POW_Bridge_solicitation.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0109-S-14-0009

2. TYPE OF SOLICITATION

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SEALED BID (IFB)

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NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service

ALASKA REGION, Regional Office

709 W 9th Street, RM 561D

Juneau, AK 99801 USDA Forest Service

ALASKA REGION, Regional Office

709 W 9th Street, RM 561D

Juneau, AK 99801

9. FOR INFORMATION

CALL:

A. NAME

Della Koelling B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 907-586-8852 dkoelling@fs.fed.us

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Tongass National Forest Service POW Bridge Removal

This acquisition is 100% Small Business Set-Aside. The estimated price range, in accordance with FAR 36.204, is between $150,000 and $250,000. This project is subject to the Davis-Bacon Act.

Responses may be submitted by one of the following methods: mail to address in Block 7 of SF 1442; or email: dkoelling@fs.fed.us.

11. The Contractor shall begin performance within 15 calendar days and complete it within 121 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

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

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

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YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and two (2) copies to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time May 27, 2014 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

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is, FORMCHECKBOX is not required.

C.

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

D.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

26. ADMINISTERED BY

CODE

USDA, Forest Service

ALASKA REGION, Regional Office

709 W 9th Street, RM 561D

Juneau, AK 99801 www.ipp.gov INVOICE PROCESSING PLATFORM – IPP ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY THROUGH THE INVOICE PROCESSING PLATFORM IPP VIA

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B—CONSTRUCTION – Prices

SCHEDULE OF ITEMS

Note 1: Payment for bond premiums shall not be in addition to contract price. The Contractor shall include bond premiums in CLIN 001 under pay item 151(01) Mobilization.

Note 2: The quantities shown above are approximate unless designated as a lump sum quantity (LS). The Contractor shall limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized. Additional Offeror Information Offeror:

Phone No:

Point of Contact Name:

Fax No.:

TIN No.:

DUNS No:

Email:

Offeror Signature:

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1.PROJECT SCOPE

(a) The intent of the contract is to relocate large bridges and perform road maintenance and minor construction activities. Prospective Bidders are strongly urged to visit all work sites prior to bidding. Work includes;

1. Installing and removing a temporary crossing at MP 0.32 of Rd. 2024100 (this work is to facilitate the removal of another bridge). A Government furnished thirty foot Glulam bridge is available in the Thorne Bay Sort yard if the successful bidder chooses to use it for this crossing. Other methods proposed will be considered.

2. Removing and transporting one ninety foot steel modular bridge (Hamilton). The Bridge will be transported to the Rowan Bay Sort Yard on Kuiu Island. Road and Barge transport will be necessary. The contractor shall abide by any load restrictions along the haul route.

3. Removing and transporting one ninety one foot steel modular bridge (Modular Bridge Systems). All untreated wooden components of this bridge deck are rotten and become property of the Contractor and require disposal off the National Forest. The Bridge will be transported to the Thorne Bay Sort Yard approximately twenty miles from its current location. The contractor shall abide by any load restrictions along the haul route. After bridge removal is accomplished place two Government furnished sill logs and two bridge stringer logs as staked. Seeding and fertilizing are required on all disturbed soils and are incidental to road maintenance activities.

4. Roadway Reconditioning, FSRD 3005000. This work includes ditch reconditioning, shoulder reconditioning, road bed reconditioning and aggregate surface reconditioning.

5. Road Storage, FSRD 3005200. This work includes, removal of drainage structures (some of these are deep fill culverts, cleaning of catch basins, ditch cleaning, construction of ditch blocks and end hauling waste material. Seeding and fertilizing are required on all disturbed soils and are incidental to road storage and maintenance activities.

6. The Contractor shall install a traffic barrier constructed of Class 5/6 Riprap as staked at both bridge sites. (Riprap is available at the bridge sites).

7. Fill Slopes on the bridge approaches shall be excavated at 1V:3H ratio, beginning at the top of the sills.

8. The Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and perform all work required to maintain the facilities in accordance with the attached typical drawings, supplemental specifications and parent specifications.

(b) Finished slopes into excavated structure sites will follow the lines shown on the attached drawings.

(c) An Erosion Control Plan will be required prior to ground disturbing activities. Refer to the supplemental specifications for details.

(d) In-stream timing restrictions are included in the contract for work in streams with fish populations. Refer to Section H for times and locations where this will affect work scheduling.

(e) The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

(f) 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 as incidental to and included in the payment for items shown.

C.2. Description and Location

The Hamilton Bridge is located on the Craig Ranger District Near the community of Hollis, at mile post 0.34 on Road 2024100. The Craig Ranger District is located on Prince Of Wales Island in southeast Alaska.

The Modular Bridge Systems Bridge is located at mile post 2.78 on FSRD 3005000 (this road is a Gated Closed road) and will require prior scheduling to access the Bridge and road storage work items. This road is on the Thorne Bay Ranger District on Prince of Wales Island in Southeast Alaska. This Bridge has traffic/load restrictions, successful Bidder should evaluate and use at their own risk. The Cutthroat Creek Bridge 3005000_2.78 is a single span fracture critical bridge. It consists of a twin welded plate girder superstructure measuring 91 feet in length with an 18 foot deck width. The deck consists of treated timber structural lumber supported by 8”x10” timbers that rest on the main support beams. Each end of the bridge is supported by a concrete footing resting on a mechanically placed rock embankment. The 6’-1” girders have interior and exterior welded vertical stiffeners at the bearings and internal stiffeners at the diaphragms. The girders are tied together with transverse angle steel cross brace diaphragms that are field bolted to the web stiffeners. Both abutments have treated timber back walls and wing walls.

C.3. Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03

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

(b) FLH Standard Specifications (FP-03) can be obtained from the Federal Highway Administration Home Page on the Internet. It is in electronic format at— http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

Or for purchase online at— http://bookstore.gpo.gov/

(c) This contract contains a supplemental specification to FP-03. FP-03 and the supplemental specification must be read in conjunction with each other.

C.4 AGAR 452.211-72 Statement of Work/Specifications (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.

C.5 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.

SECTION D – PACKAGING AND MARKING

D. 1 PROJECT LABELING for OFFICAL CORRESPONDENCE The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within _10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2014 . The time stated for completion shall include final cleanup of the premises.

Estimated date of the Notice to Proceed is June 01, 2014.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1. AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award or pre-work conference with the successful offeror is required. It will be scheduled and held within a reasonable time after award and prior to the issuing of a Notice to Proceed.

G.2. Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

(c) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G.3. Contract Administration

This contract will be administered by the Contracting Officer located at:

Alaska Region, Regional Office

Attn: CO_Della Koelling PO Box 21628

Juneau, AK 99802-1628.

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.4. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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 of 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.

Contractor’s Designated Representative It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

G. 5 Public Officials not Personally Liable

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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1. Order of Precedence-- REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) The Schedule (Includes Section H)

(b) Drawings

1.

Drawings, figured dimensions over scaled dimensions

2.

Drawings, large scale contract drawings over small scale contract drawings

3.

Schedules on contract drawings over any conflicting notations on contract drawings.

4.

Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

(c) Special Project Specifications (Latest date highest precedence)

1.

Tongass NF. Special Project Specifications

2.

Region 10 Special Project Specifications

(d) Standard Specifications

(e) R10 and National BMPs

H.2. Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in 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, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(d) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(e) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on Project Area, 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.

(f) 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.

H. 3. Use of Premises

(a) Obtain written approval from the Contracting Officer before opening or operating on National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities. Provide and maintain the following facilities for the work force at the camp, unless provided otherwise—

(1) Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

(2) Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

(3) Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

(4) Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage. Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following informationon this plan—

(1) Location and size of the proposed camp development, including a map.

(2) Wastewater system.

(3) Number of people who will use the site and proposed dates of occupancy.

(4) Power supply system.

(5) Water supply system.

(6) Building layout, shop area, living quarters.

(7) Road and trail layout.

(8) Clearing limits and slash disposal locations.

(9) Borrow areas.

(10) Dock and access location.

(11) Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan.

(12) Incinerator location and ash disposal plan.

(d) The Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H.4. Contractor’s Use and Maintenance of Existing Roads

(a) The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions—

(1) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

(2) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4” of snow unless the road has been snowplowed.

(c) The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H.5. Road Maintenance Requirements

The Contractor shall perform road maintenance work on the required roads in accordance with the following—

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders. Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace material eroded from fill slopes and clean out drainage ditches and culverts subject to the above equipment limitations.

(c) Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H.6. Emergency Control

(a) The Contractor shall immediately extinguish all fires on or in the vicinity of the project which are caused by the Contractor's operations, employees, or subcontractors, whether or not set directly or indirectly as a result of construction operations, with or without direction by the Forest Service, and without expense to the Government. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or subcontractors or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made to the Contractor at rates not less than the current area rates established by the Forest Service.

(c) The Contractor shall provide fire fighting equipment during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer. The Contractor shall—

(1) Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site, as shown in the table below. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

No. of People Working in Area

(2) Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is—

(i) Equipped with a turbine-driven exhaust supercharger such as the turbocharger, with no exhaust bypass;

(ii) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide [Note: A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.];

(iii) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system; or

(iv) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

(3) Properly install and constantly maintain in serviceable condition all exhaust equipment described in this clause, including spark arresters and mufflers.

(4) Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications—

(i) 2-1/2 pound size or larger dry chemical type.

(ii) 4-pound size or larger carbon dioxide type.

(5) Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

(6) Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

(d) The Contractor shall not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. The Contractor shall submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H.7. Disposal of Merchantable Timber

(a) All timber meeting Forest Service merchantability standards logged during prosecution of this contract remains the property of the Government.

(b) The Contractor shall deck logs in the immediate vicinity in accordance with Section 201 of the specifications, and shall buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards—

(1) The Minimum merchantable piece shall be 6” in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

(2) Trim allowance shall be a maximum of 12” for log lengths up to 40 foot. An additional 2” of trim shall be allowed for each 10 foot of log length over 40 foot.

(c) The Contractor shall use humbolt undercut in felling merchantable timber, and shall buck all limbs flush with merchantable logs.

(d) All dead trees which are sufficiently tall to reach the roadbed are designated for cutting. The Contractor shall fell other fire-dangerous dead trees or unstable live trees within 200-foot slope-distance of the center line of the road, when marked by the Forest Service. The Contractor shall treat all timber under this subsection meeting utilization standards in accordance with specifications Section201, Subsection 201.04, unless relieved in writing.

(e) The Contractor may cut and use timber designated by the Contracting Officer for construction without charge.

H.8. Local Material Sources

No borrow material sources are identified for this project. The Contractor shall supply all needed materials, except that rock borrow used on the project may be existing road rock salvaged during construction activities.

H.9. Stream Crossings

(a) The Contractor shall schedule and conduct in-stream work to minimize disturbance to streams. The Contractor shall not cross streams without Contracting Officer approval. The Contractor shall submit a written crossing plan to the Contracting Officer for approval 14 calendar days before stream crossing is planned.

(b) Timing Windows shown in the table below are allowable times for in-stream activities; no in-stream activity may occur in these streams outside designated windows.

H.10. Signing and Safety

(a) A reflectorized SLOW MOVING VEHICLE emblem shall be attached to any equipment not designed to maintain a safe travel rate or that will be moving at a slow rate while performing maintenance.

(b) It shall be the Contractor’s responsibility to furnish black and orange reflectorized maintenance warning signs to alert motorists of maintenance operations. All signs shall conform to the standards for Temporary Traffic Control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). A minimum of one (1) sign at each end of road sections under construction shall be kept in place at all times and shall be moved as work progresses in accordance with the MUTCD.

(c) If a berm is left in the roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night by Type B High-Intensity Flashing Warning Lights with a minimum mounting height of 36 inches to bottom of lens as required by the Manual of Uniform Traffic Control Devices.

H.11. Damage to Structures

The Contractor shall be held liable and is responsible for any damage caused by Contractor’s personnel or equipment to any bridges, guardrails, culverts, signs, and riprap-protecting culvert inverts. Repair to these structures shall be at the Contractor’s expense and at no additional cost the Government

H.12. Activity Report

The Contractor shall maintain and furnish a Daily Activity Report reporting maintenance activity performed. Reports shall be furnished to Contracting Officer on a weekly basis. A sample form to be used is included in Section J.

H.13. Definitions and Abbreviations

(a) Wherever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

(1) Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Contractor's Representative and are dated.

(2) Base Course - The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms.)

(3) Berm - A curb or dike which controls roadway runoff water, or delineates traffic direction. Berms commonly parallel road centerline; however, on Limited Use Roads may be placed diagonally across the roadbed. (See Illustration of Road Maintenance Terms.)

(4) Channel - A natural waterway leading into or away from a culvert or bridge.

(5) Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

(6) Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

(7) Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment.

(8) Cross ditch - A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline.

(9) Lead-off ditch - A ditch used to remove water from roadside drainage ditches, the roadway, or drainage structures such as culverts and drainage dips.

(10) Ditch - A relatively long narrow excavation placed to collect or disperse water.

(11) Drainage dip - A drainage structure which was previously constructed within the roadbed surface to form a uniform depression which allows routine passage of vehicles while diverting water from the traveled way.

(12) Drainage ditch - A ditch located parallel to and abutting the roadbed. (See Illustration of Road Maintenance Terms.)

(13) Drainage structure - A term identifying man-made devices placed to control water movements.

(14) Drawings - Illustrations showing detailed maintenance required.

(15) Equipment - All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

(16) Excess Material - Material from the roadway excess to that needed for maintenance of roadway.

(17) Fore slope - The slope of the ditch section nearest to the traveled way. (See Illustration of Road Maintenance Terms.)

(18) Government - The Contracting Officer or the duly authorized Contracting Officer's Representative (COR) with authority to sign orders.

(19) Grade - The vertical alignment of the top surface of the road.

(20) Inspector - The Government's authorized representative designated in writing, assigned to make detailed inspections of contract performance, but not to sign orders to the Contractor.

(21) Materials - Any substances specified for use in the performance of the work.

(22) Measurement - Method of determining and expressing the quantities of work.

(23) Nominal Dimensions or Weights - The numerical values shown on the drawings or in the specifications as measurements for the work.

(24) Off Highway Vehicle – A motor vehicle up to 60” wide, 2 or 4 wheel drive, generally used for recreation purposes, generally not licensed for highway operating.

(25) Order - A written order by the Government directing fulfillment of work requirements under the terms of the contract.

(26) Original Contract Quantities - Those estimated quantities shown in the Schedule of Items as awarded.

(27) Patching - Minor repairs.

(28) Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

(29) Reasonably Close Conformity - Means compliance with customary maintenance tolerances where working tolerances are not specified.

(30) Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road.

(31) Roadbed - The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade. (See Illustration of Road Structure Terms.)

(32) Road Listing - A preliminary listing of road locations and any established work priorities.

(33) Roadside - (See Illustrations of Road Structure Terms).

(34) Schedule of Items - Schedule containing a listing and description of maintenance items, quantities, and units of measure, methods of measurement, unit price, and amount.

(35) Shoulder - As used in this contract, the term is restricted to roads having a paved surfacing. (See Illustrations of Road Structure Terms.)

(36) Slough or Slide - Material deposited on the roadway which may need to be repositioned or removed.

(37) Slump - A localized portion of the roadbed which has slipped or otherwise become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

(38) Special Project Specifications - Specifications which detail conditions and requirements peculiar to the individual project.

(39) Standard Specifications - Specifications for specific divisions of work.

(40) Stream - A channel that is at least one foot wide that has evidence of routine periodic or constant flow, may be dry during extended periods of dry weather. Mossy seeps and small springs in the cutbanks are generally not considered streams.

(41) Subgrade - Top surface of roadbed upon which subbase, base course, or surface course was constructed. (See Illustration of Road Structure Terms.)

(42) Traveled Way - The portion of the roadway for the movement of vehicles. For purpose of this contract, traveled way includes turnouts and curve widening. (See Illustration of Road Structure Terms.)

(43) Turnouts - A short auxiliary lane on a one-lane road provided for passage of meeting vehicles.

(44) Unit of Measure - The unit and fractions of units shown in the Schedule of Items.

(45) Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

(46) Waterbar - A deeper type cross ditch which is not intended for passage of traffic.

(47) Work Schedule - The Contractor's current schedule for work progression.

(b) Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows: (Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of Invitation for Bids.)

(1) AASHTO - American Association of State Highway and Transportation Officials.

(2) CS - Commercial Standard Issued by U.S. Department of Commerce.

(3) EPA - Environmental Protection Agency.

(4) FAR - Federal Acquisition Regulation System.

(5) FED SPEC - Federal Specifications.

(6) FSS - Federal Specifications and Standards.

(7) MSHA - Mine Safety Health Administration.

(8) MUTCD - Manual of Uniform Traffic Control Devices.

(9) NBS - National Bureau of Standards.

(10) OSHA - Occupational Safety and Health Act.

(11) PS - Product Standard issued by the U.S. Department of Commerce.

(12) UL - Underwriter's Laboratories, Inc.

(13) OHV – Off highway vehicle

H.14. Quantity Measurement Terms

(a) Measurement under the contract shall be according to the United States standard measure.

(b) The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

(c) Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

(d) Linear mile measurement will mean the sum of the road length parallel to the centerline.

(e) Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (SEP 2013)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222.17 Nondisplacement of Qualified Workers (JAN 2013)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-34 Project Labor Agreement (MAY 2010)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Veterans (SEP 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

52.223-3 Hazardous Material and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.223-19 Compliance with Environmental Management Systems (MAY 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity – Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (OCT 2010)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002)

52.229-7 Taxes - Fixed-Price Contracts with Foreign Governments (FEB 2013)

52.232-17 Interest (OCT 2010)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26…