CONSTRUCTION RFQ.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 47

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-87BJ-S-09-0029 08/24/2009 299428 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) AQM, Custer National Forest, Billings, MT 59105

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY X FOB DESTINATION NAME TELEPHONE NUMBER See Schedule OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Lori Austad, Contracting Curt Grudniewski, COR

657-6205 Ext 264 227-7856

a. NAME OF CONSIGNEE See Schedule

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

09/10/2009 submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f) Roadway Reconditioning, Sheyenne, RD, North Dakota Dakota Prairie Grasslands

In Accordance with the Attached Terms and Conditions & Specifications

Please Provide:

DUNS#__________________________

TIN#____________________________

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AG-87BJ-S-09-0029

Roadway Reconditioning

PART 1 – THE SCHEDULE

SECTION B – SERVICES AND PRICES

D1 DECOMMISSION/STORM RESTORATION

SHEYENNE RANGER DISTRICT

DAKOTA PRAIRIE GRASSLANDS

RANSOM COUNTY, NORTH DAKOTA

B -1 SCHEDULE OF ITEMS

ITEM 1 – POTHOLE REPAIR

*Method Estimated Pay Unit Amount Item No. Item Description of Meas. Quantity Unit Price Bid_____

151 Mobilization LSQ 1 Each $________$__________

204 Excavation & Embankment (Type E, Compaction d) CQ 1225 CY $________$__________

301 Aggregate (compacted) CQ 655 CY $________$__________ (Compaction A GFM)

624 Topsoil CQ 300 CY $________$__________

Item 1 Total $_____________ _

ITEM 2 – NFSR #1224

151 Mobilization LSQ 1 Each $________$__________

301 Aggregate (compacted) CQ 1050 CY $________$__________ (4” - Compaction A GFM)

303 Roadway Reconditioning CQ 5280 LF $________$__________

Item 2 Total $_____________ _

ITEM 3 – NFSR #1227A

151 Mobilization LSQ 1 Each $________$__________

204 Excavation & Embankment (Type E, Compaction d) CQ 1060 CY $________$__________

301 Aggregate (4”compacted) CQ 210 CY $________$__________ (Compaction A) (GFM)

624 Topsoil CQ 535 CY $________$__________

Item 3 Total $______________ _

*Designated method of measurement

CQ - contract quantities AQ - actual quantities VQ - vehicle quantities LSQ - lump sum quantities SQ - staked quantities GFM – Government Furnished Material

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

Description of Work – Road Reconditioning D1 (Decommission/Flood Restoration Project) consists of Pothole repair, reshaping roadway templates, constructing roadway templates and aggregate surfacing. All work to be done in accordance to the Plans, Drawings, Specifications, Special Project Provisions and Construction Notes for this project.

(a) Project Location. The project consists of work on three Items located in the Sheyenne Ranger

District. Lisbon, North Dakota, Ramsom County.

Item 1 – Pothole Repair, 17 locations

Pothole #1 is located on NFSR #1201 in the SWNW Section 10, T133N, R52W approximately 3 miles south and 4 miles east of McLeod, ND in Ransom County.

Pothole #2 is located on NFSR #1201 in the NWSW Section 3, T133N, R52W approximately 2 miles south and 4 miles east of McLeod, ND in Ransom County.

Pothole #3 is located on NFSR #1201 in the SWSW Section 34, T134N, R52W approximately 1 mile south and 4 miles east of McLeod, ND in Ransom County.

Pothole #4 is located on NFSR #1204B, in the NENE Section 35, T134N, R52W approximately 1 mile south and 6 miles east of McLeod, ND in Ransom County.

Pothole #5 is located on NFSR #1212 in the SWNE Section 22, T135N, R53W approximately 6 miles north and 1 mile west of McLeod, ND in Ransom County.

Pothole #6 is located on NFSR #1212 in the NENE Section 29, T135N, R52W approximately 6 miles north and 3 miles east of McLeod, ND in Ransom County.

Potholes #7 is located on NFSR #1216 in the NENW Section 27, T135N, R53W approximately 6 miles north and 1 mile west of McLeod, ND in Ransom County.

Pothole #’s 8 thru 13 are located on NFSR #1227 in Sections 14, 15, T134N, R54W approximately 2 miles north and 7 miles west of McLeod, ND in Ransom County.

Pothole #14 is located in the NWNE, Section 24, T135N, R54W approximately 6 miles south and 4 miles east of Sheldon, ND in Ransom County.

Pothole #15 is located in the NENE, Section 30, T135N, R53W approximately 7 miles south and 5 miles east of Sheldon, ND in Ransom County.

Pothole #16 is located in the SESE, Section 30, T135N, R53W approximately 8 miles south and 5 miles east of Sheldon, ND in Ransom County.

Pothole #17 is located in the NWNE, Section 25, T136N, R53W approximately 1 mile south and 10 miles east of Sheldon, ND in Ransom County.

Item 2 – NFSR #1224 is located along a section line road, between Sections 21 & 28, T134N, R53W approximately 0 miles north and 2 miles west of McLeod, ND in Ransom County.

Item 3 – NFSR #1227A is located on a Section line between Sections 15 & 22, T134N, R54W approximately 1 mile north and 8 miles west of McLeod, ND in Ransom County.

(b) Price Range. $25,000 - $100,000

(c) Pre-Bid Tour. No formal site tour is planned , however, bidders are strongly encouraged to visit the site prior to preparing and submitting their bid. Bidders desiring to visit the site may contact Curt Grudniewski, Medora Ranger District office, Dickinson, N.D. telephone number 701-227-7856 for information.

(d) Government-Furnished Property: Aggregate

(e) Estimated Start Date/Period of Performance: It is anticipated that work can begin October 1, 2009.

Work shall be completed by August 1, 2010.

C-2 - SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included:

SPS 101 Terms, Format & Definitions 3/09 DPG SPS 102-108 General Requirements 3/09 DPG SPS 109 Measurement and Payment 3/09 DPG SPS 155 Schedules for Construction Contracts 3/09 DPG SPS 204 Excavation and Embankment 3/09 DPG SPS 301 Aggregate Courses 3/09 DPG SPS 303 Roadway Reconditioning 6/09 DPG SPS 624 Placing Topsoil 5/09 DPG SPS 625 Turf Establishment 3/09 DPG SPS 635 Temporary Traffic Control 3/09 DPG

C-3 - STANDARD SPECIFICATIONS” Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03” (2003) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.The “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03” (2003) are available electronically from the Federal Highways website:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

The current version of the FP-03 is out of print and Federal Highways does not plan on printing more.

The following Standard Specifications are applicable to this contract.

101 Terms, Format and Definitions 2003 103-107 General Items 2003 109 Measurement and Payment 2003 151 Mobilization 2003 153 Contractor Quality Control 2003 156 Public Traffic 2003 204 Excavation and Embankment 2003 301 Aggregate Courses 2003 303 Roadway Reconditioning 2003 624 Topsoil 2003 625 Turf Establishment 2003 635 Temporary Traffic Control 2003

Note: Any additional specifications referenced in the above standard specifications are also applicable to this contract.

C-4 PROJECT DRAWINGS The following drawings are a part of this solicitation and any resulting contract:

Drawings

D1 Decommission/Flood Restoration Project

Sheet No Description 1 Title Sheet 2 Summary of Quantities 3 Project Area Map 4 Item 1, Pothole Repair Location Map 5 Items 2 & 3 Project Location Map 6-7 Road Logs Items 1 thru 3 8 Typical Sections http://www.wfl.fha.dot.gov/design/specs/fp03.htm

SPECIAL PROJECT SPECIFICATION

Preface

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,”.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S.

Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

SPS 101 - 1 DPG (3/09)

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

SPS 101 - 2 DPG (3/09)

102 - Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

Delete Sections 104.01, 104.02, and 104.04.

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor shall be responsible for all damage and/or restoration of roads whether existing or created, public or private, used in conjunction with the construction of a project. All roads shall be returned to a condition equal or better to that existing prior to their use in construction of the project. Repair and or restoration work of roads shall be at the expense of the Contractor.

105 - Control of Material

105.02 Material Sources. deleted

106 - Acceptance of Work

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public

107.02 Existing Utilities

It shall be the Contractor's responsibility to determine and verify the location of existing utilities before commencing any work in the vicinity. The Contractor shall indemnify and save harmless the Government from and against any and all claims, actions, suits, demands, damage or costs howsoever arising because of any damage to existing utilities.

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

SPS 102 thru 107-1 DPG (3/09)

107.10 Environmental Protection.

Add the following:

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

108 - Prosecution and Progress Delete Section 108 in its entirety.

109 - Measurement and Payment Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

155 - Schedules for Construction Contracts Delete Section 155 in its entirety.

Section 204 - Excavation and Embankment

204.04 Preparation for Roadway Excavation and Embankment Construction. Clear the area of vegetation and obstructions according to Sections 201 and 203.

204.05 Conserved Topsoil

Topsoil shall be stripped and stockpiled from all excavation/embankment areas and stockpiled. Topsoil shall not be used in embankment construction. The minimum depth of topsoil is four (4) inches. This work is incidental to this pay item and the quantity is included in the quantity for Item 204 – Excavation.

No separate measurement shall be made. The placing of topsoil shall be paid for on Item 624 – Topsoil.

SPS 107-2 thru 204-1 DPG (3/09)

204.10 Embankment Construction

(a) General.

Delete the third paragraph and add the following:

Compact embankment layers for road, turnouts and approaches with hauling equipment as construction progresses by Compaction Method D.

204.11 Compaction

Delete the first paragraph and replace it with the following:

For compaction method D, no sieve test is required.

Add the following compaction method:

(D) Layer Placement Method - (Hauling and Spreading Equipment). Place material by end dumping to the minimum depth needed for operation of spreading equipment. Level and smooth each embankment layer before placing the next layer. Operate hauling and spreading equipment uniformly over the full width of each layer. Construct a solid embankment with adequate compaction by working smaller rock and fines in with the larger rocks to fill the voids and by operating hauling and spreading equipment uniformly over the full width of each layer as the embankment is constructed.

204.13 Sloping, Shaping, and Finishing

(a) Sloping.

Slope rounding is not required on construction tolerance class E roads

Delete section (d) and add the following:

(d) Finishing. For surfaced roads, turnouts and approaches remove all rock larger than six (6) inches from the top six (6) inches of the subgrade. For roads, turnouts and approaches finish the roadbed to be smooth and uniform, and shaped to conform to the typical sections. Remove unsuitable material from the roadbed and replace it with suitable material. Finish roadbeds to the construction tolerance class E.

Ensure that the subgrade for the roads is visibly moist during shaping and dressing. Bring low sections, holes, cracks, or depressions to grade with suitable material. Maintain proper ditch drainage.

204.14 Disposal of Unsuitable or Excess Material

Delete the text of the first paragraph:

Table 204-1 Sampling and Testing Requirements.

Add the following note to the table:

(2) Using compaction Method (D), AASHTO M 145, T 99, T 180, and T 310 are not required for earth embankment test methods.

SPS 204-2 DPG (3/09)

204-2—Construction Tolerances:

Tolerance Class E allowable maximum deviations are:

- Roadbed width - maximum deviation shall be +1.0 foot

- Subgrade elevation - maximum deviation shall be +0.5 feet

- Centerline Alignment - maximum deviation shall be + or – 1.0 foot

- Slopes, Excavation & Embankment (% slope) – maximum deviation shall be + or – 5%

301 - Untreated Aggregate Courses

301 Title Change

Change the title to: Section 301 - Aggregate Courses

301.01 Description

The quantity listed in the Schedule of Items for each Site (as applicable) is for surfacing compacted in place at the depth and width as specified in the road logs and typical sections.

It shall be the contractor’s responsibility to haul Government Furnished Material from the stockpile site located in the south ½ of the south ½ of section 32, T134N, R54W, Rustad’s pit, to each ITEM and repair area. The GFM shall be placed and compacted with type A compaction.

The phone number to make arrangements for pick up is 701-428-3896.

The contractor shall haul enough material to overcome the compaction factor to achieve the required thickness. The contractor shall spread and compact the material in accordance to the plans, drawings, special project specifications and specifications. Prior to any placing of aggregate surfacing on any site or repair are the subgrade shall be inspected and approved by the Engineer.

The subgrade inspection shall include approaches and turnouts. Pay Item 301 shall be for this work in its entirety and no separate measurement shall be made.

301.02 Material – Government Furnished Material

301.03 General

Add the following:

Request written approval by the Contracting Officers Representative (COR) of the roadbed a minimum of forty-eight (48) hours before the placing of aggregate.

SPS 504-3, 301-1 DPG (7/09)

301.04 Mixing and Spreading

Delete the first sentence of the first paragraph and add the following:

Spread the aggregate in a uniform layer, with no segregation of size, and to a loose depth that will provide the required compacted thickness. Route and distribute hauling and leveling equipment over the width and length of each layer.

301.05 Compacting

Delete and replace with the following:

Compact each layer full width. Roll from the sides to the center, parallel to the centerline of the road.

Compact the aggregate with the following method specified:

Compaction A: Operate spreading and hauling over full width of the travel way.

For all compaction methods, blade the surface of each layer during the compaction operations to remove irregularities and produce a smooth, even surface.

301.06 Surface Tolerance

Delete the first paragraph and add the following:

Thickness and Width requirements:

The maximum variation from the compacted specified thickness is ½ inch. The compacted thickness shall not be below the specified thickness and the average thickness of four (4) random measurements for the road segment is within + ¼ inch of the specified thickness.

The maximum variation from the specified width will not exceed +12 inches at any point.

The compacted width is not consistently above the specified width and the average of any four random measurements along any ½ mile of road segment is within +4 inches of the specified width. Acceptance shall be in conformance with Contractor supplied documentation in accordance with Table 301-1

SPS 301-2 DPG (3/09)

Table 301-1—Acceptance Sampling and Testing Requirements.

Table 301-1

Material or Product Acceptance Characteristic g Frequency t of Sampling

Aggregate Width Measured and tested conformance (Subsection

106.04)

Width 4 per each 0.5 mi

Roadbed after processing

Aggregate Thickness

Measured and tested conformance (Subsection

106.04)

Thickness 4 per each 0.5 mi

Roadbed after processing

301.09 Measurement.

Replace the second paragraph with the following:

Measure aggregate by cubic yard compacted in place when payment is by contract quantities.

301.10 Payment

Delete the following:

adjusted according to Subsection 106.

Section 303 - Road Reconditioning

303.01 Description

Delete and add the following:

This work consists of reconditioning the existing roadway, shoulders, ditches and reshaping the travelway including turnouts and approaches as shown on the typical sections.

303.02 Material

In all sections and pothole repair areas remove the topsoil from the shoulders, inslopes, ditch and backslope as necessary to restore the road template. Once the topsoil has been removed, reshape the roadway to typical sections including ditch sections, turnouts and approaches. After the template has been reshaped and accepted by the Engineer, place topsoil back on disturbed areas.

SPS 301-3, 303-1 DPG (7/09)

303.10 Measurement and Payment

Payment for this work shall not be made on Items 1 and 3 and shall be considered incidental to pay items 204 – Excavation and 624 – Topsoil. Measurement on Item 2 shall be not be made and shall be paid for at the contract quantity listed in the schedule of items.

624 – Placing Topsoil:

Description

Newly disturbed areas from construction shall be topsoiled with four inches (4”) of topsoil in accordance with Specification 625.04 – Preparing Seedbed. After cut and fill slopes are topsoiled, excess topsoil shall be placed on road obliteration areas. Payment for this item shall be for this work in its entirety, no separate measurements shall be made.

625 - Turf Establishment

625.03 General.

Delete this subsection

625.04 Preparing Seedbed.

Delete entire subsection and replace with the following:

Ensure that the surface soil is in a roughened condition favorable for germination and growth.

625.05 Watering

Delete entire subsection.

625.06 Fertilizing. Delete entire subsection.

625.07 Seeding.

Delete entire subsection

635 - Temporary Traffic Control

635.03 General.

Install temporary traffic control signs to temporary posts or approved temporary sign mounts.

SPS 303-1, 624, 625, 635 DPG (3/09)

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I

(APR 1984)

The Contractor shall be required to 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 _August 1, 2010_. The time stated for completion shall include final cleanup of the premises.

http://www.arnet.gov/far/

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by October 1, 2009. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within ___7___ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information 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 proposed to carry out the work.

The maximum workweek that will be approved is seven days per week, excluding holidays. No work shall be performed between the hours of 8:00 pm and 7:00 am.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held by Teleconference call.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract. Aggregate

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-77 Emergency Response.

As prescribed in 436.577, the following clause may be used in Forest Service construction contracts:

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.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

(Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) http://www.usda.gov/procurement/policy/agar.html

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 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)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

http://fedgov.dnb.com/webform

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

(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— http://www.ccr.gov/

(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 the construction material 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.

(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).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $100,000)

(a) The Contractor shall submit one of the following payment protections __Payment Bond_________________________ _ __Irrevocable Letter of Credit________________

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _7_ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

SHEET NO. DESCRIPTION

1 Maps, Road Logs and Drawing

(Separate Attachment) 2 Questionaire 3 Wage Determination

Roadway Reconditioning PAGE 31 of 47 Attachment 2

EXPERIENCE QUESTIONNAIRE

OFFERORS/QUOTERS SHALL FURNISH THE FOLLOWING INFORMATION AS IT

PERTAINS TO THIS SOLICITATION OR REQUEST FOR QUOTATION:

(a) Furnish the following experience information:

(1.) How many years experience as a prime contractor do you have?

(2.) List your contract experience over the past 3 years.

CONTRACT

AMOUNT

TYPE OF

PROJECT

DATE

COMPLETED

NAME, ADDRESS, AND TELEPHONE NO.

OF OWNER/PERSON TO CONTACT FOR

PROJECT INFORMATION

(b) Furnish the following equipment information:

(1.) List below the major equipment that will be utilized full time on this project:

NUMBER

AVAILABLE

EQUIPMENT

TYPE

DESCRIPTION,

SIZE, CAPACITY,

ETC.

CONDITION

OWNED OR

RENTED

Please furnish any performance information that will help to evaluate your ability to successfully complete this project:

Attachment 3

General Decision Number: ND080002 11/21/2008 ND2

Superseded General Decision Number: ND20070002

State: North Dakota

Construction Type: Highway

Counties: North Dakota Statewide.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008 1 05/02/2008 2 09/05/2008 3 09/26/2008 4 11/07/2008 5 11/21/2008

ELEC0714-002 07/01/2007

ADAMS, BILLINGS, BOTTINEAU, BOWMAN, BURKE, BURLIEGH, DIVIDE,

DUNN, EMMONS, GOLDEN VALLEY, GRANT, HETTINGER, MCHENRY,

MCKENZIE, MCLEAN, MERCER, MORTON, MOUNTRIAL, OLIVER, PIERCE,

RENVILLE, ROLLETTE, SHERIDAN, SOIUX, SLOPE, STARK, WARD, &

WILLIAMS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 31.66 7.62+11%

ELECTRICIAN.................$ 31.26 7.62+11%

ELEC0714-003 10/01/2006

LINE CONSTRUCTION:

Rates Fringes

Line Construction

CABLE SPLICER...............$ 27.59 4.75+28%

GROUNDMAN...................$ 16.55 4.75+28%

LINE EQUIPMENT OPERATOR.....$ 24.83 4.75+28%

LINEMAN.....................$ 27.59 4.75+28%

ELEC1426-002 06/01/2007

BARNES, BENSON, CAVALIER, DICKEY, EDDY, FOSTER, GRAND FORKS,

GRIGGS, KIDDER, LAMOURE, LOGAN, MCINTOSH, NELSON, PEMBINA,

RAMSEY, RANSOM, RICHLAND, SARGENT, STEELE, STUTSMAN, TOWNER,

TRAILL, WALSH, & WELLS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 23.90 7.46+12%

ELECTRICIAN.................$ 22.76 7.46+12%

ENGI0049-001 10/01/2008

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 21.50 11.85

GROUP 2.....................$ 20.60 11.85

GROUP 3.....................$ 20.35 11.85

GROUP 4.....................$ 20.20 11.85

GROUP 5.....................$ 19.35 11.85

GROUP 6.....................$ 18.05 11.85

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: All Cranes 60 tons and over, Cranes doing piling, sheeting,…