AG-0489-S-10-0340 sol package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0340

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/19/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

378100

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

9. FOR INFORMATION

CALL:

A. NAME

Shirley Cochran

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

503 668-1445

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 Umatilla National Forest Deferred Road Maintenance

Umatilla National Forest, Wallowa County, Oregon

Technical Contact: Marilyn Johnson @ (541) 278-3785

The estimated amount of this project is between $250,000 and $500,000.

11. The Contractor shall begin performance within10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 4/20/2010 (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 is, 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)

Solicitation: AG-0489-S-10-0340 PAGE 1 of 78

Umatilla National Forest Deferred Road Maintenance

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork at the prices specif ied below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government w ithin 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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

US Forest Service; EROC Northwest 16400 Champion Way

Sandy, OR 97055

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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 perf orm all work, requisitions identified on this form and any continuation sheets f or the consideration slated 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 specif ications or incorporated by reference in or attached to this contract.

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 Williams

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Solicitation: AG-0489-S-10-0340 PAGE 3 of 78

TABLE OF CONTENTS

UMATILLA NATIONAL FOREST DEFERRED ROAD MAINTENANCE

UMATILLA 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 CLAU SES

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

Solicitation: AG-0489-S-10-0340 PAGE 4 of 78

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Umatilla National Forest Wallowa County

B-1 SCHEDULE OF ITEMS

Project:

Umatilla National Forest Deferred Road Maintenance Project Walla Walla Ranger District

Umatilla National Forest

Wallowa County, Oregon

(American Recovery & Reinvestment Act Project)

SCHEDULE OF ITEMS

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

15101

Mobilization

Lump Sum

ALL

15707

Bales Weed Free Straw (GFM)

Each

20102

Clearing and grubbing, disposal method J

20204

Special clearing and grubbing, ROADSIDE BRUSHING

Mile

23.7

20207

Removal of individual trees, disposal of tops and limbs F, logs F, stumps N/A

20301A

Removal METAL CULVERTS

20301B

Removal CATTLEGUARD

20420

Drainage excavation, type DRAIN

DIP

Solicitation: AG-0489-S-10-0340 PAGE 5 of 78

25104

Keyed riprap, class 3

Cubic Yard

30322

Road reconditioning, compaction method B

Mile

34.4

30358

Recondition, CATTLEGUARD

32209-A

Aggregate surface course, grading S, compaction method H (Placement on Rd 62 at 4” compacted depth)

Ton

23,000

32226

Grid-roll maximum size 8”, compaction method I

Cubic Yard

61910

Replace CATTLEGUARD

65101

Pit and Quarry Development

TOTAL ALL ITEMS

* - Cubic Yards for Item 32226 Grid Rolled Aggregate shall be measured in the hauling vehicle.

** - Item 32209 Crushed Aggregate shall be weighed.

Solicitation: AG-0489-S-10-0340 PAGE 6 of 78

OPTION ITEMS:

Award based on availability of funding

Option1 32209-B

Aggregate surface course, grading S, compaction method H (Note: Placement of additional 2” compacted depth on Rd 62)

13,000

Option 2

32001

Stockpiled aggregate, subsection SURFACE COURSE, grading S

13,000

** - Item 32209 Crushed Aggregate shall be weighed.

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Vendor Name

Phone

Signature:

FAX

Address:

Email

City, State, Zip TIN#

DUNS#

Solicitation: AG-0489-S-10-0340 PAGE 7 of 78

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

Base Items:

Successful offerer (contractor) on this contract shall perform a variety of deferred maintenance and reconstruction work on approximately 34 miles of aggregate surfaced forest roads on the Umatilla National Forest.

Work includes, but is not limited to, reconditioning of roadbeds, shoulders and ditch lines, removal and haul of unsuitable ditch and roadbed material, felling and stabilization of Marked

Danger trees, clearing, grubbing, and/or brushing of roadsides, removal and disposal of undersized metal culverts, and reconstruction or construction and rocking of Drain Dips.

Work includes pit development and crush, haul and placement of surface aggregate on 10.7 miles of Rd 62.

Contractor shall recondition two existing cattleguards including supply and replacement of the wings, and installation of Government-furnished Hazard markers to MUTCD standard.

Contractor shall remove and dispose of the designated cattleguard on Rd 62 MP 15.95. The deck shall be salvaged and delivered to Forest Service Warehouse, 1411 SE Byers, Pendleton, OR. The removed base (timber), wings, and miscellaneous pieces become property of

Contractor and shall be removed from Government land and legally disposed of.

Replacement shall be with a new commercially-available precast concrete base, metal wings, and metal deck. The cattleguard shall be suitable for use by off highway/overweight vehicles

(H25/HS25 loading), and be 16 ft x 8 ft. The new base and cattleguard shall be installed in the existing location. When finished the newly installed cattleguard shall match the new finished elevation of Rd 62 AFTER placement of Crushed Aggregate. The new cattleguard shall be painted yellow.

Project also includes the following reconstruction work on Forest Road 6222:

1.MP 5.73 – MP 6.05: Removal of excess roadbed fill and re-establishment of road template on approximately 1200 feet of slump and slide area, construction and rocking of Drain dips, and removal and disposal of one 12‖ diameter metal culvert. Erosion control measures are required. Work on this segment shall only occur during the instream work window of July 15 th through September 15 th

2.MP 7.47 & 7.60: Establishment of Turn-arounds (two) at the designated Mileposts, junctions of an existing road that has been closed for a number of years. Work includes clearing and grubbing, shaping and finishing to required dimensions, and placement of grid rolled aggregate. Slash generated by work shall be hauled to and piled in designated Disposal site on Rd 6222 MP 1.07.

Contractor shall be required to post and maintain MUTCD-Standard warning signs. Besides Operating P lan, Contractor shall provide a site specific Safety & Traffic Control P lan, P it

Development Plan, and Hazardous Spill P lan.

Solicitation: AG-0489-S-10-0340 PAGE 8 of 78

Government shall stake initial work locations prior to start of work: Staking shall be with orange top lathe with Milepost notation. Contractor shall maintain staking.

Optional Items: Additionally, as funding is available, successful offerer may be awarded either or both of the following items:

1. Item 32209-B: Crush, Haul & Place an additional 2 inches compacted Grading S aggregate on Rd 62 from MP 8.9 to MP 19.6 for total of 6 compacted inches in all.

2. Item 32001: Crush and stockpile additional tonnage of Grading S aggregate.

Mobilization for these items shall be considered Incidental to the Base award.

C-2 PROJECT LOCATION

See Plans Sheet 2 Vicinity Map

From Pendleton, OR:

1. Proceed north on OR Highway 11 to junction of OR Highway 204 (to Tollgate &

Elgin): 20 miles.

2. Take OR Highway 204 east to Tollgate and junction with Forest Road 64 (to Jubilee Lake): 21 miles.

3. Follow Forest Road 64 towards Jubilee Lake to the junction of Forest Road 63: 15 miles.

4. Turn right onto Forest Road 63 and proceed ahead to Forest Road 62: 12 miles

5. Turn left onto Forest Road 62 and proceed ahead to beginning of project at MP 8.9 of Forest Road 62: 8.9 miles

From Elgin, OR:

1. From OR Highway 204, proceed north on County Road s42/140 to junction of County

Road 83 (Bowman Loop): 10 miles

2. Proceed ahead on Forest Road 63 to junction right with Forest Road 62: 6 miles

3. Turn right onto Forest Road 62 and proceed ahead to beginning of project at MP 8.9 of

Forest Road 62. (8.9 miles)

4. All other Project Roads intersect Forest Road 62 - See Road 62 Worklist for Mileposts.

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.

Solicitation: AG-0489-S-10-0340 PAGE 9 of 78

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

Solicitation: AG-0489-S-10-0340 PAGE 10 of 78

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 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

http://www.arnet.gov/far/

Solicitation: AG-0489-S-10-0340 PAGE 11 of 78

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):

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 October 29, 2010. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on July 1, 2010.

Solicitation: AG-0489-S-10-0340 PAGE 12 of 78

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 Wallowa-Whitman National Forest, Baker City, 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 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.

Solicitation: AG-0489-S-10-0340 PAGE 13 of 78

G-4 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.

Item No. Property

Description

Property Value Qty Location Date Available

1 Weed-free straw bales

$ 280 14 Forest Service

Warehouse 1411

SE Byers, Pendleton

At award

2 MUTCD-standard

Hazard Markers (for installation on 3

Cattleguards)

$180 12 Forest Service

Warehouse 1411

SE Byers, Pendleton

At award

Solicitation: AG-0489-S-10-0340 PAGE 14 of 78

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 CONTRACTOR'S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-2 SUBMITTALS

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Plan of Operations Section 105 5 days

Hazardous Spill Plan Section 107.10 5 days

Blasting Plans – General & Site Specific Section 205 3 days each

Pit Development Plan Section 651 5 days

Site specific Safety & Traffic Control Plan Safety clause At Prework

Material Certif ications See Specifications 10 days

H-3 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No.

Material Certif ications – Aggregate Gradation

Section 322

Commercially available Precast Cattle guard base

Section 601 & Section

106.03

Standard manufactured Cattle guard deck and steel

Section 555 & Section

106.03

Cattle guard, painting (Meet Paint system 4 or better)

Section 563 & Section

106.03.

Solicitation: AG-0489-S-10-0340 PAGE 15 of 78

H-4 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-5 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those

Forest Service roads designated below for performance of work under this contract.

Road No.

Termini

Authorizations, Restrictions &

Requirements

Maintenance Required

(Yes or No)

63 (From Elgin) Bowman Loop to Rd 62 See Umatilla Road Use

Rules: Looking Glass

Creek Bridge

No (access route)

64 (From Tollgate) OR Highway 204 –

Forest Road 63

See Umatilla Road Use

Rules

63 (From Tollgate) Forest Road 64 – Rd 62 See Umatilla Road Use

Rules

62 MP 8.9 – Forest Rd

Contractor may delay public traffic for up to

30 minutes with minimum of 15 minutes open time.

Project road

6200270 Rd 62 to MP 0.8 Contractor may close this road to public use during construction activities.

6200271 Rd 6200270 to Rd

6200270 MP 0.8 (end of

270 spur)

Contractor may close this road to public use

6200340

Rd 62 – Material Source Contractor may close this road to public use

Yes

Solicitation: AG-0489-S-10-0340 PAGE 16 of 78

6214 Rd 62 to end of road Contractor may delay public traffic for up to

30 minutes with

6217 Rd 62 to end of road Contractor may delay public traffic for up to

30 minutes with

6219 Rd 62 to end of road Contractor may close this road to public use

6222 Rd 62 to end of road Contractor may delay public traffic for up to

30 minutes with

MP 5.74 – MP 6.05:

Instream work window

July 15th to September

15th

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the

Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions.

1. The Road Rules in the current Umatilla National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest

Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest

Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits - All vehic les 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 District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under

36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue

Solicitation: AG-0489-S-10-0340 PAGE 17 of 78 additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-6 TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with current edition of Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identif ication signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-7 SAFETY

Although this listing is not all inclusive, the following general and specific hazardous conditions may be encountered on the Umatilla National Forest Deferred Maintenance Project that could lead to serious injury or loss of life

1. Traffic: Forest Road 62, the major arterial into the project area, is an aggregate surfaced forest road with a fairly wide roadway, numerous turnouts and pretty fair sight distance on the longer straight stretches. However, like most forest roads - and the other project roads - Rd 62 has a number of curves with limited sight distance, steep dropoffs, and hard objects such as trees and rocks next to the traveled way. At certain times of the year, cattle graze on this national forest land – open range applies. The project roads in this contract also access popular hunting and dispersed camping sites providing scenic driving opporunities along the edge of a popular Wilderness, access to multiple trailheads, and ―shortcuts‖ between local communities. As a result, contractors can expect to encounter a variety of vehicles from motorcycles and bicycles to RVs and pickups with camper, log trucks and dump trucks, and horse and ATV trailers using the roads in the project area.

2. Contractor Operations & Equipment: Working with heavy equipment is inherently dangerous due for multiple reasons, including, but not limited to:

1. Limited cell phone and radio coverage: Communications in isolated areas are spotty at best; help is NOT a phone call away.

2. Long distances for aid: Injured individuals are miles, and in some cases, hours away from medical assistance;

3. Unforgiving landscape: Steep ground and generally lack of ―recovery‖ room on forest roadways may increase severity of injuries even at relatively low speeds;

4. Public and contractor users driving faster than road design;

Solicitation: AG-0489-S-10-0340 PAGE 18 of 78

5. Public drivers unfamiliar with area, or sightseeing, may drive slower than anticipated or erratically.

Contractors shall provide a project-specific Safety and Traffic Control plan at the post-award conference for all work activities (felling, equipment operation, blasting and crushing for example). Safety signing, barricades, fencing, and traffic control in compliance with Manual on Uniform Traffic Control Devices (MUTCD) shall be required.

H-8 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

1. Note to contractors: Overload permits take up to 30 days to review and process.

2. Project Roads except 6200270, 6200271 and 6200340 (Material Source access) shall be kept open for public use. However, contractor may delay vehicles up to 30 minutes with minimum open period of 15 minutes. Safety signing shall be in accordance with

MUTCD. With appropriate signing, Roads 6200270, 6200271, and 6200340 (Material Source access) may be closed to public use for Contractor activities.

3. Reconstruction items on Rd 6222 MP 5.75 – MP 6.05 shall occur ONLY from July 1 5th through September 15 th , the Grande Ronde In-stream work window.

4. Water for project use from Bear Creek Water Source at Road 62 MP 11.42 shall be suspended when water flow is 5 ccf or less. The Government is responsible for monitoring this and notifying the Contractor.

Inherent hazards of working in the Forest include

Traffic hazards Heavy equipment operations hazards

Narrow Gravel or native surface forest roads

Long down grades

Logging & other commercial traffic and public traffic

Visitors not used to forest road driving

Dusty conditions hindering visibility behind vehicles

Mixed motorized traffic (ATVs) on some roads

Backing up equipment without spotter

High db noise levels

Steep side slopes or soft ground for rollovers

Spill and fire potential during refueling

Exceeding equipment limitations

Unsafe equipment / lack of safety equipment

Operator fatigue

Slope or trench wall instability

Work environment hazards Truck Driving & Trailer Towing hazards

Inclement weather for potential hypo/hyperthermia

High winds that can bring down trees

Wet, snowy or ice conditions making ground unstable

Insects, plants, animals

Increased stopping distance

Load lashing/tie downs coming loose due to rough road

Low clearances (power lines)

Narrow turnouts & roadways

Solicitation: AG-0489-S-10-0340 PAGE 19 of 78

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.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federa l 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 (JUN 1999)

52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004)

Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) http://www.usda.gov/procurement/policy/agar.html

Solicitation: AG-0489-S-10-0340 PAGE 20 of 78

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 Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984)

Solicitation: AG-0489-S-10-0340 PAGE 21 of 78

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I-2 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(Mar 2009)

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

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

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

(a) Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

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

(EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Solicitation: AG-0489-S-10-0340 PAGE 22 of 78

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ―Active‖. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

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

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

CCR database.

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

http://fedgov.dnb.com/webform

Solicitation: AG-0489-S-10-0340 PAGE 23 of 78

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

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

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

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

(g) (1)

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

(A) Change the name in the CCR database;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or cha nge-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the

Solicitation: AG-0489-S-10-0340 PAGE 24 of 78 meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer

(EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

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

I-4 FAR 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar

2009)

(a) Definitions. As used in this clause—

“Contract,‖ as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements;

letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see

FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009

(Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘

(FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

http://www.ccr.gov/

Solicitation: AG-0489-S-10-0340 PAGE 25 of 78

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor‘s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financia l Accounting Standards No. 123 (Revised 2004)

(FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at.

https://www.federalreporting.gov/federalreporting/home.do

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government‘s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

https://www.federalreporting.gov/federalreporting/home.do

Solicitation: AG-0489-S-10-0340 PAGE 26 of 78

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor‘s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act.

This narrative should be cumulative for each calendar quarter and only address the impact on the contractor‘s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor‘s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor‘s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts

(and subcontracts), loans, grants (and subgrants) and cooperative agreements;

and

(B) $25,000,000 or…