6982AF20Q000018 KS FLAP MRS 10(1) Lake Road Safety Project RFQ.pdf

REQUEST FOR QUOTE

SOLICITATION NUMBER: 6982AF20Q000018

SOLICITATION TYPE: REQUEST FOR QUOTE

PROJECT NUMBER: KS FLAP MRS 10(1)

PROJECT NAME: Lake Road Safety Project

QUOTE DATE:

See Page A-1, Item 13A

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

Web site: https://highways.dot.gov/federal-lands E-mail: CFLContracts@dot.gov

PROJECT KS FLAP MRS 10(1)

LOCATION LAKE ROAD SAFETY PROJECT

COUNTY MORRIS COUNTY

STATE KANSAS

TYPE OF IMPROVEMENT GUARDRAIL INSTALLATION

TABLE OF CONTENTS

Notice to Quoters ............................................................................................................. A-i

Solicitation, Offer, and Award ........................................................................................ A-1

Basis for Award and Bid Schedule ................................................................................ A-4

Bid Schedule & Statement of Work ............................................................................... A-7

Solicitation Provisions .....................................................................................................B-5

Contract Clauses ..............................................................................................................C-1

Construction Wage Rate Requirement............................................................................ D-1

APPENDICES

Appendix A .......................................................................................................Staging Area

NOTICE TO BIDDERS

A-i

ELECTRONIC QUOTES WILL BE ACCEPTED. Please submit the following with your quote: Submit the following documents with your Quote Package–

SF-1442, Solicitation, Offer & Award, Pages A-1 and A-2

Bid Schedule including Buy American Act & Hazardous Materials, Pages A-4 through A-7

Completed the VETS-4212 declaration, Page A-ii; Bidders’ Information, Pages B-3 through B-6.

Annual Representations and Certifications (FAR Provision 52.204-8) and Certification Regarding Responsibility Matters (FAR Provision 52.209-5).

Quoters should retain all other pages for their information.

I. PRE-QUOTE INFORMATION

It is the responsibility of the quoter to verify that this solicitation document, including the plans, are complete as listed in the table of contents and the index to sheets. Plan sheets can be found at https://www.beta.SAM.gov https://beta.sam.gov/and viewed by individual sections, downloaded by individual sections, or the entire plan set downloaded in a zip file. Physical data relevant to this solicitation may also be viewed or downloaded at the above site.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulations (FAR) and agency supplemental regulations.

Applicable FAR provisions and clauses in this RFQ are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at https://www.acquisition.gov/browse/index/far.

Notice of SAM Registration – you must register in the System for Award Management (SAM – replaced CCR) prior to award of a contract resulting from this solicitation. Failure to register prior to contract award may require award to the next successful registered offeror. See FAR Subpart 4.1103(c). Register online at www.sam.gov.

Representations and Certifications – This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $39.5 million. If your average annual gross receipts for the past 3 years are above $39.5 million, you are a large business for this solicitation. If they are below $39.5 million you are a small business. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certifications. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. Please include NAICS 237310 in SAM. Please include NAICS 237310 in your SAM. Before submitting quotes, please ensure you have completed your annual representations and certifications electronically at the SAM website at www.sam.gov.

Sheri.Walsh Inserted Text should be https:

jorey.deml Sticky Note Completed set by jorey.deml jorey.deml Sticky Note Completed set by jorey.deml

NOTICE TO BIDDERS

A-ii

Vets-4212 Reporting: - The Contractor must complete the report if required. See reporting requirements at: www.dol.gov/vets/programs/fcp/main.htm.

My firm had a qualifying Federal Contract in 2018 and has complied with the reporting requirements.

My firm did not have a qualifying Federal Contract in 2018 and is therefore exempt from the reporting requirements

ATTENTION: Minority, Women-owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation (DOT), offers working capital financing and bonding assistance for transportation related contracts. DOT's Bonding Assistance Program (BAP) offers quote, performance and payment bonds on contracts up to $1,000,000. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $500,000 with interest at the prime rate. For further information, call (800) 532-1169. Internet address: https://osdbuweb.dot.gov.

Accuracy and Completeness of Quote- The Contractor is fully responsible to verify that all data is correct when an offer is submitted. Failure to properly update your data may cause the offer to be rejected.

Request for Technical Information – Questions relative to the plans and SCRs for this solicitation will only be accepted in writing (see Item 9 on Page A-3).

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON JULY 10, 2020

Questions can be submitted to CFLContracts@dot.gov. Questions and answers will be posted at https://www.beta.sam.gov

Modifications to Quotes - Quotes may be modified or withdrawn by regular mail, electronic commerce (email) or facsimile, if such notice is received prior to the time specified for receipt of quotes. The Government will not be responsible for ANY failure attributable to the transmission or receipt of electronic commerce (email) or facsimile data.

For all modifications, we STRONGLY ENCOURAGE you to resubmit the entire quote schedule with a unit price and amount for every quote item, and a Schedule Total.

Modifications which make the quote ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the quote to be rejected as nonresponsive.

FAX Number to submit modifications to quotes for this project is (720) 963-3360

Email Address to submit modifications to quotes for this project is cflcontracts@dot.gov

II. POST AWARD INFORMATION

Insurance requirements - See Statement of Work.

Sheri.Walsh Inserted Text Link doesn't work jorey.deml Sticky Note Completed set by jorey.deml https://www.dol.gov/agencies/vets/programs/vets4212 https://www.transportation.gov/content/office-small-and-disadvantaged-business-utilization

A-1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

6982AF20Q000018

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/30/2020

PAGE OF

PAGES

IMPORTANT - THE "OFFER SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

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

HFLCEO200244PR

6. PROJECT NO.

KS FLAP MRS 10(1)

7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CODE: 69050001 8. ADDRESS OFFER TO:

Jorey Deml, Contract Specialist Federal Highway Administration Central Federal Lands Division Office 12300 W. Dakota Avenue Lakewood, CO 80228

9. FOR INFORMATION CALL

SEE PAGE A-3

A. NAME:

SEE PAGE A-3

B. TELEPHONE NO. (Include area code)

SEE PAGE A-3

SOLICITATION

NOTE: In sealed quote solicitations "offer" and "offeror" mean "quote" and "quoteder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

ROADWAY CONSTRUCTION PROJECT IN STRICT ACCORDANCE WITH:

1. FEDERAL ACQUISITION AND TRANSPORATION ACQUISITION REGULATIONS (FAR & TAR)

2. DEPARTMENT OF LABOR, CONSTRUCTION WAGE RATE REQUIREMENT RATES

3. STATEMENT OF WORK

4. PLANS

5. BID SCHEDULE

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. The performance period is mandatory negotiable.

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

(If "YES," indicate within how many calendar days after award in Item 12B.) YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8. by 2:00 p.m. (hour) local time on 07/16/20 (date). If this is a sealed quote 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.

B. An offer guarantee is is not required.

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.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53-236-1(e)

X

X

X

X

X

A-2

GPO: 1985 0 - 469-796 STANDARD FORM 1442 PAGE 2 (REV. 4-85)

OFFEROR (Must be fully completed by offeror)

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)

DUNS NO.

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 with 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.)

AMOUNTS SEE INDIVIDUAL QUOTE SCHEDULE(S)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(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 BLOCK 27

(4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

□ 15 U.S.C. 637( ) □ 41 U.S.C. 253(c)( )

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

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31C. AWARD

DATE

A-3

Item 9: FOR GENERAL INFORMATION: E-mail us at CFLContracts@dot.gov.

FOR TECHNICAL INFORMATION (plans and specifications): Questions must be submitted in writing by e-mail at CFLContracts@dot.gov .

Item 10: COMPLETION DATE: Work shall be completed on or before the date specified in

Statement of Work.

Item 12: ACKNOWLEDGMENT OF AMENDMENTS: FAILURE TO ACKNOWLEDGE

AMENDMENTS, IN ITEM 19 OF THE SF-1442, BY THE DESIGNATED DATE AND

HOUR SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR

QUOTE. If amendments are issued, they will be posted to www.fbo.gov.

Item 13: SUBMITTING INVOICES: See Statement of Work.

ESTIMATED

PRICE: The price range of the project work is less than $250,000.00.

A-4

Bid Schedule Instructions

QUOTERS, PLEASE NOTE: This Quote is comprised of one schedule. Before preparing the quote, carefully read the Solicitation Provisions and the following:

• Insert a numeric unit quote price for each pay item for which a quantity appears in the quote schedule. Unit quote prices should be quoted no more precisely than the nearest cent (2 decimal places). Unit quote prices quoted more precisely will be rounded up to the nearest cent by the Government

• Multiply the unit price by the quantity for each pay item and show the amount quote. When the words “Lump Sum” appear as a unit quote price, insert an amount for each lump sum pay item.

• Total all amounts quote for each pay item and show the Construction Cost Total on the space provided on the last page of each schedule or option.

• Also show the Construction Cost Total for the schedule as well as the combined Total of the Schedule in the spaces provided on the Quote Summary page.

NOTE: If the amount quoted for a pay item is inconsistent with the product of the unit price provided by the quote and the quantity provided by the Government, the unit price will govern and the Government will determine a corrected amount quoted for the pay item by multiplying the unit price by the quantity.

Basis for Award To be eligible for award of contract, the offeror shall submit prices for each item necessary to complete all contract work in the Schedule.

Accordingly, award of contract, if made, will be made to the lowest responsive, responsible quote, if funds are available.

A-5

BUY AMERICAN ACT- CONSTRUCTION MATERIALS

It is understood and agreed that the materials and components listed in Subparts 25.1 and 25.2 of the FAR are a part of this contract and are deemed to be Domestic Construction Material for the purposes of this contract.

NOTE TO CONTRACTOR:

The following information and any applicable supporting data is required for evaluation of requests under FAR Clause 52.225-9 Paragraph (c) & (d) and FAR Provision 52.225-10 Paragraph (b).

Material and/or Component

Construction Material Description Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

Material and/or Component

Construction Material Description Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] [Please include name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include all applicable supporting information.]

A-6

HAZARDOUS MATERIALS

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data - Alternate I, the apparent low quoter must submit prior to award a Material Safety Data Sheet (MSDS) for all hazardous materials that the quoter identifies in paragraph (b) of the FAR clause and defined under the latest version of Federal Standard No. 313.

Hazardous Material Identification Number

USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY PROJECTS

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the Environmental Protection Agency’s Comprehensive Guidelines for Procurement of Products Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract. Both the contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit quotes for these materials.

Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American Coal Ash Association and the National Slag Association.

KS FLAP MRS 10(1)

Lake Road Safety Project

This project will consist of the removal and replacement of the existing guardrail at two sites along Lake Road in Morris County, KS.

STATEMENT OF WORK

Bid Schedule:

Item Unit Quantity Unit Price Item Cost Item 1: Mobilization LPSM All All Item 2: Structure transition railing LNFT 150 All Item 3: Reinforced concrete endblock LNFT 30 All Item 4: W-beam guardrail LNFT 625 All Item 5: Guardrail terminal EACH 8 All Item 6: Object markers EACH 4 All Item 7: Temporary traffic control LPSM All All

Total Cost:

Item 1 – Mobilization Lump Sum This work consists of moving personnel, equipment, material, and incidentals to the project and performing all necessary work to mobilize and demobilize to and from the site to perform all work included in this contract. Mobilization includes the obtaining of permits, insurance, and bonds. Also included is any testing and survey required to complete the work.

Item 2 – Structure Transition Railing LNFT This item includes the work and materials required to construct the transition railing at all four corners of the Canning Creek Bridge including all steel rail elements, steel posts, timber or composite blockouts, and all connection hardware as detailed in the plans.

Item 3 – Reinforced Concrete Endblock LNFT This item includes the work and materials required to form, reinforce, pour and cure the new reinforced concrete endblocks at all four corners of the Canning Creek Bridge. Included in this item is installation of expansion joint material and epoxy resin system for anchorage of reinforcing bars into existing concrete wingwall. This item also includes the removal and disposal of existing steel bridge railing and concrete curb at the four wingwalls of the Canning Creek Bridge as shown in the plans.

Item 4 – W-Beam Guardrail LNFT This item includes removal and salvaging of the existing w-beam guardrail. This item includes the work and materials needed to install steel post w-beam (MGS) guardrail at Sites 1 and 2.

Item 5 – Guardrail Terminal EA This item includes the work and materials necessary to install guardrail terminals according to the manufacturer’s recommendations. Included in this item is additional embankment necessary to install

A-7 the terminals according to the manufacturer’s recommendations.

Item 6 – Object markers EA This item includes the removal and salvage of existing type 3 object markers and installation of new signage as noted in the plans. Also included is furnishing signs, posts, and mounting hardware.

Item 7 – Temporary Traffic Control Lump Sum This item includes setup, operation, maintenance, and removal of temporary traffic control for the duration of the project. Traffic control devices include temporary construction signs, barricades and cones, to allow closure of the parking lot during construction.

Plans:

The plans are comprised of the following sheets:

Title Sheet Project Symbols and Abbreviations (2 sheets) Miscellaneous Summaries Plan Sheet (2 Sheets) Canning Creek Bridge Transition Railing (4 sheets) MGS Guardrail Details (2 sheets) Temporary Traffic Control Details (2 sheets)

A-8

STATEMENT OF WORK

Definitions. The following definitions apply to this contract:

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

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

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

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

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work.

Contract Time — The specified time allowed for completion of contract work.

Day — A calendar day beginning and ending at midnight.

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

Government — The Government of the United States of America.

Lift — Defined as follows:

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

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

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

Measurement — The process of identifying the dimensions, quantity, or capacity of a pay item.

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

Pavement Structure — The combination of subbase, base, paving geotextiles, and surface courses placed on a subgrade to support and distribute the traffic load to the roadbed.

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

A-9

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

Specifications — The written requirements for performing work.

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

Subcontractor – An individual or legal entity with which the Contractor sublets part of the work. This includes subcontractors and material suppliers at any tier.

Work — The furnishing of labor, material, equipment, and other incidentals necessary to complete the project according to the contract.

Measurement. Measure items according to the following:

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

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

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

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

Linear foot. As applicable, measure the work along its length from end-to-end; parallel to the base or foundation; along the top; along the front face; or along the invert. Do not measure overlaps.

Lump sum. Do not measure directly. The bid amount is complete payment for all work described in the contract and necessary to complete the work for that item. The quantity is designated as "All." Estimated quantities of lump sum work shown in the contract are approximate.

Square foot and Square yard. 1 square yard equals 9 square feet. Measurements for area computations will be made horizontally or vertically to the surface being measured. No deductions from the area computation will be made for individual fixtures having area of 9 square feet or less.

Payment. The accepted quantity, measured as provided above, will be paid at the contract price per unit of measurement for the pay item shown in the bid schedule. Payment will be full compensation for the work prescribed in this Section. Final payment will be based on actual quantities constructed.

Scope of Payment. Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the bid schedule.

(a) Direct payment. Payment is provided directly under a pay item shown in the bid schedule when one of the following applies:

(1) The work is measured in the Measurement Subsection of the Section ordering the work, and the bid schedule contains a pay item for the work from the Section ordering the work.

A-10

(2) The Measurement Subsection, of the Section ordering the work, references another Section for measuring the work and the bid schedule contains a pay item for the work from the referenced Section.

(b) Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the Contractor. Payment for such work is indirectly included under other pay items shown in the bid schedule. This includes instances when the Section ordering the work references another Section for performing the work and the work is not referenced in the Measurement Subsection of the Section ordering the work.

Compensation provided by the pay items included in the contract bid schedule is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the contract pay items.

Work measured and paid for under one pay item will not be paid for under any other pay item. The quantities shown in the bid schedule are approximate unless designated as a contract quantity.

Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not described, except as considered essential for the successful completion of the work. Furnish labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Disputes. Follow the requirements of FAR Clause 52.233-1 Disputes (Alternate I).

When requesting a CO's decision on an interpretation of contract terms for the recovery of increased costs;

quantify the amount and certify the amount if required by FAR Clause 52.233-1 Disputes (Alternate I).

Include an explanation of the interpretation of contract terms, the contract clause under which the claim is made, supporting documentation, and adequate cost data to support the amount claimed.

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

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

Authority of the Contracting Officer (CO). The CO may delegate authority to representatives to decide on acceptability of work, progress of work, suspension of work, interpretation of the contract, and acceptable fulfillment of the contract. The term "CO" includes authorized representatives of the CO, including inspectors, acting within the limits of their authority as delegated by the CO.

Authority of Inspectors. Inspectors are authorized to inspect work including the preparation, fabrication, or manufacture of material for the project. The inspector is not authorized to alter or waive contract requirements, issue instruction contrary to the contract, act as foreman for the Contractor, or direct the Contractor's operations. The inspector has authority to identify non-conforming work until the

A-11 issue can be referred to and decided by the CO. The inspector may take necessary action to prevent imminent and substantial risk of death or injury including stopping work.

Specifications and Drawings. Follow the requirements of FAR Clause 52.236-21 Specifications and Drawings for Construction.

Review and submit documents required to construct the work for accuracy, completeness, and compliance with the contract for approval by the CO. Documents submitted without evidence of Contractor approval may be returned for resubmission. Time for approval starts over when documents are returned for revision or if additional information is requested by the CO. Do not perform work related to submitted documents or drawings before approval of the CO. Obtain written approval before changing or deviating from the approved drawings.

Documents other than drawings include descriptive literature, illustrations, schedules, performance and test data, and similar material submitted by the Contractor to certify or explain, in detail, specific portions of the work required by the contract. Unless otherwise indicated in the contract, submit 3 paper copies and an electronic copy for review. Allow 14 days for approval by the CO unless otherwise specified.

Coordination of Contract Documents. The FAR, TAR, statement of work, and plans are contract documents. A requirement in one document is binding as though occurring in all the contract documents.

The contract documents are intended to be complementary and to describe and provide for a complete contract. In case of discrepancy, calculated and shown dimensions govern over scaled dimensions. The contract documents govern in the following order:

(a) Federal Acquisition Regulations;

(b) Transportation Acquisition Regulations;

(c) Statement of work; and

(d) Plans.

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

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

Material may be approved at the source of supply before delivery to the project. Approval of a material source does not constitute acceptance of material submitted from the source. If an approved source fails to supply acceptable material during the life of the project, further use of that source may be denied.

Submit samples of material for source quality verification testing.

Contractor-located material sources. The Contractor is responsible for Contractor-located material sources, including established commercial material sources. Use sources that fulfill the contract quantity and quality requirements. Determine the quantity, type of equipment, and work necessary to select and produce an acceptable material. Secure permits and clearances for use of the source and submit copies of the documents to the CO. Follow the environmental requirements of this contract. Submit available historical data indicating acceptable material can be produced from the source. Perform quality control sampling and

A-12 testing according to the contract requirements, aggregate source quality tests, and applicable Sampling, Testing, and Acceptance Requirements table included at the end of each Section. Allow the CO the opportunity to witness sampling and splitting of the test material.

Handling and Storing Material. Handle and store material to preserve its quality and fitness for the work.

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

Use only approved portions of the right-of-way for storing material or equipment. Provide additional space as needed. Do not use private property for storage without written permission of the owner or lessee. Submit copies of agreements and documents.

Provide security for stored material.

Restore parking area to original condition.

See Appendix A for locations of potential staging areas.

Conformity with Contract Requirements. Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard documents and test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the documents and methods in effect on the date of the Invitation for Bids (IFB) or Request for Proposal (RFP).

Use the FLH, Field Materials Manual (FMM), Appendix B: FLH Test Methods in effect on the date of the RFQ. Electronic copies of the FLH Test Methods and FHWA forms can be downloaded from:

https://highways.dot.gov/federal-lands/materials/field-materials-manual

Specification limits, tolerances, test results, and related calculations are according to ASTM E29, Absolute Method.

Perform work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown in the contract.

Incorporate manufactured material into the work according to the manufacturer’s recommendations or to these specifications, whichever is stricter.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, and pipe conduits that are identified by gauge, density, or section dimensions) the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

The Government may inspect, sample, or test work before final acceptance of the project. If the

Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site

If Government testing is performed on work, the result will be used for acceptance purposes under the Certification Subsection.

Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in the Conformity with Contract Requirements Section above. The primary method of acceptance is specified in each Section of work, but work may be rejected if it is found not to comply with the contract.

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

Contractor Quality Control Qualifications. Submit the following for approval with the Quality Control Plan:

(a) Quality control manager (QCM). Provide a QCM according to (1) below.

(1) Part-time, on-site QCM. Furnish a QCM who has at least 2 years’ experience in highway construction, inspection, quality control, and material testing.

(b) Inspectors. Provide inspectors with at least 2 years’ experience inspecting projects of similar complexity and with training related to the work to be inspected.

(c) Testers. Provide testers with at least one year experience in the type of sampling and testing required, and with one of the following for the type of sampling and testing performed:

(1) NICET Level II certification in highway material or equivalent state or industry certification;

(2) Certification by a regional certification program (such as Western Alliance for Quality Transportation Construction (WAQTC), Northeast Transportation Technician Certification Program (NETTCP), Southeast Task Force for Technician Training and Qualification (STFTTQ), or Multi Regional Training and Certification (M-TRAC)); or

(3) At least one year employment by an AASHTO accredited laboratory performing equivalent sampling and testing.

Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

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

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Disputing Government test results. If the accuracy of Government test results is disputed, promptly

A-14 inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method

(2) Number of samples

(3) Sample transport

(4) Test procedures

(5) Testing laboratories

(6) Reporting

(7) Estimated time and costs

(8) Validation process

The number of significant figures used in the calculations will be according to ASTM E 29, absolute method.

Where sample/testing procedures make reference to AASHTO, ASTM, or other standards (designated as FLH T), the procedure as modified in the Materials Manual shall govern. Where the specifications make reference to AASHTO Test T11, “Procedure B - Washing Using a Wetting Agent” shall be the procedure followed.

Where the specifications make reference to AASHTO Test T310, “Direct Transmission Method of In- Place Nuclear Density and Moisture Content” shall be the procedure followed.

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

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

Other than references in or to the FAR or Federal Law, when this statement of work references certifications, certificates or certified documents, equipment or individuals; these references refer to documentation of non-regulatory, peripheral contract requirements that are required to be validated by an individual or organization having unique knowledge or qualifications to perform such validation.

See Table 1 for schedule for full or partial acceptance by material certification. Submit certification and sample of material for testing as required.

Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information:

Project number and name;

Pay item number and description;

A-15

Contractor signed certification stating “to the best of our knowledge the materials certified by the attached certification represent the materials incorporated into the work of this contract”; and

Date.

A-16

Table 1 Schedule For Full or Partial Acceptance by Materials Certification

Description Material Material Property Or Specification

Frequency Certification Sample

Minor Crushed Aggregate

Crushed Aggregate Source, Quality and Gradation

1 per source 1 per source

Dust Palliative

Calcium Chloride Magnesium Chloride, Lignosulfonate, As specified 1 per shipment First shipment

Asphalt Concrete Aggregate Asphalt

Mix

Source quality, Gradation, Stability, and Grade

1 per mix 1 per source

Permanent Pavement Markings, Temporary Traffic Control

See Item 6 and 8 As specified 1 per source -----

Hydraulic Cement

Portland Cement, Blended Hydraulic Cement, Masonry and Mortar Cement

AASHTO M 85, M

240, ASTM C 91 and ASTM C1392 as applicable

1 per shipment 1 per 100 tons

Asphalt Material Asphalt Cement

AASHTO M 226

or M 320, as applicable

1 per shipment 1 per shipment

Asphalt Material Emulsified Asphalt

AASHTO M 140

or

M 208 as applicable

1 per shipment 1 per shipment

Asphalt Material

Asphalt Materials used for Damproofing and Waterproofing

Concrete and Masonry Surfaces

As specified for each type of asphalt material 1 per shipment -----

Antistrip As specified As applicable 1 per shipment ----- Concrete and Plastic Pipe

As specified As applicable 1 per shipment -----

Metal Pipe As specified As applicable 1 per shipment -----

Plastic Pipe As specified As applicable 1 per shipment -----

Reinforcing Steel

As specified As applicable 1 per shipment

Submit 3, 1-yard bars of each size and grade of bar furnished.

Concrete Curing

Material and Admixtures

As specified As applicable 1 per material source per material type

Joint Material (all) As specified As applicable 1 per shipment -----

A-17

Description Material Material Property Or Specification

Frequency Certification Sample

Roadside Improvement Materials (all)

As specified As applicable 1 per shipment -----

Geosynthetic Material (all)

As specified As applicable 1 per shipment 1 per project per type Traffic Signing and Marking Material (all)

See Item 6 As applicable 1 per shipment -----

Paint As specified As applicable 1 per batch\lot

1 sample for quantities

> 25 gallons (100L)

Electrical and Illumination Material (all)

As specified As applicable 1 per shipment per material type

Miscellaneous materials

As specified As applicable 1 per shipment per material type

Material accepted by certification may be sampled and tested. If material is determined not to conform with the contract, the material will be rejected whether in place or not.

One of the following certifications may be required:

(a) Production certification. Material requiring a production certification is identified in the Acceptance Subsection of each item. Submit a production certification from the manufacturer for each shipment of material. Include the following:

(1) Date and place of manufacture;

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

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

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

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

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

(b) Commercial certification. Submit one commercial certification for similar material from the same manufacturer.

A commercial certification is a manufacturer’s or Contractor's representation that the material complies with the contract. The representation may be labels, catalog data, stamped specification

A-18 standards, or supplier's certifications indicating the material is produced to a commercial standard or specification.

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

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

Partial and Final Acceptance. Maintain the work during construction and until the project is accepted. Damage caused by the Contractor prior to final acceptance of the entire project will be repaired at the Contractor’s expense. See FAR Clause 52.236-11 Use and Possession Prior to Completion.

(a) Partial acceptance. When a separate portion of the project is completed, a final inspection of that portion may be requested. If the portion is complete and in compliance with the contract, it may be accepted. If accepted, the CO will relieve the Contractor of further responsibility for maintenance of the completed portion. Partial acceptance does not void or alter any of the terms of the contract.

When public traffic is accommodated through construction and begins using sections of roadway as they are completed, continue maintenance of such sections until final acceptance.

(b) Final acceptance. When notified that the entire project is complete, an inspection will be scheduled. If all work is determined to be complete, the inspection will constitute the final inspection and the Contractor will be notified in writing of final acceptance as of the date of the final inspection. Final acceptance relieves the Contractor of further responsibility for the maintenance of the project.

If the inspection discloses any unsatisfactory work, the CO will provide to the Contractor a list of the work that is incomplete or requires correction. Immediately complete or correct the work.

Furnish notification when the work has been completed as provided above.

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

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

Comply with permits and agreements obtained by the Government for performing the work that is included in the contract. Obtain additional permits or agreements and modifications to

A-19

Government-obtained permits or agreements that are required by the Contractor's methods of operation. Submit copies of permits and agreements.

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

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

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

Do not excavate, remove, damage, alter, or deface archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the project to ensure that protected sites are not disturbed or damaged. Should these items be encountered, suspend operations at the discovery site, notify the CO and continue operations in other areas. The CO will inform the Contractor when operations may resume at the discovery site.

There are no known utilities within the project limits.

When utilities are to be relocated or adjusted, the Government will notify utility owners affected by the relocations or adjustments.

Before beginning work in an area, contact the local utility locating service to mark the utilities.

Protect utilities from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities to minimize interruption of service and duplication of work.

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

Notify the CO if utility work is required. Compensation for the work will be provided under applicable clauses of the contract. Satisfactorily repair damage due to the fault or negligence of the Contractor at no cost to the Government.

Repair of damage to underground utilities not shown in the plans or identified before construction, and not caused by the fault or negligence of the Contractor will be…