Solicitation_-AG-0116-S-14-0006_-_FINAL.pdf

Solicitation – AG-0116-S-14-0006

Sandy Beach Road Bridge Replacement

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

SANDY BEACH ROAD BRIDGE REPLACEMENT

Thorne Bay District

Tongass National Forest

Base Items

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Each

57101.1

Furnish and Install 50’ Steel

Modular Bridge and

Accompanying Road Work

Road 3000, MP 28.05

LS

BASE TOTAL

Total

B.2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Bidder

By________________________ ___________________ ___________________

Signature Title Date

B.3 VENDOR INFORMATION

Point of Contact:

Phone:

Vendor Name:

Fax:

DUNS#

Email:

SECTION C – DESCRIPTION AND SPECIFICATIONS

SANDY BEACH ROAD BRIDGE REPLACEMENT

C.1 Scope

Base Bid

Furnish and install 50’ steel modular bridge @ MP 28.05, road 3000. This work will include but not limited to:

(1) remove and dispose of existing 60ӯ metal culvert

(2) remove 20’ wooden slab bridge and store in Thorne Bay

(3) install substructure and superstructure of modular bridge with steel guard rail

(4) cap shot rock approaches with 6” of crushed rock

(5) install riprap stream bank protection

(6) install approach guard rail on both ends of the bridge with warning signs

(7) open original streambed up to minimum dimensions as shown on plans

(8) realign new road as shown on plans.

b. Location

The project is located on the Prince of Wales road system approximately 10 miles north of the community of Thorne Bay. Thorne Bay is situated approximately 75 air miles northwest of Ketchikan, Alaska. The site is accessible by boat, fixed wing aircraft, barge, and the Alaska State Ferry system.

c. Estimated Price Range: $100,000 - $250,000

C.2 Standard Specifications for the Construction of Roads and Bridges on Federal

Highway Projects, FP-03.

The Standard Specifications for the Construction of Roads and Bridges on Federal

Highway Projects, FP-03, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

ISBN 0-16-051430-4

The FP-03 U.S. Customary version is only available through the Federal Lands Highway

Headquarters office:

Headquarters

Washington DC

David K. Green

Construction Standards Engineer

Internet: David.Green@fhwa.dot.gov

Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW

Washington D.C. 20590

Or available on line at http://www.wfl.fha.dot.gov/design/specs/

C.3 Safety and Public Notification

Warning signs will be placed at the proper locations to warn the public of road work. All signs shall meet the minimum requirements as established by the Manual of Uniform

Traffic Control Devices (MUTCD), 2003 edition. A notice of where and when the public might expect delays due to project work will be at several publicly located bulletin boards in Thorne Bay & Whale Pass.

C.4 Damage to Structures

The Contractor shall be held liable for any damage caused by his/her personnel or equipment to any existing bridges, ditches, culverts, signs, or riprap at culvert inverts.

Repair of structures damaged by the Contractor's operations, shall be the Contractor's responsibility at no cost to the Government.

C.5 Special Project Specification and Forest Service Supplementation

101 - Terms, Format, and Definitions (as supplemented herein)

102 - Bid, Award, and Execution of Contract (as supplemented herein)

103 - Scope of Work (as supplemented herein)

104 - Control of Work (as supplemented herein)

105 - Control of Material (as supplemented herein)

106 - Acceptance of Work (as supplemented herein)

107 - Legal Relations and Responsibility to the Public (as supplemented herein) http://www.wfl.fha.dot.gov/design/specs/

108 - Prosecution and Progress (as supplemented herein)

109 - Measurement and Payment (as supplemented herein)

152 – Construction Survey & Staking

155 - Schedules for Construction Contracts (as supplemented herein)

157 – Soil Erosion Control

203 – Removal of Structures and Obstructions

204 - Excavation and Embankment (as supplemented herein)

211 – Roadway Obliteration

251 – Riprap

556 – Bridge Railing

557 – Timber Structures

571 – Prefabricated Bridges

602 – Culverts & Drains

625 - Turf Establishment (as supplemented herein)

651 - Development of Pits & Quarries (as supplemented herein)

703 - Agregate

705 – Rock (as supplemented herein)

707 – Metal Pipe

717 – Structural Metal

718 - Traffic Signing and Marking Material (as supplemented herein)

SPECIAL NOTE: The above is a list of major specifications applicable to this contract.

Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

SECTION D – PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

(a) The Government singularly identifies each project with a contract number at time of

Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

(b) NOTE: The solicitation number will have an “S” for the solicitation indicator in the number.

Contracts will have a similar number format but will have a “C” in place of the “S”.

SECTION E – INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.246-12 -- Inspection of Construction.

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the

Government consents to accept the work with an appropriate adjustment in contract price.

The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the

Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

SECTION F – DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F.1 52.211-10 -- Commencement, Prosecution, and Completion of Work.

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 240 days after notice to proceed* The time stated for completion shall include final cleanup of the premises.

F.2 52.242-14 Suspension of Work (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

(a) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer will designate a representative, herein after referred to as the Contracting Officer’s

Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting

Officer” as used throughout the contract shall be interpreted to include the Contracting

Officer’s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G.2 GOVERNMENT FURNISHED PROPERTY

NONE.

G.3 PAYMENT

Electronic Invoicing and Payment Requirements – Invoice Processing Platform

(IPP)

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

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

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov payment will not be approved without a properly executed Contract Release, Form 6300-

16.

(c) In addition to the invoice requirements in FAR 52.232-7 Prompt Payment for

Construction Contracts, invoices submitted under this contract shall be submitted on a monthly basis.

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 [ ] 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 [ ] will [ X ] will not be considered.

G.5 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror(s) will be scheduled if required by the Contracting Officer. It will be scheduled as soon as possible after the date of contract award. Date and location of the conference will be mutually agreed upon.

(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 pre-work meeting, so that it can be reviewed and discussed at that meeting.

G.6 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

If a previously unidentified archaeological or historic site(s) are encountered, the contractor shall discontinue work in the general area of the site(s) and notify the

Contracting Officer immediately.

H.2 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS,

DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) The Schedule (Includes Section H)

(b) Drawings

1. Drawings, figured dimensions over scaled dimensions.

2. Drawings, large scale contract drawings over small scale contract drawings.

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.).

(c) Special Project Specifications (Latest date highest precedence)

1. Tongass NF. Special Project Specifications

2. Region 10 Special Project Specifications

(d) Standard Specifications

H.3 LANDSCAPE PRESERVATION

(a) 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. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Do not allow wash water or waste water from concrete or aggregate operations to enter live streams 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.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

1. Do not cross streams without Contracting Officer approval.

2. Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before creek crossing is planned. Two machine crossings will be permitted between June 1 and July 15 for all streams designated on the drawings as fish streams. Outside of this time period, no machine crossings will be permitted if fish eggs are present in the gravel or adult fish are present in the stream; otherwise two machine crossings will be permitted.

3. Limit machine crossings to two times for all live streams not designated on the drawings as fish streams with pipes 48” and larger to be installed.

4. Do not leave temporary bridges in place between September 15 and March 15, unless approved in advance in writing by the Contracting Officer.

In stream work will only be allowed with the following schedule. Other timing must be requested from the CO.

All Roads in This Contract June 1 – July 15 - 2014

Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal

Agencies:

1. ADNR – Alaska Department of Natural Resources.

2. ADEC – Alaska Department of Environmental Conservation.

3. ADGC – Alaska Department of Governmental Coordination.

4. EPA – US Environmental Protection Agency.

5. DA, COE – US Army Corps of Engineers.

6. USCG – US Coast Guard.

H.4 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.

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 information in 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.

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.5 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

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:

(a) 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.

(b) 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 inches of snow unless the road has been snowplowed.

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.

H.6 ROAD MAINTENANCE REQUIREMENTS

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.

Deposit the material removed from slides or other sources in locations approved by the

Contracting Officer.

H.7 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. 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 resulting from construction operations.

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

(c) Fire fighting equipment will be required during the fire season from May 10 to

August 31, and during any other period of fire danger designated by the Contracting

Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. 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.

Kind of Tool No. of People Working in Area

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

Equip each internal combustion engine with a spark arrester qualified and rated USDA-

Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger.

There shall be no exhaust bypass.

(b) 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.

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.

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

(d) 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.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

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:

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

2. 4 pound size or larger carbon dioxide type.

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

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.

Do 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. 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.8 CONSTRUCTION STAKES, LINES, AND GRADES

Contractor will perform all construction staking necessary for completion of contract:

The Government will provide location staking for all proposed work.

H.9 PROSECUTION OF WORK

Reestablish design centerline grade and alignment in accordance with Section 152 as construction progresses.

H.10 DISPOSAL OF MERCHANTABLE TIMBER

All timber meeting Forest Service merchantability standards logged during prosecution of this contract, remains the property of the Government. Deck logs in the immediate vicinity in accordance with Section 201 Specifications.

Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece shall be 6 inches 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.

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

Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

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

Fell other fire-dangerous dead trees or unstable live trees within 200 feet slope distance of the center line of the road, when marked by the Forest Service. Treat all timber under this subsection meeting utilization standards in accordance with Section 201, Subsection

201.04 of the Specifications, unless relieved in writing.

Cut and use timber designated by the Contracting Officer for construction, without charge.

H.11 LOCAL MATERIAL SOURCES

Contractor will use shotrock that is recycled from excavating out the culvert sites when replacing with a bridge.

Designated crushed rock sources for this project are:

Road 3015 MP 0.1

H.12 OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contact. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

Part II - Clauses

Section I – List of Clauses

I.1 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses

52.202-1 Definitions (Nov 2013)

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

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)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Feb

2012)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding

(Oct 2010)

52.214-29 Order of Precedence—Sealed Bidding (Jan 1986)

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 Representation (Apr 2012)

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation (Jul

2005)

52.222-6 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 Special Disabled Veterans, Veterans of the Vietnam

Era, and other Eligible Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-37 Employment Reports on Veterans (Sep 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And

Construction Contracts.

52.223-3 -- Hazardous Material Identification and Material Safety Data.

As prescribed in 23.303, insert the following clause:

Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock

Number or Special Item Number. This information shall also be included on the Material

Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard

No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to

Federal Standard No. 313, which renders incomplete or inaccurate the data submitted http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/23.htm#P129_14348 under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting

Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of Clause)

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)

52.223-19 Compliance with Environmental Management Systems (MAY 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—

(3) 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

(4) 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 non-availability 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 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123 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

(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)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

[Include other applicable supporting information.]

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

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.228-1 Bid Guarantee (Sept 1996)

The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.”

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance—Work on a Government Installation (Jan 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 (Apr 2003)

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 (Jul 2002) Alt 1

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)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Specifications and Drawings for Construction (Feb 1997) Alt 1

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (Jul 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (Jun 2007)

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering—Construction (Oct 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

Alternate I (Sep 1996)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.253-1 Computer Generated Forms (Jan 1991)

I.2 Agriculture Acquisition Regulation (48 CFR Chapter 4) Clauses

452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For

Corporate Applicants Alternate 1 (Feb 2012).

(a) This award is subject to the provisions contained in the Consolidated Appropriations

Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

452.228-70 Alternative Forms of Security (Nov 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified

C hecks shall be drawn payable to: USDA Forest Service.

452.228-71 Insurance Coverage (Nov 1996)

452.232-70 Reimbursement for Bond Premiums-Fixed-Priced Construction Contracts

(Nov 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (Nov 1996)

452.236-72 Use of Premises (Nov 1996)

452.236-73 Archaeological or Historic Sites (Feb 1996)

452.236-74 Control of Erosion, Sedimentation and Pollution (Nov 1996)

452.236-76 Samples and Certificates (Feb 1988)

452.236-77 Emergency Response (Nov 1996)

(a) Contractor's Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the

Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

Part III – List of Documents, Exhibits and Other Attachments

Section J – List of Attachments

Category Pages

Davis Bacon Wage Rate Determination 8

Specifications 62

Drawings 10

J.1 In compliance with the paper reduction act, sections K, L, and M, which apply only to the solicitation phase, are not duplicated after contract award. However, section K will be incorporated by reference into the resulting contract.

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.204-8 -- Annual…