AG-0489-S-10-0153 Sol 1 .Package_0125.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0153

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

02/05/2006

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

341990

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service

EROC Northwest

16400 Champion Way

Sandy, OR 97055

USDA Forest Service

EROC Northwest

16400 Champion Way

Sandy, OR 97055

9. FOR INFORMATION

CALL:

A. NAME

Robert Williams B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(503) 467-9247

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):

This Request for Proposal is issued under the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA).

TAS::12 1102::TAS -- RECOVERY Malheur N.F. Paving: Roads 17, 31, 3745 and 47

Techical Contact: COR Darren Lemon @ (541) 575-3018

The government estimate on this project is between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F.2.)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 03/09/2010 (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

FORMCHECKBOX

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

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

USDA Forest Service

EROC Northwest

16400 Champion Way; Sandy, OR 97055

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) Robert J. Williams

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

PAVING FOREST SERVICE ROAD’S 17, 31, 3745, AND 47

MALHEUR NATIONAL FOREST

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, EXHIBITS 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

· PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Paving Forest Service Road’s 17, 31, 3745, 47

Emigrant Creek Ranger District Malheur National Forest Harney County

B- 1 - SCHEDULE OF ITEMS FSR 17

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

15401

Contractor testing

Lump Sum

30304

Road reconditioning, ditch

Mile 8.05

40311b

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 2” overlay

Ton 14,668

41201

Tack coat grade _CSS1__

Ton

61908

Cattleguard modification

Each

63501

Temporary traffic control

Lump Sum

Subtotal

FSR 17

B- 1 - SCHEDULE OF ITEMS FSR 31

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

Lump Sum

Lump Sum

30322

Roadway reconditioning, compaction method _B__

Mile 6.6

32211

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 1.5” leveling course

Ton

40311

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 2.5” overlay

Ton 12885

41101

Prime coat, grade __MC-70___

Ton

Each

Lump Sum

Subtotal

FSR 31

B- 1 - SCHEDULE OF ITEMS FSR 3745

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

Lump Sum

Lump Sum

Mile 0.78

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 1.5” leveling course

Ton

Ton

Lump Sum

Subtotal

FSR 3745

B- 1 - SCHEDULE OF ITEMS FSR 47

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

Lump Sum

Lump Sum

Mile 5.67

32211

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 1.5” leveling course

Ton

State of OR asphalt concrete pavement, Level 2, MHMAC Mixture ½” Dense, PG 64-28, 1.5” overlay

Ton

Ton

Each

Lump Sum

Subtotal

FSR 47

Vendor Name

Phone

Signature:

FAX

Address:

Email

DUNS#

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.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

DESCRIPTION OF WORK

The Contractor shall be responsible for providing all labor, tools, material and equipment necessary to perform all work in strict accordance with the specifications and drawings. Payment for the contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown.

17 Road

This project consists of applying a 2” Hot Mix Asphalt Pavement overlay to Forest Road 17, between mile posts 2.11-4.09 and 5.06-11.13, which is a double lane road with an existing asphalt paved surface 28 feet wide. 15 feet of all approaches of other roads that have a paved surface shall have a 2” overlay. 2 large pullouts, which will be staked by the Government, shall have a 2” overlay. The road surface will be broomed by the Contractor prior to placing the tack coat. The Contractor will furnish hot mix asphalt pavement designated as the State of Oregon Level 2, MHMAC Mixture ½” Dense, PG 64-28, and all equipment necessary to apply the hot mix asphalt pavement. The hot mix asphal will be hauled by the contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for tack coat are 0.08 gallons/square yard of CSS1. The contractor shall provide sampling and testing according to the Specifications from a third party. The contractor will provide flaggers and pilot cars needed to control traffic during application of the hot mix asphalt pavement. Cattleguards that are to be modified are located at mileposts:

0.00

0.99

3.65

7.46

8.81

10.83

31 Road

This project consists of applying a 1.5”” Hot Mix Asphalt Pavement leveling course and a 2.5” hot mix asphalt pavement overlay to Forest Road 31, between mile posts 0.00-6.6, which is a double lane road with an existing aggregate surface 24 feet wide. The Contractor will furnish hot mix asphalt pavement designated as the State of Oregon Level 2, MHMAC Mixture ½” Dense, PG 64-28, and all equipment necessary to apply the hot mix asphalt pavement. The hot mix asphal will be hauled by the contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for prime coat are 0.2 gallons/square yard of MC-70. The contractor shall provide sampling and testing according to the Specifications from a third party. The contractor will provide flaggers and pilot cars needed to control traffic during application of the hot mix asphalt pavement. Cattleguards that are to be modified are located at mileposts:

0.01

0.53

5.72

3745 Road

This project consists of applying a 1.5” Hot Mix Asphalt Pavement leveling course to Forest Road 3745, between mile posts 0.00-0.78, which is a single lane road with turnouts, with an existing asphalt paved surface 16 feet wide. The road surface will be broomed by the Contractor prior to placing the tack coat. The Contractor will furnish hot mix asphalt pavement designated as the State of Oregon Level 2, MHMAC Mixture ½” Dense, PG 64-28, and all equipment necessary to apply the hot mix asphalt pavement. The hot mix asphal will be hauled by the contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for tack coat are 0.08 gallons/square yard of CSS1. The contractor shall provide sampling and testing according to the Specifications from a third party. The contractor will provide flaggers and pilot cars needed to control traffic during application of the hot mix asphalt pavement.

47 Road

This project consists of applying a 1.5” Hot Mix Asphalt Pavement leveling course and a 1.5” overlay to Forest Road 47, between mile posts 0.00-5.67 and the approach of Forest Service Road 37 for 625’, which is a double lane road with an existing asphalt paved surface 23 feet wide. The road surface will be broomed by the Contractor prior to placing the tack coat. The Contractor will furnish hot mix asphalt pavement designated as the State of Oregon Level 2, MHMAC Mixture ½” Dense, PG 64-28, and all equipment necessary to apply the hot mix asphalt pavement. The hot mix asphal will be hauled by the contractor, in vehicles that do not exceed Oregon Department of Transportation legal load limits. The estimated application rates for tack coat are 0.08 gallons/square yard of CSS1. The contractor shall provide sampling and testing according to the Specifications from a third party. The contractor will provide flaggers and pilot cars needed to control traffic during application of the hot mix asphalt pavement. Cattleguards that are to be modified are located at mileposts:

0.00

3.05

C-2

PROJECT LOCATION

1. The Forest Service 17 road project is located on the Blue Mountain Ranger District of the Malheur National Forest, about 37 miles South of John Day, Oregon. It can be accessed by turning south from John Day on US 395 for approximately 37 miles, and then turning East on Grant County Road 73, and continuing East on Road 73 for approximately 3 miles to the beginning of the project.

2. The Forest Service 31 road project is located on the Emigrant Creek Ranger District of the Malheur National Forest about 16 miles from Burns, Oregon. To access the site, turn North from US Highway 20 onto US Highway 395 about 3 miles Northeast of Burns and continue on US Highway 395 for approximately 13 miles where Forest Service Road 31 begins heading East off US Highway 395.

3. The Forest Service 3745 road project is located on the Emigrant Creek Ranger District of the Malheur National Forest about 36 miles from Burns, Oregon. To access the site, turn northwest from US Highway 20 onto Harney County Road 127 about 3 miles southwest of Burns and continue on Road 127 for approximately 27 miles to Forest Boundary where Road 127 ends, and Forest Road 47 begins, continue north on Forest Road 47 for approximately 6 miles to the Junction between Forest Road 47 and Forest Road 37, turn east on road 37 for approximately 1.5 miles to the beginning of the project.

4. The Forest Service 47 road project is located on the Emigrant Creek Ranger District of the Malheur National Forest about 30 miles from Burns, Oregon. To access the site, turn northwest from US Highway 20 onto Harney County Road 127 about 3 miles southwest of Burns and continue on Road 127 for approximately 27 miles to Forest Boundary where Road 127 ends, and Forest Road 47 begins.

C.3 AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.4 AGAR 452.211-73 Attachments To Statement Of Work/Specifications (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 Inspection and Acceptance (AGAR 452.246-70)

(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.

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) 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 __60___ calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on July 1, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1

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 the Headquarters of the Malheur National Forest, John Day, OR, or at the Emigrant Creek Ranger District Office, Burns, OR, or at an alternate location designated by the Contracting Officer.

G-2

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

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

G-3

SUPPLEMENTAL DEFINITIONS

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

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

b. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

G-4

NOTIFICATION OF SUBCONTRACTING

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

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

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

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

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

G-5

POST AWARD CONFERENCE

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1

POTENTIAL SAFETY HAZARDS

(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

Confined space entry.

Temporary excavation/deep trenching/slope stability.

Tree falling.

Fall hazard from work heights exceeding six feet.

Blasting.

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

Heavy equipment operation.

Tree climbing and/or tower climbing.

Fire hazards.

Hazardous materials handling.

Electrical hazard.

Hydraulic and/or pneumatic and/or other high pressure hazards.

Mechanical hazards such as pulleys, springs, etc.

Other: Steep Slopes H-2

INDUSTRIAL CAMPS

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

A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H.3

SUBMITTALS

The following shall be submitted on this project:

See Specifications

10 days

MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

See Specifications

H-4

SALVAGE RIGHTS

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

H-5

LANDSCAPE PRESERVATION

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

b. Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124, and then immediately notify the Contracting Officer.

1. Contractor shall have a SPILL RESPONSE KIT on the project whenever equipment is operating. The spill kit shall be sufficient to absorb 34 gallons of oil, designed to float on the surface, while absorbing oil and repelling water. The KIT shall meet or exceed the physical properties of “New Pig Products Spill Kit #408”.

2. Oil absorbing mats are required under all stationary equipment, or equipment being serviced within the Forest Boundary to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

3. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

4. Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

c. No objectionable material shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

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

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

H-6

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-7

PRODUCT SUBSTITUTION

A.

When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B.

Submit separate request for each substitution. Support each request with:

1.

Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a.

Product identification, including manufacturer's name and address.

b.

Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data c.

Samples, as applicable d.

Name and address of similar projects on which product has been used, and date of each installation.

e.

Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f.

Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g.

Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h.

Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1.

Itemized comparison of the proposed substitution with product specified; list significant variations.

2.

Data relating to changes in construction schedule.

3.

Any effect of substitution on separate contracts.

4.

List of changes required in other work or products.

5.

Accurate cost data comparing proposed substitution with product specified.

6.

Proposed amount of change to the contract.

7.

Designation of required license fees or royalties.

8.

Designation of availability of maintenance services, sources of replacement materials.

C.

Substitutions will NOT be considered for acceptance when:

1.

They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2.

They are requested directly by a subcontractor or supplier.

3.

Acceptance will require substantial revision of contract documents.

4.

Substitution has not been requested in accordance with this and related clauses.

D.

Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E.

Contracting Officer will determine acceptability of proposed substitutions.

F.

Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H-8

TANK TRUCK

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

H-9

CONTROL OF MATERIAL

a. Rights In and Use of Materials: The Contractor may use on the project suitable stone, gravel, or sand encountered in the excavation.

b. Excavation: Unclassified.

c. Material Sources:

1. Borrow sources, if needed, must be approved in advance by the Contracting Officer. Such borrow sources shall be restored to a natural appearance.

2. Native timber material used in construction shall not be taken within sight of any road or trail. Stumps resulting from tree cutting shall be no more than six (6) inches in height. All debris resulting from preparation of the native timber for use, shall be scattered not more than four (4) inches in depth and out of meadows, stream courses, lakes and ponds.

3. Rocks and mineral soil excavated within the normal excavation shall be conserved and used as needed.

d. Storage and Stockpiling of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

e. Local Disposal Sites: Designated disposal sites for this project are shown on the Plans.

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

H-10

CONSTRUCTION STAKES, LINES, AND GRADES

a. Portions of the project to be reconstructed will be staked by the Forest Service. The stakes identify site locations from which the Contractor shall execute the work, and shall be left in place until the Engineer approves their removal.

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

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

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

H-11

PROSECUTION OF WORK

a. Construction activity shall be limited to the hours between 6:00 AM and 6:00 PM, Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

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

c. Blasting Precautions and Methods - The Contractor shall comply with State and Federal laws in regards to transportation, storage and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads or trails. Detonation of explosives will be restricted to Monday through Friday inclusive between 10:00 AM and 3:00 PM.

H-12

SANITATION REQUIREMENTS

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

H-13

STATE PERMITS

Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the nonapplicability of PUC requirements.

H-14

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-15

PROTECTION OF CULTURAL RESOURCES

a. Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

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

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

H-16

PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND

SENSITIVE SPECIES

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

Not Applicable

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

H-17

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H-18

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. 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-19

ORDER OF PRECEDENCE--CONSTRUCTION

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

a. The Schedule (excluding the specifications), i.e., Sections A, B, D, E, F, G, and H.

b. Representations and other instructions, i.e., Sections K, L, and M.

c. Contract clauses, i.e., Section I.

d. Other documents, exhibits, and attachments, i.e., Section J.

e. Supplemental Specifications.

f. Standard Specifications, i.e., Section C (including FAR clauses).

g. Plans and Drawings

(1) Plans, figured dimensions over scaled dimensions.

(2) Plans, large scale contract plans over small scale contract plans.

(3) Schedules on contract plans over any conflicting notations on contract plans.

h. Shop drawings.

H-20

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-21

PAYMENTS FOR INDIRECT 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-22

RETURN 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. 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-23

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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 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 (JUN 1999)

52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $1 Million)

Alternate II (Oct 2001) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (APR 2008) (Applicable if > $1 Million)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (JAN 2010)

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)

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 (SEP 2007)

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 (FEB 1992)

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…