A04_Cust. GAOA Sweet Creek #2 - Contract Template.docx

ENGINEERING DRAFTING TEMPLATE – FP14 1 of 36 Updated 11/15/2012 (Updated-Thru-FAC-2005-62) Engineers…..

(1) Click on tools and track changes, so we can better understand what you deleted and or changed…THIS FORMAT SHOULD ONLY BE USED FOR PROJECTS USING THE FP-03 SPECIFICATIONS AND SUPPLEMENTALS.

(2) It is your responsibility to E-Mail your unit funds manager regarding the Government Estimate and the actual contract award value for your project. (AQM will not monitor this responsibility)

SECTION B – SEND AS A SEPARATE DOCUMENT

The estimated start work date is February 1, 2025. All work shall be completed within 45 calendar days after the effective date of the Notice to Proceed.

C-1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

Work includes:

Furnishing all technical expertise, labor, equipment, supervision, transportation, operating supplies and incidentals necessary to complete construction of 1 prefabricated timber glulam pedestrian bridge. Work includes, but is not limited to clearing, excavation, placement of (1) - 40 ft span x 3 ft clear width - prefabricated timber glulam pedestrian bridges, timber decking & railing installation, gabion placement, concrete grade beam placement, backwall construction, stair construction and trail embankment construction. Structure is located at MP 0.2793 along FS trail #1319 and may require the use of a helicopter for placement.

C-2 PROJECT LOCATION

The project can be located as follows:

From Eugene, OR, drive West on OR-126W for approx. 42 miles Turn left (West) onto S Bank Mapleton West Rd/Sweet Creek Road and travel 10.3 Miles to the Sweet Creek Falls Trail Head (on the right side of the road) Trail bridge is located 0.2793 miles from trail head on FS Trail 1319

C-3 SPECIFICATIONS

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

On Federal Highway Projects FP-14 U.S. Customary Units

AASHTO Standards American Association of State Highway and Transportation Officials 341 National Press Building Washington, D.C. 20024

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

C-4 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C-5 PRODUCT SAMPLES AND/OR SUBMITTALS

The following product samples and/or submittals are required for this project:

Title

Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

C-6 SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

C-7 MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted on this project:

Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

C-8 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73 (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-9 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS FP-14 U.S. CUSTOMARY UNITS

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

(a) Section 100 through 149 of the Standard Specification and all other Standard or Supplemental Specifications shown in the specification listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached in Section C.

(b) See the following for the specification lists and supplemental specifications.

C-10 STANDARD SPECIFICATIONS

See attachment

C-11 SUPPLEMENTAL SPECIFICATIONS

See attachment

C-12 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984) Standard Clause, Modify as needed

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than March 17, 2025. The time stated for completion shall include final cleanup of the premises.

INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

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(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

(End of clause)

INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

CONFORMITY WITH PLANS AND SPECIFICATIONS

STANDARD CLAUSE

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Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

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The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

(End of clause)

GOVERNMENT-FURNISHED PROPERTY

LIST ALL GFP, DELETE IF NONE

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CO INSERRT CLAUSE “52.245-9 -- Use and Charges” TO ALL SOLICITATIONS CONTAINING CLAUSE 52.245-1 (SECTION I)

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the FAR clauses “52.245-1 -- Government Property”, or “52.245-9 -- Use and Charges” as applicable.

Item No. Description Quantity Delivery Date

<NONE> <> <> <>

(End of clause)

POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

STANDARD CLAUSE

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A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held virtually via Microsoft Teams Meeting.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

POTENTIAL SAFETY HAZARDS

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(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

INDUSTRIAL CAMPS

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Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

SALVAGE RIGHTS

STANDARD CLAUSE IF APPLICABLE

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No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

AIRCRAFT USE

STANDARD CLAUSE IF APPLICABLE

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The Contractor shall advise the Contracting Officer of any intent to utilize aircraft in the performance of this contract at least 30 calendar days prior to planned use. Special requirements will apply to all work associated with aircraft, including compliance with a Project Aviation Safety Plan and current Forest Service guidelines for aviation management.

SPECIAL EQUIPMENT CLEANING REQUIREMENTS

STANDARD CLAUSE IF APPLICABLE

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All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

PHYSICAL DATA (FAR 52.236-4) (APR 1984)

STANDARD CLAUSE IF APPLICABLE

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

(a) The indications of physical conditions on the Plans and in the specifications are the result of site investigations by visual observations at the project site.

LANDSCAPE PRESERVATION

STANDARD CLAUSE, MODIFY AS NEEDED

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(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124, and then immediately notify the Contracting Officer.

Contractor shall have a SPILL RESPONSE KIT on the project whenever equipment is operating. The spill kit shall be sufficient to absorb 34 gallons of oil, designed to float on the surface, while absorbing oil and repelling water. The KIT shall meet or exceed the physical properties of “New Pig Products Spill Kit #408”.

Oil absorbing mats are required under all stationary equipment, or equipment being serviced within the Forest Boundary to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas flagged on the ground or beyond two feet from edge of walkways, top of cuts, or toe of fills.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

(f) Prior to the start of construction the Contractor shall submit to the Engineer for approval a schedule and plan for temporary pollution control measures for the following phases of work:

VALUE ENGINEERING

USE ONLY IF PROJECT IS >$100,000]

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Value engineering change proposals which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

The following work is excluded from consideration under the Value Engineering clause:

NONE

(End of clause)

PRODUCT SUBSTITUTION

STANDARD CLAUSE

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Any modification of items, designs, materials, products or equipment (including Government-Furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

ROAD USE AND MAINTENANCE

STANDARD CLAUSE IF APPLICABLE

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Use of Roads

(a) The Contractor is authorized to use roads that are listed as access to this project.

Restrictions or Requirements See Road Rules Maintenance Required

If the Contractor requests use of a National Forest road or segment not designated for use, the Forest Service may authorize such use if not in conflict with the current Road Rules Document. Authorization to use such additional roads may include maintenance requirements and use limitations.

The roads authorized for use are subject to the following provisions:

1. The Road Rules in the current Siuslaw, Willamette, Mt. Hood, Deschutes and Umpqua National Forest Road Rules Document are applicable to all commercial road users. These documents titles SIUSLAW NATIONAL FOREST ROAD RULES, COMMERCIAL HAULING ROAD RULES MAP (Willamette National Forest), MT. HOOD NATIONAL FOREST ROAD RULES POLICY, DESCHUTES NATIONAL FOREST COMMERCIAL ROAD RULES, and COMMERCIAL ROAD RULES (Umpqua National Forest) are available for inspection at the Willamette and Siuslaw National Forest Supervisor's Offices.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State or Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may otherwise be provided in the contract.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

5. Unless otherwise provided, the Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for its use, unless snowplowing of the road is prohibited below or in the Road Rules Document. On roads where snowplowing is authorized, a permit defining snowplowing requirements is required. The Contractor will be responsible for repair of any damage to the road structure caused by the snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average uncompacted depth of more than 4 inches of snow unless the road has been snowplowed.

CONTROL OF MATERIAL

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A Rights In and Use of Materials: The Contractor may use on the project suitable stone, gravel, or sand encountered in the excavation.

B Excavation: Unclassified.

C Material Sources:

1. Borrow sources, if needed, must be approved in advance by the Contracting Officer. Such borrow sources shall be restored to a natural appearance.

2. Native timber material used in construction shall not be taken within sight of any road or trail. Stumps resulting from tree cutting shall be no more than six (6) inches in height. All debris resulting from preparation of the native timber for use, shall be scattered not more than four (4) inches in depth and out of meadows, stream courses, lakes and ponds.

3. Rocks and mineral soil excavated within the normal excavation shall be conserved and used as needed.

D Storage and Stockpiling of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

E Local Disposal Sites: Designated disposal sites for this project are shown on the Plans.

F Earthwork Tolerances: Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

CONSTRUCTION STAKES, LINES, AND GRADES

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(a) Portions of the project to be constructed will be staked by the Forest Service.

(b) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Plans or stated in the specifications. This work is incidental to the pay items.

(c) If any construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the Engineer. If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(d) In case of any construction changes, the Contractor shall cooperate with the Engineer and facilitate the prompt reestablishment of the field control for the adjusted work.

(e) For this project, the existing trail denotes the centerline of the trail to be reconstructed.

(f) The Engineer will mark the beginning and end of bridges with wire flags and/or flagging. These stakes constitute the field control from which the Contractor shall execute work.

(End of clause)

PROSECUTION OF WORK

STANDARD CLAUSE, MODIFY AS NEEDED

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(a) Construction activity shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(c) Blasting is not allowed on this project.

(d) The use of mechanized equipment such as power saws, power rock drills, motorcycles, and bicycles, is prohibited within the wilderness.

(e) Written permission from the District Ranger, through the Contracting Officer is required for use of wheelbarrows and deer carts.

(f) Motorized trail construction equipment, with a wheel base less than 40 inches may be used on this project. Operation of all equipment shall be confined to the limits of the trail way, except where specifically authorized by the Engineer. Motorized equipment can be used only for the transportation of construction materials.

(g) Instream activities are not allowed on this project.

(End of clause)

PROTECTION OF IMPROVEMENTS

STANDARD CLAUSE, IF APPLICABLE

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Unless otherwise agreed to in writing, Contractor shall remove the existing traffic signs within the work area and reinstall to their approximate existing locations.

SANITATION REQUIREMENTS

STANDARD CLAUSE, IF APPLICABLE

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Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in road construction or in removing timber under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

STATE PERMITS

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Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the nonapplicability of PUC requirements.

FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the trail construction, all stakes, old culverts, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

PROTECTION OF CULTURAL RESOURCES

STANDARD CLAUSE,

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect <> all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.

PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

NONE

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

COSTING OF CLAIMS OR MODIFICATIONS

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The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being costed, or of similar equipment. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

ORDER OF PRECEDENCE--CONSTRUCTION

STANDARD CLAUSE – CO TO MOVE TO SECTION I

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

(1) The Schedule (excluding the specifications), i.e., Sections A, B, D, E, F, G, and H.

(2) Representations and other instructions, i.e., Sections K, L, and M.

(3) Contract clauses, i.e., Section I.

(4) Other documents, exhibits, and attachments (excluding plans or drawings), i.e., Section J.

(5) Supplemental Specifications.

(6) Standard Specifications, i.e., Section C (including FAR clauses).

(7) (a) Plans, figured dimensions over scaled dimensions.

(b) Plans, large scale contract plans over small scale contract plans.

(c) Schedules on contract plans over any conflicting notations on contract plans.

(8) Shop drawings.

(End of clause)

PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

STANDARD CLAUSE

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As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

PAYMENTS FOR INDIRECT ITEMS

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The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with plans, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered indirect to and included in the payment for items shown.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

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There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

(End of clause)

RETURN OF PERFORMANCE AND PAYMENT BONDS

STANDARD CLAUSE

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Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

(End of clause)

PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

STANDARD CLAUSE

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It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

WAGE DETERMINATION DECISION

STANDARD CLAUSE

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The general wage determination applicable to this contract is attached in Section J.

Where rates for "Timber Sale Roads" appear in the Wage Determination Decision, they shall be applicable only to projects identified as "Opted" Timber Sale Roads.

(End of clause)

USE WITH JUSTIFICATION TO CONTRACTING OFFICER

Warranty of Construction FAR 52.246-21 (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause) Alternate I (Apr 1984). If the Government specifies in the contract the use of any equipment by "brand name and model," the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

FAR 52.252-6 -- Authorized Deviations in Clauses (Apr 1984) Use with clauses which are deviations

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(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Agriculture's (USDA) Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause) AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS - Alternate 1 (Feb 2012) - DEVIATION Use in all contracts above the micro-purchase threshold when contracting with a corporation

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(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

(End of Clause)

J.1 LIST OF ATTACHMENTS (AGAR 452.252-70) (FEB 1988)

Sample to use for Trail projects

WAGE RATES

The attached Wage Determination Decision Number_____ with__ modifications shall be applicable to this contract.

Where rates for "Timber Sale Roads" appear in the Wage Determination Decision, they shall be applicable only to projects identified as "Opted" Timber Sale Roads.

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 AWARD DETERMINATION

Award will be made to that offeror (1) whose proposal is technically acceptable and (2) whose technical/cost relationship is the most advantageous to the Government. While cost is secondary to technical, it will be a factor in the award decision. The critical factor in making any cost/technical trade-off is not the spread between the technical scores, but rather what is the significance of that difference. The significance of the spread in scores will be determined on the basis of what that difference might mean in terms of performance and what it would cost the Government to take advantage of it. Awards may not necessarily be made to that offeror submitting the lowest offer. Also, award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and to the advantage of the Government.

Proposals will be rated to determine those offerors which are within the competitive range, price and other factors considered. Proposals should be submitted initially on the most favorable terms which the offeror can make to the Government. The Government reserves the right to reject any or all proposals or to make award without conducting discussions. Discussions (oral or written) may be conducted as appropriate with all offerors considered to be within the competitive range. For the purpose of this solicitation, discussion shall not be considered to have been initiated where the Government requests additional information supplementing or clarifying a proposal without materially changing it. Discussion shall be considered to be open negotiation with an offeror for the purpose of modifying or materially changing the proposal as submitted. Where discussions are held with one offeror within the competitive range, they will be held with all offerors within the competitive range.

Each proposal received will be carefully considered and all information submitted will be kept in strict confidence within legal constraints. This request for proposals does not commit the Government to pay any costs incurred in the preparation of the submission of proposals.

(End of provision)

M.2 EVALUATION CRITERIA (NOT APPLICABLE IF USING 8(a) SOLE SOURCE CONTRACT)

Each offeror’s technical and cost proposal will be evaluated according to the criteria specified in Section M, as outlined below. Evaluation of past performance will be conducted in accordance with FAR Subpart 15.3. The proposal evaluation will be weighted and scored as follows, based on a 100-point scale:

1. Past Performance – 50 points

Subfactors:

Quality of Workmanship – 20 points Customer Satisfaction – 15 points Timeliness of Performance – 15 points

2. Experience of the Firm and Key Personnel – 30 points

Experience that is indicative of:

Relevant technical knowledge.

Ability to perform the work and availability of key personnel.

Business Performance Statement (i.e., relationships and cooperation with customers, coordination of subcontractors, identification and resolution of problems, and concern for customer interest).

Safety of employees and third parties.

3. Timeline – 20 points

4. PAYCO, NFP, JIW INFORMATION – XX POINTS

Realism of proposed completion schedule to meet proposed Contract Performance Period – 15 points.

Proposed Performance period that is less than proposed in the solicitation – 5 points.

Evaluation of Price Proposals: No weight will be applied to price. Price is approximately equal in importance to the technical evaluation factors. As the difference between technical scoring decreases, price will increase in relative importance.

The following 3 pages are provided for the offeror’s use in submitting their proposal.

(End of provision)

1. Contractor's Past Performance History – 50 points

Provide a listing of your projects for the past three-year period which most closely relate to this type of work. Include the dates of performance, the company name, the name of contact person, and their telephone number.