AG-0489-S-09-0051_road 9737 resurfacing.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

US FOREST SERVICE

USDA Forest Service

EROC Northwest 16400 Champion Way Sandy, OR 97055

TONYA RYMER (503) 668-1739

1x 10/19/2009

AG-0489-S-09-0051

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

TAS::12 1102::TAS RECOVERY Road 9737 Resurfacing.

This solicitation is issued under the provisions of the American Recovery and

Reinvestment Act of 2009 (ARRA).

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

Section F.2

11/17/2009

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

US FOREST SERVICE

TONYA R. RYMER

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

TABLE OF CONTENTS

ROAD 9737 RESURFACING RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

SECTION A -SF-1442

SECTION B – Supplies or Services and Prices/Costs (Schedule of Items) SECTION C - Descriptions/Specifications/Statement of Work SECTION D- Packaging, Marking and Layout SECTION E - Inspection and Acceptance SECTION F - Deliveries and Performance SECTION G - Contract Administrative Data SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I - Clauses incorporated by reference AGAR/FSAR and SPECIAL CONTRACT CLAUSES ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents SECTION L – Instructions to Offeror / Notices SECTION M – Evaluation Factors for Award

RECOVERY Road 9737 Resurfacing PAGE 3

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

(Road 9737 Resurfacing) Cle Elum Ranger District

Okanogan-Wenatchee National Forest Kittitas County

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

30109

Aggregate surface course, grading _D___, compaction method __D___ WSDOT 5/8” Top Course is an approved substitute

Ton

30322

Road reconditioning, compaction method _E_

Mile

2.14

TOTAL ALL ITEMS

Quantities shown are based on 2.14 miles of resurfacing. Additional work, up to a total project amount of 3.14 miles, may be awarded dependent on the availability of funding and the pricing received.

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 151.01 Mobilization.

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

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

RECOVERY Road 9737 Resurfacing PAGE 4

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

This project consists of resurfacing 2.14 miles of forest road with crushed aggregate. The existing road is single lane with turnouts. The work includes reconditioning the existing roadway including ditches, and providing and placing crushed aggregate surfacing. Contractor shall be responsible for providing all labor, tools, material, and equipment necessary to perform all work in strict accordance with the specification and drawings. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown. An additional 1.0 mile of resurfacing may be awarded.

The magnitude of construction for this acquisition is between $100,000 and $250,000.

C.2 Project Location

The project is located on the Cle Elum Ranger District of the Okanogan & Wenatchee National Forests.

The project is on the N.F. Teanaway Road 9737, approximately 10 miles northeast of Cle Elum, WA.

East from Cle Elum on SR 970 to the Teanaway Road (milepost 6.9), then north 13 miles to the end of the county road and the beginning of the project.

C.3 Description of Work

This project consists of a reconditioning and resurfacing 2.14 miles of single-lane (with turnouts) forest road with crushed aggregate.

C.4 Project Control

Contractor shall submit a proposed work plan, prior to beginning construction, for approval by the Contracting Officer, 30 calendar days have been allowed for the contract.

On-site project work may occur from 6:00 AM to 6:00 PM , Monday through Thursday, and from 6:00 AM to 12:00 on Friday.

Contractor is responsible for protecting workers from injury. Refer to FAR 52.236-13, Accident Prevention, for full text.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract.

Unless otherwise agreed, to prevent the introduction of seeds of noxious weeds onto National Forest land, Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegatative matter or other debris that could contain or hold seeds. Contractor shall employ whatever cleaning methods necessary to insure compliance with this provision, and shall

RECOVERY Road 9737 Resurfacing PAGE 5 notify the Forest Service prior to moving each piece of equipment onto National Forest land.

Upon request of Forest Service, arrangements will be made for Forest Service to inspect each piece of equipment prior to being moved onto National Forest land.

C.5 Technical Specifications

References to Standard Specifications in the contract refer to the U.S. Department of Transportation, “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects: FP-03 U.S. Customary Units,” hereafter refered to as FP-03, and are included by reference. The requirements contained in Section 101 through 158 are hereby made a part of this solicitation and any resultant contract.

Supplemental Specifications that amend FP-03 are given on the Supplemental List but are physically attached in Section J. The attachments to the Statement of Work and the Supplemental Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

Offerors can access the FP-03 specifications from the website below:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

C.6 FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

RECOVERY Road 9737 Resurfacing PAGE 6

C.7 FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Description Standards (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specifications Address Standard Specifications for Construction An online pdf. file of FP-03 can be found at:

of Roads and Bridges on Federal http://www.wfl.fha.dot.gov/design/specs/fp03.htm Highway Projects Hardcopies of FP-03 can be obtained for a fee by.

FP-03 U.S Customary Units calling: (866) 512-1800 May 5, 1999 Pub. No. FHWA-FLH-03-002

C.8 Specification List

ROAD

NUMBER

REVISED

101 - Terms, Format, and Definitions X FP03

101.01 Meaning of Terms X 2/17/2005

101.03 Abbreviations and Symbols X 2/17/2005

101.04 Symbols X 2/22/2005

102 - Bid, Award, and Execution of Contract X FP03

102.00 Delete 102 in its entirety X 2/16/2005

103 - Scope of Work X FP03

103.00 Intent of Contract X 2/16/2005

104 - Control of Work X FP03

104.00 Deletions to 104 X 2/17/2005

104.06 Use of Roads by Contractor X 2/17/2005

105 - Control of Material X FP03

105.02 Material Sources X 5/11/2004

105.05 Use of Material Found in the Work X 5/12/2004

106 - Acceptance of Work X FP03

106.01 Conformity with contract Requirements X 7/31/2007

106.07 Partial and Final Acceptance X 5/11/2004

107 - Legal Relations and Responsibility to the Public X FP03

107.05 Responsibility for Damage Claims X 5/11/2004

107.06 Contractor Responsibility for Work X 4/27/2005

RECOVERY Road 9737 Resurfacing PAGE 7

107.09 Legal Relationship of the Parties X 5/11/2004

107.10 Environmental Protection X 2/23/2005

108 - Prosecution and Progress X FP03

108.00 Delete Section 108 in entirety X 2/16/2005

109 - Measurement and Payment X FP03

109.00 Deletions X 2/17/2005

109.02 Measurement Terms and Definitions X 2/23/2005

109.03 Weighing Procedures and Devices X 2/17/2005

151 - Mobilization X FP03 153 - Contractor Quality Control X FP03

153.04 Records X 10/24/2007

204– Excavation and Embankment X FP03

204.11 Compaction X 4/11/2005

301-Untreated Aggregate Courses X FP03

301.03 General X 9/14/2005

301.04 Mixing and Spreading X 3/03/2005

301.05 Compacting X 5/17/2005

301.06 Surface tolerance X 3/03/2005

301.08 Table 301-1 Field Density Requirements X 2/07/2007

301.08(b) Plasticity Index X 3/30/2005

301.08 Table 301-1—Acceptance and Testing Requirements X 3/03/2005

301.10 Payment X 3/03/2005

303—Road Reconditioning X FP03

303.01 Work X 3/802/2005

303.05 Roadbed Reconditioning X 8/21/2008

703 - Aggregate X FP03

703.05 Subbase, Base, & Surface Course Aggregate X 5/17/2005

RECOVERY Road 9737 Resurfacing PAGE 8

SECTION D--PACKAGING AND MARKING

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

RECOVERY Road 9737 Resurfacing PAGE 9

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

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

RECOVERY Road 9737 Resurfacing PAGE 10

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/

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract 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 30 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

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

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek that will be approved is 40 hours.

F.4 Suspension for Other than Government 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 no be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

RECOVERY Road 9737 Resurfacing PAGE 11

F.5 Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Section Ref Submittal Due Schedule of Work Section F Prior to Notice to Proceed Job Specific Safety Plan Section H Prior to Notice to Proceed Copy of Required Insurance coverage Section H Prior to Notice to Proceed Notification of Subcontracting Section G Prior to subcontractor start Fire Plan/Camping Permit Section J Prior to Notice to Proceed Release of Claims Form Section I Prior to final payment

RECOVERY Road 9737 Resurfacing PAGE 12

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 WA Use Tax Clause for Construction Contracts

The Contractor is liable for Use Tax, in accordance with State of Washington Code 458-20-173, Sub-paragraph (8), which states: “Thus the use tax applies to all property provided by the federal Government to the Contractor for installation or inclusion in the contract work as well as to all Government provided tooling”.

G.2 Supplemental Definitions

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the

“change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

F. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

J. Inspector - The person(s) appointed in writing by the Contracting Officer’s Representative to conduct and document inspections according to contract specifications and provisions. The inspector’s authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance.

K. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

L. Materials - Any substances for use in the construction of the project and its appurtenances.

M. Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

N. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

O. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

RECOVERY Road 9737 Resurfacing PAGE 13

P. Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Q. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

R. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

S. Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

T. Utility Services - Are services such as electricity, gas, steam, water and sewage.

U. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G.3 Designation of Contracting Officer's Representative

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. The name will be on the purchase order or designated in a letter/form.

B. The Contracting Officer’s Representative is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the

Forest Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

RECOVERY Road 9737 Resurfacing PAGE 14

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

G.4 Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G.5 Public Officials Not Personally Liable

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

G.6 Pre-Work Conference

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

RECOVERY Road 9737 Resurfacing PAGE 15

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 observations and measurements.

B. Weather conditions: Typical for East Slopes of the Cascades and Central Washington. The elevation of this project is approximately 2600-2900 feet. Night temperatures below freezing may be expected at times during October. Occasional rain can be expected during October with snow possible in November..

H.2 WA Use Tax Clause for Construction Contracts

The Contractor is liable for Use Tax, in accordance with State of Washington Code 458-20-173, Sub-paragraph (8), which states: “Thus the use tax applies to all property provided by the federal Government to the Contractor for installation or inclusion in the contract work as well as to all Government provided tooling”.

H.3 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 compliance with reasonable and customary manufacturing and construction tolerance.

H.4 Warning Signs and Restrictions

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

H.5 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 signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other

RECOVERY Road 9737 Resurfacing PAGE 16 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.

Work segments shall be completed on a daily basis. Traffic may be delayed up to 1 hour. No road closures shall be permitted unless approved by CO.

H.6 Emergency Control

A. Contractor's Responsibility for Fighting Fire.

1. The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor' agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies.

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment form the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Change clause, or under an Emergency Equipment Rental Agreement. Payment will be made at not less then the current area rates established by the Government. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area are obtained.

NOTE: See Fire Plan Requirements referenced in Section J.

H.7 Legal Relations and Responsibilities

Contractor's Responsibility for Utilities - In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

H.8 Job Specific Safety Plan

Prior to the prework meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: fall protection, heavy equipment operation, permitted confine space entry, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

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H.9 Accident Prevention

The Contractor shall provide and maintain work environments and procedures, which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract. A Safety Plan will be requested before starting work.

H.10 Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

H.11 Landscape Preservation and Hazardous Materials

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, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

B: Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR 1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDS's) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

C: Operations 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, bitumen, 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 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.

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the

Project Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States and shall conform to Federal, State, and Local regulations.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure

RECOVERY Road 9737 Resurfacing PAGE 18

(SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

All petroleum products or other hazardous substances shall not be released on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by Contracting Officer or designated representative.

Contractor shall properly dispose of vehicle oil filters (drained of free-flowing oil), oily rags, and waste oil in accordance with Local, State, and Federal regulations off of Government property and shall transport such material in accordance with State and Federal regulations.

Contractor shall immediately take action to notify appropriate agencies including Contracting Officer, or designated representative, contain, and cleanup without expense to the Government, all petroleum products or other hazardous substance (as defined in 29 CFR 1910.120) releases on/or in the vicinity of the project of construction operations. Contractor shall be held liable for all damages and costs of additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and cleanup of petroleum products releases caused by Contractor’s employees or resulting from construction operations.

H.12 Contractor Camps

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No contractor camping will be authorized at these sites. A special use permit is required on National Forest land for contractor camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H.13 Use of Premises

A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements.

Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

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H.14 Use of Water

The Contractor may use water from the N.F.Teanaway River. Trucks may be filled at:

Rd. 9737 NE1/4, Sec 29, T21N, R16E

Dicky Creek bridge to right

Rd. 9737 MP 1.5 SW1/4, Sec 32, T22N, R16E

NF Teanaway Road to left

Rd. 9737 MP 3.0 SW1/4, Sec 29, T22N, R16E

At river

Pumping from other locations must be approved by the Contracting Officer. All pump intakes shall be equipped with a screen meeting the National Marine Fisheries Service criteria for mesh size (3/32 inch) and velocity.

H.15 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.

(3) The current National Forest Road Use Rules Document is 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 this contract.

H.16 Washing of Equipment

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weeds. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

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H.17 Product Substitution, Shop Drawings and Material Certification

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. All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H.18 Material Certifications and Testing Reports

The following material certifications and/or testing reports shall be submitted on this project: All aggregate quality, gradation, and compactionresults as required by Sections 301 and 703.

Noxious Weeds: All materials transported onto or incorporated into the work will be certified noxious weed free, either through visual inspection or commercial certification. The Contracting Officer may request written documentation of the methods used to determin the weed free status of any and all materials furnished by the contractor. Contractor-provided expertise and methods to establish weed free status must be appropriate for the weeds of concern in the local area.

A Forest Service weed specialist may inspect sources to determine weed free status. Provide the Contracting Officer written notification of proposed material sources 10 days prior to use. Written approval of the specific source will be provided to the contractor. If weed species are present in the proposed source, appropriate mitigation measures as requried by the Contracting Officer may allow conditional use of the source.

H.19 Payments for Incidental Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment for items shown.

H.20 Costing of Claims or Modifications

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs can be determined from the Contractor's accounting records.

Allowable ownership and operating costs for owned or rented equipment shall be determined from “The Construction Equipment Ownership and Operating Expense Schedule”, U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being priced, or of similar equipment. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

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H.21 Construction Stakes, Lines and Grades

A. The Government will set stakes marking the beginning of the full-width section for turnouts and curve widening .

B. These stakes 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 and other materials and supplies necessary.

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.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 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) http://www.usda.gov/procurement/policy/agar.html

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52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 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 (SEP 2009) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)…