0005_Walton_Amend 1.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT CODE

PAGE OF

PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

6/12/09

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

Deschutes National Forest

1001 SW Emkay Dr.

Bend, OR 97702

8. NAME & ADDRESS OF CONTRACTOR (No., Street, county, State and ZIP Code)

AG-04NO-S-09-0005

9B. DATED (SEE ITEM 11)

May 18, 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE

FACILITY CODE

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACT/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return 1 copies to the issuing office (with offer).

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See summary of changes below. The due date for the RFP is extended until Monday June 22, 2009.

By signature in Block 15.B. Contractor releases the Government from all claims relating to this modification. This settlement is complate accord and satisfaction.

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Ben McGrane, Contracting Officer

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

/s/ Ben R. McGrane

(Signature of Contracting Officer)

16C. DATE SIGNED

6/12/09

Amendment #1 makes the following change:

1. Changes the contract type in Clause L-2 from Fixed Price to Fixed Price with an Economic Price Adjustment.

52.216-4 Economic Price Adjustment—Labor and Material

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for—

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all contract line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

Note: The Government will consider Economic Price Adjustments for the following pay items only:

40401 Minor Hot Asphalt Concrete

41201 Tack Coat, Grade CSS-1 The Government will reference the Oregon Department of Transportation Monthly Asphalt Cement Material Price (MACMP) schedule found at the following site for determining any applicable adjustments to the above prices: http://www.oregon.gov/ODOT/HWY/ESTIMATING/asphalt_fuel.shtml

For adjustment purposes, the May 2009 rates will be used as a baseline.

The following are responses to questions received at the Pre-bid/proposal site visit held June 8, 2009:

Q: Since work cannot commence until 9/8/09, will the campground be closed to the public after this date:

A: Yes, the campground will be closed until 9/30/10. The ODFW will have access on a limited basis 10/1/09 – 11/1/09. .

Q: Can the asphalt be removed, ground, reused?

A: The Solicitation requires placing the asphalt in the bottom of the accommodating fills. However, if you wish to propose an alternative make sure it is clearly stated in your proposal.

Q: How should we deck the timber?

A: The COR will designate the decking area, see Page 3 of the drawings. The Forest Service will sell the logs separately. Chip the slash on cut slopes.

Q: During the walkthrough a patch of cut/patched asphalt was noted and a question was asked if there was a waterline underneath.

A: All known waterlines are marked. Its possible there was a previous waterline but its not currently functioning if its not marked on the drawings.

Q: Can the contractor use a portable rock crusher?

A: This would be acceptable if it meets gradation. Please note this in your proposal.

Q: What do we do with the concrete curbs in the campsites?

A: Remove and dispose of at the Ochoco Ranger Station. An area will be staked by the COR.

Q: Is there anyway to address the fluctuation in asphalt prices, since the job is being awarded in 2009 and much of the work may not be completed until 2010?

A: Yes, see the EPA clause above.

Q: The specification calls for “gravel” in the sump areas, can you please clarify?

A: The gravel ( ¾ – 1 ½) is an open graded aggregate (drain rock).