140S0324B0001_IFB_CMRWP_AML_OSMRE.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

OSMRE Lakewood, CO

DOI, Office of Surface Mining & Rec

Acquisition Management Branch Building 25

S30

Kipling St & W 6th Ave

Lakewood CO 80235 cboulware@osmre.gov

Cathy Boulware 3032362935

WA-24-003

x

08/30/2024

140S0324B0001

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

WA-24-003 AML EM Reclamation and Maintenance, Cougar Mountain Regional Wildland

Park, King County, WA - See attached Invitation for Bid (IFB) and Plans and

Specifications.

11. The Contractor shall begin performance within

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.)

1 74 calendar days and complete it within ________________ ________________ calendar days after receiving

09/19/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

Cathy Boulware

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140S0324B0001

Project Number:

WA-24-003 AML EM Reclamation and Maintenance, Cougar Mountain Regional Wildland Park, King

County, WA

Bonding Requirement: If your quote is between

$35k and $150k

Payment Bond and Performance Bonds:

If your construction costs are more than

$150,000.00, you are required to furnish in duplicate, within 14 days, Performance (Standard

Form 25) and Payment Bonds (Standard Form 25a) of

100 percent, with surety of sureties acceptable to the Government.

Contracts exceeding $150,000- (1) Performance bonds. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal-

(i) 100 percent of the original contract price;

and (ii) If the contract price increases, an additional amount equal to 100 percent of the increase.

(2) Payment bonds. (i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is impractical, the amount of the payment bond must equal-

(A) 100 percent of the original contract price;

and (B) If the contract price increases, an additional amount equal to 100 percent of the increase.

(ii) The amount of the payment bond must be no less than the amount of the performance bond.

These forms are available at https://www.gsa.gov/reference/forms. (also attachments 6 and 10)

NAICS 562910 is applicable.

Estimated price range is between

$500,000.00 and $2,000,000.00

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140S0324B0001

Davis Bacon Act applies.

Wage determination is attached (ATTACH 2) to award and can be found at http://www.wdol.gov/dba.aspx

A MANDATORY Pre-Bid Meeting has been scheduled for 08:00AM PT on Wednesday, September 11, 2024.

The pre-bid meeting location will be at the Sky

Country Trailhead at the CMRWP at 7700 166th Ave

SE, Bellevue, WA 98006

Bids must include construction schedule

(attachment 4), Bid Schedule (attachment 3), AML Contractor

Information Form (attachment 5) and qualifications statement (attachment 9).

Successful lowest bidder must have an ACTIVE

Registration in the System for Award

Management(SAM). Award will not be made to a contractor that has not satisfied these requirements.

TOTAL $

Bids determined to be materially unbalanced may be rejected. Unit prices are for payment purposes only. Extended prices shall prevail in the evaluation of bids.

SPECIAL NOTICE!

All Office of Surface Mining Reclamation and

Enforcement (OSMRE) Contractors and Sub-Contractors who receive 10% or more of the contract funding are required under 30 CFR

874.16 to obtain an Applicant/Violator System

(AVS) data evaluation to determine eligibility for award of contracts under the Abandoned Mine

Lands (AML) Program. The OSMRE's automated

Applicant/Violator System must confirm

Contractor eligibility. Completion of the AML

Contractor Information Form (OMB 1029-0119) is necessary to obtain an AVS data evaluation. All bidders shall complete the AML Contractor

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140S0324B0001

Information Form and submit it with your bid under this solicitation. Attach your AVS printout

(See Part C on the Form) if appropriate. The award of any contract under this solicitation cannot be made until the OSMRE AVS office has processed the form.

As stated above, all Sub-Contractors who receive or are expected to receive 10% or more of the total contract funding (including all modifications) are required to obtain the AVS data evaluation. The evaluation should be obtained prior to the Sub-Contractor performing work equal to or greater than 10% of the contract cost. If the proposed Sub-Contractor is determined not eligible under the AVS evaluation, they shall be replaced by another Sub-Contractor at no additional cost to the Government. All replacement Sub-Contractor shall be subject to the requirements of this notice.

Period of Performance: 10/01/2024 to 12/13/2024

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

IFB 140S0324B0001 - Project WA-24-003 Cougar Mountain Regional Wildland Park, King County, WA

SECTION B - SUPPLIES OR SERVICES/PRICES (CONTINUATION)

GENERAL

The United States Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), is issuing this Invitation for Bid (IFB) for Construction Services in accordance with the Federal Acquisition Regulation FAR part 36 and FAR 19.5. This is a 100% set aside for small business.

OSMRE is planning to award a single-award Construction services contract for the reclamation of hazardous abandoned coal mine sites. The North American Industry Classification System Code 562910 Remediation Services, with a small business size standard of $39.5 million dollars and Product Service Code Y1QA Construction of Restoration of Real Property (Public or Private), is applicable to the requirement.

SECTION C - DESCRIPTION/SPECIFICATIONS

BACKGROUND

The OSMRE Region 5, 7-11 requires a contractor to respond to five large subsidence features (S) that show signs of active movement and complete maintenance and repairs on one grate and eight monuments.

The AML features are located within the Cougar Mountain Regional Wildland Park (CMRWP), which is owned by King County and operated by King County Parks. The CMRWP is located east of the City of Newcastle, Washington, and south of Interstate 90. Refer to Figure 1: Vicinity Map.

PROJECT SPECIFIC INFORMATION

Attendance at the pre-bid meeting is mandatory for your bid to be considered. The pre-bid meeting is scheduled on September 11, 2024, at 8:00 AM local time and may go until 5:00 PM. The meeting will commence at the Sky Country Trailhead at the CMRWP at 7700 166th Ave SE, Bellevue, WA 98006.

In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop, the area secured, and the concerned tribe’s cultural staff and cultural committee and this office notified.

The pre-construction meeting is tentatively scheduled for the week of September 30, 2024.

A trail run is scheduled in the CMRWP on 27 October 2024. The contractor must remove all equipment and supplies from the trail system and secure these items by the end of the workday on Friday, October 25, 2024.

Ideally, the construction work will be accomplished between October 1 and November 22, 2024. The Period of Performance (POP) will be through December 13, 2024. An extension may be granted by the Contracting Officer, upon extenuating circumstances.

SITE AND FEATURE ACCESS INFORMATION

The Contractor shall access the site, as shown on the plans. Motorized vehicles and equipment over 5,000 pounds gross vehicle weight (GVW) are permitted to access Clay Pit Road and Red Town Trail. Motorized vehicles and equipment access on all other trails within the park shall be less than 5,000 pounds GVW. Vehicle and equipment type access is also dependent on the trail width. The Contractor shall verify construction access to each feature.

Approximate access routes to each feature to use for bidding purposes are shown in Attachment A in the Haley and Aldrich Plans and Specifications on Plans C-3 and C-4.

The Contractor shall not clear and build new access roads to any of the features. Access to each feature shall be done in such a way that minimal disturbance is made to the existing trail system and vegetation.

No tree removal or other clearing shall be accomplished without OSMRE’s prior approval. The limits of any tree removal and clearing at the site shall be discussed at the site prior to the start of construction. Any subsequent clearing shall be limited to only that necessary for construction and must be approved by OSMRE. King County Parks must approve removal of trees greater than 10-inch diameter at breast height (DBH).

AML FEATURE AND SAFETY INFORMATION

The project features are located within 20 to 150 feet of popular, maintained hiking trails and social trails (i.e., unmarked and unmaintained trails used by recreationists) within the CMRWP. The mine features and the construction site may be attractive to pedestrians and other recreationists that may see the work from the trail. The Contractor shall be solely responsible for protecting work areas, underground workings accessible through the work areas, equipment, and material storage and staging areas from trespass for the duration of the contract. The Contractor shall provide all safety measures necessary to complete the work.

The extent, depth, and stability of historic mine workings in the project vicinity are unknown. The area surrounding the feature may contain unstable mine workings that may be prone to sudden collapse, leading to surface subsidence or collapse that could pose a risk to construction equipment and personnel. The Contractor is responsible for all site safety and should choose construction equipment and methods accordingly. Refer to Attachment A, Haley and Aldrich Plans and Specifications, Section 01 35 29, Site Safety.

The Contractor’s job Superintendent, crew performing the work, and hired subcontractors shall be competent in working around abandoned mine workings, excavating soil, placing concrete, and other fill materials, installing fencing, scaling rock and debris, fall arrest/rope access if needed, and tree removal, as applicable to the work they are performing.

The Contractor’s equipment shall be capable of completing the required work, as specified and shown in Attachment A on the Haley and Aldrich Plans and Specifications.

SCOPE OF OBJECTIVES FOR STABILIZING FEATURES

The subsidence features vary in size, shape and depth. The edges of the subsidence are often soft, hummocky, prone to collapse, and heavily vegetated which may obscure the line of sight to the edge of the subsidence. The base of the subsidence features may be open to mine workings. Reclamation generally consists of five tasks.

1. Topsoil and site vegetation should be removed, segregated from subsoils and set aside on site for use in site revegetation upon final grading.

2. Temporary bulkheads may need to be fabricated on site to stabilize the feature for receiving the backfill pour of structural concrete and potentially some rebar reinforcement.

3. Sites will need to be graded to direct water away from the features and the trails and blend in with the surrounding topography.

4. Steel pipes will have cross bars welded to or drilled into the pipe at the base and be placed within the structural concrete at each subsidence feature to house the brass monument.

5. The feature reclamation area, the trails’ surfaces and other areas disturbed by construction will be regraded and revegetated.

The eight features requiring maintenance for their illegible monuments generally consist of four tasks.

1. Pre-fabricating the concentric steel pipes with the OSMRE-provided brass monument marker embedded in concrete in the smaller steel pipe and concrete-filled annular space (hereafter referenced as a prefabricated monument piece).

2. Cleaning the top of each existing monument pipe and inlayed steel plate with a wire brush to remove moss, rust, and flaking paint.

3. Welding a prefabricated monument piece to the top of each existing monument pipe.

4. The feature maintenance area, the trails’ surfaces and other areas disturbed by construction will be regraded and revegetated.

The grate maintenance and repair at Feature CC-118 generally consists of five tasks.

1.Taking appropriate safety precautions due the potential presence of explosive mine gases in this feature that is open to workings before, during, and after the work.

2.Cleaning the top of each existing rebar along the planned welding length with a wire brush to remove moss and rust. Welding new rebar segments to existing rebar using additional rebar pieces on each side of main replacement rebar piece at each connection (i.e., lap splice).

3.Welding intersections of new and existing rebar. 01 10 00-7 0202993-014 27 August 2024

4. Welding intersections of existing rebar where existing weld is cracked or broken, as directed by an

OSMRE COR.

5. Regrading the surface of trails and areas disturbed during construction and revegetating the feature reclamation area and other areas disturbed by construction.

Figure 1: Vicinity Map

QUALIFICATIONS, REQUIREMENTS AND SUBMITTAL INFORMATION

The Contractor shall submit personnel data, a list of equipment, and Contractor qualifications and experience on similar projects, as specified in Section 01 33 00 of the Haley and Aldrich Plans and Specifications in Attachment A.

The Contractor shall submit a construction schedule, as specified in Paragraph 3.2 of Attachment A. Refer to Table 01 10 00-1 for a typical construction schedule format.

The Contractor shall hold a pre-construction meeting with OSMRE, Haley & Aldrich, and King County Parks to discuss the Contractor’s schedule, submittals, and coordination during construction. The pre-construction meeting will occur on site to allow observation of the mine features, access to the project site, and a discussion of the work.

The Contractor’s designated Superintendent (who shall be on site and responsible for all work) shall be present at the pre-construction meeting, along with any person(s) who may be in charge of the Contractor’s work in the absence of the Superintendent. The Contractor staging area will be identified at the pre-construction meeting.

The Contractor shall submit a project schedule showing the start date and estimated duration of construction for major activities at each feature. The project schedule shall show all work that will be performed concurrently.

NOTE: There is a trail run scheduled in the CMRWP on 27 October 2024.

The Contractor shall remove all equipment and vehicles from the trails and restore any construction-related damage or disturbance to the trails prior to the race date, such that all trails within CMRWP are accessible to the public.

The Contractor’s schedule will be used by OSMRE to determine when the OSMRE Contracting Officer’s Representative (COR) and Haley & Aldrich Field Representative will be on site to observe and measure the work to verify compliance with the plans and specifications, and to document payment quantities. The Contractor shall be solely responsible for coordinating with OSMRE on any schedule changes. OSMRE shall not be liable for any extra cost when work is delayed because the OSMRE Field Representative is not on site if the Contractor has not given at least two working days’ notice of schedule changes.

The Contractor shall not be penalized if work is delayed because of weather, but no increase in cost shall be approved for such delays.

The Contractor shall use the construction schedule format presented in Table 01 10 00-1 and shall include at least the work items listed therein. Refer to Attachment A.

All site restoration work will be completed using vegetation removed from the site to the extent possible and practicable. Contractor shall generally restore all disturbed areas at the end of site construction to their pre-construction conditions.

The contractor shall complete all construction work in accordance with the Haley and Aldrich Plans and Specifications in Attachment A.

SECTION D – PACKAGING AND MARKING

NA

SECTION E - INSPECTION AND ACCEPTANCE

1452.236-80 Government Inspector LSM Day-to-day inspection activities will be performed by the Contracting Officer's Representative (COR) or OSMRE Field Representatives.

52.246-12 Inspection of Construction AUG 1996

All aspects of the contract work shall be subject to the approval of the Contracting Officer’s Representative. (COR.) Any variance from the site-specific plans shall be approved by the COR and where appliable by the City of Bellevue Engineering Department before the variance work can begin.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 1 calendar days after the date the Contractor receives the contract, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 74 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages – Construction (SEP 2000)

(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.

52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984

Referenced Section in Plans and Specs

Item

Minimum Required Submittal Information

01 10 00 Contractor’s Qualification Statement

Submit specified information to OSMRE with bid.

01 10 00 Personnel Data and Proposed Equipment

Submit names of workers for the project, including subcontractors, along with their qualifications and respective Davis-Bacon category and wage rate with bid. Submit a list of the type of equipment that will be used on this project with the bid.

01 10 00 Construction Schedule

Submit a daily schedule of work to be completed with the bid.

01 32 00 Contractor’s Daily Report Form

Submit a blank copy of daily report form three working days before pre-construction meeting. Submit copies of completed forms daily as work proceeds.

01 35 29 Health and Safety Plana and Name/ Qualifications of Competent Person

Submit a safety plan, that meets requirements of Washington Administrative Code (WAC)-296-800-14005, three working days before pre-construction meeting.

01 74 00 Seed Mix Submit proposed seed mix at pre-construction meeting.

Submit a copy of the seed bag label, showing constituents, three working days before delivery to site.

03 02 00 Concrete Reinforcing Steel

Submit certification of size and grade of steel three working days before delivery to site.

03 30 00 Concrete Placement Plan

Submit a concrete placement plan that includes mix proportions, type and quantity of any potential admixtures, and associated mix design number, mixing method, proposed consolidation equipment/plan, and proposed disposal location, pump and hose layout, and other pumping requirements three working days before pre-construction meeting.

05 01 51.51 Grate Welding Submit the following three working days before delivery to site: name and qualifications of Contractor’s certified welder who will perform the welding; and certification of the replacement rebar size and grade of steel.

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

PERIOD OF PERFORMANCE

It is anticipated that the period of performance for this requirement will be from 10/1/2024 to 12/13/2024.

POINT OF CONTACT

Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

Cathy Boulware U.S. Department of the Interior Office of Surface Mining Reclamation and Enforcement PO Box 25065 Denver, CO 80225 cboulware@osmre.gov

Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

To be determined at award.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment 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:

Please upload hard copy of 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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.

(End of Local Clause) mailto:cboulware@osmre.gov

INVOICE SUBMISSION

The vendor must submit an invoice for payment no later than 30 calendar days after the end of the month 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 14 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.

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

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. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by OSMRE personnel.

1452.228-70 Liability Insurance (JUL 1996)

(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.

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.

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 Reclamation and Enforcement (OSMRE) 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.

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.

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 OSMRE. 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.

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 OSMRE prior to the storage of any material on the private property, or the use of the property as a waste area or borrow site.

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

(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.

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.

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

(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.

SECTION I - CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.204-7 System for Award Management OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.211-13 Time Extensions SEP 2000 52.214-29 Order of Precedence - Sealed Bidding JAN 1986 52.219-6 Notice of Total Small Business Set-Aside (and Alternate I MAR 2020) NOV 2020 52.219-14 Limitations on Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Representation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination - Debarment MAY 2014 52.222-13 Compliance with Davis-Bacon and Related Act Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 0B52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Affirmative Action for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.223-2 Reporting of Biobased Products Under Service and Construction

Contracts

MAY 2024

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent. JUN 2020 52.227-4 Patent Indemnity--Construction Contracts. DEC 2007 52.228-1 Bid Guarantee. SEP 1996 52.228-2 Additional Bond Security. OCT 1997 52.228-11 Pledges of Assets. FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds. DEC 2022 52.228-13 Alternative Payment Protections. JUL 2000 52.228-14 Irrevocable Letter of Credit. NOV 2014 52.228-15 Performance and Payment Bonds – Construction. JUN 2020 https://www.acquisition.gov/far/

52.232-23 Assignment of Claims. MAY 2014 52.232-27 Prompt Payment For Construction Contracts. JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. OCT 2018 52.233-1 Disputes. MAY 2014 52.233-3 Protest after Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.236-2 Differing Site Conditions. APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work. APR 1984 52.236-5 Material and Workmanship. APR 1984 52.236-6 Superintendence by the Contractor. APR 1984 52.236-7 Permits and Responsibilities. NOV 1991 52.236-8 Other Contracts. APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

APR 1984

52.236-10 Operations and Storage Areas. APR 1984 52.236-11 Use and Possession Prior to Completion. APR 1984 52.236-12 Cleaning Up. APR 1984 52.236-13 Accident Prevention. NOV 1991 52.236-16 Quantity Surveys. APR 1984 52.236-26 Preconstruction Conference. FEB 1995 52.243-4 Changes JUNE 2007 52.243-5 Changes and Changed Conditions. APR 1984 52.246-21 Warranty of Construction. MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed Price) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1994

52.202-1 Definitions (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause) https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-31#FAR_Part_31 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-1#FAR_1_109

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

(Jan 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means…