12SPEC18B0004_Delta_Clearwater_Remediation_Project_for_FBO_Base.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NRCS-HQ-123C78

USDA-NRCS CONTRACTING TEAM 3

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

NRCS-HQ-123C78

WASHINGTON DC 20250

NRCS BID for 12SPEC18B0004 Attn. Ryan Lorimer

800 W. Evergreen Ave., Ste. 100 Palmer, AK 99645 907-761-7744

RYAN LORIMER 907-761-7744

x

1. SOLICITATION NO.

12SPEC18B0004

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

This is an invitation for bid (IFB) solicited using the sealed bidding procedures of FAR Part 14.

Bids are due by 10:00am Alaska Time on January 10,2018. A public bid opening will be held at that time. The address and call-in information will be posted in an amendment to this solicitation.

The contractor shall furnish all labor, materials, equipment and supervision required for the construction described.

The estimated value of this project is between $5,000,000.00 and $10,000,000.00.

This acquisition is 100% set-aside for small businesses. The NAICS code for this solicitation is 237990, Other Heavy and Civil Engineering Construction. The Small Business Size Standard for this NAICS is $36.5M.

A site visit will be held December 14, 2017 at 11:00 am (Date and Time subject to change), at the project site near Delta Junction, Alaska. Bidders are asked to RSVP the Contracting Officer by 4:00pm Alaska time on December 13, 2017, if they will be attending the site visit.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-NRCS-ALASKA STATE OFFICE

800 WEST EVERGREEN

SUITE 100

PALMER AK 99645

NRCS-AK-120150

RYAN LORIMER

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12SPEC18B0007

Delta Clearwater Remediation Project Phase 2 Construction Contract.

Delivery: 09/01/2018 Delivery Location Code: NRCS-AK-120150

USDA-NRCS-ALASKA STATE OFFICE

800 WEST EVERGREEN

SUITE 100

PALMER AK 99645 US

FOB: Destination

Delta Clearwater Remediation Project Phase 2 Construction Contract, Delta Junction, Alaska in accordance with the attached specifications and drawings.

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

The COR will be designated at the time of award.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 12SPEC18B0004 USDA-NRCS Delta Clearwater Remediation Project, Phase 2, Delta Junction, Alaska

Table of Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE – Delta Clearwater Remediation Project B.2 52.211-18 Variation in Estimated Quantity. (Apr 1984)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK / SPECIFICATIONS (FEB 1988)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F.3 ACTUAL DAMAGES—CONSTRUCTION

F.4 52.211-13 Time Extensions. (Sep 2000) F.5 52.236-15 Schedules for Construction Contracts. (Apr 1984)

F.6 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NOV 2013)

F.7 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

F.8 WORK PERFORMANCE ON HOLIDAYS

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

G.3 DESIGNATED PAYMENT OFFICE CONTACT POINT

G.4 ELECTRONIC INVOICING and PAYMENT REQUIREMENTS - INVOICE PAYMENT PLATFORM (IPP)

G.5 OTHER INVOICING REQUIREMENTS UNDER PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

H.2 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

H.3 52.236-4 PHYSICAL DATA (APR 1984)

H.4 52.236-13 ACCIDENT PREVENTION (NOV 1991) - Alternate I (NOV 1991) H.5 NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS 1910 AND 1926 H.6 AGAR 452.228-71 Insurance Coverage. (Nov 1996)

H.7 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES (FEB 1988)

H.8 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

H.9 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.3 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-001) (OCT 2014)

I.4 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (MAY 2014)

I.5 52.228-1 BID GUARANTEE (SEP 1996)

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

I.7 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.8 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATION APPLICANTS (Deviation 2012-01) (FEB 2012) I.9 AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS- FIXED-PRICE CONSTRUCTION CONTRACTS (NOV 1996) 37

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2017)

K.2 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

K.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.5 52.209-7 Information Regarding Responsibility Matters. (Jul 2013) K.6 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016) K.7 52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016) K.8 AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (Deviation 2012-01) (FEB 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) L.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L. 5 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.7 52.236-27 SITE VISIT (CONSTRUCTION) Alternate I (FEB 1995)

L.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.9 AGAR 452.204-70 INQUIRIES (FEB 1988)

L.10 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

L.11 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

L.12 NRCS 4I-52.233-70 Protests to the Agency. (Mar 2016) L.13 Additional Bid Submission Instructions

SECTION M - EVALUATION FACTORS FOR AWARD

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE – DELTA CLEARWATER REMEDIATION PROJECT

PHASE 2

DELTA JUNCTION, ALASKA

Reminder to Contractor: All Unit Prices must be filled in on the Bid Form for a valid bid.

ITEM

No.

WORK OR MATERIAL SPEC NO. ESTIMATED

QUANTITY

UNIT UNIT PRICE EXTENDED PRICE

1 Mobilization and Demobilization CS-8 1 LS XXXXXXXXX $

2 Field Office CS-96 1 LS XXXXXXXXX $

3 Pollution Control CS-5 1 LS XXXXXXXXX $

4 Contractor Quality Control CS-94 1 LS XXXXXXXXX $

5 Surveys CS-7 1 LS XXXXXXXXX $

6 Traffic Control CS-9 1 LS XXXXXXXXX $

7 Water for Dust Abatement CS-10 1 LS $ $

8 Water Bars, Type II CS-23 4,577 LF $ $

9 Earthfill, On-site Source CS-23 307,826 Yd3 $ $

10 Earthfill, Borrowed CS-23 90,956 Yd3 $ $

11 Topsoiling CS-26 424,450 Yd2 $ $

12 Woody Debris CS-403 517,829 Yd2 $ $

13 Parking Area CS-402 5,463 Yd2 $ $

14 Rock Obstructions CS-408 104 EA $ $

15 Signs CS-405 2 EA $ $

16 Hand Riprap Excavation CS-21 991 LF $ $

17 Salvaging Riprap CS-21 1 LS XXXXXXXXX $

18 Sand Filter CS-61 1,074 Yd3 $ $

19 Geotextile CS-95 9,206 Yd2 $ $

20 Bedding CS-61 2,055 Yd3 $ $

21 Riprap, Salvaged CS-61 2,624 Yd3 $ $

22 Riprap, New CS-61 633 Yd3

23 Road Surfacing CS-401 432 Tons $ $

24 Seeding, Fertilizing, and Mulching CS-6 107 Acre $ $

25 Live Staking CS-406 56 Acre $ $

26 Shrub Plantings CS-407 56 Acre $ $

TOTAL BID: $

∗ QUANTITIES ARE MEASURED AS IN-PLACE, BANK CUBIC YARDS

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

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

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

(End of clause)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications in accordance with the Specifications shown in Section J and attached to this solicitation.

(End of clause)

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK / SPECIFICATIONS

(FEB 1988)

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

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 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):

FAR Clauses and Provisions can be found at:

http://www.acquisition.gov/far

(End of clause)

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

http://www.acquisition.gov/far

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(es):

FAR Clauses and Provisions can be found at:

http://www.acquisition.gov/far

AGAR Clauses and Provisions can be found at:

http://www.da.usda.gov/procurement/policy/agar.html

(End of clause)

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

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 ten (10) calendar days after the Contractor receives the notice to proceed (NTP),

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 150 Calendar Days after the contractor receives the NTP. The time stated for completion shall include final cleanup of the premises.

F.3 ACTUAL DAMAGES—CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay actual damages to the Government for each calendar day of delay until the work is completed or accepted. The Government will document and calculate actual damages. These expenses shall include but is not limited to the salary and travel costs associated with this project. It is estimated that the actual damages may exceed $1,750.00 per day.

http://www.da.usda.gov/procurement/policy/agar.html

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of actual damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of actual damages until the work is completed or accepted.

F.4 52.211-13 TIME EXTENSIONS. (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.6 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NOV 2013)

This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with FAR clause 52.249-10, Default (Fixed-Price Construction). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect those anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (7) DAY WORK WEEK

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

(X) (X) (X) (X) (5) (3) (2) (2) (8) (X) (X) (X)

Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. An actual adverse weather delay must prevent work on critical activities for fifty (50) percent or more of the Contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph

(b) above, the Contractor may submit a written request for a modification for extension of performance time due to unusually severe weather. The Contracting Officer will convert any qualifying delays into calendar days, giving full consideration for equivalent fair weather days, and issue a modification in accordance with FAR clause 52.249-10, Default (Fixed-Price Construction).

F.7 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval, the hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 12 hours per day, 7 days per week, Monday through Sunday.

F.8 WORK PERFORMANCE ON HOLIDAYS

The Contractor shall not perform work on the following holidays except in the case of emergency as permitted elsewhere in this contract:

Independence Day Labor Day Thanksgiving Day Christmas Day New Year's Day

The contract performance time has been established to allow for the non-working holidays stated above.

The Contractor may be permitted to work the following remaining designated Federal holidays provided that he/she submits a letter of request to the Contracting Officer at least five (5) days in advance of the holiday.

Columbus Day Veterans Day Washington's Birthday Martin Luther King, Jr.'s Birthday Memorial Day

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

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

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter. This letter specifies the extent of the COR’s authority to act on behalf of the CO.

The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other term or condition of the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. A COR does not have the authority to and may never –

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

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

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

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

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

G.3 DESIGNATED PAYMENT OFFICE CONTACT POINT

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

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

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

G.4 ELECTRONIC INVOICING and PAYMENT REQUIREMENTS - INVOICE PAYMENT

PLATFORM (IPP)

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

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

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. The written authorization from the Contracting Officer shall be maintained in the contract file.

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

Items identified in G.5 (below) (End of clause)

G.5 OTHER INVOICING REQUIREMENTS UNDER PROMPT PAYMENT FOR

CONSTRUCTION CONTRACTS

In addition to the information required in Clause 52.232-27 Prompt Payment for Construction Contracts, and Clause 52.232-5, Payments Under Fixed Price Construction Contracts, the contractor shall provide the following:

The original and one copy of each invoice are to be delivered to the Contracting Officer at the location shown in Block 24 of SF-1442.

One copy of each invoice is to be submitted simultaneously to the Contracting Officer’s Representative who will be identified prior to a work start.

The following must be attached to the original invoice submitted to the Contracting Officer and to the copy submitted to the Contracting Officer’s Representative:

A copy of payroll for each billing period shall be submitted to the COR.

https://www.ipp.gov/

A complete remittance address along with vendor identification number on the second line, if electronic funds transfer (EFT) is elected.

Billing period.

If requesting payment for materials delivered but not installed, contractor will provide evidence of title to the materials as required by FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts.

Itemization of payment requests by contract item number (CIN) as shown in Schedule B of the contract.

Invoice will include the quantity performed that is being invoiced, the unit price and the CIN total price, and a sum total of amount of payment requested. Invoice will also include the cumulative quantities and amount by CIN.

A listing of the amount included for work performed by each subcontractor under the contract.

A listing of the total amount of each subcontract under the contract.

A listing of the amounts previously paid to each such subcontractor under the contract

A signed certification as required by FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts.

A copy of the payrolls and statements of compliance not previously submitted to cover the billing period.

The FINAL invoice billing shall also contain the following RELEASE OF CLAIMS statement as required by FAR 52.232-5, Payments Under Fixed Price Construction Contracts:

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

(Date of Release) (Signature of Contractor)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-2 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):

FAR Clauses and Provisions can be found at:

http://www.acquisition.gov/far

AGAR Clauses and Provisions can be found at:

http://www.da.usda.gov/procurement/policy/agar.html

(End of clause)

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.204-14 Service Contract Reporting Requirements. (Jan 2014)

H.2 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

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

(End of clause)

H.3 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by USDA, Natural Resources Conservation Service

(b) Weather conditions

National Oceanic Atmospheric Administration (NOAA) Climatological Data

(c) Transportation facilities Federal, State and County roads, and the access roads shown on the drawings.

(End of clause)

H.4 52.236-13 ACCIDENT PREVENTION (NOV 1991) - Alternate I (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will -

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall -

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall -

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

(g) As provided for in (b)(3) above, the contractor shall also comply with the NRCS Supplement to OSHA Parts 1910 and 1926, which is made a part of this contract.

H.5 NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA

PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

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

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

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

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

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

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

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

Attn: Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402

GENERAL CONTRACTOR REQUIREMENTS

1.1 SAFETY PROGRAM.

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

1.2 PRECONSTRUCTION SAFETY MEETING.

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

1.3 JOINT SAFETY POLICY COMMITTEE.

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

1.4 SAFETY PERSONNEL.

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

1.5 SAFETY MEETINGS.

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

1.6 SAFETY INSPECTION.

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

1.7 FIRST AID TRAINING.

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

1.8 REPORTS.

Each contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries.

The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of an accident.

1.9 CERTIFICATION OF INSURANCE.

Contractors are to provide the contracting officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes.

FIRST AID AND MEDICAL FACILITIES

2.1 FIRST AID KITS.

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

2.2 EMERGENCY FIRST AID.

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

2.3 COMMUNICATION AND TRANSPORTATION.

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

2.4 FIRST AID AND MEDICAL REPORTS.

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

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

(b) Cumulative record of injury for each individual;

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

(d) Required records for worker's compensation.

2.5 SIGNS AND DIRECTIONAL MARKINGS.

Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

2.6 EMERGENCY LISTING.

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

PHYSICAL QUALIFICATION OF EMPLOYEES

3.1 GENERAL REQUIREMENTS.

Persons employed throughout the contract are to be physically qualified to perform their assigned duties.

Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others.

3.2 HOIST OPERATORS.

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

3.3 HEAVY EQUIPMENT OPERATORS.

It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others.

3.4 MOTOR VEHICLE OPERATORS.

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

PERSONAL PROTECTIVE EQUIPMENT

4.1 HARD-HAT AREAS.

The entire jobsite, with the exception of offices, shall be considered a hard-hat area. All persons entering the area are, without exception, required to wear hard-hats. The contractor shall provide hard-hats for visitors entering hard-hat areas.

4.1.1 LABELS.

Hard-hats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

4.2 POSTING.

Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hard-hat areas:

CONSTRUCTION AREA -- HARD-HAT REQUIRED BEYOND THIS POINT

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

4.3 SAFETY GOGGLES (DRILLERS)

4.3.1 DRILLERS AND HELPERS.

Drillers and helpers operating pneumatic rock drills must wear protective safety goggles.

MACHINERY AND MECHANIZED EQUIPMENT

5.1 SAFE CONDITION.

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

5.2 TAGGING AND LOCKING.

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

5.3 HAUL ROADS FOR EQUIPMENT

5.3.1 ROAD MAINTENANCE.

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

5.3.2 SINGLE LANE HAUL ROADS.

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

5.3.3 TWO-WAY HAUL ROADS.

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

5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS.

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

5.3.5 OPERATORS.

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

5.3.6 RIDING ON EQUIPMENT.

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

5.3.7 GETTING ON OR OFF EQUIPMENT.

Getting on or off equipment while the equipment is in motion is prohibited.

5.3.8 HOURS OF OPERATION.

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

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

5.4.1 PERFORMANCE TEST.

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

5.4.2 PERFORMANCE TEST—Power Cranes (Crawler mounted, truck mounted, and wheel mounted).

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

5.4.3 PERFORMANCE TEST--Derricks, Gantry Cranes, Tower Cranes, Cableways, and Hoists, including Overhead Cranes.

This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

5.4.4 BOOM ANGLE INDICATOR.

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

5.4.5 CRANE TEST CERTIFICATION.

The performance test required by 5.4.2 and 5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

5.4.6 POSTING FOR HIGH VOLTAGE LINES.

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

5.4.7 BOOM STOPS.

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

5.4.8 SAFETY HOOKS.

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

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES.

OSHA 1926, Subpart W, Overhead Protection, Sections 1000 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment.

5.5.2 EQUIPMENT REQUIRING ROPS.

The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and…