GALENA RECONSTRUCTION AG-0267-S-09-0015.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)

284220

SW IDAHO NEVADA ACQUISITION CENTER

ATTN KAREN MORTHLAND

1249 S 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

284220 x 06/08/2009

AG-0267-S-09-0015

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

GALENA OVERLOOK RECONSTRUCTION PROJECT ON THE SAWTOOTH SNRA

RFP AG-0267-S-09-0015

ESTIMATED PRICE RANGE: BETWEEN $100K AND $250K

RETURN YOUR PROPOSAL TO THE ADDRESS IN BLOCK 7 OF SF-1442

SEE SECTION L.3 AND SECTION M FOR SUBMITTAL DOCUMENTS INFORMATION

CONTRACTOR MUST BE REGISTERED IN CCR AND ORCA PRIOR TO AWARD

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 60 calendar days and complete it within ________________ ________________ calendar days after receiving

07/07/2009

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)

THIS IS A 100% HUBZONE 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 S 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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 87

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0267-S-09-0015

Galena Overlook Reconstruction Project

FOB: Destination

Period of Performance: 08/03/2009 to 10/01/2009

001 Galena Overlook Reconstruction

(Government Furnished Property)

Product/Service Code: Z291

Product/Service Description: MAINT-REP-ALT/RECREA

NON-BLDG STRUC

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 4

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

NOTICE TO OFFERORS

1-3

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS 6-8

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9-10

SECTION D - PACKAGING AND MARKING 11

SECTION E - INSPECTION AND ACCEPTANCE 12-13

SECTION F - DELIVERIES OR PERFORMANCE 14-15

SECTION G - CONTRACT ADMINISTRATION DATA 16

SECTION H - SPECIAL CONTRACT REQUIREMENTS 17-18

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 19-35

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS 36

GENERAL WAGE DETERMINATION NO. 20080012 37-45

GENERAL WAGE DETERMINATION NO. 20080015 46-65

TITLE PAGES FOR SUPPORT DOCUMENTS 66-68

FIRE PRECAUTIONS 69-70

PART IV - REPRESENTATIONS AND CERTIFICATIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

71-72

SECTION L - INSTRUCTION, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

73-79

SECTION M - EVALUATION FACTORS FOR AWARD

CERTIFICATE OF VERIFICATION OF WORKERS COMP. INS.

SF-24 BID BOND

80-87

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 5

NOTICE OF OFFERORS

STATE OF IDAHO CERTIFICATE OF VERIFICATION

OF WORKER’S COMPENSATION INSURANCE

Read thoroughly before completing form

WHAT ARE THE WORKERS’ COMPENSATION REQUIREMENTS?

The Idaho Workers’ Compensation Law requires that employers who hire one or more, either full or part-time employees, to perform work in the State of Idaho, carry workers compensation insurance unless specifically exempted. Failure to comply could result in monetary penalties as well as an injunction to prohibit the employer from operating the business.

kers’ compensation insurance for employees is a misdemeanor under Idaho Law. Failure to carry wor

WHO MUST COMPLETE THIS FORM?

Any person, partnership, limited liability company, corporation or firm who is bidding on a contract for the United States Department of Agriculture/Forest Service (USFS) for work that is within the State of Idaho and who has been notified by contract. the USFS that he/she/it has been selected for a USFS

WHEN MUST THE FORM BE COMPLETED?

The form must be completed and forwarded to one of the Industrial Commission offices when you are notified by the USFS that you have been selected for a USFS contract. The approval of the Industrial Commission is required prior to the final award.

ADDITIONAL COMMENTS:

Failure to complete any part of the form that is applicable to your operations could result in a delay in processing.

If any of the work is to be performed by sub-contractors, each sub-contractor must obtain and complete a Certificate of s Compensation Insurance. Verification of Worker’

If your business is a partnership, limited liability company or corporation, each partner/member/corporate officer must where designated. sign the form

You m ust submit a separate verification form for each contract awarded.

ONCE THE BIDDER HAS COMPLETED AND SIGNED THE FORM, FAX, MAIL, OR DELIVER IT TO THE APPROPRIATE INDUSTRIAL COMMISSION OFFICE. IF YOU HAVE ANY QUESTIONS, CONTACT A COMPLIANCE

REPRESENTATIVE AT ANY OF THE FOLLOWING OFFICES:

North Idaho 1221 Ironwood Street, Suite 100

COEUR D'ALENE ID 83814

(208) 769-1565 or FAX (208) 769-1465

Southwest Idaho 317 Main Street

P 0 BOX 83720, BOISE ID 83720-0041

(208) 334-6032 or 1-800-950-2110 or FAX (208) 334-5145

Southeast Idaho 1070 Hiline, Suite 300

POCATELLO ID 83201

(208) 236-6366 or FAX (208) 236-6040

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 6

PART I—THE SCHEDULE

SCHEDULE OF ITEMS

SAWTOOTH SNRA GALENA RECONSTRUCTION PROJECT

ITEM

NO. DESCRIPTION

METHOD

OF MEAS UNIT

QUANTI

TY

UNIT

PRICE

TOTAL

AMOUNT

Base Bid

010250

Construction Staking LSQ LS

1 $ XXXXX $

011900 Mobilization LSQ LS 1 $ XXXXX $

024102 Removal and Disposal of Existing Structures

LSQ LS 1 $ XXXXX $

029020 Rockery Retaining Wall (Sidewalk Support – Government Furnished)

AQ SF 220 $ $

033000-1 Concrete – Sidewalks/Plaza (4” Thick, Colored/Stamped, Includes Thickening for Railing)

AQ SY 476 $ $

033000-2 Snow Pole Sleeve AQ EA 10 $ $

033000-3 Concrete Curb and Gutter AQ LF 371 $ $

033000-4 Catch Basin and Grate AQ EA 2 $ $

033000-5 Concrete Stairs (Plaza Stairs) LSQ LS 1 $ XXXXX $

033000-6 Concrete Retaining Wall (Plaza Foundation)

LSQ LS 1 $ XXXXX $

047000-1 Manufactured Masonry (Plaza Parapet Walls)

LSQ LS 1 $ XXXXX $

055210-1 Tubular Steel Guard Rail (Plaza Parapet Wall Over Cap Stones)

AQ LF 165 $ $

055210-2 Tubular Steel Guard Rail (Along Sidewalk)

AQ LF 235 $ $

055210-3 Hand Rail (Plaza Stairs) AQ LF 8 $ $

055210-4 Hand Rail (Plaza Ramps) AQ LF 90 $ $

101400 Regulatory Signs AQ EA 6 $ $

312000 Earthwork LSQ LS 1 $ XXXXX $

312010 Select Borrow (Plaza and Sidewalk – Imported Government Source)

VQ CY 60 $ $

321200-1 Hot Mix Asphalt (3/8” Minus Aggregate)

AQ Ton 30 $ $

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 7

321204-1

Crushed Aggregate Base – Grading “C” (Under Asphalt Parking Extension, Curb and Gutter and Sidewalks, Excludes Concrete Islands)

DQ CY 110 $ $

321206 Loose Rock Riprap (Government Source)

DQ CY 2 $ $

322640-1 Road and Parking Striping – 4-Inch Wide (Reflectorized White)

AQ LF 367 $ $

322640-2 Accessible Symbol (Reflectorized White)

AQ EA 1 $ $

332228 Galvanized Culvert – 12-inch Corrugated Metal Pipe (16 gage, 2 2/3” x ½” Corrugations)

AQ LF 45 $ $

TOTAL BASE

$ XXXXX $

OPTION #1: Colored Concrete Parking Lot Islands

024102-2 Removal and Disposal of Existing Structures (Sawcut and Remove Asphalt for Islands)

LSQ LS 1 $ XXXXX $

033000-7 Concrete – Parking Islands (6” Thick Reinforced, Colored/Stamped)

AQ SY 267 $ $

321200-2 Hot Mix Asphalt (3/8” Minus Aggregate)

AQ Ton 9 $ $

321204-2 Crushed Aggregate Base – Grading “C” (Under Concrete Islands and Patching Around Islands)

DQ CY 55 $ $

TOTAL OPTION #1 $ XXXXX $

OPTION #2: Major Site Identification Sign (Granite/HDPE)

101416 Major Site Identification Sign (Granite/HDPE)

AQ EA 1 $ $

TOTAL OPTION #2 $ XXXXX $

OPTION #3: Site Furnishings (Plaza Manufactured Benches)

129400 Site Furnishings (Plaza Manufactured Benches)

AQ EA 5 $ $

TOTAL OPTION #3 $ XXXXX $

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 8

OPTION #4: Hot Mix Asphalt Overlay

321200-3 Hot Mix Asphalt (3/8” Minus Aggregate)

AQ Ton 150 $ $

TOTAL OPTION #4 $ XXXXX $

OPTION #5: Crack Seal

321203 Crack Seal AQ LF 200 $ $

TOTAL OPTION #5 $ XXXXX $

OPTION #6: Paint Stripe Parking Lot Islands

322640-3 Parking Lot Island Striping – 4 –Inch Wide (Reflectorized White)

AQ LF 1,700 $ $

TOTAL OPTION #6 $ XXXXX $

OPTION #7: Hot Mix Asphalt Overlay (Parking Lot Island Areas)

321200-4 Hot Mix Asphalt (3/8” Minus Aggregate)

AQ Ton 26 $ $

TOTAL OPTION #7 $ XXXXX $

OPTION #8: Viewing Scope and Stands

126600-1 Viewing Scope (w / Accessible Base) AQ EA 1 $ $

126600-2 Viewing Scope (w / Standard Base) AQ EA 1 $ $

TOTAL OPTION #8 $ XXXXX $

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 9

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project consists of reconstructing the Frank and Bethine Church Overlook (Galena Overlook) located on the Sawtooth Scenic Byway (state highway 75) in the Sawtooth National Recreation Area on the Sawtooth National Forest. The work shall include: demolition and disposal (or salvage) of existing facilities (plaza concrete, retaining walls, parapet walls and mortared stone, restroom, water and sewer line, signs, bulletin boards, barrier rocks, etc.); preserving and protecting existing vegetation on the site, saw cutting and removing sections of the existing asphalt surface parking areas;

patching and extending select areas of the parking lot; overlaying the existing parking lot, parking stalls, and parking areas; constructing new colored stamped concrete islands; constructing new curb and gutter with catch basins; constructing a new colored stamped concrete overlook plaza with parapet/retaining walls, ramps, sidewalks, stairs and site furnishings (benches, viewing scopes, guard rails and railings); constructing other site features such as: traffic control signs, paint striping, retaining walls, and parapet wall site I.D. sign.

Salvaged barrier rocks and other items as identified by the Contracting Officer (CO) shall be hauled to the Pole Creek storage area (approximately 10 miles from the project site; 7 miles north on state highway 75 then 3 miles east on road 194).

The base project and the optional items are identified in the schedule of items. The drawings and specifications provide more definition of the work required under each work item. The Contractor must bid on the base project and all option items. The government reserves the right to award any and all option items.

Bid options:

Option 1: Colored Concrete Parking Lot Islands: Work includes sawcutting and removing existing asphalt in new concrete islands; constructing new colored/stamped concrete islands; asphalt patching around islands; and new aggregate base.

Option 2: Major Site identification sign (Granite/HDPE): Work includes fabricating sign, etching lettering into sign and mounting sign.

Option 3: Site Furnishings (Plaza Manufactured Benches): Furnish and install manufactured benches.

Option 4: Hot Mix Asphalt Overlay: Work includes placing a 1.5-inch (compacted thickness) asphalt overlay over the entire existing parking pullout (excludes area for new concrete islands).

Option 5: Crack seal: Work includes crack sealing the existing asphalt parking pullout.

Option 6: Paint Stripe Parking Lot Islands: Work includes paint striping the parking lot islands (4” wide white, if concrete islands are not awarded).

Option 7: Hot mix asphalt overlay (parking lot island areas): Work includes placing a 1.5-inch (compacted thickness) asphalt overlay over the location where the new concrete islands are shown (if concrete islands are not awarded).

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 10

Option 8: Viewing Scope and Stands: Furnish and install 2 viewing scopes; one angled/accessible post and one straight/standard post.

C.2 PROJECT LOCATION

Galena Overlook is part of the Sawtooth scenic byway located on state highway 75 approximately 28 miles north of Ketchum, Idaho and approximately 30 miles south of Stanley, Idaho.

C.3 ESTIMATE PRICE RANGE: between $100,000 and $250,000

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 SPECIFICATIONS

The following specifications are attached. Measurement and payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental and included in the payment for those items.

010250 CONSTRUCTION STAKING

011250 MEASUREMENT AND PAYMENT WITH ASPHALT

011900 MOBILIZATION

013300 SUBMITTAL PROCEDURES

014100 QUALITY CONTROL

023701 SEDIMENT AND EROSION CONTROL MEASURES

024100 WASTE MATERIAL DISPOSAL

024102 REMOVAL, DISPOSAL, & SALVAGE OF EXISTING CONSTRUCTED FEATURES

029020 RETAINING WALL

033000 CAST-IN-PLACE CONCRETE

047000 MANUFACTURED MASONRY

055210 PIPE RAILINGS

062040 CARPENTRY (PILASTER FRAMING)

099113 EXTERIOR PAINTS AND COATINGS

101400 SIGNS

101416 MAJOR SITE IDENTIFICATION (GRANITE / HDPE) SIGN

126600 TELESCOPING STANDS

129400 SITE FURNISHINGS

311000 CLEARING AND GRUBBING

312000 EATHWORK

312010 SELECT BORROW

321200 HOT MIX ASPHALT PAVING

321203 CRACK SEAL

321204 CRUSHED AGGREGATE BASE OR SURFACE COURSE

321206 LOOSE ROCK RIPRAP

322640 PAVEMENT MARKING

332228 CULVERT PIPE AND PIPE ARCHES

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 11

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 12

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 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.

http://www.arnet.gov/far/

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 13

(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.

E.3 INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 14

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): www.arnet.gov/far/

F.2 FAR 52.211-10 Commencement, Prosecution, And Completion Of Work (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 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 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, 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.

F.4 CONTRACT TIME

Estimated Start Date: Contract Time:

August 3, 2009 60 Calendar Days

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 15

F.5 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.

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 16

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.

The following is a list of government furnished materials:

Select borrow, barrier rocks and loose rock riprap

AG-0267-S-09-0015, Galena Overlook Reconstruction Page 17

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 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:

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

(b) Electrical Utilities are not available at the site for construction purposes. The Contractor will be responsible for providing power to the site and coordinating the installation of temporary power for the site and the cost for the service. Existing water at the site may be used for construction purposes.

(c) The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work for employee use. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site.

(d) All construction equipment shall be pressure washed before entering the Site. The removal of mud and debris from treads, 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. Provide the Contracting Officer the opportunity to inspect the equipment for compliance prior to unloading the equipment at the site. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

(e) Contractor will provide all materials and labor necessary to protect streams, wet or dry, and prevent erosion during construction activities. The Contractor will be required to submit a sediment and erosion control plan and receive approval from the COR, in writing, prior to the beginning of construction.

(f) No fuel storage on site is permitted. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.

(g) Contractor shall ensure preservation and protection of all existing vegetation on the project site

(i.e. Whitebark Pine, Quaking Aspen, etc.) unless otherwise identified for removal by the contracting officer.

H.2 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). 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.

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H.3 WORK CAMPS, STAGING AND STORAGE AREAS

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 (work or housing) on site. One trailer may be allowed for overnight camping on site.

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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):

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

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) 52.209-6 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) 52.222-3 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 (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 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) http://www.usda.gov/procurement/policy/agar.html

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52.222-50 Combating Trafficking in Persons (SEP 2007) 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 (FEB 1992) 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)

Alternate I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 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)

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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 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) http://fedgov.dnb.com/webform

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(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;

(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 $376 COR (Kimball) cost per day $370 Inspector (Duchow) cost per day $370

Per diem Lodging $60 + taxes $7 = $67 Subtotal $98/day x 2 people $196

Vehicle $0.22/mile x 154 miles + $8/day for one-way trip $ 42 http://www.ccr.gov/

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Total daily charges $1,354

Admin cost to prepare and execute modification To extend time (one-time charge) $300

I.4 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.5 FAR 52.216-4, Economic Price Adjustment—Labor and Material (Jan 1997) (Deviation)

(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.

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(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 the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all contract line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 15 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

I.6 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.

I.7 FAR 52.217-6 Option for Increased Quantity The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

I.8 FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item.

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.9 FAR 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

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