AG-82X9-S-12-0157

SECTION B - Schedule of Items SECTION C - Description/specifications/Statement of Work 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 SECTION I - Contract Clauses SECTION J - List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Offerors SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents SECTION M - Evaluation Factors for Award

AG-82X9-S-12-0157

Weller Trail Bridge Reconstruction

SECTION B - Schedule of Items

ITEM

NO.

DESCRIPTION PAY

UNIT

QTY UNIT

PRICE

TOTAL

PRICE

570(01) Trail Bridge Design EA 1

570(02) Construction Survey EA 1

570(03) Trail Bridge Construction EA 1

570(04) Mobilization EA 1

TOTAL

DESCRIPTION – ADDITIVE ITEM

570(05) Removal, Salvage, Transport and Offload

Existing Trail Bridge over Roaring Fork

River

EA 1

570(06) Removal and disposal of Existing Trail

Bridge over Weller Creek

EA 1

TOTAL

ADDITIVE

ITEMS

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-

Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

15101 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

SECTION C - Description/specifications/Statement of Work

SCOPE OF WORK: The work shall consist of what is shown on the drawings, stated in the specifications, and summarized below:

Design a prefabricated steel truss trail bridge with concrete grade beam/geocell abutments as shown in standard plans, to include, but not limited to; superstructure, deck, substructure, and rails.

Final design shall include topographical and site maps, drawings, specifications, estimates, and all calculations, as described in full in the Special Contract Requirements

(SCRs).

Establish construction control points based on the established Forest Service reference points.

Close and sign trail, parking area, and install any traffic control devices required on State

Highway 82 to close the work area to the public.

Furnish all necessary equipment, labor, and materials for construction and installation of the new trail bridge.

Remove trees and clear and grub as required.

Preserve and utilize topsoil on disturbed areas.

Fabricate grade beams for abutments.

Excavate and construct abutments.

Grade the channel banks under the bridge and install riprap, if required.

Fabricate, deliver, and erect the prefabricated steel truss trail bridge including superstructure, deck, and rails.

Construct approaches and embankments.

Remove any traffic control devices.

Open trail and trail bridge.

Once the new structure is complete and accepted, remove the existing trail bridge.

Salvage and deliver the north half of the existing Roaring Fork 61 foot by 6 foot trail bridge to Glenwood Springs Storage Yard in Glenwood Springs, Colorado (additive item).

Remove and dispose of the south half of the existing Roaring Fork trail bridge and the

Weller Cr Trailbridge (Additive Items).

Remove existing abutments and fill.

Stabilize stream banks at former bridge site.

Scarify, mulch, and seed former abutment locations and trail approaches from existing bridge location to intersections with new trail and all disturbed areas at the new bridge site.

PROJECT LOCATION: This project is located on the Aspen / Sopris Ranger District, Pitkin

County, in the White River National Forest on the Weller Lake Trail (NFST 1986.1) just outside the Collegiate Peaks Wilderness. To access the site, take State Highway 82 south, approximately

8 miles past Aspen and park in the Weller Lake Trailhead parking lot. The Weller Lake

Trailhead is located within the Independence Pass Corridor. The existing bridge site is located approximately 0.2 miles from the trailhead on Weller Lake Trail NFST 1986.1. The new bridge site is located at the Trailhead Parking Lot, just west of the current Trailhead. Both sites are within T.11S, R. 84W, Section 1.

There is no Government sanitation, water, electrical, or housing services provided. If the

Contractor will be camping near the site, a permit must first be obtained. The permit request shall be made through the Contracting Officer (CO) a minimum of three weeks prior.

SITE ACCESS PLAN: All staging of materials or heavy equipment shall be at the Weller

Trailhead Parking Lot. When possible, staging will be restricted to the west side of the parking lot. Access to the new bridge shall be the Trailhead parking lot. Access to the existing bridge shall be from the small trailhead just east of the parking lot.

TECHNICAL SPECIFICATIONS: See Section J for Technical Specifications and other pertinent information.

PERFORMANCE PERIOD: All design work and shop drawings shall be completed and approved within 150 calendar days after receiving award. All work shall be completed no later than September 30, 2013.

GOVERNMENT-FURNISHED INFORMATION: The Government will provide the

Contractor with the following listed materials or information:

1. Survey points data including project specific horizontal and vertical control points;

2. Preliminary bridge length and location;

3. Hydraulic Study with water surface elevations relative to control points; and

4. Standard Plans showing the general type of structure to be constructed and installed.

WORK PROCEDURE: All work related to this project shall be done in accordance with all applicable OSHA and State of Colorado regulations.

Designated construction staging area is the Weller Trailhead Parking Lot. Security of the staging area shall be the responsibility of the Contractor.

The Contractor shall be responsible for maintaining access to the site during any winter work period. State Highway 82 is closed over Independence Pass during winter months. More information on winter closures can be found at www.cotrip.org.

REFERENCED SPECIFICATIONS : The design shall be in accordance with the most recent editions of AASHTO LRFD Guide Specifications of Pedestrian Bridges and AASHTO LRFD

Bridge Design Specifications. This publication may be obtained from the AASHTO Bookstore:

AASHTO Publications Order Department

P.O. Box 933538

Atlanta, GA 33193-3538

1-800-231-3475 https://bookstore.transportation.org

Construction shall conform to the specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, U. S. Customary Units” publication FP-03, 2003 Edition. This publication may be obtained from:

Headquarters, Washington D. C.

David K Green

Construction Standards Engineer

Internet: david.green@fhwa.dot.gov

Federal Highway Administration

HFPD-3

400 Seventh Street, SW

Washington D.C. 20590

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities

(except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

452.236-70 Additive or Deductive Items. (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is

$100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because of each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After mailto:david.green@fhwa.dot.gov determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.

(End of clause)

SECTION D - Packaging and Marking

None.

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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):

https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 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 30 September 2013 The time stated for completion shall include final cleanup of the premises.

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):

https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/ https://www.acquisition.gov/far/ http://farsite.hill.af.mil/

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within Within Ten (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 40 hours per week Monday through Friday.

52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the

Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved

(but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.1 DESIGN DELIVERABLES:

A summary of design deliverables is shown below. Full details can be located in Special Contract

Requirement 570.

Topographic Map and Site Plans.

Design Package.

The new trail bridge design shall incorporate all related field data, Forest hydrology and hydraulics, standard plans, structural considerations, geotechnical recommendations, Forest Service design review input, and any other information pertinent to the design.

Plans shall be stamped by an Engineer licensed in the State of Colorado as outlined in the

Standard Plans.

A pre-work meeting to discuss design review criteria, construction staging and sequencing, and construction will be required. A 50%, 90%, and 100% complete set of

Plans, Supplemental Specifications, Schedule of Items, and List of Specifications (PS&E) submittal will be required. After submittal of the 50% and 90% PS&E, the Forest

Service will review and provide comments. The Designer will be expected to respond to and/or incorporate all comments received into subsequent submittals.

Submittal, review, and acceptance of the manufacturer’s superstructure shop drawings will also be required as part of the 90% and 100% submittal packages.

The Contractor shall provide the following number of sets, within these formats, and types of material for each submittal.

a. Four (4) paper sets of 50% complete PS&E submittals are due 90 calendar days after the site is accessible or the Notice to Proceed is issued.

b. Four (4) paper sets of 90% complete PS&E submittals are due 60 calendar days after the Forest Service has returned comments on the 50% complete

PS&E submittals.

c. The 100% complete PS&E package is due 10 calendar days after receipt of final comments, and shall consist of four (4) paper sets including all revisions, and three (3) identical CDs, each containing all documents in an electronic format.

All plan sets shall be half sized sheets (11" x 17"). The 100% complete PS&E submittal will also be provided by the contractor on compact disks (CDs) compatible with

Microsoft Windows operating system. The CDs shall include plans in a format compatible with AutoCAD version 2010 or later.

Plans shall be stamped by an Engineer licensed in the State of Colorado as outlined in the

Standard Plans.

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful Offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at: White River National Forest

Supervisor’s Office located at 900 Grand Ave Glenwood Springs, CO, 81601.

G.1 INVOICES & PAYMENTS

Invoices will be prepared and sent to:

Richard W. Mizell, Contracting Officer

Phone: 970-945-3249 Fax: 970-945-3249

E-Mail: rwmizell@fs.fed.us

USDA Forest Service

P.O. Box 16549

Colorado Springs, Colorado 80935

PAYMENT WILL BE MADE BY:

USDA Rural Development

Centralized Servicing Center

4300 Goodfellow Blvd (FC-233)

Bldg 105E

St. Louis, MO 63120-1703

PHONE: 314-457-4525

G.2 FOREST SERVICE REPRESENTATIVES:

Christina Cook will serve as the Contracting Officer on this contract. She will have full warrant authority over all contract issues. She can be reached at 970-295-6635 or christinaacook@fs.fed.us.

Richard W. Mizell will serve as the Administrative Contracting Officer on this contract.

He can be reached at 970-945-3249 or rwmizell@fs.fed.us.

A Contracting Officer Representative (COR) will be appointed for this contract upon award. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his/her contact information.

G.3 Administration Data

1. Contract Award; A written award or acceptance of offer mailed or otherwise furnished to the

Contractor shall result in a binding contract without further action by either party.

mailto:christinaacook@fs.fed.us mailto:rwmizell@fs.fed.us

2. Notice to Proceed; The Contractor shall commence work upon receipt of a properly executed

Notice to Proceed.

3. Changes; The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the

Contractor effects any such change at the direction of any person other than the Contracting

Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel; The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

SECTION H - Special Contract Requirements

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 in Section J Statement of Work and other pertinent information..

(b) Weather conditions The contractor can anticipate moderate to heavy snowfall during the winter months.

(c) Transportation facilities The site can be accessed with personal vehicles and Public transportation is available to the trail head.

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the

Contractor's agents or employees.

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

ADDENDUM to AGAR 452.236-77(c)

An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project

Manager and Project Foreman.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit theinformation required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting

Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service

(INS) [now known as the US Citizen and Immigration Service (USCIS)] has established the

Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

4G52.222-704 - Personal Protective Equipment (FEB 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters

Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H. 1 FIRE PREVENTION AND CONTROL

See EMERGENCY CONTROL - FIRE PLAN - Section J

H. 2. PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.3. SAFETY PLAN

Pursuant to FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H.4 AGAR ADVISORY NUMBER (NO.) 88c- CONTRACTOR PERFORMANCE

INFORMATION AND CONTRACTOR PERFORMANCE SYSTEM (CPS)

EVALUATIONS

The awarded Contractor shall be required to register in the civilian Contractor Performance System maintained by the National Institutes of Health at http://cps.od.nih.gov/Contractor_Info7.html.

SECTION I - Contract Clauses

52.202-1 Definitions. (JAN 2012)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, 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. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May

2011)

52.204-7 Central Contractor Registration. (FEB 2012)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

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

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.219-25 Small Disadvantaged Business Participation Program-Disadvantaged Status and

Reporting. (DEC 2010)

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. (JUN 2010)

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 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 RESERVED.

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

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

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

52.228-11 Pledges of Assets. (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

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. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT

2003)

52.233-1 Disputes. (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)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)

52.236-15 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)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR

1984)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.246-21 Warranty of Construction. (MAR 1994)

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

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-76 Samples and Certificates. (FEB 1988)

452.236-77 Emergency Response. (NOV 1996)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

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

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (MAY 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

(c) In the performance of this contract, the Contractor shall-

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the

Contractor during the previous Government fiscal year, between October 1 and

September 30;

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contract to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Shea Kosmalski - 970-945-

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

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

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

FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of

1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means 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. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material

(whether or not such costs are paid to a domestic firm), and any applicable duty

(whether or not a duty-free entry certificate is issued); or

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

"Domestic construction material" means--

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

States;

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

(i) The cost of its components mined, produced, or manufactured in the

United States exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C.

10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the

Government as follows:

None.

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

(i) The cost of domestic construction material would be unreasonable.

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

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any

Contractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

(3) Unless the Government determines that an exception to the Buy American

Act applies, use of foreign construction material is noncompliant with the Buy

American Act or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under

Treasury Department regulations, certain bonds or notes of the United States. The

Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $40,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting

Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-2 Additional Bond Security. (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the

Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the

ILC.

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

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

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR

2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector

General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-

5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.

4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT

2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22

U.S.C. 7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

452.228-70 Alternative Forms of Security. (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: White River National Forest

(End of Provision)

*Contracting Officer shall insert the name of the USDA contracting activity.

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

(NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction

Contracts, shall not cover any amount therefor not included in the contract price.

SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment

Number

Attachment Title Date Number of Pages

Cross Reference

Materials

Document

Version

J.1

Specifications 07/23/2012 52 BASE

J.2

Drawing 1 of 5 07/23/2012 1 BASE

J.3

Drawing 2 of 5 07/23/2012 1 BASE

J.4

Drawing 3 of 5 07/23/2012 1 BASE

J.5

Drawing 4 of 5 07/23/2012 1 BASE

J.6

Drawing 5 of 5 07/23/2012 1 BASE

J.7

Design Criteria 07/23/2012 1 BASE

J.8

List of Required

Submittals

07/23/2012 2 BASE

J.9

DB Wage

Determiantion

07/23/2012 17 BASE

J.10

Emergency Fire

Control

07/23/2012 4 BASE

Attachment

J.11

Control Point

Data

07/23/2012 1 BASE

Attachment

J.12

Survey Points

Data

07/23/2012 6 BASE

Attachment

J.13

Hydraulics

Report

07/23/2012 8 BASE

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is 33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2,…