B08_Solicitation_-_Att_1_-_Specifications.pdf

Pathways – Phase V

PMIS #207761

PMIS# 207761

GRAND TETON NATIONAL PARK

GRTE

PMIS NO. 207761

PROJECT SPECIFICATIONS

NATIONAL PARK SERVICE

REGIONS 6, 7, & 8

November 25, 2024 i

PREFACE

Construction contracts are also governed by the following regulations:

● Federal Acquisition Regulation (FAR), Title 48, Code of Federal Regulations, Chapter 1; and

A complete copy of the FAR is available from the Superintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402.

ii

METRIC TO U.S. CUSTOMARY CONVERSION FACTORS (approximate)

Symbol When You Know Multiply By To Find Symbol

LENGTH

µm micrometers 3.9 × 10-5 inches in mm millimeters 0.039 inches in m meters 3.28 feet ft m meters 1.09 yards yd km kilometers 0.621 miles mi

AREA

mm2 square millimeters 0.0016 square inches in2 m2 square meters 10.764 square feet ft2 m2 square meters 1.195 square yards yd2 ha hectares 2.47 acres ac km2 square kilometers 0.386 square miles mi2

VOLUME

mL milliliters 0.034 fluid ounces fl oz L liters 0.264 gallons gal m3 cubic meters 35.31 cubic feet ft3 m3 cubic meters 1.308 cubic yards yd3

MASS

g grams 0.035 ounces oz kg kilograms 2.2046 pounds lb Mg megagrams 1.1023 short tons T

(or "t") (or "metric ton") (2000 lb)

TEMPERATURE (exact)

°C Celsius temperature

1.8C +32 Fahrenheit temperature

°F

ILLUMINATION

lx lux 0.0929 foot-candles fc cd/m2 candela/m2 0.2919 foot-Lamberts fl

MISCELLANEOUS

J joule 0.7376 foot·poundforce ft·lbf N newtons 0.225 poundforce lbf kPa kilopascals 0.145 Poundforce per square inch lbf/in2

DIVISION 100

GENERAL REQUIREMENTS

Section 100

Section 100. — GENERAL

100.01 Work Covered by Contract Documents.

(a) Project Location: Grand Teton National Park, Sagebrush Drive and Spring Gulch Road which are adjacent to US Hwy 26/89/191 and Jackson, WY, Moose, WY 83012.

(b) Description: The Sagebrush Pathway Connector Project will provide a paved pedestrian connection between the Roundabout at Gros Ventre Junction on US Hwy 26/89/191 with the Jackson Hole Community Pathways system at Jackson Hole Golf & Tennis. The project includes the development of a 0.8-mile, 10-foot wide asphalt paved pathway designed for pedestrian use. The project also includes four concrete box culverts placed within irrigation ditches with riprap armoring and the creation of a small parallel parking pullout sufficient for approximately five vehicles alongside Sagebrush Drive.

(c) Project will be constructed under a sealed-bid, firm fixed price contract.

100.02 Work Phases.

(a) Conduct the onsite work no earlier than July 1, 2025 – October 15, 2025

(b) Irrigation ditches have water flowing from roughly mid-May to Mid-October.

100.03 Conduct of Operations.

(a) Conduct operations in conformance with rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and applicable park rules and regulations prescribed by Park Superintendent.

(b) Do not display signs or advertisements (except those specified herein) on the construction site or within the park unless approved by the Contracting Officer.

(c) Nonsmoking Building/Tobacco Use/Vaping: Smoking is not permitted within 25 feet of any building entrance, operable windows, or outdoor air intakes.

(d) Night Sky. Comply with NPS lighting guidelines to reduce impacts to the night sky and wildlife.

This will include, but is not limited to, low-level lighting, minimized glare, downward focused light fixtures, and energy efficient light sources.

(e) Aircraft.

(1) The following stipulation applies to all unmanned aircraft and aircraft managed by the Department of the Interior and Department of Agriculture in accordance with the Teton Interagency Aviation Management Plan. Coordinate all aircraft activities including unmanned aircraft with the Park's Interagency Aviation Officer (307-739-3339/5524) at least 30 days in advance. Flight requests or flight schedules should be submitted to the Aviation Officer by the requestor and be returned to the requestor if approved from Teton Interagency Dispatch. Flight requests or flight schedules for nonemergency missions need to be submitted allowing enough time for approval of project aviation safety plans, aircraft selection or procurement, and selection of aircraft management and necessary support personnel.

(2) The following stipulation applies to manned aircraft activities not directly managed by Teton Interagency Aviation and that require a special use permit or scientific research permit. For each day of activity where any type of aircraft is used the permit holder or aircraft operator shall contact Teton Interagency Dispatch (307-739-3630) prior to and at the end of the operation.

100.04 Administrative and Procedural Requirements for Contract Modifications.

(a) Home Office Overhead: Costs incurred in support of all of a contractor’s projects and not attributable to a specific job. The cost for home office overhead is only allowed as a percentage of all direct work excluding profit. The following items represent allowable home office overhead costs identified in Part 31 of the Federal Acquisition Regulation (FAR):

(1) Rent

(2) Utilities

(3) Furnishings

(4) Office equipment

(5) Executive and management staff not exclusively assigned to the project

(6) Support, accounting, and administrative staff

(7) Preparation of cost proposals, estimating, and schedule analyses connected with Modifications

(8) Estimating and preconstruction services

(9) Mortgage costs

(10) Real estate and corporate taxes

(11) Automobile maintenance and travel costs for home office personnel

(12) Home office insurances i.e. structure, automotive, umbrella, flood, etc.

(13) Depreciation of equipment and other assets

(14) Home office supplies (paper, staples, etc.)

(15) Legal services

(16) Accounting and data processing

(17) Professional fees/registration

(b) General Conditions (Field Office Overhead): Management and administrative costs incurred on site for the designated project. Costs associated with preparation of modifications will not be allowed.

Costs for these items are to be included only in the general conditions of the modification estimate.

Only in the case of a contract time extension are additional general conditions included in modifications. The following items, if applicable, are considered allowable costs for calculating General Conditions:

(1) Project Manager (PM), Assistant Project Manager;

(2) Superintendent, Assistant Superintendent;

(3) Quality Control, Safety Officer, Environmental Manager, etc.;

(4) Engineers;

(5) Travel, lodging, and per diem (as established by Federal Travel Regulations);

(6) Scheduling;

(7) Field Office Trailers and associated temporary utilities;

(8) Field office supplies

(a) Mailing and couriers

(b) Reproduction costs

(c) Storage

(d) Phones

(e) Computers

(f) Copiers

(9) Personal vehicles i.e. Superintendent Pickup trucks.

(c) General Requirements: Costs directly associated with the project and are necessary to perform the actual work of the modification. Show these costs as direct costs in the estimate. The following items, if applicable, are considered allowable costs for calculating General Requirements:

(1) Hoisting;

(2) Material handling;

(3) Temporary fencing;

(4) Port-a-lets;

(5) Trash removal, dumpsters;

(6) Barricades;

(7) Small tools;

(8) Safety supplies;

(9) Scaffolding;

(10) Daily cleaning;

(11) Traffic control;

(12) Temporary signage; and

(13) Temporary heating and power.

(d) Personnel Costs: Costs included in the modification must only be for General Conditions staff and workers actually present and working on project site. Modification costs for salaried workers are only allowed within the structure of a 40-hour week and no overtime or holiday pay will be allowed.

(1) Worker Hourly Rates are costs directly associated with the individual worker and consist of the following:

(a) Base Rate: The hourly rate paid directly to the worker

(b) Labor Burden: Employer payments of all applicable burdens; includes insurance and taxes the business must pay on behalf of the worker to government entities and educational forums, such as:

(1) Social Security

(2) Medicare

(3) Workers Compensation – Policy and company calculation to be made available.

(4) Federal Unemployment Tax Act (FUTA) - Cap Rate and percentage to be proportionally allocated over one year.

(5) State Unemployment Tax Act (SUTA) - Cap Rate and percentage to be proportionally allocated over one year.

(6) Union agreement costs - Other costs required under an enforceable collective bargaining agreement.

(c) Fringe Benefits: Various non-wage compensations provided to employees such as:

(1) Health Care Insurance Premiums

(2) Cell Phone

(3) Clothing

(4) 401K and Pensions

(5) Vehicle allowances

(6) Gas allowance

(7) Life insurance premiums

(8) Disability insurance

(9) Other Fringe Benefits required under an enforceable collective bargaining agreement.

(e) Bonuses or Deferred Compensation: No Bonus or Deferred Compensation will be allowed within any components of pricing including Home Office Overhead, General Conditions, General Requirements, Hourly Worker Rates, or the direct costs of work..

(f) General Liability Insurance: An insurance policy that protects Contractor from claims resulting from bodily injury or property damage to a third party. Include as a separate line item within all modification proposals and provide a current insurance quote upon request..

(g) Performance and Payment Bonds: A performance bond is a surety bond issued by an insurance company or bank to guarantee satisfactory completion of a project. The Payment Bond guarantees the Contractor will pay the labor and material costs incurred. Banks and Insurance companies charge a premium for individual project based on a sliding scale related to the size of the project. Include as a separate line item in modification proposals and provide current company bonding rates upon request.

(h) Builder’s Risk Insurance: Covers the contractor’s loss due to fire, high winds, or other natural forces. Not reimbursed by the National Park Service (NPS) and shall not be included in modification proposals.

100.05 Modification Proposal Pricing Requirements.

(a) General:

(1) Proposal be received in the format and within the time frame specified in the Request for Proposal (RFP) letter. Costs or delays resulting from failure of to submit within the time frame specified will not be compensable.

(2) Provide a detailed proposal with itemized lists of equipment, materials, labor, production rates, overhead, profit, and bond markup for each item. Labor costs must be itemized by craft and hourly rate, including Fringe Benefits and Labor Burden. If the costs of Fringe Benefits and Labor Burden are not itemized, it is assumed they are included in the hourly rate shown, or contractor is not requesting reimbursement. Contractor may utilize the government provided Contractor Estimate Form, located on the internet at http://www.nps.gov/dscw/publicforms.htm#CP___PAGEID=396735|, or their own form, provided that it contains the same information and level of detail as the Government’s form.

(3) Requests for extensions of contract time as a result of change must be justified with a Time Impact Analysis (TIA). Refer to Section 01 32 16 "Construction Schedule", for time impact analysis requirements. TIA and associated costs shall be received with the proposal by the date shown within the Request for Proposal letter. Contractor’s failure to submit within the specified time frame will be construed as the Contractor waiving right for additional time and no time extension will be allowed.

(4) All supporting documentation used to justify the proposed modification will be made available to the Contracting Officer (CO) upon request.

http://en.wikipedia.org/wiki/Surety_bond http://en.wikipedia.org/wiki/Insurance http://en.wikipedia.org/wiki/Bank http://www.nps.gov/dscw/publicforms.htm#CP___PAGEID=396735| http://www.nps.gov/dscw/publicforms.htm#CP___PAGEID=396735| http://www.nps.gov/dscw/publicforms.htm#CP___PAGEID=396735|

(5) Review and approve all subcontractor/supplier pricing in detail for proper format, scope, production rates, and pricing prior to submission to NPS. All delay costs associated with not reviewing and approving subcontractor/supplier pricing will be borne by the Contractor.

All pricing and production rates within the estimate must be based on fair and reasonable pricing and cannot include built-in contingency.

(b) Labor:

(1) Estimate cost of labor by itemizing each craft involved, indicating worker hourly rate (base rate + labor burden + fringe benefits) for each and itemizing hours required for each craft directly engaged in modification work. Itemize any work proposed requiring overtime work or premium pay separately. Rates in accordance with the Davis-Bacon Act as incorporated herein. Labor Burden may include payroll taxes, Social Security, unemployment insurances, workers compensation insurance, Federal Insurance Contributions Act (FICA), FUTA, and other direct costs resulting from Federal, State or local laws.

(2) Itemize labor costs for equipment operators separate from equipment costs.

(3) Provide labor cost for foremen only for related work required for the modification.

(c) Materials:

(1) Include quotes from multiple sources for Estimated cost for materials. Include applicable fees and credits for material prices, including but not limited to, sales tax, freight and delivery charges, and tax rebates.

Do not apply markup to any material provided by NPS.

(d) Equipment:

(1) Equipment used for the project must be appropriately sized for work being performed.

(2) Do not include costs for "miscellaneous tools and equipment", in your proposal for a replacement value of $500 or less. Costs shown in excess of $500 shall be broken out separately.

(3) Regardless of ownership, rates to be used in determining equipment rental costs shall be the lowest cost from one of the following sources:

a. United States (U.S.) Army Corps of Engineers, Ownership and Operating Expense Schedule (use latest edition and applicable region)

b. Construction Blue Book

c. Local equipment rental rates, documented by actual invoice charges, or itemized vendor quotes.

(4) Include estimated equipment rates for operating costs of all fuel, oil, lubrication, supplies, small tools, necessary attachments, ground engaging components, tires and tracks, routine repairs and maintenance (cost of major repair and overhaul is not allowed per Federal Acquisition Regulation

(FAR) 31.105(d)(2)), depreciation, storage, insurance, and all incidentals. Mobilization, if applicable, may be included for equipment solely used on the modification work but must be listed separately.

(5) Estimate full rate for equipment only for duration that equipment will be utilized to accomplish work of the modification.

(6) Standby unit rates used in accordance with paragraph 1.3, D, 2, above. If the U.S. Army Corp of Engineers is utilized then their standby rates prevail. If Bluebook or local equipment pricing is accepted, then 1/2 of equipment costs minus any operating costs, major repair and overhaul will be accepted.

(7) If equipment is in standby mode due solely to a documented NPS delay, established standby rate shall apply from the first day of the delay.

(8) Equipment not used and on job site for up to five consecutive days may be classified at standby rates, provided the equipment is or has been used solely to perform work on the modification and will be necessary to complete additional modification work. Equipment still on the jobsite but not in use after five consecutive days will not be considered in the modification pricing.

(9) Requests for compensation for equipment stand by time must be justified, documented and itemized separately.

The estimated timeframe (daily, weekly, monthly) for use of the equipment must reflect the lowest cost to the Government.

(e) Establishment and Application of Overhead and Profit Percentages:

(1) Apply Home Office Overhead and Profit (OH&P) to direct costs only. Profit shall not be applied to overhead amounts; and overhead shall not be applied to profit. Home office overhead shall contain only allowable, allocable, and reasonable costs per the contract documents and FAR Part

31. Profit percentages are based on risk factors found in FAR Part 31which have been applied to the specific type of work included in this project. Negotiated rates shall not exceed the following percentages for OH&P for contractor self-performed work:

Overhead………………10% Profit……………………8%

(2) Do not exceed 25% for total aggregate limit of markup (OH&P) for Contractor and Subcontractors on modification work. The NPS will not be responsible for allocation of percentages between contractor and subcontractors at any tier.

(3) If Contractors form a partnership, partnership may only receive home office overhead and profit in same amount as an individual Contractor (refer to paragraph 1.3,E,1 above). It is the responsibility of the partners to decide on division of revenue.

(4) Combined Increases and Decreases: On proposals involving both increases and decreases in the Contract Price, overhead and profit mark-ups are required on net increases and deducted on net decreases.

(5) At no time can profit be calculated on Overhead or itself, it must be calculated on direct costs of work only.

100.06 Definition of Contract Line Items.

(a) General.

The following subsection explains in general, what is and is not included in a contract line item, and limits or cut-off points where one item ends and another begins.

If no contract line item exists for a portion of work, include costs in a related item.

(b) List of Contract Line Items.

(1) Contract Line Item Number 10 – Sagebrush Connector Pathway and Associated Amenities

This item consists of all materials, labor, equipment, and miscellaneous expenses necessary for the completion of ALL the Work identified within the contract documents.

100.07 Schedule of Values.

(a) Breakdown each lump-sum item into component work activities used in the schedule for which progress payments may be requested. Use the Summary of Quantities for Schedule of Values, Sheet Number B.1. Integrate work activities broken out within schedule of values into and made a logical part of the construction baseline schedule. Total costs for the component work activities shall equal contract price for that lump-sum item. Contracting Officer may request data to verify accuracy of dollar values.

Include mobilization, general condition costs, overhead and profit in the total dollar value of unit price items and in the component work activities for each lump-sum item. Do not include mobilization, general condition costs, overhead or profit as a separate item.

(b) Do not break down unit price items. Use only the contract price for unit price items.

(c) The contract price equals the total cost of all items. The Schedule of Values will form the basis for progress payments and the Construction Schedule.

100.08 Project Web Site.

(a) Use NPS provided Microsoft Teams combined with email for communication throughout contract period on:

(1) Project directory

(2) Project correspondence

(3) Meeting agendas and minutes

(4) Contract modifications forms and logs

(5) RFI form and processing

(6) Task and issue management

(7) Photo documentation

(8) Baseline schedule, schedule updates and calendar management

(9) Submittal form and processing

(10) Payment coordination documentation

(11) Drawing and specification document hosting, viewing, and updating

(12) Online document collaboration

(13) Reminder and tracking functions

(14) Archiving functions

(15) Notification of submittal and RFI statuses and current responsible party

(16) Permits and addendums

(b) Some documents are not suitable to be shared using the NPS Teams website. Documents containing Personal Identifying Information (PII) (i.e. certified payrolls) shall not be shared using NPS management software website and shall be coordinated with Project team as appropriate.

(c) Submit to Contracting Officer a list of employees who will need access to the website. Users will receive an invitation to register from Department of Interior (DOI). Once registered on DOI website, user will be given access to NPS/DSC management software website.

(d) All users will be required to have the following software packages:

(1) Internet Explorer version 7 or later.

(2) Adobe Acrobat Professional (Pro) version 9 or later.

100.09 Potential Permits.

Permits listed below were identified during the design process as likely to be required based on typical means and methods of construction. The list is provided to assist Contractor in determining which permits will be required for contract’s chosen means and methods. The list shall not be considered complete; it is the Contractors’ responsibility to determine means and methods and obtain required permits. Contractor shall obtain all permits required to legally conduct work.

(a) Street Closure – Grand Teton National Park

(b) Stormwater Pollution Prevention Permit – Wyoming DEQ

(c) MS4 Stormwater Permit – Wyoming DEQ

Section 101

Section 101. — TERMS, FORMAT, AND DEFINITIONS

101.01 Meaning of Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject, "the Contractor", is implied. Also implied in this language are "shall", "shall be", or similar words and phrases. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project.

Wherever "directed", "required", "prescribed", or "ordered" are used, the "direction", "requirement", "prescription", or "order" of the Contracting Officer is intended. Wherever something is to be "submitted", "submitting to", the Contracting Officer is intended. Similarly, wherever "approved", "acceptable", "suitable", "satisfactory", or similar words are used, the words mean "approved by", "acceptable to", or "satisfactory to" the Contracting Officer.

The word "will" generally pertains to decisions or actions of the Contracting Officer.

101.02 Specifications Format. These specifications are divided into 10 Divisions.

Division 100 consists of general contract requirements for which no direct payment is made. The requirements contained in Division 100 are applicable to all contracts.

Division 150 consists of project contract requirements that are applicable to all contracts. Work under Division 150 is paid for directly or indirectly according to Subsection 109.05 and the Section ordering the work. When there is no pay item in the bid schedule, no direct payment is made.

Divisions 200 through 600 consist of construction contract requirements for specific items of work.

Work under these Divisions is paid for directly or indirectly according to Subsection 109.05 and the Section ordering the work. When there is no pay item in the bid schedule, no direct payment is made.

Division 700 contains the material requirements for Divisions 150 through 600. No direct payment is made in Division 700. Payment for material is included as part of the work required in Divisions 150 through 600.

The first three digits of the pay item number in the bid schedule identify the Section under which the work is performed.

101.03 Abbreviations. Whenever these abbreviations are used in the contract, they represent the following:

(a) Acronyms.

AASHTO — American Association of State Highway and Transportation Officials ACI — American Concrete Institute AGC — Associated General Contractors of America AISC — American Institute of Steel Construction

AITC — American Institute of Timber Construction AMS-STD — Aerospace Material Specification Standard ANSI — American National Standards Institute APWA — American Public Works Association ARTBA — American Road and Transportation Builders Association ASME — American Society of Mechanical Engineers ASTM — ASTM International ATSSA — American Traffic Safety Services Association AWPA — American Wood Protection Association AWS — American Welding Society AWWA — American Water Works Association BMP — Best Management Practice CFR — Code of Federal Regulations CO — Contracting Officer and authorized representatives CRSI — Concrete Reinforcing Steel Institute EPA — Environmental Protection Agency FAR — Federal Acquisition Regulations (48 CFR Chapter 1) FHWA — Federal Highway Administration FICA — Federal Insurance Contributions Act FLH — Federal Lands Highway FSS — Federal Specifications and Standards FED-STD — Federal Standards FUTA — Federal Unemployment Tax Act ISO — International Organization for Standardization ISSA — International Slurry Surfacing Association JMF — Job-Mix Formula MASH — Manual for Assessing Safety Hardware MPI — Master Painters Institute MSDS — Material Safety Data Sheet MUTCD — Manual on Uniform Traffic Control Devices for Streets and Highways

NCHRP — National Cooperative Highway Research Program NEMA — National Electrical Manufacturers Association NIST — National Institute of Standards and Technology

OHWM or OHW — Ordinary High-Water Mark OSHA — Occupational Safety and Health Administration PCI — Precast/Prestressed Concrete Institute PVC — Polyvinyl Chloride PTI — Post-Tensioning Institute SAE — Society of Automotive Engineers SEP — Sand Equivalent Passing SF — Standard Form SI — International System of Units SSPC — The Society for Protective Coatings SWPPP — Storm Water Pollution Prevention Plan TAR — Transportation Acquisition Regulations (48 CFR Chapter 12)- NOT USED UL — Underwriter's Laboratory U.S. — United States of America USC — United States Code

(b) U.S. Customary unit abbreviations and symbols.

°F — degree Fahrenheit temperature ft — feet length ft2 — square feet area ft3 — cubic feet volume in — inches length in2 — square inches area in3 — cubic inches volume lb — pound mass mi — mile length oz — ounces mass psi — pounds per square inch pressure T — ton (2000 lb) mass yd — yards length yd2 — square yards area yd3 — cubic yards volume s — second time

° — degree plane angle ' — minute plane angle " — second plane angle

(c) Metric unit abbreviations and symbols.

A — ampere electric current cd — candela luminous intensity °C — degree Celsius temperature d — day time g — gram mass H — Henry inductance ha — hectare area Hz — hertz (s-1) frequency J — joule (N•m) energy K — kelvin temperature kg — kilogram mass L — liter volume lx — lux illuminance m — meter length mm — millimeter length m2 — square meter area m3 — cubic meter volume min — minute time N — newton (kg•m/s2) force Pa — pascal (N/m2) pressure t — metric ton mass V — volt (W/A) electric potential W — watt (J/s) power Ω — ohm V/A electric resistance

(d) Metric prefix symbols.

E — exa 1018 P — peta 1015 T — tera 1012

G — giga 109 M — mega 106 k — kilo 103 c — centi 10-2 m — milli 10-3 µ — micro 10-6 n — nano 10-9 p — pico 10-12 f — femto 10-15 a — atto 10-18

(e) Slope notation (vertical : horizontal). For slopes flatter than 1V:1H, express the slope as the ratio of one unit vertical to a number of units horizontal. For slopes steeper than 1V:1H, express the slope as the ratio of a number of units vertical to one unit horizontal.

101.04 Definitions.

The following definitions apply to this contract:

Award — The written acceptance of a bid by the CO.

Backfill — Material used to replace or the act of replacing material removed during construction.

Material placed or the act of placing material adjacent to structures.

Base — The layer or layers of material placed on a subbase or subgrade to support a surface course.

Bid — A written offer by a bidder to perform work at a quoted price.

Bidder — An individual or legal entity submitting a bid.

Bid Guarantee — A form of security assuring that the bidder will not withdraw a bid within the period specified for acceptance and will execute a written contract and furnish required bonds.

Bid Schedule — The prepared schedule included with the bid forms, containing the estimated quantities of pay items for which unit bid prices are invited.

Bridge — A structure more than 20 feet (6 meters) long, including supports, spanning and providing passage over a depression, waterway, railroad, highway, or other obstruction.

Clear Zone — The portion of the roadside, including the shoulder, available for the safe use by an errant vehicle in which the driver may regain control of the vehicle.

Commercial Certification — See Subsection 106.03.

Construction Limits — The limits on each side of the project that establish the area disturbed by construction operations and beyond which no disturbance is permitted. Typically the construction limits are the same as the clearing limits, except when additional clearing is required.

Contract — The written agreement between the Government and the Contractor setting forth the obligations of the parties for the performance of and payment for the prescribed work.

Contracting Officer (CO) — An official of the Government with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contract Modification — A written change in the terms of the contract. Contract modifications are of the following forms:

(a) Administrative change. A unilateral contract change, in writing, that does not affect the substantive rights of the parties (such as a change in the paying office or the appropriation data).

(b) Change order. A written order, signed by the CO, directing the Contractor to make a change that FAR Clause 52.243-4 Changes authorizes the CO to order without the Contractor's consent.

(c) Supplemental agreement. A contract modification that is accomplished by the signature of the CO (unilateral contract modification) or by the signature of the CO and the Contractor (bilateral contract modification).

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work.

Contract Time — The specified time allowed for completion of contract work.

Crashworthy — A highway feature that has been successfully crash tested under MASH or the NCHRP Report 350, Recommended Procedures for the Safety Performance Evaluation of Highway Features, or accepted through analysis by FHWA based on similarity to other crashworthy features.

Cross-Section — A vertical section of the ground or structure at right angles to the centerline or baseline of the roadway or other work.

Culvert — A structure, not classified as a bridge, that provides an opening under the roadway.

Day — A calendar day beginning and ending at midnight.

Density — Mass per unit volume of material. Specific gravity multiplied by the density of water.

Detour — A temporary rerouting of public traffic onto alternate existing roadways to avoid the work or part of the work.

Diversion — Defined as follows:

(a) A temporary rerouting of public traffic onto a temporary alignment within the project limits to bypass the work or a portion of the work.

(b) A temporary rerouting of water using a silenced pump and associated piping to adequately transfer ditch water around the culvert work area.

Drawings — Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction.

Also refers to submissions and submittals.

Federal Land Management Agencies — Federal agencies including the National Park Service, U.S. Forest Service, U.S. Fish & Wildlife Service, U.S. Army Corps of Engineers, Bureau of Land Management, and Bureau of Reclamation.

Government — The Government of the United States of America.

Highway, Street, or Road — A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Holidays — Holidays occur on the following days:

• 1st day of January - New Years’ Day;

• 3rd Monday of January - Martin Luther King, Jr. Day;

• 3rd Monday of February - Presidents' Day;

• Last Monday of May - Memorial Day;

• 19th day of June – Juneteenth National Independence Day;

• 4th day of July - Independence Day;

• 1st Monday of September - Labor Day;

• 2nd Monday of October - Columbus Day;

• 11th day of November – Veterans’ Day;

• 4th Thursday of November - Thanksgiving Day;

• 25th day of December - Christmas Day;

• Other days declared holidays by the Congress or the President; and

• If a holiday occurs on a Saturday, the preceding Friday is also a legal holiday. If a holiday occurs on a Sunday, the Monday following is also a legal holiday.

In-Water Work — Work below the ordinary high-water mark (OHWM or OHW).

Lane Mile (Lane Kilometer) — An area of pavement one mile (kilometer) long and one lane wide;

not including turn lanes, turnouts, parking area lanes, or other auxiliary lanes.

Layer — See "lift".

Lift — Defined as follows:

(a) When placing and compacting soils, aggregates, or pavement; a lift is a single, continuous layer of material that receives the same compactive effort throughout during a single work operation.

(b) When installing culvert pipe less than or equal to 48 inches (1200 millimeter) in diameter;

the backfill material placed on both sides of the pipe is considered to be contained in the same lift when the material is placed to the same elevation on both sides of the culvert, the compactive effort applied to one side of the culvert is the same as that applied to the other, and the compactive effort is applied to both sides of the pipe in a continuous operation.

Material — Substances specified or necessary to satisfactorily complete the contract work.

Measurement — The process of identifying the dimensions, quantity, or capacity of a pay item. See Section 109 for measurement methods, terms, and definitions.

Notice to Proceed — Written notice to the Contractor to begin the contract work.

Pavement Structure — The combination of subbase, base, paving geotextiles, and surface courses placed on a subgrade to support and distribute the traffic load to the roadbed.

Pay Item — A specific item of work for which a unit and price is provided in the contract.

Payment Bond — The security executed by the Contractor and surety or sureties and furnished to the CO to ensure payments as required by law to persons supplying labor or material according to the contract.

Performance Bond — The security executed by the Contractor and surety or sureties furnished to the CO to guarantee completion of the contract work.

Pneumatic Roller — Self-propelled compaction device with smooth pneumatic tires staggered in position to provide overlap between the front and rear tires.

Plans — The contract plans furnished by the Government showing the location, type, dimensions, and details of the work.

Production Certification — See Subsection 106.03.

Professional Engineer — Engineers holding valid state licenses permitting them to offer engineering services directly to the public. Engineers that are experienced in the work for which they are responsible, take legal responsibility for their engineering designs, and are bound by a code of ethics to protect the public health.

Profile Grade — The trace of a vertical plane intersecting a particular surface of the proposed road construction located according to the plans, usually along the longitudinal centerline of the roadbed. Profile grade means either elevation or gradient of the trace according to the context.

Project — The specific section of the highway or other property on which construction is to be performed under the contract.

Right-of-Way — Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Roadbed — The graded portion of a highway prepared as a foundation for the pavement structure and shoulders.

Roadside — The area between the outside shoulder edge and the right-of-way limits. The area between roadways of a divided highway may also be considered roadside.

Roadway — In general, the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways. In construction specifications, the portion of a highway within the construction limits.

Roadway Prism — The volume defined by the area between the original terrain cross-section and the final design cross-section multiplied by the horizontal distance along the centerline of the roadway.

Roller Pass— One trip of a roller in one direction over one spot.

Shoulder — A portion of the roadway contiguous with the traveled way that accommodates pedestrians, bicycles, stopped vehicles, and emergency use; as well as for lateral support of the subbase, base, and surface courses.

Sieve — See AASHTO M 92.

Solicitation — The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Special Contract Requirements (SCR) — Additions and revisions to the standard specifications applicable to an individual project.

Specifications — The written requirements for performing work.

Standard Forms (SF) — Numbered forms issued by the General Services Administration for use as contract documents.

Standard Specifications — The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects approved for general application and repetitive use.

Station — A precise location along a survey line.

Structures — Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other constructed features that may be encountered in the work.

Subbase — The layer or layers of material placed on a subgrade to support a base.

Subcontract — The written agreement between the Contractor and an individual or legal entity prescribing the performance of a specific portion of the work.

Subcontractor — An individual or legal entity with which the Contractor sublets part of the work.

This includes subcontractors in all tiers.

Subgrade — The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed.

Substantial Completion — The point at which the project is complete such that it can be safely and effectively used by the public without further delays, disruption, or other impediments. For conventional bridge and highway work, the point at which bridge deck, parapet, pavement structure, shoulder, drainage, sidewalk, major demolition, roadway obliteration, permanent signing and markings, traffic barrier, safety appurtenance, utility, and lighting work is complete.

Substructure — Components of a bridge below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames including backwalls, wingwalls, and wing protection railings.

Suitable Material — Rock or earth material that will provide stable foundations, embankments, or roadbeds, and is free of organic matter, muck, frozen lumps, roots, sod, or other deleterious material. Suitable material may require drying or adding water, root picking, and other methods of manipulation before use.

Suitable material includes the classifications of material for which the project was designed.

Superintendent — The Contractor's onsite representative who has authority to act for the Contractor and is responsible for directing and supervising construction operations on behalf of the Contractor.

Superstructure — The entire bridge, except the substructure.

Surety — An individual or corporation legally liable for the debt, default, or failure of a Contractor to satisfy a contract obligation.

Surface Course — The top layer or layers of a pavement structure designed to accommodate the traffic load and resist skidding, traffic abrasion, and weathering.

Target Value — A number established as a center for operating a given process. Once established, adjustments should be made in the process as necessary to maintain a central tendency about the target value.

Test results obtained from a well-controlled process should cluster closely around the established target value and the mean of the test results should be equal to or nearly equal to the established target value.

Traveled Way — The portion of the roadway designated for the movement of vehicles, exclusive of shoulders.

Unsuitable Material — Material not capable of creating stable foundations, embankments, or roadbeds.

Unsuitable material includes muck, sod, or soils with high organic contents.

Work — The furnishing of labor, material, equipment, and other incidentals necessary to complete the project according to the contract.

Section 102

Section 102. — BID, AWARD, AND

EXECUTION OF CONTRACT

102.01 Acquisition Regulations. Bid, award, and execution of the contract is governed by the FAR.

102.02 Preparation of Bids. Follow the requirements of FAR Clause 52.214-18 Preparation of Bids - Construction.

Execute and submit required standard forms, bid schedules, and solicitation provisions contained in the solicitation as part of the bid.

Complete SF 1442, Solicitation, Offer, and Award, and sign as follows:

(a) Individuals. Sign your individual signature. For individuals doing business as a firm, follow the individual signature with the individual's typed, stamped, or printed name and the words, "an individual doing business as (name of firm) ".

(b) Limited liability partnerships and partnerships. Submit a list of partners having authority to bind the partnership. One of the listed partners must sign on behalf of the partnership.

(c) Corporations. Sign in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign. Submit evidence from the corporation that the person signing has authority to bind the corporation.

(d) Joint ventures. Submit a copy of the Joint Venture agreement. Sign the SF 1442 according to the Joint Venture agreement.

(e) Limited liability company. Sign in the company name, followed by the word "by" and the signature of the person authorized to sign. Submit evidence that the individual executing the document has authority to bind the company.

(f) Agents. When an agent signs, other than as stated in Subsection 102.02(a) through (e), furnish satisfactory evidence that the agent has authority to bind the bidder.

Insert a numeric unit bid price for each pay item for which a quantity appears in the bid schedule.

Multiply the unit bid price by the quantity for each pay item and show the amount bid. When mathematical checks made by the Government show a mistake in the amount bid, the corrected unit price extension governs.

When the words "lump sum" appear as a unit bid price, insert an amount bid for each lump sum pay item.

When the words "contingent sum" or "fixed rate" appears as a unit bid price, include the Government inserted amount bid for the pay item in the total bid amount.

Total the amounts bid for each pay item and show the total bid amount.

The quantities listed in the bid schedule are approximate, unless designated as a contract quantity, and are used for the comparison of bids. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. The scheduled quantities may be increased, decreased, or deleted. Bid schedule quantities are considered the original contract quantities.

102.03 Bid Guarantee. Follow the requirements of FAR Clause 52.228-1 Bid Guarantee.

(a) General. Submit the bid guarantee on SF 24, Bid Bond. If the bid guarantee is other than a corporate or individual surety, sign the SF 24 as the principal and make a statement on the form pledging the security. Make checks or money orders payable to the agency issuing the solicitation.

(b) Power of attorney. A corporate surety shall submit a current power of attorney for the signing agent or attorney-in-fact with each SF 24.

(c) Evidence of guarantee assistance. A surety that has a guarantee of assistance from the Small Business Administration (SBA) shall submit a copy of SBA Form 990, Surety Bond Guarantee Agreement with each SF 24. In addition, submit a power of attorney for the surety representative identified in the agreement.

102.04 Individual Surety. Follow the requirements of FAR Clause 52.228-11 Pledges of Assets.

Complete and date the SF 28, Affidavit of Individual Surety after the solicitation date. The individual surety shall personally sign the SF 28. Bidders cannot serve as their own surety. See FAR 28.203 Acceptability of Individual Sureties.

After reviewing the SF 28, the surety may be requested to submit further documentation with respect to its assets, debts, or encumbrances. The information may be required to be furnished under oath. Failure of the surety to respond with the requested documentation within 7 days of receipt of the request is cause for rejection of the surety.

Any material misstatement by the surety, overstatement of assets (either as to ownership or value), or understatement of liabilities is cause for rejection of the surety. Substitution of individual sureties to support a bid bond after the bid opening will not be permitted.

Furnish documentary evidence as to the ownership and value of the assets pledged in support of the bond and details of the security interest in the assets by the individual sureties for the apparent low bidder within 14 days after the opening of bids. Failure to submit evidence within the time required will be grounds for declaring the surety unacceptable.

In addition the CO may, after reviewing the SF 28 and documentary information on the security interest and the assets pledged; request the surety to submit further information and documents with respect to the documents submitted. The CO may require such information to be furnished under oath. Failure of the surety to accept such mail or failure of the surety to respond with the requested information or documents within 7 days of receipt of the request; will be cause for rejection of the surety.

These requirements are in addition to the requirements in FAR Subpart 28.203, except where in conflict with the requirements in the FAR, in which case the FAR controls.

102.05 Public Opening of Bids. Bids will be publicly opened at the time specified in the SF 1442, Solicitation, Offer, and Award. Their contents will be made public information. The Government reserves the right to reject bids as set forth in the FAR, Part 14.

102.05A Contract Award. Follow the requirements of FAR Provision 52.214-19, Contract Award

- Sealed Bidding - Construction.

The successful bidder will be awarded all pay items listed in the bid schedule.

102.06 Performance and Payment Bonds. Follow the requirements of FAR Clause 52.228-15 Performance and Payment Bonds – Construction.

Use SF 25, Performance Bond and SF 25A, Payment Bond for submitting the bonds.

The requirements contained in Subsections 102.03 and 102.04 relating to power of attorney, evidence of guarantee assistance, and individual sureties also apply to performance and payment bonds.

Submit the documentary evidence for individual sureties at the same time as the Affidavit of Individual Surety and security interest in assets pledged. A Contractor submitting an unacceptable individual surety in satisfaction of a performance or payment bond before the issuance of the Notice to Proceed will be permitted one opportunity to substitute an acceptable surety or sureties within 7 days of receipt of notification that the surety is unacceptable.

The Government's right to direct the substitution of sureties to ensure the continuing acceptability of the bonds during the performance of the Contract according to FAR Clause 52.228-2 Additional Bond Security is not restricted.

These requirements are in addition to the requirements in FAR Subpart 28.203, except where in conflict with the requirements in the FAR, in which case the FAR controls.

Section 103

Section 103. — SCOPE OF WORK

103.01 Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not described, except as considered essential for the successful completion of the work. Furnish labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Additional work on sites within or in the vicinity of the project may be requested by the CO. Such work generally will be in response to natural disasters. Provide cost proposals and perform work as ordered by the

CO.

103.02 Disputes. Follow the requirements of FAR Clause 52.233-1 Disputes (Alternate I).

When requesting a CO's decision on an interpretation of contract terms for the recovery of increased costs;

quantify the amount and certify the amount if required by FAR Clause 52.233-1 Disputes (Alternate I).

Include an explanation of the interpretation of contract terms, the contract clause under which the claim is made, supporting documentation, and adequate cost data to support the amount claimed.

103.03 Value Engineering. Follow the requirements of FAR Clause 52.248-3 Value Engineering - Construction.

Before undertaking significant expenditures, submit a written description of the value engineering change proposal (VECP) concept. Within 14 days the CO will inform the Contractor as to whether the concept appears to be viable or if the concept is unacceptable. If the CO indicates that the concept appears to be viable, prepare and submit the formal VECP proposal.

103.04 Contractor Records. Upon request, provide records related to the contract to the Government for up to 3 years after final payment or for longer periods as provided by law.

Include a provision in subcontracts at all tiers giving the Government the same rights as provided above with respect to the subcontractor's records.

The direct cost of formal partnering facilities, professional facilitation, copying fees, and other miscellaneous costs directly related to partnering meetings will be included in the Contractor’s base bid. Secure and pay for facilities, professional fees, and miscellaneous requirements.

Each party is responsible for making and paying for its own travel, lodging, and meal arrangements.