AG-04T1-S-09-0026-Solicitation package.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04T1-S-09-0026

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

07/14/09

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

287087

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service

Umpqua National Forest 2900 NW Stewart Parkway, Suite 201 Roseburg, OR 97471

Umpqua National Forest

Attention: Claudia Halkyard

2900 NW Stewart Parkway, Suite 201 AQM

Roseburg, OR 97471

9. FOR INFORMATION

CALL:

A. NAME

Miles Barkhurst, Forest Rd Mgr

Claudia Halkyard, Contract Spec.

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) (541) 957-3417

(541) 957-3222

SOLICITATION

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

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

DIAMOND LAKE EAST, ROAD 4795 OVERLAY

Diamond Lake Ranger District

Umpqua National Forest, Douglas County, Oregon

Price Range: The Government's estimate is: between $250,000 and $500,000.

DUNS#__________________________

NOTE: Offerors must register in the Contractor’s Central Registration (CCR) – See FAR Clause 52.204-7 and Online Representations and Certifications Applications (ORCA) – See FAR Clause 52.204-8.

This solicitation is set-aside for Total HUBZone Set-Aside per FAR 52.219-3.

Performance Work Period shall be limited to the hours between 7:00 am to 7:00 pm, September 8 through September 30, 2009. (See Section H; H-19)

11. The Contractor shall begin performance within 5 calendar days and complete it within 23 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section H-19, on pg 15.)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. (hour) local time August 13, 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

National Finance Center PO Box 60075

New Orleans, LA 70160

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print) CLAUDIA HALKYARD, Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

DIAMOND LAKE EAST

ROAD 4795 OVERLAY

DIAMOND LAKE RANGER DISTRICT

UMPQUA NATIONAL FOREST

DOUGLAS COUNTY

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

40311

State of Oregon asphalt concrete pavement, level 2, ½” minus dense HMAC, PG64/28

Ton

41409

Crack cleaning and sealing(Greater than ½” wide by the filling method) With GlassGrid©

Foot

41409

43104

Full depth patch hot asphalt concrete mixture

Ton

60405

Manhole adjustment

Each

63401A

63401B

Pavement markings type C, Broken Yellow

Foot

63401C

Pavement markings type C, Solid White

Each

63405A

Pavement markings type C, Through Lane Use Arrow

Each

63405B Pavement markings type C, Turn & Through Arrow

Each

63405 Pavement markings type C, 1’x14’ Stop Bar

Each

TOTAL PRICE (BASE ITEMS) $______________

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-03 subsection 109.02.

OPTION ITEMS:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

TOTAL PRICE OPTION ITEM A

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

TOTAL PRICE OPTION ITEM B

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

C

ADDITIONAL 1” HOT ASPHALT PAVEMENT OVER SEGMENTS 2

TOTAL PRICE OPTION ITEM C

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

41409A

CRACK’S (OVER ½” WIDE) INCLUDES CRACK

CLEANING AND SEALING (CRACK FILLING METHOD) WITH GLASGRID© INCLUDED

TOTAL PRICE OPTION ITEM D

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

41409B

CRACK’S (OVER ½” WIDE) INCLUDES CRACK

CLEANING AND SEALING (CRACK FILLING METHOD) WITH GLASGRID© INCLUDED

TOTAL PRICE OPTION ITEM E

TOTAL PRICE ALL ITEMS

OPTION ITEMS:

Bidders must bid on all items (Base Items and all Option Items). Exercise of Option Items A or B - E may be made by the Government at any time prior to September 8, 2009. If the Government elects to exercise option items, it will be for the entire quantity of the awarded items. No additional contract time beyond that allowed for Base items will be allowed for completion of option items. The Government may award Option A or Option B, but not both; they are mutually exclusive.

See “Option For Increased Quantity--Separately Priced Line Items,” “Bid Guarantee,” “Performance Bond” and “Payment Bond” in Section I, estimated start work date is September 8, 2009. See "Basis of Award" and "Evaluation of Options" in Section M.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope Of Contract The project consists of reconstruction work on 2.15 miles of Forest Service Road 4795. The work is broken into 4 segments:

1.

Segment 1 is 0.3 miles in length (station 9+75 – 25+76);

Segment 1 has two (2) 12-ft travel lanes and 8-ft shoulders and requires a 2-inch overlay, 1711lf of crack sealing (crack filling method), applying 713sy of GlasGrid© reinforcement, 3 full depth patch areas and painted traffic markings (white fog lines, double solid yellow centerline).

2.

Segment 2 is 0.53 miles in length (station 25+76 – 53+75);

Segment 2 requires painted traffic markings (white fog lines, double solid yellow centerline).

3.

Segment 3 is 0.26 miles in length (station 53+75 – 67+68);

Segment 3 transitions from two (2) 12-ft travel lanes to four (4) 12ft travel lanes and back to two (2) 12ft travel lanes and 1-ft shoulders the entire length and requires a 2-inch overlay, 524 lf of crack sealing (crack filling method), applying 218sy of GlasGrid© reinforcement, 2 full depth patch areas, painted traffic markings (white fog lines, dashed yellow centerline, dashed/solid centerline and double solid yellow centerline and directional arrows).

4.

Segment 4 is 1.06 miles in length (67+68 – 123+45).

Segment 4 has 2 12-ft travel lanes and 1-ft shoulders and requires a 2-inch overlay, 3,404 lf of crack sealing (crack filling method), applying 1418sy of GlasGrid© reinforcement, 3 full depth patch areas, painted traffic markings (white fog lines, dashed yellow centerline, dashed/solid centerline and double solid yellow centerline). A total of 17 manhole covers are required to be raised.

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications.

C-2 Project Location The project is located on the Diamond Lake Ranger District, Umpqua National Forest in Douglas County. From Roseburg, Oregon proceed east on State Highway 138 approximately 80 miles to the intersection with Forest Service Road 4795, the beginning of the project.

C-3 Price Range The Government's estimate is: between $250,000.00 and $500,000.00.

C-4 AGAR 452.211-72 Statement of Work/Specification (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

C-5 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-6 Specifications

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

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

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

GSA Federal Supply Service

Specifications Section, Suite 8100

470 East L'Enfant Plaza SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

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

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification

Address Standards Specifications for

Available online at

Construction of Roads and Bridges http://www.wfl.fha.dot.gov/design/specs/fp03.htm

On Federal Highway Projects

FP-03 U.S. Customary Units

ASTM Standards

American Society for Testing and Materials

1916 Race Street

Philadelphia, PA 19103

(215) 199-5462

AASHTO Standards American Association of State Highway and Transportation Officials

341 National Press Building

Washington, D.C. 20024

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

C-7 Standard Specifications for construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units

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

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

(b) See the following for the specifications lists and supplemental specifications: Section J, List of Attachments; Item No. 5.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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

(b) Inspection and acceptance will be performed at the project site.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently and (c) complete the entire work ready for use not later than September 30, 2009. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Property/Facilities/Services

Availability Location Availability Time

GlasGrid© material

Forest Service

Request 3 days prior to

Service Center pick up

Roseburg, OR

G-2 Designation of Contracting Officer’s Representative The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

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

G-3 Designation of Contracting Officer’s Representative

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the headquarters building of the Umpqua National Forest, 2900 NW Stewart Parkway, Roseburg, OR 97470.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 Order of Precedence Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1.

Bid Schedule (excluding the specifications) 2.

Representations and Certifications 3.

Instructions to Offerors 4.

Special Contract Requirements 5.

Contract Clauses (excluding the specifications and drawings) 6.

Special Project and Supplemental Specifications 7.

Standard Specifications 8.

Drawings, figured dimensions over scaled dimensions 9.

Drawings, large scale over small scale 10.

Drawings - Schedules on drawings over notations on drawings 11.

Shop Drawings 12.

Other Documents, Exhibits, and Attachments H-2 Payments for Incidental Items The intent of the contract is to provide for the complete construction of the project described. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Bid Schedule. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.

H-3 Payment for Materials Delivered Off the Site As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

H-4 Payment for Performance and Payment Security Expenses It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-5 Release of Performance and Payment Security Performance and payment security furnished under this contract must be retained by the Government for a minimum period after acceptance of all work under the contract, including any warranty period. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor after this period if no claims against these bonds have been filed at that time.

For contracts subject to the Miller Act this minimum period is one year.

H-6 Costing of Claims or Modifications The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office or other comparable equipment rate publication, to the extent that such publications contain a listing of the equipment being costed or of similar equipment.

H-7 Product Substitution Any modification of items, designs, materials, products or equipment (including Government-Furnished property) made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award has been made. No approvals will be made prior to award.

H-8 Storage and Stockpiling of Materials Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein) and approved by the Forest Service may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-9 Landscape Preservation and Hazardous Materials

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer. The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-10 Local Disposal Sites Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

H-11 Industrial Camps Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites. A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-12 State PUC Permits Forest Service Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the non-applicability of PUC requirements.

H-13 Road Use and Maintenance The Contractor is authorized to use roads shown in the Special Project Specifications and/or the following Road Listing for performance of work under this contract subject to the maintenance requirements and use limitations shown.

ROAD LISTING:

ROAD and TERMINI

USE LIMITS

Access and Haul

If Contractor requests use of a National Forest road or road segment not listed above, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations. The Contractor is authorized to use those currently open Forest Service roads providing the most direct route to or between the specified project sites for the purpose of access and haul.

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

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H-14 Traffic Control, Barricades, Warning Signs and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

Additions:

The Contractor may request a complete closure for the segment 67+68 – 120+00. This closure would exclude weekends. If the Contractor is authorized to close this segment of road, he will be required to provide and install all needed signs and barriers for a detour around this segment.

H-15 Salvage Rights No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-16 Excavation All excavation is non-classified.

H-17 Material Sources Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed.

Borrow sources are identified on the plans or elsewhere herein if made available by the Government. If alternate borrow sources are needed, they must be approved in advance by the COR. Such borrow sources shall be restored to a natural appearance.

H-18 Blasting None Permitted H-19 Prosecution Of Work -- Work Hour Limits -- Work Item Limits The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

Construction activity shall be limited to the hours between 7 a.m. and 7 p.m., September 8 through September 30, unless other hours are approved in writing by the COR. The project area shall be open to public access and free of hazards on weekends.

Road 4795 shall be open to public access and free of hazards over all weekends, 7 p.m. Friday – 7 a.m. Monday. The contractor may request a complete closure of Segment 4 from sta. 67+68 to sta. 120+00. The closure shall be from 7 a.m. Monday through 7 p.m. Friday of any week the Contractor exercises this closure. If the CO grants the closure, the Contractor is responsible for providing, installing, and maintaining all signs, barricades and directional devices to advise the public of alternate routes around this section.

Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

H-20 Construction Stakes, Lines and Grades (a) The Forest Service has established controls as shown on the plans. The Forest Service provided flagging, wire flags, hubs and stakes constitute the field control from which the Contractor shall execute the work and shall be left in place until the Inspector or COR approves their removal. Forest Service control consists of the existing centerline of the road and paint marks identifying cracks to be treated.

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

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

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

H-21 Submittals The following submittals, shop drawings, material certifications and/or testing reports are required for this project:

7 days

7 days

H-22 Hazardous Conditions Safety Plan The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

· Tree felling

· Blasting

· Temporary excavation / deep trenching / slope stability

· Fall hazard from work heights exceeding six feet

· Traffic control on high-volume and/or high-speed and/or limited visibility roads

· Heavy equipment operation

· Confined space entry

· Tree climbing and/or tower climbing

· Fire hazards

· Hazardous materials handling

· Electrical hazard

· Hydraulic and/or pneumatic and/or other high pressure hazards

· Mechanical hazards such as pulleys, springs etc.

H-23 Value Engineering Value engineering change proposals [VECPs] which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

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

· For orders exceeding $100,000 there are NO LIMITATIONS

· For orders less than $100,000 the Government reserves the right to decline to consider any VECPs. Prior to submission of VECPs, it is recommended the Contractor make an informal inquiry regarding the Government’s willingness to evaluate any VECP for Task Orders in this category.

H-24 Protection of Botancial Resources Previously unknown or unlisted populations of Protected, Endangered, Threatened or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within contract project boundaries. The modification of contract specifications may be required to protect previously unknown PETS plant populations.

(a) Government's Responsibility – The Government will identify, as they become known, locations of PETS species that the Contractor could encounter in the progress of work under this contract.

(b) Contractor's Responsibility – The Contractor shall protect these areas that contain PETS species, as directed in writing by the Government.

H-25 Special Equipment Cleaning Requirements All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands. Special care shall be taken to assure removal of the following noxious weeds and their seeds:

Spotted knapweed (Centaurea maculosa)

Diffuse knapweed (C. diffusa) Yellow star thistle (C. solstitialis)

Gorse (Ulex europaeus) Rush skeletonweed (Chondrilla juncea)

Tansy ragwort (Senecio jecobaea) Purple loosestrife (Lythrum salicaria)

Distaff thistle (Carthamus lanatus) Scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H-26 Special Requirements For Water Drafting Equipment Water drafting equipment may be used only at water sources designated on the Vicinity Map or provided by the CO. Such equipment shall include a screen around the intake (foot valve) with openings no larger than 3.2 mm (one-eighth inch). Materials must be readily available and appropriate measures taken to prevent petroleum products from entering the water source.

H-27 Hazardous Material Spill Clean-Up Kit A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

· 1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil and fuel

· 1 gallon "Plug-a-Dike" or equivalent material

· A nineteen liter (five-gallon) mixing container

· 20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil and fuel from a water surface

H-28 AGAR 452.228-71 Insurance Coverage (Nov 1996) Pursuant to FAR clause 52.228-5, Insurance – Work on a government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury,. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H-29 Erosion Control After September 15 No more than 0.2 hectare (0.5 acre) of ground disturbed by contract operations shall exist on the project between September 15 and May 1 without adequate surface erosion control measures in place. Seed and mulch applications required by the contract must be kept current and disturbed ground where work is not complete may require interim seed and mulch applications.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

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

52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 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)

52.222-21 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)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) Alternate I (APR 1984)

52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I-1 52.204-7 Central Contractor Registration (Apr 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a…