15-0050_Ninemile_Crushing.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G1-S-15-0050

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 26, PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

736192

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

9. FOR INFORMATION

CALL:

A. NAME

Cathy Van Alyne

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 509-684-7114

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):

Ninemile Pit Development and Crushing Republic Ranger District, Colville National Forest

Ferry County, Washington State

Price Range: The Government's estimate (base plus option items) is: between $250,000 and $500,000.

Electronic or Facsimile Proposals are acceptable. Electronic or Facsimile Bid Guarantees are not acceptable;

only original Bid Guarantees are required.

Offer submittal requirements: See Section L.

11. The Contractor shall begin performance within 5 calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and three copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. (hour) local time August 25, 2015 (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 is, 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

Ninemile Pit Development and Crushing Development AG-05G1-S-15-0050 Republic Ranger District, Colville National Forest PAGE 2 of 67

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)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

IPP

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Colville National Forest 765 South Main Colville, WA 99114

Invoice Processing Platform (IPP). All invoices must be submitted electronically through the Invoice Processing Platform IPP via www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Republic Ranger District, Colville National Forest PAGE 3 of 67

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Ninemile Pit Development and Crushing

Republic Ranger Districts Colville National Forest

Ferry County, Washington

The offeror must provide a price on all items. Award will be on an all or none basis in accordance with Section M. If Offeror does not intend to charge for an item, a price of “0” or “NO COST” should be shown

ITEM

NO.

DESCRIPTION

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

Base

Base Items

15101

Mobilization

Lump Sum

32001

Sockpiled Aggregate, Section 703.5 Grading, C (base)

TON

AQ

8,800

65102

Pit Quarry Development*

Lump Sum

Total Price for Base Items

Option Item

32001A

Stockpiled Aggregate, Section 703.5 Grading C (base)

TON

AQ

10,000

Total Price for All Items (Base + Option)

* Item 65102 is for any work such as clearing and grubbing, ditching or any unforeseen work in the pit that may be needed. Along with Roadbed Reconditioning of access road 2053250 to a 14” wide lowboy standard road to include placement of 4” of crushed aggregate. The 4” of crushed aggregate for access road 2053250 is incidental to item 65102 and is not part of item 32001.

Republic Ranger District, Colville National Forest PAGE 4 of 67

Designated Method of Measurement:

CQ - Contract Quantities. These quantities are based upon the original design data available prior to advertising the project. Reference FP-03 109.02(b) and FSSS 109.02(b).

AQ - Actual Quantities. These quantities are determined from measurement of completed work.

LSQ - Lump Sum Quantities. 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. They will not be measured.

See FP-03 109.02 and FSSS 109 for Measurement Terms and Definition.

Payment will be made on actual work performed, inspected and accepted as described in FP-03 109.01 unless otherwise noted.

Price Proposal

Unit prices and total item amounts must be submitted for all items and sub-items. Do not round the extended item amounts and provide prices to the nearest cent.

If Offeror does not intend to charge for an item, a price of “O” of “No Cost” should be shown.

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor before September 1, 2016. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Note: Based on availability of funds, the Government may exercise the total or portion of the option item. The option item will not exceed 10,000 tons.

Bid Guarantee and Payment Bonds and Performance Bonds

A bid guarantee (bond) is required with the Contractor’s proposal (reference FAR 52.228-1). The bid guarantee must be received by 3:00 on the due date. Facsimile or Email Bid Guarantees will not be accepted.

If awarded, both apayment and performance bonds will be required. Reference FAR 52.228-15.

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts shall not be addition to contract price. Include bond payments under 15101 Mobilization.

Republic Ranger District, Colville National Forest PAGE 5 of 67

Invoice Processing Platform (IPP)

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury. You may find more information at this website https://www.ipp.gov/index.htm. Contractors shall submit all invoices electronically via IPP.

Paper copies of invoices will no longer be accepted. The Contractor must also attach a detailed invoice in IPP.

System of Award Management Requirement

No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the SAM database.

Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract. Invoices will be paid using the financial information provided in the Contractor’s SAM profile. Failure to keep an active status may result in payment delays and other administration delays.

Incorporation of Technical Proposal

The Contractor’s technical proposal, including revisions and amendments made prior to contract award, will be incorporated into this contract upon award.

The Contractor’s personnel shall meet or exceed the qualification standards, experience levels and trade background as set forth in the technical proposal and contract.

https://www.ipp.gov/index.htm https://www.acquisition.gov/

Republic Ranger District, Colville National Forest PAGE 6 of 67

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Description of Work or Scope of Contract

This project consists of pit and quarry development and rock crushing. The Government is estimating the approximately 18,800 tons (base and option items) of stockpiled aggregate, Section C. Work includes but is not limited to grading, blasting, rock crushing, testing and stockpiling aggregate.

The Contractor shall furnish all management, labor equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the drawing and specifications of the contract.

Project Location

Project is located on the Republic Ranger District. See attached maps for exact location.

From Colville, WA: Travel on US-395 North for +/- 12 miles to intersection with WA-20; turn left on WA-20 and travel west for +/- 32 miles to County Road 99(Hall Creek Rd.); turn left on County Road 99 and travel 0.3 miles to Forest Service road 2053000; turn right on Forest Service road 2053000 and travel +/- 5 miles to Forest Service road 2053250; turn right on Forest Service road 2053250 and travel

0.6 miles to the Ninemile Pit location.

AGAR 452.236-78 Forest Service Standard Specifications for Construction of Roads and Bridges

(NOV 1996)

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, 2003, U.S. Department of Transportation, Federal Highway Administration, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

The internet site is: http://flh.fhwa.dot.gov/resources/pse/specs/

Applicable Specifications

Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specification, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

Special Project Specifications

Special Project Specifications applicable to this contract are attached in Section J.

Project Drawings

The attached listed drawings are part of this solicitation and any resultant contract.

http://flh.fhwa.dot.gov/resources/pse/specs/

Republic Ranger District, Colville National Forest PAGE 7 of 67

1. Title, Drawing Index and Vicinity Map

2. Site Map and Estimate of Quantities

3. Ninemile Pit Information Plan

4. Roadway Typicals

Note: On Sheet 2, Estimate of Quantities, change the quantity of item 32001A from 5,000 to 10,000.

BioBased Products

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulating foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coatings Hydraulic fluid Water tank coatings

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular carpet).

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and the total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

Republic Ranger District, Colville National Forest PAGE 8 of 67

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the Contracting Officer quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

AGAR 452.211-72 Statement of Work/Specifications (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.

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.

Republic Ranger District, Colville National Forest PAGE 9 of 67

SECTION D--PACKAGING AND MARKING

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

Republic Ranger District, Colville National Forest PAGE 10 of 67

SECTION E--INSPECTION AND ACCEPTANCE

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

Clause Number Title Date 52.246-12 Inspection of Construction AUG 1996

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.

Conformity With Drawings And Specifications

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

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

Republic Ranger District, Colville National Forest PAGE 11 of 67

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number

Title Date

52.242-14 Suspension of Work APR 1984

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, 2016. The time stated for completion shall include final cleanup of the premises.

Suspension for Other than Government Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall no be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

Notice to Proceed

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer’s Representative (COR). No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Republic Ranger District, Colville National Forest PAGE 12 of 67

Submittal Title Referenced By Specification No.

Submittal Date

Payment Bond Section I 10 days after Contract Award Schedule of Work Section F & I Prior to Work Starting Job Specific Safety Plan Section H With Quote and Updated when Necessary Copy of Required Insurance Coverage Section H Prior to Work Starting Notification of Subcontracting Section G Prior to Subcontractor Starting Work Fire Plan Section I Prior to Work Starting Camping Permit Section H Prior to Work Starting Biobased or BioPreferred Products Section C & I With quote and then in accordance with

FAR 52.223-2

Release of Claims Form Section I Prior to Final Payment Quality Control Plan Specifications Prior to Work Starting Material Certifications and Testing Reports

Specifications Every 1,000 tons

Aggregate Weight Scaling Specifications Continuous During Operations Department of Ecology Permit for Rock Crushing

Section I Prior to On-Site Work

Blasting Plan and Permit Specifications Prior to On-Site Work Hazardous Spill Plan Specifications Prior to On-Site Work

Republic Ranger District, Colville National Forest PAGE 13 of 67

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at Colville National Forest Supervisor’s Office, 765 South Main, Colville, Washington.

Note: Post Award Conference

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the conference.

Supplemental Definitions

Wherever in these provisions, 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:

A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

F. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined in a letter of designation issued by the Contracting Officer.

G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Republic Ranger District, Colville National Forest PAGE 14 of 67

I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

J. Inspector - The person(s) appointed in writing by the Contracting Officer to conduct and document inspections according to contract specifications and provisions. The inspector’s authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance. Inspector may also be called COR/Inspector or Inspector in Training.

K. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

L. Materials - Any substances for use in the construction of the project and its appurtenances.

M. Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

N. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

O. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

P. Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Q. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

R. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

S. Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

T. Utility Services - Are services such as electricity, gas, steam, water and sewage.

U. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

Contracting Officer’s Authority

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be

Republic Ranger District, Colville National Forest PAGE 15 of 67 formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed, it is the Contractor’ responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by the appointed Contracting Officer with the legal authority to bind the contract.

Designation of Contracting Officer's Representative (COR)

A. The Contracting Officer will designate a representative (or representatives), hereinafter referred to as the Contracting Officer’s Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designations will be furnished to the Contractor before or at the post award conference. The Contractor is cautioned to read the COR designation(s) because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used through the Specifications, shall be interpreted in include the Contracting Officer’s designated representative (s) acting within the limits of their delegations of authority.

B. The COR does not have authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions. The COR cannot redelegate their authority to another person.

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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of 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 performance period stated in the contract.)

D. 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 contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Notification of Subcontracting

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

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

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

Republic Ranger District, Colville National Forest PAGE 16 of 67

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

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

Public Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

Republic Ranger District, Colville National Forest PAGE 17 of 67

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

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

A. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by observations and measurements.

B. Weather conditions: Typical for NE Washington.

C. Transportation facilities: Open Forest Service roads with pit gate.

E. Elevation: 3,825 feet

Landscape Preservation

A. The Contractor shall confine operations to within the clearing limits or other areas designated in 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, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

B. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate 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.

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

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Republic Ranger District, Colville National Forest PAGE 18 of 67

Special Blasting Techniques

Government observations and appraisals indicate that the materials in the designated source require specialized blasting techniques in order to reduce the material to a size commensurate with the jaw limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

Conformity with Drawings and Specifications

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

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

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

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

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

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

3. Constitute or imply acceptance; or

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

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

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

Republic Ranger District, Colville National Forest PAGE 19 of 67

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

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

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

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

Rights in and Use in Materials

A. The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

B. Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Traffic Control

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other

Republic Ranger District, Colville National Forest PAGE 20 of 67 protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

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

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

Job Specific Safety Plan

Prior to allowing any work to commence on the project, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract.

Some of these hazardous conditions are, but not limited to: blasting, heavy equipment operation, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

Safety Items

(a) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[] Confined Entry Space.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree Felling.

[X] Fall hazard from work heights exceeding six feet.

[X] Blasting.

[] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[] Tree climbing and/or tower climbing.

[X] Fire hazards.

[X] Hazard materials handling.

[X] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Power tool operation including eye protection.

[X] Overhead hazards.

[X] Slippery and uneven ground conditions.

Republic Ranger District, Colville National Forest PAGE 21 of 67

FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1- 1997.

7. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

Use of Premises

A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Republic Ranger District, Colville National Forest PAGE 22 of 67

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

Washing of Equipment

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

Product Substitution, Shop Drawings and Material Certification

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

Hazardous Materials

Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR 1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

If Contractor maintains storage facilities for oil or oil products in the contract area, Contractor shall take appropriate preventive measures to insure that any releases of such oil or oil products does not enter any stream or other waters, or ground of the United States, or any of the individual States and shall conform to Federal, State, and Local regulations.

Republic Ranger District, Colville National Forest PAGE 23 of 67

If the total oil or oil products storage exceeds 1,320 gallons, or if any single…