AG-3D47-S-10-0008 Solicitation Pkg 7_13.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA-NRCS-WEST VIRGINIA STATE OFFIC

1550 EARL CORE ROAD

ROOM 200

MORGANTOWN WV 26505

NRCS-WV-123D47

Amy Stonebraker, Contracting Officer

USDA/NRCS

1550 Earl Core Road, Suite 200 Morgantown, WV 26505

AMY STONEBRAKER 304-284-7557

x

07/14/2010

AG-3D47-S-10-0008

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

RECOVERY -- NEW CREEK #14 REHABILITATION PROJECT

This project consists of replacing the reinforced concrete intake riser structure, modifying the open channel auxiliary spillway to include a roller compacted concrete

(RCC) structural stepped chute spillway, realigning the auxiliary spillway outlet channel, flattening the downstream slope of the embankment and installing a filter and drainage system, and extending the principal spillway (PSW) outlet works downstream.

A SITE SHOWING IS SCHEDULED FOR FRIDAY,JULY 23, 2010 AT 10:00 A.M. (LT) AT DAVIS

HALL CONFERENCE ROOM AT POTOMAC STATE COLLEGE, KEYSER, WV. See Section L.12 for location information.

NOTICE TO BIDDERS: IT IS ANTICIPATED THAT ALL PERMITS WILL BE IN HAND BY THE BID

OPENING DATE OF AUGUST 19,2010. HOWEVER, IF THE PERMITS ARE NOT IN HAND THE BID

OPENING DATE WILL BE EXTENDED WHEN THE AMENDMENT IS POSTED.

Bid Opening to be held on August 19, 2010 at 10:00 a.m. (LT) at USDA/NRCS, 1550 Earl

Core Road, Suite 200, Room NR213, Morgantown, WV.

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 782 calendar days and complete it within ________________ ________________ calendar days after receiving

SECTION F, FAR 52.211-10

08/19/2010

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA-NRCS-WEST VIRGINIA STATE OFFIC

1550 EARL CORE ROAD

ROOM 200

MORGANTOWN WV 26505

NRCS-WV-123D47

JUDITH A. WEBER

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-3D47-S-10-0008

Estimated Price Range is between $5,000,000 and

$10,000,000.

Items to return with bid:

1. Pages 1-2 of Solicitation

2. Completed bid schedule

3. Pages from Section I (if applicable)

4. Section K.1 (ORCA)

5. Section K.2 (Certification of Responsibility)

6. Bid Guarantee

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. AG-3D47-S-10-0008

TABLE OF CONTENTS

DATE PAGE

SOLICITATION, OFFER, AND AWARD

(CONSTRUCTION, ALTERATION, OR REPAIR 4

PART I- THE SCHEDULE 4

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS 4

B.1 BID SCHEDULE - A 7

B.2 BID SCHEDULE - B 8

B.3 4I-52-214-1 AWARD RESTRICTION (AUG 1987, NRCS, AMB)

AUG 1987,

NRCS, AMB 10

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 11

C.1 STATEMENT OF WORK

OCT 2009,

WV NRCS 11

C.2

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS FEB 1988 11

SECTION D- PACKAGING AND MARKING 12

SECTION E- INSPECTION AND ACCEPTANCE 13

E.1 52.252.2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 13

E.2 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996 13

E.3 52.246-11 HIGHER LEVEL CONTRACT QUALITY REQUIREMENT FEB 1999 13

E.4 452.246-70 INSPECTION AND ACCEPTANCE FEB 1988 14

SECTION F- DELIVERABLES AND PERFORMANCE 15

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 15

F.2

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK APR 1984 15

F.3 ACTUAL DAMAGES--CONSTRUCTION

OCT 2009,

WV NRCS 15

F.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984 15

SECTION G - CONTRACT ADMINISTRATION DATA 16

G.1 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT

OCT 2009

WV NRCS 16

SECTION H - SPECIAL CONTRACT REQUIREMENTS 17

H.1 52.252-4 ALTERNATIONS IN CONTRACT APR 1984 17

H.2 52.236-4 PHYSICAL DATA (APR 1984) APR 1984 17

H.3 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988 17

H.4

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND

POLLUTION NOV 1996 17

H.5 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE NOV 1996 18

H.6 AGAR 452.236-76 SAMPLES AND CERTIFICATES FEB 1988 18

H.7 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

OCT 2009, WV

NRCS 18

H.8 52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996 19

H.9

NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT

TO OSHA PARTS 1910 AND 1926 CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

PART II - CONTRACT CLAUSES 27

SECTION I - CONTRACT CLAUSES 27

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 27

I.2

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 MAR 2009 29

I.3

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-

REPORTING REQUIREMENTS MAR 2009 29

I.4

52.219-21 SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED

INDUSTRY CATEGORIES UNDER THE SMALL BUSINESS

COMPETITIVENESS DEMONSTRATION PROGRAM MAY 1999 33

I.5

52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER

MANUFACTURED GOODS – BUY AMERICAN ACT – CONSTRUCTION

MATERIALS MAR 2009 34

I.6

52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER

MANUFACTURED GOODS – BUY AMEICAN ACT – CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS AUG 2009 38

I.7 52.228-1 BID GUARANTEE SEP 1996 42

I.9

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

CONTRACTOR REGISTRATION OCT 2003 42

I.9 52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995 44

I.10 52.252-4 ALTERATIONS IN CONTRACT APR 1984 44

I.11

AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS--

FIXED-PRICE CONSTRUCTION CONTRACTS NOV 1996 44

I.12

4I-52.232-72 OTHER INVOICING REQUIREMENTS UNDER

PROMPT FOR CONSTRUCTION CONTRACTS

OCT 2009,

WV NRCS 44

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 46

SECTION J - LIST OF ATTACHMENTS 46

J.1 LIST OF ATTACHMENTS 46

PART IV - REPRESENTATIONS AND INSTRUCTIONS 48

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS 48

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FEB 2009 48

K.2

52.209-8 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS APR 2010 52

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 53

L.1

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE FEB 1998 53

L.2 52.216-1 TYPE OF CONTRACT APR 1984 53

L.3 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK JUL 2005 53

L.4

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION FEB 1999 54

L.5

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIAL FEB 2009 55

L.6 52.228-1 BID GUARANTEE SEP 1996 56

L.7 52.233-2 SERVICE OF PROTEST SEP 2006 57

L.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS APR 1984 57

L.9 AGAR 452.204-70 INQUIRIES FEB 1988 58

L.10 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY NOV 1996 59

L.11 52.236-27 SITE VISIT (CONSTRUCTION) Alternate I FEB 1995 59

SECTION M - EVALUATION FACTORS FOR AWARD 60

Solicitation No. AG-3D47-S-10-0008

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE A – NEW CREEK SITE 14

Grant County, West Virginia

Item No. Work or Material

Spec.

No.

Estimated Quantity Unit

Unit Price Amount

1A Structure Removal 3 1 LS XXXX $ 2A Temporary Fertilizer 5 3,000 LB $ $ 3A Temporary Seeding – Seed Mixture I 5 300 LB $ $ 4A Temporary Seeding – Seed Mixture

II 5 300 LB $ $

5A Temporary Reservoir Seeding – Seed

Mixture II 5 4,800 LB $ $ 6A Temporary Straw Mulch 5 100 Ton $ $ 7A Silt Fence 5 4,000 LF $ $ 8A Construction and Maintenance of

Access Roads 5 1 LS XXXX $ 9A Temporary Stream Crossing 5 2 EA $ $

10A Seeding and Mulching 6 1.2 AC $ $ 11A Surveys 7 1 LS XXXX $ 12A Mobilization & Demobilization 8 1 LS XXXX $ 13A Diverting Surface Water 11 1 LS XXXX $ 14A Dewatering Construction Site 11 1 LS XXXX $ 15A Excavation, Riser Structure

Foundation Unclassified 21 541 CY $ $ 16A Earth Backfill, Riser Foundation 23 320 CY $ $ 17A Backfill Concrete 31 60 CY $ $ 18A Reinforced Concrete 31 236 CY $ $ 19A Steel Reinforcement 34 70,321 LB $ $ 20A 1” PVC Riser Pipe 45 80 LF $ $ 21A Preparation and Cleaning of Rock

Surface 63 100 SY $ $ 22A Water Control Gate, 12-inch x 12-inch 71 1 EA $ $ 23A Water Control Gate, 24-inch x 24-inch 71 1 EA $ $ 24A Baffle Structure 81 1 EA $ $ 25A Ladder 81 1 EA $ $ 26A Manhole Assembly 81 1 EA $ $ 27A Low Level Trash Racks 81 2 EA $ $ 28A Jet Impingement Plate 81 1 EA $ $ 29A Aluminum Handrail 81 51 LF $ $ 30A Contractor Quality Control 94 1 LS XXXX $ 31A Field Office 96 1 LS XXXX $

32A Stainless Steel Conduit 402 1 LS XXXX $ 33A NEMA 4X Electrical Enclosure 405 1 LS XXXX $ 34A Instrumentation 406 1 LS XXXX $

TOTAL BID PRICE – SCHEDULE A (items 1A through 34A inclusive) $

B.2 BID SCHEDULE B – NEW CREEK

Grant County, West Virginia

Item No. Work or Material

Spec.

No.

Estimated Quantity Unit

Unit Price Amount

1B Clearing 1 0.5 AC $ $ 2B Clearing and Grubbing 2 5.0 AC $ $ 3B Temporary Fertilizer 5 4,000 LB $ $ 4B Temporary Seeding – Seed Mixture I 5 250 LB $ $ 5B Temporary Seeding – Seed Mixture

II 5 500 LB $ $

6B Temporary Straw Mulch 5 30 TN $ $ 7B Sediment Basin Structure 5 1 EA $ $ 8B Sediment Basin Cleanout 5 4 EA $ $ 9B Temporary Diversions 5 420 LF $ $

10B Silt Fence 5 2.550 LF $ $ 11B Temporary Slope Diversion

Measures 5 850 LF $ $ 12B Temporary Slope Pipe 5 1 LS XXXX $ 13B Seeding and Mulching 6 12 AC $ $ 14B Erosion Control Matting for Steep

Slopes (Type 2) 6 6,700 SY $ $ 15B Surveys 7 1 LS XXXX $ 16B Mobilization and Demobilization 8 1 LS XXXX $ 17B Removal of Water 11 1 LS XXXX $ 18B Diverting Surface Water 11 1 LS XXXX $ 19B Mobilization/Demobilization for

Grouting 14 1 LS XXXX $ 20B Concrete Working Platform 14 55 CY $ $ 21B Drill Setups for Grouting 14 58 EA $ $ 22B Exploratory Vertical Hole Drilling 14 156 LF $ $ 23B Exploratory Angled Hole Drilling 14 225 LF $ $ 24B Production Vertical Drilling 14 545 LF $ $ 25B Production Angled Drilling 14 525 LF $ $ 26B Washing Grout Holes 14 19.3 HR $ $ 27B Connection to Grout Holes 14 58 EA $ $ 28B Placing Grout 14 110.6 HR $ $ 29B Cement for Grouting 14 61,313 LB $ $

30B Bentonite 14 1,618 LB $ $ 31B Super Plasticizer 14 147.5 GAL $ $ 32B Excavation, Unclassified 21 152,519 CY $ $ 33B Earthfill, Approved, Class A 23 89,690 CY $ $ 34B Earthfill, Random, Class C 23 40,753 CY $ $ 35B Earthfill, Impervious, Class A 23 5,700 CY $ $ 36B Compacting Structural Backfill 23 1 LS XXXX $ 37B Fine Drainfill 24 18,308 CY $ $ 38B Coarse Drainfill 24 8,275 CY $ $ 39B Rockfill, Class II 25 1,587 CY $ $ 40B Salvaging and Spreading Topsoil 26 58,816 SY $ $ 41B Concrete, Backfill 31 90 CY $ $ 42B Concrete, Reinforced 31 25 CY $ $ 43B Coarse Aggregate for Roller-

Compacted Concrete 36 27,720 TN $ $ 44B Fine Aggregate for Roller-

Compacted Concrete 36 22,680 TN $ $ 45B Cement for Roller-Compacted

Concrete 36 2,800 TN $ $ 46B Pozzolan for Roller-compacted

Concrete 36 2,800 TN $ $ 47B Mix, Convey, Place and Cure roller-compacted Concrete 36 28,000 CY $ $ 48B Principal Spillway Conduit – 30”

Diameter 41 60 LF $ $ 49B HDPE Slotted Drain Pipe, 12” diameter 45 675 LF $ $ 50B HDPE Solid Drain Pipe, 12”

Diameter 45 374 LF $ $ 51B PVC Slotted Drain Pipe, 6”

Diameter 45 1,075 LF $ $ 52B PVC Solid Drain Pipe, 6”

Diameter 45 670 LF $ $ 53B Loose Rock Riprap 61 390 CY $ $ 54B Grout for Slush Grouted Riprap 62 14 CY $ $ 55B Preparation and Cleaning of Rock

Surface 63 7,086 SY $ $ 56B Treatment of Rock Surface 63 355 CY $ $ 57B Metal Fabrications and

Installation 81 1 LS XXXX $ 58B Chain Link Fence 91 268 LF $ $ 59B Contractor Quality Control 94 1 LS XXXX $ 60B Type I Geotextile for RCC 95 1,900 SY $ $

61B Geosynthetic Clay Liner 98 3,076 SY $ $ 62B Rock Paved Gutter No. 1 401 325 LF $ $ 63B Piezometers 405 1 LS XXXX $ 64B Surface Monuments 405 1 LS XXXX $ 65B Precast Concrete Manholes 407 2 EA $ $ 66B Furnish and Install Roadway

Base Course 409 160 TN $ $ 67B Furnish and Install Roadway

Surfacing 409 290 SY $ $ 68B Wetlands Mitigation and

Restoration 410 1 LS XXXX $ 69B Payment and Performance Bonds for Bid Schedule A and B 1 LS XXXX $ TOTAL BID PRICE SCHEDULE B (item nos. 1B through 69B inclusive) $

TOTAL BID PRICE FOR BID SCHEDULE A AND B $

B.3 4I-52.214-1 AWARD RESTRICTION (OCT 2009, NRCS, WV)

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

End of Section B

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (OCT 2009)

The earthfill embankment dam was constructed in 1963. This rehabilitation shall make necessary improvements to the reinforced concrete intake riser, auxiliary spillway (ASW), and downstream slope of the embankment. The work shall consist of replacing the reinforced concrete intake riser structure, modifying the open channel auxiliary spillway to include a roller compacted concrete (RCC) structural stepped chute spillway, realigning the auxiliary spillway outlet channel, flattening the downstream slope of the embankment and installing a filter and drainage system, and extending the principal spillway (PSW) outlet works downstream.

The work will be bid utilizing two bid schedules. One contract will be awarded.

Bid Schedule A will consist of work associated with the replacement of the reinforced concrete intake riser structure. The existing riser will be partially removed and utilized for dewatering of the work area. The new riser will be constructed using approximately 236 CY of reinforced concrete. Two water control gates with trash racks, baffle structure, and ladder will be installed on the riser. Site restoration is included in the work.

Bid Schedule B will consist of work associated with modifying the open channel ASW to include a roller compacted concrete structural stepped chute spillway, realigning the ASW outlet channel, flattening the downstream slope of the embankment and installing a filter and drainage system, and extending the PSW outlet works. The roller compacted concrete structural stepped chute spillway will be constructed with approximately 28,000 CY of RCC. Approximately 152, 500 CY of excavation and 136,100 CY of earthfill will be required to complete the ASW and earth embankment modifications. The filter and drainage system will include approximately 26,000 CY of drainfill material and approximately 2,800 LF of plastic drain pipe.

The PSW extension on the downstream side of the dam will consist of the installation of 60 LF of 30-inch diameter reinforced concrete pressure pipe and rock riprap plunge pool. Site restoration and wetland mitigation plants are included in the work.

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

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

End of Section C

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

End of Section D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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://www.gsa.gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-11 HIGHER LEVEL CONTRACT QUALITY FEB 1999

REQUIREMENT

452.246-70 INSPECTION AND ACCEPTANCE FEB 1988

E.2 52.246-11 HIGHER LEVEL 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.)

{ } Title Contractor Quality Control Number CS 94 Date 05/01 and 03/09

Tailoring

E.3 52.246-12 – INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

E.4 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

New Creek #14 Rehabilitation Project, Grant County, West Virginia

End of Section E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(s):

http://www.gsa.gov/far

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 782 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 ACTUAL DAMAGES—CONSTRUCTION (NRCS, OCT 2009)

(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 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 damage will consist of actual damages until the work is completed or accepted.

F.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

End of Section F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT (OCT 2009, NRCS,

WV)

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 contract, contact the payment office designated below for information on when payment will be made.

Amy D. Stonebraker, Contract Specialist

Phone (304) 284-7557 USDA, Natural Resources Conservation Service

1550 Earl Core Road, Suite 200 Morgantown, WV 26505

If questions arise on the amount paid, contact the contracting officer at the number or address shown in the contract.

End of Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-4 ALTERNATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

52.236-13 Accident Prevention is altered to include the following: NRCS Supplement to OSHA, Parts 1910 and 1926, Construction Standards and Interpretations.”

H.2 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or 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 Resources Conservation Service

(b) Weather conditions

National Oceanic Atmospheric Administration (NOAA) Climatological Data

(c) Transportation facilities

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

H.3 AGAR 452.236-73 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.4 AGAR 452.236-74 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 impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, 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.5 AGAR 452.236-75 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"

(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 (5) days per week, Monday through Friday. During RCC placement the work week will be Monday through Saturday, and hours shall be approved by the Contracting Officer.

H.6 AGAR 452.236-76 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.7 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(NRCS, AMB) (JULY 1993)

(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.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 5 DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

31* 28* 31* 4.2 4.6 4.1 4.3 3.8 3.5 3.1 3.6 31*

* Indicates winter shutdown

(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.8 52.246-4 – INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

H.9 NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS

1910 AND 1926 CONSRUCTION 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;

(2) An explanation as to why the waiver is considered justified; 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:

Attn: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402

NATURAL RESOURCES CONSERVATION SERVICE

SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

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, and coordinate safety activities for upcoming work.

1.4 SAFETY PERSONNEL.

Each contractor is to designate a competent supervisory employee 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.

1.6 SAFETY INSPECTION.

The contractor shall perform frequent and regular safety inspections 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, American Red Cross, 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 full compliance with State Worker's Compensation statutes.

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 kits are to be replenished as used 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 employees. The names of the certified employees 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 readily available for transporting injured 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.

2.5 SIGNS AND DIRECTIONAL MARKINGS.

Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

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.

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 copy of each certification to the contracting 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 qualified to perform their assigned work 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 hard-hat area. All persons entering the area are, without exception, required to wear hard-hats. The contractor shall provide hard-hats for visitors entering hard-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:

CONSTRUCTION AREA -- HARD-HAT REQUIRED BEYOND THIS POINT

These signs are to be furnished and installed by the contractor at entries to shops, construction yards, and job access points.

4.3 SAFETY GOGGLES (DRILLERS)

4.3.1 DRILLERS AND HELPERS.

Drillers and helpers operating pneumatic rock drills must wear protective safety goggles.

MACHINERY 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 used by equipment operators.

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 provided to prevent accidents.

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.

5.3.5 OPERATORS.

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

5.3.6 RIDING ON EQUIPMENT.

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

5.3.7 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.

5.4 POWER CRANES AND HOISTS (truck cranes, crawler cranes, tower cranes, gantry cranes, 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 furnished the contracting 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 and the jib, with an appropriate test load in each case.

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 least three travel positions, including both 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 of the locking type or have the pin secured to prohibit turning.

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 manufactured and regardless of the struck capacity of the equipment.

5.5.2 EQUIPMENT REQUIRING ROPS.

The requirement for ROPS meeting 5.5.