SITKA_solicitation.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0116-S-14-0021

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 28, 2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service

Tongass NF, Supervisors Office

P.O. Box 309

Petersburg, AK 99833

USDA Forest Service

Tongass NF, Supervisors Office

P.O. Box 309

Petersburg, AK 99833

9. FOR INFORMATION

CALL:

A. NAME

Michael Johnson

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

907-772-5867

SOLICITATION

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

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

Price Range between $5,000,000 and $10,000,000

“FAX or EMAIL BIDS ACCEPTED

*NOTE: COMPLETED PACKAGE WITH ORIGINAL SIGNATURES MUST BE HARD COPY

MAILED TO: Alaska Region, Attn: Michael Johnson - AQM, PO Box 309, Petersburg, AK 99833 OR HAND DELIVERED TO: Alaska Region, 123 Scow Bay Road, Petersburg, AK 99833.

Email or fax copies must be received & complete by 5 pm the day prior to proposals due.

Pre-Proposal Conference – See provision AGAR 452.237-71, page:

Site Visit – See provision FAR 52.236-27, page:

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

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4 pm (hour) local time Sept 3, 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

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

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

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

USDA Forest Service

Tongass NF, Supervisors Office

P.O. Box 309

Petersburg, AK 99833

INVOICE PROCESSING PLATFORM – IPP ALL INVOICES

MUST BE SUBMITTED ELECTRONICALLY THROUGH

THE INVOICE PROCESSING PLATFORM IPP VIA

www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

6ADDENDA SHEET

Co-located Sitka Office Renovation

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OF

PART I—THE SCHEDULE

SECTION B—CONSTRUCTION – Prices

SCHEDULE OF ITEMS

Item

Number Item Description

Unit of

Measurement Price

1 Base Bid Site Work Lump Sum $

2 Base Bid Wood Shop Renovation Lump Sum $

3 Option 1 Existing Building Shell Lump Sum $

4 Option 2 Office Shell New Addition Lump Sum $

5 Option 3: Office Interior Phase 1 Lump Sum $

6 Option 4: Office Interior Phase 2 Lump Sum $

7 Option 5: Furniture Lump Sum $

8 Option 6: Light and Flag Poles Lump Sum $

9 Option 7: Radio Tower Lump Sum $

TOTAL: $

NOTE: Bidders must submit prices for all items included in the price schedule. Option items may be awarded after the initial award subject to availability of funds.

NOTE: Final payment will NOT be released until AFTER the successful completion of the LEED certification process.

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RESERVED

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. Description of Work

The project includes all of the work necessary to convert an existing two story, wood framed warehouse into office space. The existing building to be renovated is 10,892 sf. New additions to the building include an approximately 1,060 SF front entry/office addition, a 160 SF egress stair addition, an 85 SF electrical panel enclosure addition, and an approximately 275 SF biomass heat plant addition.

In addition, the existing wood shop will be converted to storage space. Improvements to the shop building include a new heating system, windows, insulation, paint, plumbing fixtures, and a refinished wood floor.

Site work includes selective demolition and site development. Major work items are structure and foundation removal and relocation; driveway, access road, parking, pad, trail, and drainage feature construction; utility improvements; concrete pad construction; provision of site lighting, flag pole, radio tower, fencing, and signage;

and miscellaneous other work.

An existing crewhouse exists at the SW corner of the site. The crewhouse will be occupied during the entire construction period. Retain or provide off-street parking for at least four passenger vehicles, within 100 feet of the crew quarters, at all times.

The Base Bid Work includes the following:

Base Bid Site Work: This work includes all site work shown on the drawings including the ramp connection between the shop and office building. This includes demolition of all buildings shown to be removed, all utility work, and site construction shown on the drawings and in the specifications except for the following items:

1. The flag pole and foundation

2. The light poles and foundations

3. The radio tower and foundation.

Conduit will be run to the locations of the flag pole, light poles, and radio tower as part of the base work;

however no electrical wiring will be run to these locations at this time. All telecommunications and electric conduits shall be run to the various vaults and into the office shell, and then capped.

Base Bid Wood Shop Renovation: This includes all demolition work, hazmat work and renovation work shown on the drawings and in the specifications for the Shop Building. OHP-4 – the Telecom Room AC Unit shown on M2.6 – and associated electrical work shall not be completed until the new Office HVAC system is completed during the Office Interior Phase 2.

Option 1: Existing Building Shell: Demolish all interior items shown on the drawings and the specifications

(specifically, sheets A21.1, A21.2, M1.1, M1.2, P1.1, and E1.2). Reconstruct the exterior shell and complete all structural work associated with the building, with the exception of the plywood shear panels on the inside of the building. Complete all work associated with the existing building from the wood studs outward (windows, doors, sheathing, siding, roofing, etc.). The intention is to have a complete, water tight, and partially insulated building shell with a complete structural system. All penetrations of the exterior envelope shall be completed and sealed off weather tight.

The following items are not included in the base bid:

1. Plywood shear panels on the inside of the warehouse building

2. The insulation between the studs

3. All interior drywall, trim, and finishes

4. All electrical, telecommunications, plumbing, fire suppression, and mechanical/HVAC work.

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Option 2 Office Shell New Addition: Construct the exterior shell for the new addition including the office area, boiler room, electrical room, and the southeast stair. The intention is to have a complete, water tight, and partially insulated building shell with a complete structural system. All penetrations of the exterior envelope shall be completed and sealed off weather tight.

The following items are not included:

1. The gypsum topping slab

2. The insulation between the studs

3. The North Stair 106

4. All interior drywall, trim, and finishes

5. All electrical, telecommunications, plumbing, fire suppression, and mechanical/HVAC work.

6. Plywood shear panels on the inside face.

The Option Items Work includes the following:

Option 3: Office Interior Phase 1: This work includes all items shown on the drawings and in the specifications for the first floor that were not completed as part of the Base Bid as noted above. This work includes all work for both stairs but no work for the elevator. All plumbing, piping and duct work that continues up into the second floor shall be capped off. The intent for Option 1 is to have a complete first floor that will not be occupied until the building is done. All first floor systems shall be complete. All systems shall tested and capable of operating except for the heating/HVAC system.

Option 4: Office Interior Phase 2: This work includes all items shown on the drawings and in the specifications for the second floor that were not completed as part of the Base Bid or Option 1 as noted above.

Option 2 includes demolition of the existing HVAC system in the Wood Shop and installation of the new heating system including the associated electrical. It includes demolition of the existing elevator and installation of the new elevator. The intent for Option 2 is to have a complete building that is fully operational and can be occupied.

Option 5: Furniture: This work includes the design, procurement and installation of the systems furniture for the office space.

Option 6: Light and Flag Poles: This work includes the procurement and installation of the exterior light poles in the parking lot, as well as the flag pole.

Option 7: Radio Tower: This work includes installation of the radio tower and all of the required radio equipment.

C-2. Project Location

The project is located at the USDA Forest Service Sitka Work Center, 2104 - 2114 Halibut Point Road, approximately 2.5 road-miles north of downtown Sitka, Alaska at 57°04'27"N 135°22'10"W. The site is served by electric, telephone, water, and wastewater utilities. Sitka is located on Baranof Island, and is accessible by commercial airline service, boat, barge, and road via the ferry system.

C-3. Applicable Specifications (CSI Projects)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

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C-4. AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-5. AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

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SECTION D--PACKAGING AND MARKING

D-1. Project Labeling for Official Correspondence

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.

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SECTION E--INSPECTION AND ACCEPTANCE

E-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2. Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site. Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

E-3. Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the

Special Project Specifications.

E-4. Conformity With Drawings And Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the

Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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SECTION F--DELIVERIES OR PERFORMANCE

F-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

52.242-14 Suspension of Work (APR 1984)

F-2. FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984)

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:

Base Bid Site Work July 30, 2015 Base Bid Wood Shop Renovation March 30, 2015 Option 1 – Existing Building Shell September 30, 2015 Option 2 – Office Shell New Addition October 30, 2015 Option 3 – Office Interior Phase 1 October 15, 2016 Option 4 – Office Interior Phase 2 October 15, 2016 Option 5 – Furniture November 15, 2016 Option 6 - Lights and Flagpoles December 30, 2016 Option 7 – Radio Tower October 30, 2016

The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by October 15, 2014. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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SECTION G--CONTRACT ADMINISTRATION DATA

G-1. AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award or pre-work conference with the successful offeror is required. It will be scheduled and held within a reasonable time after award and prior to the issuing of a Notice to Proceed.

G-2. GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item

No.

Property Description Qty Location Date Available

N/A On-Site Material Source All Within Project Boundaries Upon contract award

G-3. 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. 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. NOTE: Final payment will NOT be released until AFTER the completion of the LEED certification process. 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 payment will not be approved without a properly executed

Contract Release, Form 6300-16.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the

Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer

(see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G-4. Contract Administration

This contract will be administered by the Contracting Officer located at:

Alaska Region, Tongass NF

Attn: CO Michael Johnson

PO Box 309

Petersburg, AK 99833.

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

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G-5. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-6. Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer.

Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

G-7. Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________

Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by DOWL HKM, dated November 2010. The report presents the results of subsurface exploration and foundation recommendations for the USFS Collocated Sitka Office. The report includes the logs of six drilled test borings, the results of laboratory tests, and the recommendations regarding lateral earth pressure, foundations, earthwork, and drainage.

(b) Weather conditions are available on the www.noaa.gov website.

(c) Transportation facilities N/A.

(d) Asbestos and Lead Based Paint Management Plan Studies by Kent & Sullivan, Inc, dated July 05, 2005, are provided for the Ranger House at 2112 Halibut Point Road, Auto and Wood Shop, the Sitka Water/Soils

Lab, the Cascade Creek Warehouse, and the Cascade Creek Flammable Storage.

H-2. FAR 52.236-14 Availability and Use of Utility Services (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H-3. Special Blasting Techniques

(NOTE: Use for projects requiring rock crushing where more than 5% of material in designated source is expected to exceed 24" least dimension when blasted).

Government observations and appraisal indicate that the materials in the designated source require specialized blasting techniques in order to reduce the material to a size commensurate with the jaw limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

http://www.noaa.gov/

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H-4. Product Substitution

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the

Contractor's responsibility for such modification. Any and all substitutions will be requested by the

Contractor after award of the contract has been made. No approvals will be made prior to award.

H-5. Product Substitution Request

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

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6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H-6. Contractor’s Representation & Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-11. Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of

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excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense..

H-12. Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-16. Traffic Control

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-17. Safety

Contractor shall follow all requirements of OSHA and the State of Alaska safety requirements for construction projects.

Blasting operations are to follow are State and Federal Regulations and Contractor shall provide the

Government 30 days advance notice of such operations.

The project site will be closed to the public for the duration of the project.

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H-18. AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(1) LEED oversight and management as accepted for award of the contract.

(2) Quarry Operations as accepted for award of the contract.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-20. Conformity with Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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) below.

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, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

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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 reinspection 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.

H-23. Suspensions for Other Than Government’s Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property.

Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2)

Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-24. Construction takes, Lines, and Grades

Perform all construction staking in accordance with the requirements of Section 31 10 00 except for the following item:

The Government will mark the clearing limits around rock borrow sources on National Forest Land.

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H-25. Timber salvage

See Specification Section 31 10 00 – SITE CLEARING.

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 foot 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 Specification 31 10 00, unless relieved in writing.

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

H-26. Local Material Source

Designated rock source for this project is shown on sheet C101 of the Drawings:

Submit a development plan to the CO for approval prior to commencing any development activities.

H-27. Notification of Work Schedule

At the pre-work meeting provide a proposed schedule of work showing dates of major work items. Also incorporated into this contract is FAR 52.236-15, Schedules for Construction Contracts.

H-28. Additional Requirements

Contractor shall notify and coordinate with the City of Sitka or applicable utility company for all utility connections or disruptions, which includes paying any fees.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010)

52.203-14 Display of Hotline Poster(s) (DEC 2007)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-14 Service Contract Reporting Requirements (JAN 2014)

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

Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records – Negotiation (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (MAY 2014)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222.17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

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52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-33 Notice of Requirement for Project Labor Agreement (MAY 2010)

52.222-34 Project Labor Agreement (MAY 2010)

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 (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-3 Hazardous Material and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

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)

52.225-13 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)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (MAY 2014)

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 (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

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52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

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)

Alternate I (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (DEC 2013)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984)

52.248-3 Value Engineering -- Construction (OCT 2010)

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

Alternates I-III (SEP 1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

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

452.236-72 Use of Premises (NOV 1996)