AG-0261-S-12-0036 Mayflower Box Culvert.pdf

AT A MINIMUM PROVIDE THE FOLLOWING

1. SF-1442, Complete, date, and sign.

Provide your TIN and DUNS NUMBER. Block 14

2. Fill out the pricing schedule for all items Attachment 4 (Complete both pages)

3. Representations and Certifications Section K 52.204-8 and 452.209-70. If you have completed the Representations and Certifications via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov, please only submit a response to Paragraph (b) Pg. 17 and 20. We will not need a response to the rest of 52.204-8 unless there are deviations from your from your on-line response in ORCA.

4. Provide Liability insurance verification with proposal

5. Complete Idaho workers comp form www.iic.idaho.gov/forms/ic_wc_verification.pdf

6. Provide Past performance for like projects

Submit your information to one of the following:

Email: mamorris@fs.fed.us

Fax: (208) 373-4197

Or Mail to:

USFS ATTN: Matt Morris 1249 S Vinnell Way, Ste 200 Boise, ID 83709-1663

CONTRACTORS ARE REQUIRED TO COMPLETE CENTRAL CONTRACTOR REGISTRATION (CCR) ON

WEBSITE http://ccr.gov AND ORCA (ANNUAL REPRESENTATIONS AND CERTIFICATIONS) ON WEBSITE http://www.bpn.gov/ PRIOR TO CONSIDERATION FOR AWARD OF ANY CONTRACTS WITH THE GOVERNMENT. REFER TO THE CENTRAL CONTRACTOR REGISTRATION CLAUSE, FAR 52.204-7 AND

52.204-8. ANNUAL REPRESENTATIONS AND CERTIFICATIONS

SPECIAL NOTICE:

CONTRACTOR IS RESPONSIBLE FOR UPDATING THE CONTRACTING OFFICE OR

PROCUREMENT STAFF OF ANY CHANGES THAT ARE MADE IN CCR THAT COULD AFFECT

PAYMENTS TO THE CONTRACTOR (change in bank account or address). IN ORDER FOR THE

CONTRACTOR TO RECEIVE PAYMENTS, THE CONTRACTING OFFICE WILL NEED TO NOTIFY

THE NATIONAL FINANCE CENTER TO UPDATE THEIR RECORDS FROM CCR.

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)

584751

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN MATT MORRIS

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

MATTHEW MORRIS (208)373-4166

105/15/2012

AG-0261-S-12-0036

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

Mayflower Creek Concrete Box Culvert Replacement

Payette NF

Idaho County

The magnitude of the project is estimated between $25,000 and $100,000

This acquisition is set aside for HUBZone

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.)

10 70 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

06/06/2012

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

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN MATT MORRIS

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

MATTHEW A. MORRIS

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...

mamorris Typewritten Text

TIN_____________ DUNS ________________

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 23

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0261-S-12-0036

Mayflower Creek Concrete Box Culvert Delivery: 08/31/2012 Delivery Location Code: 02WW

PAYETTE NATIONAL FOREST

800 WEST LAKESIDE AVE

MCCALL ID 83638 US

FOB: Destination

001 Mayflower Creek Concrete Box Culvert 1 EA

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – Schedule of Items

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

15101

Mobilization

Lump Sum

15221

Construction survey and staking, 15713

Soil Erosion & Pollution Control

20305

Removal structures and obstructions__

20806

Structure excavation

30809*

Roadway aggregate surfacing (commercial source)

Cubic Yard

553A01

Precast concrete Bridge ( including wingwalls, footings and curb)Design, Fabricate, Transport and Install

62503

Seeding, dry method, (Government supplied seed)

62509

Mulching, dry method

63306

Object markers

Each

64803

Placed streambed simulation rock, Bed Class 10, Method A

***Complete attached Construction Cost Estimate Breakdown or equivalent with all cost represented***

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted. An * next to an Item Number indicates that the quantity shown as a Contract Quantity per FP-03 Specification 109.02. The supplemental specification 109.02 states, “contract quantities will be adjusted only when there are errors in the original design of 15% or more.”

Payment for Bond Premiums Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

No separate payment will be made for traffic control. Traffic control is an indirect pay item with 151.-1 Mobilization.

Road 50172 will be closed by a closure order during construction. See supplemental specification 156 - Public Traffic.

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

AG-0261-S-12-0036 Page 4 of 23

SECTION C - Statement of Work/Specifications

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.

Mayflower Creek Concrete Box Culvert Replacement

C.1 SCOPE OF CONTRACT

This contract shall consist of the following work:

1) Install ROAD CLOSED signs on Type III barricades.

2) Submit an erosion control plan that will show the stream diversion plan.

3) Remove and dispose of existing 5’ by 6” corrugated metal pipe with concrete headwalls.

4) Salvage rock for stream simulation material from the excavation, or obtain from commercial source.

5) Set and maintain survey control staking by referencing Government supplied control points.

6) Install new 14' x 30' precast open bottom box culvert with wingwalls

7) Place stream simulation rock to construct a natural stream channel.

8) Backfill and place commercial aggregate surfacing on the new road.

9) Seed disturbed areas with government supplied seed

10) Supply and place mulch.

C.2 PROJECT LOCATION

The project is located on Forest Service road 50340, in Section 18, T.22N., R.7E. Idaho County. From McCall, drive on the Warren Wagon Road approx. 40 miles to Warren, then drive 2 miles past Warren to the site.

C.3 CONTRACT TIME

The work is to be accomplished and the road re-opened by 0800 August 31, 2012, the Friday morning before Labor Day weekend.

C. 4 LIST OF SPECIFICATIONS

The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word .doc or Adobe Acrobat .pdf format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable.

FP-03 101 Terms, Format, and Definitions FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FP-03 103 Scope of Work FSSS 103 Scope of Work FP-03 104 Control of Work

AG-0261-S-12-0036 Page 5 of 23

FSSS 104 Control of Work FP-03 105 Control of Material FSSS 105 Control of Material FP-03 106 Acceptance of Work FSSS 106 Acceptance of Work FP-03 107 Legal Relations and Responsibility To the Public FSSS 107 Legal Relations and Responsibility To the Public FSSS 108 Prosecution and Progress FP-03 109 Measurement and Payment FSSS 109 Measurement and Payment FP-03 151 Mobilization FP-03 152 Construction Survey and Staking FSSS 152 Construction Survey and Staking FP-03 153 Contractor quality control FSSS 153 Contractor quality control FP-03 156 Public Traffic FSSS 156 Public Traffic FP-03 157 Soil Erosion Control FSSS 157 Soil Erosion Control FSSS 171 Weed Prevention FP-03 201 Clearing and Grubbing FSSS 201 Clearing and Grubbing FP-03 203 Removal of Structures and Obstructions FSSS 203 Removal of Structures and Obstructions FP-03 204 Excavation and Embankment FP-03 208 Structure Excavation and Backfill for Selected Major Structures FSSS 208 Structure Excavation and Backfill for Selected Major Structures FP-03 251 Riprap FSSS 251 Riprap FP-03 308 Minor Crushed Aggregate FSSS 308 Minor Crushed Aggregate FSSS 553A Precast Concrete Structures FP-03 622 Rental Equipment FSSS 622 Rental Equipment FP-03 625 Turf Establishment FSSS 625 Turf Establishment FSSS 648 Stream Simulation FP-03 705 Rock FSSS 705 Rock FP-03 709 Reinforcing steel and wire rope FSSS 709 Reinforcing steel and wire rope FP-03 713 Roadside improvement material FSSS 713 Roadside Improvement material

NOTE:

Bidders are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of bids. All specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

C.5 TECHNICAL REQUIREMENTS

Specific construction drawings and Supplemental Project Specifications are included in Section J. All items shown or noted on plans, which are not specifically bid items, are considered indirect payment items, per FP-03, Section 109.05(b).

AG-0261-S-12-0036 Page 6 of 23

The cost of furnishing and installing all indirect payment items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

C.6 ORDER OF PRECEDENCE - CONSTRUCTION

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

1) The Schedule of Items

2) Representations and other instructions

3) Contract clauses

4) Other documents, exhibits, and attachments

5) Forest Service Supplemental Specifications(FSSS)

6) Standard Specifications(FP-03)

7) Plans, figured dimensions over scaled dimensions

8) Plans, large scale contract plans over small scale contract plans

9) Schedules on contract plans over any conflicting notations on contract plans

10) Shop drawings

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 31 Aug 2012. 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 15 June 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.

AG-0261-S-12-0036 Page 7 of 23

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award.

The conference’s time and location will be determined after award.

(End of Clause)

SECTION H - Special Contract Requirements

TECHNICAL REQUIREMENTS

The Forest Service will obtain 404 Stream Channel Alteration Permits from the U.S. Army Corps of Engineers and Idaho Department of Environmental Quality. The permits are required to discharge fill material into rivers, including placement of rock, dirt, or sand necessary for the construction of the bridge and in-stream structures. Copies of the permits will be made available to the Contractor at the time of the Contract award. Contractor shall follow provisions set forth in the permit.

Fire Control

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

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

AG-0261-S-12-0036 Page 8 of 23

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

AG-0261-S-12-0036 Page 9 of 23

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

Barricades, Warning Signs, and Other Devices

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, flagmen 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.

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

No separate payment will be made for traffic control. Traffic control is an indirect pay item with 151.01 Mobilization.

Road 50074 will be closed by a closure order during construction. See supplemental specification 156 - Public Traffic.

AG-0261-S-12-0036 Page 10 of 23

Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed 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.

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

AG-0261-S-12-0036 Page 11 of 23

SECTION I - Contract Clauses

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ or https://www.acquisition.gov/Far/ or www.usda.gov/procurement/policy/agar.html

(End of clause)

52.204-7 Central Contractor Registration. (FEB 2012) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (FEB 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009) 52.222-3 Convict Labor. (JUN 2003) 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) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 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. (JUL 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) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items (Dec 2010) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988)

AG-0261-S-12-0036 Page 12 of 23

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-77 Emergency Response. (NOV 1996)

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

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference

AG-0261-S-12-0036 Page 13 of 23 for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

AG-0261-S-12-0036 Page 14 of 23

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

(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).

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Money orders, drafts, cashier’s checks, or certified checks.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

452.228-70 Alternative Forms of Security. (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA Forest Service

(End of Provision)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

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

AG-0261-S-12-0036 Page 15 of 23 award the contractor acknowledges that it –

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

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

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

Order of Precedence--Construction

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

11) The Schedule of Items

12) Representations and other instructions

13) Contract clauses

14) Other documents, exhibits, and attachments

15) Forest Service Supplemental Specifications(FSSS)

16) Standard Specifications(FP-03)

17) Plans, figured dimensions over scaled dimensions

18) Plans, large scale contract plans over small scale contract plans

19) Schedules on contract plans over any conflicting notations on contract plans

20) Shop drawings

SECTION J - List of Documents, Exhibits, and Other Attachments

Davis-Bacon Act: If this is a contract in excess of $2,000, the Davis Bacon Act requires the Contractor to pay certain minimum wages and benefits to employees working under this contract. These required minimum wages are stated in the attached Wage Decision.

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

Description File Name Date of File Number of Pages Drawing package MAYFLOWER_DWG_PACKAGE.pdf 5/8/2012 7 Specifications specsApril_26_2012.docx 5/8/2012 41 Wage Determination Heavy ID120012 04-27-2012 ID12.pdf 5/15/2012 10 Construction Cost Estimate Construction Cost Estimate Breakdown 0036.xlsx 5/15/2012 2

AG-0261-S-12-0036 Page 16 of 23

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.236-28 Preparation of Proposals -- Construction (Oct 1997)

52.204-8 Annual Representations and Certifications. (MAR 2012)

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

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where

AG-0261-S-12-0036 Page 17 of 23 mamorris Typewritten Text the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate.