AG-0489-S-10-0030_yakutat-road-storage_amend2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 62

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Two (2) January 14, 2010

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

USDA Forest Service EROC - Northwest 16400 Champion Way Sandy, OR 97055

USDA Forest Service EROC - Northwest 16400 Champion Way Sandy, OR 97055

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

AG-0489-S-10-0030

Recovery Yakutat Road Storage

9B. DATED (SEE ITEM 11)

11/27/2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

copies to the issuing office.

Amendment Two changes the solicitation format from a Construction Request For Quotations to a Service

Request for Quotation template.

The solicitation close date is extended to February 1, 2010 at 2:00 pm

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Pacific Time.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Tonya Rymer, Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

1/14/2010 (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

AG-0489-S-10-0030

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/27/2009 342090

1 1

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

USDA FOREST SERVICE

10/29/2009

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY

OR 97055

503 668-1703TONYA RYMER

12/28/2009 1000 PS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

TAS::12 1102::TAS ARRA Project No. RECOVERY Yakutat Road Storage (Revised with Amendment Two) This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

001 TAS::12 1102::TAS ARRA Project No. CIM-1005-12R Yakutat Road Storage Product/Service Code: Z222 Product/Service Description:

MAINT-REP-ALT/HWYS-RDS-STS-BRDGS-RA

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

RECOVERY Yakutat Road Storage PAGE 3

TABLE OF CONTENTS

YAKUTAT ROAD STORAGE RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

• SECTION A -SF-18

• 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 Yakutat Road Storage PAGE 4

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Yakutat Road Storage Yakutat Ranger District

Tongass National Forest

B-1 SCHEDULE OF ITEMS (REVISED 1/14/10)

Item Number

Description

Unit

Estimated Quantity

Unit Price Total

1 15101 Mobilization LS 1

2 807(2) Excavator, Medium Sized Hour 500

3 84101 Seeding & Fertilizing Acre 2

TOTAL

Vendor Name: Phone

Signature: Fax Address: Email City, State, Zip: TIN# Duns#

RECOVERY Yakutat Road Storage PAGE 5

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL SPECIFICATIONS

C.1.1 Scope of Contract

The intent of the contract is to stabilize existing roads near Yakutat in the Tongass National Forest. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to maintain the facilities in accordance with the typical drawings and specifications.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.1.2 Description and Location

The work to be performed includes constructing cross drains, excavating and placing stumps and woody slash, excavation and barrier construction with locally available gravel.

All work will take place on single lane forest roads near Yakutat in southeast Alaska. See the attached vicinity map (Section J). There is twice monthly ferry service and regularly scheduled barge services to Yakutat.

The Contractor shall leave all work areas in a clean and orderly manner at the close of each business day, while the work is in progress, and upon completion of the project. The contractor shall be responsible for disposing of any installed equipment affected by the project.

C.2 Special Project Specifications and Forest Service Supplementation

The following specifications and supplementations to FP-03 are herby made part of this solicitation and any resultant contract.

Preface Preface_wo_03_15_2004_m

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

101 - Terms, Format, and Definitions 101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_nat_us_06_16_2006

RECOVERY Yakutat Road Storage PAGE 6

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

mp Milepost ppm Part Per Million

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

http://www.nist.gov/�

RECOVERY Yakutat Road Storage PAGE 7

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

RECOVERY Yakutat Road Storage PAGE 8

102 - Bid, Award, and Execution of Contract 102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work 103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work 104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005 Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

105 - Control of Material 105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

106 - Acceptance of Work 106.07_nat_us_05_11_2004

RECOVERY Yakutat Road Storage PAGE 9

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill.

Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

• Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

• Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

• Exact time and location of spill including a description of the area involved.

• Containment procedures.

• Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

• Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

RECOVERY Yakutat Road Storage PAGE 10

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract.

Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

108 - Prosecution and Progress 108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment 109.00_nat_us_02_17_2005

109 Deletions

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

155 - Schedules for Construction Contracts 155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

156 - Public Traffic 156.00_nat_us_04_17_2007

Delete Section 156 in its entirety and replace with the following:

RECOVERY Yakutat Road Storage PAGE 11

156.01 This work consists of controlling and protecting public traffic adjacent to and within the project.

Material

156.02 Conform to the MUTCD and the following Sections and Subsections:

Construction sign panels 633 Retro-reflective sheeting 718.01 Temporary concrete barrier 618 Temporary plastic fence 710.11 Temporary traffic control devices 718.22

156.03 General. Unless otherwise provided for in Table 156-1, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will adequately accommodate traffic. Delays may not exceed 15 minutes at any one time followed by an open period of no less than 30 minutes.

Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan has been approved. Post construction signs and traffic control devices in conformance with MUTCD. All required signs will be in place and approved prior to beginning work on project.

If the Contractor agrees in writing to allow public traffic to use a new road being constructed prior to completion, it will be considered an existing road for traffic control purposes.

156.04 Temporary Traffic Control. Install and maintain temporary traffic control devices adjacent to and within the project as required by the approved traffic control plan and the MUTCD. Install and maintain traffic control devices as follows:

(a) Furnish and install traffic control devices before the start of construction operations.

(b) All detours outside of clearing limits will be approved in writing by the Contracting Officer as part of the traffic control plan.

(c) Install only those traffic control devices needed for each stage or phase.

(d) Relocate temporary traffic control devices as necessary.

(e) Remove devices that no longer apply to the existing conditions.

(f) Immediately replace any device that is lost, stolen, destroyed, or inoperative.

(g) Keep temporary traffic control devices clean.

(h) Remove all temporary traffic control devices upon contract completion or when approved.

(i) When required, use flaggers certified by the American Traffic Safety Services Association, the

National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags. Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.

156.06 Acceptance. Public traffic work will be evaluated under Subsection 106.02.

Measurement and Payment

156.07 Do not measure Public Traffic for payment. Compensation is made as an indirect payment.

156.03_nat_us_02_24_2005

RECOVERY Yakutat Road Storage PAGE 12

156.03 Accommodating Traffic During Work.

Delete the following from the last paragraph:

according to Subsection 106.07(b)

156.08_nat_us_02_24_2005

156.08 Traffic and Safety Supervisor.

Delete this subsection in its entirety.

251 - Riprap 251.03_nat_us_08_05_2009

Construction Requirements

251.03 General.

Place riprap under or adjacent to structures before placing prefabricated superstructure units or constructing superstructure falsework unless otherwise approved by the CO.

Add the following:

807 Equipment Rental

807.01 Service Required

Furnishing and operating equipment.

807.02 Performance Standard

Make equipment available for inspection and approval before use. Furnish the equipment specified in the table below:

Max Age

Min

HP

Min Reach

Min Weight Capacity Attachments Remarks

Medium Size Crawler Excavator 1990 90 25Feet 30,000# 0.6 CY

Opposable thumb

Similar to Hitachi 150

Large Size Crawler Excavator 1990 30 Feet 75,000# 2.5 CY

Opposable thumb

Similar to Cat

Grader 1990 135 29,000# Ripper teeth

Moldboard at least 12 feet long

Crawler Tractor 1990

Similar in weight and HP

RECOVERY Yakutat Road Storage PAGE 13 to Cat D6

Dump Truck

Cubic Yard

Capable of towing lowboy trailer

Vibratory Roller 1990

Minimum weight 19,000#

Minimum 84” wide drum

Lowboy Trailer

Capable of hauling excavator or tractor or roller

807.03 Location of Work

As specified on roads listed on the ROAD LISTING, SHOWN ON THE PLANS, or as ordered by the Contracting Officer.

807.04 Acceptable Quality Levels

A. Keep equipment well maintained, free of leaks, capable of operating at least 90% of the time, and meet all state and federal regulations.

B. Equipment shall be operated by a fully trained, qualified, and competent operator at all times.

807.05 Measurement

A. The accepted quantities will be paid at the established hourly rate, rounded to the nearest half (1/2) hour, that the equipment is in operation.

B. Non-operable equipment or equipment dependent on another piece of non-operable equipment will not be paid for.

C. Hours of operation shall be the same as for the Service Provider’s regular work shift, unless otherwise directed in writing by the Contracting Officer.

D. Moving of equipment will be paid at the established hourly rate.

807.06 Payment

A. The accepted quantities will be paid at the contract price per unit of measurement for the Section 807 pay items listed in the schedule of items. Payment will be full compensation for the work prescribed in this Section.

PAY ITEM PAY UNIT

RECOVERY Yakutat Road Storage PAGE 14

807(1) Equipment, Type ________ Hour 807(2) Excavator, Medium Size Hour 807(3) Excavator, Large Size Hour 807(4) Grader Hour 807(5) Crawler Tractor Hour 807(6) Dump Truck Hour 807(7) Brush Cutter Hour 807(8) Drilling Rig Hour 807(9) Vibratory Roller Hour 807(10) Lowboy Trailer Hour

841 Seeding & Fertilizing

841.01 Service Required Apply vegetative treatments including seed, mulch, fertilizer or other products in designated areas. Apply seed and fertilizer to disturbed areas and ditches between April 15 and September 15. Do not seed during windy weather or when the ground is excessively wet, frozen, snow covered, extremely dry, cloddy, hard pan, or is otherwise not friable.

Application Methods for Seed and Fertilizer

Furnish the kinds of seed and the amounts to be applied in terms of pure live seed as follows:

Quantity of Pure

Kind of Seed Live Seed (Lbs/Acre)

1. Boreal Red Fescue* 8 2/3

2. Annual Ryegrass 8 2/3

3. Arctared Fescue* 8 2/3 Total 25

* If either Boreal red fescue or Arctared fescue are unavailable, Fawn Tall fescue may be substituted. If Fawn Tall Fescue is unavailable, then the amounts of the available two may be adjusted to total 100%. Seed mixture contains no more than 0.01% other seed, whether identified or not.

Apply seed by the dry or hydraulic method. Fertilizer shall be applied at a rate of 200 pounds of 10-20-10 fertilizer plus 100 pounds of urea per acre in all applications by the dry or hydraulic method.

841.02 Performance Standard

Treatment is complete when ordered quantities of vegetative treatment products have been appropriately applied to designated or Service Provider disturbed soil areas for full coverage.

841.03 Location of Work

As specified on roads listed on the ROAD LISTING, SHOWN ON THE PLANS, or as ordered by the Contracting Officer.

841.04 Measurement

RECOVERY Yakutat Road Storage PAGE 15

Measurement under this Section will be made by the total number of units for each item listed in the SCHEDULE OF ITEMS completed and accepted.

A. Mile: Work activity will be measured along the centerline of the road regardless of the number of lanes.

B. Acres: Work activity will be measured to the nearest one-tenth (0.1) acre.

841.05 Payment

A. The accepted quantities will be paid at the contract price per unit of measurement for the Section 841 pay items listed in the schedule of items. Payment will be full compensation for the work prescribed in this Section.

Pay Item Pay Unit 841(1) Seeding & Fertilizing Acres 841(2) Seeding & Fertilizing Mile 841(3) Seeding & Fertilizing Lump Sum

RECOVERY Yakutat Road Storage PAGE 16

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

52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001) 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/

52.242-15 Stop Work Order (AUG 1989)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from issuance of the Notice To Proceed through October 1, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

(a) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer’s Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used throughout the contract shall be interpreted to include the Contracting Officer’s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.2 LANDSCAPE PRESERVATION

(a) 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.

Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Do not allow wash water or waste water from concrete or aggregate operations 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.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier.

Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

1. Do not cross streams without Contracting Officer approval.

2. Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before instream work or creek crossings are planned.

3. Limit machine crossings to two times for all live streams not designated on the drawings as fish streams.

4. Do not leave temporary bridges or platforms in place between September 15 and March 15, unless approved in advance in writing by the Contracting Officer.

5. Obtain necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal Agencies:

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1. ADNR - Alaska Department of Natural Resources.

2. ADEC - Alaska Department of Environmental Conservation.

3. ADGC – Alaska Department of Governmental Coordination.

4. EPA – US Environmental Protection Agency.

5. DA, COE – US Army Corps of Engineers.

6. USCG – US Coast Guard.

H.3 USE OF PREMISES

No camp will be permitted for the project.

Obtain written permission through the Contracting Officer before any quarry, borrow pit, storage area, detour, or bypass site, including those SHOWN ON THE DRAWINGS, is opened or operated on National Forest land or lands administered by the Forest Service.

Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage. Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H.4 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas.

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

(a) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of

AASHTO HS20-44 Loading. Submit written requests to the CO for approval to use L90 and U80 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

(b) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4” of snow unless the road has been snowplowed.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H.5 ROAD MAINTENANCE REQUIREMENTS

Perform road maintenance work on the required roads in accordance with the following:

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(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders. Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace material eroded from fill slopes and clean out drainage ditches and culverts subject to the above equipment limitations.

Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H.6 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting

Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site.

Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 Axe, d.b chopping, 32-inch min. handle

16-20 1 1 2 3

Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32-inch min. handle 2 3 7 10 File, 10-inch mill bastard 1 1 1 2 Pumps, backpack cans, 5-gal filled with water

1 2 2 3

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

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(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4-pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H.7 MAINTENANCE FOR TRAFFIC

Other construction work may occur at the same time this project work will be performed. This may require a flexible work schedule which includes evenings and weekends. Contractor is responsible for coordinating work and road closures with others to minimize access conflicts. Specific road closure instructions at the following sites are as follows:

H.8 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB. 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements.

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Materials or equipment for which samples, certifications, or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.9 ACCIDENT PREVENTION (FAR 52.236-13)(NOV 1991)

(a) 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.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

H.10 OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.11 EQUIPMENT OPERATION AND SKILL

Operators shall have sufficient skill and experience to properly perform the work assigned to them. Any operator who, in the opinion of the Contracting Officer, does not perform the work in a proper, safe and skillful manner, will be removed and replaced within 24 hours by the Contractor upon written request of the Contracting Officer.

H.12 EQUIPMENT REQUIREMENTS

A. Excavators and other agreed upon equipment shall be furnished on a fully-operated basis, and in good operating condition.

B. The excavator furnished will be manufactured in 1999 or more recent.

C. Excavator shall be a crawler-mounted hydraulic excavator which meets the following minimum specifications (150 Hitachi Backhoe or equivalent).

a. Minimum bucket capacity of (0.60) cubic yards, with digging teeth and hydraulic thumb.

b. Crawler-mounted: Track width, 20-inch minimum.

c. Minimum operating weight of 23,600 lbs - 26,700 lbs

d. Minimum backhoe reach of 25 feet (horizontal).

D. All maintenance work and fueling of equipment shall be done in an area approved by the COR where no damage to the environment will occur. All preventative maintenance, lubrication and fueling of equipment will be done outside of work hours. Approved oil absorbent pads will be placed under all equipment and vehicles being serviced or fueled.

E. If the Contractor maintains storage facilities for oil or oil products on 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. The Contractor shall not store more than 500 gallons of oil or oil products on site. Dispensing of oil or oil products shall only be done within a designated area. Fuel nozzles shall not be left unattended. All hoses shall be rewound immediately upon completion of use. All fuel and oil storage will be in accordance with all State and Federal regulations

F. Pollutants such as fuels, lubricants, bitumens, sewage and other harmful material shall be controlled at the site and shall not be released into the environment. Wash water or waste waters from construction activities shall not be allowed to enter any stream or other waters. All contaminated soil, vegetation or debris resulting from the Contractor's operation shall be immediately contained and within 24 hours shall be removed from the National Forest at the Contractor's expense. Contractor shall furnish sorbent pads and loose sorbent material as follows: for each fuel or service vehicle, maintain in the vehicle a minimum of 100 sorbent pads and 100 pounds of particulate sorbent material. For all other equipment, maintain in the vehicle a minimum of 25 sorbent pads. Sorbent pads shall be heavy weight, minimum size 18” x 18” or as approved by the COR/Contracting Officer. All Federal, State, County, and Local regulation are to be followed.

G. Prior to the start of construction, the Contractor shall submit to the CO/COR, the names and telephone numbers of persons responsible for emergency response. If such persons cannot be reached in an emergency, the Forest Service shall take action to alleviate the emergency at the Contractor's expense.

H. The Contractor shall remove all job related trash and refuse from the site.

I. All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants

RECOVERY Yakutat Road Storage PAGE 26 and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements, or is determined to be in any way unsafe or non-functional, shall be rejected.

J. If equipment is rejected or becomes inoperative, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 48 hours. If the Contractor is unable to repair or replace the equipment within 48 hours, equipment may be released. Payment for move-out will not be allowed for the rejected piece of equipment.

K. The Government shall not be liable for loss, damage, or destruction of equipment furnished under hourly rental except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

L. All repairs to equipment under this agreement shall be made and paid for by the Contractor. Repairs shall be made promptly and equipment returned to use within 48 hours unless otherwise agreed. In lieu of repairing equipment, Contractor may furnish similar replacement equipment within the time specified.

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applicable if contract exceeds $30,000)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.216-7 Allowable Cost and Payment (DEC 2002) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 5252.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (FEB 2007) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (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) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-3 Changes -- Time-and-Materials or Labor-Hours (SEP 2000) 52.244-2 Subcontracts (JUN 2007) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-9 Use and Charges (JUN 2007) 52.249-6 Termination (Cost Reimbursement) (MAY 2004) Alternate IV (SEP 1996) 52.253-1 Computer Generated Forms (JAN 1991) http://www.usda.gov/procurement/policy/agar.html�

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AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 AGAR 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $92,300. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

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.