Solicitation-REDFISH LIFT STATION.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

431112

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN KAREN MORTHLAND

1249 SOUTH VINNELL WAY SUITE 200

BOISE ID 83709

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN: KAREN MORTHLAND

1249 SOUTH VINNELL WAY, SUITE 200

BOISE ID 83709

KAREN MORTHLAND 208-373-4115

1x 07/19/2010

AG-0261-S-10-0075

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

REDFISH LAKE LIFT STATION PROJECT

PERFORMANCE PERIOD: 9/13/2010 -- 11/4/2011

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 420 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

08/17/2010

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

TOTAL HUB-ZONE SET-ASIDE

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN KAREN MORTHLAND

1249 SOUTH VINNELL WAY SUITE 200

BOISE ID 83709

KAREN MORTHLAND

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 3

PART I – BID SCHEDULE

SECTION B – SERVICES AND PRICES

Redfish Lake Lift Station Sawtooth NRA

ITEM

NO. DESCRIPTION

METHOD

OF MEAS UNIT QUANTITY

UNIT

PRICE

TOTAL

AMOUNT

Base Bid

000501-1

Toilet and Pumpstation Building

LSQ

Lump Sum

$ XXXXX

000501-2 Propane Tank, Concrete Slab, and Piping

010250

Construction Staking

011900

Mobilization

024102 Removal and Disposal of Existing Structures – Restrooms/Utility Building

101401

Signs - Exterior

AQ

Each

221100-1 Pipeline (Potable Water) – 2- Inch HDPE, 160 psi with Heat Fusion Joins, Including Trench

Linear Feet

221300-1 Sewerline (Pressurized) – 6- Inch HDPE, 160 psi with Heat Fusion Joints

221300-2

Manhole (48-Inch Dia.

Concrete Pressurized) – Including Blind Flange and Transition Fitting

221310 Pre-Packaged Submersible Pump Station

260500

Electrical System – New Electrical Service, Phone Service, Relocating Existing Generator

312000-1 Imported Backfill – Pipe Zone (Government Source)

DQ

Cubic Yard

312000-2 Special Bedding – (Government Source)

312100 Project Site Preparation and Grading

321204 Crushed Aggregate Surface Course – Grading G (For Path and Parking)

322622 6-Foot Precast Colored Concrete Curb

TOTAL BASE

$ XXXXX $

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 4

OPTION #1:

Existing Sewer System Improvements

TOTAL OPTION #1 $ XXXXX $

OPTION #2:

Concrete Shower Pad-Including Free Standing Shower Unit

Site Furnishings – Trailside Log Bench (ADA)

Pipeline (Potable Water) 1-Inch HDPE, 160 psi with Heat Fusion Joints, Including Trench

1-Inch Poly Curb Valve and Box

TOTAL OPTION #2 $ XXXXX $

TOTAL

BASE BID TOTAL

BASE BID + OPTION 1 and OPTION 2 TOTAL

The offeror shall insert a bid in the Bid Schedule opposite each pay name listed in the Schedule. A bid is not to be tendered for any item not listed. All other items not listed are incidental to one of the items listed above.

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.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 5

PART I - THE SCHEDULE

Page(s)

SECTION A - SOLICITATION/CONTRACT FORM (SF1442) 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST 3 – 4

TABLE OF CONTENTS 5

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 6 – 8

SECTION D - PACKAGING AND MARKING 9

SECTION E - INSPECTION AND ACCEPTANCE 10 – 11

SECTION F - DELIVERIES OR PERFORMANCE 12 – 13

SECTION G - CONTRACT ADMINISTRATION DATA 14

SECTION H - SPECIAL CONTRACT REQUIREMENTS 15 – 16

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 17 – 37

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 – Drawings (attached) J.2 – Specifications (attached) J.3 – Wage Determination - Highway J.4 – Wage Determination - Heavy J.5 – Worker’s Compensation Verification and Past Performance Verification

41 - 59 60 - 67

PART IV - REPRESENTATIONS AND CERTIFICATIONS

SECTION K - REPRESENTATIONS AND INSTRUCTIONS 69 - 74

SECTION L - INSTRUCTION, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

75 - 81

SECTION M - TAXPAYER IDENTIFICATION NUMBER & DUNS NUMBER

EVALUATION FACTORS

SF-24 BID BOND

82 - 84 85 - 86

ATTACHED DRAWINGS (Support Document A) ATTACHED SPECIFICATIONS (Support Document B) ATTACHED WORKER’S COMPENSATION VERIFICATION and PAST PERFORMANCE

QUESTIONAIRE (Support Document C)

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 6

SECTION C – DESCRIPTION / SPECIFICATION / STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This Request for Proposal consists of the reconstruction of the existing sewer system and restrooms at Redfish Lake on the Sawtooth National Recreation Area on the Sawtooth National Forest. Work includes:

o Removing the existing restrooms/utility building.

o Modifying the existing lift station and sewer system, including removing and replacing pumps, piping, pipe fittings, and the valve vault. The wet well shall remain in place and be reconditioned to accommodate the new piping.

o Constructing a new restroom/utility building that houses the lift station wet well, backup generator and two separate restrooms. The following utilities shall be included:

water, electrical, and propane.

o Realigning and installing a pressurized force main that exits the lift station and connects to the existing force main via a new pressurized manhole.

o Completing existing sewerline improvements. This work includes replacing failing sewerline segments, patching asphalt roadway segments, and modifying existing manholes.

C.2 PROJECT LOCATION

The project is located on the Sawtooth National Recreation Area on the Sawtooth National Forest.The project is located near Redfish Lake and is approximately 10 miles south of Stanley, Idaho viaState Highway 75 and Forest Roads #213 and #214. The project is located in Custer County, T9N, R13E, Section 03.

C.3 ESTIMATED PRICE RANGE – $250,000 TO $500,000

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.

C.6 TECHNICAL REQUIREMENTS

Specific construction drawings and Forest Service Supplemental Specifications are included in Section J.

All items shown or noted on drawings, which are not specifically bid items, are considered indirect items.

The cost of furnishing and installing all indirect items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 7

C.7 LIST OF SPECIFICATIONS

The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to, or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

Section 000501 - Toilet And Pumpstation Building Section 010250 - Construction Staking Section 011250 - Measurement And Payment Section 011900 - Mobilization Section 013300 - Submittal Procedures Section 014100 - Quality Control Section 023701 - Sediment And Erosion Control Measures Section 024100 - Waste Material Disposal Section 024102 - Removal, Disposal & Salvage Of Existing Structures And Obstructions Section 033000 - Cast-In-Place Concrete Section 033020 - Concrete From Packaged Dry Mix For Minor Structures Section 033630 - Private - Concrete Floor Stain Section 042222 - Concrete Log Units Section 055000 - Metal Fabrications Section 061000 - Rough Carpentry Section 061600 - Sheathing Section 061753 - Shop-Fabricated Wood Trusses Section 064023 - Interior Architectural Woodwork Section 071113 - Bituminous Dampproofing Section 072100 - Thermal Insulation Section 073113 - Asphalt Shingles Section 074600 - Siding Section 076200 - Sheet Metal Flashing And Trim Section 079200 - Joint Sealants Section 081111 - Steel Doors And Frames Section 083113 - Access Doors And Frames Section 085200 - Aluminum Clad Wood Windows Section 087100 - Door Hardware Section 089000 - Louvers And Vents Section 092900 - Gypsum Board Section 093000 - Tiling Section 099120 - Interior Painting Section 099300 - Staining And Transparent Finishing Section 099600 - High-Performance Coatings Section 101400 - Signage Section 101401 - Signs (Exterior) Section 101550 - Toilet Compartments Section 102800 - Toilet And Bath Accessories Section 129350 - Site Furnishings Section 129360 - Outdoor Shower Section 220518 - Escutcheons For Plumbing Piping Section 220529 - Hangers & Supports For Plumbing Piping & Equipment Section 220719 - Plumbing Piping Insulation Section 221100 - Water Distribution Systems Section 221102 - Curb Valves And Boxes Section 221116 - Domestic Water Piping Section 221119 - Domestic Water Piping Specialties

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 8 Section 221300 - Onsite Wastewater Treatment Systems Section 221310 - Pre-Packaged Submersible Pump Station Section 221316 - Sanitary Waste And Vent Piping Section 221319 - Sanitary Waste Piping Specialties Section 221320 - Existing Wastewater System Improvements Section 223400 - Fuel-Fired, Domestic-Water Heaters Section 224000 - Plumbing Fixtures Section 231126 - Facility Liquefied-Petroleum Gas Piping Section 233423 - Hvac Power Ventilators

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 9

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are No clauses in Section D)

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 10

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 address: www.acquisition.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 INSPECTION AND ACCEPTANCE

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

E.3 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(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 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 --http://www.acquisition.gov/far/�

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 11

(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.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 12

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 address: www.acquisition.gov/far/.

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

The Contractor shall (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 no later than 420 calendar days. Includes time between Memorial and Labor Day where work will be suspended due to Visitor/Summer season. The time stated for completion shall include final cleanup of the premises.

F.3 CONTRACT TIME

ESTIMATED START DATE COMPLETION TIME

September 13, 2010 420 Calendar Days

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV

1996)

Within 3 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is to be determined.

F.5 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 13 delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 14

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 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.

o Imported Backfill- Pipe Zone o Special Bedding o Re-used components for lift station including but not limited to wet well, generator, transfer switch, and pulley system.

G.2 MEASUREMENT

Units of measurement shall be as indicated in the Schedules of Items.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 15

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.237.74 KEY PERSONNEL (FEB 1988)

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

(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 substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person 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.2 SITE INFORMATION AND LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

o Construction sites will be closed to the public during construction. The Contractor will be responsible for signing and limiting public access.

o All construction equipment shall be pressure washed before entering National Forest System lands. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

o Toilet facilities are not available at the site. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site with a minimum of one required.

H.3 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR and Idaho Department of Transportation. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). This website is:

http://mutcd.fhwa.dot.gov/ All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

http://mutcd.fhwa.dot.gov/�

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 16

H.4 WORK CAMPS, STAGING AND STORAGE AREAS

o Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers on site.

o Contractor shall maintain a clean camp and provide bear proof garbage containers of keep garbage inside secured enclosures so and not to entice bears into the area.

H.5 STORAGE OF FUEL AND OTHER TOXICANTS WITHIN RIPARIAN CONSERVATION

AREAS (RCA – WITHIN 300 FEET OF LIVE STREAM)

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer. A Spill Prevention & Containment Plan is required and shall be submitted to the Contracting Officer for approval prior to beginning construction. A sample plan form is available and can be obtained at the Pre-Work Meeting. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 17

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 address:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 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 (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records – Negotiation (JUN 1999) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 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) http://www.usda.gov/procurement/policy/agar.html�

RFP – AG-0261-S-10-0075 Redfish Lake Lift Station Project Page 18

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 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 (SEPT 2009) 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 (NOV 2006) 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 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JAN 2007) 52.244-6 Subcontracts for Commercial Items (JUN 2010)

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52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering -- Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(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) 452.236-73 Archeological or Historic Sites (FEB 1988) 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)

I.2 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

http://fedgov.dnb.com/webform�

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(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000)

These figures are estimated to be the maximum charges to be assessed because of a delay in completing the work within the contract time. Actual charges will probably not include the CO, COR and Inspector all working full time on the project, two per diem charges, etc.

CO (Morthland) cost per day $423 COR (Robnet) cost per day $423 Inspector (Rogers) cost per day $315

Per diem Lodging $70 + taxes $4 = $74 Subtotal $114/day x 2 people $228

Vehicle $0.22/mile x 154 miles + $8/day for one-way trip $ 42

Total daily charges $1,431

Admin cost to prepare and execute modification To extend time (one-time charge) $325

I.4 FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED

FOR DEBARMENT (MAY 2008)

(a) The Government suspends or debars Contractors to protect the Government’s interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

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(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following:

(1) The name of the subcontractor. (2) The Contractor’s knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, or proposed debarment.

I.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR

2010)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

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(A) The payment of a monetary fine or penalty of $5,000 or more;

or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

I.6 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. (2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.7 AGAR 416.203-4 CONTRACT CLAUSES

An economic price adjustment clause based on cost indexes of labor or material may be used under the conditions listed in FAR 16.203-4(d) after approval by the HCA and consultation with the Office of General Counsel prior to use of clause.

I.8 FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL

(JAN 1997)

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(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause.

The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule.

There shall be no adjustment for—

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the

Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to…