quote_doc_and_clauses.docx

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

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Method of

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Method of

Total Base Items Price =

Begin Optional Items

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Method of

Total Optional Items

Total Base and all Options $___________ Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

Contractor Notes:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. THIS IS A FREE REGISTRATION.

2. This is a construction project which has the following bonding requirements:

20% bid bond for offers over $150,000 required with offer submission. 100% performance and payment bonds for offers over $150,000 upon award. See Section I for details.

3. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years to be considered

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for all or part of this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

Description of Work Tell City Ranger District Asphalt Rejuvenation

This project consists of all work that is necessary to perform asphalt pavement rejuvenation within the Tell City Ranger District, Hoosier National Forest. This project contains two base items, as well as five “Optional Items” for the contractor to quote (pricing is required for all base and optional items). The awarding of the Optional Items will be based on funding available throughout the life of the contract.

Begin Base Items:

Line Item 1: Mobilization

Line Item 2: FS Road 1122.000 – Tipsaw Lake Road

Begins at State Road 37 at the pavement joint near the stop sign and ends at FS Road 1122.031 (Tipsaw Boat Ramp Parking Road), where the existing pavement black sealant begins.

Includes all asphalt pavement on and directly adjacent to Tipsaw Lake Road, including:

Parking area at first bridge, mile post 0.29 Parking area at mile post 1.65 Pavement apron at FS Road 1122.012, mile post 1.95 Pavement apron at FS Road 1122.010 Tipsaw Lake Trailhead, milepost 1.95 Widened pavement at gatehouse, mile post 2.10

One lane of traffic must remain open at all times. Three wooden bridges are located on Tipsaw Lake Road.

End Base Items

Begin Optional Items:

Line Item 3: FS Road 1141.010 – Celina Lake Road

Begins at FS Road 1141.000 (Indian Lake Road) and ends with a loop at the southern end.

Includes all asphalt pavement on and directly adjacent to Celina Lake Road, including:

· Parking area on left side of road at mile post 0.03

· Pavement at entrance to North Face Campground to the fee tube located near the swing gate

· Pavement at entrance to South Slope Campground to the pavement joint located near the swing gate

· Pavement apron at Rickenbaugh Cemetery Road.

One lane of traffic must remain open at all times, including access to the Celina Lake Boat Ramp.

Line Item 4: FS Road 1141.013 – Celina Boat Parking

Begins and ends at FS Road 1141.010 (Celina Lake Road).

Treat half of the parking area at one time, leaving the other half open for use by Forest visitors.

Line Item 5: FS Road 1122.021 – Primrose Loop

Begins at the Tipsaw Campground Road and ends with a loop at the south end.

Includes 8 camping/parking areas around the loop at the south end of the road.

Line Item 6: FS Road 1122.022 – Catbrier Loop

Begins at the Primrose Loop Road and ends with a large loop.

Line Item 7: FS Road 1122.023 – Jackpine Loop

Begins at the Tipsaw Campground Road and ends with a large loop.

End Optional Items

General Notes

1. Traffic control shall be the sole responsibility of the Contractor.

2. If the Contractor requires access behind a locked gate, notify the Contracting Officer’s Representative. The Cradle of Forestry may also be able to assist with opening gates.

3. Equipment can be stored overnight at the Tipsaw block building area (near the weather station), located within the Tipsaw Campground, at the Contractor’s risk. The designated location is shown on the Tipsaw Area Map.

4. If artifacts or cultural materials are discovered during project implementation, cease work and notify the heritage resource specialist at 812-276-4748. If human remains are discovered cease work, notify the heritage resource specialist, and secure the area.

5. The Tipsaw and Indian/Celina Recreation Areas are operated under contract by the Cradle of Forestry. The campgrounds are open for recreational use beginning in mid-April and ending in mid-October each year. The Government is not responsible for payment of any work which is directed by the Cradle of Forestry, and not specifically contained in the project documents. The Cradle of Forestry should be kept informed of daily work plans and lane closures.

6. Protection of Celina and Tipsaw Lakes: Application rates shall be closely monitored when working in the vicinity of Celina and Tipsaw Lakes to avoid runoff. The Contractor is solely responsible for any product runoff which reaches Celina Lake or Tipsaw Lake.

7. Due to the presence of wheel stops in most of the parking areas, hand application of the rejuvenating agent will be required in some locations.

8. The asphalt rejuvenating agent shall not reduce the visibility of existing pavement markings. Black pavement sealants are not an approved product for this project.

9. No water source is available on site for this project. Possible water sources include: And-Tro Water, 812-836-2020 and City of Tell City, 812-547-5511

Asphalt Rejuvenating Agent I. Scope:

This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications and applicable drawings.

II. Material Specifications:

The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each prospective contractor must submit with his pricing a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the following physical and chemical requirements:

SPECIFICATIONS

Tests on Emulsion:

Tests on Residue from Distillation:

PC + A15

S + A2

1 ASTM D244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 °C (300 °F) until foaming ceases, then cool immediately and calculate results.

2 Test procedure identical with ASTM D24460 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water.

3 Test procedure identical with ASTM D244 except that distilled water shall be used in place of two percent sodium oleate solution.

4 Test procedure is attached.

5 Chemical composition by ASTM Method D200670:

PC = Polar Compounds, A1 = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons

III. Material Performance:

The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and indepth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity and increase the penetration value of the asphalt binder as follows. The viscosity shall be reduced by a minimum of 45 percent and the penetration value shall be increased by a minimum of 25 percent. Testing shall be performed on extracted asphalt cement from a pavement to a depth of three eighths inch (3/8"). In addition, the pavement shall be indepth sealed to the intrusion of air and water.

The prospective Contractor must submit with his pricing the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The prospective Contractor must submit with his pricing previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc.; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in the asphalt binder viscosity and penetration numbers. Testing data shall be submitted indicating such product performance on at least three projects, each being tested for a minimum period of three years to insure reasonable longevity of the treatment, as well as product consistency.

IV. Applicator Experience:

The asphalt-rejuvenating agent shall be applied by an experienced applicator of such material. The prospective Contractor shall have a minimum of three years of experience in applying the product proposed for use, and shall submit with his pricing a list of five projects on that which he/she applied said rejuvenator. He/She shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project.

A project superintendent knowledgeable and experienced in application of the asphalt-rejuvenating agent must be in control of each day's work. The prospective Contractor shall submit a written experience outline of the project superintendent.

V. PRODUCT STANDARDS AND ALTERNATES:

The product "Reclamite"®, as manufactured by Tricor Refining, LLC. for the asphalt rejuvenating agent is the standard for these specifications.

If an alternative product is planned to be used, the prospective Contractor shall provide, along with pricing, all documentation necessary to show that the alternative product is equivalent to the "Reclamite"® product.

For alternative product being specified by the prospective Contractor, the following must be submitted with pricing:

(a) Name of product, manufacturer of product, and contact information for the manufacturer.

(b) Furnish complete specifications and descriptive literature for the alternate. Such descriptive and detailed information shall be complete and at provide the necessary information for the Government to determine that the alternate product meets or exceeds the "Reclamite"® product. This includes data for all items shown in chart under the II. Material Specifications section above.

(c) Submit a current Material Safety Data Sheet for the alternate product.

The Contractor may furnish only those alternate items included in the proposal and approved by the Government prior to award of a contract.

If no alternate product is planned to be used, the Contractor shall furnish the "Reclamite"® product specified in the attached specifications.

VI. APPLICATION TEMPERATURE/WEATHER LIMITATIONS:

The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt-rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt-rejuvenating agent shall not be applied when the ambient temperature is below 40° F.

VII. HANDLING OF ASPHALT REJUVENATING AGENT:

Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Contracting Officer’s Representative.

VIII. RECREATION AREA USER NOTIFICATION:

The contractor shall provide copies of a typed notice to the Tipsaw and Indian/Celina gatehouses for distribution to Forest visitors. The copies will be delivered within 24 hours prior to the treatment of roads. The notice will have a local phone number that campground users may call to ask questions.

IX. APPLICATING EQUIPMENT:

The distributor for spreading the emulsion shall be selfpropelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate.

Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank.

A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Contracting Officer’s Representative.

The truck used for sanding shall be equipped with a spreader that allows the sand to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of sand per square yard in a single pass. The spreader shall be adjustable so as not to broadcast sand onto paved campsite loops, lawn areas, or roadside ditches.

The sand to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet sand shall be rejected from the job site.

Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced before use.

X. APPLICATION OF REJUVENATING AGENT:

The Contractor shall be responsible for conducting ring tests at multiple locations on each road being treated to determine the proper application rate for the rejuvenating agent so as to achieve optimum application rate. A minimum of two ring tests shall be performed on each road being treated. The target application rate is the quantity that will penetrate the pavement within 30 minutes with ambient temperatures of 50° F and rising. The Contractor shall notify the Contracting Officer’s Representative at least 2 working days in advance of these tests in order to have a Government representative on site to observe the testing.

The asphalt-rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application.

Application of asphalt rejuvenating agent shall be on onehalf width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least onehalf the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck.

Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Contracting Officer’s Representative following field testing.

Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Contracting Officer’s Representative grants approval for additional applications.

Grades or super elevations of surfaces that may cause excessive runoff shall have the required amounts applied in two or more applications as directed.

After the road has been treated, the area within one foot of the curb line on both sides of the road shall receive an additional treatment of the asphalt rejuvenating emulsion. Said treatment shall be uniformly applied by a method acceptable to the Contracting Officer’s Representative.

After the rejuvenating emulsion has penetrated, a coating of dry sand shall be applied to the surface in sufficient amount to protect the traveling public.

The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent.

XI. ROAD SWEEPING:

The Contractor shall be responsible for sweeping or blowing the pavement to be treated prior to treatment. After the rejuvenator product has thoroughly dried, the Contractor shall sweep or blow any remaining sand from the pavement surface which was applied by the Contractor.

Prior to treatment, the road will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power brooming, power blowing or other approved methods. If in the opinion of the Contracting Officer’s Representative, the hand cleaning is not sufficient than a self-propelled street sweeper shall be used.

All sand used during the treatment must be removed no later than 48 hours after treatment of the road. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, parking areas, etc. must be cleaned of any material to the satisfaction of the Contracting Officer’s Representative. Road sweeping will be included in the pricing per square yard for asphalt rejuvenating agent.

If, after sand is swept, a hazardous condition exists on the roadway, the contractor must apply additional sand and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of sand.

XII. TRAFFIC CONTROL:

The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall be kept closed and free from traffic until penetration has become complete and the area is suitable for traffic.

When traffic must be maintained at all times on a particular road, as noted in the description of each road within this document, then the Contractor shall apply asphalt rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until the traffic may be switched to the completed lane.

The Contractor shall be responsible for all traffic control and signing required to permit safe travel. The contractor shall notify the Tipsaw and Indian/Celina Concessionaires as to the roads that are to be treated each day.

If, in the opinion of the Contracting Officer’s Representative, proper signing is not being used, the Contractor shall stop all operations until safe signing and barricading is achieved.

XIII. METHOD OF MEASUREMENT:

The method of measurement will be the design quantity, as measured by the Forest Service in square yards, as shown in the schedule of items.

XIV. BASIS FOR PAYMENT:

The accepted quantities, measured as provided for above, will be paid for at the contract unit price in the Schedule of Items for asphalt rejuvenating agent.

Asphalt rejuvenating agent shall be paid for PER SQUARE YARD, based on the design quantity, which shall include all materials, equipment, labor and incidentals to complete the work as specified and required.

Technical Submission:

1) Rejuvenating Product Information: Provide all information necessary to demonstrate that the rejuvenating product being specified meets or exceeds the project specifications, including:

a) Name of product

b) Manufacturer of product

c) Contact information for the manufacturer

d) Number of years that this specific product has been used to rejuvenate asphalt pavement

2) Past Project Information: Provide a minimum of two (2) and no more than three (3) similar asphalt rejuvenation projects for local/state/federal government agencies.

a) Name of the project,

b) Name of the customer/client,

c) Dates of projects,

d) Was project completed within specified time frame,

e) The project(s) total dollar amount,

f) Name and phone number for the customer/client,

g) Indicate whether Prime or Subcontractor.

3) Organization Information: Provide the following information:

a) Name/Job Title/Experience of the Project Manager,

b) Name(s)/Job Title(s)/Experience of all key personnel who will be assigned to the project, to include key subcontractor personnel,

c) List of Equipment to be used on the project (state whether it is company owned or will have to be rented.

Technical Evaluation Factors which will be used to select the Contractor:

1) Rejuvenating Product specified meets or exceeds project specifications. Sufficient documentation must be submitted to show that alternate products are an equivalent to the standard product.

2) Past experience on asphalt rejuvenation projects.

Pre-Bid Meeting:

No planned formal pre-bid meeting is planned to be held. Contractors are encouraged to visit the sites on their own or contact Darren Norrington at 812-276-4760 to arrange a site visit or to answer any technical questions about the project. If a request is received to arrange a site visit, all potential bidders will be extended an invitation to attend.

Special Project Specifications to FP-03 The following Special Project Specifications are made part of the contract and super cede all or part of the specifications shown in the FP-03 book.

Preface Delete all but the first paragraph and add the following:

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

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

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

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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

Culvert--No definition.

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

Add the following:

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

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

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

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

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

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

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

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

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

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

Figure 101-1—Illustration of road structure terms.

102 - Bid, Award, and Execution of Contract 102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work Deletions

Delete Sections 104.01, 104.02, and 104.04.

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

The Contractor is responsible for any damage that occurs to Forest Roads, County Roads, and State/Federal roads outside normal wear and tear. The Contractor will repair any road damage at their expense.

Add Subsection.

104.07 Other Contracts.

Example: Hardin Ridge Recreation Area is operated under contract by the Cradle of Forestry. The campground will be operational during the life of the rejuvenation contract.

The roads are to remain open for public/government use, with the exception of lane closures which are coordinated with the Contracting Officer’s Representative and the Cradle of Forestry.

106 - Acceptance of Work

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method;

(2) Number of samples;

(3) Sample transport;

(4) Test procedures;

(5) Testing laboratories;

(6) Reporting;

(7) Estimated time and costs; and

(8) Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol. If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility To the Public

107.02 Protection and Restoration of Property and Landscape.

Add the following:

The roads are to remain open to traffic, except for lane closures with proper traffic control, or except for road closures which are permitted by the Cradle of Forestry and the Contracting Officer’s Representative. Work shall occur between the hours of 8am-5pm on Monday-Friday. No work shall be performed on weekends or Federal holidays.

All survey monuments/posts, bearing trees, boundary signs/posts are to be protected. If disturbed/damaged/destroyed they are to be reset using a licensed surveyor at no expense to the government.

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107 - Legal Relations and Responsibility to the Public

107.08 Sanitation, Health, and Safety.

Add the following:

Perform all operations in a prudent, conscientious, safe and professional manner. Ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National Forest.

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

· Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

· Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

· Exact time and location of spill including a description of the area involved.

· Containment procedures.

· Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

· Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

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

107.11 Protection of Forests, Parks, and Public Lands:

Add the following:

The contractor will be responsible for suppression costs on any and all fires that are started by work activities or from any of their employees. Fire extinguishers shall be readily available, charged, and of an appropriate size to put out any fires that may be started.

108 - Prosecution and Progress 108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment 109 Deletions Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

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

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

151 - Mobilization

Delete Section 151 in its entirety and replace with the following.

Description

151.01 This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site; obtaining of permits, insurance, and bonds. This work also includes washing and treating construction equipment and vehicles necessary for equipment transport to remove seeds, plants, and plant fragments before the equipment is used on Forest Service lands, according to the requirements within.

Construction Requirements

Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment. Only equipment inspected by the Forest Service will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area will be treated in the same manner as the initial move-in. This requirement does not apply to cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas off the National Forest.

Equipment will be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

Notify the Contracting Officer (CO) in writing at least 72 hours before moving any construction equipment onto the National Forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every cleaning.

Use methods of cleaning and locations for cleaning approved by the CO.

For work at a commercial washing facility, use an approved facility.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, in the Project Area or on the haul route, will be promptly reported to the other party. Contractor and Forest Service will agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

Measurement

151.02 Clean equipment prior to moving onto this project. Cleaning will not be included in the measurement for payment.

Measure mobilization according to Subsection 109.02.

Payment

151.03 The accepted quantity, measured as provided in Subsection 109.02, will be paid at the contract price per unit of measurement for the Section 151 pay item shown in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

Progress payments for mobilization lump sum will be paid as follows:

(a) If applicable, bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments Under Fixed-Price Construction Contracts, after receipt of the evidence of payment.

(b) When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

(c) When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

(d) Any portion of the mobilization item in excess of 10 percent of the original contract amount will be paid after final acceptance.

Include all costs associated with the initial cleaning of equipment in the unit bid price for Mobilization. Cleaning for subsequent move-ins will not be paid for unless after a suspension ordered by the CO.

171 - Weed and Disease Prevention Description

171.01 This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Material

171.02 Conform to the following Subsection:

Water 725.01

Construction Requirements

171.03 General . Notify the COR in writing at least 5 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the COR with an opportunity to monitor the washing and inspection.

171.04 Equipment. Use a high pressure washing system. For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. If the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water.

For work at a commercial washing facility, use an approved facility.

171.05 Washing. Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

171.06 Inspection. Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

171.07 Acceptance. Weed prevention will be evaluated under Subsection 106.02.

Measurement

171.08 Do not measure weed prevention for payment.

Payment

171.09 Include all costs associated with the Section 171-Weed Prevention in the unit price for Section 151-Mobilization.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

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

C.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense Roofing Products, low flow toilets, faucets, appliances

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

g Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

h 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Foams, refrigeration products, air conditioning products

C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.2 SAFETY AND HEALTH

2.1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

2.1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

2.1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

2.1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall…