AG-0398-S-17-0007_Solicitation.pdf
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AG-0398-S-17-0007 - Full Solicitation, Sections B-M and Attachments J-1, J-2, J-3
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| Hyalite_Chipseal_Amend_1-0007.pdf | ||
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| AG-0398-S-17-0007_SF1442_Hyalite_Chipseal.pdf | ||
| J-4_HyaliteRoadChipseal_Plans.pdf | ||
| J-5_HyaliteRoadChipseal_Map.pdf |
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AG-0398-S-17-0007
Hyalite Canyon Road #62 Chip Seal
Bozeman Ranger District, Custer Gallatin National Forest
PART I - THE SCHEDULE
SECTION B - SERVICES AND PRICES
HYALITE CANYON ROAD #62 CHIP SEAL
BOZEMAN RANGER DISTRICT, CUSTER GALLATIN NATIONAL FOREST
GALLATIN COUNTY, MONTANA
B- 1 - BID SCHEDULE
BASE – Hyalite Canyon Road with associated paved wide spots and paved turnouts. The Orientation Site at mm 2.02 is NOT included in the base.
Item Number Description M
M Unit Quantity Unit Price
Total Price
151(01) Mobilization LS EA. 1 $ $
409(01) Asphalt Surface Treatment Aggregate, Grading D, Table 703-7 AQ SQ.YD. 144,925 $ $
409(02) Emulsified Asphalt Prime Coat, Grade CRS-2P AQ TON 290 $ $
634(01) Pavement Markings, Type A, Double Centerline Stripe, Yellow CQ LF 51,375 $ $
634(02) Pavement Markings, Type A, Edge Stripe, White CQ LF 102,750 $ $ 635(01) Traffic Control LS EA. 1 $ $ 635(02) Temporary Raised Centerline Markings CQ MI. 9.73 $ $
Total $
ADDITIVE #1 - Hyalite Road Pavement Repairs, 4 Sites
M Unit Quantity Unit Price
Total Price
151(01) Mobilization LS EA. 1 $ $
301(01) Road Mix Base, Grading D, Compaction 95%, AASHTO T-99 CQ CY. 327 $ $
209(01) Select Borrow, 704.07, Compaction 95%, AASHTO T-99 CQ CY. 526 $ $
209(02) Permeable Backfill, Table 703-1 CQ CY. 316 $ $ 404(01) Minor Hot Asphalt Concrete CQ TON 422 $ $
605(01) 6” Polyethylene Drain Pipe, Perforated CQ LF 350 $ $
622(01) Equipment Rental Dozer AQ HR. 40 $ $ 622(02) Equipment Rental Excavator AQ HR. 40 $ $ 622(03) Equipment Rental Dump Truck AQ HR. 16 $ $ 635(02) Traffic Control LS EA. 1 $ $ 714(01) Geotextile, Type III-B CQ SQ.YD. 3,900 $ $
ADDITIVE #2 - Paved Trailheads/Parking Areas/Campground – Chip Sealing on the following sites:
Orientation Site, Moser Road and Parking, Langohr Campground, Lick Trailhead, Gauging Station Parking, History Rock Trailhead, Blackmore Parking, Hyalite Day Use Area. Also includes Langohr Campground pavement repair and Orientation Site and Hyalite Day Use Striping.
M Unit Quantity Unit Price
Total Price
151(01) Mobilization LS EA. 1 $ $ 301(02) Road Mix Base, Grading D, Compaction 95% CY EA. 39 $ $ 209(03) Select Borrow, 704.07, Compaction 95% CY EA. 55 $ $ 209(04) Permeable Backfill, Table 703-1 CY EA. 39 $ $ 404(02) Minor Hot Asphalt TON EA. 52 $ $
409(03) Asphalt Surface Treatment Aggregate, Grading D, Table 703-7 AQ SQ.YD. 26,596 $ $
409(04) Emulsified Asphalt Prime Coat, Grade CRS-2P AQ TON 53.5 $ $ 605(02) 6” Polyethylene Drain Pipe, Perforated LF EA. 20 $ $
634(03) Pavement Markings(Parking Bays), Type K, Yellow CQ LF 4,267 $ $
634(04) Pavement Markings, Handicap Zone, Type K, Blue CQ LF 150 $ $
634(05) Pavement Markings, Handicap Symbol, Type K, Blue CQ EA. 2 $ $
635(03) Traffic Control CQ SITE 8 $ $ 714(02) Geotextile, Type III-B CQ SQ.YD. 467 $ $
BASE + Additive 1 + Additive 2 = $_____________ + $______________ + $_____________ = $_____________
B-2 NOTES:
NOTE 1: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.
NOTE 2: Bidders MUST bid on ALL items. The Estimated Quantity multiplied by the Unit Price on each item must equal the Total Price to the penny. DO NOT ROUND UP OR DOWN! Add the Total Price column together and place your total bid in the Total $ space.
NOTE 3: Contractors bidding this contract shall be registered in the System for Award Management at www.SAM.gov.
NOTE 4: The pay items in the Schedule of Items may have suffixes that do not appear on the pay items in the specifications. They pertain only to sizes, classes, and/or types indicated in the item "Descriptions,” and are used by the Government for computer tabulation of bid schedules.
NOTE 5: Per FAR 36.204(e), the price range on this contract is “Between $500,000 and $1,000,000”.
NOTE 6: See Section L for Instructions to Bidders and Section M for Evaluation Factors.
NOTE7: An SF-24 Bid Bond is required in the amount of 20% of the proposed price or $200,000, whichever is less.
NOTE 8: Items in the bid schedule are listed in order of priority, Base = 1st, Additive 1 = 2nd, Additive 2 = 3rd http://www.sam.gov/
NOTE 9: Abbreviations used in Bid Schedule:
MM – Method of Measure LF – Lineal Foot EA – Each MI – Mile LS – Lump Sum Quantity SQ. YD. – Square Yard AQ – Actual Quantity DQ – Design Quantity
SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 PROJECT DESCRIPTION AND LOCATION
(a) Scope of Contract Work will consist of bituminous surface treatment and aggregate placement (chip sealing) on all existing paved roads, campgrounds, turnouts, parking areas, and trailheads/parking areas. Road centerline and edge striping, along with parking bay striping, are also included.
Four sections of pavement repair are incorporated in Additive #1 and one section in Additive #2. These involve removing the existing asphalt, excavating and removing unsuitable material to the required depths and then reconstructing the foundation and pavement structures at those sites.
The contractor will furnish all labor, equipment, transportation, supervision, operating supplies, materials and incidentals necessary to complete the project as awarded. All work and equipment shall be in compliance with the terms, specifications, and provisions of this contract. All equipment shall be in good mechanical operating condition, fully capable of performing all phases of work as required, and shall be operated by competent, qualified operators experienced in the work.
(b) Project Location The project is located 7.5 miles south of Bozeman, MT. in the Hyalite Creek drainage on the Bozeman Ranger District of the Gallatin National Forest, Hyalite Creek Road #62. See attached map for project location.
Project start is at Milepost 0.54(first cattleguard) on Hyalite Road, end is Milepost 10.27(end of pavement).
All additives are located along and adjacent to the same Hyalite Road.
(c) Start of Work/Period of Performance It is estimated that the work will begin on July 17, 2017. Application of oil and chips shall be restricted to a period between July 17, 2017 and August 31, 2017. For the purposes of this contract, seasonal limitations will restrict work to no later than September 15, 2017. Seasonal temperatures may be more restrictive than contract period of performance.
The contractor shall be required to: 1) Commence work under this contract within 10 calendar days after the Notice to Proceed is received, 2) Prosecute the work diligently, and 3) Complete the entire project, ready for use, no later than September 30, 2017. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the Notice to Proceed by July 17, 2017 for the base contract. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the Notice to Proceed, except to the extent that the delay in issuance of the Notice to Proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
NOTE: Notify the Contracting Officers Representative (COR) of intent to begin work at least seven days in advance.
1) Pavement Repair Option – Contractor can start hauling material(s) at 0500 (5:00 am) each day and shall complete hauling on the main Hyalite Road by 0900 (9:00 am) each day. Material may be stock piled on the road or in adjacent turn-outs/wide spots to the work.
a) This restriction is to prevent damage to the pavement since the frost has not come out of the subgrade at this point.
b) All other related work and traffic (other than heavy loads) can continue as normal.
2) Traffic Control is be managed as noted in section C-2 (a) below.
(d) Submittals Fourteen (14) days prior to start of work contractor shall furnish Manufacturers Certificates and Data certifying that the following materials conform to the requirements specified: CRS-2P, Traffic Paint, Aggregate (chips), Pavement Repair sections (hot mix asphalt design, permeable backfill, structural backfill, road mix, pipe, and geotextile).
(e) Pre-bid Tour No formal site tour is planned; however bidders are strongly encouraged to visit the sites prior to preparing and submitting their bid. Directional information may be had by contacting Grant Morrison, Custer Gallatin National Forest Supervisors Office, Bozeman, Montana, telephone (406) 587-6724.
C-2 – GENERAL SPECIFICATIONS
(a) Traffic Control Because the Hyalite Area is a high use recreational area, with a winding road; traffic control for safety and efficiency is important. One lane will remain open at all times, with 20 minute delays to public traffic allowed.
Appropriate signing, flaggers, and pilot car will be required. The contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Suitable warning signs shall be provided to properly control and direct traffic. The contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road by traffic. All devices, flaggers, and pilot car operations shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration, and applicable safety codes.
Parking Areas and Trailheads – The contractor may close these areas to traffic to perform the specified contract work. Closures will be coordinated with the C.O.R. and the Bozeman Ranger District.
Langohr Campground – Contractor may close the south spur for a period of 7 days for the pavement repair.
Coordination with the C.O.R. and Ranger District is required along with a notice of intent to close 14 days in advance. The campground is popular and heavily used with a concessionaire managing it.
During extended periods of inactivity (weekends, holidays), the contractor shall leave the road open and functional for safe public travel to the satisfaction of the COR.
(b) Temporary Centerline Markings.
Temporary centerline marking will be required at the end of each chip seal work day to provide for traffic safety at night.
(c) Protection of Existing Structures Kiosks, islands, outhouses, guard rails, and other structures adjacent to the project will be protected from damage and/or overspray by approved methods.
(d) Surface Preparation The Contractor shall be responsible for all measures required to provide a thoroughly clean and dry pavement surface, including vegetation removal and sweeping prior to the Chip Seal application and the following Striping application. The Contractor should observe the pavement conditions prior to bidding to determine the work necessary to provide such a surface for successful project completion and shall include the work necessary in the bid. Surface preparation is incidental to chip sealing and striping.
From approximately mile point 2.2 to approximately mile point 5.5, sections of the road have guard rail installed on the outside edge of the pavement. Contractor shall not leave a berm on the outside shoulder in these sections. This also applies to one bridge and the roadway across the dam.
(e) Final Clean-up – Remove all debris, rubbish, and excess material from the project and off Forest Lands.
C-3 – PROJECT REQUIREMENTS
Painting
A. Paint Applicator – Apply all markings by approved mechanical equipment. Provide constant agitation of paint, travel at controlled speeds, and have manual controls to apply continuous lines of varying lengths and widths as shown. Provide pneumatic spray guns for hand application where a mobile applicator cannot be used. An experienced technician that is thoroughly familiar with the equipment, materials, and marking layouts will control all operations.
B. Surface Preparation – Allow new pavement surfaces to cure for a period of not less than 7 days before application of marking materials. Thoroughly clean all surfaces to be marked before the application of paint.
Pavement marking shall follow as closely as practicable after the surface has been cleaned and dried, but do not begin any marking until the C.O.R. has inspected the surface and gives permission to proceed.
C. Application – Apply uniformly painted pavement markings at the locations and to the patterns, spacing, and dimensions as indicated on the drawings. The markings shall be the required color, length and width, with true, sharp edges and ends on properly cured, prepared, and dried surfaces in conformance with the details as shown.
Finish striping for traffic shall be double yellow centerline(4” wide, 4” spacing) and single white shoulder stripe 11.5 feet left and right of the centerline. Break shoulder striping at existing road approaches and turn outs.
D. Protection – Conduct operations in such a manner that necessary traffic can move without hindrance. Protect the newly painted markings so that, insofar as possible, the tires of passing vehicles will not pick up paint.
Chip Seal Equipment – The size and condition of all equipment shall be sufficient to meet the job requirements and successfully complete the project.
A. Distributor – Self-powered and capable of providing a uniform application rate of emulsion with an adjustable, full circulation spray bar.
B. Power Broom – Self-propelled and capable of controlling the vertical broom pressure.
C. Aggregate Spreader – Self-propelled with a minimum of 4 pneumatic tires on two axles. Equipped with positive controls capable of providing a uniform application rate of aggregate over a variable width in a single pass.
D. Rollers – Furnish two pneumatic tire rollers that are self-propelled with a minimum compacting width of 5 feet for seating the chip seal. They will have a gross load adjustable to apply 280 pounds (+ or minus 25%) of pressure per inch of rolling width. Compaction speed shall be less than 5 mph at all times.
Execution
A. Surface Preparation – See above section C-2 part d.
B. Application of Bituminous Materials – Application of the emulsion shall be performed by means of a pressure distributor to achieve a uniform and continuous spread over the asphalt surface. The quantity per square yard shall be as determined by the control test strip(s) completed on day one. At no time shall the emulsion be allowed to break, chill, set-up, harden, or otherwise impair the aggregate retention before the aggregate has been properly applied and rolled.
C. Application of Aggregate – The aggregate shall be applied immediately following the emulsion application.
The quantity of cover coat aggregate per square yard shall be as determined by the control strip(s) completed on day one.
D. Rolling – Initial rolling shall begin immediately after application of the cover coat aggregate, with the rollers working in tandem. Sufficiently roll the surface to uniformly and thoroughly bind the aggregate over the full width. Complete rolling within one hour after the asphalt is applied to the surface.
E. Sweeping – Sweep excess material from the surface by lightly brooming the aggregate surface on the morning after construction when the temperature is less than 75°F. Do not displace embedded material.
F. Weather Limitations – The chip seal shall not be applied when the pavement is moist, or when the weather is, or may be, detrimental. Detrimental weather is defined as rain showers, cool temperatures, moist pavements, threat of rain showers, or other environmental factors which could affect the performance of the chip seal construction. If either the air or pavement temperature is below 60°F and falling, do not apply the chip seal.
The chip seal may be applied when both pavement and air temperatures are above 60°F and rising.
Progression of Work
The high volume/high use of the area lends itself to problematic Traffic Control situations. In order to alleviate those the contractor shall, at a minimum, segment the work into three(3) divisions. Each section will be completed, i.e. both lanes chipsealed with temporary center line markers in place, before moving to the next.
• Division 1 – From Project Start, mile marker 0.54 to the junction with Moser Creek Road, mile marker 5.65.
• Division 2 – From the junction with Moser Creek Road, mile marker 5.65, to the junction with Lick Creek
Trailhead, mile marker 8.45.
• Division 3 – From the Lick Creek Trailhead junction, mile marker 8.45, to Project End, mile marker 10.27, at the spillway bridge.
Alternative proposals may be considered at the discretion of the CO.
Pavement Repair
The contract encompasses 5 (five) total sites. Sites one through four are part of Additive #1 and located along the main Hyalite Road. The fifth site is associated with Additive #2 and is located in Langohr Campground on the South Loop.
The intent is to drain and rebuild the subgrade to the attached specifications. Compaction testing will be required on the structural backfill and the base layers.
The old asphalt pavement will be removed off of Forest Service land and disposed of properly. Other unsuitable material from the excavation work can be placed at the designated disposal site shown on the drawings.
An analysis shall be done on the permeable backfill, structural backfill, and road mix courses. The analysis for each will be submitted prior to project start and approved by the C.O.R.
Note – All pay items for materials are based on the required compacted depth.
Traffic Management and Control
A. See C-2, part(a) above B. A traffic control plan approved by the C.O.R. will be required before any work commences.
C. Temporary raised pavement markers for road centerline will be installed on the completed work (chip seal) on
Hyalite Road at the end of each work day.
C-4 – TECHNICAL SPECIFICATIONS
(a) Material Specifications Asphalt and aggregate shall be as specified in Sections 409, 702 and 703 (note testing requirements and submittals). Pavement markings as specified in Section 634 and temporary traffic control and temporary pavement markings as specified in Section 635.
(1) Application Rates, Chip Seal Target application rates for the aggregate is 28 lbs./sq. yd. and 0.45 gal./sq. yd. for the emulsion. On the first day of placement control strip(s) will be constructed for evaluation of application rates, with any needed adjustments done as indicated by the control strip, prior to project start. These may be repeated as necessary as determined by the Forest Service.
(b) Surface preparation Before placing the seal coat ensure the existing surface is free of dirt and other objectionable material. This may require power brooming and/or power washing. After chip placement and before striping, the surface shall be cleaned of loose chips to ensure the new pavement markings will adhere to the new chip seal surface.
Clean-up along road near creek
• Hyalite Creek is part of the Bozeman watershed and city water supply. Clean-up and brooming of the road in the sections along the creek will require the removal and hauling away of material. One bridge and the dam are also included. Nothing will be broomed or dumped over the outside road edges in these locations. Estimated total length of roadway where removal and hauling away for disposal is required is
0.75 mile. This work is incidental to the brooming.
C-5 – STANDARD SPECIFICATIONS
Referenced Specifications are found in FP-03, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.
NOTE: Reference FP-03, Section 409.07. Test strips, with or without panels, may be performed at the COR’s discretion to evaluate the application rates for chips and emulsion. This test will be performed, at a minimum, on the first day of the scheduled placement for each surface treatment layer.
SECTION D - PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E - INSPECTION AND ACCEPTANCE
52.246-12 Inspection of Construction. (APR 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not -
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may -
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
SECTION F - DELIVERIES OR PERFORMANCE
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2017. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 17, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of clause)
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.
SECTION G - CONTRACT ADMINISTRATION DATA
452.215-73 Postaward Conference. (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a date, time and location to be determined.
(End of Clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-1 SECURITY AND PROTECTION
(a) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.
Barricades, warning signs and light shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD.
Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.
(b) Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the Forest Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest or grassland resources and when traffic can be accommodated safely.
Except as allowed in the contract, trailheads and roads shall remain open throughout the construction project.
Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a plan for satisfactorily handling the traffic has been approved.
Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.
(c) Protection of Improvements – The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.
H-2 CAMPING ON FOREST SERVICE LANDS
Camping in the immediate project area is allowed only under written authorization of the District Ranger. If authorized to camp, contractor shall maintain a clean and orderly camp at all times to the satisfaction of the COR. No electrical or sanitary facilities are provided by the Gov’t. All camping shall be self-contained, including sanitary facilities.
Before camping, the Contractor shall obtain a District Camping Permit from the Bozeman Ranger District through the Contracting Officer.
A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.
Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping.
Contractor is to bring a proposed campsite location to the prework meeting for review and approval and prior to camping.
The Government will make no special camping allowances for the Contractor within or near the project area.
Arrangements with the local private landowners will be at the discretion of the Contractor.
H-3 FOOD STORAGE ORDER
Food Storage Regulations apply to this contract. The COR shall furnish to the Contractor current regulations at the pre-work. In general, if all foods, cooking utensils, odorous materials, such as toothpaste, are kept within a hard-sided camper or vehicle during times a person isn’t present, the regulations will likely be met.
Within bear country there has been a special order on food storage and camping issued. It states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.
H-4 FIRE CONTROL
The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.
H-5 NOXIOUS WEEDS/EQUIPMENT CLEANING
Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district 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: a project or job site, a County, two or more Counties, or a National Forest.
To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:
• All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they owned, leased, or borrowed by the contractor or any subcontractor.
• Cleaning shall consist of the removal all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off the project site.
• Equipment, materials, and vehicles shall be visually inspected by the COR, or other designated Forest Service official, and certified in writing by the Contractor to be reasonably clean and weed free. Inspections will take place at a location agreed to by the COR and Contractor in advance of delivery to the job site. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials, including delivery vehicles, delivered to the project site will also be inspected prior to entering the area.
• The Contractor shall protect all existing vegetation from the introduction of noxious weeds, (1) at or near the work site, and (2) on adjacent property. The Contractor shall treat any introduced noxious weeds resulting from failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to treat such weeds, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
• Certification of each piece of equipment or vehicles shall remain valid for the duration of the project as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return. Individual worker's vehicles shall be parked at a staging area that will be designated by the
COR.
PART II--CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
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): http://farsite.hill.af.mil/VFFAR1.HTM and www.usda.gov/procurement/policy/agar.html
(End of clause)
52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or
Proposed for Debarment. (oct 2015) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1824_326080
52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) (FULL TEXT IN SECTION L) 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) 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (APR 2015) 52.245-1 Government Property. (APR 2012) 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)
NOTE: Use 52.223-2 (above by reference) in conjunction with provision 52.223-1 (Section K) unless the contract will not involve the use of USDA-designated items at http://www.usda.gov/biopreferred or 7 CFR Part 2902
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-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)
52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications);
(b) Representations and other instructions;
(c) Contract clauses;
(d) Other documents, exhibits, and attachments; and
(e) The specifications.
(End of clause)
52.222-35 Equal Opportunity for Veterans. (OCT 2015)
(a) Definitions. As used in this clause--
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at
FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.
(End of Clause)
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.225-9 Buy American - Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute 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 statute. (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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other…
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