AG-03H6-S-15-0006_M-C_Boat_Dock_Reconstr_Rev.pdf

AG-03H6-S-15-0006

Meriwether Coulter Boat Dock Reconstruction

PART I – THE SCHEDULE

B - Supplies or Services and Prices/Costs Schedule of Items C - Description/specifications/Statement of Work D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements

PART II - CONTRACT

I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J - List of Documents, Exhibits, and Other Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K - Representations, Certifications, and Other Statements of Offerors or Respondents L - Instructions, Conditions, and Notices to Offerors or Respondents M - Evaluation Factors for Award

PART I – THE SCHEDULE

SECTION B - SERVICES AND PRICES

MERIWETHER-COULTER BOAT DOCK RECONSTRUCTION

Helena National Forest

Helena Ranger District

Lewis & Clark County, Montana

BASE BID - MERIWETHER

ITEM

NO.

DESCRIPTION

METH.

OF MEAS.

PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL PRICE

15101-A General Mobilization LSQ Lump Sum 1 $________ $________

15713-A Soil Erosion and Pollution Control LSQ Lump Sum 1 $________ $________

20806-A Structure Excavation LSQ Lump Sum 1 $________ $________

25100-A Placed Wave Armoring, Class 4 Riprap CQ Cubic Yard 25 $________ $________

25302-A Gabions, Galvanized CQ Cubic Yard 32 $________ $________

25309-A Revet Mattress, Galvanized CQ Cubic Yard 10 $________ $________

25406-A Treated Timber Crib Retaining Wall

Repairs AQ Each 5 $________ $________

30809-A Crushed Aggregate, Compaction Method 1

(Commercial Source) CQ Cubic Yard 9 $________ $________

55204-A Structural Concrete for Bulkheads, Class

C(AE)

CQ Cubic Yard 20 $________ $________

553A04-A Precast Concrete Member, Median Barrier for Barge Anchorage AQ Each 2 $________ $________

62301-A General Labor AQ Hour 12 $________ $________

63301-A Sign System AQ Each 3 $________ $________

64501-A Prefabricated Aluminum Gangway, Standard - 4-Foot Width AQ Each 3 $________ $________

64604-A Floatable Dock System - Combination

Decking and Floatation CQ Square Foot 2155 $________ $________

64605-A Floatable Dock System – Maintenance

Tools & Extra Parts LSQ Lump Sum 1 $________ $________

BASE BID MERIWETHER -

CONTINUED

DESCRIPTION

METH.

OF MEAS.

PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL PRICE

64701-A Prefabricated Stiffarm and Connections AQ Each 7 $________ $________

64702-A Accessible Tour Boat Ramp & Access

Stairs on Main Header Dock LSQ Lump Sum 1 $________ $________

65203-A Cross Cable, Turnbuckles & Hardware, Stainless Steel AQ Each 10 $________ $________

67513-A Bumper, Laminated Fabric-Impregnated

Rubber Pad (4.5 x 24 x 11-inch) AQ Each 6 $________ $________

MERIWETHER PICNIC AREA BASE BID TOTAL: $_____________

SECTION B - SERVICES AND PRICES - CONTINUED

ADDITIVE BID ITEM #1 - COULTER

DESCRIPTION

METH.

OF MEAS.

PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101-B General Mobilization LSQ Lump Sum 1 $________ $________

15713-B Soil Erosion and Pollution Control LSQ Lump Sum 1 $________ $________

20201-B Clearing and Grubbing LSQ Lump Sum 1 $________ $________

20806-B Structure Excavation LSQ Lump Sum 1 $________ $________

30809-B Crushed Aggregate, Compaction Method 1

(Commercial Source) CQ Cubic Yard 1 $________ $________

55204-B Structural Concrete for Bulkheads, Class

C(AE)

CQ Cubic Yard 7 $________ $________

62301-B General Labor AQ Hour 4 $________ $________

63301-B Sign System AQ Each 1 $________ $________

64501-B Prefabricated Aluminum Gangway, Standard - 4-Foot Width AQ Each 1 $________ $________

64604-B Floatable Dock System - Combination

Decking and Floatation CQ Square Foot 905 $________ $________

64701-B Prefabricated Stiffarm and Connections AQ Each 2 $________ $________

65203-B Cross Cable, Turnbuckles & Hardware, Stainless Steel AQ Each 2 $________ $________

COULTER CAMPGROUND ADDITIVE BID ITEM #1 TOTAL: $___________

ADDITIVE BID ITEM #2 - DEMOLITION & DISPOSAL

DESCRIPTION

METH.

OF MEAS.

PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

20304-A Demolition, Removal & Disposal of Existing

Meriwether Boat Docks (16 Slips) LSQ Lump Sum 1 $________ $________

20304-B Demolition, Removal & Disposal of Existing

Coulter Boat Docks (8 Slips) LSQ Lump Sum 1 $________ $________

DEMOLITION & DISPOSAL ADDITIVE BID ITEM #2 TOTAL: $__________

BASE BID & ADDITIVE BID ITEM #1 COMBINED TOTAL: $__________

BASE BID & ADDITIVE BID ITEM #2 COMBINED TOTALS: $__________

BASE BID, ADDITIVE BID ITEM #1 AND ADDITIVE BID ITEM #2 COMBINED TOTALS: $__________

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 Price 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.

NOTE 7: 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 = 1 st , Additive 1 = 2 nd , Additive 2 = 3 rd

NOTE 9: Abbreviations used in Bid Schedule:

* LSQ = Lump Sum Quantity

* CQ = Contract Quantity

* AQ = Actual Quantity http://www.sam.gov/

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION AND LOCATION

a) Scope of Contract.

The project consists of the supply and installation of new all-in-one floatable boat dock systems at the Meriwether and

Coulter recreation sites on Holter Lake.

BASE BID: The Meriwether Picnic Area boat docks will provide access for a tour boat and eight new recreational boat slips. A gabion barge mooring/landing structure will also be constructed at the site. Meriwether improvements consist of, but are not limited to: structure excavation, timber retaining wall repairs, installation of gabions & revet mattresses, installation of reinforced concrete bulkheads, signing, placement of wave armoring, crushed aggregate surfacing, floatable dock system, and aluminum gangways/ramps.

ADDITIVE BID ITEM #1: The Coulter Campground recreational site boat docks will provide access for six to eight new recreational boat slips. Coulter improvements consist of, but are not limited to: structure excavation, installation of reinforced concrete bulkheads, crushed aggregate surfacing, supply and installation of floatable dock system, and an aluminum gangway. Optional work items consist of an additional dock section providing access for two boat slips.

ADDITIVE BID ITEM #2: The existing timber and foam fabricated dock system to be replaced is in ill repair and will be in excess to Forest Service needs after installation of new dock systems. Demolition and disposal consists of, but is not limited to: demolition, removal and disposal of existing Meriwether and Coulter boat docks. Docks will be stored at the

Gates of the Mountains Marina at the conclusion of the 2015 summer season.

NOTE: The floating dock system may be an EZ Dock system using ThruFlow® panels for gangway frames and railings or an approved equal. An “approved equal” item shall comply with the salient physical, functional, and performance characteristics provided in the Supplemental Specifications, Section 645 & 646. (FAR 11.104 –Use of

Brand Name or Equal Purchase Descriptions)

b) Project Locations.

The projects are located 20 miles north of Helena, Montana and four miles downstream from the Gates of the Mountains

Marina on Holter Lake. Refer to the location map on the title sheet of the plans.

c) Dock Descriptions

Descriptions of docks and contents are included in Attached drawings.

d) Pre-Bid Tour:

No pre-bid tour has been scheduled. Potential bidders are strongly encouraged to make a site visit to fully understand the conditions at the site. Interested parties may contact Reid Stovall, Helena National Forest Facilities Engineer, for additional information at 406-495-3766.

C-2 GENERAL SPECIFICATIONS

a) Existing Facilities.

In addition to the requirements of the Use of Premises Clause, AGAR 452.236-70, all existing facilities structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government. This includes any facilities inside or outside the project limits, including along any access routes.

Do not trim or damage vegetation except with specific Contracting Officers (CO) approval.

b) Pollution and Erosion Control.

During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved landfills unless otherwise approved by the Contracting Officer (CO).

c) Coordination with District Operations. The work will take place in areas critical to daily ranger district operations.

The Contractor shall maintain regular contact and coordination with the district representative to assure that district operations are not hindered by the work.

d) Storage and Stockpiling. The Contractor shall confine storage of equipment, materials, and vehicles to within the limits delineated by the Contracting Officer. The Contractor shall be solely responsible for the loss of or damage to materials stored on Forest Service lands or elsewhere.

e) Coordination with Other Contractors. The Contractor shall maintain regular contact and coordination with all other contractors working on the district compounds to assure that the operations of other contractors are not hindered by the work.

f) Worksite Cleanliness and Final Cleanup. Maintain the project work areas in a clean and orderly condition throughout the progress of work under this contract. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations shall be stored and collected in a sanitary manner and disposed of off Government property in a legal manner. Maintain strict control of hazardous materials to prevent contamination of the site.

g) Equipment Specifications. Equipment and tools shall be in good mechanical and operating condition, fully capable of performing all phases of the specified work.

h) Weather Conditions. Work will be suspended if, in the opinion of the Contracting Officer, weather conditions preclude effective protection of resources, site rehabilitation, or otherwise impact project end results in a significant, negative manner.

i) Sanitary Facilities – Outhouses are available for use at both the Meriwether and Coulter sites. The contractor shall be responsible for providing any other needed sanitary facilities on site for the duration of the project.

j) Abandoning Utilities. Abandon existing utilities by removing pipe and/or conduit to at least 2 ft below the ground surface.

k) Notification. Contractor shall notify the C.O. at least two weeks prior to entering a work site.

l) Noxious Weed Control. In order to prevent the potential spread of noxious weeds, the Contractor is required to furnish weed-free equipment. The Contractor’s equipment shall be cleaned to remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in the Contractor shall make equipment available to Forest Service inspection at an agreed location.

C-3 HAULING AND DISPOSAL OF MATERIALS

All materials removed from the site shall be disposed of in a legal manner off National Forest System lands. All fees associated with material disposal shall be paid by the Contractor.

C-4 CLEANUP AND DISPOSAL

The Contractor shall at all times keep the area in an orderly condition. Upon completing the work, the Contractor shall remove from the site and premises any rubbish, tools, equipment, and materials that are not the property of the Forest

Service. Upon completing the work, the Contractor shall leave the work areas in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

C-5 EXISTING UTILITIES

The Contractor is responsible for location of all utilities prior to beginning work. Damaged utilities shall be repaired at the Contractor’s expense.

C-6 - FOOD AND GARBAGE STORAGE

All food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include but are not limited to canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chap stick. All attractants shall 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.

C-7 – FIRE CONTROL (FS.236.1)

(a) Contractor's Responsibility for Contractor-Caused Fires – 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.

(b) Other Fires – For the purpose of fighting forest fires on or in the vicinity of the project, which are not caused by the

Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the

Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Plan – At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

1. Fire Tools – The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

2. Fire Extinguishers and Tools on Mobile or Stationary Equipment – Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

3. Blasting – Fuse or prima cord shall not be used unless authorized in writing by the CO with special precautions stated.

4. Smoking – Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

5. Storage of Petroleum and Other Highly Flammable Products – Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

6. Precautions for Stoves – Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

7. Welding – Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled), with hand pump attached, shall be immediately available for use in the event of a fire start.

8. Fire Plan – Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

a) All high fire risk operations could be terminated at 1300 local time.

b) All burning could be stopped, including debris burning fires.

c) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

C-8 MEASUREMENT AND PAYMENT

The method of measurement will be as designated in the SCHEDULE OF ITEMS. The accepted quantity will be paid for at the contract unit price for the Pay Item shown in the SCHEDULE OF ITEMS. Payment will be for all labor, equipment, transportation, supervision, operating supplies, materials, and incidentals necessary to complete the work as specified.

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.

(End of Clause)

452.211-73 Attachments to Statements 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

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 June 15, 2016. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September

15, 2015. 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)

CO NOTES: Winter exclusion typically occurs between 1 November through 1 June. Notify the Contracting Officer

(CO) of intent to begin work at least fourteen days in advance.

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.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 - GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause 52.245-4, contained in Section I of the contract.

a) Gabion Rock Source. Contractor shall field sort/screen suitable rock from the existing slide debris fan located near the picnic shelter at the Meriwether site.

b) Seeding. The Forest Service will seed all construction disturbances following final site grading and cleanup work.

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within * days after the date of contract award. The conference will be held at a date, time and location to be determined.

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 Helena 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.

H-6 ARCHEOLOGICAL SITE PROTECTION

Because of the possibility of artifacts being exposed during excavation, the contractor shall cease work in the area of any potential artifact discovery and inform the COR immediately. The contractor may proceed with work in another area until a determination has been made regarding the discovery.

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)

52.204-7 System for Award Management. (JUL 2013)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment. (AUG 2013)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.222-3 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. (JUL 2014)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-54 Employment Eligibility Verification. (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-6 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)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran-Representation and Certifications. (DEC 2012)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (JAN 2012)

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

52.228-14 Irrevocable Letter of Credit. (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)

52.246-21 Warranty of Construction. (MAR 1994)

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

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. (JUL 2014)

(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 $100,000 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 to 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.