W911RX-18-B-0003-0004_Conformed_Copy_SF_1442.pdf

A. Project Title: Maintenance, Repair & Minor Construction of Roads and Parking Lots, Fort Riley, KS.

B. Competition is unrestricted. (NAICS) code is 237310 Highw ay, Street, and Bridge Construction

C. Project cost estimate is betw een $10,000,000 and $27,000,000 (total price for base and option periods).

D. Prospective bidders shall complete block 14 and block 15.

E. Prospective bidders shall be registered w ith Systems for Aw ards Management (SAM) w ith an active registration.

F. Refer to Section C Summary of Work (SOW) and Section J Appendix for list of supporting SOWS for requirement details.

G. Site visit is scheduled at Ft. Riley 21 February 2018, at 9:00 a.m. CT.

H. Submit Tab A through E listed in Section L, Bid Submission, Preparation Instructions, and Content of the SF 1442. Failure to submit one hard copy (original) and one CD copy of these documents shall render the bidder non-responsive. Perspective bidders shall submit Bid in a sealed envelope w ith the follow ing information marked outside theenvelope:

Company name, address, and IFB number.

X

LARRY D. GRAHAM (785) 239-5226

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12-Feb-2018

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section H

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Apr 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

MICC- FT RILEY

BLDG 1792

FORT RILEY KS 66442-0248

W911RX

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W911RX-18-B-0003 69

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W911RX-18-B-0003

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SF30 AMENDMENT 0004 CONT. PAGE

SF 30 Block 14 Continuation Page.

6. Establishes period of bid acceptance in Block 13D.

7. Establishes Small Business Subcontracting Plan submission requirements in Section L and adds Sample Template as Attachment #3.

8. Adds Construction Wage Rate Requirements (Heavy) for Geary and Riley Counties as Exhibits D and E.

9. Removes Pricing Exhibits B-E from solicitation and makes Option Years as seperate tabs under Exhibit A.

10. Removes Section C, Specification 01 11 00 Summary of Work and adds it as Exhibit B.

11. Changed CLINS 0002, 1002, 2002, 3002, and 4002 from Batch Plant Operations to Seeding Operations.

12. Changed IDC Type from N/A to Requirements for all CLINS

13. Changed Contract Type from Firm Fixed Price (FFP) to Fixed Price-Economic Price Adjustment (FP-EPA) for all CLINS.

14. Adjusts all CLINS Ordering Periods to begin 1MAY and end 30APR. See Section F.

15. Amended Unit of Issue from Each to Job for all CLINS.

16. Added Economic Price Adjustment Base Cost Index Rate information to CLIN 0001 and 0002 Extended CLIN Description.

17. Amended Task Order Bonding language from “The bond rate is based upon the costs of the task order issued.”

to “Contractor shall be reimbursed for actual cost of Payment and Performance Bonds.” For CLINS 0001, 1001, 2001, 3001, and 4001.

18. Removes “Funding is subject to availability of funds.” Language from all CLINS.

19. Added Liquidated Damages language to Extended CLIN Description for CLINS 0001, 1001, 2001, 3001, and 4001.

20. Amended CLIN Description from “Pre-Priced Work Product Construction” to “Road & Bridge Maintenance, Pre-Priced” for CLINS 0001, 1001, 2001, 3001, and 4001.

21. Removed Standard Industry Classification (SIC) Code from all CLIN Descriptions.

22. Amended Acceptance Terms Number of Days from 0 to 10 for all CLINS

23. Deleted “Task Order Submittals” and “Relationships” from Section I.

24. Inserted Section H along with following paragraphs, “H.1 Emergency Medical Treatment”, “H.2 Fire Protection and Prevention”, “H.3 Identification Badges”, “H.4 Normal Work Hours”, “H.5 Required Insurance”, “Compliance with Immigration Laws”, “H.7 Pollution Prevention Act Clause, Fort Riley Local, 15DEC05”, “H.8 Relationship Between Government, Contractor and Contractor Personnel”, “H.9 Task Order Procedures”, “H.10 Liquidated Damages Procedures and Assessment”, “H.11 Payment and Performance Bonds Procedures”, and “H.12 Option Year Economic Price Adjustment Procedures”.

25. Moved “Progress Payments” from Section I to Section H.13.

26. Amended H.13 Progress Payment to reflect compliance with applicable FAR Clause.

27. Moved “Documentation to Support Subcontract Awards” and “Written Guarantees” from Section K to H.14 and H.15.

28. Moved 52.246-12 to Section E

29. Deleted: 52.203-14; 52.211-14; 52.216-4; 52.216-18; 52.219-9; 52.219-14; 52.222-56; 52.223-2; 52.223-3;

52.223-7; 52.223-10; 52.223-11; 52.223-15; 52.223-19; 52.223-20; 52.223-21; 52.232-38; 52.236-14; 52.243-1 Alt.

1; 52.243-7; 52.126-18; 252.219-7011; 52.232-13; 52.232-16; 252.232-18; 252.204-7004; 52.232-16 Alt I; 52.249-

30. Changed to Full Text: 52.209-7(Move to K); 52.211-10; 52.217-8(added timeframe); 52.219-9 Alt I; 52.228-1;

52.252-2 (added website); 52.236-1 (added percentage); 52.222-23 (added goals); 52.209-7

31. Added: 52.217-9 (Full Text-15 days); 52.219-16; 52.222-1; 52.246-21; 52.249-3; 252.203-7002; 252.203-7004;

252.204-7004 Alt A; 252.209-7004; 252.216-7006 (full text-in lieu of 52.216-18); 242.219-7003; 252.223-7008;

252.232-7003; 252.232-7006; 252.232-7010; 252.236-7001; 252.236-7008; 52.232-16; 52.249-10 Alt I; 52.225-12;

52.214-19; 52.216-1 (Full Text); 52.232-13; 52.252-1; 252.203-7005; 252.228-7004 (Full Text – 10 days);

32. Amended: 52.211-12 (Language); 52.216-19 (Language); 52.233-2

33. Moved 52.204-7 & 52.222-23 from Section I to Section L

34. Moved 52.217-5 from Section I to Section M

35. Amended Bidder Instructions in Section L to reflect changed location, POC, and Bid Opening Date.

36. Added Small Business Subcontracting Plan requirements in Section L.

37. Amended CLIN pricing instructions in Section L.

38. Amended Section M, Evaluation of Bids to reflect Subcontracting Plan evaluation.

39. Amended language for unbalanced line item pricing evaluation.

40. Specification 01 11 00: Added Economic Price Adjustment; amended Para 1.5.12; amended Para 1.5.15; added Para 1.1.1, Work by Others; added Para 1.5.22; deleted Para 1.9.3

41. Specification 01 12 00: Amended Para 1.8 Existing Signs.

42. Amended Specification 01 33 00

43. Specification 01 45 00: Para 1.1.3, Added Std. Spec.; Para 1.1.3.5, Added Std. Spec.; Para 1.1.3.6, Added Std.

spec.; Para 1.2.2, Added “There will be at least one CQC monitoring each open task order.”; Para 1.2.2, Added “The personnel of this staff shall be fully qualified by experience and technical training to perform their assigned responsibilities, and shall be subcontracted or directly employed by the Prime Contractor”; Para 1.8 Changed word dimensions to construction; Paras 1.13, 1.1.3.5-6 added KDOT std. Spec. to sentences.

44. Amended Specification 01 55 26 para. 3.1, added payment for traffic control initial setup is included on the bid schedule.

45. Amended Specification 02 41 00 Demolition and Construction, para. 3.2.1 - Added “all asphalt or concrete saw cuts for patching or rock excavation shall be paid for by the linear foot on the appropriate thickness line items on the contract bid schedule. Saw cuts not specifically called out on the bid schedule shall be subsidiary to other bid items.”

46. Specification 31 00 00: Para 3.5 – Removed “unclassified regardless of the nature of material encountered” and replaced with “classified according to the KDOT Standard Specification sections 204 and 205.”; Para 3.7 – Added “See Attachment 4 for borrow pit specifications”; Para 3.8 – Added “Excavation for pipe line items under Std. Spec.

817 shall be paid for above the pay line detailed in attachment 10 Std. Spec. 817 Pipe Excavation Payment Line”;

Para 3.11 – Added “Backfilling for pipe line items under Std. Spec. 817 shall be paid for above the pay line detailed in attachment 10 Std. Spec. 817 Pipe Excavation Payment Line.”; Para 3.17 – Removed “Section 32 11 23: Crushed Aggregate Bae Course” and replaced with “Standard Specifications Division 300”; Para 3.20 – Added “any areas disturbed by contractor operations” and “IAW KDOT specifications”. Removed “new turf shall be established as specified in Section 32 92 00, Seeding and Fertilizing”

47. Amended Specification 32 01 16 Cold Milling

48. Added Specification 33 01 30.16 - TV Inspection of Sewer Pipelines

49. Added Specification 33 01 30.17 – Sewer Line Cleaning

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

0001 1 Job Road & Bridge Maintenance, Pre-Priced

FP-EPA

Base year. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved roads, resurface existing pavements, pavement striping, constructing and repairing airfields at any location that is owned by Ft Riley.

Lump sum prices for each task order are based off the bid schedule worksheet (Technical Exhibit A pricing). Costs for each task order issued shall include cost for bonding premiums. Contractor shall be reimbursed for actual cost of Payment and Performance Bonds on each task order

FAR Clause 52.211-12, Liquidated Damages - Construction, will be included with each task order issued and will specify the applicable rate as defined by Table 108-1 of 2015 KDOT Standard Specifications.

Base Year Construction Cost Index (CCI) Rate _________ (The May 2018 CCI Rate will establish the base rate and will be added to the contract through bi-lateral modification). Base Year Computed Monthly Asphalt Material Index (CMAMI) Rate ___________ (An average of the preceeding 12 months from 1May17 - 30APR18 will establish the base rate and will be added to the contract through bi-lateral modification). Base year rate establishes baseline indexes for Option Year Economic Price Adjustments. Option Year pricing adjustments are calculated IAW Section H.12.

FOB: Destination

PSC CD: Z2LB

EST. NET AMT

UNIT UNIT PRICE EST. AMOUNT

0002 1 Job Seeding Operations

FP-EPA

Base Year. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

Exhibit A seeding line items (Line Items Seed (Permanent Mix) and Seed (Urban Mix)) shall be ordered against this CLIN at prices established in Exhibit A.

Performance Period for this CLIN shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated with the performance end date listed in CLIN 0001, 1001, 2001, 3001, or 4001 as applicable for each task order.

(Technical Exhibit A pricing).

Base Year Construction Cost Index (CCI) Rate _________ (The May 2018 CCI Rate will establish the base rate and will be added to the contract through bi-lateral modification). Base Year Computed Monthly Asphalt Material Index (CMAMI) Rate ___________ (An average of the preceeding 12 months from 1May17 - 30APR18 will establish the base rate and will be added to the contract through bi-lateral modification). Base year rate establishes baseline indexes for Option Year Economic Price Adjustments. Option Year pricing adjustments are calculated IAW Section H.12.

UNIT UNIT PRICE EST. AMOUNT

1001 1 Job OPTION Road & Bridge Maintenance, Pre-Priced

FP-EPA

Option Year 1. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved and Performance Bonds on each task order.

Option Year pricing adjustments to Exhibit A are calculated IAW Section H.12

UNIT UNIT PRICE EST. AMOUNT

1002 1 Job OPTION Seeding Operations

FP-EPA

Option Year 1. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

Performance Period for this CLIN shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated

UNIT UNIT PRICE EST. AMOUNT

2001 1 Job OPTION Road & Bridge Maintenance, Pre-Priced

FP-EPA

Option Year 2. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

UNIT UNIT PRICE EST. AMOUNT

2002 1 Job OPTION Seeding Operations

FP-EPA

Option Year 2. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

Performance Period for this CLIN shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated

UNIT UNIT PRICE EST. AMOUNT

3001 1 Job OPTION Road & Bridge Maintenance, Pre-Priced

FP-EPA

Option Year 3. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

UNIT UNIT PRICE EST. AMOUNT

3002 1 Job OPTION Seeding Operations

FP-EPA

Option Year 3.In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

Performance Period for this CLIN shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated

UNIT UNIT PRICE EST. AMOUNT

4001 1 Job OPTION Road & Bridge Maintenance, Pre-Priced

FP-EPA

Option Year 4. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

UNIT UNIT PRICE EST. AMOUNT

4002 1 Job OPTION Seeding Operations

FP-EPA

Option Year 4. In accordance with the project scope, plans, drawings and specifications in this contract to construct new parking lots, new asphaltic paved

Performance Period for this CLIN shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated

Section C - Descriptions and Specifications

SOW

See Exhibit B, Specification 00 11 00, Summary of Work, General Requirements.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2018 TO

30-APR-2019

N/A DIRECTORATE OF PUBLIC WORKS -

FORT RILEY

SCOTT SUTHERLAND

408 PERSHING COURT

FORT RILEY KS 66442

785-239-0423

W55CU6

0002 POP 16-MAR-2018 TO

15-MAR-2019

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

GENERAL REQUIREMENTS

H.1. EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends.

Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

H.2. FIRE PROTECTION AND PREVENTION

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during the course of performance of work under the contract.

Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or his employees, including failure to comply with the fire prevention measures prescribed in the aforementioned regulations. The Contractor or his responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The Contractor shall familiarize his employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

H.3. IDENTIFICATION BADGES

Contractor personnel shall wear identification badges (3” x 5”) while on the job. Badges shall be provided by the Contractor at its own expense and shall contain at the minimum the following: Photograph of Employee; Name of Employee; Name of Contractor; Phone# of Contractor; and Contract Number.

H.4. NORMAL WORKING HOURS

4 .1 The Contractor shall schedule his working hours to coincide with the working hours of the military reservation, a normal 5-day, 40 hour week, Monday through Friday, Federal holidays excepted. The Contractor shall not perform work on the installation during other work days nor during other hours without the written approval of the Contracting Officer. Normal work hours are from 7:30 a.m. through 4:30 p.m. The following legal holidays are observed:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Washington's Birthday Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

4.2 When one of the above holidays falls on a Sunday, the following Monday will be observed as a legal holiday, and when the holiday falls on a Saturday, the preceding Friday is observed as a holiday by Government agencies.

Contractors are also requested to not schedule work on the day before Christmas and the day before New Year's Day.

H.5. REQUIRED INSURANCE. Reference FAR Clause 52.228-5 entitled, Insurance--Work on a Government Installation.

5.1 Before commencing on-site operations (or within 10 days of award or receipt of notice to proceed), the Contractor shall provide the Contracting Officer evidence (i.e. Certificate Of Liability Insurance) of the following minimum insurance coverage as required by FAR 28.307-2 Liability.

5.1.1 Statutory worker's compensation and employer's liability insurance (as applicable): $100,000 or as prescribed by The State of Kansas, whichever is greater.

5.1.2 General liability – At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

5.1.3 Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

5.2 Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercised options. All subcontracts shall provide the same coverage under the same terms. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor’s insurance carrier. When the coverage is provided by self-insurance, the contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

H.6. COMPLIANCE WITH IMMIGRATION LAWS

6.1. The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor’s employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.

6.2. The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation.

6.3. Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government. Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

H.7. POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

7.1. Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

7.2. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

7.3. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

7.4. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

7.5. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

7.6. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The contractor must obtain any special disposal permits.

7.7. Obtain approval from the Environmental Division’s Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley’s Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

7.8 Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

H.8. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

8.1. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

8.2. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

8.3. Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of his responsibility to perform the requirements specified within this contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

8.4. The services to be performed under this contract shall not require the Contractor or his employee to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

8.5. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

H.9. TASK ORDER PROCEDURES AND AUTHORITIES

9.1. Authority to Place Task Orders: The Mission and Installation Contracting Command (MICC) -Fort Riley is hereby delegated authority to award and administer task orders under this procurement. We reserve the right to delegate authority to other contracting centers.

9.2. Unauthorized Work: The Contractor is not authorized to commence task order performance without a signed task order or direction by a Contracting Officer. Notwithstanding any of the other provisions of this contract, a Contracting Officer shall be the only individual authorized on behalf of the Government to:

- Accept nonconforming work;

- Waive any requirement of the task order; or,

- Modify any term or condition of the task order.

- Only the Contracting Officer is authorized to waive or modify any term or condition of the contract.

9.3. For each proposed task order, the Directorate of Public Works (DPW) through the Contracting Office, will provide the Contractor with the Scope of Work, Exhibit A Estimated Quantities, and/or applicable plans and drawings applicable for the task order. The Contractor shall field verify the plans and quantities of the proposed task order within five (5) business days after receipt and submit any Requests For Information (RFI) to DPW within one (1) business day after field verification of proposed work. DPW will provide responses to the Contractor’s RFI.

9.4. Within two (2) business days after receipt of the Government’s response to the Contractor submitted RFI’s, the Contractor shall prepare and submit to the COR for review and approval a complete construction schedule with schedule of values in either Microsoft Project, Primevera or similar scheduling software. Microsoft Excel or similar type spreadsheets are not acceptable. Construction schedule shall show the beginning date of work and through the final date. The number of construction days for CLINS 0001, 1001, 2001, 3001, and 4001 will be derived from annotation listed in Exhibit A, “Total No. of TO Days:” Construction schedule shall show all definable features of work, work or activities to be performed by others to include all subcontractors, show linkable (hanger) tasks and/or activities and their relationship. The approved construction schedule will be attached to the task order at issuance by the Contracting Officer. The approved construction schedule will be used to establish the Period of Performance for each task order.

9.5. Seeding Operations (CLINS 0002, 1002, 2002, 3002, and 4002) are not subject to the construction schedule listed in para 9.2 above. Performance Period for Seeding Operations shall be based on the seeding season outlined in the KDOT Standard Specifications Section 904 Table 904-1 that is associated with the performance end date listed in CLIN 0001, 1001, 2001, 3001, or 4001 as applicable for each task order.

9.6. Throughout task order performance, the Contractor shall provide to the Government weekly updated construction schedules for all open task orders. Changes, or task/activity shifts in the weekly updated schedule shall be reflected by showing the original planned dates from the approved construction schedule and the new projected dates.

9.10. Upon completion of each task order, Contractor shall submit to the Contracting Officer through the COR, the actual quantities completed. The COR will verify submitted quantities and submit a request for modification to the Contracting Officer adjusting the task order to actual quantities.

H.10. LIQUIDATED DAMAGES PROCEDURES AND ASSESSMENT

10.1. Each task order shall contain FAR Clause 52.211-12, Liquidated Damages – Construction along with the associated rate established in Table 108-1 of the 2015 KDOT Standard Specifications for State Road & Bridge Construction.

10.2. In accordance with (IAW) FAR Clause 52.211-12, Liquidated Damages – Construction, Liquidated Damages (LD) shall be assessed against each open task order that exceeds the Period of Performance listed in the task order for CLIN 0001, 1001, 2001, 3001, or 4001 as applicable.

10.3 Work performed in accordance with CLINS 0002, 1002, 3002, and 4002, Seeding Operations will not be subject to Liquidated Damages as the Contractor shall be provided the entire growing season within the Period of Performance for each task order in order to ensure that seed growth and coverage is achieved.

10.4. Contractor will be notified by the Contracting Officer when LD assessment is planned to begin and the date when LD’s will take effect.

10.5. Deductions to each subsequent progress payment after notification shall incorporate any LD’s currently in effect plus any retainage for schedule slippage. The Contractor’s final invoice for each task order will not be accepted by the Contracting Officer until the final calculation of Liquidated Damages is completed.

H.11. PAYMENT AND PERFORMANCE BONDS PROCEDURES

11.1. Performance and Payment bonds shall be required, and the penal sum established, by each Task Order.

Contractor shall be reimbursed for actual costs for obtaining required payment and performance bonds for each Task Order.

11.2. Payment Bond: If an individual Task Order is priced at $30,000 or greater, penal sum shall be one hundred percent (100%) of order price.

11.3. Performance Bond: If an individual Task Order is priced at $35,000 or greater, penal sum shall be one hundred percent (100%) of order price.

11.4. Bonds and other payment protections shall be provided within 10 calendar days of award of a Task Order.

H.12. OPTION YEAR ECONOMIC PRICE ADJUSTMENTS

12.1. Reference FAR Clause 52.222-31 Construction Wage Rate Requirements--Price Adjustment (Percentage Method) (May 2014). Pricing for option year periods of separately priced line items on Technical Exhibit A Bid Form shall be performed by an Economic Price Adjustment (EPA) as follows:

12.2. Line items with CCI in the EPA column on Exhibit A will be adjusted using the Construction Cost Index.

12.3. Line Items with MCAMI in the EPA column on Exhibit A will be adjusted using the Monthly Computed Asphalt Material Index (MCAMI)

12.4. No upward adjustment shall apply to delivery orders awarded prior to the effective date of the adjustment, regardless of the date of commencement of work there under.

12.5. The adjustment will be made in accordance with the following equation per PGI 216.2 http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI216_2.htm.

12.6. The resulting revised unit prices shall be applied throughout the option year for those line items adjusted using the CCI and MCAMI.

N = (C) (F) N = New Unit Price C =Base Year Unit Price F = Change Factor (ratio of increase or decrease for each revision).

The Change Factor, F, shall be computed according to the following equation:

F = CCI/BCCI or MCAMI/BMCAMI

12.6.1. Where CCI is the Construction Cost Index for the month prior to the effective date of the proposed option year published on the ENR website at:

http://enr.construction.com/economics/current_costs/

12.6.2. BCCI is the Base Construction Cost Index for the month prior to the effective date of the base or previous option year as published on the ENR website at:

http://enr.construction.com/economics/current_costs/

12.6.3. Monthly Computed Asphalt Material Index (MCAMI) is the calculated average of the previous 12 month period starting from the effective date of the base or past option year. The MCAMI can be found on the Kansas Department of Transportation website at: http://www.ksdot.org/burconsmain/ppreq/asphaltpriceindex.asp

12.6.4. Base Monthly Computed Asphalt Material Index (BMCAMI) is the calculated average of the previous 12 month period prior to the effective date of the base or previous option year. The MCAMI can be found on the Kansas Department of Transportation website at:

https://www.ksdot.org/bureaus/burconsmain/ppreq/AsphaltPriceIndex.asp

12.7. If either the CCI or the MCAMI cease to be published, the parties shall agree on substitute indices.

12.8. Economic Price Adjustment Example:

For the base year of a contract the line item unit price is $2.00.

For the first option year the unit price will be adjusted as follows:

F = CCI / BCIC = 3111.86/3071.10 = 1.0133

The new unit price would be calculated as follows:

N = (C )( F) = ($2.00) (1.0133) = $2.03 Note: Round new unit prices to the nearest whole cent.

H.13. CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

13.1. The Contractor shall read and be familiar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts. FAR Clause 52.232-5 stipulates that the Government shall make progress payments monthly as work proceeds. Each progress payment request shall include all of the elements delineated at sub-paragraph (b)(1)(i)-(v). Failure to comply with the minimum requirements in this reference will result in immediate rejection of the invoice until corrected.

13.2. Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

13.3. Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

13.4. FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 calendar days after the designated billing office receives a proper payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

13.5 . In accordance In with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, and the contractor receives a signed copy, the contractor shall initiate a Construction Payment 13.6. Invoice in WAWF, and route it directly to the COR identified in this contract. The DODAAC that will be used in preparing the WAWF invoice is “W55CU6”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR Contracting Officer will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment. For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after The Contractor may not submit a final invoice for any task order until after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354) and after confirming all certified payroll records have beneeen submitted and approved to by the Government.

13.7. For projects negotiated with a longer performance period greater than one month, progress payments are authorized one time each month, up to 80% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

H.14. DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

14.1. Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

14.2. FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards required. Incorporation by reference does not constitute compliance.

H.15. WRITTEN GUARANTEES

15.1. The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection. Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-31 Construction Wage Rate Requirements--Price Adjustment (Percentage Method)

MAY 2014

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY…