AG-0489-S-09-0053_chipseal-rd32.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)

299582

US FOREST SERVICE

US Forest Service

EROC Northwest 16400 Champion Way Sandy, OR 97055

TONYA RYMER (503) 668-1739

1x 10/26/2009

AG-0489-S-09-0053

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

TAS::12 1102::TAS RECOVERY CHIPSEAL ROADS 32 AND 33.

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

Section F.2

11/25/2009

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

Continued...

TABLE OF CONTENTS

CHIPSEAL ROAD 32 AND 33 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 Chipseal Road 32 and 33 AG-0489-S-09-0053

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Contract BASE ITEM Road No. 32 Road Name Bonaparte

Length (Miles) 6

Item Number Description

Method of Meas. Unit Quantity Unit Price Total

15101 Mobilization CQ Lump Sum

1.00 $_______ $________

40901 Surface treatment aggregate, designation 1C CQ Ton

640.00 $_______ $________

40905 Cutback asphalt grade MC-800 CQ Ton

82.00 $_______ $________

63390 Install Project Funding signs (includes post) CQ Each

4.00 $_______ $________

63509 Flaggers CQ Hour 25.00 $_______ $________

TOTAL BASE ITEM: $________

Contract OPTION ITEM 1 Road No. 33 Road Name Box Canyon

Length (Miles) 3

Item Number Description

Method of Meas. Unit Quantity Unit Price Total

40901 Surface treatment aggregate, designation 1C CQ Ton

225.00 $_______ $________

40905 Cutback asphalt grade MC-800 CQ Ton

28.00 $_______ $________

63390 Install Project Funding signs (includes post) CQ Each

4.00 $_______ $________

63509 Flaggers CQ Hour

15.00 $_______ $________

TOTAL OPTION ITEM 1: $________

TOTAL BASE ITEM AND

OPTION ITEM 1: $________

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (FEB 1988)

Forest Service Road Chip Seal, Bonaparte Road 3200 (Base Item) and Box Canyon Road 3300 (Option Item). The project work consists of bituminous asphalt chip seal application on the existing Forest Service Road(s). The chip seal application shall be a single chip layer with MC-800 cutback asphalt.

Both roads have an existing bituminous cement (asphalt) surface.

(Base Item) Chip seal application on the existing Forest Service Road 3200 shall be approximately 6.0 miles long with an average width of 16 feet.

(Option Item) Chip seal application on the existing Forest Service Road 3300 shall be approximately 3.0 miles long with an average width of 11 feet. All items listed in the Schedule of Items under Road 3300 shall be optional.

Contractor shall provide all labor, tools, materials, and equipment necessary to perform all chip seal 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.

Contractor shall also provide certified flaggers in accordance with the standard specifications for the duration of the project.

Prior to beginning work on this project, temporary construction signing and Government furnished Project Funding signs shall be installed. Temporary construction signing shall be removed after completion of project, Project Funding signs shall remain in place and will be removed by the Government. Location for the Project Funding signs will be marked by the Contracting Officer’s Representative.

All other work and materials shall be considered incidental to and included in the payment for the items shown.

C.2 PROJECT LOCATION

The project is located on the Tonasket Ranger District of the Okanogan & Wenatchee National Forests in Washington State. The project is located on Bonaparte Road 3200, and Box Canyon road 3300. The project is approximately 20 miles East of Tonasket, WA via State route 20 and county road 4953. The 3200 road project begins at the end of county road 4953 at the forest boundary and ends at the intersection with County road 9480. The 3300 road project is located approximately 2.35 miles from the beginning of road 3200.

C.3 SPECIFICATIONS

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, 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.

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

Standards Specifications for Available online at Construction of Roads and Bridges http://www.wfl.fha.dot.gov/design/specs/fp03.htm On Federal Highway Projects FP-03 U.S. Customary Units

ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

AASHTO Standards American Association of State Highway and

Transportation Officials 341 National Press Building Washington, D.C. 20024

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

C.4 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C.5 PRODUCT SAMPLES AND/OR SUBMITTALS

The following product samples and/or submittals are required for this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

Section 409 - Asphalt Surface Treatment

(FP-03)

40901 40905

21 days

C.6 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No Time of Government Approval After Submittal

Section 409 - Asphalt Surface Treatment

(FP-03)

40901 40905

See Table 409-4, Sampling & Testing Requirements, FP-03, pp 276.

C.7 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73

(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.

C.8 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS FP-03 U.S. CUSTOMARY UNITS

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

(a) Section 100 through 149 of the Standard Specification and all other Standard or Supplemental Specifications shown in the specification listing 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 in Section C.

(b) See the following for the specification lists and supplemental specifications.

C.09 STANDARD SPECIFICATIONS

101 - Terms, Format, and Definitions 102 - Bid, Award, and Execution of Contract 103 - Scope of Work 104 - Control of Work 105 - Control of Material 106 - Acceptance of Work 107 - Legal Relations and Responsibility to the Public 108 - Prosecution and Progress 109 - Measurement and Payment 155 - Schedules for Construction Contracts 409 - Asphalt Surface Treatment 633 - Permanent Traffic Control 635 - Temporary Traffic Control 703 - Aggregate 718 - Traffic Signing and Marking Material

C.10 SUPPLEMENTAL SPECIFICATIONS

101.01 Meaning of Terms

101.01 Meaning of Terms

101.03 Abbreviations.

101.04 Definitions.

102 Bid, Award, and Execution of Contract

103 Deletions 104 Deletions

104.06 Use of Roads by Contractor

105.02 Material Sources.

105.02(a) Government-provided sources.

105.05 Use of Material Found in the Work.

106.07 Delete

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

108 Delete.

109 Deletions

109.02 Measurement Terms and Definitions.

155 Delete.

409.02 Material.

409.06 Weather.

409.06 Date & Time.

409.08 Asphalt Application.

409.10 Fog Seal.

409.11 Single Course Surface Treatments.

Table 409-1 Approximate Quantities of Material-Single Course Surface Treatment Table 409-2 Approximate Quantities of Material – Double Course Surface Treatments Table 409-3 Approximate Quantities of Material – Triple Course Surface Treatments ..

409.13 Acceptance.

Table 409-4 Sampling and Testing Requirements.

633.02 Material

633.03 General

633.05 Panels

635.03 General.

703.05 Subbase, Base, Surface Course, and Screened Aggregate.

703.10(e) Flakiness Index.

703.10(i) Adherent Coating.

Table 703-2 Correction Table 703-2 Correction Table 703-7 Target Value Ranges

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 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 Supplemental Specifications.

E.3 CONFORMITY WITH PLANS 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 Plans, 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/

52.242-14 Suspension of Work (APR 1984)

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 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 15 calendar days after receiving 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 JULY 2010. 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.

F.3 SUSPENSIONS OF WORK 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 be 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 its 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 an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or 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 task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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

G.2 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 FAR clauses “52.245-1 -- Government Property”, or “52.245-9 -- Use and Charges” as applicable.

Item No. Description Quantity Delivery Date

63309 Project Funding Sign, Posts and Hardware 8 August 17 2009

G.3 POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within approximately 15 days after the date of contract award. The conference will be held at the Okanogan Valley Office of the Okanogan-Wenatchee National Forests, 1240 S. Second Ave, Okanogan, WA, 98840.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 POTENTIAL SAFETY HAZARDS

(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.

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

[x ] Heavy equipment operation.

[ x] Fire hazards.

[x ] Hazardous materials handling.

[x ] Electrical hazard.

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

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

[ ] Other __________________________________

H.2 INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial 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.3 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H.4 AIRCRAFT USE

The Contractor shall advise the Contracting Officer of any intent to utilize aircraft in the performance of this contract at least 30 calendar days prior to planned use. Special requirements will apply to all work associated with aircraft, including compliance with a Project Aviation Safety Plan and current Forest Service guidelines for aviation management.

H.5 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H.6 PHYSICAL DATA (FAR 52.236-4) (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 Plans and in the specifications are the result of site investigations by <> .[insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels.]

(b) Weather conditions <> .

[Insert a summary of weather records and warnings]

(c) Transportation facilities <> .

[Insert a summary of transportation facilities providing access from the site, including information about their availability and limitations.

(d) <> .[Insert other pertinent information]

H.7 LANDSCAPE PRESERVATION

The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure 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.

Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan.

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

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility.

All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water.

Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas flagged on the ground or beyond two feet from edge of walkways, top of cuts, or toe of fills.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

(f) Prior to the start of construction the Contractor shall submit to the Engineer for approval a schedule and plan for temporary pollution control measures for the following phases of work:

H.8 VALUE ENGINEERING

Value engineering change proposals which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

The following work is excluded from consideration under the Value Engineering clause:

NONE.

H.9 PRODUCT SUBSTITUTION

Any modification of 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.10 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are listed as access to this project.

Road Number

Name Termini Description of Authorization Restrictions or Requirements See Road Rules

Maintenance Required

3200000 Bonaparte MP 0.0 to MP 6.0 Rock Haul, only Monday thru Friday

None

3300000 Box Canyon MP 0.0 to MP 5.0 Rock Haul, only Monday thru Friday

None

If the Contractor requests use of a National Forest road or segment not designated for 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.

The roads authorized for use are subject to the following provisions:

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 of vehicles or equipment in excess of State legal highway loads or posted limits without valid State or Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may otherwise be provided in the contract.

3. 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.

4. Unless otherwise provided, the Government will not snowplow roads for the Contractor's use.

The Contractor may snowplow any road designated for its use, unless snowplowing of the road is prohibited below or in the Road Rules Document. On roads where snowplowing is authorized, a permit defining snowplowing requirements is required. The Contractor will be responsible for repair of any damage to the road structure caused by the snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average uncompacted depth of more than 4 inches of snow unless the road has been snowplowed.

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. Barricades and other 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 project crosses or coincides with an existing road or trail.

H.11 TANK TRUCK

In addition to the requirements under Fire Precautionary Measure 1 – Tank Truck (Section J), a tank truck is required during all contract operations.

H.12 CONTROL OF MATERIAL

D Storage and 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 the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

E Earthwork Tolerances: 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 Plans, indicated in the specifications, or designated on the ground.

"Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

H.13 CONSTRUCTION STAKES, LINES, AND GRADES

(a) The Forest Service has marked with flagging and/or wire flags the project centerline. Portions of the project to be reconstructed will be staked by the Forest Service. The flags, wire flags, hubs, and stakes constitute the field control from which the Contractor shall execute the work, and shall be left in place until the Engineer approves their removal.

(b) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Plans or stated in the specifications. This work is incidental to the pay items.

(c) If any construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the Engineer. If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(d) In case of any construction changes, the Contractor shall cooperate with the Engineer and facilitate the prompt reestablishment of the field control for the adjusted work.

H.14 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between <600> a.m. and <600> p.m., Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(c) Blasting Precautions and Methods - The Contractor shall comply with State and Federal laws in regards to transportation, storage and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads or trails. Detonation of explosives will be restricted to <> day through <> day inclusive between <> a.m. and <> p.m.

(d) The use of mechanized equipment such as power saws, power rock drills, motorcycles, and bicycles, is prohibited within the wilderness.

H.15 SANITATION REQUIREMENTS

Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in road construction or in removing timber under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

H.16 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

H.17 PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C.

470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified.

Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect <> all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.

H.18 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

Not Applicable

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

H.19 Project Construction and Completion Schedule

Project construction is scheduled for July 2010.

H.20 OPTIONAL ITEM

Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate offers for award by adding the total price for all options to the total price for basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The contractor is to provide all information required in Section B of the solicitation (Supplies or Services Prices/Costs) for all items listed in the base contract and all items listed in the optional work.

The government will provide the contractor with a thirty day written notice of intent to execute the optional item(s). Government reserves the right to exercise the optional item(s) until July 1, 2010. The Government may elect to exercise any or all of the options at the discretion of the Contracting Officer.

Any option that the Government elects to exercise will include all the work listed under that option.

When the Government exercises optional work, the price provided by the contractor at time of solicitation is the contract price for that work. The Contracting Officer will modify the Contract Completion Date to extend the date as follows:

Option 1 – No additional days will be added to the contract performance time as the Government has provided sufficient contract performance time to accomplish the base and the option item if awarded.

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) 52.222-3 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

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) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (AUG 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 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.2 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I.3 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

http://fedgov.dnb.com/webform

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR…