B. AG-04M3-S-09-0050.rtf

REQUEST FOR QUOTATION

PAGE OF PAGES

(THIS IS NOT AN ORDER)

THIS RFQ

X

IS

IS NOT 100% HUBZONE SET- ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT.DEF.

RATING

AG-04M3-S-09-0050

8/12/2009 304247 UNDER BDSA REG. 2 ä

AND/OR DMS REG. 1

5a. ISSUED BY

6. DELIVER BY (Date) Wallowa-Whitman National Forest 1550 Dewey Avenue Baker City OR 97814 sdomina@fs.fed.us 120 calendar days after receipt of Notice to Proceed 5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

FOB DESTINATION

NAME

TELEPHONE NUMBER

X OTHER (See Schedule)

Sue Domina, Contracting Officer

AREA CODE

NUMBER

523-1263

9. DESTINATION

Joe Neer, Technical 278-3749

a. NAME OF CONSIGNEE

8. TO:

Umatilla & Wallowa-Whitman NF

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

Pendleton & Joseph

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE

OR

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the September 11, 2009 4:30 pm (PT) submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

DITCH CREEK AND OLLOKOT WELL

DRILLING ON THE UMATILLA AND

WALLOWA-WHITMAN NATIONAL

FORESTS

DUNS: _________________________

100% Set-Aside HubZone

a. 10 CALENDAR DAYS (%)

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT ä

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

15. DATE OF

a. NAME OF QUOTER

SIGN QUOTATION

QUOTATION

b. STREET ADDRESS

16. SIGNER

a. NAME (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or Print)

NUMBER

NSN 7540-01-152-8084

Previous edition not usable 18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Supplies or Services and Prices/Costs Schedule of Items

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

PAY

UNIT

UNIT

PRICE

AMOUNT

Ditch Creek Well

00301 – 01 Mobilization – Ditch Creek

LS

02521 – 02 Drill Free Hole – Ditch Creek

LF

02521 – 03 Temporary Casing – Ditch Creek

LF

02521 – 04 Permanent 6 inch Casing – Ditch Creek

LF

02521 – 05 Pump Test – Ditch Creek Hour 02521 – 06 Surface Seal – Ditch Creek

LF

02521 – 07 Well Development – Ditch Creek Hour 02521 -- 08 Well Sterilization – Ditch Creek

LS

02521 – 09 Water Analysis – Ditch Creek

LS

Total Ditch Creek Well

Ollokot Campground Well

00301 – 01A Mobilization -- Ollokot

LS

02521 – 02A Drill Free Hole – Ollokot

LF

02521 – 03A Temporary Casing – Ollokot

LF

02521 – 04A Permanent 6 inch Casing – Ollokot

LF

02521 – 05A Pump Test – Ollokot Hour 02521 – 06A Surface Seal – Ollokot

LF

02521 – 07A Well Development – Ollokot Hour 02521 -- 08A Well Sterilization – Ollokot

LS

02521 – 09A Water Analysis – Ollokot

LS

Total Ollokot Well

OPTION ITEMS

02521 – 10A Slotted Well Liner

LF

02521 – 11A Well Liner

LF

02521 – 12A Well Screen

LF

02521 – 13A Filter Pack

LF

02521– 13A Old Well Abandonment – Ollokot

LF

02521 – 14A Barren Well Abandonment

LF

Total Option Items

Total All Items Incl Options

Award of option items is dependent upon Availability of Funds. Bond fees shall be included in mobilization.

Description/Specifications/Statement of Work

Description

Project consists of well drilling on the Umatilla National Forest and Wallowa-Whitman National Forest. Contractor shall provide supervision, labor, equipment, materials, power, water and sanitation facilities in order to accomplish these projects.

Work on the Umatilla NF, Heppner Ranger District, at Ditch Creek Guard Station, consists of drilling a minimum 6” diameter drinking water well to an estimated depth of approximately 150 to 200 feet below the ground surface.

Work on the Wallowa-Whitman NF, near Imnaha River in Wallowa County, at Ollokot Campground consists of drilling a minimum 6” diameter drinking water well to an estimated depth of 200 feet below the ground surface.

The drilling contractor shall be a licensed well driller in the State of Oregon at the time of the quote and shall provide a copy of such license at the post award conference.

Project Locations

Umatilla National Forest, Ditch Creek Guard Station

From Pendleton, OR Travel 50 miles south on US Hwy 395 to the Junction of US Hwy 244 and USFS RD 53. Turn right on USFS RD 53, travel approximately 22.7 miles turn left onto USFS RD 21.

Follow USFS RD 21 approximately 3.4 miles and turn left onto RD 2100050. The Guard Station is to the right approximately ¼ mile.

Wallowa-Whitman National Forest, Ollokot Campground

Ollokot Campground is located in the upper Imnaha River corridor. From Joseph, Oregon, travel east 7.8 miles on the Imnaha Highway, turn right onto Wallowa Mountain Loop Road (FS #39 Road), continue on the 39 Road, cross the Imnaha River and take the first left into Ollokot Campground.

Price Range

This project is estimated between $25,000 and $100,000.

Applicable Specifications (CSI Projects)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (FAR 52.211-3) (JUN 1988)

Review the following to determine which are needed. The list includes the most commonly used specs. Delete what is not needed and add what is needed for each particular project.

The specifications cited in this solicitation may be obtained from:

SPECIFICATION

ADDRESS

AWWA

American Water Works Association 6666 W. Quincy Avenue Denver CO 80235 303.794.7711

NSF

National Sanitation Foundation NSF International PO Box 130140 Ann Arbor MI 48113-0140

800.NSF.MARK

ASTM

American Society for Testing and Materials P.O. Box C700 100 Bar Harbor Drive West Conshohocken, PA 19428-2959 610.832.9585

OSHA

Occupational Safety & Health Administration Public Affairs Office, Room 3647 200 Constitution Avenue Washington DC 20210 202.693.1999 http://www.osha.gov/

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

Packaging and Marking

(There are NO clauses or provisions for this section)

Inspection and Acceptance

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

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

www.arnet.gov/far

52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-12 Inspection of Construction. (APR 1996)

Deliveries or Performance

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

www.arnet.gov/far

52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from date on Notice to Proceed.

Work is estimated to start September 2009. The time stated for completion shall include final cleanup of the premises.

Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at either the Umatilla or Wallowa-Whitman National Forests, depending on availability of CO, COR and contractor.

Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

Special Contract Requirements

Safety

Contractor shall provide a written safety plan to the Contracting Officer at the post award conference addressing, at a minimum, the following:

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

Identify and describe inherently hazardous conditions.

Recognize hazards when contracting for inherently hazardous working conditions.

Possible identified safety hazards but not all inclusive are:

A. Travel/Work Zone Hazards

Pedestrians Bicycles Dust Surface irregularities

B. Work Environment

C. Equipment operations

D. Communications

Emergency Response (AGAR 452.236-77) (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of existing vegetation, structures, equipment, utilities, and improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contactor or the Contractor’s agents or employees.

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

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

(NOTE: See Fire Plan Requirements referenced in the attachments.)

Submittals, Shop Drawings, Material Certifications and Testing Reports

SUBMITTALS

The following shall be submitted on this project:

Title Referenced By Specification No.

Time of Government Approval after Submittal Safety Plan Safety 5 days Copy of the well drilling permit (start card) 2521 Sec. 1.05A 1 day Well Installation Plan 2521 Sec. 1.06A 10 days Steel Mill Certs. For casings and couplings 2521 Sec. 2.01A 10 days Information on grout, cement, bentonite seal material 2521 Sec. 2.01B 10 days Disinfection Solution Information 2521 Sec. 2.01C 10 days Drilling Fluids (if used) 2521 Sec. 2.01D 10 days Filter Pack materials (Optional item) 2521 Sec. 2.01F 10 days Sanitary Well Seal/Cap 2521 Sec. 2.01G 10 days Slotted Well Liner (Optional item) 2521 Sec. 2.01H 10 days Well Liner Information (Optional item) 2521 Sec. 2.01J 10 days Well Screen (Optional item) 2521 Sec. 2.01K 10 days Closeout Submittals

30 days

MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced By Specification No.

Sieve analyses 2521 Sec. 1.06C Well pumping results 2521 Sec. 1.06C Daily Shift Records Forest Service Form 7400-04 2521 Sec. 1.06E Well Driller’s Report (Well Log) 2521 Sec. 1.06D All Water Analysis Results 2521 Sec. 3.08

Product Substitution

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.

Conformity with Drawings 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 drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Contractor’s Use of Existing Roads

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

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

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

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

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

Suspensions 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 become 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 his/her 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 equitable adjustment.

Order of Precedence --Construction

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

Contract Clauses

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

52.204-7 Central Contractor Registration. (APR 2008) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds. (FEB 1988) 52.222-8 Payrolls and Basic Records. (FEB 1988) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-20 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) 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) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 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) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 52.232-18 Availability of Funds. (APR 1984) 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. (JUL 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) 52.236-5 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) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.236-70 Additive or Deductive Items. (FEB 1988) 452.236-72 Use of Premises. (NOV 1996) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

52.219-3 Notice of Total HUBZone Set-Aside. (JAN 1999)

(a) Definition. "HUBZone small business concern," as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for -

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: Payment Bond Irrevocable Letter of Credit Certificates of Deposit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 5 calendar days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

(a) Irrevocable letter of credit (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and -

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to the Miller Act, the later of -

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of -

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d) Only federally insured financial institutions rated investment grade or higher shall issue or confirm the ILC. The offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC. Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(e) The following format shall be used by the issuing financial institution to create an ILC:

Issuing Financial Institution's Letterhead or Name and Address

Issue Date __________

Irrevocable Letter of Credit No. __________

Account party's name ___________

Account party's address __________

For Solicitation No. ___________ (for reference only)

To: (U.S. Government agency)

(U.S. Government agency's address)

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $______. This Letter of Credit is payable at (issuing financial institutions and, if any, confirming financial institutions) office at (issuing financial institutions address and, if any, confirming financial institutions address) and expires with our close of business on ___________, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferees sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. (This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.) It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to the laws of _____________________ (state of confirming financial institution, if any, otherwise state of issuing financial institution).

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, (Issuing financial institution)

(f) The following format shall be used by the financial institution to confirm an ILC:

(Confirming Financial Institution's Letterhead or Name and Address)

(Date)

Our Letter of Credit Advice Number _____________

Beneficiary: ___________ (U.S. Government agency)

Issuing Financial Institution: __________________

Issuing Financial Institution's LC No.: ___________

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ (name of issuing financial institution) for drawings of up to United States dollars ___________/U.S. $_______ and expiring with our close of business on _____________ (the expiration date), or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___________________.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. (This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.) It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to the laws of ________ (state of confirming financial institution).

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business. Sincerely, (Confirming financial institution)

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

Sight draft

(Date)___________________ (Name and address of financial institution)

Pay to the order of ______________ (Beneficiary Agency) ___________ the sum of United States $____________. This draft is drawn under Irrevocable Letter of Credit No. ______________.

52.228-15 Performance and Payment Bonds - Construction. (NOV 2006)

(a) Definitions. As used in this clause -

"Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

52.244-6 Subcontracts for Commercial Items. (MAR 2009)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

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

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefore not included in the contract price.

452.236-73 Archaeological or Historic Sites. (FEB 1988)

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

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

List of Documents, Exhibits, and Other Attachments

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

1. Specifications

2. Project Drawings

Page No Description

Title Sheet

Ditch Creek Vicinity Map

Ditch Creek Site Map

Ollokot Campground Vicinity Map

Ollokot Campground Site Map

3. DOL Wage Decision No. OR080002 dated 7/24/2009

4. Fire Protection and Suppression (R6-FS-6300-52)

5. R6-FS-7400-04 Daily Well Drilling Shift Record

6. SF25 Performance Bond

7. SF25A Payment Bond

8. SF25B Continuation Sheet for Bonds

General Decision Number: OR080002 07/24/2009 OR2

Superseded General Decision Number: OR20070002

State: Oregon

Construction Types: Heavy (Heavy and Dredging) and Highway

Counties: Oregon Statewide.

DREDGING, HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 03/07/2008 3 04/04/2008 4 04/18/2008 5 04/25/2008 6 06/06/2008 7 06/13/2008 8 06/20/2008 9 07/04/2008 10 09/19/2008 11 10/03/2008 12 11/07/2008 13 11/21/2008 14 01/02/2009 15 02/06/2009 16 03/13/2009 17 03/20/2009 18 06/05/2009 19 06/26/2009 20 07/03/2009 21 07/10/2009 22 07/17/2009 23 07/24/2009

BOIL0500-001 10/01/2007

Rates Fringes

BOILERMAKER......................$ 31.56 19.01

BROR0001-006 06/01/2009

BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM,

HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH), MALHEUR

(NORTH), MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,

UMATILLA, UNION, WALLOWA, WASCO (NORTH), WASHINGTON AND YAMHILL

COUNTIES

Rates Fringes

BRICKLAYER.......................$ 32.32 14.05

BROR0001-007 06/01/2009

BENTON (SOUTH), CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON,

KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR

(SOUTH), WASCO (SOUTH) AND WHEELER COUNTIES

BRICKLAYER.......................$ 31.10 13.70

CARP9001-001 06/01/2007

ZONE 1:

Rates Fringes

Carpenters:

CARPENTERS..................$ 27.56 13.30

DIVER STANDBY...............$ 34.42 13.30

DIVERS TENDERS..............$ 30.28 13.30

DIVERS......................$ 68.84 13.30

MANIFOLD AND/OR

DECOMPRESSION CHAMBER

OPERATORS...................$ 30.28 13.30

MILLWRIGHTS.................$ 28.04 13.30

PILEDRIVERS.................$ 28.04 13.30

DEPTH PAY:

50 to 100 feet $1.00 per foot over 50 feet 101 to 150 feet 1.50 per foot over 101 feet 151 to 200 feet 2.00 per foot over 151 feet

Zone Differential (Add to Zone 1 rates):

Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3.00

ZONE 1 - All jobs or projects located within 30 miles of the respective City Hall

ZONE 2 - More than 30 miles and less than 40 miles from the respective City Hall

ZONE 3 - More than 40 miles and less than 50 miles from the respective City Hall

ZONE 4 - More than 50 miles and less than 60 miles from the respective City Hall

ZONE 5 - More than 60 miles and less than 70 miles from the respective City Hall

ZONE 6 - More than 70 miles from the respective City Hall.

BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS,

PILEDRIVERS AND DIVERS)

ALBANY ASTORIA BAKER

BEND BROOKINGS BURNS

COOS BAY CORVALLIS EUGENE

GOLDENDALE GRANTS PASS HERMISTON

HOOD RIVER KLAMATH FALLS LAGRANDE

LAKEVIEW LONGVIEW MADRAS

MEDFORD McMINNVILLE NEWPORT

OREGON CITY ONTARIO PENDLETON

PORTLAND PORT ORFORD REEDSPORT

ROSEBURG SALEM ST. HELENS

THE DALLES TILLAMOOK VANCOUVER

BASEPOINTS FOR MILLWRIGHTS

EUGENE NORTH BEND LONGVIEW

PORTLAND MEDFORD THE DALLES

VANCOUVER

BASEPOINTS FOR PILEDRIVERS AND DIVERS

ASTORIA BEND COOS BAY

EUGENE KLAMATH FALLS LONGVIEW

MEDFORD NEWPORT PORTLAND

ROSEBURG SALEM THE DALLES

* ELEC0048-006 07/01/2009

CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK,

WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES

CABLE SPLICER....................$ 35.90 16.43

ELECTRICIAN......................$ 35.65 16.82

HOURLY ZONE PAY:

Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the…