SOLICITATION.doc

NORTH CASCADE SMOKEJUMPER BASE

R6-8-00-Q25

- 25 -ADDENDA SHEET

PROJECT NAME

OF

Offeror to complete blocks 12, 17, 23, 24, & 30

EFFECTIVE DATE

Deanna Vest

b. TELEPHONE (No Collect Calls)

541-883-6737

8. OFFER DUE DATE/LOCAL TIME 4:30 PM

INFORMATION CALL

10. THIS ACQUISITION IS

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UNRESTRICTED

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SET-ASIDE.100% FOR

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SMALL BUSINESS,

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HUBZONE SMALL

BUSINESS

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8(A)

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SOLE SOURCE

NAICS:

SIZE STANDARD:

Fremont-Winema National Forests Klamath Ranger District

2819 Dahlia St.

Klamath Falls, OR 97601 Fax: (541) 883-6708

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SEE SCHEDULE

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13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

DUNS#____________________

COR

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TRAIL MAINTENANCE

FREMONT-WINEMA NATIONAL FORESTS

KLAMATH, CHEMULT, AND BLY RANGER DISTRICTS

Mail Quote to: Fremont-Winema National Forests

Attn: Acquisition

Klamath Ranger District

2819 Dahlia St.

Klamath Falls, OR 97601

OR Fax Quote to: (541) 883-6709

Dwight Johnson, Technical Contact (541) 885-3424

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

See Attached Schedule of Items

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $5,000.00 , but not in excess of $50,000.00 .

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 4/2002) BACK

NAME OF OFFEROR OR CONTRACTOR

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

EST.

QUANTITY

Full Service Trail Maintenance -

Klamath/Chemult/Bly RDs

[Wilderness Trails]

[Non-Wilderness Trails]

[Wilderness and Non-Wilderness Trails]

[Wilderness Trails]

[Non-Wilderness Trails]

[Wilderness and Non-Wilderness Trails]

[Wilderness Trails]

[Non-Wilderness Trails]

[Wilderness and Non-Wilderness Trails]

Note: This request for Quotation has an option to renew.

Award: No offer will be accepted for a quantity less than that specified in the bid items.

Quotations will be kept confidential

Special Note: Contractor will be bidding on unknown and/or unforseeable knowledge of current trail conditions as related to the actual number of down trees and debris on existing trails. The Forest Service will not provide the

Perspective contract bidders with a trail condition survey prior to submitting, or after bids have been received for the trail maintenance project. It is noted that all trails listed in the contract package were fully maintained during fiscal year 2007.

These estimated quantities are indicitive of what historically have been accomplished. Actual

Quantities will be per each task order.

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

C.1

SCOPE OF CONTRACT

The intent of the contract is to provide for opening and maintenance of Forest developed trail system on the Klamath, Chemult, and Bly Ranger Districts, within the boundaries, or jurisdiction of the Fremont-Winema National Forests. Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and incidentals to perform all work required in accordance with specifications, terms, and conditions of the contract.

C.2

DESCRIPTION AND LOCATION

Trail opening shall include clearing of downed and leaning trees, cleaning existing draining structures (water-bars, drainage ditches) and clearing rocks and woody debris from trail beds for 118.6 miles of trails.

The Contractor will be bidding on unknown, or unforeseeable current trail conditions as related to the actual number of down trees and debris on existing trails. The Forest Service will not provide the perspective contract bidder with a trail condition survey prior to submitting, or there after bids have been received for the trail maintenance project. It is note that all trails listed in the contract were fully maintained during fiscal year 2007.

Contractor will be required to comply with all rules and regulations pertaining to activities within the Fremont-Winema National Forests Wilderness areas, including Mountain Lakes, Sky Lakes, Mount Thielsen, and Gearhart. The location of trails, access points, and other information pertinent to these segments is contained on attached maps and Exhibits.

Summary of Performance Requirements

-Ongoing communication between the contractor and the COR.

Notice of Non-Compliance will be issued and contractor will be required to correct any deviations from the requirements.

-Ongoing communication between the contractor and the COR.

Notice of Non-Compliance will be issued and contractor will be required to correct any deviations from the requirements.

C.3

USE OF ROADS AND TRAILS

The Contractor is authorized to use roads and trails that are necessary for the trail maintenance project. The Government does not guarantee that roads and/or trails will be snow free. Motorized vehicles of any kind shall not be permitted on any trails, or within Wilderness boundaries.

C.4

GOVERNMENT-FURNISHED PROPERTY - NONE

C.5

USE OF TOOLS AND EQUIPMENT

While performing trail work under this contract no mechanized equipment shall be operated nor transported through any Wilderness boundary of the Fremont-

Winema National Forests. The following tools and/or equipment are authorized:

Cross-cut saw, single/double bit Axe, Pulaski, Shovel, McLeod, Pruning/Pole Saw, Brush Saw, Adze Hoe, Log Carrier, Peavy Hook, Ratchet Winch, and Wooden/Plastic/Metal Wedges. All areas outside of Wilderness provide for the use of chain saws. Motorized vehicles are prohibited on all Forest system trails

C.6

CAMPING AND CLEANUP

Camping locations within Wilderness areas will be approved by the Contracting

Officer Representative. The camp area shall be maintained to present conditions, clean, neat, and orderly appearance. It should be kept clean and free of litter at all times ,e.g., pull stabs, cigarette butts, bread closures, foil. Combustible and organic garbage will be completely burned. Metal, glass, plastic, and unburnable material will be packed out. Nailing to live trees is prohibited. Use rope or twine shims if you attach tent poles to tree temporarily.

C.7

STOCK LIMITATIONS

The use of saddle and pack stock will be kept to the minimum necessary to accomplish the project work. Based on a 2 person crew – 2 riding and 1 pack animal will be permitted. Campsites will be addressed and designated at the pre-work meeting. A copy of Wilderness Camping Guide will be provided to the Contractor during the pre-work meeting.

In many areas forage is scarce. Grazing in open meadows is prohibited until

August 1st of each year. To prevent or slow the spread of non-native plant species, the use of weed-seed-free feed is required. Supplemental livestock feed, when needed, will be processed pellets, or high quality (e.g. first cutting) alfalfa hay and/or grain. Rolled oats is required. Utilize feed bags and hay netting to contain feed and avoid introduction of non-native species.

C.8

CONTRACTOR’S CONDUCT

1.

Solitude is an important part of Wilderness visits. Minimize impact on other visitors by camping away from other campsites. Leave pets at home.

Keep noise to a minimum. Be courteous in sharing the trail with others.

2.

Contractor or assigned personnel shall not use or be under the influence of alcohol and/or drugs at anytime while performing work obligations under the contract.

3.

Contractor shall not be in possession or carry firearms while performing trail work.

4.

Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, integrity, and shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary.

C.9

MOVE-IN, MOVE-OUT

One move-in, move-out cost allowed for each task order.

C.10

COORDINATION OF SPECIFICATIONS

(a) Relationship between the Special Project Specifications and Standard

Specifications

Special Project Specifications for this project refine, revise and add to the

Requirements stated in Standard Specifications. The Special Project

Specifications and Standard Specifications must be read as a whole to gain a full understanding of the work required. In case of discrepancies between these specifications, the Special Project Specifications will take precedence over the Standard Specifications.

(b) Numbering System

Special specification sections are numbered in an “900” series, i.e., 901, 902, etc. Succeeding subsections are “numbered” alternating between numbers and un-capitalized letters.

C.11

STANDARD SPECIFICATIONS

The following specifications are numbered in the “900” series codes. Only those sections which are applicable to this contract are included. There will be gaps between the section numbers due to the fact that may sections have been purposely omitted or because certain specification sections have been Reserved for possible future inclusion in the “900” series. These specifications follow in full text:

Section 901 – Abbreviations, Acronyms, and Terms

Section 902 – Definitions

Section 903 – Intent of Contract

Section 904 – Maintenance for Traffic

Section 905 – Control of Materials

Section 906 – Measurement and Payment

Section 982 – Logging Out

Section 991 – Drainage Maintenance

C.12

SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications correspond to the “900” series standard specifications. Special Project Specifications follow the standard specifications.

SPS 982.02F1 – Clearing Out

C.13

COORDINATION OF CONTRACT DOCUMENTS

The specifications, drawings, and all other provisions are essential parts of the contract. They are intended to be mutually complimentary. In case of discrepancy, the following is the order of precedence.

1.

Special Project Specifications.

2.

Standard Specifications for Maintenance of Trails

3.

Drawings.

Section 901-Abbreviations, Acronyms, and Terms

901.01 Terms, Organizations, and Standards

(a) Specification Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject "the Contractor," is implied. Also implied in this language is "shall,"

"shall be," or similar words or phrases. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project.

Wherever "directed," "required," "prescribed," or similar words are used, the "direction," "requirement," or

"order" of the CO is intended. Similarly, wherever "approved," "acceptable," suitable," "satisfactory," or similar words are used, they mean "approved by," "acceptable to," or "satisfactory to" the CO.

The word "will" generally pertains to decisions or actions of the CO.

Whenever in these specifications, or in other contract documents, the following terms (or pronouns in place of them) are used, the intent and meaning shall be interpreted as follows: reference to a specific standard, test, testing method, or specification shall mean the latest published edition or amendment that is in effect at the solicitation issue date for the public works contracts.

(b) Abbreviations and Acronyms

AASHTO American Association of State Highway and Transportation Officials

ABS Acrylonitrile-Butadiene-Styrene

AQ Actual Quantities

APA American Plywood Association

ASTM American Society for Testing and Material

AWPA American Wood Preservers Association

C.F. Cubic Feet

CO Contracting Officer

CY Cubic Yards

DQ Design Quantities

EA Each ft ( ' ) feet

HDPE High-Density Polyethylene gal gallon hr hour in ( " ) inches lb pounds lbf poundforce

LF Linear Feet

LS Lump Sum

LSQ Lump Sum Quantities mi miles

NBS National Bureau of Standards

NCMA National Concrete Masonry Association oz ounce

PE polyethylene

PS Product Standard issued by the U.S. Department of Commerce pcf pounds per square foot psi pounds per square inch

PVC polyvinyl chloride

S.F. Square Feet

SQ Staked Quantities

SY Square Yards

WCLIB West Coast Lumber Inspection Bureau

c) Slope notation (horizontal: vertical). For slopes flatter than 1V:1H, express the slope ratio of one unit vertical to the number of units horizontal. For slopes steeper than 1V:1H, express the slope as the ratio of a number of units vertical to one unit horizontal

Section 902-Definitions

When the following terms, or pronouns in place of them, are used in these specifications or in other contract documents, the intent and meaning are as follows:

Base Course. The layer or layers of specified material of designed thickness placed on a trailbed to support surfacing.

Batter. A backward and upward slope of the face of a wall.

Berm. The ridge of material formed on the outer edge of the trail that projects higher than the tread.

Borrow. Suitable materials taken from approved sources designated on the drawings or on the ground, to be used for embankments and backfilling.

Bridge. A structure, including supports, erected over a depression or stream, and having a deck for carry traffic.

Cap Rock. Rock placed in the top or uppermost layer in a constructed rock structure, such as a talus or rubble rock section or rock retaining wall.

Catch Point. The outer limits of a trailway where the excavation and/or embankment intersect with the ground line.

Clearing Limit. The area over and beside the trail that is cleared of trees, limbs, and other obstructions.

Climbing Turn. A reverse in direction of trail grade without a level landing used to change elevation on a steep slope.

Compacted. Consolidation that is obtained by tamping or rolling suitable material until no noticeable displacement of material is observed.

Contracting Officer (CO). An official of the Government with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Culvert. A drainage structure composed of rock, metal, or wood that is placed approximately perpendicular to and under the trailway.

Cushion Material. Native or imported material, generally placed over rocky section of unsurfaced trail to provide a usable and maintained traveled way.

Danger Tree. An unstable tree 5" or greater in diameter at breast height that is likely to fall across the trail.

Designated on the Ground. The location of materials, work areas, and construction items, including lines and grades, marked on the ground with stakes, flagging, tags, or paint.

Drawings. Documents showing details for construction of a facility, including but not limited to straightline diagrams, trail logs, standard drawings, construction logs, plan and profile sheets, cross-sections, diagrams, layouts, schematics, descriptive literature, and similar materials.

Drift Pin. Smooth steel rod meeting requirements of AASHTO M 270, Grade 36.

Duff. Organic material overlying rock or mineral soil.

Embankment. A structure of suitable material placed on the prepared ground surface and constructed to the trailbed elevation.

Excess Excavation. Material in the trailway in excess of that needed for construction of designed trailways.

Ford. A water-level stream crossing constructed to provide a level surface for safe traffic passage.

Full Bench. Trailbed constructed entirely on undisturbed material.

Grade. The vertical distance of ascent or descent of the trail expressed as a percentage of the horizontal distance.

Header Rock. Rock laid with the narrow end towards the face of the wall.

Inslope. Where the trail tread is sloped downward toward the backslope.

Mineral Soil. Soil or aggregate that is free from organic substances and contains no particles larger than 2" at their greatest dimension.

Outslope. Where the trail tread is sloped downward toward the embankment or daylight side of the trailway.

Sideslope. The natural slope of the ground, usually expressed as a percentage.

Slough. That material from the backslope or the area of the backslope that has raveled onto the trailbed

Slump. Where the trailbed material has moved downward, causing a dip in the trail grade.

Special Project Specification. Specifications that detail the conditions and requirements peculiar to an individual project, including additions and revisions to the standard specifications.

Surfacing. Material placed on top of the trailbed or base course that provides the desired tread.

Suitable Material. Rock that can be accommodated in the trail structure, and soil free of duff with a recognizable granular texture.

Switchback. A reverse in direction of trail grade with a level landing used to change elevation on a steep slope, usually involving special treatment of the approaches, barriers, and drainages.

Trailbed. The finished surface on which base course or surfacing may be constructed. For trails without surfacing the trailbed is the tread.

Trailway. The portion of the trail within the limits of the excavation and embankment.

Tread. The surface portion of the trail upon which traffic moves.

Turnout. A short section of extra trail width to provide for passage.

Section 903-Intent of Contract

903.01 Intent. The intent is to provide for the completion of the project described in the contract. Furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract Section 904-Maintenance for Traffic

904.01 General. Keep existing trails that are undergoing improvements open and maintained in such a condition as to safely accommodate traffic. Provide and maintain temporary detours, approaches, or crossings and intersections with trails, roads, businesses, parking lots, and campgrounds in a safe and passable condition. Perform no work that interferes or conflicts with traffic until a plan for handling traffic has been submitted and approved. Specific requirements for detours or closures are SHOWN ON THE

DRAWINGS or in the SPECIAL PROJECT SPECIFICATIONS.

Before any suspension of work, take precautions necessary to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections, and make provisions for normal drainage and to minimize erosion. Leave all trailways in a condition suitable for traffic unless otherwise specified.

The Government may permit use of portions of the project during periods when operations are shut down.

All maintenance attributable to permitted use during periods of work suspension will be provided by the

Government. The contractor is responsible for any maintenance that is not attributable to use or that is necessary during suspensions resulting from fault or negligence of the contractor

Section 905-Control of Materials

905.01 Handling Materials. Transport and handle all materials to preserve their quality and fitness for the work. Stockpile, load, and transport aggregates in a manner that will preserve specified gradation and avoid contamination.

Store materials to assure the preservation of their quality and fitness for the work. Locate stored materials to facilitate their prompt inspection. Sites on Government-administered land that are not already designated may be used for storage purposes and for placing of equipment only when approved in advance by the CO.

Restore all storage sites in accordance with requirements SHOWN ON THE DRAWINGS or as otherwise specified. Arrangements for storage on other than designated sites are the responsibility of the contractor.

905.02 Material Sources

(a) Designated Sources. Sources for materials such as, but not limited to, soil, rock, or logs that are not available from trailway excavation or clearing operations will be designated. Sources of local materials designated in the SPECIAL PROJECT SPECIFICATIONS or SHOWN ON THE DRAWINGS are guaranteed by the Government for the quality and quantity of material in the source.

Use all needed suitable material from the source. The designation of a source includes the right to use areas

SHOWN ON THE DRAWINGS for the purposes designated (such as plant sites, stockpiles, haul roads).

Operations are restricted to the confines of the area(s) designated.

(b) Contractor-Furnished Sources. Furnish material that produces an end product equivalent in performance to that specified.

905.03 Restoration. Shape and grade borrow areas on Government administered land to make them stable and to minimize future erosion. Dispose of debris resulting from development of material sources by scattering, unless otherwise specified. Do not scatter debris within the clearing limits of trails or within roadsides. Cut off stumps to less than 1” above the ground as measured on the uphill side of the stump.

Section 906-Measurement and Payment

906.01 General. Measurement and 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 incidental and included in the payment of the PAY ITEMS in the SCHEDULE OF ITEMS.

When more than one class, size, or thickness is specified in the SCHEDULE OF ITEMS for any PAY

ITEM, suffixes will be added to the item number to differentiate between the items.

906.02 Determination of Quantities. The following measurements and calculations are to be used to determine contract quantities for payment:

Make measurements for seeding, geotextiles, and erosion control blankets along slope lines.

For retaining walls, measure by the square foot of front wall face.

Measure structures according to neat lines SHOWN ON THE DRAWINGS or as altered by the CO in writing to fit field conditions. Make measurements along the centerline and parallel to the specified grade or foundation or as SHOWN ON THE DRAWINGS.

Deduct lengths for stairways, turnpike, puncheon, retaining walls, gabions, switchbacks, bridges, and bridge approaches from the measurement of excavation in Section 912 unless these items are specified as incidental to excavation in Section 912.

For standard manufactured items, such as fence, wire, plates, rolled shapes, and pipe conduits identified by gage, weight, section dimensions, and the like, such identification shall be considered the nominal weights or dimensions. Manufacturer's tolerances will be accepted unless controlled by tolerances in the cited specifications.

906.03 Units of Measurement. Payment will be made by units defined and determined according to

United States customary units and by the following:

(a) Cubic Yard (CY). A measurement computed by one of the following methods:

(1) Excavation, embankment, or borrow. The measurement computed by the average-end-area method from measurements made longitudinally along a centerline or other reference line.

(2) Material in place or stockpiled The measurement computed with the dimensions of the in-place material using average-end-area method or prismodial formula.

(3) Material in the Delivery Vehicle. The measurement computed using measurements of material in the hauling vehicles at the point of delivery. Vehicles shall be loaded to at least their water-level capacity. Leveling of the loads may be required when vehicles arrive at the delivery point.

(b) Each (EA). One complete unit, which may consist of one or more parts.

(c) Lump Sum (LS). The quantities that denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

906.04 Methods of Measurement. One of the following methods of measurement for determining final payment is DESIGNATED ON THE SCHEDULE OF ITEMS for each PAY ITEM:

(a) Designed Quantities (DQ). These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project.

Original design data include the preliminary survey information, design assumptions, calculations, and drawings. Changes in the number of units DESIGNATED IN THE SCHEDULE OF ITEMS may be authorized under the following conditions:

(1) As a result of changes in the work approved by the CO.

(2) As a result of the CO determining that errors exist in the original design that cause a PAY ITEM quantity to change by 15 percent or more.

(3) As a result of the contractor submitting to the CO a written request showing evidence of errors in the original design that cause a PAY ITEM quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to the construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

906.05 Government-Furnished Materials. When materials are furnished by the Forest Service, the note

"Government-Furnished Materials" will be added to the description of the PAY ITEM.

Section 907-Quality Assurance and Quantity Measurement

Description

907.01 Work. Work consists of providing certification that the quality and quantity of construction conform to the drawings, specifications, and requirements of the contract.

Construction

907.02 Certification and Measurements

(a) Offsite-Produced Materials. Furnish signed certificates executed by the manufacturer, supplier, or vendor, stipulating that all offsite produced materials incorporated in the work meet applicable requirements SHOWN ON THE DRAWINGS or stated in the specifications. Furnish a certificate for each commodity or invoice.

(b) Quantity Measurements. Submit quantities to the CO for periodic progress payments, and the CO will compute payments. Quantities are subject to verification.

907.03 Records. Maintain a set of contract drawings depicting as-built conditions resulting from approved changes. Maintain the drawings in a current condition and indicate changes from the original contract drawings in red. Give the drawings to the CO upon the completion of the contract work.

Measurement

907.04 Method. There will be no separate measurement for this item.

Payment

907.05 Basis. Payment will be considered incidental to other pay items in this contract.

Section 982-Logging Out

Description

982.01 Work. This work consists of removing brush, logs, and down trees from the clearing limits.

Requirements

982.02 Clearing Out. Cut and remove all logs that extend across or into the clearing limits. The portions of cut logs that remain on the upper side of the trail shall be either firmly anchored to prevent sliding or rolling onto the trailway or moved across the trail to the lower side and scattered outside the clearing limits.

Fell all trees over 4" in diameter that are leaning into the clearing limits and that are within 10' above the trailbed. Stump height of leaning trees that are cut outside the clearing limits shall not exceed 2" as measured on the uphill side of the stump, or as SHOWN ON THE DRAWINGS. Disposal and payment for the leaning trees described above will be the same as for down logs and trees.

Remove roots and stumps from trees within the trailway that have been uprooted.

Rerouting the trail around windfalls, uprooted trees, and other obstacles will not be permitted. Ramp or reroute sections of the trail tread that have been damaged by uprooted stumps as necessary to provide safe passage on the trail. Payment for such work will be incidental to the specified work item, and no extra payment will be made.

Remove sticks or wood chunks exceeding 2" in diameter and 12" in length that have fallen onto the trailbed.

Scatter the down trees on the lower side of the trailway outside the clearing limits. Do not place such materials in water courses, snow ponds, lakes, meadows, or other locations where they could impede the free flow of water to, through, or from drainage structures and away from the trailbed.

Measurement

982.03 Method. Determine the quantity of logging out units by measuring the slope distance along the trail centerline or by actual count of those units designated for removal.

Payment

982.04 Basis. Make payment, for all units inspected and accepted, at the unit prices SHOWN IN THE

SCHEDULE OF ITEMS.

Make payment under:

PAY ITEM PAY UNIT

982(01) Logging Out .......................................................................................mi

982(02) Logging Out _______ Diameter ........................................................ EA

982(03) Logging Out ....................................................................................... LF

982(03) Logging Out .......................................................................................LS

Section 983-Danger Tree Removal

Description

983.01 Work. This work consists of felling, bucking, and limbing trees and scattering slash.

Requirements

983.02 Danger Trees. Remove trees and snags that are broken off or that are in a leaning, unstable position over the trailway to designated areas as SHOWN ON THE DRAWINGS. Cut designated danger trees so that stump heights do not exceed 2" as measured on the uphill side of the stump. Do not leave felled trees parallel with the trail unless there are sufficient barriers to keep them from rolling or sliding onto the trail.

Lop limbs to reduce slash concentration and scatter the clearing debris outside and below the clearing limits. If the trunk, or a portion thereof, falls within the clearing limits, remove that portion that is within 4’ of either side of the trail centerline and scatter outside the clearing limits.

Measurement

983.03 Method. Determine the quantity of danger tree removal units by actual count of those trees marked.

Payment

983.04 Basis. Make payment, for all units inspected and accepted, at the unit price SHOWN IN THE

SCHEDULE OF ITEMS.

Make payment under:

PAY ITEM PAY UNIT

983 (01) Danger Tree Removal ....................................................................... EA Section 991-Drainage Maintenance

Description

991.01 Work. This work consists of cleaning culverts, waterbars, drainage dips, ditches, rock spillways, stream fords, and gully crossings; directing water from the trail where washing of the trail tread is or has been occurring; and draining low spots in the trail tread that tend to hold water.

Materials

991.02 Requirements. Use materials meeting the requirements of the following sections:

961 - Rock, Grid Pavement Units, and Aggregate

962 - Materials for Timber Structures

Requirements

991.03 General. Where trail drainage facilities have been plugged and the water has been diverted from the intended channel, remove the debris causing the diversion and return the drainage to the channel. Divert water off and away from the trailbed. If washing or ponding of water has been or is occurring, dig a shallow ditch sloped 2 percent to 5 percent to the downstream side of the trail and 3" minimum deep and

12" minimum wide across the trail at the point where water enters the trail.

Clean ditches to permit the free flow of water into culverts and away from the trail.

Scatter all unusable or unneeded material that is cleared from the drainage structures 3' or more beyond and below the trail or drainage facility and out of water courses.

991.04 Culverts. Remove debris and soil from catch basins and inlet and outlet ditches and inside culverts to permit the unobstructed flow of water into, through, and away from the culvert. Replace any missing or loose rocks or logs in culvert headwalls.

Fit replacement rocks for rock culverts so that they have a firm bearing on adjacent and underlying rocks.

Place rocks snugly and fill voids with small rocks to prevent material from sifting into the drain. Fill and compact with suitable material all disturbed areas in the trail tread over or adjacent to rock culverts.

991.05 Waterbars. Clean the upgrade side of all existing waterbars and maintain them as SHOWN ON

THE DRAWINGS. Remove material accumulated against rubber belting waterbars. Use and compact suitable material removed from the upgrade side of all waterbars to bring the trail tread flush with the top of those waterbars on the downgrade side. Remove all debris from the lead off area of all waterbars that restricts the free flow of water away from the trail.

Firmly embed replacement rocks for rock waterbars into the trailbed and fit the rocks together. Make the tops of the rocks even, with no sharp points. Peel native replacement logs before using them. Anchor stakes tightly in the ground without splits and nail tightly to the log.

991.06 Drainage Dips. Clean deposited material and restore drainage dips as SHOWN ON THE

DRAWINGS. Remove all debris from the lead off area of dips that restricts the free flow of water away from the trail. Use suitable material obtained by cleaning dips for fill on the downgrade side, removing rock more than 3" at its greatest dimension. Compact all material placed in the trail tread.

991.07 Rock Spillways. Maintain rock spillways to conform as SHOWN ON THE DRAWINGS. Replace missing rocks, interlocking each rock with adjacent rocks. Place the rocks to ensure that the water flows down the spillway and away from the facility being drained. Use small rocks to fill voids. Clean all material from the spillway that restricts the flow of water away from the trail.

991.08 Stream Fords and Gully Crossings. Maintain stream fords and gully crossings as SHOWN ON

THE DRAWINGS. Remove debris and loose rocks over 3" from existing stream crossings to provide the tread width. Maintain and replace missing or rotted log or rock barriers that form the dam at fords and gully crossings. Level and smooth the stream bottom with gravel or rock less than 3" in greatest dimension to provide a crossing.

Regrade or fill the approaches to the stream fords and gully crossings to provide for safe use. Replace missing stepping stones.

Measurement

991.09 Method. Determine the quantity of drainage maintenance units by measuring the slope distance along the centerline. Measure other items by a count of those designated.

Payment

991.10 Basis. Make payment for all units inspected and accepted, at the unit price SHOWN IN THE

SCHEDULE OF ITEMS.

Make payment under:

PAY ITEM PAY UNIT

991(01) Drainage Maintenance .......................................................................mi

991(02) Drainage Maintenance ...................................................................... LS

991(03) Maintain Waterbars ............................................................................ EA

991(04) Maintain Drainage Dips ..................................................................... EA

991(05) Rock Spillways . ................................................................................ EA

991(06) Stream Fords and Gully Crossings .....................................................EA

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred, which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique…