AG-0489-S-10-0060_kruzof-trail.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)

340035

US FOREST SERVICE

USDA Forest Service

EROC Northwest 16400 Champion Way Sandy, OR 97055

TONYA RYMER (503) 668-1703

x

11/27/2009

AG-0489-S-10-0060

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

TAS::12 1102::TAS RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION

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

Reinvestment Act of 2009.

Note: Bid bonds must be original and received by time of solicitation closing.

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.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F.2

12/28/2009

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

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

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

KRUZOF ISLAND OHV TRAIL RECONSTRUCTION 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 KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 2

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

SITKA District Tongass National Forest

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

BASE BID ITEMS

15101

Mobilization

Each

22001.1

Trail Reconstruction (2200’ – 2’ thick X 8’ Wide Shotrock Layer On The Trail West Of Iris Creek Bridge, Includes 4 Turnouts and 4 Steel Culverts Installed - 12”Ø x 20’)

LS

22001.2 Trail Reconstruction (2000’ – 2’ thick X

8’ Wide Shotrock Layer On Trail, North Shelikof Beach Trail, Includes 4 Turnouts)

57001.1 Install 80’ Steel Trail Bridge, Design/Construct MP 4.759 Road 7590, Includes Removal of Old Bridge, Approaches, Riprap, Etc.

57001.2 Install 20’ Steel Trail Bridge, Design/Construct MP 0.323 Road 7591, Includes Removal of Old Bridge, Approaches, Riprap, Etc.

64001

Waterbar Construction - As Staked Along Road 7590 MP 0.1 To MP 5.0 & Road 7591 MP 0.1 To MP 1.92

Each

65101.1 Pit Development (3000 CY Each Pit) Each 2

BASE BID TOTAL

Total

OPTION ITEMS

65101.2 Additional Pit Development (2000 CY –

Pit @ MP 5.12 Road 7590)

LS 1

65101.3 Additional Pit Development (2000 CY –

Pit @ MP 1.42 Road 7591)

22001.3 Trail Reconstruction (1000’ – 1’ thick X

8’ Wide Layer of Shotrock Trail Starting @ MP 0.116 Road 7591)

22001.4 Trail Reconstruction (1300’ – 1’ x 8’

Wide Layer of Shotrock Trail Starting @ MP 2.0 Road 7591)

22001.5 Trail Reconstruction (1100’ – 1’ thick X

11’ Wide Layer of Shotrock Trail Starting @ MP 4.0 Road 7590)

22001.6 Trail Reconstruction (500’ – 1’ thick X

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 3

11’ Wide Layer of Shotrock Trail Starting @ MP 3.5 Road 7590)

LS 1 $______ $________

65101.4 1” Minus Crushed Gravel - Stockpile 600 CY (Store @ Pit @ MP 1.42 Road 7591, Gravel Is Additional From Used In Trail, Contractor Option – Crush, Screen, Or Import)

65101.5 1” Minus Crushed Gravel - Stockpile 600 CY ( Store @ Pit @ MP 5.12 Road 7590, Gravel Is Additional From Used In Trail, Contractor Option – Crush, Screen, Or Import)

22101.1 Construct a 6” thick X 8’ Wide Layer of

Compacted Gravel (1’ Minus) Atop The New Reconstructed 8’ Wide Shotrock Trail (2200’ Trail West Of Iris Creek Bridge, Includes 4 Turnouts)

22101.2 Construct a 6” thick X 8’ Wide Layer of

Compacted Gravel (1’ Minus) Atop The New Reconstructed 8’ Wide Shotrock Trail (2000’ Trail, North Shelikof Beach Trail, Includes 4 Turnouts)

22101.3 Construct a 6” thick X 8’ Wide x 1000’

Long Layer of Compacted Gravel (1’ Minus) Atop The New Reconstructed Shotrock Trail, Starting @ MP 0.116 Road 7591)

22101.4 Construct a 6” thick X 8’ Wide x 1300’

Long Layer of Compacted Gravel (1’ Minus) Atop The New Reconstructed Shotrock Trail, Starting @ MP 2.0 Road 7591)

22101.5 Construct a 6” thick X 11’ Wide x 1100’

Long Layer of Compacted Gravel (1’ Minus) Atop The New Reconstructed Shotrock Trail, Starting @ MP 4.0 Road 7590)

22101.6 Construct a 6” thick X 11’ Wide x 500’

Long Layer of Compacted Gravel (1’ Minus) Atop The New Reconstructed Shotrock Trail, Starting @ MP 3.5 Road 7590)

TOTAL ALL ITEMS

Total

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03

109.01 unless otherwise noted.

Vendor Name: Phone

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

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 4

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 SCOPE

a. Description:

Kruzof Island OHV Trail Reconstruction project consists of installation of shotrock and crushed aggregate lifts with turnouts, four steel culverts, and 74 waterbars at specified locations on existing roads and trails; the development of two rock quarries; and the installation of two Contractor design/build steel trail bridges.

b. Location:

The project is located on the Kruzof Island trail system (Roads 7590 and 7591 and North Shelikof Beach Trail) beginning in Mud Bay on Kruzof Island approximately 14 miles by boat from Sitka, Alaska.

Sitka is accessible by boat, commercial aircraft, barge, and the Alaska State Ferry system. Mud Bay on Kruzof Island is accessible by boat and fixed wing float equipped aircraft.

c. Price Range: $250,000.00 - $500,000.00

C.2 Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03.

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

ISBN 0-16-051430-4

The FP-03 U.S. Customary version is only available through the Federal Lands Highway Headquarters office:

Headquarters Washington DC David K. Green Construction Standards Engineer Internet: David.Green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington D.C. 20590

Or available on line at http://www.wfl.fha.dot.gov/design/specs/

C.3 Safety and Public Notification

Warning signs will be placed at the proper locations to warn the public of road work. All signs shall meet the minimum requirements as established by the Manual of Uniform Traffic Control Devices (MUTCD), 2003 edition. A notice of where and when the public might expect delays due to project work will be posted in Sitka at several publicly located bulletin boards, at Mud Bay, at the North Beach http://www.wfl.fha.dot.gov/design/specs/�

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 5

cabin, at Shelikof Trailhead, and will be supplied to the Outfitter/Guide operating on the trail system during their operating season.

C.4 Damage to Structures

The Contractor shall be held liable for any damage caused by his/her personnel or equipment to any existing bridges, ditches, culverts, signs, or riprap at culvert inverts. Repair of structures damaged by the Contractor's operations, shall be the Contractor's responsibility at no cost to the Government.

C.5 Special Project Specification and Forest Service Supplementation

101 - Terms, Format, and Definitions (as supplemented herein)

102 - Bid, Award, and Execution of Contract (as supplemented herein)

103 - Scope of Work (as supplemented herein)

104 - Control of Work (as supplemented herein)

105 - Control of Material (as supplemented herein)

106 - Acceptance of Work (as supplemented herein)

107 - Legal Relations and Responsibility to the Public (as supplemented herein)

108 - Prosecution and Progress (as supplemented herein)

109 - Measurement and Payment (as supplemented herein)

155 - Schedules for Construction Contracts (as supplemented herein)

220 - Trail Reconstruction

570 - Steel Trail Bridge

640- Waterbar Construction

651 - Development of Pits & Quarries (as supplemented herein)

705 – Rock (as supplemented herein)

718 - Traffic Signing and Marking Material (as supplemented herein)

SPECIAL NOTE: The above is a list of major specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 6

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.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 7

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 8

SECTION F--DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract 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 365 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 9

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.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 10

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 Acontractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.2 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) Section H - Special Contract Requirements

(b) Special Project Specifications (Latest date highest precedence)

1. Tongass NF. Special Project Specifications

2. Region 10 Special Project Specifications

(c) Standard Specifications

(d) Drawings

1. Drawings, figured dimensions over scaled dimensions

2. Drawings, large scale contract drawings over small scale contract drawings

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

H.3 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.

During mobilization of bridges ensure alder trees displaced or removed do not interfere with trail drainage.

(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.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 11

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 creek crossing is planned. Two machine crossings will be permitted between June 1_and July 15 for all streams designated on the drawings as fish streams. Outside of this time period, no machine crossings will be permitted if fish eggs are present in the gravel or adult fish are present in the stream; otherwise two machine crossings will be permitted.

3. Limit machine crossings to two times for all live streams not designated on the drawings as fish streams with pipes 48” and larger to be installed.

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

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:

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.4 USE OF PREMISES

(a) Obtain written approval from the Contracting Officer before opening or operating on National

Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

1. Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 12

2. Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

3. Ensure that the design, operation, and maintenance of all solid waste systems under Forest

Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

4. 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.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following informationon this plan:

1. Location and size of the proposed camp development, including a 2.

map.

Wastewater

3. Number of people who will use the site and proposed dates of occupancy.

system.

4. Power supply system.

5. Water supply system.

6. Building layout, shop area, living quarters.

7. Road and trail layout.

8. Clearing limits and slash disposal locations.

9. Borrow areas.

10. Dock and access location.

11. Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan.

12. Incinerator location and ash disposal plan.

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.5 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 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 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.

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(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.

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.6 ROAD MAINTENANCE REQUIREMENTS

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

(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.7 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.

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 14

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.

(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

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 15

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.8 CONSTRUCTION STAKES, LINES, AND GRADES

Contractor's Responsibilities:

Perform all construction staking in accordance with the requirements of Section 152 except for the following item(s):

The Government will mark the clearing limits around rock borrow sources on National Forest Land.

Government will provide staking of waterbars at outlet point. Turnouts to be constructed will be staked at beginning and end of taper to trail. Additional staking required by, and installed by, the Contractor will be incidental to the construction of the pay item.

H.9 DISPOSAL OF MERCHANTABLE TIMBER

All timber meeting Forest Service merchantability standards logged during prosecution of this contract, remains the property of the Government. Deck logs in the immediate vicinity in accordance with Section 201 of the specifications.

Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece shall be 6” in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

Trim allowance shall be a maximum of 12” for log lengths up to 40 foot. An additional 2” of trim shall be allowed for each 10 foot of log length over 40 foot.

Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

All dead trees which are sufficiently tall to reach the roadbed are designated for cutting. Fell other fire-dangerous dead trees or unstable live trees within 200 foot slope distance of the center line of the road, when marked by the Forest Service. Treat all timber under this subsection meeting utilization standards in accordance with Specification 201 Subsection 201.04, unless relieved in writing.

Cut and use timber designated by the Contracting Officer for construction, without charge.

H.10 LOCAL MATERIAL SOURCES

Designated rock sources for this project are shown on sheet 2 of the Drawings:

Road 7590 MP 5.12 & Road 7591 MP 1.42.

Submit a development plan to the CO for approval prior to commencing any development activities.

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H.11 ACCESS TO THE PROJECT

The project is located on the Kruzof Island trail system which is accessible from Mud Bay approximately 14 miles by boat from Sitka, Alaska. Sitka is accessible by boat, fixed wing aircraft, barge, and the Alaska State Ferry system. Mud Bay on Kruzof Island is accessible by boat and fixed wing float equipped aircraft.

H.12 GOVERNMENT FURNISHED MATERIALS

The contractor is to provide all materials, labor, transportation, and facilities for work on this project.

The government is not furnishing any materials, labor, transportation, or facilities.

H.13 OPTIONAL ITEMS

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). The Government reserves the right to exercise the optional item(s) until March 31, 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. There will be no extension of contract time with the award of any of the options.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.214-27 Price Reduction for Defective Cost or Pricing Data – Modifications – Sealed Bidding

(OCT 1997)

52.214-28 Subcontractor Cost or Pricing Data – Modifications – Sealed Bidding (OCT 1997) 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�

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 18

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 (JUN 2007)

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 19

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (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 52.204-7 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)

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 20

(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.

(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).

http://fedgov.dnb.com/webform�

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 21

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient

RECOVERY KRUZOF ISLAND OHV TRAIL RECONSTRUCTION PAGE 22

other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

http://www.ccr.gov/�

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To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of…