AG-0116-S-13-0022_fbo.pdf

Solicitation AG 0116 S 13 0022 Calamity Carroll Road Stabilization p. 3 of 30

Section B Supplies or Services and Prices/Costs

ITEM NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

CALAMITY CARROLL ROAD STABILIZATION

001 Base Work 1 JOB $__________ $__________ as described in Section C and other sections of this contract along with drawings and specifications.

PAY ITEMS. The below listed pay items are established for the purpose of progress payments under the contract clause at FAR 52.232 5 Payments Under Fixed Price Construction Contracts. The sum of the pay item amounts shall not exceed the line item amount above—

Pay Item Description Est.

Qty Unit Unit Price Amount

1.1 833(5) Waterbar Installation 8 Each $__________ $__________

1.2 833(7) Ditch Cross Drain Installation 5 Each $__________ $__________

1.3 834(1) Clean and Recondition Culverts 24 inch Diameter and Under 7 Each $__________ $__________

1.4 834(2) Clean and Recondition Culverts over 24 inch Diameter through 48 inch Diameter

2 Each $__________ $__________

1.5 833(1_18) 18 Inch Culvert Pipe, Contractor furnish and install 280 LF $__________ $__________

1.6 833(1_24) 24 Inch Culvert Pipe, Contractor furnish and install 120 LF $__________ $__________

1.7 833(1_36) 36 Inch Culvert Pipe, Contractor furnish and install 360 LF $__________ $__________

1.8 833(1_48) 48 Inch Culvert Pipe, Contractor furnish and install 74 LF $__________ $__________

1.9 203(01) Remove 70' Hamilton bridge from stream on road 8400661 1 Lump

Sum $__________ $__________

1.10 203(01) Remove slide on road 8400660 MP 1.90 1 Lump

Sum $__________ $__________

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Pay Item Description Est.

Qty Unit Unit Price Amount

1.11 203(01) Remove slide and culvert on road 8448000 MP 0.38 Slide 1, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.12 203(01) Remove slide and culvert on road 8448000 MP 0.663 Slide 2, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.13 203(01) Remove slide and culvert on road 8448000 MP 0.982 Slide 3, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.14 203(01) Remove slide and culvert on road 8448000 MP 1.025 Slide 4, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.15 203(01) Remove slide and culvert on road 8448000 MP 1.24 Slide 5, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.16 203(01) Remove slide and culvert on road 8448000 MP 1.28 Slide 6, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.17 203(01) Remove slide and culvert on road 8448000 MP 1.312 Slide 7, reconstruct roadway through slide

1 Lump Sum $__________ $__________

1.18 203(01) Remove 18 Inch size culvert 8 Each $__________ $__________

1.19 203(01) Remove 24 Inch size culvert 6 Each $__________ $__________

1.20 203(01) Remove 36 inch size culvert 3 Each $__________ $__________

1.21 203(01) Remove 48 inch size culvert 3 Each $__________ $__________

1.22 203(01) Remove 108 inch size culvert 1 Each $__________ $__________

1.23 807(03) Medium Excavator 80 Hour $__________ $__________

1.24 841(01) Furnish and Apply Seed & Fertilizer 10 Acre $__________ $__________

1.25 151(01) Mobilization 1 Lump Sum $__________ $__________

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Note 1: Payment for bond premiums shall not be in addition to contract price. The Contractor shall include bond premiums in CLIN 001 under pay item 151(01)Mobilization.

Note 2: The quantities shown above are approximate unless designated as a lump sum quantity (LS).

The Contractor shall 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.

Additional Offeror Information Offeror: Phone No:

Point of Contact Name: Fax No.:

TIN No.: DUNS No:

Email:

Offeror Signature:

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Section C Description/Specifications/Statement of Work

C.1. Project Scope.

(a) The intent of the contract is to perform road maintenance activities. Work includes installing waterbars, excavate and sidecast landslide material, endhaul, rock borrow production and haul, remove culverts, salvage bridges, furnish and install culverts, repair washed out road surfaces, and seeding and fertilizing disturbed soils on and along roadsides on approximately 6 miles of National Forest System Roads on the Ketchikan/Misty Ranger District. The removed culverts and hardware become the property of the contractor and must be removed from the National Forest. The Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and perform all work required to maintain the facilities in accordance with the attached typical drawings, supplemental specifications and parent specifications.

(b) Landslide clearing is payable on a lump sum basis per slide. This will include endhaul, sidecasting, log decking, road reconstruction, and any other incidentals related to re-establishing the roadway impacted by the landslide at that site. Sites for endhaul deposits will be identified by the Contracting Officer. Slide cleanup includes returning the roadway to an open drivable condition for pickup truck type vehicles. Photos of landslides are included as an attachment for the benefit of offerors/contractor (see Section J); they were taken in June 2012.

(c) Finished slopes into excavated structure sites will follow the lines shown on the attached drawings.

(d) Equipment cleaning will be required prior to mobilizing to the work site. Refer to the supplemental specifications for details.

(e) An Erosion Control Plan will be required prior to ground disturbing activities. Refer to the supplemental specifications for details.

(f) In-stream timing restrictions are included in the contract for work in streams with fish populations. Refer to Section H for times and locations where this will affect work scheduling.

(g) The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.2. Description and Location The Upper Carroll road system is located on Revillagigedo Island in southeast Alaska. The forest road system at Upper Carroll is remote, accessible by either saltwater boat or floatplane.

Shoal Cove is also located on Revillagigedo Island, approximately 10 miles south of the Upper Carroll road system. Neither Upper Carroll nor Shoal Cove are connected to any community with commercial services. Ketchikan is the nearest community to the work areas.

C.3. Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03

(a) The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U. S. Customary Units), are incorporated by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

(b) FLH Standard Specifications (FP-03) can be obtained from the Federal Highway Administration Home Page on the Internet. It is in electronic format at— http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm or for purchase online at— http://bookstore.gpo.gov/

(c) This contract contains a supplemental specification to FP-03. FP-03 and the supplemental specification must be read in conjunction with each other.

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Section D Packaging and Marking

D.1. Project Labeling for Official Correspondence.

The Tongass National Forest identifies awarded contract with a contract number, or Procurement Instrument Identifier (PIID), at time of contract award in the format AG-0116-C-XX-XXXX. The contract number is a unique Government-wide, and will permanently represent the contract. The Contractor shall include the contract number on all correspondence relating to this contract.

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Section E Inspection and Acceptance

E.1. Federal Acquisition Regulation (FAR) (48 C.F.R.) Clauses.

FAR Clause Title and Date 52.246-12 Inspection of Construction (AUG 1996)

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Section F Deliveries or Performance

F.1. Federal Acquisition Regulation (FAR) (48 C.F.R. 48) Clauses.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) fill-ins: 10, October 31, 2013 Alternate I (APR 1984) fill-in: May 24, 2013 52.211-18 Variation in Estimated Quantities (APR 1984) 52.242-14 Suspension of Work (APR 1984)

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Section G Contract Administration Data

G.1. Submission of Invoices.

(a) This clause supplements the contract clause at FAR 52.232-27, Prompt Payment for Construction Contracts.

(b) The designated billing office is Tongass National Forest, Attn: Contracts, 648 Mission St, Ketchikan

AK 99901.

(c) Paper invoices are contemplated. If the Contractor chooses to submit a facsimile or e-mail invoice, the Government will not be responsible for any failure attributable to the transmission of receipt of the invoice including, but not limited to—

(1) Receipt of garbled or incomplete invoice.

(2) Availability or condition of the receiving facsimile equipment or e-mail system or account.

(3) Incompatibility between the sending and receiving equipment or systems.

(4) Delay in transmission or receipt of invoice.

(5) Failure of the Contractor to properly identify the invoice.

(6) Absence or unavailability of the person to whose attention or account the facsimile or e-mail is sent.

G.2. Utility Services.

(a) This clause supplements the contract clause at FAR 52.236-14, Availability and Use of Utility Services.

(b) The following utility services are available at the work site: None.

G.3. Prework or Preconstruction Conference.

(a) This clause supplements the contract clause at FAR 52.236-26, Preconstruction Conference.

(b) The location for the in-person preconstruction conference is: Ketchikan, Alaska.

G.4. Progress Payments.

(a) This clause supplements the contract clause at FAR 52.232-5, Payments Under Fixed- Price Construction Contracts.

(b) Progress payments [X] will [X] will not be made more frequently than monthly.

(c) In the preparation of estimated for progress payments, material delivered to the Contractor at locations other than the work site [X] will [X] will not be considered.

G.5. Schedule Required for Prework Meeting.

(a) This clause supplements the contract clauses at FAR 52.236-26, Preconstruction Conference, and FAR 52.236-15, Schedules for Construction Contracts.

(b) The Contractor shall provide a schedule at the prework meeting, so that it can be reviewed and discussed at that meeting. The schedule shall assume a Notice to Proceed date on the workday following the prework meeting.

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Section H Special Contract Requirements

H.1. Order of Precedence—Drawings and Specifications

(a) This clause supplements the clause at FAR 52.214-29 Order of Precedence—Sealed Bidding or FAR 52.215-8 Order of Precedence—Uniform Contract Format, if included in this solicitation or contract.

(b) The Contractor shall promptly notify the Contracting Officer in writing of inconsistencies in this solicitation or contract and its attachments.

(c) Specifications. Special, supplemental, or project specifications generally have precedence over standard specifications. Specifications generally have precedence over drawings.

(d) Drawings.

(1) Figured dimensions generally have precedence over scaled dimensions.

(2) Large-scale contract drawings generally have precedence over small-scale contract drawings.

(3) Schedules on contract drawings generally have precedence over any conflicting notations on contract drawings.

H.2. Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(d) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(e) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

(f) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered professional engineer.

H. 3. Use of Premises

(a) Obtain written approval from the Contracting Officer before opening or operating on National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities. Provide and maintain the following facilities for the work force at the camp, unless provided otherwise—

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(1) Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

(2) Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

(3) Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

(4) Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage. Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer.

Include the following informationon this plan—

(1) Location and size of the proposed camp development, including a map.

(2) Wastewater system.

(3) Number of people who will use the site and proposed dates of occupancy.

(4) Power supply system.

(5) Water supply system.

(6) Building layout, shop area, living quarters.

(7) Road and trail layout.

(8) Clearing limits and slash disposal locations.

(9) Borrow areas.

(10) Dock and access location.

(11) Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan.

(12) Incinerator location and ash disposal plan.

(d) The Forest Service will review plan as submitted for completeness and applicability.

Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H.4. Contractor’s Use an dMaintenance of Existing Roads

(a) The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions—

(1) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

(2) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4” of snow unless the road has been snowplowed.

(c) The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

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H.5. Road Maintenance Requirements The Contractor shall perform road maintenance work on the required roads in accordance with the following—

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders.

Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace material eroded from fill slopes and clean out drainage ditches and culverts subject to the above equipment limitations.

(c) Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H.6. Emergency Control

(a) The Contractor shall immediately extinguish all fires on or in the vicinity of the project which are caused by the Contractor's operations, employees, or subcontractors, whether or not set directly or indirectly as a result of construction operations, with or without direction by the Forest Service, and without expense to the Government. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or subcontractors or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made to the Contractor at rates not less than the current area rates established by the Forest Service.

(c) The Contractor shall provide fire fighting equipment during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

The Contractor shall—

(1) Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site, as shown in the table below. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

No. of People Working in Area Kind of Tool 1 4 5 9 10 15 16 20 Axe, d.b chopping, 32 inch min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32 inch min. handle 2 3 7 10 File, 10 inch mill bastard 1 1 1 2 Pumps, backpack cans, 5 gal filled with water 1 2 2 3

(2) Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is—

(i) Equipped with a turbine-driven exhaust supercharger such as the turbocharger, with no exhaust bypass;

(ii) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide [Note: A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.];

(iii) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system; or

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(iv) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

(3) Properly install and constantly maintain in serviceable condition all exhaust equipment described in this clause, including spark arresters and mufflers.

(4) Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications—

(i) 2-1/2 pound size or larger dry chemical type.

(ii) 4-pound size or larger carbon dioxide type.

(5) Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

(6) Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

(d) The Contractor shall not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. The Contractor shall submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H.7. Disposal of Merchantable Timber

(a) All timber meeting Forest Service merchantability standards logged during prosecution of this contract remains the property of the Government.

(b) The Contractor shall deck logs in the immediate vicinity in accordance with Section 201 of the specifications, and shall buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards—

(1) The Minimum merchantable piece shall be 6” in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

(2) Trim allowance shall be a maximum of 12” for log lengths up to 40 foot. An additional 2” of trim shall be allowed for each 10 foot of log length over 40 foot.

(c) The Contractor shall use humbolt undercut in felling merchantable timber, and shall buck all limbs flush with merchantable logs.

(d) All dead trees which are sufficiently tall to reach the roadbed are designated for cutting.

The Contractor shall fell other fire-dangerous dead trees or unstable live trees within 200-foot slope-distance of the center line of the road, when marked by the Forest Service. The Contractor shall treat all timber under this subsection meeting utilization standards in accordance with specifications Section201, Subsection 201.04, unless relieved in writing.

(e) The Contractor may cut and use timber designated by the Contracting Officer for construction without charge.

H.8. Local Material Sources No borrow material sources are identified for this project. The Contractor shall supply all needed materials, except that rock borrow used on the project may be existing road rock salvaged during construction activities.

H.9. Stream Crossings

(a) The Contractor shall schedule and conduct in-stream work to minimize disturbance to streams. The Contractor shall not cross streams without Contracting Officer approval. The Contractor shall submit a written crossing plan to the Contracting Officer for approval 14 calendar days before stream crossing is planned.

(b) Timing Windows shown in the table below are allowable times for in-stream activities; no in-stream activity may occur in these streams outside designated windows.

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Road No. MP Work Description Timing Window

Number of tracked vehicle crossings allowed

8400661 0.1 Site of modular bridge washed downstream of road June 1 – August 15 6

8444000 3.074 Reconstruct ditch block, berm and stream crossing June 1 – August 15 6

8444000 3.151 Site of removed bridge June 1 – August 15 6 8444000 3.518 Remove 18” culvert, class 2 June 1 – August 15 6 8444000 3.570 Remove 36” culvert, class 2 June 1 – August 15 6 8444000

3.638 Remove 108” culvert, re establish stream in channel June 1 – August 15 2

8444000 3.64 Site of removed culvert June 1 – August 15 2 8444000 3.68 Site of blown out culvert June 1 – August 15 2

H.10. Signing and Safety

(a) A reflectorized SLOW MOVING VEHICLE emblem shall be attached to any equipment not designed to maintain a safe travel rate or that will be moving at a slow rate while performing maintenance.

(b) It shall be the Contractor’s responsibility to furnish black and orange reflectorized maintenance warning signs to alert motorists of maintenance operations. All signs shall conform to the standards for Temporary Traffic Control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). A minimum of one (1) sign at each end of road sections under construction shall be kept in place at all times and shall be moved as work progresses in accordance with the MUTCD.

H.11. Signing and Safety

(a) A reflectorized SLOW MOVING VEHICLE emblem shall be attached to any equipment not designed to maintain a safe travel rate or that will be moving at a slow rate while performing maintenance.

(b) It shall be the Contractor’s responsibility to furnish black and orange reflectorized maintenance warning signs to alert motorists of maintenance operations. All signs shall conform to the standards for Temporary Traffic Control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). A minimum of one (1) sign at each end of road sections being maintained shall be kept in place at all times and shall be moved as work progresses.

(c) If a berm is left in the roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night by Type B High-Intensity Flashing Warning Lights with a minimum mounting height of 36 inches to bottom of lens as required by the Manual of Uniform Traffic Control Devices.

H.12. Damage to Structures The Contractor shall be held liable and is responsible for any damage caused by Contractor’s personnel or equipment to any bridges, guardrails, culverts, signs, and riprap-protecting culvert inverts. Repair to these structures shall be at the Contractor’s expense and at no additional cost the Government

H.13. Activity Report The Contractor shall maintain and furnish a Daily Activity Report reporting maintenance activity performed. Reports shall be furnished to Contracting Officer on a weekly basis. A sample form to be used is included in Section J.

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H.14. Definitions and Abbreviations

(a) Wherever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

(1) Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Contractor's Representative and are dated.

(2) Base Course - The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms.)

(3) Berm - A curb or dike which controls roadway runoff water, or delineates traffic direction. Berms commonly parallel road centerline; however, on Limited Use Roads may be placed diagonally across the roadbed. (See Illustration of Road Maintenance Terms.)

(4) Channel - A natural waterway leading into or away from a culvert or bridge.

(5) Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

(6) Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

(7) Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment.

(8) Cross ditch - A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline.

(9) Lead-off ditch - A ditch used to remove water from roadside drainage ditches, the roadway, or drainage structures such as culverts and drainage dips.

(10) Ditch - A relatively long narrow excavation placed to collect or disperse water.

(11) Drainage dip - A drainage structure which was previously constructed within the roadbed surface to form a uniform depression which allows routine passage of vehicles while diverting water from the traveled way.

(12) Drainage ditch - A ditch located parallel to and abutting the roadbed. (See Illustration of Road Maintenance Terms.)

(13) Drainage structure - A term identifying man-made devices placed to control water movements.

(14) Drawings - Illustrations showing detailed maintenance required.

(15) Equipment - All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

(16) Excess Material - Material from the roadway excess to that needed for maintenance of roadway.

(17) Fore slope - The slope of the ditch section nearest to the traveled way. (See Illustration of Road Maintenance Terms.)

(18) Government - The Contracting Officer or the duly authorized Contracting Officer's Representative (COR) with authority to sign orders.

(19) Grade - The vertical alignment of the top surface of the road.

(20) Inspector - The Government's authorized representative designated in writing, assigned to make detailed inspections of contract performance, but not to sign orders to the Contractor.

(21) Materials - Any substances specified for use in the performance of the work.

(22) Measurement - Method of determining and expressing the quantities of work.

(23) Nominal Dimensions or Weights - The numerical values shown on the drawings or in the specifications as measurements for the work.

(24) Off Highway Vehicle – A motor vehicle up to 60” wide, 2 or 4 wheel drive, generally used for recreation purposes, generally not licensed for highway operating.

(25) Order - A written order by the Government directing fulfillment of work requirements under the terms of the contract.

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(26) Original Contract Quantities - Those estimated quantities shown in the Schedule of Items as awarded.

(27) Patching - Minor repairs.

(28) Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

(29) Reasonably Close Conformity - Means compliance with customary maintenance tolerances where working tolerances are not specified.

(30) Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road.

(31) Roadbed - The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade. (See Illustration of Road Structure Terms.)

(32) Road Listing - A preliminary listing of road locations and any established work priorities.

(33) Roadside - (See Illustrations of Road Structure Terms).

(34) Schedule of Items - Schedule containing a listing and description of maintenance items, quantities, and units of measure, methods of measurement, unit price, and amount.

(35) Shoulder - As used in this contract, the term is restricted to roads having a paved surfacing. (See Illustrations of Road Structure Terms.)

(36) Slough or Slide - Material deposited on the roadway which may need to be repositioned or removed.

(37) Slump - A localized portion of the roadbed which has slipped or otherwise become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

(38) Special Project Specifications - Specifications which detail conditions and requirements peculiar to the individual project.

(39) Standard Specifications - Specifications for specific divisions of work.

(40) Stream - A channel that is at least one foot wide that has evidence of routine periodic or constant flow, may be dry during extended periods of dry weather. Mossy seeps and small springs in the cutbanks are generally not considered streams.

(41) Subgrade - Top surface of roadbed upon which subbase, base course, or surface course was constructed. (See Illustration of Road Structure Terms.)

(42) Traveled Way - The portion of the roadway for the movement of vehicles. For purpose of this contract, traveled way includes turnouts and curve widening. (See Illustration of Road Structure Terms.)

(43) Turnouts - A short auxiliary lane on a one-lane road provided for passage of meeting vehicles.

(44) Unit of Measure - The unit and fractions of units shown in the Schedule of Items.

(45) Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

(46) Waterbar - A deeper type cross ditch which is not intended for passage of traffic.

(47) Work Schedule - The Contractor's current schedule for work progression.

(b) Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

(Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of Invitation for Bids.)

(1) AASHTO - American Association of State Highway and Transportation Officials.

(2) CS - Commercial Standard Issued by U.S. Department of Commerce.

(3) EPA - Environmental Protection Agency.

(4) FAR - Federal Acquisition Regulation System.

(5) FED SPEC - Federal Specifications.

(6) FSS - Federal Specifications and Standards.

(7) MSHA - Mine Safety Health Administration.

(8) MUTCD - Manual of Uniform Traffic Control Devices.

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(9) NBS - National Bureau of Standards.

(10) OSHA - Occupational Safety and Health Act.

(11) PS - Product Standard issued by the U.S. Department of Commerce.

(12) UL - Underwriter's Laboratories, Inc.

(13) OHV – Off highway vehicle

H.15. Quantity Measurement Terms

(a) Measurement under the contract shall be according to the United States standard measure.

(b) The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

(c) Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

(d) Linear mile measurement will mean the sum of the road length parallel to the centerline.

(e) Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract.

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Section I Contract Clauses

I.1. Federal Acquisition Regulation (FAR) (48 C.F.R.) Clauses.

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-7 Central Contractor Registration (DEC 2012) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(AUG 2012)

52.204-13 Central Contractor Registration Maintenance (DEC 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.214-26 Audit and Records—Sealed Bidding (OCT 2010) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—

Sealed Bidding (AUG 2011) 52.214-28 Subcontractor Certified Cost of Pricing Data—Modifications—Sealed Bidding

(OCT 2010)

52.214-29 Order of Precedence—Sealed Bidding (JAN 1986) 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989) fill-in: February 15, 2013 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation

(JUL 2005)

52.222-5 Davis-Bacon Act—Secondary Site of the Work (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination—Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010)

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52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (JUL 2012) 52.223-2 Affirmative Procurement of Biobased Products under Service and

Construction Contracts (JUL 2012) fill-in: http://www.biopreferred.gov/FARReporting/FARReporting.xhtml 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.225-9 Buy American Act—Construction Materials (SEP 2010)

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (see FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

None.

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

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

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)1

Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

1Include all delivery costs to the construction site and any applicable duty (whether or not a duty free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007)

52.227-4 Patent Indemnity—Construction Contracts (DEC 2007) 52.228-1 Bid Guarantee (SEP 1996) fill-ins: 20 percent, $3 Million

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52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration

(OCT 2003)

52.233-1 Disputes (JULY 2002) 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.243-6 Change Order Accounting (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering—Construction (OCT 2010)…