AG-0116-S-12-0088_fbo.pdf

����������� ��./00�/�01�

�( �.2�120��0 ��/����/ /�0/����

�0�

�������� $"%%'("3" ��",,*4� *)*%%*5��"' $* " &*�" 5�6"$*%+�*5��*�"7','$"$'�

����������*� $"%%'("3" ��",,*4� *)*%%*5��"' $* " &*�" 5�6"$*%+�*5��*�"7','$"$'� �8%�9*&$#�' ��������+$%'&$�&�!8,'" &*�:'$��$�*�&� $%"&$#�5%":' (+#�" 5�+8*&')'&"$'� +;

���������+$'!"$*5��"( '$<5*=���*$:** �>���#����" 5�>0��#���#�' &,<5' (�",,��8$'� +;

����������'+�'+�"�$�$",�+!",,�7<+' *++�+*$/"+'5*;��� ��))*%�!<+$�' &,<5*�"�:%'$$* �$*&� '&", ��������8%�8�+",�//�+**�8%�3'+'� ��;�;����+'$*�3'+'$�" 5�8%*/8%�8�+",�&� )*%* &*�"%*� �$ ��������8," *5#�7<$��))*%�%+�"%*�*?8*&$*5�$��3'+'$�$�*�:�%-�+'$*�"$�$�*'%��: �&� 3* '* &* ����0;01�/0.�' �8%�3'+'� ��;�;���,,�' @<'%'*+�%*("%5' (�$�'+�+�,'&'$"$'� ��������!<+$�7*�5'%*&$*5�$��$�*�&� $%"&$' (��))'&*%�//�+**��������0;0��/.��' �8%�3'+'� ��;0;

�������� **�7,�&-��1�7*,�:�)�%�$�*�5"$*�" 5�$'!*�+*$�)�%�%*&*'8$��)��))*%+;

�����./��0123#4203�5.#66�$/781�9/3:03;#14/��

#=#3>? 10284/�20�9304//>������./�9/3:03;#14/�9/380>�85� ;#1>#203@� 1/7028#$6/���&�//�------------------------------------------------�'

#���/#6/>�0::/35�81�038781#6�#1>

85�102�3/AB83/>�85?�$���1�0::/3�7B#3#12//�������

4���66�0::/35�#3/�5B$C/42�20�2./�&�'�=03D�3/AB83/;/125?�#1>�&�'�02./3�930E858015�#1>�46#B5/5�81403903#2/>�81�2./�5068482#2801�81�:B66�2/(2�03�$@�3/:/3/14/�������

:�2.85�85�#�5/#6/>�$8>�5068482#2801?�0::/35�=866�$/�9B$6846@�09/1/>�#2�2.#2�28;/����/#6/>�/1E/609/5�4012#81817�0::/35�5.#66�$/�

;#3D/>�20�5.0=�2./�0::/303F5�1#;/�#1>�#>>3/55?�2./�5068482#2801�1B;$/3?�#1>�2./�>#2/�#1>�28;/�0::/35�#3/�>B/�

>�� ::/35�930E8>817�6/55�2.#1

���� �0���4#6/1>#3�>#@5�#1>�40;96/2/�82�=82.81�---------------- ---------------- 4#6/1>#3�>#@5�#:2/3�3/4/8E817

����0;0��/��

��2�.20��0

�������)G)�G���G ���

4098/5�20�9/3:03;�2./�=03D�3/AB83/>�#3/�>B/�#2�2./�96#4/�59/48:8/>�81�

2/;���$@�------------- �------------------- �$� ���604#6�28;/

4#6/1>#3�>#@5�:03��0E/31;/12�#44/92#14/�#:2/3�2./�>#2/�0::/35�#3/�>B/�=866�102�$/�40158>/3/>�#1>�=866�$/�3/C/42/>�������-----------------�

�"������&�/E���G��' �3/5438$/>�$@����

�'�� �� �G�&>'

�����./�0::/303�#73//5�20�9/3:03;�2./�=03D�3/AB83/>�#2�2./�9384/5�59/48:8/>�$/60=�81�523842�#4403>#14/�=82.�2./�2/3;5�0:�2.85�5068482#2801?�8:�2.85�0::/3�85�#44/92/>

$@�2./��0E/31;/12�81�=382817�=82.81�--------------------�4#6/1>#3�>#@5�#:2/3�2./�>#2/�0::/35�#3/�>B/����������

�����./�0::/303�#73//5�20�:B3185.�#1@�3/AB83/>�9/3:03;#14/�#1>�9#@;/12�$01>5�

0��#������ ��2�

������� �)4��

3�2���%����

����������3 4��� '5 '6 �--����7��

3�2���%���

������� )4������ �$���� �� �4������

0����

����2�� #��0 ��2�����

�)��������� )�&4' ������������ &4'

�"������&��*���G��'����, �� $' <*5;;;

�0�

AG-0116-S-12-0088

Solicitation�AG�0116�S�12�0088� � � Starrigavan�Valley�Deferred�Maintenance�&�� Watershed�Rehabilitation� � p.�3�of�28�

Section B Supplies or Services and Prices/Costs

ITEM NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

Starrigavan�Valley�Deferred�Maintenance�&�Watershed�Rehabilitation�

001� BASE�WORK�� 1� JOB� $__________� $__________�

� as�described�in�Section�C�and�other�� � sections�of�this�contract�along�with�� � drawings�and�specifications.�

PAY�ITEMS.��The�below�listed�pay�items�are�established�for�the�purpose�of�progress�payments�under�the� contract�clause�at�FAR�52.232�5�Payments�Under�Fixed�Price�Construction�Contracts.��The�sum�of�the�pay� item�amounts�shall�not�exceed�the�line�item�amount�above.� 15101�Mobilization�(CQ)�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� LS� $_________� $_________�

15701�Soil�Erosion�Control�(CQ)�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� LS� $_________� $_________�

15702�Dewatering�(CQ)�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� LS� $_________� $_________�

20301�Removal�and�Disposal�of�Native�Log�Culvert�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� EA� $________� $________�

20352�Removal�and�Disposal�of�Corrugated�Metal�Culverts���

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 3� EA� $________� $________�

20401C�Pond�Excavation,�Sort�and�Stockpile,�(4)�Existing�and�(2)�New�(CQ)��

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� LS� $________� $________�

25101�Placed�Rock�Rip�Rap�Obstructions� �

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 10� EA� $________� $________�

30305�Trail�Reconstruction:��Existing�Road�Bed�Reconditioning,�6000�LF�of�� Base�Bid�Work�Area�1,�Compact�–�Method�B�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1� LS� $________� $________�

32201�B�Trail�Reconstruction:��9”�excavated�aggregate�lift,�place,�spread,� compact�–�Method�B�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 6000� LF� $________� $________�

32201�B�Trail�Reconstruction,�6000�LF�of�3”�Surface�Course�C�1�Crushed� Aggregate,�Purchase,�Deliver,�Place,�Spread�and�Compact�–�Method�B�(CQ)�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 600� CY� $________� $________�

60201�18�Install�Government�Furnished�18”�Corrugated�Metal�Culvert� �

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 15� LF� $________� $________�

Watershed�Rehabilitation� � p.�4�of�28�

ITEM NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

60201�48�Install�Contractor�Furnished�48”�Corrugated�Metal�Culvert�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 30� LF� $________� $________�

60201�96Install�Contractor�Furnished�96”�Corrugated�Metal�Culvert�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 15� LF� $________� $________�

Note�1:��Payment�for�bond�premiums�shall�not�be�in�addition�to�contract�price.��The�Contractor�shall� include�bond�premiums�in�pay�item�15101�Mobilization.�� Note�2:��The�quantities�shown�above�are�approximate�unless�designated�as�a�contract�quantity�(CQ).�� 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.��See�FP�03�§109.05.�

101� OPTION�1� 1� JOB� $__________� $__________�

� as�described�in�Section�C�and�other�� � sections�of�this�contract�along�with�� � drawings�and�specifications.�

PAY�ITEMS.���

30305�1�Select�Spot�Treatment�and�Trail�Maintenance:�Spread�and�compact�–� Method�B�

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 1500� LF� $________� $________�

102� OPTION�2� 1� JOB� $__________� $__________�

� as�described�in�Section�C�and�other�� � sections�of�this�contract�along�with�� � drawings�and�specifications.�

PAY�ITEMS.���

32201�2�Gravel�parking�Lot�Recondition�and�Resurfacing:�Existing�surface� reconditioning,�Purchase,�Deliver,�Place,�Spread�and�Compact�–�� Method�B�–�6”�C�1�Crushed��

� QTY� UNIT� UNIT�PRICE� AMOUNT�

� 8000� SF� $________� $________�

Watershed�Rehabilitation� � p.�5�of�28�

Section C Description/Specifications/Statement of Work

C.1. Project Scope

(a) Intent. The intent of this contract is to provide for the complete construction of the project described in the contract with its attachments. Unless otherwise provided, the contractor is to furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in reasonably close conformity with the drawings and specifications, and in accordance with the provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Section B.

All other work and materials will be considered as incidental to and included in the payment for items shown.

(b) Summary Work Description. This project involves the following work—

(1) Upgrade of existing Starrigavan Valley Trail System. Specific work contained within the item scope includes, but is not limited to, the following—

(i) The reconditioning of 6000 lineal feet of an existing 10 foot wide trail system. Work to include the placing, compacting, sloping, shaping and finishing of a 12 inch crushed aggregate lift over the existing trail surface.

(ii) Removal and disposal of an existing log culvert.

(iii) Delivery and installation of a 96” diameter corrugated metal culvert.

(iv) Installation of multiple trail shoulder impediments at specified locations.

(2) The rehabilitation and restoration of specific aspects of the Starrigavan Valley Watershed. Specific work contained within the item scope includes, but is not limited to, the following—

(i) The excavation and reconstruction of (4) existing Coho rearing ponds.

(ii) Construction of (2) additional 1/8 acre x 7’ deep Coho rearing ponds.

(iii) Removal and disposal of (2) 24” corrugated metal culverts.

(iv) Delivery and installation of (2) 48” corrugated metal culverts.

(v) Installation of (1) government furnished 18” corrugated metal culvert.

(3) Option 1. Trail maintenance and spot treatment at specific locations over an additional 3,000 lineal feet length of existing 6’ wide trail. Specific work contained within the item scope includes, but is not limited to, the redistribution, placement and compaction of mounded shoulder aggregate in heavily ponded trail lengths.

(4) Option 2. Surface reconditioning and maintenance to an approximate 8000 square foot gravel parking area. Specific work contained within the item scope includes, but is not limited to, the following—

(i) The surface preparation and grading of an 8000 square foot compacted gravel surface.

(ii) Deliver, place and compact a 6 inch aggregate surface course over the

(b) Project Location. The proposed work is located on the Starrigavan Valley ATV Trail System. The Starrigavan Valley ATV Trail system trail head is located approximately 7 miles North of downtown Sitka, Alaska on Baranof Island. The trail system can be accessed via road from the community of Sitka. The community of Sitka, Alaska is located on the west side of Baranof Island and is part of Southeast Alaska’s Alexander Archipelago. Sitka cannot be accessed via road by any other community. Passenger transportation services to Sitka include both marine and air travel. Commercial marine and air transport companies service the community with shipped goods and equipment regularly.

C.2. 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

Watershed�Rehabilitation� � p.�6�of�28� 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.3. Best Management Practices The Best Management Practices (BMPs) of FSH 2509.22 Soil and Water Conservation Handbook, Amendment R-10 2509.22-2006-2 dated July 14, 2006, are incorporated by reference. The BMPs rank below specifications in the order of precedence clause(s) of this contract.

Watershed�Rehabilitation� � p.�7�of�28�

Section D Packaging and Marking

D.1. Project Labeling for Official 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.

Watershed�Rehabilitation� � p.�8�of�28�

Section E Inspection and Acceptance

E.1. Federal Acquisition Regulation (FAR) (48 C.F.R.) Clauses

FAR Clause Title and Date 52.246-12 Inspection of Construction (AUG 1996)

Watershed�Rehabilitation� � p.�9�of�28�

Section F Deliveries or Performance

F.1. Federal Acquisition Regulation (FAR) (48 C.F.R. 48) Clauses

52.242-14 Suspension of Work (APR 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) fill-ins: 10, September�30,�2013 Alternate I (APR 1984) fill-in: February�28,�2013 52.211-18 Variation in Estimated Quantities (APR 1984)

F.2. Effect of Option Exercise on Period of Performance If the Government exercises an option item amenable to the contract clause at FAR 52.217-7 Option for Increased Quantity—Separately Price Line Items, the end date of the period of performance as shown in 52.211-10 above shall— [ X ] remain unchanged.

[ ] be extended to N/A.

Watershed�Rehabilitation� � p.�10�of�28�

Section G Contract Administration Data

G.1. Submission of Invoices

(a) This clause supplements the contract clause at FAR 52.232-27, Prompt Payment for Construction Contracts.

(b) The designated billing office is Tongass�National�Forest,�Attn:�Contracts,�648�Mission�St,�Ketchikan�

AK�99901.

(c) Paper invoices are contemplated. If the Contractor chooses to submit a facsimile or e-mail invoice, the Government will not be responsible for any failure attributable to the transmission of receipt of the invoice including, but not limited to—

(1) Receipt of garbled or incomplete invoice.

(2) Availability or condition of the receiving facsimile equipment or e-mail system or account.

(3) Incompatibility between the sending and receiving equipment or systems.

(4) Delay in transmission or receipt of invoice.

(5) Failure of the Contractor to properly identify the invoice.

(6) Absence or unavailability of the person to whose attention or account the facsimile or e-mail is sent.

G.2. Utility Services

(a) This clause supplements the contract clause at FAR 52.236-14, Availability and Use of Utility Services.

(b) The following utility services are available at the work site: None.

G.3. Prework or Preconstruction Conference

(a) This clause supplements the contract clause at FAR 52.236-26, Preconstruction Conference.

(b) The location for the preconstruction conference is: Sitka,�Alaska.

G.4. Progress Payments

(a) This clause supplements the contract clause at FAR 52.232-5, Payments Under Fixed- Price Construction Contracts.

(b) Progress payments [X] will [X] will not be made more frequently than monthly.�

(c) In the preparation of estimated for progress payments, material delivered to the Contractor at locations other than the work site [X] will [X] will not be considered.

Watershed�Rehabilitation� � p.�11�of�28�

Section H Special Contract Requirements

H.1. Reserved.

H.2. Order of Precedence—Drawings and Specifications

(a) This clause supplements the clause at FAR 52.214-29 Order of Precedence—Sealed Bidding or FAR 52.215-8 Order of Precedence—Uniform Contract Format, if included in this solicitation or contract.

(b) The Contractor shall promptly notify the Contracting Officer in writing upon discovering inconsistencies in this contract and its attachments, and its planned approach to dealing with those inconsistencies.

(c) Drawings.

(1) Figured dimensions generally have precedence over scaled dimensions.

(2) Large-scale contract drawings generally have precedence over small-scale contract drawings.

(3) Schedules on contract drawings generally have precedence over any conflicting notations on contract drawings.

(d) Specifications. Special, supplemental, or project specifications generally have precedence over standard specifications.

H.3. Landscape Preservation

(a) The Contractor shall—

(1) Confine operations to within the clearing limits or other areas designated in contract documents; prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits; and, unless otherwise agreed to by the Contracting Officer, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the Contracting Officer.

(2) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.); and install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

(3) Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier; and comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil.

(4) Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the appropriate State of Alaska and federal Agencies, including—

(i) DNR – Alaska Department of Natural Resources.

(ii) ADEC – Alaska Department of Environmental Conservation.

(iii) ADGC – Alaska Department of Governmental Coordination.

(iv) EPA – US Environmental Protection Agency.

(v) DA, COE – US Army Corps of Engineers.

(vi) USCG – US Coast Guard.

(b) The Contractor shall not—

(1) Discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto; or allow wash water or waste water from concrete or aggregate operations to enter live streams 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.

(2) Discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Watershed�Rehabilitation� � p.�12�of�28�

(3) Operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) Creek Crossings. The Contractor shall schedule and conduct bridge and instream work to minimize disturbance to streams.

(1) The Contractor shall—

(i) Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before creek crossing is planned. Two machine crossings will be permitted between July�18 and August�15 for all streams designated on the drawings as fish streams.

Outside of this time period, no machine crossings will be permitted if fish eggs are present in the gravel or adult fish are present in the stream; otherwise, two machine crossings will be permitted.

(ii) Limit machine crossings to two times for all live streams not designated on the drawings as fish streams with pipes 48” and larger to be installed.

(2) The Contractor shall not—

(i) Cross streams without Contracting Officer approval.

(ii) Leave temporary bridges in place between September�15 and March�15, unless approved in advance in writing by the Contracting Officer.

H.4. Use of Premises

(a) The Contractor shall 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 AS�SHOWN�ON�THE�DRAWINGS.

A camp is interpreted to include the campsite or trailer parking area of any employee or subcontractor working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities. The Contractor shall provide and maintain the following facilities for the work force at the camp, unless provided otherwise in this contract.

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

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

(3) Solid waste systems, the design, operation, and maintenance of which meet all federal, state, and local requirements, and 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. The Contractor shall remove solid wastes and/or residues and dispose of in approved commercial landfills.

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

(c) The Contractor shall not begin any camp development, either land-based or floating, until it has submitted a plan for development, occupation, and cleanup and obtained approval of the plan from the Contracting Officer. The plan shall include—

(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.

Watershed�Rehabilitation� � p.�13�of�28�

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

(12) Incinerator location and ash disposal plan.

H.5. 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. The Contractor shall submit written requests to the Contracting Officer 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 Supplemental Specifications § 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. The Contractor shall 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.

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

H.6. Road Maintenance Requirements

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

(1) 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.

(2) 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.

(b) The Contractor shall deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H.7. 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.

Watershed�Rehabilitation� � p.�14�of�28�

(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� Kind�of�Tool� 1�4 5�9 10�15� 16�20� Axe,�d.b�chopping,�32�inch�min.�handle 1 1 2 3� Shovels,�L.H.�R.P.,�No.�0�or�larger����� 1 3 6 7� Pulaski,�32�inch�min.�handle������������ 2 3 7 10� File,�10�inch�mill�bastard�������������� 1 1 1 2� Pumps,�backpack�cans,�5�gal�filled�with�water����� 1 2 2 3�

(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.8. Construction Stakes, Lines, and Grades Contractor's Responsibilities—

(a) Perform all construction staking in accordance with the requirements of Specifications § 152 except for the following item(s):

The�Government�will�mark�the�clearing�limits�around�rock�borrow�sources�on�National�Forest�Land.�

Watershed�Rehabilitation� � p.�15�of�28�

(b) Perform all construction staking and grade establishment, except for the following item(s):

The�Government�will�provide�initial�centerline�and�reference�controls�to�establish�road�alignment�and� timber�structures.�Additional�staking�required�by,�and�installed�by,�the�Contractor�will�be�incidental�to� the�construction�of�the�pay�item.�

H.9. Prosecution of Work

(a) Areas of weak ground are crossed on this project. The initial embankment depth shall be as SHOWN ON THE DRAWINGS or determined by the Contracting Officer. The Contractor shall re-establish design centerline grade and alignment in accordance with Specifications § 152 as construction progresses, and prior to the placement of borrow excavation. Re-established design grades may be re-staked by the Contracting Officer to meet local conditions.

Final grades may be at elevations other than those SHOWN ON THE DRAWINGS, but in no instance will they be lower than that of the surrounding ground elevations. When directed by the Contracting Officer, the Contractor shall return to previously-constructed road or trail embankments and place additional borrow material where subsidence has occurred as a result of construction traffic displacing unstable or weak soil underlying the roadway.

(b) Linear Grading reflects estimated borow excavation volumes, based on previous designs including additional material for anticipated subsidence. The estimated quantities may vary locally depending on extent of subsidence or the condition of the existing road (ground for trail). Payment for additional material placed in areas of subsidence is included in the appropriate Borrow Excavation pay item in the Schedule of Items.

H.10. 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 § 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 § 201, 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.11. Local Material Sources

(a) Designated rock sources for this project are shown on sheets 2 & 3 of the Drawings. A portion of the material excavated from Existing Coho Rearing Ponds may be suitable for use in road rehabilitaion. No other Government material sources will be provided; use of some commercially-produced aggregate material is expected.

(b) The Contractor shall submit a development plan to the Contracting Officer for approval prior to commencing any development activities.

Watershed�Rehabilitation� � p.�16�of�28�

Section I Contract Clauses

I.1. Federal Acquisition Regulation (FAR) (48 C.F.R.) Clauses

52.202-1 Definitions (JAN 2012) 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)

52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) 52.203-14 Display of Hotline Poster(s) (DEC 2007) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011) 52.204-7 Central Contractor Registration (FEB 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.215-2 Audits and Records—Negotiation (OCT 2010) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data—Modifications (OCT 2010) 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989) fill-in: March�31,�2013 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation

(JUL 2005)

52.222-5 Davis-Bacon Act—Secondary Site of the Work (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) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (JAN 2009)

Watershed�Rehabilitation� � p.�17�of�28�

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (MAY 2012)

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) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.225-9 Buy American Act—Construction Materials (SEP 2010)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (see FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None.�

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act

Watershed�Rehabilitation� � p.�18�of�28� is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign�and�Domestic�Construction�Materials�Price�Comparison� Construction�Material�Description�� Unit�of�Measure�� Quantity�� Price�(Dollars)1�� Item�1:�� ��� ��� ��� � Foreign�construction�material�� _______�� _______�� _______�� � Domestic�construction�material�� _______�� _______�� _______�� Item�2:�� _______�� _______�� _______�� � Foreign�construction�material�� _______�� _______�� _______�� � Domestic�construction�material�� ��� ��� �� 1Include�all�delivery�costs�to�the�construction�site�and�any�applicable�duty�(whether�or�not�a�duty� free�entry�certificate�is�issued).� List�name,�address,�telephone�number,�and�contact�for�suppliers�surveyed.�Attach�copy�of� response;�if�oral,�attach�summary.� Include�other�applicable�supporting�information.�

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)

Watershed�Rehabilitation� � p.�19�of�28�

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) 52.232-17 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.243-6 Change Order Accounting (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2012) 52.245-1 Government Property (APR 2012)� 52.245-2 Government Property Installation Operation Services (APR 2012)�� fill-in: a�single�18”�×�20’�corrugated�metal�culvert�at�or�near�the�work�site 52.245-9 Use and Charges (APR 2012)�� 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering—Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 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):

http://www.acquisition.gov/far,�http://www.dm.usda.gov/procurement/policy/agar.html

52.253-1 Computer Generated Forms (JAN 1991)

Watershed�Rehabilitation� � p.�20�of�28�

I.2. Agriculture Acquisition Regulation (FAR) (48 C.F.R.) Clauses AGAR Clause Title and Date 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For

Corporate Applicants (FEB 2012), Alternate 1 (FEB 2012)

(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.

452.228-70 Alternative Forms of Security (NOV 1996) If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to USDA�Forest�Service.

452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

Watershed�Rehabilitation� � p.�21�of�28�

Section J List of Attachments

Attachment Title Pages

1 Wage Determination 14

AK120001 06/29/2012 AK1

2 Forest Service Supplemental Specification 48 July 3, 2012

3 Drawings 7 July 3, 2012

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, SECTIONS K, L, AND M,

WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER

CONTRACT AWARD. HOWEVER, SECTION K WILL BE INCORPORATED BY REFERENCE

INTO THE RESULTING CONTRACT.

"The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.”

Watershed�Rehabilitation� � p.�22�of�28�

Section K Representations, Certifications, and Other Statements of Offerors or Respondents

K.1. Federal Acquisition Regulation (FAR) (48 C.F.R.) Provisions

FAR Provision Title and Date 52.203-11 Certifications and Disclosure Regarding Payments to Influence Certain

Federal Transactions (SEP 2007) 52.204-8 Annual Representations and Certifications (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5�Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a…