AG0489S100442.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0442

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/21/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

374579

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

WILLIAMETTE NATIONAL FOREST

ATTN: CONTRACTING

3106 PIERCE PARKWAY, SUITE D

SPRINGFIELD, OR 97477-7909

9. FOR INFORMATION

CALL:

A. NAME

MARGARET GONZALES

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-225-6325

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

THIS IS AN AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) PROCUREMENT.

Recreation Site Surfacing Rehab (Lagoon Campground) Central Coast Ranger District and ODNRA, Siuslaw National Forest, Lane County, Oregon

Price Range: The Government's estimate is: between $100,000 and $250,000

This proposed procurement listed herein has Unrestricted Competition per FAR 19.10, The Small Business Competitiveness Demonstration Program

Offerors may submit facsimile proposals to 541-225-6220 (See Section L); however, the preferred method of transmission is via email exchange, address: mgonzales02@fs.fed.us

11. The Contractor shall begin performance within 10 calendar days and complete it within 30 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 0 copies to perform the work required are due at the place specified in Item 8 by 4:00PM (hour) local time 05/20/2010 (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)

AG-0489-S-10-0442

Siuslaw National Forest Central Coast RD Lagoon Campground

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 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

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

USDA 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 perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

AG-0489-S-10-0442

Siuslaw National Forest

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

RECREATION SITE SURFACING REHAB (LAGOON CAMPGROUND)

Central Coast Ranger District-ODNRA Siuslaw National Forest

Lane County

B- 1 - SCHEDULE OF ITEMS

Base Items

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

All

20303 Removal of asphalt concrete, disposal method A Square Yard* 4132.2 $________ $________

20401

Roadway excavation, compaction method E, finishing method NA

Cubic Yard*

20411

Embankment construction, compaction method E, finishing method NA

32203

Aggregate base, grading D, compaction method B

40451

ODOT 1/2-inch dense graded HMAC, level II, asphalt cement PG 64-28

Ton

562.29

63401A

Pavement markings type A solid white

Foot

6,305

63401B Pavement markings type A solid yellow

Foot 555 $________

63405 Pavement markings type A solid white 1’ height campsite numbers

Each 50 $________

Total Base Items $________ Optional Items

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

20207

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

Each

Total Optional Items $________

Total Base + Options $________

* Denotes Contract Quantities Signature Date

Siuslaw National Forest

Be sure to enter TOTAL PROPOSAL PRICE in Block 17 on page 2 of Standard Form 1442.

TIN _____________________________ DUNS ________________________________

EMAIL _________________________________________

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.

For technical questions, contact Brandon Green at 541-225-6351.

The estimated start work date is June 1, 2010. All work shall be completed within 30 calendar days after the effective date of the Notice to Proceed.

BASIS OF AWARD: One contract will be awarded to the responsive and responsible offeror offering the lowest total acceptable offer. Where extended unit prices do not agree with totals or subtotals shown by Offeror, the unit prices shall govern except as provided under FAR 14.406, Mistakes in Bids.

Offers shall be submitted for the total item. Offers for less than the total item will not be considered.

Offerors must respond to the other factors as described under EVALUATION FACTORS in Section M. Award will be made on the best value for the Government.

No award shall be made to a Contractor not registered in the Central Contractor Registration (CCR) database. (Section I)

Contract award with a value of $100,000 or more, the Contractor must also be registered with VETS-100 (http://www.vets100.com/Vets100Search.htm). (Section K)

Contractors shall provide Representation and Certifications electronically at the ORCA website, https://orca.bpn.gov (Section K)

AG-0489-S-10-0442

Siuslaw National Forest Central Coast RD Lagoon Campground http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.vets100.com/Vets100Search.htm�

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT LOCATION

From Florence Oregon travel south on HWY 101 approximately 8 miles to Forest Service road 1070, follow Forest Service road 1070 approximately 0.8 miles to the project location.

C-2 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.

The project consists of:

Tree Removal Asphalt Removal Excavation and embankment of local material Aggregate placement Asphalt placement Striping

C-3 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.

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

AG-0489-S-10-0442

Siuslaw National Forest

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

Standards Specifications for Available online at Construction of Roads and Bridges http://www.wfl.fha.dot.gov/design/specs/fp03.htm On Federal Highway Projects FP-03 U.S. Customary Units

ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

AASHTO Standards American Association of State Highway and

Transportation Officials 341 National Press Building Washington, D.C. 20024

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

C-4 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C-5 PRODUCT SAMPLES AND/OR SUBMITTALS

Siuslaw National Forest

The following product samples and/or submittals are required for this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

Traffic Control Plan 156 7 days Hazardous Spill Plan 107 7 days Minor Aggregate 322 7 days Asphalt Mixture 404 7 days Striping 634 7 days Temporary Pollution Control Measures

Landscape Preservation 7 days

C-6 SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

None

C-7 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No Time of Government Approval After Submittal

Minor Aggregate 322 7 days Minor Hot Asphalt Concrete

404 7 days

Striping 634 7 days

C-8 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS FP-03 U.S. CUSTOMARY UNITS

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

(a) Section 100 through 149 of the Standard Specification and all other Standard or Supplemental Specifications shown in the specification listing is applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached in Section C.

(b) See the following for the specification lists and supplemental specifications.

AG-0489-S-10-0442

Siuslaw National Forest

SECTION D--PACKAGING AND MARKING

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

Siuslaw National Forest

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):

https://www.acquisition.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 project site.

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E-4 CONFORMITY WITH PLANS AND SPECIFICATIONS

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

Central Coast RD Lagoon Campground https://www.acquisition.gov/FAR/�

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):

https://www.acquisition.gov/FAR//

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 30 calendar days as stated in the Statement of Work.

F-3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

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

Siuslaw National Forest Central Coast RD Lagoon Campground http://www.arnet.gov/far/�

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 Siuslaw National Forest, 4077 SW Research Way, Corvallis OR

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 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.

Final payment will be withheld until the Contractor has returned all accountable Government furnished property. Gate keys must be returned prior to final payment. Keys not returned within 10 days after completion of contract are subject to a deduction from the final payment for actual cost associated with replacing gate key(s) and, if applicable, gate locks.

AG-0489-S-10-0442

Siuslaw National Forest

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 POTENTIAL SAFETY HAZARDS

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

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

[ ] Confined space entry.

[X] Temporary excavation/deep trenching/slope stability.

[X] 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.

[X] Fire hazards.

[X] Hazardous materials handling.

[ ] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Other ATV, pedestrian traffic

H-2 INDUSTRIAL CAMPS

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

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

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

H-3 SALVAGE RIGHTS

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

H-4 PHYSICAL DATA (FAR 52.236-4) (APR 1984)

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

(a) The indications of physical conditions on the Plans and in the specifications are the result of site investigations by total station site surveys and geotechnical investigations.

(b) Weather conditions, data from:

http://www.ocs.orst.edu/pub_ftp/climate_data/mme2/mme3995.html

Monthly Means and Extremes Period: 1971-2000 Honeyman State Park, OR

Parameter Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mean Temperature(F) Maximum 50.7 53.6 56.0 59.2 63.2 66.6 69.4 70.0 70.1 63.4 54.5 50.4 Minimum 36.5 38.2 38.6 40.5 43.9 47.5 49.9 50.7 48.9 44.6 40.6 36.7 Mean 43.6 45.9 47.3 49.9 53.6 57.1 59.7 60.4 59.5 54.0 47.6 43.6 Extreme Temperature(F) Maximum 65 75 78 83 92 92 95 91 99 88 69 64 Minimum 14 13 23 29 33 36 40 39 32 26 20 9 Precipitation(inches) Monthly mean 10.83 9.34 8.96 5.24 3.80 2.47 .92 1.14 2.27 5.34 10.76 11.96 Extreme 24 hr 3.70 3.15 4.30 3.48 2.16 2.70 1.78 1.84 1.62 3.62 3.40 3.78 Snowfall(inches) Monthly mean .13 .51 .03 .00 .00 .00 .00 .00 .00 .00 .00 .30 Average number of days Temperature Maximum 90 or more .0 .0 .0 .0 .0 .1 .1 .1 .4 .0 .0 .0 Maximum 32 or less .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .4 Minimum 32 or less 6.8 4.8 2.7 1.4 .0 .0 .0 .0 .0 .2 2.3 6.9 Minimum 0 or less .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Precipitation .01 inches or more 18.2 17.9 18.2 16.6 12.4 8.6 4.7 5.3 6.8 11.4 19.4 19.8 .10 inches or more 14.8 14.5 14.9 11.7 8.1 5.3 2.3 2.7 4.3 8.6 16.0 15.8 .50 inches or more 7.4 6.8 6.6 3.9 2.7 1.4 .6 .6 1.4 4.0 8.2 8.2

1.00 inches or more 3.2 2.6 2.3 .9 .6 .5 .1 .2 .4 1.4 3.2 3.6 Degree Days Heating days @ 65 (F) 646 527 533 449 350 242 165 145 175 330 514 657 Growing days @ 50 (F) 9 19 24 50 123 209 302 322 282 147 32 9

(c) Transportation facilities.

Site is accessed via paved Lane county roads and Forest Service roads.

H-5 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all

AG-0489-S-10-0442

Siuslaw National Forest meters required to measure the amount of each utility used for the purpose of determining charges.

Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Utilities Available Rate to be Charged Restrictions on Use

Restroom Facilities NONE Keep facilities clean

No other utilities are available

H-6 LANDSCAPE PRESERVATION

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

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

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

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

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

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

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility.

All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water.

Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

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

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

(f) Prior to the start of construction the Contractor shall submit to the Engineer for approval a schedule and plan for temporary pollution control measures for the following phases of work:

[THE FOLLOWING ARE EXAMPLES OF ITEMS THAT MIGHT BE ENVIRONMENTALLY

SENSITIVE. INCLUDE ANY ITEMS THAT NEED A SCHEDULE AND/OR PLAN APPROVED.

DELETE PARAGRAPH (f) IF NOT APPROPRIATE]

(i) Item 20401, Roadway excavation

(ii) Item 20411, Embankment construction

(iii) Item 40451, ODOT 1/2-inch dense graded HMAC, level II, asphalt cement PG 64-28

(iv) Item 63401, Pavement markings type A

(v) Item 63405, Pavement markings type A solid white 1’ height campsite numbers

H-7 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture and will require careful selection and scheduling to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the Contractor at its expense.

H-8 VALUE ENGINEERING

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

The following work is excluded from consideration under the Value Engineering clause: NONE

Siuslaw National Forest

H-9 PRODUCT SUBSTITUTION

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

(End of clause)

H-10 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are listed as access to this project.

Road Number

Name Termini Description of Authorization Restrictions or Requirements See Road Rules

Maintenance Required

1070 MP 0.0 to MP 0.80 Monday thru Friday 7am- 5pm

NONE

If the Contractor requests use of a National Forest road or segment not designated for 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.

The roads authorized for use are subject to the following provisions:

1. The Road Rules in the current Siuslaw, Willamette, Mt. Hood, Deschutes and Umpqua National Forest Road Rules Document are applicable to all commercial road users. These documents titles

SIUSLAW NATIONAL FOREST ROAD RULES, COMMERCIAL HAULING ROAD RULES MAP

(Willamette National Forest), MT. HOOD NATIONAL FOREST ROAD RULES POLICY, DESCHUTES NATIONAL FOREST COMMERCIAL ROAD RULES, and COMMERCIAL ROAD RULES (Umpqua National Forest) are available for inspection at the Willamette and Siuslaw National Forest Supervisor's Offices.

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

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 authorize the Forest Service as a sovereign act, to issue 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.

AG-0489-S-10-0442

Siuslaw National Forest

Traffic Control

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 project crosses or coincides with an existing road or trail.

H-11 TANK TRUCK

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

H-12 CONTROL OF MATERIAL

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

(b) Excavation: Unclassified.

(c) Material Sources:

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

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

(d) Storage and Stockpiling of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection.

Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

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

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

"Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

H-13 CONSTRUCTION STAKES, LINES, AND GRADES

(a) The Forest Service has not established local control on the project site. Portions of the project to be reconstructed will be staked by the Forest Service. The flags, wire flags, hubs, pk nails, and stakes constitute the field control from which the contractor shall execute the work, and shall be left in place until the Engineer approves their removal.

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

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

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

H-14 PROSECUTION OF WORK

(a) All construction activity shall be limited to 7 am to 5 pm Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be closed to public access for maximum of 30 calendar days. Any activities requiring further closure to the public shall be scheduled with the COR at least 7 days in advance.

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

H-15 PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, Contractor shall remove the existing traffic signs within the work area and reinstall to their approximate existing locations.

H-16 STATE PERMITS

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

Siuslaw National Forest

H-17 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. This 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-18 PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C.

470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified.

Discovery of such areas or objects by either party shall be promptly reported to the other party.

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

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

H-19 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

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

NONE

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

Siuslaw National Forest

H-20 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

H-21 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.

AG-0489-S-10-0442

Siuslaw National Forest

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):

https://www.acquisition.gov/FAR// www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-8 Utilization of Small Business Concerns (MAY 2004)

Alternate II (Oct 2001) 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) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healey Public Contracts Act (DEC 1996) 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)

AG-0489-S-10-0442

Siuslaw National Forest Central Coast RD Lagoon Campground http://www.arnet.gov/far/� http://www.usda.gov/procurement/policy/agar.html�

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 Bio-based 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) 52.225-13 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.245-1 Government Property (June 2007) 52.245-9 Use and Charges (June 2007)

AG-0489-S-10-0442

Siuslaw National Forest

52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I-2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(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

AG-0489-S-10-0442

Siuslaw National Forest 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…