Road4601 Solicitation 4-21-2010.pdf

ROAD 4601 RESURFACING/DRAINAGE PROJECT

DESCHUTES NATIONAL FOREST

REQUEST FOR PROPOSAL

SOLICITATION NUMBER AG-0489-S-10-0404

U.S. Department of Agriculture

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

TABLE OF CONTENTS

RECOVERY - ROAD 4601 RESURFACING/DRAINAGE PROJECT, Deschutes National Forest, Deschutes County, Oregon

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 � RECOVERY Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

� SECTION J – Attachments Attachment J-1: Project Drawings Attachment J-2: Special Project Specifications Attachment J-3: Davis Bacon Wage Determination Attachment J-4: Fire Requirements

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

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0404

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/21/2010

PAGE OF PAGES

1 of

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

355502

6. PROJECT NO.

7. ISSUED BY CODE 0489 8. ADDRESS OFFER TO

US FOREST SERVICE

EROC NORTHWEST

SANDY OR 97055

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

9. FOR INFORMATION

CALL:

A. NAME

AMY WONG/Greg Mustard

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

503-668-1436 / 503-668-1721

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):

TAS::12 1102::TAS RECOVERY – ROAD 4601 RESURFACING/DRAINAGE WORK, DESCHUTES NATIONAL FOREST, Deschutes County, Oregon

This contract will be funded and awarded under the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA).

Project Schedule: 120 days after Notice to Proceed.

Price Range: The magnitude of construction for this acquisition is between $100,000 and $250,000.

Contract Type: The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

Attachments: See Section “J” for a list of all attachments.

Technical point of contact is Chad Houchin who can be reached at (541) 383-5546 or e-mail at chouchin@fs.fed.us

Faxed proposals will NOT be accepted.

11. The Contractor shall begin performance within 10_ calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, 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.)

YES NO

12B. CALENDAR DAYS

TEN (10)

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 1500 (hour) local time ____5/24/2010______(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 30 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)

AG-0489-S-10-0404

Rd 4601 Resurfacing/Drainage Project

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 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

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

1. 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 0489 27. PAYMENT WILL BE MADE BY

US FOREST SERVICE

EROC NORTHWEST

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 __1__ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for 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 specifications 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)

MONTY BELL

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

SCHEDULE OF ITEMS

NOTE: Before preparing your quote, read instructions and review the attachments carefully.

Insert a Unit Price and Total for each item. The offeror must offer on all items.

Item No. Description

Method of Measurement

Unit

Est.

Quantity

Unit Price Total

15101 Mobilization LSQ 1 ALL

20102 Clearing and Grubbing LSQ 1 ALL

30801A Aggregate Surface Course, Compaction Method B CQ 2741 CY

30801B Aggregate Surface Course, Compaction Method B CQ 1809 CY

30805A Bedding and Backfill Aggregate, Compaction Method B CQ 10 CY

30805B Bedding and Backfill Aggregate, Compaction Method B CQ 70 CY

60201 18 Inch Pipe Culvert -- 120 Foot

63501 Temporary Traffic Control LSQ 1 JOB

FBO Destination TOTAL

OPTIONAL ITEMS

20420 Drainage Excavation, Type Drain Dip and

Lead Off Ditch, Improve 17 EA

FBO Destination TOTAL

GRAND TOTAL of all pay items NOTE: Bond Premiums: Bond payments shall be included under item 15101Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Name and address of Offeror: _________________________ _

Name and title of person authorized to sign offer:

Signature: ______________________________________ Date: ___________

Email: ___________________________Telephone________________________

TIN# ___________________________ DUNS # __________________________

Check completed: Registered in ORCA and CCR.

SECTION C--DESCRIPTION/SPECIFICATIONS

C-1 SCOPE OF CONTRACT

This project is for the resurfacing and drainage work at the beginning 3.8 miles of Forest Service (FS) Road 4601 on the Deschutes National Forest. This project includes but is not limited to mobilization, clearing, brushing, hazard tree felling, hauling of excess and unsuitable material, drainage improvements including new ditch relief pipe installation/construction and existing drain dip maintenance, applying a leveling course of aggregate, applying a surface course of aggregate and the necessary traffic control to complete the work.

Optional Items may or may not be awarded.

C-2 PROJECT LOCATION

The project is located approximately 10 miles west of Bend, Oregon on the Bend/Fort Rock Ranger District on the Deschutes National Forest. Access to the project area is gained by County Road 4601 (Skyliners Road) from Bend, Oregon. The work will be performed on the beginning 3.8 miles of Forest Service (FS) Road 4601. The government provided water source for this project will be Tumalo Creek on Road 4603.

C-3 SCHEDULE

120 days after Notice to Proceed (NTP).

C-4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

FEDERAL HIGHWAY PROJECTS (FP-03) (2003)

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) and Forest Service Supplemental Specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract. These Standard Specification can be viewed and printed from the following website:

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C-5 MATERIAL CERTIFICATIONS, INVOICES AND TESTING REPORTS

Materials associated with pay items will require certification and/or testing reports submitted to the Contracting Officer’s representative.

DESCRIPTION SPECIFICATION SECTION TIME ALLOWED FOR

GOV’T REVIEW AFTER

SUBMITTAL

Corrugated Metal Pipe 106 and 602 5 days

Minor Crushed Aggregate 308 5 days

Safety Plan, including a Traffic Control Plan and a Blasting Plan where applicable

Accident Prevention (FAR 52.236-13).

Requirements in Section H for Traffic Control, Blasting, Hazardous Materials

7 days

C-6 AMERICAN RECOVERY AND REINVESTMENT ACT

Sign Requirements and Specification are required for this Recovery project. See Attached “Sign Layout Details and Specifications”.

Use Sign Design For “Low Speed Roads”.

C-7 PERMITTED ROAD CLOSURES

No closure may begin without notifying the Contracting Officer at least 2 weeks prior to expected road closure date.

C-8 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The contractor shall furnish all necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

C-9 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

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

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

(b) Inspection and acceptance will be performed at the sites of work.

E-3 CONFORMITY WITH PLANS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK ALTERNATE I (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 September 28, 2010. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin June 1, 2010.

F-3 AGAR 452.236-75 MAMIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work. Work shall not occur on weekends or national holidays unless approved in writing by the Contracting Officer. Operations shall cease during non-daylight hours.

F-4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project areas which causes otherwise suitable soils to be muddy or unsuitable;

or (2) failure of the Contractor to comply with specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE AND INPECTORS:

A. The Contracting Officer designates the Contracting Officer's Representative(s) (COR) at the time of award. 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.

B. The Contracting Officer’s Representative 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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest

Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

G-2 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-3 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the government.

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.

None

G-5 PRE-WORK CONFERENCE

The Contractor shall meet with the Contracting Officer and/or Contracting Officer’s Representative to discuss contract terms and work performance requirements, Work Progress Schedule and Plans. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference. The time and place of such conference will be decided in a future date.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a time and location determined by the Contracting Officer and/or Contracting Officer’s Representative.

H-2 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H-3 MATERIAL SOURCES

The Government will provide the following item(s) of material sources to the Contractor for use in the performance of his contract.

Item No. Description Quantity Source Location

-- Water source As needed Tumalo Creek on Road 4603

H-4 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless provided otherwise, the Contractor shall:

(i) provide and maintain sanitation facilities for the workforce at the site and,

(ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H-5 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

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

H-6 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(FEB 1988)

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

(b) Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H-7 COORDINATION WITH THE CO (CONTRACTING OFFICER)

Notify the CO and furnish a work schedule to the CO at least seven (7) calendar days before work is to begin.

H-8 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING

REPORTS

1. Work requiring submittals shall not begin until submittals have been approved. Submittals shall include the following:

• Date and Revision Dates.

• Project Name and Contract Number.

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

• Field Dimensions and Relation to Adjacent Structures.

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

2. The following shall be submitted on this project. Hard copy, Adobe PDF, jpeg, or Microsoft Office files will be accepted.

SUBMITTALS

DESCRIPTION SPECIFICATI

ON SECTION

TIME ALLOWED FOR GOV’T

REVIEW AFTER SUBMITTAL

Project Schedule FAR 52.236-15 5 days

Health and Safety Plan (Accident Prevention) 107.08 5 days

Traffic Control Plan 156, 635 10 days

Fire Plan 3 working days

Emergency plan 3 working days

SHOP DRAWINGS – NOT APPLICABLE

Approval or Rejection Time Allowance: Submittals will be reviewed and either approved or rejected within specified calendar days of their receipt by the Contracting Officer or COR. The Contractor shall re-submit a response to conform for approval within (2) calendar days or mutually agreed time.

H-9 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H-10 DISPOSAL OF EXCESS OR UNSUITABLE MATERIAL

Unsuitable or excess material generated in the performance of the work of this contract shall be removed and disposed of off-site and off National Forest Land. The Contractor shall follow all necessary county, state, and federal permits and requirements.

H-11 POLLUTION AND EROSION CONTROL

1. Prior to the start of construction, the Contractor shall submit a Pollution and Erosion Control Plan to the Contracting Officer for approval. The Forest Service will review and approve within three (3) working days.

2. 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 into 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.

3. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. The Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

4. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products exceeds 1320 gallons or if a single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H-12 CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

H-13 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

Due to the project being located adjacent to a residential subdivision, no road closures will be allowed and provision for public access will be necessary during construction. 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.

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. 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 Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administrations and applicable safety codes.

Traffic Control shall conform with Sections 156 and 635.

H-14 PROSECUTION OF WORK -- WORK HOUR LIMITS -- WORK ITEM LIMITS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

All work shall be scheduled between the period June 1, 2010 through September 30, 2010.

H-15 CONSTRUCTION WORK DAYS AND HOURS AND SCHEDULE:

No work is allowed on Weekends or Federal Holidays without written permission by Contracting Officer.

H-16 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

For fish and wildlife considerations, the following restrictions are applicable to this contract:

All work associated with in stream channels shall be done between July 1 and Sept 15.

H-17 WDFW-USFS INTERIM MOU PROVISIONS (JANUARY 2005)

A copy of this MOU must be on site at all times when work is conducted under the provisions of Appendix A. Copy of the WDFW-USFS will be made available at the pre-work conference.

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bank full channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill of a culvert that is in place. These projects are still bound the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing water are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

5. Any pump used for diverting water from a fish-bearing water body shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the water body through the pump intake.

6. Fish within construction sites that will be dewatered or isolated from the main water body will be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all in water activities.

7. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the

Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

8. Alteration or disturbance of the bed, banks, and vegetation of water bodies shall be minimized and limited to that necessary to construct the project.

9. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into water body. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into water bodies shall be revegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

10. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

11. Wastewater from project activities shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into water bodies.

Heavy Equipment

12. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

13. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.)

and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

14. To prevent contamination, equipment used around water bodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, water bodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

15. Fresh concrete, concrete by-products, or other chemical contaminants shall not be allowed to enter water bodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

16. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

H-18 FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, R6-FS-6300-52 (5/97) Additional Fire Precautionary Measures - Tank Truck, R6-FS-6300-53 (5/89) Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (5/89) Fire Plan

H-19 FINAL CLEANUP

Contractor shall clean the parking and road surfaces of all dirt, rock or debris caused by the work of this contract. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. 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-20 STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by 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 Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-21 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies.

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

See Fire Plan Requirements referenced in Section J.

H-22 LANDSCAPE PRESERVATION

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

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure 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.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 6,000 liters or if any single container exceeds a capacity of shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H-23 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (MARCH 2004)

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H-24 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

X Temporary excavation/deep trenching/slope stability

Tree falling

Fall hazard from work heights exceeding six feet

Blasting

Traffic control on high-volume and/or high-speed and/or limited visibility roads

X Heavy equipment operation

Tree climbing and/or tower climbing

Fire hazards

Hazardous materials handling

Electrical hazard

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

Mechanical Hazards such as pulleys, springs, etc.

Other (Identify)

H-25 OPTIONAL ITEMS

Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate offers for award by adding the total price for all options to the total price for basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The contractor is to provide all information required in Section B of the solicitation (Supplies or Services Prices/Costs) for all items listed in the base contract and all items listed in the optional work.

The government will provide the contractor with a thirty day written notice of intent to execute the optional item(s). The Government reserves the right to exercise the optional item(s) until 30 September, 2010. The Government may elect to exercise any or all of the options at the discretion of the Contracting Officer. Any option that the Government elects to exercise will include all the work listed under that option.

When the Government exercises optional work, the price provided by the contractor at time of solicitation is the contract price for that work. The Contracting Officer will modify the Contract Completion Date to extend the date as follows:

Option 1 – 45 calendar days

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-7 Central Contractor Registration (APR 2008) 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) 52.222-3 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 (DEVIATION - 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) 52.222-54 Employment Eligibility Verification.

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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (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)…