0116S150011POWRDDrainage_021915.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

Catherine Powell, Contract Specialist

648 Mission St., Ketchikan, AK 99901 Email: crpowell@fs.fed.us Fax: 907-228-6254

CATHERINE POWELL 907-228-6242

1x 02/24/2015

AG-0116-S-15-0011

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

Tongass National Forest

Craig Ranger District

South POW Road Drainage Stabilization

In strict compliance with the specifications and drawings.

This solicitation and resulting contract is subject to the Davis-Bacon Act.

Contact the Contracting Officer, Catherine Powell, for any questions about this solicitation. Questions should be submitted in writing. Email: crpowell@fs.fed.us

Price Range: between $250,000 and $500,000

Fax and/or email proposals are permissible. See Section L for further information.

NOTE: Facsimile or email Bid Guarantees are NOT acceptable. Bid Guarantees must be original.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, FAR 52.211-10

03/31/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

TONGASS NF KETCHIKAN AREA FED BLDG

648 MISSION STREET

KETCHIKAN AK 99901

CATHERINE R. POWELL

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 150

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0116-S-15-0011

FOB: Destination

001 South POW Road Drainage Stabilization

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Project: South POW Road Drainage Stabilization

Solicitation No. AG-0116-S-15-0011 Updated Thru FAC 2005-79

Contract No.

PART I—THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Base Items

ITEM

NO.

DESCRIPTION UNIT EST.

QTY

UNIT PRICE TOTAL

a 15101* Mobilization

Lump Sum

1 $ $ b 20301* Modular bridge removal and repair

Lump Sum

1 $ $ c 20401* Roadway excavation, slide removal

Cubic yard

2,770 $ $ d

20404* Unclassified borrow, compaction method d, finishing method dozer C

Cubic yard

130 $ $ e 20429* End haul

Cubic yard

970 $ $ f 21103b Drivable waterbar treatment

Each 1 $ $ g

30101* Government furnished crushed aggregate, type base, grading C, compaction B

Cubic yard

155 $ $ h 30303* Ditch reconditioning

Lineal foot

2,435 $ $ i 6020118a 18 inch polyethylene culvert, furnish and install

Lineal foot

562 $ $ j 6020124a 24 inch polyethylene culvert, furnish and install

Lineal foot

133 $ $ k 6020148 48 inch corrugated metal pipe, furnish and install

Lineal foot

36 $ $ l 6020172 72 inch corrugated metal pipe, furnish and install

Lineal foot

60 $ $ m 60403 Catch Basin

Each 27 $ $ n 60701 Clean/repair culvert

Each 6 $ $ o 62501* Seeding, dry method (without mulch)

Acre 3.4 $ $ p 80201 Road Storage

Mile 6.0 $ $ q 80202 Road Storage, OHV access

Mile 1.7 $ $ r 80702 Medium sized crawler excavator with operator

Hour 31 $ $

Total Base Items $

Solicitation No. AG-0116-S-15-0011

Option Item One

ITEM

NO.

DESCRIPTION UNIT EST.

QTY

UNIT

PRICE

TOTAL

s 55704a* Glue laminated slab bridge, 40 ft., 2100000

Lump Sum

1 $ $

Total Option Item One $

Option Item Two

ITEM

NO.

DESCRIPTION UNIT EST.

QTY

UNIT

PRICE

TOTAL

t 55704b* Glue laminated slab bridge, 40 ft., 2120000

Lump Sum

1 $ $ u 60701 Clean/repair culvert

Each 2 $ $ v 62501* Seeding and fertilizing Dry method

Acre 0.1 $ $

Total Option Item Two $

Option Item Three

ITEM

NO.

DESCRIPTION UNIT EST.

QTY

UNIT

PRICE

TOTAL

w 20401* Roadway excavation, slide removal

Cubic yard

1,400 $ $ x 6020124a 24” polyethylene culvert, furnish and install

Lineal foot

60 $ $ y

57202na* Log bridge with sills, 40ft. – stringers not adjacent to site

Lump Sum

1 $ $ z 62501* Seeding and fertilizing Dry method

Acre 0.4 $ $

Total Option Item Three $

Option Item Four

ITEM

NO.

DESCRIPTION UNIT EST.

QTY

UNIT

PRICE

TOTAL

aa

6020118b 18” polyethylene culvert, furnish and deliver to Thorne Bay

Lineal foot

1200 $ $ ab

6020124b 24” polyethylene culvert, furnish and deliver to Thorne Bay

Lineal foot

600 $ $

Total Option Item Four $

B.2 Vendor Information Contact Name:

Phone No:

Address:

DUNS No:

Email:

Solicitation No. AG-0116-S-15-0011

B.3 NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Payment will be made only for those items listed on Proposal Schedules. All other work is incidental to these pay items.

*Denotes Contract Quantities Contract Quantity: the quantity to be paid is the quantity shown in the bid schedule. See page 43 109.02 Measurement Terms and Definitions FP-03

Offerors must submit prices for all items included in the price schedule.

Solicitation No. AG-0116-S-15-0011

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 PROJECT SCOPE

(a) The intent of this contract is to provide required road maintenance on National Forest System Roads (NFSR) on Prince of Wales Island in southeast Alaska. The project involves both road repair and road storage work.

(1) A summary of project work includes the following:

(i) Modular bridge removal and repair.

(ii) Slide removal.

(iii) Furnish and/or replace culvert.

(iv) Haul and placement of government furnished aggregate.

(v) Clean ditches.

(vi) Store or stormproof roads.

(vii) Provide a medium sized crawler excavator with operator at an hourly rate.

(viii) Furnish and install Glu-lam slab bridges, option proposal.

(ix) Construct a log stringer bridge, option proposal.

(b) Metal and other manufactured products excavated will become the property of the contractor and disposed of by removing from Government-administered lands and properly disposing of. Included are metal culverts removed and items encountered during ditch cleaning.

(c) The intent of this contract is to provide for the complete construction of the project as described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract.

(d) Payment for work will ONLY be made 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 pay items shown.

C.2 Project Location

(a) The specified roads to be maintained are located on Prince of Wales Island. The project begins approximately 13 miles west of the community of Hollis on NFSR 2025000.

C.3 Price Range

(a) Between $250,000 and $500,000

C.4 Specifications

(a) D.O.T. FHA STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS FP-03 U.S. Customary Units

(b) BEST MANAGEMENT PRACTICES BMP’S Soil and Water Conservation Handbook

FSH 2509.22

(1) Are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

(2) FLH Standard Specifications (FP-03) can be obtained from the Federal Highway Administration Home Page on the Internet. It is in Word or Adobe Acrobat page description format at:

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm or online at: http://bookstore.gpo.gov/.

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm http://bookstore.gpo.gov/

Solicitation No. AG-0116-S-15-0011

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.

Solicitation No. AG-0116-S-15-0011

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

(a) 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, to include emails, starting upon notice of award.

(b) NOTE: The solicitation number will have an “S” for the solicitation indicator in the number. Contracts will have a similar number format but will have a “C” in place of the “S”.

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Solicitation No. AG-0116-S-15-0011

SECTION F--DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to

(a) commence work under this contract within 15 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, 2016. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work (APR 1984)

F.1 Special Completion of Work The Contractor shall be required to complete all work on roads 2016000, 2025000 and 2150000 within 30 calendar days after the date the Contractor receives the notice to proceed.

Solicitation No. AG-0116-S-15-0011

SECTION G--CONTRACT ADMINISTRATION DATA

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.1 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).

(1) "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

(2) 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.2 Contract Administration

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

Alaska Region, Attn: CO, Catherine Powell

648 Mission St.

Ketchikan, AK 99901

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

G.3 Designation of Contracting Officer's Representative

(a) 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.

(b) 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.

(c) 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 https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Solicitation No. AG-0116-S-15-0011 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.

G.4 Contractor’s Designated Representative

(a) 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.

Solicitation No. AG-0116-S-15-0011

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Acontractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H. 1 LANDSCAPE PRESERVATION

(a) 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. Unless otherwise agreed to by the CO, 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 CO.

(1) 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.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

(2) Do not 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. Do not 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.

(3) Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

(4) Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(b) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

(1) Do not cross streams without Contracting Officer approval.

(2) Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before creek crossing is planned.

(3) Two machine crossings will be permitted between June 25 and Sept. 1 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.

(4) 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.

(5) Do not leave temporary bridges in place between September 15 and March 15, unless approved in advance in writing by the Contracting Officer.

(c) This project includes work on 4 fish streams. Instream activity will only be permitted on these streams as follows:

(1) Rd. 2100000, MP 6.50 - Instream activity only permitted June 15 to Sept. 1.

(2) Rd. 2120000, MP 0.21 – Instream activity only permitted June 25 to Sept. 1.

(3) Rd. 2135500, MP 3.85 – Instream activity only permitted June 25 to Sept. 1.

Solicitation No. AG-0116-S-15-0011

(4) Rd. 2150230, MP 0.17 – Instream activity only permitted June 25 to Sept. 1.

(d) Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal Agencies:

(1) ADNR - Alaska Department of Natural Resources.

(2) ADEC - Alaska Department of Environmental Conservation.

(3) ADGC – Alaska Department of Governmental Coordination.

(4) EPA – US Environmental Protection Agency.

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

(6) USCG – US Coast Guard.

H. 4 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.

Solicitation No. AG-0116-S-15-0011

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

(12) Incinerator location and ash disposal plan.

(d) 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. 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. 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.

(b) 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. 6 ROAD MAINTENANCE REQUIREMENTS

(a) Perform road maintenance work on the required roads in accordance with the following:

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

Solicitation No. AG-0116-S-15-0011

H. 7 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. 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 resulting from construction operations.

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

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

(d) Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. 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.

Kind of Tool No. of People Working in Area 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

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

(1) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(2) 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. 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.

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

(4) 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.

Solicitation No. AG-0116-S-15-0011

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

(g) 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:

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

(2) 4-pound size or larger carbon dioxide type.

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

(i) Do 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. 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

(a) Contractor's Responsibilities: {Roads}

(b) Perform all construction staking in accordance with the requirements of Section 152 except for the following item(s):

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

(c) Contractor's Responsibilities: {Roads}

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

(1) 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. Reestablish design centerline grade and alignment in accordance with Section 152 as construction progresses, and prior to the placement of borrow excavation. Reestablished 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 CO, 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.

Solicitation No. AG-0116-S-15-0011

(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. Deck logs in the immediate vicinity in accordance with Section 201 of the specifications.

(b) Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. 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.

(c) 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.

(d) Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

(e) All dead trees which are sufficiently tall to reach the roadbed are designated for cutting. 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. Treat all timber under this subsection meeting utilization standards in accordance with Specification 201 Subsection 201.04, unless relieved in writing.

(f) 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:

(1) Road 2100000 MP 9, aggregate when government furnished aggregate is identified in the contract.

(2) Road 2135000 MP 0.8

(b) Submit a development plan to the CO for approval prior to commencing any development activities.

H.12 PROGRESS PAYMENTS

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

(b) The Contractor shall not submit more than one request for progress payments in any calendar month.

(c) In the preparation of estimates of work accomplished for the purpose of progress payments, the Government authorizes consideration of material delivered to the Contractor at locations other than the work site, as follows—

(1) Culverts delivered to the Thorne Bay sort yard or the Contractor’s designated yard— delivery of the culverts shall constitute no more than 20% of the pay item completion.

Solicitation No. AG-0116-S-15-0011

(2) Pre-fabricated bridges delivered to the Thorne Bay sort yard or the Contractor’s designated yard —delivery of the bridges shall constitute no more than 25% of the pay item completion.

(d) Progress payment for material under this clause does not constitute acceptance, and the Contractor retains responsibility for all materials and work until completion and acceptance of the entire work.

(e) The Government shall not be required to make a progress payment under this clause unless—

(1) the material delivered to the Contractor at locations other than the work site is clearly marked as the property of the United States Forest Service under the contract number of this contract and is stored separately from other similar materials owned or controlled by the Contractor;

(2) installation is scheduled to occur within ninety days of the date of the invoice, and all other contract work is being performed on schedule; and

(3) the Contracting Officer has full confidence that the Contractor will use the materials on the contract work.

Solicitation No. AG-0116-S-15-0011

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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 (DEC 2014) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records – Negotiation (OCT 2010) 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) 52.217-7 Option For Increased Quantity – Separately Price Line Item (MAR 1989) Fill-in: September 30, 2015

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) Alternate I (NOV 2011);Alternate II (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 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 -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)

52.222.17 Nondisplacement of Qualified Workers (MAY 2014)

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)

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52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Equal Opportunity for Workers With Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 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) 52.222-55 Establishing a Minimum Wage for Contractors (DEC 2014) 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) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.223-19 Compliance with Environmental Management Systems (MAY 2011) 52.225-9 Buy American Act-Construction Materials (MAY 2014)

(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 46 U.S.C. 40102(4), 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.

Solicitation No. AG-0116-S-15-0011

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute 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 statute.

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

Solicitation No. AG-0116-S-15-0011

(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) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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) 52.228-1 Bid Guarantee. (Sep 1996) Fill-in: The amount of the proposal guarantee shall be 20 percent of the proposal price or $3 million, whichever is less.

52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (MAY 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 Disputes (MAY 2014) 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)

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52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (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) 52.244-6 Subcontracts for Commercial Items (OCT 2014) 52.245-1 Government Property (APR 2012) 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);

Alternates I-III (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):

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

52.253-1 Computer Generated Forms…