AG-3D47-S-08-0005.Sections A thru M.pdf

AG‐3D47‐S‐08‐0005

NORTH FORK HUGHES RIVER PAVING

RITCHIE COUNTY, WEST VIRGINIA

TABLE OF CONTENTS

PART I SCHEDULE

SECTION A SOLICITATION/CONTRACT FORM

SECTION B SUPPLIES OR SERVICES/PRICES

SECTION C DESCRIPTION/SPECIFICATIONS

SECTION D PACKAGING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

SECTION F DELIVERIES OR PERFORMANCE

SECTION G CONTRACT ADMINISTRATION DATA

SECTION H SPECIAL CONTRACT REQUIREMENTS

PART II CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV REPRESENTATIONS AND INSTRUCTIONS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS .. 37

SECTION L INSTRUCTIONS,CONDITIONS, AND NOTICES TO BIDDERS

S

ECTION M EVALUATION FACTORS FOR AWARD

SECTION A SOLICITATION/CONTRACT FORM

SEE STANDARD FORM 1442 (SF‐1442) ATTACHED TO THE FRONT OF THIS SOLICITATION

SECTION B SUPPLIES OR SERVICES/PRICES

B.1 BID SCHEDULE

NORTH FORK HUGHES RIVER RECREATION

CONSTRUCTION PACKAGE 11, SITE 2

PAVING

ITEM

N . O WORK/MATERIAL

SPEC

N . O

EST.

QTY UNIT UNI CE T PRI AMOUNT

Mobilization and Demobilization 8 1 LS XXXX $

2 Seeding and Mulching 6 0.2 AC $ $ 3 Contractor Quality Control 94 1 LS XXXX $

WVDOH Aggregate Base Course, Class 1 450 800 TN $ $

WVDOH Aggregate Base Co Class 10 urse, 450 500 TN $ $

WVDOH Marshall Hot‐Mix or Asphalt Base Course, Stone

Gravel, Type 2 407 1362 TN $ $

WVDOH Marshall Hot‐Mix one Asphalt Wearing Course, St or Gravel, Type 1 407 4 54 TN $ $ 8 WVDOH Type G Drop Inlet 406 1 EA $ $

TOTAL BID PRICE $

B.2 AWARD RESTRICTION (JUNE 2008, NRCS, WV)

One award for the aggregate of all items will be made under this solicitation

SECTION C DESCRIPTION/SPECIFICATIONS

C.1 STATEMENT OF WORK

his paving project is located at the new campground on the North Bend State Park a

T between H rrisville and Cairo, Ritchie County, West Virginia.

The work shall include paving an access roadway and parking spurs in a recreational vehicle campground, an access roadway to a sewage dump station near the campground, and a small trail to a fishing pier near the campground. The major items of work shall consist of placement of approximately 1,800 tons of WVDOH Marshall Hot‐Mix Asphalt and approximately 1,300 tons of WVDOH aggregate base course.

C.2 AGAR 452.211.72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.3 AGAR 452.21173 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D PACKAGING AND MARKING

THERE ARE NO CLAUSES IN THIS SECTION

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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://acquisition.gov/far/index.html

Clause Title Date

52.246.12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 52.246.11 HIGHERLEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

The Contractor shall comply with the higher‐level quality standard selected below.

If more than one standard is listed, the offeror shall indicate its selection by checking the [ appropriate block.]

[_] Quality Control Title Contractor

S 94 1/01

Number C Date 05/0 ring Tailo

[_] Title

Number Date in

Tailor g

[_] Title

Number Date in Tailor g

[_] Title

Number Date Tailoring

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.211‐18 Variation in Estimated Quantity APR 1984 52.242‐14 Suspension of Work APR 1984

F

.2 52.21110 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days. The time stated for completion shall include final cleanup of the premises.

F ACTUAL DAMAGES CONSTRUCTION (WV NRCS, JUN 2008)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as actual damages, the total expenses for the COR and Inspector. These expenses shall include but is not limited to

.3 the salary and travel costs associated with this project.

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of actual damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting age will consist of actual damages until the work is completed or accepted.

dam

RITCHIE C UNTY, WEST VIRGINIA

O

SECTION G CONTRACT ADMINISTRATION DATA

G.1 DESIGNATED PAYMENT OFFICE CONTACT POINT (WV NRCS, JUNE 2008)

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 7 days after the due date specified in the ontract, contact the payment office designated below for information on when payment ill be made.

c w

F Ronald Bricker, Budget Officer inancial Management

Phone 304‐284‐7554

USDA, Nat n Service u o ral Resources Conservati 5 High Street, Room 301 Morgantown, WV 26505 f questions arise on the amount paid ct Specialist listed below.

I

, contact the Contra

Contracting Section Amy Bolyard, Contracting Specialist

Phone: 304‐284‐7557

USDA/Nat n Service u o ral Resources Conservati 5 High Street, Room 301

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 52.2364 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

he Government shall not be responsible for any interpretation of or conclusion drawn rom the ta o

T f da r information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by USDA, Natural tion Service (Topographic mapping). Resources Conserva

(b)

Weather conditions heric Administration (NOAA), Climatological Data National Oceanic Atmosp

(c) Transportation facilities

Federal, State and County roads, and the access roads are shown on the drawings.

H.2 AGAR 452.23673 ARCHEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 R 4

AGA 52.23674 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and e .impoundm nts (lakes, reservoirs, etc.)

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man‐made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.4 AGAR 452.23675 MAXIMUM WORKWEEK CONSTRUCTION SCHEDULE (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following in writing for approval:

a) A schedule as required by FAR clause 52.236‐15, "Schedules for Construction

Contracts" and

(b) The hours (including the daily starting and stopping times) and days of the week the

Contractor proposes to carry out the work.

THE MAXIMUM WORKWEEK THAT WILL BE APPROVED IS 10 HOURS PER DAY; FIVE

DAYS PER WEEK; MONDAY THROUGH FRIDAY.

H.5 AGAR 452.23676 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.6 E E F ,TIM XTENSIONS OR UNUSUALLY SEVEREWEATHER (WV NRCS JUN 2008)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the FAR Clause 52.249‐10, DEFAULT (fixed‐price construction). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect those anticipated adverse weather delays in all weather dependent activities.

MO

FEB

NT AN PA AD SE AT DE W DAHLY

MAR

TICI

APR

TED

M

VER

J

WE HER

A

LAY

S

ORK

O

YS

NOV JAN AY UN JUL UG EP CT DEC

(7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7) (7)

(c) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay must prevent work on critical activities for fifty (50) percent or more of the contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b) above, the contractor may submit a written request for a modification for extension of performance time due to unusually severe weather. The Contracting Officer will convert any qualifying delays into calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with FAR Clause 52.249‐ 10, Default (Fixed‐Price Construction).

H.7 NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA

PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

The contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.

Requests for variances or waivers from this supplement are to be made to the contracting officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include‐

(1) Specific reference to the provision or standard in question;

justified;

(2) An explanation as to why the waiver is considered and

(3) The contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the contracting officer to render a decision.

No waiver or variance will be approved if it endangers any person. The contractor shall not proceed under any requested revision of a provision until the contracting officer has given written approval. The contractor is to hold and save harmless the USDA, Natural Resources Conservation Service free from any claims or causes of action whatsoever resulting from the contractor or subcontractors proceeding under a waiver or approved variance.

Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from:

Su ts U.S. ice perintendent of Documen Government Printing Off Washington, D.C. 20402

GENERAL CONTRACTOR REQUIREMENTS

1.1 SAFETY PROGRAM. Each contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The contractor is to submit in writing a proposed comprehensive safety program to the contracting officer for approval before the start of construction operations. The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards.

1.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the contractor are to meet with the contracting officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract.

1.3 JOINT SAFETY POLICY COMMITTEE. The contractor of designated onsite representative is to participate in monthly meetings of a Joint Safety Policy Committee, composed of USDA, Natural Resources Conservation Service and contractor supervisory personnel. At these meetings the contractor's project manager and the contracting officer will review the effectiveness of the contractor's safety effort, resolve current health and safety problems, aand coordinate safety ctivities for upcoming work.

.4 SAFETY PERSONNEL. Each contractor is to designate a competent supervisory employee 1 satisfactory to the contracting officer to administer the safety program.

1.5 SAFETY MEETINGS. A minimum of one "on‐the‐job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision.

.6 SAFETY INSPECTION. The contractor shall perform frequent and regular safety inspections 1 of the jobsite, materials, and equipment, and shall correct deficiencies.

1.7 FIRST AID TRAINING. Every contractor foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, ed C American R ross, or other state‐approved organization.

1.8 REPORTS. Each contractor is to maintain an accurate record of all job‐related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave‐ins, must also be reported immediately. The contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of an accident.

1.9 CERTIFICATION OF INSURANCE. Contractors are to provide the contracting officer or his or her authorized representative with certificates of insurance before the start of operations indicating fu pensation statutes. ll compliance with State Worker's Com

FIRST AID AND MEDICAL FACILITIES

2.1 FIRST AID KITS. A 16‐unit first aid kit approved by the American Red Cross is to be provided at accessible, well‐identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the as uskits are to be replenished ed or as they become ineffective or outdated.

2.2 EMERGENCY FIRST AID. At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the contractor to care for injured yemployees. The names of the certified emplo ees shall be posted at the jobsite.

2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start of work, the contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be rreadily available for transporting inju ed employees.

2.4 FIRST AID AND MEDICAL REPORTS. The contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the contracting officer and are to include‐

a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses;

(b) Cumulative record of injury for each individual;

(c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and

(d) Required records for worker's compensation.

.5 SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are i to be provided to readily denote the location of all first aid stat ons.

2.6 EMERGENCY LISTING. A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations.

UNTY, WEST VIRGINIA

RITCHIE CO

PHYSICAL QUALIFICATION OF EMPLOYEES

3.1 GENERAL REQUIREMENTS. Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others.

3.2 HOIST OPERATORS. Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The contractor is to submit a tracopy of each certification to the con cting officer.

3.3 HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically ed woqualified to perform their assign rk without endangering themselves or others.

3.4 MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely.

PERSONAL PROTECTIVE EQUIPMENT

4.1 HARD‐HAT AREAS. The entire jobsite, with the exception of offices, shall be considered a ard‐hat area. All persons entering the area are, without exception, required to wear hard‐hats.

‐hats for visitors entering ha h The contractor shall provide hard rd‐hat areas.

4.1.1 LABELS. Hard‐hats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

4.2 POSTING. Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hard‐hat areas:

CONST UC ION AREA HARDHAT REQUIRED BEYOND THIS POINT

These signs are to be furnished and installed by the contractor at entries to shops, oints.

R T construction yards, and job access p

4.3 SAFETY GOGGLES (DRILLERS)

4.3.1 DRILLERS AND HELPERS. Drillers and helpers operating pneumatic rock drills must wear protective safety goggles.

MA

CHINERY AND MECHANIZED EQUIPMENT

5.1 SAFE CONDITION. Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be tors. used by equipment opera

5.2 TAGGING AND LOCKING. The controls of power‐driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work.

5.3 HAUL ROADS FOR EQUIPMENT

5.3.1 ROAD MAINTENANCE. The contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards.

Wherever dust is a hazard, adequate dust‐laying equipment shall be available at the jobsite and utilized to control the dust.

5.3.2 SINGLE LANE HAUL ROADS. Single‐lane haul roads with two‐way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be nts.provided to prevent accide

5.3.3 TWO‐WAY HAUL ROADS. On two‐way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right‐hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used.

5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, if requested by the contracting officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open‐sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one‐half the minimum sight distance.

.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized 5 qualified persons.

.3.6 RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is 5 prohibited. Seating and safety belts shall be provided for the operator and all passengers.

.3.7 GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while the equipment is in motion is prohibited.

5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8‐hour rest interval away from the job.

.4 POWER CRANES AND HOISTS (truck cranes, crawler cranes, tower cranes, gantry cranes, 5 hammerhead cranes, derricks, cableways, and hoists)

5.4.1 PERFORMANCE TEST. Before initial onsite operation, at 12‐month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the contracting officer. Test data shall be recorded and a copy g . furnished the contractin officer

5.4.2 PERFORMANCE TEST‐ Power Cranes (Crawler mounted, truck mounted, and wheel mounted). The performance test is to be carried out with outriggers set and with a test load weighing 110 percent of the rated capacity when the boom angle is from 30 degrees to 60 degrees above the horizontal. The test is to consist of raising, lowering and braking the load and rotating the test load through 360 degrees at the specified boom angle or radius.

Cranes equipped with jibs or boom tip extensions are to be tested using both the main boom s se. and the jib, with an appropriate te t load in each ca

5.4.3 PERFORMANCE TEST‐ Derricks, Gantry Cranes, Tower Cranes, Cableways, and Hoists, including Overhead Cranes. This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at inc bleast three travel positions, luding oth limits of travel.

5.4.4 BOOM ANGLE INDICATOR. Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order.

5.4.5 CRANE TEST CERTIFICATION. The performance test required by 5.4.2 and 5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the 10‐foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom‐type concrete pumps, backhoes, and related equipment.

5.4.7 BOOM STOPS. Cranes or derricks with cable‐supported booms, except draglines, shall have a device attached between the gantry of the A‐frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83 degrees or less, until completely stopping the boom at not over 87 degrees above horizontal.

5.4.8 SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be ohibit turning. of the locking type or have the pin secured to pr

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead Protection, Sections 1000 and 1002 are applicable regardless of the year in which the equipment was the str i . manufactured and regardless of uck capacity of the equ pment

5.5.2 EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber‐tired tractors such as dozers, push‐and‐pull tractors, winch tractors, tractors with backhoes, and mowers; off‐highway, self‐propelled, pneumatic‐tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, and water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment.

5.5.3 EQUIPMENT REQUIRING SEATBELTS. The requirements for seatbelts as specified in OSHA

1926, Subpart O, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section

1926.602 shall also apply to self‐propelled compactors and rollers, and rubber‐tired skid‐ steer equipment.

LADDERS AND SCAFFOLDING

6.1 LADDERS. OSHA 1926, Subpart L ‐ Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No ial exertion shall be done from ladders. work requiring lifting of heavy materials or substant

6.2 SCAFFOLDING. OSHA 1926, Subpart L ‐ Section 451.

Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing.

6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104. Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be

. met n e

(a) Work on stored material in hoppers, bins, silos, ta ks, or other confin d spaces.

(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet.

(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided.

SECTION I CONTRACT CLAUSES

I.1 52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.202‐1 DEFINITIONS JUL 2004

52.203‐3 GRATUITIES APR 1984

52.203‐5 COVENANT AGAINST CONTIGENT FEES APR 1984

52.203‐7 ANTI‐KICKBACK PROCEDURES JUL 1995

52.203‐8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY

JAN 1997

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997

52.203.12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS SEP 2007

52.204‐4 PRINTED/COPIED DOUBLE‐SIDED ON RECYCLED PAPER AUG 2000

52.209‐6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

SED FOR DEBARMENT CONTRACTORS DEBARRED, SUSPENDED, OR PROPO

SEP 2006

52.214‐29 ORDER OF PRECENDENCE‐ SEALED BIDDING JAN 1986

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219‐25 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM‐ DISADVANTAGED

STATUS AND REPORTING

APR 2008

52.222‐3 CONVICT LABOR JUN 2003

52.222‐4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT‐ OVERTIME

COMPENSATION

JUL 2005

52.222‐6 DAVIS BACON ACT JUL 2005

52.222‐7 WITHHOLDING OF FUNDS FEB 1988

52.222‐8 PAYROLLS AND BASIC RECORDS FEB 1988

52.222‐9 APPRENTICES AND TRAINEES JUL 2005

52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222‐11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005

52.222‐12 CONTRACT TERMINATION‐ DEBARMENT FEB 1988

52.222‐13 COMPLIANCE WITH DAVIS‐BACON AND RELATED ACT REGULATIONS FEB 1988

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222‐15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222‐26 EQUAL OPPORTUNITY MAR 2007

52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION FEB 1999

52.222‐35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

SEP 2006

52.222‐36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998

52.222‐37 EMPLOYMENT REPORTS ON SPECIAL DIABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

SEP 2006

52.223‐3 HAZARDOUS MATEIAL IDENTIFICATION AND MATERIAL SAFETY DATA,

ALTERNATE I (JULY 1995)

JAN 1997

52.223‐6 DRUG‐FREE WORKPLACE MAY 2001

52.223‐14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2006

52.227‐1 AUTHORIZATION AND CONSENT DEC 2007

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGENMENT

DEC 2007

52.227‐4 PATENT INDEMITY‐ CONSTRUCTION CONTRACTS DEC 2007

52.228‐2 ADDITIONAL BOND SECURITY OCT 1997

52.228‐11 PLEDGES OF ASSETS FEB 1992

52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS OCT 1995

52.228‐14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS SEP 2002

52.232‐17 INTEREST JUN 1996

52.232‐23 ASSIGNMENT OF CLAIMS JAN 1986

52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS SEP 2005

52.233‐1 DISPUTES JUL 2002

52.233‐3 PROTEST AFTER AWARD AUG 1996

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236‐2 DIFFERING SITE CONDITIONS APR 1984

52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236‐5 MATERIAL AND WORKMANSHIP APR 1984

52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236‐7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236‐8 OTHER CONTRACTS APR 1984

52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS

APR 1984

52.236‐10 OPERATIONS AND STORAGE AREAS APR 1984

52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236‐12 CLEANING UP APR 1984

52.236‐13 ACCIDENT PREVENTION, ALTERNATE I (NOV 1991) NOV 1991

52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236‐16 QUANTITY SURVEYS APR 1984

52.236‐17 LAYOUT OF WORK APR 1984

52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236‐26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242‐13 BANKRUPTCY JUL 1995

52.243‐4 CHANGES JUNE 2007

52.248‐3 VALUE ENGINEERING‐ CONSTRUCTION SEP 2006

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE),

ALTERNATE I (SEP 1996)

MAY 2004

52.249‐10 DEFAULT (FIXED PRICE CONSTRUCTION) APR 1984

52.253‐1 COMPUTER GENERATED FORMS JAN 1991

I 52.2 7 CENTRAL CONTRACTOR RE

(a)

.2 04 GISTRATION (APR 2008)

Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

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

(see the FAR at Subpart 32.11) for the same conc

“Registered in the CCR database” means that—

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

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

(b) (1)

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

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

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

(1) offer

An or may obtain a DUNS number—

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

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

Bradstreet office.

(2) offe provide the following information:

The ror should be prepared to

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and ZIP Code.

, State and ZIP Code (if separate from (iv) Company Mailing Address, City physical).

(v) Company Telephone Number.

(vi) Date the company was started.

r location

(vii) Number of employees at you

(viii Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (1) (i)

If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change‐of‐ name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification t t c sufficient documen ation to support he legally hanged name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

I.3 52.2194 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. “HUBZone small business concern,” as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business the Small Business Administration. Concerns maintained by

Evaluation preference.

(1) ffers will be evaluated by adding a factor of 10 percent to the price of all O offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219‐23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

t

[__] Offeror elects to waive he evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or e si c c employees of oth r HUBZone small bu ness on erns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by r the HUBZone small business pa ticipant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

I.4 52.22239 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT

OF UNION DUES OR FEES

(a) o

(DEC 2004)

Definiti n. As used in this clause‐‐

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway La (45 U.S.C. 151‐188)).

bor Act, as amended

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union‐security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be ate r d entitled to a refund and to an appropri e uction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address o r toll free number:

Nati ard onal Labor Relations Bo Division of Information 1099 . 14th Street, N.W Washington, DC 20570

1‐866‐667‐6572

1‐866‐316‐6572 (TTY)

http:/

To locate the nearest NLRB office, see NLRB's website at /www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B‐‐Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) req y to‐‐

The uirement to post the employee notice in paragraph (b) does not appl

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive epresent tbargaining r ative of he Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union‐security agreements;

A

RITCHIE COUNTY, WEST VIRGINI

(4)

Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor‐Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that‐‐

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations;

one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall‐‐

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor‐Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW, Room N‐5605, Washington, DC 20210, or from any field office of the Department's Office of Labor‐Management Standards or Office of Federal Contract Compliance

Programs;

(2) Download a copy of the poster from the Office of Labor‐Management

Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor‐Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I 52.2 9 BUY AMERICAN ACT—CON

.5 25 STRUCTIN MATERIALS (JAN 2005)

Definitions. As used in this clause‐‐

"Component" means an article, material, or supply incorporated directly into a construction material.

“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.