Solicitation_AG-046W-S-16-0020_Lower_Marco_Creek_Bridge.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-046W-S-16-0020

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

May 2, 2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Mt. Hood National Forest - Contracting North 16400 Champion Way Sandy, Oregon 97055

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

Roxanne Anderson – Contracting Officer

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

(503)665-8890

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):

LOWER MARCO CREEK BRIDGE

Hood River Ranger District – Hood River County

Mt. Hood National Forest

Price Range:

The Government's estimate is:

between $250,000 and $500,000.

Duns #:_____________________________

Point of Contact for Solicitation and Contract:_______________________________________________________________________

Phone #:_______________________________________ Email Address:_____________________________________________

11. The Contractor shall begin performance within 14 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00pm (hour) local time June 1, 2016 (date). 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)

SOL NO: AG-046W-S-16-0020

Mt. Hood National Forest, Hood River RD

PROJ NAME: Lower Marco Creek Bridge

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:

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

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

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

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY

THROUGH THE INVOICE PROCESSING PLATFORM (IPP)

VIA WWW.IPP.GOV

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, 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, 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)

This template is designed for use for construction projects above SAT.

Updated through FAC 2005-82 effective May 7, 2015

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Lower Marco Creek Bridge

Hood River Ranger District

Mt. Hood National Forest

Hood River County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO. DESCRIPTION PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization Lump Sum All $________ $________

15201 Construction survey and staking, method 1, tolerance A Lump Sum All $________ $________

15713 Soil erosion and pollution control Lump Sum All $________ $________

15755 Dewatering structure Each 1 $________ $________

20102 Clearing and grubbing Lump Sum All $________ $________

20305 Removal of structures and obstructions Lump Sum All $________ $________

20401 Roadway excavation, compaction method B *Cubic Yard 130 $________ $________

20418 Drainage excavation, type channel bank material *Cubic Yard 2093 $________ $________

20455 Embankment construction *Cubic Yard 120 $________ $________

20701 Earthwork geotextile, type IV-B *Square Yard 465 $________ $________

20801 Structure excavation *Cubic Yard 155 $________ $________

20803 Structural backfill *Cubic Yard 46 $________ $________

25101 Placed riprap, class 6 *Cubic Yard 312 $________ $________

32203 Aggregate base, grading D, compaction method B *Cubic Yard 121 $________ $________

40401 Minor hot asphalt concrete Ton 76 $________ $________

55109 Steel pipe for concrete filled pipe piles, furnished Foot 210 $________ $________

55156 Concrete filled steel pipe piles, drilled in Foot 135 $________ $________

55151 Furnish pile drilling equipment Lump Sum All $________ $________

55201 Structural concrete class A(AE) *Cubic Yard 63 $________ $________

55301 Precast prestressed concrete structural members, 21" x 55'-0" voided slab Each 4 $________ $________

55401 Reinforcing steel *Pounds 7948 $________ $________

55601 ODOT 2-tube side mount bridge railing Foot 110 $________ $________

56401 Elastomeric bearing device Each 20 $________ $________

57102 Prefebricated bridge superstructure, transport and install

(contractor furnished) Lump Sum All $________ $________

61702 Terminal section, type 2 flared, test level 2 Each 4 $________ $________

61752 Guardrail transition to 2-tube bridge rail Each 4 $________ $________

62529 Seeding and mulching, dry method Lump Sum All $________ $________

63501 Temporary traffic control Lump Sum All $________ $________

64804 Placed streambed simulation rock, bed class 12, method A *Cubic Yard 140 $________ $________

64854 Stream channel rocks, size 3 Each 100 $________ $________

TOTAL ITEMS COST

*Denotes Contract Quantities

Note: Award will be made to one offeror only. Prices must be submitted for all items, otherwise your proposal will be considered not acceptable.

B-2 - NOTE:

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under

15101 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-03.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. Description of Work

Furnish all labor, equipment and material to accomplish the work under this contract. Work includes the following:

Demolition and removal of an existing 6’ diameter x 100’ Long corrugated metal pipe culvert and fill;

excavate and construct new creek channel; provide and install stream simulation rock; provide and install riprap; provide and construct 55’ span prestressed precast concrete voided slab bridge superstructure, supported on drilled-in steel pipe piles with cast-in-place concrete cap.

The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making and estimate of quantities of work.

C-2. Project Location

Project is located in the State of Oregon, Hood River County, Mt. Hood National Forest, Hood River

Ranger District.

From Sandy, Oregon, travel 17 Miles East on US Hwy. 26. Turn left (North) on E Lolo Pass Road

(Forest Service Road 18) and travel 21.5 Miles to the bridge site. (Legal Description T1S R8.5E SEC

12) (45° 30’ 11.4” N, 121° 44’ 26.7” W --- From Google Earth)

C-3. Applicable Specifications (Road Projects)

Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

C-4. AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

C-5. AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-12 Inspection of Construction AUG 1996

E-2. Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at* the project site.

E-3. Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4. Conformity With Drawings And Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

http://www.arnet.gov/far/

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

52.242-15 Stop Work Order AUG 1989

52.242-17 Government Delay of Work APR 1984

52.211-13 Time Extensions SEPT 2000

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 14 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 120 days after the contractor receives the notice to proceed. 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 June 20, 2016. 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.

SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror is required. It will be scheduled and held within 14 days after the date of contract award. The conference will be held at the Mt. Hood National Forest

Supervisors Office located at 16400 Champion Way, Sandy, OR 97055 or a mutually agreed upon location.

G-2. Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of

$__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

G-3. Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item No. Description Qty Location Date Available

25101 Riprap Source 312 FS Ladd Creek

Site

All Construction

Dates

62529 Seeding All Mt. Hood SO All Construction

Dates

64854 Stream Channel

Rocks

100 FS Ladd Creek

Site

All Construction

Dates

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 surveys, auger borings and core borings.

(b) Weather conditions: Data from http://www.weatherbase.com/weather/weather.php3?s=204353&cityname=Government-Camp-

Oregon-United-States-of-America

(c) Transportation facilities Any vehicles with loads exceeding Oregon state legal loading that will cross bridges under Forest Service Jurisdiction are required to apply for bridge overload use permit. Forest

Service bridges crossed to get to the Lower Marco Creek Side are as follows: a) From the Zigzag, Oregon side: Three bridges crossed; 1) McGee Creek Bridge, 2) Ladd Creek Bridge and 3) Red Hill

Creek Bridge. B) From the Hood River Side: One bridge crossed; 1) Dry Run Bridge.

H-2. Special Blasting Techniques

Blasting is not allowed on this project.

H-3. 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-4. Contractor’s Representation & 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.

http://www.weatherbase.com/weather/weather.php3?s=204353&cityname=Government-Camp-Oregon-United-States-of-America http://www.weatherbase.com/weather/weather.php3?s=204353&cityname=Government-Camp-Oregon-United-States-of-America

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. Submittals, Shop Drawings, Material Certifications and Testing Reports

Does the acquisition require the submission of shop drawings, submittals, material certifications or testing reports?

Yes _X_ No ___

If yes, do the drawings need to be reproducible?

Yes _X_ No ___

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Hazardous Spill Plan 107.10 14 Days

Quality Control Plan 153.02 14 Days

Traffic Control Plan 156 & 635 14 Days

Dewatering & Sediment Control Plan 157.03 21 Days

Fire Plan J.4 14 Days

Project Work Schedule FAR 52.236-15 14 Days

Schedule for Pile Installation Work 551.01 5 Days

Pile Drilling Equipment 551.03 14 Days

Pile Drilling Operator Qualifications 551.01 14 Days

Concrete Mix Design Including

Admixtures

552.03 & 552.09 14 Days

Concrete Placement Schedule 552.09 14 Days

Concrete Mix Design for Prestressed

Members

553 21 Days

Stream Simulation Rock 648.03 14 Days

Mortar Data – Keyways 701.02 14 Days

Bypass Bridge Superstructure 571 21 Days

Shop Drawings

The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Bridge Railing 104.03(b)(1)(d) 21 Days

Prestressed Concrete 553.03 &

104.03(b)(1)(e)

30 Days

Bearing Devices 564.03 14 Days

Material Certifications and Testing Reports

The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced by

Specification No.

Aggregate Base 322.03

Minor Hot Mix Asphalt Concrete 404.02

Asphalt Concrete Mixing Plant

Certification

404.02

Steel Pipe for Drilled In Pipe Piles 715.05

Portland Cement Product Certification 552.19

Concrete Quality Control Certifications, Including Batch Tickets and Test Results

552.09 & 106

PCI Plant Certification 553.03

PCI Plant QC Report 553.03

Prestressing Strand Certification 553.11

Prestressed Concrete Test Results 553

Reinforcing Steel Product Certification 553.19 & 554.10

Structural Steel Certified Test Results:

a) Specified by AASHTO Designation

b) Steel Specified by ASTM Designation

555.20

555.05 & 717.01

555.05

Structural Steel Fabrication by AISC

Quality Certification Program

555.03

Bridge Railing Production Certification 556.10

Preformed Expansion Joint Filler

Certification

712.01(b) & 712.01

Certified Weed Free Mulch 713.05

Earthwork Geotextile 714.01

H-6. Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-7. 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-8. Conformity with Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H-9. Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-10. 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.

H-11. 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.

H-12. Road Use and Maintenance

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those

Forest Service roads designated below for performance of work under this contract.

Road No.

Termini

Authorizations, Restrictions &

Requirements

Maintenance

Required (Yes or No)

1800000 All Rock Haul, Heavy

Equipment/Material transportation including excavators, cranes and bridge slabs.

Repair any damage caused to FS roads due to contractor’s use.

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the

Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current Umatilla National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest

Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3.Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest

Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest

Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-13. 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-14. Control of Material

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The

Government assumes responsibility for the quality and quantity of material in the source. The

Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause

52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest

Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points.

Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-15. Safety

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[ ] Confined space entry.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[X] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[ ] Other __________________________________

H-16. Suspensions for Other Than Government’s Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-17. AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial

90-day period, the Contractor shall submit the information required by paragraph (c) to the

Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Additional Requirements or Restrictions

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 this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

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

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

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

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

Whistleblower Rights (APR 2014)

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

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

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

52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (OCT 2014)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (MAY 2014) http://www.usda.gov/procurement/policy/agar.html

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Requirements and Related Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-35 Equal Opportunity for Veterans (JUL 2014)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (JUL 2014)

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

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)

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

(SEP 2013)

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

52.223-6 Drug-Free Workplace (MAY 2001)

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

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

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

52.227-1 Authorization and Consent (DEC 2007)

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

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

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

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items ( MAR 2015)

52.245-1 Government Property (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I

(SEP 1996)

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

52.253-1 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)

452.236-73 Archeological or Historic Sites (FEB 1988)

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-3. AGAR 452.209-71 Assurance Regarding Felony Convictions or Tax Delinquent Status for

Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in section As prescribed in 25.1102(d)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of

FAR clause 52.225-11.

s 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability https://acquisition.gov/far/current/html/Subpart%2025_11.html#wp1078063 https://acquisition.gov/far/current/html/52_223_226.html#wp1193406 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.

I-4. FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of…