Solicitation_RFP.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0074

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

12/22/09

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

9. FOR INFORMATION

CALL:

A. NAME

Shannon Henriquez B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 360-956-2264

SOLICITATION

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

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

O’BRIEN CREEK AQUATIC ORGANISM PASSAGE AND BRIDGE CONSTRUCTION

OLYMPIC NATIONAL FOREST

PACIFIC RANGER DISTRICT, SOUTH AREA

GRAYS HARBOR COUNTY, WASHINGTON

Price Range: The Government’s estimate is between $1,000,000 and $5,000,000.

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving

FORMCHECKBOX

award, X notice to proceed. This performance period is FORMCHECKBOX mandatory, X negotiable. (*See Part I Section F.)

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

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

X YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

TEN (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2;00 P.M. (hour) local time 1/25/10 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee X is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS: PLACE AMOUNTS IN SECTION B

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

· Base Items

· Option Items

· Notes

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

· C-1 Scope Of Contract

· C-2 Project Location

· C-3 FAR 52.211-3Availability of Specifications or Product Descriptions Not Listed in the GSA Index of Federal Specifications and Standards

· C-4 Applicable Specifications and Material Certifications

· C-5 AGAR 452.211-73 Attachments To Statement Of Work/Specifications

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

· E-1 FAR 52.252-2 Clauses Incorporated by Reference

· E-2 AGAR 452.246-70 Inspection and Acceptance

· E-3 Inspection And Testing Performed By Government

· E-4 Conformity With Plans and Specifications

SECTION F - DELIVERIES OR PERFORMANCE

· F-1 FAR 52. 252-2 Clauses Incorporated by Reference

· F-2 FAR 52. 211-10 Commencement, Prosecution, And Completion Of Work

· F-3 Suspension of Work For Other Than Government’s Convenience

· F-4 Performance Milestones

SECTION G - CONTRACT ADMINISTRATION DATA

· G-1 Government Furnished Property

· G-2 Designation of contracting Officer’s Representative

· G-3 Post-Award Conference (AGAR 452.215-73)\

· G-4 Notification of Subcontracting

SECTION H - SPECIAL CONTRACT REQUIREMENTS

· H-1 FAR 52.236-4 Physical Data

· H-2 AGAR 452.236-77 Emergency Control

· H-3 Waste Sites, Fill Disposal Responsibility, Site Permits and Insurance

· H-4 Landscape Preservation

· H-5 Cleaning of Equipment

· H-6 Plan For Weather-Caused Suspension of Work

· H-7 Industrial Fire Precaution Levels

· H-8 Use of Premises

· H-9 Salvage Rights

· H-10 Value Engineering

· H-11 Product Substitution

· H-12 Final Cleanup

· H-13 Costing of Claims or Modifications

· H-14 Payment for Materials Delivered Off the Site

· H-15 Payments for Incidental Items

· H-16 Release of Performance and Payment Bonds

· H-17 Payment for Performance and Payment Security Expenses

· H-18 Order of Precedence – Construction

· H-19 Performance and Payment Bond Amounts with Option Items

SECTION I - CONTRACT CLAUSES

· I-1 FAR 52.252-2 Clauses Incorporated By Reference

· I-2 FAR 52.503-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

· I-3 FAR 52.204-7 Central Contractor Registration

· I-4 FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements

· I-5 FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

· I-6 FAR 52.222-54 Employment Eligibility Verification

· I-7 FAR 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods - Buy American Act - Construction Materials

· I-8 FAR 52.228-1 Bid Guarantee

· I-9 FAR 52.236-1 Performance of Work By the Contractor

· I-10 AGAR 452.228-70 Alternative Forms of Security

· I-11 FAR 52.217-7 Option For Increased Quantity – Separately Priced Line Item

SECTION J - LIST OF ATTACHMENTS

· List Of Attachments

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

· Note regarding VETS-100

· K-1 AGAR 452.219-70 Size Standard and NAICS Code Information

· K-2 FAR 52.204-8 Annual Representations And Certifications

· K-3 FAR 52.209-5 Certification Regarding Responsibility Matters

· K-4 FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

· K-5 FAR 52.219-28 Post-Award Small Business Program Representation

· K-6 FAR 52.223-13 Certification of Toxic Chemical Release Reporting

· K-7 Government Employees, Former USDA Employees And USDA Retirees

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

· L-1 FAR 52.252-1 Solicitation Provisions Incorporated By Reference

· L-2 FAR 52.216-1 Type Of Contract

· L-3 FAR 52.222-5 Davis Bacon Act – Secondary Site of the Work

· L-4 FAR 52.222-23 Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity for Construction

· L-5 FAR 52.225-22 Notice Of Required Use of American iron, Steel, and Other Manufactured Goods - Buy American Act - Construction Materials

· L-6 FAR 52.233-2 Service Of Protest

· L-7 FAR 52.236-27 Site Visit (Construction)

· L-8 Technical and Business Proposal

· L-9 AGAR 452.215-72 Amendments to Proposals

· L-10 Notice of Required Bid Guarantee

· L-11 Facsimile Bid Bonds Not Acceptable

· L-12 Proposal Submission Documents

SECTION M – EVALUATION FACTORS FOR AWARD

· M-1 FAR 52.217-5 Evaluation of Options

· M-2 Special Price Evaluation Factors

· M-3 Evaluation of Offers

· M-4 Award Determination

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Olympic National Forest

Pacific Ranger District

Grays Harbor County, Washington

BASE ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

LS

15201

15713

20105

62528

62901

63501

64804A

64802A Placed Streambed simulation rock, FRS class 1, method A

EA

64802B Placed Streambed simulation rock, FRS class 2, method A

EA

64802C Placed Streambed simulation rock, FRS class 3, method A

EA

GRAND TOTAL ALL BASE ITEMS:

OPTION ITEMS

GRAND TOTAL ALL OPTION ITEMS:

GRAND TOTAL ALL BASE ITEMS + ALL OPTION ITEMS:

DUNS NUMBER:

TAX IDENTIFICATION NUMBER (TIN):

OPTION ITEMS: Offerors must provide pricing for all items (all Base Items and all Option Items). See “OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEMS” in Section I, and “EVALUATION OF OPTIONS” in Section M. Also note special bid guarantee, performance bond and payment bond limits in Sections H, I and L.

If the government elects to exercise the Option Items it will be for the total quantity of all Option Items unless otherwise mutually agreed. Exercise of Option Items may be made by the government at any time after the effective date of notice to proceed.

Abbreviations:

LS = Lump Sum

FT = Foot

CY = Cubic Yard

EA = Each

LB = Pounds

SY = Square Yard

NOTES

BID Items: Offerors must bid on all items (all Base Items and all Options Items). If Offeror does not intend to charge for an Item, a price of 0” or “NO COST” should be shown.

Bond Premiums: Bond premiums shall be included under item 15101 Mobilization. See payment terms covered under specification section 151 Mobilization and the standard contract payment clauses.

Proposal Submission Documents: See Section L for a list of required Proposal Submission Documents and other instructions

Central Contractor Registration: Prior to any contract award Contractors must be currently registered in the Central Contractor Registration (CCR) System, which established Electronic Fund Transfer for payment purposed under federal contracts. See Section I (52.204-7).

Ref: http://www.ccr.gov Representation and Certifications: Contractors shall provide Representations and Certifications electronically via the On line Representations and Certifications Application (ORCA). See Section K (52.204-8) for requirements.

Ref: http//orca.bpn.gov Veteran Information: Contractors must register with VETS-100 for contracts awarded in excess of $100,000. See Section K (52.222-38) for requirements.

Ref: http://www.vets100.cudenver.edu

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1

SCOPE OF CONTRACT / DESCRIPTION OF WORK

O’Brien Creek Aquatic Organism Passage.

Project work consists of the following major items of work: Construction of a new bridge and foundations over a deep fill, roadway excavation and embankment, paving, removal of existing concrete box culvert & fish ladder; channel re-alignment and re-grading, placement of designed in-channel stream simulation material, placement of woody debris, haul of excavated material, and seeding and mulching.

The required bridge shall be completed suitable to be opened for traffic NO LATER THAN MAY 28, 2010. Completion of all other work shall be as expressed in Section F and elsewhere herein.

C.2

PROJECT LOCATION

This project is located on the Pacific Ranger District of the Olympic National Forest, Section 20, Township 21 N, R 9 W. near Humptulips Wa. It may be reached by traveling North from Hoquim Wa. on HWY 101 for approximately 24 miles to Forest Service Road No. 2200000 (Donkey Creek Road). Turn right from HWY 101 onto Forest Road 2200000, proceed on 2200000 for approximately 3.7 miles to the project.

a) Existing Conditions:

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

b) Weather Conditions:

Weather conditions suitable for ground excavation are normally expected in May through October. Rain, sometimes heavy, is normal throughout the winter, with periods of light to moderate snowfall. Night freezing is common throughout the winter and several periods of weeklong freezes are likely.

c) Operating Season: Inclusive dates during which operations are permissible.

NTP = Effective Date of Notice To Proceed

* NOTE: Road Closure at the bridge is limited from the effective date of Notice To Proceed through May 27, 2010.

Notes – Noise Limitation:

· Power Tools/2 Chainsaws - any power tools with noise output cannot exceed output of two operating chainsaws.

· Machinery/Car Traffic - any machinery with noise output is limited to noise output from normal vehicular traffic at site (e.g. small excavator/backhoe).

· Helicopter/Heavy Machinery - any machinery with noise output that is greater than normal vehicular traffic at site.

d) Pre-Proposal Conference:

No Pre-Proposal conference is scheduled. If a sufficient number of prospective offerors request a conference, one may be scheduled. Any significant additional information provided to any one party will be provided to all prospective offerors.

C.3 AVAILABILITY OF SPECIFICATIONS OR PRODUCT DESCRIPTIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS (FAR 52.211-3) (JUN 1988)

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects

FP-03

U.S. Customary Units Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

P.O. Box C700

100 Bar Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

Highway and Transportation Officials

444 North Capitol Street, NW

Suite 249

Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org

C.4

APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units.

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

The Forest Service Supplemental Specifications to the FP-03 are also given on the Specification List but are physically attached in Section J. All requirements contained on the Specification List are hereby made a part of this solicitation and any resultant contract.

(b) Product Substitution:

Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

Shop Drawings Submittals:

Submit the following shop drawings on this project (4 sets unless noted):

21 Days

(c) Material Certification, Testing Reports and Submittals:

& MUTCD Part 6

Fire Plan

106.03

Structural Steel Certified Test Results

a. Steel Specified by AASHTO Designation

b. Steel Specified by ASTM Designation 555.20

555.05 & 717.01

555.05 & Plans AASHTO M270 & Plans

ASTM A36 & Plans

21 Days

21 Days

713.04

713.05

(d) General Guidelines for Submittals:

Submittals are required by their corresponding specifications (basic reference & detailed requirement). Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include the following:

· Date and Revision Dates.

· Project Name and Contract Number.

· Names of Contractor, Subcontractor, Supplier, and Manufacturers.

· Field Dimensions and Relation to Adjacent Structures.

· Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical samples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected by (SEE (d) ABOVE).

C.5

ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-73)(FEB 1988)

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

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

(b) Inspection and acceptance will be performed on the project unless otherwise agreed to.

E-3

INSPECTION AND TESTING PERFORMED BY THE GOVERNMENT

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

E-4

CONFORMITY WITH PLANS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F-1

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) Alternate I(APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 (ten) 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 OCTOBER 30, 2010. The required bridge shall be completed suitable to be opened for traffic NO LATER THAN MAY 28, 2010. These completion dates shall remain firm in the event of exercise of Option Items. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by February 24, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F-3

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

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

F-4

PERFORMANCE MILESTONES

Project scheduling includes milestones as specified elsewhere [see Statement of Work]. The Contractor shall conform to these express performance milestones unless otherwise approved.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1

GOVERNMENT-FURNISHED PROPERTY

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

Property Item

Delivery Point

Time of Delivery

2010 Date Plate Site of Work

Upon request – prior to casting of curbs

G-2

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

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

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

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at a mutually agreed location.

G-4

NOTIFICATION OF SUBCONTRACTING

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

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

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

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

d. Documentation of the subcontractor's representative authority. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal work season:

Year Round Restricted work season:

October through May (due to heavy precipitation)

Normal fire season:

June through October

(c) Transportation facilities providing access to the site are identified elsewhere herein.

H-2

EMERGENCY CONTROL (USDA 452.236-77) (JUL 1985)

Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

H-3

WASTE SITES, FILL DISPOSAL RESPONSIBILITY, SITE PERMITS AND INSURANCE

A waste site it not available on US Forest Service Land for this project.

The successful offeror (contractor) is responsible for finding a suitable waste site off of Forest Service land for all waste material removed to complete the project. Rayonier Forest Resources L.P. has a waste site for earth materials located approximately one mile from the bridge site as marked in the plans for convenience. The offeror may contact Greg Nesgoda, a representative for Rayonier, at (360) 538-4562 for information on applying for a permit to waste earth material on Rayonier land.

The successful offeror (contractor) is responsible for payment to any or all waste site company(s) in the performance of the contract. Rayonier has quoted a flat rate of $35,000.00 to the project for earth stock piled in their waste site. The haul road will be maintained by the Contractor. The waste area will have weed free grass seed and straw applied to the site after use. Side slopes will not be steeper than 1 to 1. The waste area will be designated ahead of time.

Before commencing operations with Rayonier, the Contractor shall obtain and maintain during the term of the Contract the following insurance in amounts not less than stated:

Per Occurrence

General Liability $2,000,000

Automobile Liability 500,000

Loggers’ Broad Form 1,000,000

Rayonier Inc. and all of its subsidiaries shall be named as an additional insured party. In addition, RFR must be notified in writing thirty (30) days prior to cancellation of noted insurance.

H-4

LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

a. Contractor shall minimize sediment laden water from entering the stream. Install check dams and sediment fences as necessary to minimize the entry of silt-laden water into streams or other water bodies.

b. Dewater any live streams prior to culvert removal or other in stream work.

c. Seed and mulch all disturbed areas within 10 days of completing the project.

LANDSCAPE PRESERVATION

a. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

b. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

c. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams 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.

d. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H-5

CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements.

“Off-road Equipment” includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H-6

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval not later than two weeks after award of contract. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H-7

INDUSTRIAL FIRE PRECAUTION LEVELS

The Contractor shall comply with the operations restrictions in accordance with the Washington State Industrial Fire Precaution Level (IFPL) system. The IFPL system is used to help prevent wildfires by regulating work in the woods during the summer fire season.

The US Forest Service and the Washington DNR use the four-level industrial regulation system.

The Precaution Levels are:

Operation: Power Saws

Other Operations

This project is located in one of the following zones:

652NE

Northern portion of the Hood Canal RD

652SE

Southern portion of the Hood Canal RD

652NW

Northern portion of the Pacific RD

652SW

Southern portion of the Pacific RD

The Fire Precaution Class can be found at: http://www2.wadnr.gov/IFPL/ifpltoday.html or by calling 1-800-527-3305.

H-8

USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads designated below for performance of work under this contract.

Effective date of Notice To Proceed through May 27, 2010 None

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the Pacific District Ranger.

H-9

SALVAGE RIGHTS

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

H-10

VALUE ENGINEERING

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

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

NONE

H-11

PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including Government-Furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-12

FINAL CLEANUP

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

H-13

COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being cost, or of similar equipment. Comparable equipment rate publications may be used as mutually agreed. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

H-14

PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

H-15

PAYMENTS FOR INCIDENTAL ITEMS

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

H-16

RELEASE OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract including any applicable warranty period. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

H-17

PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-18

ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions (Sections K, L & M) (3) Special Contract Requirements (Section H) (4) Contract Clauses (excluding the specifications and drawings)(i.e. Section I) (5) Supplemental Specifications (6) Standard Specifications

(7) Drawings, figured dimensions over scaled dimensions

(8) Drawings, large scale over small scale

(9) Drawings – Schedules on drawings over notations on drawings

(10) Shop Drawings

(11) Other Documents, Exhibits, and Attachments

H-19

PERFORMANCE AND PAYMENT BOND AMOUNTS WITH OPTION ITEMS

The Contracting Officer, based on the contract clause entitled “Additional Bond Security (FAR 52.228-2) may require an increase in the penal sum of the bond if the option item(s) is (are) exercised after the initial award. The increase, if any, will be based on an amount no greater than the total contract price, as modified. The Contracting Officer reserves the right to maintain the penal sums based on the original contract amounts if Option Item additions are minimal, or if Base item performance completion is substantial.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (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 (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (MAR 2009) Alt I (MAR 2009) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 52.219-8 Utilization of Small…