FBO_RFP.pdf

SPECIAL NOTICE

MT NPS ERFO 2007(1)-45(5)

MP 23.3 SLOPE REPAIR

THIS IS A TASK ORDER REQUEST FOR PROPOSAL SOLELY FOR THE

FOLLOWING CONTRACT AND CONTRACTOR:

Contract Number Contractor Name Contractor Number DTFH70-07-D-00009 HK Contractors Inc (208) 523-6600

THIS PROJECT IS BEING ADVERTISED ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE TO ANNOUNCE THE UPCOMING PROJECT

AND ASSIST POTENTIAL SUBCONTRACTORS BY PUBLICIZING

OPPORTUNITIES. A PROPOSAL WILL ONLY BE ACCEPTED FROM THE

ABOVE PRIME CONTRACTOR.

Additional information may be found on our web pages:

Construction Projects: http://www.wfl.fhwa.dot.gov/edi/construction.htm

Description: This web page contains links to access upcoming (synopsized) projects, advertised (solicitation) projects, bids and proposals received, awarded projects, awarded IDIQ contracts, bid tabs, and bid history.

Advertised Projects: http://www.wfl.fhwa.dot.gov/edi/current.htm

Description: This web page contains projects that are out for bid with links to the Federal Business Opportunities project page, question submittals, and a link to the project Question and Answers.

Going to the Sun Road Rehabilitation IDIQ: http://www.wfl.fhwa.dot.gov/edi/idiq/gtsr.htm

Description: This web page contains the contractors information, a description of the contract and the projects that have been awarded under the contract.

CONTACT HK CONTRACTORS INC FOR THE

SUBCONTRACT/SUPPLIER QUOTE DUE DATE AND TIME.

Going to the Sun Road Rehabilitation IDIQ Task Order Request For Proposal

Solicitation No. DTFH70-08-R-00010

MT NPS ERFO 2007(1)-45(5)

MP 23.3 Slope Repair

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, Minimum Wage Schedule, Special Contract Requirements, and Plans

This solicitation cites Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 – U.S. Customary Units

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone (360) 619-7520 -- FAX (360) 619-7932

Web site: www.wfl.fhwa.dot.gov/edi/ e-mail: contracts@mail.wfl.fhwa.dot.gov WORLD HERITAGE

SITE

QUICK INDEX

Page Item

--- Offer Submittal Checklist --- Authority to Sign --- Bid Bond --- Subcontracting Plan A-3 SF 1442, Solicitation, Offer and

Award A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 Davis-Bacon Wage Rates E-1 Special Contract Revisions H-1 Permits I-1 Storm Water Prevention

Pollution Plan J-1 Fire Prevention and

Suppression Plan

PROPOSAL REMINDERS

Electronic proposals will not be accepted. Submit printed copy of your proposal to the address listed on the enclosed SF 1442. Before submitting your proposal, please review the following:

• Have you rechecked your figures?

• Have you completed the schedule?

• Have you completed and signed the SF 1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Have you completed the Task Order subcontracting plan?

• Have you marked "Proposal Enclosed for Solicitation

No. DTFH70-08-R-00010" in the lower left corner of the submittal envelope?

A-1 Notice to Offeror

Proposal Due Date: CONTACT HK CONTRACTORS.

HK Contractors Inc P.O. Box 51450

IDAHO FALLS, ID 83405-1450

PROJECT NAME MT NPS ERFO 200791)-45(5)

MP 23.3 Slope Repair

PROJECT TERMINI BASE

1222+00 to 1227+78.07

PROJECT LENGTH 0.109 MI

NATIONAL PARK Glacier National Park

COUNTY Flathead County

STATE Montana

FIXED COMPLETION DATE See FAR Clause 52.211-10 (clauses begin on page C-1)

Table of Contents Project: MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

03USC01/01/04

TABLE OF CONTENTS

DESCRIPTION PAGE

Notice to Offeror....................................................................................................................A-1

Solicitation, Offer, and Award (SF 1442)..............................................................................A-3

Bid Schedule ..........................................................................................................................A-7

Solicitation Provisions ...........................................................................................................B-1

Contract Clauses ....................................................................................................................C-1

Minimum Wage Schedule......................................................................................................D-1

SCRs Table of Contents

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units.

Division 100...................................................................................................................E-1 Division 150...................................................................................................................E-27

Division 200...................................................................................................................F-1 Division 250...................................................................................................................F-5 Division 300...................................................................................................................F-7 Division 400...................................................................................................................F-10 Division 600...................................................................................................................F-11

Division 700...................................................................................................................G-1

Permits ...................................................................................................................................H-1

Storm Water Pollution Prevention Plan................................................................................. I-1

Fire Protection and Suppression Plan .................................................................................... J-1

A-1

Notice to Offerors

03USC12/03/07

NOTICE TO OFFEROR

I. Project Location.

The project work is located approximately 23.3 miles northeast of West Glacier in Flathead County.

Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.

II. Pre-proposal Information.

This solicitation includes electronic plan sheets. Plan sheets can be found at http://www.wfl.fhwa.dot.gov/edi/plans/gtsrmp233/ and viewed by individual sections, downloaded by individual sections, or the entire plan set downloaded in a zip file. A paper copy of the plan sheets is available by submitting the form included in this solicitation.

Requests for technical information (Plan and Division 100 – 700 Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).

REPS & CERTS. Submit or update Representations and Certifications online at http://orca.bpn.gov before bid submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page B-2). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1. Failure to furnish or complete any of the above may result in your offer being considered nonresponsive and being rejected.

Facsimile offers are not authorized for this solicitation.

Notice of CCR Registration. You must register in the Central Contract Registration (CCR) prior to award of this contact. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. See FAR Subpart 4.1103(c). Register online at www.ccr.gov or call toll free: 888.227.2423.

III. Post Award Information.

Insurance requirements are set forth in Subsection 107.05.

Contractor Performance Evaluations. FHWA is now posting evaluations in the National Institutes of Health’s Contractor Performance System (CPS) for completed projects. Register at http://www.wfl.fhwa.dot.gov/edi/plans/gtsrmp233/

A-2 https://cps.nih.gov/infopage.asp (Click on “CPS Info” tab, then click on “Contractor Information” button) to view and comment on evaluations. System registration is only required once. Review the evaluation and submit comments within 30 days of notification. Reviewing the evaluation and submitting comments is limited to one entry. If unable to register, call

360.619.7520 for assistance or a copy of the evaluation. You can also access the Contractor User Manual from this web link.

Some known potential material sources are listed below, the government makes no representation as to the quality or quantity of material, or rights to the availability of material from these sources. These sources are considered contractor-located in accordance with Section 105 and are subject to annual weed-free inspections by the Government. Coordinate with the CO at the start of each construction season to determine if the listed sites meet weed-free requirements. Mitigation measures may be required as a condition for use of some of the sources listed below:

Topsoil can be obtained from:

Black Gold Topsoil Tom Gorton, Creston Top Soil 2958 Hwy 2 East 578 Creston Road Kalispell, MT 59901 Kalispell, MT 59901 Phone: 406-257-7782 406-756-8854

Material for use in roadway aggregate under Sections 301 and 308 may be obtained from the following sites:

Goose Bay Equipment, Inc. JTL Group Goose Pit Hodson Pit & Main Plant 325 Jellison Road & Highway 2 Highway 2 E Kalispell, MT 59901 Kalispell, MT 59901 Phone No.: 406-257-8240 Phone No.: 406-752-2755

LHC, Inc. Weaver Gravel 1174 Stillwater Road 1190 Elk Park Road Kalispell, MT 59901 Columbia Falls, MT 59912 Phone No.: 406-756-3467 Phone No.: 406-755-0212

Highline Redi-Mix – Whitford Pit, Browning Schellinger Construction PO Box 370 Carson Pit (Whitefish Stage Road) Shelby, MT 59474 and Farm to Market Road Source Phone No.: 407-434-5391 Phone No.: 406-892-2188

Weaver Gravel Whiterock Gravel 1190 Elk Park Road 304 Jellison Road Columbia Falls, MT 59912 Kalispell, MT 59901 Phone No.: 406-755-0212 Phone No.: 406-756-8560 https://cps.nih.gov/infopage.asp

A-2a

IV. Specifications and Permits.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units. Obtain paper copies of the FP-03 by calling 360.619.7520, e-mailing at plans_spec@fhwa.dot.gov, or writing Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661, Attention:

Specification Engineer. An electronic version may be found at http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

Geotechnical design data applicable to this project is listed in FAR Clause 52.236-4, Physical Data. See Continuation of SF 1442, Block 9, for information to obtain this data.

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

A-2b

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Project: MT NPS ERFO 2007(1)-45(5)

Bidder please note: Before preparing the bid, carefully read the Solicitation Provisions.

Insert a unit bid price, in figures, for each pay item for which a quantity appears in the bid schedule. Multiply the unit price by the quantity for each pay item and show the amount bid.

Should any mathematical check made by the Government show a mistake in the amount bid, the Amount Bid for the item will be based on the Unit Bid Price.

When "LPSM" (Lump Sum) appears as a unit bid price, insert an amount for each lump sum pay item.

When a sum based on a fixed rate appears for any pay item in the amount bid column, include the Government inserted amount bid for the item in the total bid amount.

Total the amounts bid for all pay items and insert the total bid amount.

The quantity for the following item of work is a Contract Quantity (see FP-03, Subsection 109.02):

20103-0000

A- 7

Bid Schedule

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

15101-0000 MOBILIZATION

ALL Lump Sum $___________________

15201-0000 CONSTRUCTION SURVEY AND STAKING

ALL Lump Sum $___________________

15301-0010 CONTRACTOR QUALITY CONTROL AND ASSURANCE

ALL Lump Sum $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15501-0000 CONSTRUCTION SCHEDULE

ALL Lump Sum $___________________

15706-0300 SOIL EROSION CONTROL, SANDBAG

EACH $_______________ $___________________

Project: MT NPS ERFO 2007(1)-45(5)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

A- 8

15706-1000 SOIL EROSION CONTROL, INLET PROTECTION (TYPE 1)

EACH $_______________ $___________________

20103-0000 CLEARING AND GRUBBING

1,546

SQYD $_______________ $___________________

20301-0200 REMOVAL OF BOULDERS

EACH $_______________ $___________________

20301-1900 REMOVAL OF PIPE CULVERT

EACH $_______________ $___________________

20301-2700 REMOVAL OF STRUCTURE (CROSS DRAIN)

EACH $_______________ $___________________

20302-0200 REMOVAL OF CURB

LNFT $_______________ $___________________

20303-1600 REMOVAL OF PAVEMENT, ASPHALT

1,472

SQYD $_______________ $___________________

20401-0000 ROADWAY EXCAVATION

CUYD $_______________ $___________________

20701-0700 EARTHWORK GEOTEXTILE, TYPE II-A

1,300

SQYD $_______________ $___________________

21101-2000 ROADWAY OBLITERATION, METHOD 2

SQYD $_______________ $___________________

25101-3000 PLACED RIPRAP, CLASS 3

1,400

CUYD $_______________ $___________________

25101-7000 PLACED RIPRAP, CLASS 7

CUYD $_______________ $___________________

Project: MT NPS ERFO 2007(1)-45(5)

Estimated Quantity Unit Bid Price Amount Bid

A- 9

25125-0000 BOULDER

EACH $_______________ $___________________

30503-0000 AGGREGATE-TOPSOIL COURSE

CUYD $_______________ $___________________

30802-1000 ROADWAY AGGREGATE, METHOD 1

TON $_______________ $___________________

40301-0000 HOT ASPHALT CONCRETE PAVEMENT

TON $_______________ $___________________

60201-1200 48-INCH PIPE CULVERT

LNFT $_______________ $___________________

60403-0000 INLET (TYPE 4, MODIFIED)

EACH $_______________ $___________________

60413-0000 TRENCH DRAIN (CONCRETE CROSS DRAIN)

LNFT $_______________ $___________________

60905-1000 GUTTER, CONCRETE

LNFT $_______________ $___________________

61401-0000 LEAN CONCRETE BACKFILL

CUYD $_______________ $___________________

61901-0000 FENCE (LOG RAIL)

LNFT $_______________ $___________________

62201-0250 DUMP TRUCK, 10 CUBIC YARD MINIMUM CAPACITY

HOUR $_______________ $___________________

62201-0600 BACKHOE LOADER, 8 CUBIC FOOT MINIMUM RATED CAPACITY

BUCKET, 30-INCH WIDTH

HOUR $_______________ $___________________

Project: MT NPS ERFO 2007(1)-45(5)

Estimated Quantity Unit Bid Price Amount Bid

A- 10

62201-3000 HYDRAULIC EXCAVATOR

HOUR $_______________ $___________________

62201-3000 HYDRAULIC EXCAVATOR (HOE RAM ATTACHMENT)

HOUR $_______________ $___________________

62301-0000 GENERAL LABOR

HOUR $_______________ $___________________

63318-1000 SNOWPOLE HOLDER

EACH $_______________ $___________________

63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (WHITE)

LNFT $_______________ $___________________

63401-0300 PAVEMENT MARKINGS, TYPE B, SOLID (YELLOW)

1,920

LNFT $_______________ $___________________

63502-1200 TEMPORARY TRAFFIC CONTROL, TUBULAR MARKER, TYPE 28-INCH

EACH $_______________ $___________________

63502-1500 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE A

EACH $_______________ $___________________

63502-1700 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE C

EACH $_______________ $___________________

63503-0500 TEMPORARY TRAFFIC CONTROL, MOVING CONCRETE BARRIER

LNFT $_______________ $___________________

Project: MT NPS ERFO 2007(1)-45(5)

Estimated Quantity Unit Bid Price Amount Bid

A- 11

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Offeror

Project: MT NPS ERFO 2007(1)-45(5)

B-1

Solicitation Provisions MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

Federal Acquisition Regulation

Representations, Certifications and Other Statements of Offeror

Note: The provisions included in the basic IDIQ apply. The following provisions have been changed or require fill-in for this specific project.

The Offeror Makes the Following Representations and Certifications as a Part of its Offer.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2005)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on

Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989—

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

B-2

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 2.7% Goals for Female Participation for Each Trade: 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” isFlathead County, Montana.

B-3

FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR

Note: The provisions included in the basic IDIQ apply. The following provisions have been changed or require fill-in for this specific project.

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed-price task order contract resulting from this solicitation.

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Prospective Offerors were encouraged by letter of November 9, 2007 to inspect the site prior to onset of adverse weather conditions. Currently, the site may not be accessible. There will be no government arranged site visits.

B-4

RESERVED

C-1

Contract Clauses MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

Federal Acquisition Regulation Contract Clauses

Note: The clauses included in the basic IDIQ apply. The following clauses have been changed or require fill-in for this specific project.

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of theWestern Federal Lands’ Division Engineer (or delegate) or the Second Level Contracting Officer, and shall not be binding until so approved.

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 1, 2008, subject to such extensions as may be authorized. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 15, 2008. 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.

52.211-12 Liquidated Damages—Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of: See Special Contract Requirements, Subsection 108.04.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alternate I (July 1995).

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert "None") Identification No.

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment.

Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

52.225-9 Buy American Act—Construction Materials (Jan 2005)

(a) Definitions. As used in this clause— “Component” means an article, material, or supply incorporated directly into a construction material.

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

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

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

“Domestic construction material” means—

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

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

“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. 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—

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

(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).]

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

52.228-1 Bid Guarantee (Sept 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

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

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

52.236-1 Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 Physical Data (Apr 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: N/A

(b) Weather conditions: N/A

(c) Transportation facilities: N/A

(d) Hydrological data: N/A

(e) Geotechnical data, subsurface investigation information, and design data, consisting of the following, may be obtained upon request. Written requests are required and may be submitted to the Contracts Section at the above address, by FAX at (360) 619-7932, or by e-mail at contracts@mail.wfl.fhwa.dot.gov.

(1) Geotechnical Report 26-07: GTSR M.P. 23.3 ERFO Repair Recommendations

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

52.236-21 Specifications and Drawings for Construction (Feb 1997) Alternate II (Apr 1984).

When record shop drawings are required and reproducible shop drawings are not needed, the following sentences shall be added to paragraph (g) of the basic clause:

Upon completing the work under this contract, the Contractor shall furnish see SCR

104.06 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

TRANSPORTATION ACQUISITION REGULATIONS

CONTRACT CLAUSES

1252.228-73 Notification of Miller Act Payment Bond Protection (April 2005)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain information pertaining to the surety that provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act, (40 U.S.C. 3131 et al), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owned for work performed and materials delivery under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party.

(c) The surety which has provided the payment bond under the prime contract is:

(Name) (Street Address) (City, State, Zip Code) (Contact & Tel. No.)

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Wage Determination MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

General Decision Number: MT080002 02/08/2008 MT2

Superseded General Decision Number: MT20070002

State: Montana

Construction Type: Highway

Counties: Montana Statewide.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008

* SUMT2001-001 01/12/2007

**ZONE PAY**

CARPENTERS, CEMENTS MASONS, IRON WORKERS, LABORERS, POWER

EQUIPMENT OPERATORS, TRUCK DRIVERS

The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Court House of the following towns to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA,

KALISPELL, LEWISTOWN, MILES CITY, MISSOULA

ZONE 1: 0 to 30 miles - Free ZONE 2: 30 to 60 miles - Base Pay +$2.50 ZONE 3: Over 60 miles - Base Pay + $4.00

Rates Fringes

Carpenters:

Carpenter, Piledriverman....$ 21.64 8.85 Millwright..................$ 23.64 8.85

Cement Mason.....................$ 20.36 8.50

Electricians:

Area 1......................$ 18.74 2.93+3.8% Area 2......................$ 20.13 4.76+3.8% Area 3......................$ 19.98 3.44+3.8% Area 4......................$ 19.84 3.51+3.8% Area 5......................$ 20.54 3.54+3.8% Area 6......................$ 18.02 3.44+3.8%

ELECTRICIANS AREA DESCRIPTIONS

AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone counties

AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties

AREA 4: Broadwater, Lewis and Clark, and Meagher Counties

AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties

AREA 6: Gallatin, Park, and Sweet Grass Counties Ironworker

Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Cos....$ 24.80 13.71 Remaining Counties..........$ 23.15 13.71

Laborers:

Group 1.....................$ 16.37 6.75 Group 2.....................$ 19.07 6.75 Group 3.....................$ 19.26 6.75 Group 4.....................$ 20.13 6.75

LABORERS CLASSIFICATIONS

GROUP 1: Flag person

GROUP 2: All General Labor work; Burning Bar; Bucket man;

Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete worker;

Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender;

Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control worker

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzlemen;

Jackhammer (Pavement Breaker); Laser equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-power; Tampers

GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck mounted Wagon Drill; Welder including Air Arc

Line Construction Equipment Operator..........$ 19.16 5.05 Groundman...................$ 15.40 5.05

Painters:........................$ 23.00 8.00 Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo- plastics and any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips..

Power Equipment Operator Group 1.....................$ 20.52 8.00 Group 2.....................$ 22.48 8.00 Group 3.....................$ 23.31 8.00 Group 4.....................$ 23.98 8.00 Group 5.....................$ 25.28 8.00 Group 6.....................$ 25.94 8.00 Group 7.....................$ 27.97 8.00

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine (small);

Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-end Loader under 1 cu yd;Oiler, Heavy Duty Drills; Pumpman;

Oiler (All, except Cranes and Shovels)

GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large: Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine;

Concrete Float and Spreader; Concrete Travel Batcher;

Distributor; Dozer, Rubber tired, Push, and Side Boom; Drills, Heavy Duty (all types); Elevating Grader/Gradall; Field Equipment Serviceman; Front-end Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; Hoist/Tugger (All Hydralift & Similar);

Industrial Locomotive; Motor Patrol (Except Finish);

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

Mountain Skidder; Oiler, Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete/ Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant

GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller;

Asphalt Paving Machine; Backhoe/Excavator/Shovel larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons & under;

Cranes, Creter; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder;

Pioneer Dozer; Rotomill 6 ft and over; Scraper, Single Engine; Scraper Twin or pulling Belly Dump; Yo Yo Cat Front-end Loader over 5 cu yd;

GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper

SPECIAL OPERATORS:

GROUP 5: Cranes, 45 tons to and including 74 tons

GROUP 6: Cranes, 75 tons to and including 149 tons

GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100 tons over 250 tons;

Crane, Stiff-Leg or Derrick; Crane, Tower all); Crane, Whirley

(all); Helicopter Hoist Truck drivers:

Group 1.....................$ 17.76 7.75 Group 2.....................$ 22.73 7.75

GROUP 1: Pilot Car

GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom;

Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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MT NPS ERFO 2007(1)-45(5), MP 23.3 Slope Repair

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

03USC03/19/07

ATTENTION

The following Special Contract Requirements (SCRs) are only a portion of the specifications for this project. These SCRs amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway…