified of any work that may occur in West Maroon Creek.

· A spill prevention plan will be required; spill containment materials will be on hand for each project at all times.

· Public safety will be of utmost importance during construction. The contractor will be responsible for trail closures and required to provide public information on trail closures that result from these two construction projects. Public information will include signage on the trails and a field presence to interface with the public.

H.17 PERFORMANCE AND PAYMENT BONDS

a. PERFORMANCE BONDS. For contracts over $150,000, a Performance and Payment Bond are required. The bond(s) must be submitted and approved, to the Government, within 10 calendar days after the Contractor’s receipt of the executed Task Order. Work shall not begin until a Notice to Proceed, fully executed by the Contractor Officer, has been received by the Contractor. The amount of the Performance Bond must equal 100% of the contract amount. (Standard Form 25 is attached, see Section J) (See Section I, 52.228-15)

b. PAYMENT BOND. For contract over $30,000, a Payment Bond is required. The bond must be submitted and approved within 10 calendar days after receipt of the contract. Work cannot begin until a Notice to Proceed, fully executed by the Contractor, has been given. The amount of the Payment Bond must equal 100% of the contract amount. (Standard Form 25A is attached, see Section J attachment J.3) (See Section I, 52.228-15)

amount. Value of bonds shall be equal to the value of the Task Order.

H.18 BID BONDS

In accordance with FAR 28.1--Bonds and Other Financial Protections Bidder(s) shall submit with their bid a Bid Guarantee with good and sufficient surety or sureties acceptable to the Government, or other form of security in the amount of 20 PERCENT OF THE BID PRICE. The amount of the bid guarantee submitted, if less than that required by the solicitation for the maximum quantity offered, is determined by the Government to be sufficient for a quantity for which the Offeror/Bidder is otherwise eligible for award. Any award to the Offeror/Bidder shall not exceed the quantity covered by the bid guarantee, reference FAR 28.101-4(c)(3) Noncompliance with Bid Guarantee Requirements. (Standard Form 24 is attached hereto - See Section J attachment J.4) (See Section I, 52.228-1)

H.19 WAGE DETERMINATION

U.S. Department of Labor Wage determinations applicable to this contract are incorporated herein. (See Section J.)

If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contractor shall submit to the Contracting Officer a Standard Form (SF) 1444 Request for Authorization of Additional Classification and Rate, along with other pertinent data.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Suspended, or Proposed for Debarment

2014)

Contracts (SEPT 2013)

(AUG 2011)

(APR 1984)

Alternate I (NOV 1991)

Alternate I (APR 1984)

Alternate I (APR 1984)

Alternate II (APR 1984)

Alternate I (APR 1984)

(NOV 1996)

I.2 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

The Schedule (excluding the specifications) Representations and other instructions Contract clauses Other Documents, exhibits, and attachments The Specifications

I.3 52.225-9 BUY AMERICAN -CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii)…