AG0120S120011_AlaganikSloughBoatRampFNL.pdf

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Request for Proposals

Solicitation No: AG-0120-S-12-0011

PROJECT NAME: Alaganik Slough Boat Ramp Replacement

ISSUING OFFICE:

US Forest Service Chugach National Forest, 3301 C Street Suite 300

Anchorage AK 99503 Phone (907) 743-9569 - Fax (907) 743-9492

Proposal Due Date:

9 March 2012

QUICK INDEX

Section Description A SF 1442, Solicitation, Offer, &

Award

B Schedule of Items

C Description/Specifications/ Work Statement

D Packaging and Marking

E Inspection and Acceptance

F Deliveries and Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Attachments

K Representation/Certifications

L Instructions to Bidders

M Evaluation Factors

PROPOSAL REMINDERS

Submit printed copy of bid to the address listed on the enclosed SF 1442. Before submitting your bid, please review the following:

Have you completed the Schedule of Items?

Have you completed and signed the SF 1442, Solicitation, Offer & Award?

Have you acknowledged all amendments?

Have you completed the annual representations and certifications electronically via the Online

Representations and Certifications Application

(ORCA) website at http://orca.bpn.gov (Section

K)

Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including

Power of Attorney affidavit?

Have you registered in the Central Contractor

Registration database?

Have you submitted all information required in

L.10 - Proposal Preparation Instructions?

See Section L for details regarding a pre-proposal conference call on 21 Feb 2012 at 10 am AK time.

Questions along with a list of attendees should be submitted by 16 Feb. Send documents to kweidenbaugh@fs.fed.us, or 907-743-9492.

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0120-S-12-0011

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

9 Feb 2012

PAGE OF PAGES

2 54

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service, Chugach National Forest 3301 C Street Suite 300 Anchorage AK 99503

US Forest Service, Chugach National Forest

Anchorage AK 99503

9. FOR INFORMATION

CALL:

A. NAME

Karen Weidenbaugh

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

907-743-9569 – kweidenbaugh@fs.fed.us

SOLICITATION

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

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

Alaganik Slough Boat Ramp Replacement, Cordova Ranger District

This acquisition is a 100% Small Business Set-Aside. The estimated price range, in accordance with FAR 36.204, is between $250,000 and $500,000. This is a best-value acquisition. A written technical proposal is required. See provision

L.11.

A PreProposal conference call will be held on 21 Feb 2012 at 10 am. A scheduled site visit will not be held. See L.8 &

L.9 for details regarding the preproposal conference call and site visit. All interested companies are encouraged to submit questions, in writing, to the Contracting Officer prior to the PreProposal conference call.

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (* See F.2).

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and two (2) copies to perform the work required are due at the place specified in Item 8 by 2 pm local time 9 March 2012. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated, Prescribed by GSA, FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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:

23. AMOUNT 24. ACCOUNTING AND APPROPRIATION DATA

25. SUBMIT INVOICES TO ADDRESS

SHOWN IN(4 copies unless otherwise specified)

ITEM 26. OTHER THAN FULL AND OPEN COMPETITION PURSUANT

TO 10 U.S.C. 2304I( ) 41 U.S.C. 253I( )

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

ADDENDA SHEET

PROJECT NAME: Alaganik Slough

Boat Ramp

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OF

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

ALAGANIK SLOUGH BOAT RAMP REPLACEMENT

BASE BID SCHEDULE OF ITEMS

1. PREPARATION

2. RAMP EARTHWORK

EXCAVATION

DQ 2,010 CY

GEOTEXTILE

DQ 2,100 SY

ROCK BORROW

DQ 220 CY

BASE COURSE

DQ 210 CY

RIPRAP

DQ 1,325 CY

TYPE D-1 CRUSHED

AGGREGATE

DQ 25 CY

3. BOAT RAMP ITEMS

PRECAST CONCRETE PLANKS,

INCLUDING ANCHORING

SYSTEM

AQ 72 EA

4. ACCESSIBLE LOADING PLATFORM

CONCRETE SIDEWALK

AQ 180 SF

CAST-IN-PLACE CONCRETE

CANTILEVER RETAINING

WALL

LSQ 1 LS

GALVANIZED STEEL 3-RAIL

HANDRAIL

AQ 12 LF

4" x 6" ALASKA YELLOW

CEDAR RUB RAIL

AQ 30 LF

TOTAL

PRICE

ITEM

NO.

ITEM

METHOD

OF

MEAS.

QUANTITY UNIT

UNIT

PRICE

AMOUNT

MOBILIZATION AND

DEMOBILIZATION

LSQ 1 LS

CLEARING AND GRUBBING

DQ 1,120 SY

TEMPORARY CONSTRUCTION

FENCING AND GATE

LSQ 1 LS

CONSTRUCTION SURVEYING

LSQ 1 LS

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5. OTHER ITEMS

CONSTRUCTION AREA BMPs

TEMPORARY ISOLATION &

DEWATERING CONTROLS

TOTAL BASE BID:

OPTIONAL BID SCHEDULE OF ITEMS

SCHEDULE OF ITEMS – OPTION A: DEMOLISH EXISTING BOAT RAMP

NO.

ITEM

METHOD

OF

MEAS.

QUANTITY UNIT

UNIT

PRICE

AMOUNT

A-001

DEMOLITION OF EXISTING

PLANKS

DQ 660 SF

A-002

PLANTS

AQ 12 EA

A-003

MOBILIZATION AND

DEMOBILIZATION

SCHEDULE OF ITEMS – OPTION B: RAMP CURBING

NO.

ITEM

METHOD

OF

MEAS.

QUANTITY UNIT

UNIT

PRICE

AMOUNT

B-001 8" x 8" ALASKA YELLOW

CEDAR CURB

AQ 164 LF

B-002

MOBILIZATION AND

DEMOBILIZATION

SCHEDULE OF ITEMS – OPTION C: PARKING LOT RECONSTRUCTION

NO.

ITEM

METHOD

OF

MEAS.

QUANTITY UNIT

UNIT

PRICE

AMOUNT

C-001

CLEARING AND GRUBBING

DQ 480 SY

C-002

EXCAVATION

DQ 100 CY

C-003

GEOTEXTILE

DQ 600 SY

TOTAL PRICE

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C-004

TYPE D-1 CRUSHED

AGGREGATE

DQ 100 CY

C-005

MOBILIZATION AND

DEMOBILIZATION

SCHEDULE OF ITEMS – OPTION D: PARKING AREA FINISHES

NO.

ITEM

METHOD

OF

MEAS.

QUANTITY UNIT

UNIT

PRICE

AMOUNT

D-001 BOULDERS, 3’ x 3’ x 3’

AQ 69 EA

D-002

TRAFFIC SIGN AND POST,

"KEEP RIGHT"

AQ 1 EA

D-003

MOBILIZATION AND

DEMOBILIZATION

BID SUMMARY

TOTAL PRICE

BASE BID

OPTION A

OPTION B

OPTION C

OPTION D

METHOD OF MEASUREMENT: UNITS:

AQ = ACTUAL QUANTITY CY = CUBIC YARD

DQ = DESIGN QUANTITY LS = LUMP SUM

LSQ = LUMP SUM QUANTITY EA = EACH

SF = SQUARE FOOT

LF = LINEAR FOOT

NOTES:

1) The total contract award amount will be the sum of the base bid and options which when combined are within the project budget.

2) The Contracting Officer will make the decision regarding which options to award at the time of award. Priority will be given to contractors who can complete the most options within the project budget.

3) For purposes of progress payments pursuant to the clause at FAR 52.232-5 (Payments Under

Fixed-Price Construction Contracts), this work is divided into pay items as shown above. The sum of the pay item amounts shall equal the total prices given. During the performance of the contract, payment will be made based on the method of measurement and estimated quantities

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indicated in the schedule. All other work and materials will be considered incidental to and included in the payment of pay items awarded.

4) Mobilization and Demobilization for Option items will only be paid if the option item is not awarded with the initial base bid award.

NOTE: Bidders are required to submit unit prices and extensions for all pay items. Failure to submit prices for all items will render the bid nonresponsive and will not be considered for award.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 General Specifications: Summary of Work:

A. In summary, the project generally consists of the following:

1. Ensure site access is restricted to the public both the land-side and the water-side of the project.

2. Establish and maintain best management practices for site erosion and sediment control.

3. Isolate the in-stream portion of the site. Dewater as needed.

4. Clear, grub, and grade subgrade for new boat ramp.

5. Provide and place geotextile, rip-rap, and crushed aggregates for new boat ramp.

6. Provide and place pre-cast concrete boat ramp planks, including anchoring system.

7. Construct an accessible boat loading platform, consisting of a cast-in-place concrete cantilever retaining wall, sidewalk, and handrail.

8. Clear, grub, and grade subgrade for new parking lot improvements.*

9. Provide and place geotextile and crushed aggregates for parking lot improvements.*

10. Install traffic control sign(s).*

11. Demolish the existing boat ramp. *

12. Re-plant disturbed areas.*

13. Provide and install timber curbs. *

14. Provide and place boulders in and around parking lot. *

* Note: these items are “optional” bid items.

B. Location: The Alaganik Slough Boat Ramp is located within the Alaganik Slough Day Use Area, 20 miles southeast of Cordova, Alaska, within the Copper River Delta. The Alaganik Slough Day Use

Area is accessed from Cordova via a gravel road intersecting the Copper River Highway at approximately milepost 17. Cordova may be accessed by daily Alaska Airlines jet service from

Anchorage and Juneau. It is also accessible by Alaska Marine Highway ferry service from Valdez and

Whittier on a daily basis.

C.2 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

C.3 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.

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SECTION D--PACKAGING AND MARKING

D.1 Marking of Material Shipments All shipments of materials, equipment and/or supplies shall be addressed to the contractor and not to the

Government.

D.2 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.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all

Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.242-14 Suspension of Work (APR 1984) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (*see below) 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 August 31,2012 for the base bid items. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by

April 01, 2012. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

*All offerors shall submit a proposed schedule with the technical proposal for the government’s evaluation. The starting date will depend upon an acceptable schedule.

NOTES:

No vegetation clearing activities shall occur between May 01 and July 01 to avoid disturbance to nesting migratory birds and waterfowl. Other out-of-stream construction activities may be conducted during this nesting window and may continue through August 31, 2012 for the base bid items.

If the initial award consists of the base bid and any option items, all work must be completed prior to

August 31, 2012.

If the option items are not awarded prior to September 30, 2012 and FY 13 funds become available prior to April 01, 2013 work on these items shall be performed during the time May 01, 2013 through July 01, 2013. Once work begins on the option items all work shall be completed within 30 days.

F.3 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved will depend upon when the work is performed. See F.2 FAR

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) .

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

(a) Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The

Contracting Officer is the only authorized individual to make changes to a contract.

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(b) Contracting Officer’s Technical Representative (COTR). The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer’s Technical Representative (COTR), or alternatively, as the Engineer, who will provide on-the-ground administration for the Government.

The COTR will be designated in writing and a copy of the designation will be furnished to the

Contractor before or at the pre-work conference. The contractor is cautioned to read the COTR designation because certain authority under the contract is reserved solely for the Contracting Officer.

The term “Contracting Officer” as used throughout the contract shall be interpreted to include the

Contracting Officer’s designated representative(s) acting within the limits of their delegation of authority.

(c) Contractor’s Representative. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of the authority, if any, of the representative.

G.2 Contact Inforamtion for the Contracting Officer

USDA Forest Service, Chugach National Forest

Attn: Karen Weidenbaugh

Anchorage AK 99503

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

G.3 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within a reasonable time after award and prior to, or in conjunction with, the issuance of the Notice to Proceed

G.4. Reminder of Invoicing Requirements

(a) The Contractor is reminded that the elements of a proper invoice are listed in the clause at FAR 52.232-27 in

Section I.

(b) It is the sole responsibility of the Contractor to submit proper and timely invoices using its own invoice form or to request and complete the Microsoft Word format (Pay Estimate FS-6300-30 rev 02-05) received from the contracting office. Improper invoices (i.e. errors in extensions, quantities, or other base information) will be returned to the Contractor for correction and subsequent resubmission.

(c) In addition, when submitting the invoice the Contractor shall submit a copy (either electronically, hard copy, or via fax) to the Contracting Officer along with timely payrolls, if applicable and subcontractor payment information (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 Physical Data (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual inspection

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(b) Weather conditions:

CORDOVA FAA AP, ALASKA (502177)

Period of Record Monthly Climate Summary

Period of Record : 9/ 1/1949 to 12/31/2005

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Average Max.

Temperature (F)

31.4 35.1 38.3 45.1 52.5 58.4 61.4 61.6 56.1 46.8 37.4 33.0 46.4

Average Min.

Temperature (F)

15.9 19.2 21.6 28.9 36.2 43.1 47.0 45.7 40.1 32.4 23.7 19.2 31.1

Average Total

Precipitation (in.)

6.21 6.53 5.40 5.35 5.98 5.07 6.21 9.08 13.56 12.21 8.16 8.50 92.27

Average Total

SnowFall (in.)

20.7 20.8 23.7 11.5 0.9 0.0 0.0 0.0 0.0 3.0 11.0 26.2 117.8

Average Snow Depth

(in.)

8 10 11 5 1 0 0 0 0 0 2 5 3

(c) Transportation facilities: The Alaganik Slough Day Use Area is accessed from Cordova via a gravel road intersecting the Copper River Highway at approximately milepost 17. Cordova may be accessed by daily Alaska Airlines jet service from Anchorage and Juneau. It is also accessible by Alaska Marine

Highway ferry service from Valdez and Whittier on a daily basis.

(d) No additional pertinent data provided.

H.2 Product Substitution

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the

Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H.3 Product Substitution Procedures

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of

Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

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c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H.4 Contractor’s Representation and Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

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3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H.5 Public Officials not Personally Liable

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

H.6 Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the

Contracting Officer.

H.7 Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest

Service roads in the construction area.

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H.8 Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources.

The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the

Forest Service, Contractor road maintenance responsibility shall terminate.

The successful contractor shall be responsible for all snow removal to gain access to the construction area.

Establishing a dump site for removed snow and securing any necessary permits, etc. is the responsibility of the successful contractor. Copies of said permits, if requested, shall be provided to the contracting officer for inclusion in the contract file.

H.9 Traffic Control

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway

Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H.10 On-Site Storage & Lodging

On-site storage will be provided to store materials and contractor’s trailer. The successful contractor will have the opportunity for one employee to stay at a campsite at the job site. The purpose is to guard material. This lodging is not intended for the entire crew.

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H.11 Site Characteristics:

Contractor is responsible for confirming site conditions including but not limited to expected high and low water elevations.

H.12 Safety Plan

The contractor shall submit a safety plan that addreses some of the following items that are applicable to this contract. Some of the hazards include the following but are not limited to:

Physical Hazards

Noise

Road workers may be exposed to noise from many sources including heavy vehicles, passing traffic and pneumatic drills. Noise may be an annoyance, be distracting and result in diminished concentration, muffle verbal communication between workers, endangering safety, and result in hearing impairment which is irreversible.

Vibration

Long term exposure to vibration from equipment such as pneumatic drills, or transmitted from vehicles, especially when driving on uneven road surfaces, may result in health problems such as hand-arm vibration syndrome and back pain.

Electricity

Improperly insulated or ungrounded electrical equipment is dangerous, especially when wet. Heavy equipment such as overhead cranes may touch electrical cables and result in electrocution.

Safety Hazards

Moving parts on equipment and machinery may cause bruises, cuts or more serious injuries.

Vehicles and heavy equipment can become unstable on slopes or uneven road surfaces. This poses risks not only to the driver, but to other workers in the vicinity.

Vehicles may not have a good line of vision when reversing. If not warned, workers behind the vehicle may be seriously injured or even killed. Workers such as motor graders and mower, swather and snowplough operators are often require to work alone. Dangerous situations can arise if they are injured or otherwise incapacitated.

Chemical Hazards

Asphalt used to pave or repair roads is applied when very hot. Hot asphalt is dangerous when it contacts the skin and can lead to severe burns. Asphalt fumes may cause fatigue, poor appetite, throat and eye irritation. There is an association between long term exposure and certain forms of cancer.

Coal tar can sensitize the skin to sunlight thus making it more vulnerable to Ultra Violet Radiation. It is also a carcinogen.

Epoxy resins are used by mixing resin with a hardener. Composition varies depending on the commercial product used. Short term effects include skin irritation; there is a concern that long term exposure may cause cancer.

Gasoline and Diesel Exhaust gases contain large numbers of chemicals such as oxides of nitrogen, aldehydes, hydrocarbons, carbon monoxide and benzene. Some are skin and respiratory irritants, others are carcinogens.

Carbon monoxide exposure may cause headaches and tiredness at low levels. At higher levels it can cause death by asphyxiation.

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Climatic Hazards

Cold temperatures are uncomfortable. Being cold interferes with speed and accuracy. Exposure to extreme or prolonged cold may result in immersion foot, frostbite or hypothermia.

Ice on the road may cause vehicles to skid. It also reflects sunlight, increasing exposure to UV radiation.

Snow also causes glare. Blowing snow reduces visibility.

Heat excess can lead to rashes of the skin, heat cramps from salt depletion, exhaustion from salt/water loss and heat stroke.

UV radiation from sunlight can cause skin burns, damage the eyes and may lead to skin cancer.

Environmental Hazards

Insects such as bees, wasps, mosquitoes, ticks are mostly a nuisance. In addition, they can cause skin problems, allergic reactions and disease.

Vegetation such as moulds and spores can cause lung problems. Poison ivy and oak may result in allergic skin reactions. Dust and smoke in the environment cause respiratory irritation. Long term exposure to silica may result in permanent damage to lungs.

Passing traffic poses a risk of injury. Farmers' fields may blow pesticides or fertilizers into the air. Surrounding stack emission may contain hazardous chemicals.

Organization Hazards

Occupational factors such as long hours of work, noise and heat can lead to worker fatigue which may create dangerous situations, e.g., loss of concentration when reversing.

Reducing the Risk

It is always smarter to reduce or eliminate the hazard than to treat the problem after it has occurred. Many injuries and diseases are preventable. Risks may be reduced by control at the source such as changes to noisy vehicles and tools, at the interface with the worker by easily understood signs and proper guarding of moving parts or by providing personal protection to the worker.

Vehicles, Equipment, Machinery

Ladders for access and egress should have nonskid rungs and there should be convenient handholds.

Vehicles must allow for good visibility; visual and auditory alarms should be used when reversing.

Moving parts should be guarded. There should be appropriate shields where there is danger of chemical splashes or flying road objects.

Controls on equipment should be clearly marked and easily reached. Brightly painted hazardous parts will reduce the risk of contact.

Contact with electrical equipment should be avoided especially when wet.

There should be adequate training in the use of vehicles, equipment and machinery. Inspection and maintenance schedules must be strictly adhered to.

Noise. Where there is constant noise levels must be monitored to ensure they do not reach dangerous levels.

Exposure to noise can be minimized by using equipment designed to muffle sound, maintenance of equipment and by using sound absorbing material in vehicle cabs. If noise cannot be adequately reduced in this matter, hearing protection such as ear muffs or ear plugs must be used. Workers routinely exposed to noise should have proper training and have regular hearing tests.

Clothing must be appropriate for the time of year - winter/summer - and must offer protection from cold, rain and wind. Outer clothing should be reflective so it is easily seen. Work boots must be appropriate for the job with

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steel toes, steel sides, insulated soles as needed. Gloves must offer protection from the elements, contact irritation and injury. Goggles must protect from chemical splash, flying objects and glare. Most situations require the use of a hard hat.

Worksite

A worksite traffic control plan must be developed which is suited to the job and location. Work on busy highways should be scheduled for off-peak hours. All signals and devices must be delivered to the site in sufficient time for installation.

Traffic control methods must get passing motorist's attention, warn the driver, slow the driver, guide the driver around the worksite and return the driver to normal traffic.

Traffic control signals must be clearly visible, simple, allow time to understand and respond and be consistent.

They include signs, lights, barricades, cones, drums, railings.

Working Alone

Where workers are required to work alone a proper plan must be in place. This should include identification of possible risks, means of minimizing the risks and means of seeking assistance should a mishap occur. A regularly scheduled communication system must be in place to alert control centres of possible mishaps.

H.13 Order of Precedence – Specifications and Plans

Resolve any inconsistences in the specifications of this solicitation and any resultant contract by giving precendence in the following order:

(a) Section H, Special Contract Requirements

(b) Contract Specifications

(c) Plans (the contract plans furnished by the Government showing the location, type, dimensions and details of the work). On the plans and drawings--

(1) Figured dimensions over scaled dimensions

(2) Large scale contract plans and drawings over small scale contract drawings

(3) Schedules on contract drawings over any conflicting notations on contract drawings

H.14 AGAR 452.228-71 Insurance Coverage (Nov 1996)

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

H.15 AGAR 452.228-71 Insurance Coverage. (NOV 1996)

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

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

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

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

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

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011)

52.204-10 Reporting Executive Compensation & First Tier Subcontract Awards (JUL 2010)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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)

52.219-6 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 (DEC 1996)

52.222-3 Convict Labor (JUN 2003)

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

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 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 Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2010)

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

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

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

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(DEC 2007)

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

52.223-6 Drug-Free Workplace (MAY 2001)

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

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

(May 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

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

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

52.227-1 Authorization and Consent (DEC 2007)

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

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (SEP 2009)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

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

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

52.232-17 Interest (OCT 2010)

52.232-23 Assignment of Claims (JAN 1986)

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

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

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.236-26 Preconstruction Conference (FEB 1995)

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52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (DEC 2010)

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) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I.2 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

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