Sol_140S0318B0005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040386375

OSMRE - HDQRTS Washington, DC

DOI, Office of Surface Mining & Rec

Acquisition Management Branch Main Interior Building

S40

1849 C Street, NW

Washington DC 20240

Charles Dougherty 3032360330 x

06/14/2018

140S0318B0005

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

Michigan Group #5 Mine Reclamation- Saginaw and Bay Counties, Michigan.

Drilling, Grouting and Foundation Removals. MI-18-001

Bonding Requirement:

20% Bid Guarantee must accompany bids exceeding $150,000.00 in accordance with FAR

Provision 52.228-1.

100% Payment and Performance Bonds are required.

This is a total small business set-aside.

NAICS 237990 is applicable. Size Standard: $36.5M.

Estimated price range is $500000 - $1000000.

Davis Bacon Act applies.

Wage determination(s) attached to IFB and can be found at http:/www.wdol.gov/dba.aspx

Pre-Bid Meeting will begin at 09:00 AM EST on Tuesday, June 26th 2018 at 1902

Newberry Street, Saginaw, Saginaw

County, Michigan on the corner of Newberry and Malzahn Streets. Parking is on the street. This will be the first of four sites to review; 3 in Saginaw and one near

Bay City.

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.)

14 90 calendar days and complete it within ________________ ________________ calendar days after receiving

07/16/2018

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

OSMRE Lakewood, CO DOI, Office of Surface Mining & Rec

Acquisition Management Branch Building 25

S30

Kipling St & W 6th Ave

Lakewood CO 80235

Richard Skinner

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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140S0318B0005

Delivery: 10/02/2018

Delivery Location Code: 0003820477

OSM, Appalachian Region

Three Parkway Center

Pittsburgh PA 15220 US

FOB: Destination

00010 Standard No. 1 Mob/Demob/Water/Anchors.

Period of Performance: 07/02/2018 to 10/02/2018

00020 Pere Maquette No 2-Mob/Demob/Water/Ancho

Period of Performance: 07/02/2018 to 10/02/2018

00030 Robert Gage No. 7-Mob/Demob/Water/Anchor

Period of Performance: 07/02/2018 to 10/02/2018

00040 Buena Vista-Mob/Demob/Water/Anchors

Period of Performance: 07/02/2018 to 10/02/2018

00050 Sonic Drilling 5700 LF

00060 Casing 3450 LF

00070 Grouting: Cement 165 TN

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140S0318B0005

00080 Grouting:Flyash 550 TN

00090 Grouting:Sand 450 TN

00100 Grouting:Course Aggregate 75 TN

00110 Grouting:Calcium Choride 3500 LB

00120 Backfill/Road Stone 250 TN

00130 Backfill Soil-Robert Gage No. 7 200 CY

00140 Robert Gage Foundation Removal

Period of Performance: 07/02/2018 to 10/02/2018

00150 Restoration -All Sites

Period of Performance: 07/02/2018 to 10/02/2018

00160 Water Disposal 5000 GL

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

Sponsored by GSA

FAR (48 CFR) 53.110

140S0318B0005

SECTION B - Supplies or Services/Prices …………………………………...……………………… Description of Project LSM 01AML SECTION C - Description/Specifications Layout of Work. (APR 1984) 52.236-17 Specifications and Drawings for Construction. (FEB 1997) 52.236-21 SECTION E - Inspection and Acceptance Inspection of Construction. (AUG 1996) 52.246-12 Government Inspector LSM 1452.236-80 SECTION F - Deliveries or Performance Commencement, Prosecution, and Completion of Work. (APR 1984) 52.211-10 Liquidated Damages - Construction. (SEP 2000) 52.211-12 Variation in Estimated Quantity. (APR 1984) 52.211-18 Suspension of Work. (APR 1984) 52.242-14 SECTION G - Contract Administration Data Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-5 Specifications and Drawings LSM 02AML Offset of Payments LSM 23AML Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) .9 DOI AUTHORITIES and DELEGATIONS DIAR 1452.201-70 (MAY 2010) SECTION H - Special Contract Requirements Physical Data. (APR 1984) 52.236-4 Liability Insurance (JUL 1996) 1452.228-70 Restrictions on Endorsement (Jul 1996) DIAR 1452.203-70 Public and Private Road Maintenance LSM 1452.236-81 Location and Protection of Utilities and other Improvements LSM 1452.236-82 Equipment Responsibility LSM 1452.236-83 Rights of Entry - Project Site Area LSM 1452.236-85 Storage Areas - Waste Areas - Borrow Areas LSM 1452.236-86 Detours, Traffic Control Plan, Traffic Barricades, Warning and Safety Protection Devices LSM 1452.236-88 Open Fire Burning LSM 1452.236-89 Safety, Regulations, Laws to be Observed LSM 1452.237-80 Equitable Adjustment for Deleted Work LSM 19AML

MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JANUARY 2015)…………………...16

SECTION I - Contract Clauses Definitions. (NOV 2013) 52.202-1 System for Award Management. (OCT 2016) 52.204-7 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-6 Order of Precedence - Sealed Bidding. (JAN 1986) 52.214-29 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-6 Limitations on Subcontracting. (JAN 2017) 52.219-14 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.219-28 Convict Labor. (JUN 2003) 52.222-3 Construction Wage Rate Requirements (May 2014) 52.222-6 Withholding of Funds. (MAY 2014) 52.222-7 Apprentices and Trainees. (JUL 2005) 52.222-9 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-10 Subcontracts (Labor Standards). (MAY 2014) 52.222-11 Contract Termination - Debarment. (MAY 2014) 52.222-12

Compliance with Davis-Bacon and Related Act Regulations. (MAY 2014) 52.222-13 Disputes Concerning Labor Standards. (FEB 1988) 52.222-14 Certification of Eligibility. (MAY 2014) 52.222-15 Prohibition of Segregated Facilities. (APR 2015) 52.222-21 Equal Opportunity. (SEP 2016) 52.222-26 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-27 Equal Opportunity for Veterans. (OCT 2015) 52.222-35 Affirmative Action for Workers with Disabilities. (JUL 2014) 52.222-36 Employment Reports on Veterans. (FEB 2016) 52.222-37 Combating Trafficking in Persons. (MAR 2015) 52.222-50 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-2 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.223-18 Buy American Act - Construction Materials. (MAY 2014) 52.225-9 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.225-13 Authorization and Consent. (DEC 2007) 52.227-1 Patent Indemnity--Construction Contracts. (DEC 2007) 52.227-4 Additional Bond Security. (OCT 1997) 52.228-2 Pledges of Assets. (JAN 2012) 52.228-11 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-12 Performance and Payment Bonds - Construction. (OCT 2010) 52.228-15 Assignment of Claims. (MAY 2014) 52.232-23 Prompt Payment For Construction Contracts. (JAN 2017) 52.232-27 Payment by Electronic Funds Transfer – System for Award Management. (JUL 2013) 52.232-33..25 Disputes. (MAY 2014) - Alternate I (DEC 1991) 52.233-1 Protest after Award. (AUG 1996) 52.233-3 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.233-4 Differing Site Conditions. (APR 1984) 52.236-2 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-3 Material and Workmanship. (APR 1984) 52.236-5 Superintendence by the Contractor. (APR 1984) 52.236-6 Permits and Responsibilities. (NOV 1991) 52.236-7 Other Contracts. (APR 1984) 52.236-8 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-9 Operations and Storage Areas. (APR 1984) 52.236-10 Use and Possession Prior to Completion. (APR 1984) 52.236-11 Cleaning Up. (APR 1984) 52.236-12 Accident Prevention. (NOV 1991) 52.236-13 Quantity Surveys. (APR 1984) - Alternate I (APR 1984) 52.236-16 Preconstruction Conference. (FEB 1995) 52.236-26 Changes and Changed Conditions. (APR 1984) 52.243-5 Warranty of Construction. (MAR 1994) 52.246-21 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-2 Default (Fixed-Price Construction). (APR 1984) 52.249-10 Clauses Incorporated by Reference. (FEB 1998) 52.252-2 Release of Claims (JUL 1996) 1452.204-70 DIAR 1452.233-2 Service of Protest -- Department of the Interior (JUL 1996)

(DEVIATION)……………………………………………………………………………………………27

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Jan 17) 52.203-18..……………………..…………………………………………………….………….27

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 52.203-19

(JAN 2017)………………………………………………………………………………………………..27

PAYROLLS AND BASIC RECORDS (DEVIATION AUG 2009) DOI 52.222-8

SECTION J - List of Documents, Exhibits and Other Attachments List of Attachments LSM 21AML SECTION K - Representations, Certifications, and Other Statements of Bidders………………….29 Annual Representations and Certifications. (JAN 2018) 52.204-8 Subcontracting Representation (PL 95-507) LSM 22AML SECTION L - Instructions, Conditions, and Notices to Bidders Amendments to Invitations for Bids. (DEC 2016) 52.214-3 Submission of Bids. (DEC 2016) 52.214-5 Explanation to Prospective Bidders. (APR 1984) 52.214-6 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999) 52.214-7 Preparation of Bids - Construction. (APR 1984) 52.214-18 Contract Award - Sealed Bidding - Construction. (AUG 1996) 52.214-19 Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two- Step Sealed Bidding. (NOV 1999) 52.214-23 Submission of Offers in the English Language. (APR 1991) 52.214-34 Submission of Offers in U.S. Currency. (APR 1991) 52.214-35 Type of Contract. (APR 1984) 52.216-1 Construction Wage Rate Requirements--Secondary Site of the Work. (MAY 2014) 52.222-5 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.222-23 Notice of Buy American Act Requirement - Construction Materials. (MAY 2014) - Alternate I

(MAY 2014) 52.225-10

Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) 52.236-27 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-1 52.252-5, Authorized Deviations in Provisions (Apr 1984)…...……………………………………….33 52.252-6, Authorized Deviations in Clauses (Apr 1984)……………………………………………….34

SECTION B - Supplies or Services/Prices

Description of Project LSM 01AML

Project Description: Drilling and casing vertical and angled core holes in the vicinity of and into abandoned shafts at four separate project sites in Michigan in order to locate them, determine the condition of them and their sidewalls, determine whether they are backfilled, and grouting the shafts to provide stability

See Section J, attachment 6, Statement of Work/Technical Specifications.

SECTION C - Description/Specifications

Layout of Work. (APR 1984) 52.236-17

Specifications and Drawings for Construction. (FEB 1997) 52.236-21

SECTION E - Inspection and Acceptance

Inspection of Construction. (AUG 1996) 52.246-12

Government Inspector LSM 1452.236-80

GOVERNMENT INSPECTOR

Day-to-day inspection activities will be performed by the Contracting Officer's Representative (COR) or OSM Field Representatives.

SECTION F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within 3 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 50 calendar days. The time stated for completion shall include final cleanup of the premises.

Liquidated Damages - Construction. (SEP 2000) 52.211-12

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Variation in Estimated Quantity. (APR 1984) 52.211-18

Suspension of Work. (APR 1984) 52.242-14

SECTION G - Contract Administration Data

Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-5

Specifications and Drawings LSM 02AML

The specifications and drawings and any modifications thereto attached to this contract are by this reference made a part of this contract.

Offset of Payments LSM 23AML

Payments to the prime contractor may be subject to an offset as a result of prior agreements entered into between the Government and i) the prime contractor, or ii) subcontractors, employees, agents, and/or consultants utilized by the prime contractor under this contract. The offset may be for an amount greater than the cost of work performed by the subcontractors, employees, agents, and/or consultants if the agreement with the Government so stipulates.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Included with the electronic IPP invoice shall be an attached itemized (printable) invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation.

Invoice Submission The vendor must submit an invoice for payment no later than 14 calendar days after the end of the month https://www.ipp.gov/ of performance of services for each month services are performed. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY. HARD COPIES OF INVOICES WILL NOT BE PROCESSED.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel Regulations and other Government mandates and directives.

Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.

INVOICE CONTENTS

For Fixed-Price Contract Line Item Numbers (CLINs) detailed pricing will be provided per deliverable.

Invoices will be submitted upon successful delivery and Government acceptance of each deliverable. The contractor shall develop a payment schedule based on deliverables which will be reviewed by both the COR and CO. If the payment schedule is acceptable to the Government, the contractor shall bill based on the deliverable schedule accepted by the Government. Resulting orders will indicate the payment schedule accepted by the Government.

The invoice will contain the following:

A) CLIN/Item number of deliverable B) Description of deliverable C) Price of deliverable D) Qty of deliverable E) Date deliverable was provided to the Government for inspection.

F) Serial number/part number if applicable G) Cumulative CLINs delivered and cumulative paid on delivered CLINS H) Travel costs (Not to Exceed) - must include the name of the traveler, travel itinerary, purpose of travel (event, exercise, workshop, etc), and any other documentation requested by the COR for Finance/Administration. A copy of the approved travel request form is to be attached for reference.

INVOICE PAYMENT

Payments under this Order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

All payments will be made via electronic funds transfer (EFT). The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

FINAL INVOICE

Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded Order:

a) The contractor shall submit a final invoice designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the SOW issued with each awarded Order.

c) The contractor shall provide a release of claims against the Government for any further payment under the awarded Order.

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.

DIAR 1452.201-70 Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

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

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

SECTION H - Special Contract Requirements

Physical Data. (APR 1984) 52.236-4

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 OSM personnel.

Liability Insurance (JUL 1996) 1452.228-70

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$500,000 each person

$1,000,000 each occurrence

$500,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

1452.203-70 Restrictions on Endorsements. Department of the Interior (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

Public and Private Road Maintenance LSM 1452.236-81

PUBLIC AND PRIVATE ROAD MAINTENANCE

The Contractor shall maintain the public roads, private driveways, bridges and culverts in a condition equivalent to the preconstruction condition. Damage caused by the Contractor's equipment or vehicles will be repaired by the Contractor, at the Contractor's expense, at once to allow ingress and egress without delay or damage to passenger cars or other vehicles.

Location and Protection of Utilities and other Improvements LSM 1452.236-82

LOCATION AND PROTECTION OF UTILITIES AND OTHER IMPROVEMENTS

(a) Prior to the initiation of work, the Contractor shall contact all utility companies and property owners in order to determine the exact location of utilities. All utilities in or near the construction area, both above and below ground, shall be located, protected, and if necessary, relocated by the Contractor prior to construction.

(b) Should damage to a utility occur, the Contractor shall immediately notify the affected utility company, the affected property owner and the COR.

(c) During grouting operations, the Contractor shall continuously monitor all structures and residences in and around the project area in order to avoid damage as a consequence of the work. In the event such damage does occur, the Contractor shall terminate operations immediately and notify the affected owner and the COR. The Contractor shall repair at the Contractor's expense any damage to those structures and residences, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

(d) Prior to project initiation, the Contractor shall water test all sewer lines that may be affected by project activities. The test shall consist of running a water-dye mixture through the sewer line for purposes of determining whether the line is in an open condition. The testing shall be performed in the presence of the Contractor, the Office of Surface Mining (OSM) Representative, and the utility owner. The results shall be recorded and provided to each participant prior to the Contractor beginning any work on the site.

There will be no separate compensation for the performance of sewer testing. Should the tests indicate that an obstruction or other deficiency exists within a tested sewer line, the Contractor shall take appropriate actions to ensure that its activities do not damage or affect the line. Work may be suspended by the Contracting Officer, in part or completely, in order to permit the owner of the affected sewer line to make repairs.

Equipment Responsibility LSM 1452.236-83

EQUIPMENT RESPONSIBILITY

(a) All equipment shall be in satisfactory operating condition, capable of safely and efficiently performing the work required, and of a size commensurate with the work to be performed. Qualified operating personnel shall be provided by the Contractor for the operation of this equipment.

(b) The Contractor shall furnish and install all fuel, grease, cables, repair parts, tools, methane monitors, welders, and all other miscellaneous supplies and parts necessary for efficient and safe operation. Repairs and replacements shall be made by the Contractor at the Contractor's own expense, within 48 hours from the time of breakdown.

(c) The Contracting Officer or the COR may at any time inspect the Contractor's equipment on the job site. If said equipment is deemed inadequate or any part thereof improper, the Contractor shall replace or make repairs in a manner consistent with paragraph (b) above.

Rights of Entry - Project Site Area LSM 1452.236-85

RIGHTS OF ENTRY - PROJECT SITE AREA

Rights of entry from the landowners within the project site area are the responsibility of OSM. Any property to be affected or utilized by the Contractor within the project site shall not be entered upon prior to coordinating with the COR.

Storage Areas - Waste Areas - Borrow Areas LSM 1452.236-86

STORAGE AREAS - WASTE AREAS - BORROW AREAS

(a) The Contractor shall make arrangements for the handling, storage and protection of all materials and equipment to be used in this work area. Prior to the storage of any material on private property outside the project site area, the Contractor shall enter into a written agreement with the property owner granting permission for such storage. The agreement between the Contractor and the private property owner shall provide for the restoration of that property used for storage purposes in a manner consistent with the technical specifications of this contract.

(b)The Contractor shall make arrangements for the use of waste areas required for the disposal of unsuitable and/or surplus material. Prior to the use of any private property outside of the project site as a waste area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration consistent with the technical specifications of the contract.

(c) The Contractor shall make arrangements for the use of off-site borrow areas. Prior to the use of any private property as an off-site borrow area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration of the property in a manner consistent with the technical specifications of this contract.

(d) A copy of each agreement between the Contractor and a private property owner shall be provided to the COR. Each agreement must be approved by OSM prior to the storage of any material on the private property, or the use of the property as a waste area or borrow site.

Detours, Traffic Control Plan, Traffic Barricades, Warning and Safety Protection Devices LSM 1452.236-88

DETOURS. TRAFFIC CONTROL PLAN, TRAFFIC BARRICADES,

WARNING AND SAFETY PROTECTION DEVISES

(a) The Contractor shall adequately protect work under construction, as well as protect the public from accident and unnecessary inconvenience, with barricades, warning, and safety devices.

(b) Any barricades detour, and directional signs required for implementing the establishment of a detour and/or equipment entrance points, shall be furnished, erected and maintained by the Contractor. No separate compensation shall be allowed for permits, bonding of roads, traffic barricades, warning and safety protection devices, as it shall be considered part of the Contract bid lump sum price for mobilization and demobilization. Damaged, lost and/or stolen warning and safety protection devices shall be replaced with same by the Contractor within 12 hours with no additional compensation allowed for replacement of repair of such devices.

(c) The Contractor shall contact the State or local authority responsible for roads and highways regarding the requirements for the maintenance of traffic along any affected roadways for the duration of the contract.

Open Fire Burning LSM 1452.236-89

OPEN FIRE BURNING

Disposal of cleared and grubbed materials by burning will be permitted only insofar as the procedure complies with the provisions of all appropriate Local, County, State, and Federal Anti-Pollution measures adopted for this area. Such burning of materials shall be permitted only in areas designated by the COR.

Safety, Regulations, Laws to be Observed LSM 1452.237-80

SAFETY, REGULATIONS, LAWS TO BE OBSERVED (NOV 2007)

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractor’s sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractor’s operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

Equitable Adjustment for Deleted Work LSM 19AML

(a) If during the performance of this contract, a line item is deleted in its entirety, the contract will be subject to a downward equitable adjustment based upon what it would have cost the Contractor (including applicable overhead and profit) to perform the work if it had not been deleted from the contract.

(b) The bid price shall not automatically be considered the equitable adjusted price, but rather both parties shall reach a mutual agreement as to what the cost of the work (including applicable overhead and profit) would have been.

(c) If mutual agreement cannot be reached on the equitable adjustment, the Contracting Officer shall issue a final decision subject to the Disputes Clause.

MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JANUARY 2015)

(a) Definitions. As used in this clause—

“United States” means the 50 states and the District of Columbia.

“Worker”—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

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(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O.

minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs.

Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period.

Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a http://www.wdol.gov/ https://www.federalregister.gov/select-citation/2014/12/15/29-CFR-10.23 https://www.federalregister.gov/select-citation/2014/12/15/29-CFR-10.24 month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition—

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to—

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to—

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C.

213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite.

Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

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(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29…