Lost_Foster_RFQ.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 39

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-0356-S-13-0010 06/6/2013 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) East Side Acquisition Team Attn: Lori Austad 2880 Skyway Dr.

Helena, MT 59602

See Schedule

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

Lori Austad, Contracting Officer

495-3707

9. DESTINATION

Kendra Bull , COR 406 683-3962 a. NAME OF CONSIGNEE

8. TO: See Schedule

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

June 26, 2013 4:30 P.M. MDT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

Lost-Foster Trail Construction & Reconditioning

Beaverhead-Deerlodge National Forest

Contractor Please Provide the Following:

DUNS #____________________________

FEDERAL ID #______________________

NAICS: 237990

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

XXXXX

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

CONSTRUCTION RFQ AG-0356-S-13-0010

Beaverhead -Deerlodge National Forest Lost-Foster Trail Construction and Reconditioning

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Lost-Foster Trail Construction and Reconditioning

ITEM A

Measurement ITEM Unit ITEM A ITEM No. Description Method Unit A Price Total Cost 15101 Mobilization LSQ LS 1 15102 Equipment Washing LSQ LS 1 15201 Stake Refreshing LSQ LS 1 15202 Stake Cleanup LSQ LS 1

20302 Remove and Dispose of Structure AQ EA 2

20403 Drain Dip AQ EA 15 20404 Ditch DQ LF 100 20428 Rock Crib Bridge Approach AQ LF 140 30301 Trail Reconditioning DQ LF 3375 5570234 34-foot Bridge AQ EA 1 5770240 40-foot Bridge AQ EA 1 63302 8-foot x 6-inch Post AQ EA 1 63304 Directional Sign AQ EA 1

ITEM B

Measurement ITEM Unit ITEM B ITEM No. Description Method Unit B Price Total Costs 15101 Mobilization LSQ LS 1 15102 Equipment Washing LSQ LS 1 15201 Stake Refreshing LSQ LS 1 15202 Stake Cleanup LSQ LS 1 20101 Clearing and Grubbing DQ LF 4355 20401 Excavation DQ LF 4355 20403 Drain Dip AQ EA 10 20407 Waterbar AQ EA 10 20422 Rock or Log Turnpike AQ LF 60 20450 Shallow Stream Ford AQ EA 2 30301 Trail Reconditioning DQ LF 11670 30310 Clean Pipe Inlet and Outlet AQ EA 1 60212 12-inch Polyethylene Pipe AQ LF 12 62201 Excavator Hour AQ HR 2 63302 8-foot x 6-inch Post AQ EA 1 63304 Directional Sign AQ EA 1

Lost-Foster Trail Construction and Reconditioning

ITEM C

Measurement ITEM Unit ITEM C ITEM No. Description Method Unit C Price Total Costs 15101 Mobilization LSQ LS 1 15102 Equipment Washing LSQ LS 1 15201 Stake Refreshing LSQ LS 1 15202 Stake Cleanup LSQ LS 1 20101 Clearing and Grubbing DQ LF 15520 20401 Excavation DQ LF 13400 20403 Drain Dip AQ EA 2 20407 Waterbar AQ EA 10 20422 Rock or Log Turnpike AQ LF 139 20430 Switchback AQ EA 1 20450 Shallow Stream Ford AQ EA 3 20501 Rock Excavation DQ LF 2120 30301 Trail Reconditioning DQ LF 960 60212 12-inch Polyethylene Pipe AQ LF 30 63302 8-foot x 6-inch Post AQ EA 11 63304 Directional Sign AQ EA 5

Summary of Estimated Quantities TOTAL $___________________

Please Bid on All Items to be Considered

All of the systems mentioned below have migrated to the System for Award Management (SAM) http://www.sam.gov

Central Contractor Registration (CCR), Online Representations and Certifications Application (ORCA), Federal Agency Registration (FedReg), and the Excluded Parties List System (EPLS).

You will need to create a new username and password to access the system, as your previous CCR, FedReg, ORCA and EPLS passwords will not work in SAM. This system is free.

For questions please contact your local Procurement Technical Assistance Center

(PTAC).

Contractor’s that have already created their username and password in SAM can ignore this message.

http://www.sam.gov/

SECTION C – DESCRIPTION/SPECIFICATIONS

Scope of Contract

C-1 – Project Description and Location

Description of Work. The project includes the construction and reconditioning of Lost Creek Trail No.

8133 from the Lost Creek State Park Campground and Trailhead to Foster Creek Trail No. 8045. Work items include the complete construction of two large trail bridges, clearing and grubbing, turns, drainage structures, sign and bulletin board installation, and stream rehabilitation work. Stake refreshing and cleanup are required in this contract. The project is located in rocky soil. Rock blasting is expected to occur in ITEM C.

Project Location and Directions. Lost-Foster is just north of Anaconda. Located in Deer Lodge, County To access this project travel east out of Anaconda and look for the Lost Creek State Park Signs, the junction is right after the town. Turn left onto County Route 273, travel approximately 2 miles and turn left following the signs to the Lost Creek State Park Campground and Trailhead. Drive through the campground and park near the gate at the end of the campground, or in the trailhead parking. The work starts about a mile behind the gate. There is no sign at the beginning of the trail. Look for pink/black striped flagging and stakes. You can access this project in a passenger car.

There is an additional access from the Foster Creek side that requires 4-wheel drive, call for directions.

(a) Site Visit: No formal site visit is planned. Please contact Kendra Bull, 406.683.3962 for more information.

(b) Price Range of Project:

The price of these combined bid items is estimated between $25,000 and $150,000.

(c) Start Work:

It is anticipated that work will begin no later than July 1, 2013.

(d) Period Of Performance:

Work must be completed by September 30, 2013. The Contractor shall maintain progress at a rate that will assure completion of work within the time specified above.

(e) Government Furnished Property:

None.

C-2-Operations

Use of Premises and Camping. Contractors are expected to keep a clean camp at all times and adhere to proper food storage. Camping will be allowed in close proximity to the work. Leave No Trace, LnT, ethics shall be strictly enforced. Visit the Leave No Trace website for more information at

Lost-Foster Trail Construction and Reconditioning http://www.lnt.org/programs/principles.php. The Contracting Officer’s Representative or Inspector will inspect the Contractor’s camp as part of the final inspection. Bears frequent the area and proper food storage is recommended but not required. No camping in the Lost Creek State Park Campground shall be permitted.

Tools and Equipment. All tools and equipment shall be furnished by the contractor. Excavators shall be limited to a maximum 39-inch track width. 2-wheeled motor vehicles are allowed for construction purposes only, such as transportation of employees and materials, no more than three trips per day is allowed on Lost Creek Trail No. 8133. A trip is up and back. 3 and 4-wheeled vehicles are not allowed on Lost Creek Trail No. 8133. When not on site, keep valuable tools hidden from the trail.

Restoration by Contractor

All areas disturbed by the Contractor's operations, such as, but not limited to, staging areas, shall be restored by replacing topsoil and grading to the original contours, as set forth in the Contract Documents. The cost of all work necessary for site restoration shall be included in the Contract Price, and no additional compensation shall be provided

Subcontractors. All subcontractors need to be identified by the time of the pre-work, and must be approved prior to the issuance of the Notice to Proceed. Contractors shall bring the SF 1413 to the pre-work conference for each subcontractor.

C-3 – Drawings

The following drawings are a part of this solicitation and any resulting contract:

The following drawings are a part of this solicitation and any resulting contract:

Cover Sheet 1 Vicinity Map 2 Summary of Quantities and Notes 3-4 Trail Log 5-8 Trail Typicals 9-24 http://www.lnt.org/programs/principles.php

C-4- Specifications

The following specifications are a part of this solicitation and any resulting contract:

Contents DIVISION 100 ............................................................................... GENERAL REQUIREMENTS Error!

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Section 101. – TERMS, FORMAT, AND DEFINITIONS ... Error! Bookmark not defined.

Section 103. — SCOPE OF WORK ...................................... Error! Bookmark not defined.

Section 104. — CONTROL OF WORK ............................... Error! Bookmark not defined.

Section 105. — CONTROL OF MATERIAL ....................... Error! Bookmark not defined.

Section 106. — ACCEPTANCE OF WORK ........................ Error! Bookmark not defined.

Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Error!

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Section 109. — MEASUREMENT AND PAYMENT ......... Error! Bookmark not defined.

DIVISION 150 ................................................................................. PROJECT REQUIREMENTS Error!

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Section 151. — MOBILIZATION ........................................ Error! Bookmark not defined.

Section 152. — CONSTRUCTION SURVEY AND STAKINGError! Bookmark not defined.

Section 156. — PUBLIC TRAFFIC ...................................... Error! Bookmark not defined.

DIVISION 200 ........................................................................................................ EARTHWORK Error!

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Section 201. — CLEARING AND GRUBBING .................. Error! Bookmark not defined.

Section 203. — REMOVAL OF STRUCTURES AND OBSTRUCTIONSError! Bookmark not defined.

Section 204. — EXCAVATION AND EMBANKMENT .... Error! Bookmark not defined.

Section 205. — ROCK BLASTING ...................................... Error! Bookmark not defined.

Section 207. — EARTHWORK GEOTEXTILES ................ Error! Bookmark not defined.

Section 209. — STRUCTURE EXCAVATION AND BACKFILLError! Bookmark not defined.

Section 211. — TRAILWAY OBLITERATION .................. Error! Bookmark not defined.

DIVISION 250 ................................... SLOPE REINFORCEMENT AND RETAINING WALLS Error!

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Section 254. — CRIB WALLS ............................................. Error! Bookmark not defined.

DIVISION 300 ...................................................................................... AGGREGATE COURSES Error!

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Section 303. — TRAIL RECONDITIONING ...................... Error! Bookmark not defined.

DIVISION 550 .................................................................................. BRIDGE CONSTRUCTION Error!

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Section 557. — TIMBER STRUCTURES ............................ Error! Bookmark not defined.

Section 563. — PAINTING ................................................... Error! Bookmark not defined.

DIVISION 600 ........................................................................ INCIDENTAL CONSTRUCTION Error!

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Section 602. — CULVERTS AND DRAINS ....................... Error! Bookmark not defined.

Section 620. — ROCK STRUCTURES ................................ Error! Bookmark not defined.

Section 622. — RENTAL EQUIPMENT .............................. Error! Bookmark not defined.

Lost-Foster Trail Construction and Reconditioning

Section 633. — PERMANENT TRAFFIC CONTROL ........ Error! Bookmark not defined.

Section 635. — TEMPORARY TRAFFIC CONTROL........ Error! Bookmark not defined.

DIVISION 700 .......................................................................................................... MATERIALS Error!

Bookmark not defined.

Section 704. — SOIL ............................................................. Error! Bookmark not defined.

Section 705. — ROCK .......................................................... Error! Bookmark not defined.

Section 706. — CONCRETE AND PLASTIC PIPE ............ Error! Bookmark not defined.

Section 708. – PAINT, STAIN AND PRIMER .................... Error! Bookmark not defined.

Section 714. — GEOTEXTILE AND GEOCOMPOSITE DRAIN MATERIALError! Bookmark not defined.

Section 716. — MATERIAL FOR TIMBER STRUCTURESError! Bookmark not defined.

Section 718. — TRAFFIC SIGNING AND MARKING MATERIALError! Bookmark not defined.

Section 725. — MISCELLANEOUS MATERIAL............... Error! Bookmark not defined.

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.

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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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) Federal Acquisition Regulation (FAR) Home Page

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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) Federal Acquisition Regulation (FAR) Home Page

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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 30 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 September 30, 2013. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) https://www.acquisition.gov/Far/

Lost-Foster Trail Construction and Reconditioning

A post award conference with the successful offeror is required The conference will be held at a place and time to be determined.

GOVERNMENT-FURNISHED PROPERTY

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H-2 Noxious Weed Control

This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: (1) a project or jobsite, (2) a county, (3) two or more counties, or (4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

To help stop the spread of weed seeds, this work will require the Contractor to wash his equipment and support vehicles prior to entering the weed management district. The equipment and support vehicles shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris from the machine. Before moving the equipment to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

H- 3 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

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

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

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

Lost-Foster Trail Construction and Reconditioning

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

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

Lost-Foster Trail Construction and Reconditioning

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): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52-212-1 Instructions to Offerors Commercial Items (FEB 2012 52.212-2 Evaluation—Commercial Items (JAN 1999) 52.212-3 Offeror Representations and Certifications Commercial Items (FEB 2012) 52.212-4 Contract Terms and Conditions—Commercial Items (FEB 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (JAN 2013) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 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) 52.222-20 Walsh-Healy Public Contracts Act (OCT 2010) (Applicable if contract exceeds $15,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) (Applicable if contract exceeds $10,000) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009)

Lost-Foster Trail Construction and Reconditioning

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (MAY 2012) http://www.biopreferred.gov/DesignationItemList.aspx

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

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002) 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) Alternate I (DEC 1991) 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) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (APRIL 2012) 52.245-9 Use and Charges (APRIL 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) http://www.biopreferred.gov/DesignationItemList.aspx

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (MAY 1998)

(Applicable if contract is over $30,000) 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 (OCT 2009)

I.2 52.204-7 Central Contractor Registration (DEC 2012)

(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

Lost-Foster Trail Construction and Reconditioning 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.

(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.

http://fedgov.dnb.com/webform

Lost-Foster Trail Construction and Reconditioning

(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;

(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.

Lost-Foster Trail Construction and Reconditioning

(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 FAR 52.219-28 Post-Award Small Business Program Representation (APR 2012)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

http://www.ccr.gov/ http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code _237990___________assigned to contract number_AG-0356 -C-13-______.

[Successful Contractor to sign and date at pre-work meeting and insert authorized signer’s name and title]. __________________ ____________________

I-4 FAR 52.225-9 Buy American Act--Construction Materials (SEP 2010)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, ad defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction materials.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components

Lost-Foster Trail Construction and Reconditioning of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

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

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

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

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I-5 FAR 52.228-13 Alternative Payment Protections (JULY 2000) (Applicable to Contracts

>$30,000 but < $150,000)

(a) The Contractor shall submit one of the following payment protections after contract award:

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I-6 AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

Lost-Foster Trail Construction and Reconditioning

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

I-7 FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J-1- Attachment 1 – MAPS, PLANS & DRAWINGS (24 pages) Attached Separately

SHEET NO. DESCRIPTION

1 Cover Sheet 2 Project Map 3 Summeries of Quanities and Notes 4 Bridge Notes

5-8 Item A, B & C Lost Trail NO. 8133 4 Pages 9 Illustration of Trail Structure Terms 10 Clearing & Grubbing Item 20101 11 Excavation Item 20401 12 Ditch and Culvert Items 20404 & 60212 13 Dip & WaterBar Items 20403 & 20407 14 Rock Turnpike Items 20420 & 20428 15 Bridge Approach Item 20428 16 Switchback Item 20430 17 Shallow Stream Ford Item 20450 18 Trail Reconditioning Item 30301 19 Trail Bridge Items 20428,55734 & 55740 20 Curb and Bearing Shoe Details Items 55734 &

55740 21 Handrail & Diaphragm Details Items 55734 &

55740 22 Post Item 63302

23-24 Directional Signals Item 63304 2 Pages

J-2- Attachment 2– Wage Determination – MT20120076 04/26/2013 MT76 (6 pages)

J-3- Attachement 3- Experience Quetionnaire (Included) – (2 pages)

J-4 Exhibit A- 52 Pages Attached Separately

Lost-Foster Trail Construction and Reconditioning

J.2

General Decision Number: MT130076 04/26/2013 MT76

Superseded General Decision Number: MT20120076

State: Montana

Construction Type: Heavy

Counties: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Meagher, Powell, Silver Bow and Yellowstone National Park Counties in Montana.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 01/04/2013 1 02/22/2013 2 03/08/2013 3 04/05/2013 4 04/26/2013

BRMT0001-004 06/01/2011

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERON, MADISON, POWELL, AND

SILVER BOW COUNTIES

Rates Fringes

BRICKLAYER.......................$ 25.74 11.69

BRMT0005-002 06/01/2011

GALLATIN COUNTY

Rates Fringes

BRICKLAYER.......................$ 26.06 11.35

BRMT0006-005 06/01/2011

BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL

PARK COUNTIES

BRICKLAYER.......................$ 26.06 11.35

ELEC0044-003 06/01/2012

LINE CONSTRUCTION

Lost-Foster Trail Construction and Reconditioning

(1) Lineman.................$ 39.45 4.75%+11.51

ELEC0233-018 01/01/2013

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL,

AND SILVER BOW COUNTIES

ELECTRICIAN......................$ 27.15 2%+11.68

ELEC0233-020 01/01/2013

BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES

Rates Fringes

ELECTRICIAN......................$ 28.61 2%+10.51

ELEC0322-003 06/01/2012

YELLOWSTONE NATIONAL PARK

Rates Fringes

ELECTRICIAN......................$ 27.53 10.96

ENGI0400-009 05/01/2012

Rates Fringes

POWER EQUIPMENT OPERATOR:

(Zone 1)

(1) A-frame truck Crane, oiler (except crane).......$ 23.47 10.40

(2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction).................$ 23.94 10.40

(3) Mechanic, Scraper.......$ 24.34 10.40

(4) Cranes, 25 tons - 44 tons........................$ 25.00 10.40

(5) Cranes, 45 tons to and incl. 74 tons...............$ 25.50 10.40

(6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...............$ 26.60 10.40

(7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or

Derrick; Helicopter Hoist; Crane, Tower (all)...$ 27.10 10.40

ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:

Lost-Foster Trail Construction and Reconditioning

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL,

MISSOULA

Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50

* IRON0732-018 06/01/2012

Rates Fringes

IRONWORKER: Reinforcing and Structural.......................$ 26.00 18.63+a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's DAy, Thanksgiving Day, Day following Thanksgiving, and Christmas Day.

LABO1686-011 05/01/2012

Rates Fringes

LABORER

(2) Mason Tender............$…