AG-0489-S-10-0482_inht-vagt.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

397660

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

TONYA RYMER 503-668-1703

1x 05/04/2010

AG-0489-S-10-0482

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

TAS::12 1102::TAS RECOVERY IDITAROD NATIONAL HISTORIC TRAIL IMPROVEMENT - VAGT TO

SNOW RIVER SEGMENT.

This solicitation is issued under the provisions of the American Recovery and

Reinvestment Act of 2009.

NOTE:

(1) The magnitude of construction is between $500,000 and $1,000,000.

(2) This procurement is unrestricted (open to all offerors) under FAR Subpart 19.10

The Small Business Competitiveness Demonstration Program.

(3) Contractors are required to be registered with the Central Contractor

Registration (CCR) and the On-Line Representations and Certifications Application

(ORCA).

(4) Bid bonds are required at 20% of offer and must be received in an original format by the time of solicitation closing.

A pre-proposal meeting is scheduled for May 13, 2010 at 10:00 am Alaska Time.

Please refer to Section L.9 for the details.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 9/30/11 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F.2

06/02/2010

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

TONYA R. RYMER

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0489-S-10-0482

TAS::12 1102::TAS RECOVERY Iditarod National

Historic Trail Improvements, Vagt to Snow River

FOB: Destination

001 TAS::12 1102::TAS ARRA Project No.

CIM-1004-IT-Iditarod National Historic Trail

Improvements, Segment 2

Product/Service Code: AD61

Product/Service Description: CONSTRUCTION (BASIC)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

Iditarod National Historic Trail Improvement – Vagt to Snow River Segment

RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

• SECTION A -SF-1442

• SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

• SECTION C - Descriptions/Specifications/Statement of Work

• SECTION D- Packaging, Marking and Layout

• SECTION E - Inspection and Acceptance

• SECTION F - Deliveries and Performance

• SECTION G - Contract Administrative Data

• SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

• SECTION I - Clauses incorporated by reference

• AGAR/FSAR and SPECIAL CONTRACT CLAUSES

• ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

• SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

• SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

• SECTION L – Instructions to Offeror / Notices

• SECTION M – Evaluation Factors for Award

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Iditarod National Historic Trail Improvements Moose Pass Trail

Chugach National Forest Seward Ranger District

PRICE TOTAL SUMMARY SHEET

ITEMS

DESCRIPTION

AMOUNT

Per Attached Detailed Pay Item Schedules

(Listed Below)

0001 – 0012

Ptarmigan Creek Access

5+00 to 47+04

0013 – 0023

Ptarmigan to Falls Creek

10+04 to 117+60

0024 – 0039

Falls Creek to Vagt Lake

118+40 to 195+58

0040 – 0052

Victor Creek Access

10+00 to 56+58

0053 – 0064

Snow River to Victor Creek Access

10+00 to 118+08

GRAND TOTAL AMOUNT

FOR ALL SEGMENTS

PTARMIGAN CREEK ACCESS

Item No.

Pay Item

Description Method Of Measure

Pay Unit

Estimated Quantity

Unit Price

Total Price

001 908(01) Centerline Staking AQ LF 4204 $_______

002 911(02) Clearing & Grubbing AQ LF 1337 $_______

003 912(01) Excavation AQ LF 1337 $_______

004 912(06) Grade Dip AQ EA 10 $_______

005 912(09) Ditch AQ LF 33 $_______

006 913(03) Geosynthetics, Type Geotextile

AQ SY 484 $_______

007 915(01) Trail Restoration AQ LF 2899 $_______

0008 921(01) 12 Inch Corrugated, Type Polyethylene Pipe, 0.075 Inch Thickness

AQ LF 6

009 941(02) Aggregate Surfacing, Grading A Compaction (a) or (b)

DQ CY 68

010 941(10) Retainers, Type Sawn Timbers

AQ LF 1744 $_______

011 951(04) Mobilization LSQ LS 1 $_______

012 954(02) Obliteration AQ LF 1360 $_______

Total Ptarmigan Creek Access $

PTARMIGAN TO FALLS CREEK

No.

Pay Item

Description Method Of Measure

Pay Unit

Estimated Quantity

Unit Price

Total

013 908(01) Centerline Staking AQ LF 10756 $_______

014 911(02) Clearing & Grubbing AQ LF 10756 $_______

015 912(01) Excavation AQ LF 10756 $_______

016 912(06) Grade Dip AQ EA 29 $_______

017 912(07) Shallow Stream Ford & Gully Crossing Structure

AQ EA 2

018 912(09) Ditch AQ LF 421 $_______

019 913(01) Turnpike, Log Retainer, Type 1

AQ LF 356 $_______

020 913(03) Geosynthetics, Type

AQ SY 198 $_______

021 921(01) 12 Inch Corrugated, Pipe, 0.075 Inch Thickness

AQ LF 48

022 932(01) Puncheon With Decking, Type Log Stringer

AQ LF 218

023 951(04) Mobilization LSQ LS 1 $_______

Total Ptarmigan to Falls Creek $

FALLS CREEK TO VAGT LAKE

No.

Pay Item

Description Method Of Measure

Pay Unit

Estimated Quantity

Unit Price

Total

024 908(01) Centerline Staking AQ LF 7718 $_______

025 911(02) Clearing & Grubbing AQ LF 7718 $_______

026 912(01) Excavation AQ LF 7718 $_______

027 912(06) Grade Dip AQ EA 21 $_______

028 912(07) Shallow Stream Ford

Structure

AQ EA 11

029 912(09) Ditch AQ LF 739 $_______

030 912(10) Borrow DQ CY 26 $_______

031 913(01) Turnpike, Log Retainer, Type I

AQ LF 210 $_______

032 913(03) Geosynthetics, Type

AQ SY 116 $_______

033 914(01) Switchback, Type II AQ EA 3 $_______

034 921(01) 12 Inch Corrugated, Pipe, 0.075 Inch Thickness

AQ LF 96

035 921(01)A 36 Inch Corrugated, Pipe, 0.075 Inch Thickness

AQ LF 24

036 921(07) Shallow Stream Vented Ford

AQ EA 1 $_______

037 931(03) Log Stringer Bridge, Type 5 Foot Wide Alaska Yellow Cedar

AQ LF 15

038 932(01) Puncheon With

Stringer

AQ LF 15

039 951(04) Mobilization LSQ LS 1 $_______

Total Falls Creek to Vagt Lake $

VICTOR CREEK ACCESS

No.

Pay Item

Description Method Of Measure

Pay Unit

Estimated Quantity

Unit Price

Total

040 908(01) Centerline Staking AQ LF 4658 $_______

041 911(02) Clearing & Grubbing AQ LF 3135 $_______

042 912(01) Excavation AQ LF 3135 $_______

043 912(06) Grade Dip AQ EA 8 $_______

044 912(07) Shallow Stream Ford

Structure

AQ EA 1

045 913(01) Turnpike, Log

AQ LF 66 $_______

046 913(03) Geosynthetics, Type

AQ SY 36 $_______

047 914(01) Switchback, Type II AQ EA 2 $_______

048 915(01) Trail Restoration AQ LF 1523 $_______

049 916(03) Removal of Plank Walkway

AQ LF 10 $_______

050 932(01) Puncheon With

Stringer

AQ LF 241

051 951(04) Mobilization LSQ LS 1 $_______

052 954(02) Obliteration AQ LF 1348 $_______

Total Victor Creek Access $

SNOW RIVER TO VICTOR CREEK ACCESS

No.

Pay Item

Description Method Of Measure

Pay Unit

Estimated Quantity

Unit Price

Total

053 908(01) Centerline Staking AQ LF 10808 $_______

054 911(02) Clearing & Grubbing AQ LF 10467 $_______

055 912(01) Excavation AQ LF 10467 $_______

056 912(06) Grade Dip AQ EA 33 $_______

057 912(07) Shallow Stream Ford

Structure

AQ EA 16

058 912(09) Ditch AQ LF 102 $_______

059 913(01) Turnpike, Log

AQ LF 592 $_______

060 913(03) Geosynthetics, Type

AQ SY 328 $_______

061 915(01) Trail Restoration AQ LF 266 $_______

062 921(01) 12 Inch Corrugated, Pipe, 0.075 Inch Thickness

AQ LF 18

063 951(04) Mobilization LSQ LS 1 $_______

064 954(02) Obliteration AQ LF 50 $_______

Total Snow River to Victor Creek Access $

Abbreviations:

AQ = Actual Quantity LSQ = Lump Sum Quantity EA = Each LF = Linear Foot LS = Lump Sum SY = Square Yard

NOTES

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

Bond Premiums: Bond premiums shall be included under item 951(01) Mobilization. See payment terms covered under specification section 951 Mobilization and the standard contract payment clauses.

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

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

Ref: http://www.ccr.gov

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

Ref: http//orca.bpn.gov

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

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

Vendor Name: Phone

Signature: Fax Address: Email City, State, Zip: TIN# Duns#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT / DESCRIPTION OF WORK

This contract is for the construction of the Moose Pass Trail segment of the Iditarod National Historic Trail.

The Contractor is required to construct approximately 7.2 miles of trail within the Chugach National Forest, Seward Ranger District, Alaska. The entire segment will be class 3 trail designed for use by hiker/pedestrians, bicycles, cross-country skiers. The work consists of Centerline Staking, Erosion and Pollution Control, Clearing & Grubbing, Excavation, Switchback Construction, Construction and Installation of Drainage Structures, Turnpike Construction, and Construction of Log Stringer Puncheon.

Also included are Aggregate Placement, Trail Restoration, Trail Obliteration, Shallow Stream Vented Ford Construction, and Log Stringer Native Log Bridges.

The Moose Pass Trail project is broken into 4 main segments. These include Ptarmigan Creek Access, Ptarmigan to Vagt Lake, Victor Creek Access, and Snow River to Victor Creek Access. Please see table below for trail segment descriptions and stationing. It is the Contractor’s responsibility to distinguish which segment of trail they are on and which contract documents correlate to that segment.

TRAIL SEGMENT DESCRIPTION STATION

PTARMIGAN CREEK ACCESS 5+00 to 47+04 PTARMIGAN TO VAGT LAKE, STA 10+00 to 195+58 Ptarmigan to Falls Creek 10+00 to 117+60 Falls Creek to Vagt Lake 118+40 to 195+58 VICTOR CREEK ACCESS 10+00 to 56+58 SNOW RIVER TO VICTOR CREEK ACCESS 10+00 to 118+08

C.2 PRICE RANGE

The Government estimate is in the range between $500,000 and $1,000,000.

C.3 PROJECT LOCATION

The project is accessible from six different locations.

From Moose Pass, Alaska proceed south on the Seward Highway approximately 7 miles to the Ptarmigan Creek Campground and Trailhead. The Ptarmigan Creek Access ends at this trailhead.

Approximately 6 miles south of Moose Pass on the east side of the Seward Highway, is the Falls Creek Access Spur. Follow this short spur approximately 500’ to its terminus and the beginning of the Falls Creek ATV Trail. Travel east on the Falls Creek ATV Trail approximately ¾ mile. At this point the ATV trail crosses the proposed Ptarmigan Creek to Falls Creek trail segment at station 65+91.

Approximately 5 miles south of Moose Pass on the east side of the Seward Highway, is the Crown Point Access Spur and ATV Trail. Travel east on the Crown Point ATV Trail approximately 1 ¼ miles. At this point the ATV trail crosses the proposed Falls Creek to Vagt Lake trail segment at station 131+92.

Approximately 100’ east of the Seward Highway along the Crown Point Access Spur is the junction of the Vagt Lake trailhead access. Proceed north on this trailhead access road approximately 300’ to the Vagt Lake Trailhead. Travel northeast on the Vagt Lake Trail approximately 1 mile. At this point the existing Vagt Lake Trail crosses the proposed Falls Creek toVagt Lake trail segment at station 186+99.

Approximately 11 miles south of Moose Pass on the east side of the Seward Highway just north of Victor Creek, is the Victor Creek trailhead, an undeveloped parking area. The Victor Creek Access trail begins at this trailhead/parking area.

Approximately 13 miles south of Moose Pass on the east side of the Seward Highway approximately 1500’ northeast of the Snow River Bridge, is a 600’ long access spur road. The Snow River to Victor Creek Access trail segment starts near the end of this access spur.

See Vicinity Maps on sheet A.2 and A.3 of the drawings for additional information.

C.4 SCHEDULED SITE VISIT / PRE-BID CONFERENCE

A pre-proposal conference/site visit is scheduled for May 13, 2010 at 10:00 am Alaska Time (see Section L.9 for more details). Contractors are encouraged to walk the route prior to responding to this solicitation. New trail construction is staked and/or flagged with blue ribbon. Reference points are staked approximately every 1000 feet. Please contact Corinne Marzullo for technical questions concerning the drawings and/or specifications or if you need additional directions on accessing the trail.

C.5 APPLICABLE SPECIFICATIONS

The Forest Service Standard Specifications for Construction and Maintenance of Trails (EM-7720-103, September 1996) are included in the solicitation by reference. The requirements contained in these Standard Specifications are hereby made part of this solicitation and any resulting contract.

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 (2003) are included in the solicitation by reference. The requirements contained in these Standard Specifications are hereby made part of this solicitation and any resulting contract.

Special Project Specifications shown in the List of Attachments are applicable to this contract. All specifications not included in the specification listing, but referenced within listed specifications, are applicable. The Special Project Specifications are physically attached.

C.6 AVAILABILITY OF SPECIFICATIONS OR PRODUCT DESCRIPTIONS NOT LISTED IN

THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS (FAR 52.211-3) (JUN

1988)

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

Specification Address Standard

Specifications For Construction and

Maintenance of Trails

EM-7720-103

This document is out of print at the Government Printing Office.

It can be obtained electronically from:

http://www.fs.fed.us/r1/helena/contracting/96_Trail_Specs_English.pdf

Standard Specifications For

Construction of Roads & Bridges on Federal

Highway Projects, FP-03

U.S. Department of Transportation Federal Highway Administration Office of Federal Lands Highway 1200 New Jersey Avenue, SE Washington, DC 20590

(202) 366-9494 http://flh.fhwa.dot.gov/resources/pse/specs/

ASTM Standards American Society for Testing and Materials P.O. Box C700 100 Bar Harbor Drive West Conshohocken, PA 19428-2959

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

AASHTO Standards American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Suite 249 Washington, D.C., 20001

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

C.7 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-73)(FEB 1988)

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

C.8 BONDING

See Section I clause (incorporated by reference) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (JULY 2004) for bonding requirements.

http://flh.fhwa.dot.gov/resources/pse/specs/� http://www.astm.org/� http://www.aashto.org/�

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 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

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

E.3 INSPECTION AND TESTING PERFORMED BY THE GOVERNMENT

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

E.4 CONFORMITY WITH PLANS AND SPECIFICATIONS

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

E.5 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment. All sections of the work shall be left in a neat and presentable condition. This includes removal of all construction stakes and associated flagging & ribbon, whether placed by the contractor or the government.

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within seven 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 30, 2011. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within 14 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.

The maximum workweek that will be approved is 7 (seven) days per week.

F.4 PERFORMANCE MILESTONES

The Contractor’s proposed schedule [see Questionnaire] shall be construed to meet the requirement of contract clause 52.236-15 Schedules for Construction Contracts. This proposed schedule shall become a contract requirement with respect to completion targets. Any adjustments to the proposed schedule shall be by mutual agreement only.

F.5 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.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT FURNISHED PROPERTY / SERVICES

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

Property Item Delivery Point Time of Delivery Survey data necessary to complete the Construction Staking

As mutually agreed At time of issuance of Notice To Proceed unless otherwise agreed

Native materials as specified

Project Site As needed

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

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

G.4 NOTIFICATION OF SUBCONTRACTING

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

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

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

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

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT REQUIREMENTS

Equipment operated on the trail shall be confined to within the clearing limits specified elsewhere herein. Tread width shall be appropriate to prevent damage to the overall construction.

All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite.

Equipment that does not meet contract specifications and requirements, or is determined to be in any way unsafe or non-functional, shall be rejected.

H.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

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

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

Normal work season: Mid May to mid October Restricted work season: http://www.weather.com/weather/wxclimatology/monthly/USAK0157 Normal fire season: May through September

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

(d) Portions of the trail are located in avalanche zones. Special caution is required when working in the early season if the slopes are still snow covered.

H.3 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

(a) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in the Special Project Specifications.

(b) The Road Rules in the current Region 10 Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

(c) State laws governing traffic rules and equipment requirements on State and County highways.

(d) Load Limits

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

(1)Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue 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.

(e) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4 inches of snow unless the road has been snowplowed.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H.4 ROAD MAINTENANCE REQUIREMENTS

Perform road maintenance work on the required roads in accordance with the following:

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders wherever necessary due to damage caused by the Contractor’s operations. Do not undercut banks. Maintain established drainage ditches/structures and/or berms.

(b) All seasonal weather cleanup, including removal of bank sloughs, minor slides and fallen timber, for access purposes shall be the Contractor’s responsibility.

Deposit the material removed from slides or other sources in locations approved by the Contracting Officer.

H.5 TRAFFIC AND ACCESS CONTROL

Maintain Trailhead Parking areas open to public access at all times. The existing trail will remain open to the public at all times.

Staging locations for the Contractor’s operations will be designated by the CO.

The Contractor is authorized to close the construction site of work to the public.

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

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

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

H.6 SAFETY

Identify inherently hazardous conditions that could lead to serious injury or loss of life.

Describe inherently hazardous conditions, and remediation actions in writing.

For each subcontract evaluate working conditions to determine if specific inherently hazardous conditions will be encountered as part of the needed construction work. If these conditions do exist, list them in the subcontract.

The Contractor’s Safety Plan as presented in the Offeror’s Proposal shall become a contract requirement. Additional job specific safety plan supplements may be required in writing where not covered under the initial plan.

H.7 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 15 thru August 15

, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "Tools for Fire Only" with letters at least 3 inches high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 Axe, double bit chopping, 32-inch minimum handle

16-20 1 1 2 3

Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32-inch minimum handle 2 3 7 10 File, 10-inch mill bastard 1 1 1 2 Pumps, backpack cans, 5-gallon filled with water

1 2 2 3

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide, may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4-pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H.8 LANDSCAPE PRESERVATION

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.

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

2. If the total oil or oil products storage exceeds 1,320 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 (40CFR 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.

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, Borough, or Municipality-designated solid waste disposal area.

H.9 SANITATION FACILITIES / FUEL STORAGE

Sanitation Facilities: Unless provided otherwise, the Contractor shall provide and maintain the following facilities for the work force at the site.

1. Potable Water supplies for drinking shall meet State of Alaska drinking water regulation 18

AAC 80.

2. Domestic sewage shall meet State of Alaska wastewater disposal regulations 18 AAC 72.

3. Solid Waste shall be disposed of off National Forest Land.

4. Fuel storage shall meet the requirements of 40 CFR 112 (Oil Pollution Prevention).

H.10 MOISTURE SENSITIVE SOILS

Construction equipment often subjects the uncompleted trail structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment 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 or Contractor’s expense.

H.11 PRODUCT SUBSTITUTION, SHOP DRAWING AND MATERIAL CERTIFICATION

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

H.12 USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes

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

H.13 SALVAGE RIGHTS

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

H.14 VALUE ENGINEERING

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

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

NONE

H.15 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records.

Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being cost, or of similar equipment. Comparable equipment rate publications may be used as mutually agreed. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

H.16 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

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

H.17 PAYMENTS FOR INCIDENTAL ITEMS

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

H.18 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

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

H.19 RELEASE OF PERFORMANCE AND PAYMENT BONDS

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

H.20 ORDER OF PRECEDENCE - CONSTRUCTION

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions (Sections K, L & M)

(3) Special Contract Requirements (Section H)

(4) Contract Clauses (excluding the specifications and drawings)(i.e. Section I)

(5) Special Project Specifications

(6) Standard Specifications

(7) Drawings, figured dimensions over scaled dimensions

(8) Drawings, large scale over small scale

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

(10) Shop Drawings

(11) Other Documents, Exhibits, and Attachments

H.21 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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.219-4 Notice of Price Evaluation Preference for…