Package__3_-_Colville_NF_(Zone_2)_Seed_Project.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-16-0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4-27-2016

PAGE OF PAGES

1 123

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

4. CONTRACT/ / TASK ORDER NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY CODE 05M6 8. ADDRESS OFFER TO

BLOCK 7

USDA Forest Service Mt. Baker-Snoqualmie National Forest Attn: Brian A. Johnson, Contracting Officer 2930 Wetmore Ave., Suite 3A Everett, WA 98201-4067

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(425) 783-6056

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):

Harvey Creek Road Package #3: Zone 2 Colville National Forest

Sullivan Lake Ranger District Washington State

(Pend Oreille County)

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

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

13. . ADDITIONAL SOLICITATION REQUIREMENTS:

12B. CALENDAR DAYS

A. Sealed offers in original and three copies to perform the work required are due at the place specified in Item 8 by 3:30 p.m. (hour) local time May 27, 2016 (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 [ X ] is, [ ] is not required. If project is priced over $150,000, offer guarantee is 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)

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799954

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.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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

Invoice Processing Platform IPP

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return c o p i e s 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)

AMOUNTS

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DUNS No.: ________________________

E-mail: ________________________

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND

PRICES/COSTS SCHEDULE OF ITEMS

Harvey Creek Road Sullivan Lake Ranger District

Colville National Forest W a s h i n g t o n S t a t e ( Pend Oreille County)

B.1 SCHEDULE OF ITEMS

The offeror must provide a price on all items. Award will be on an all or none basis.

PAY

ITEM

NO.

DESCRIPTION

METH.

OF

MEAS.

UNIT

EST.

QUAN

TITY

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

LS

All

All

30318 Roadway Reconditioning CQ Mile 10 $ $

32231 Furnishing and Applying Base Course C Aggregate Compaction Method H

CQ CY 1,190 $ $

Base Items Total: $

Option A

32231 Furnishing and Applying Base Course C Aggregate Compaction Method H

CQ CY 8,344 $ $

Option A Total:

Total Price

Base+Option: $___________

If Offeror does not intend to charge for an item, a price of “0” or “NO COST” must be shown.

B.2 DESIGNATED METHOD OF MEASUREMENT

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).

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

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.

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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.

Award of this requirement will result in a task order against the USDA, Forest Service, Mt Baker – Snoqualmie, Colville, and Okanagan-Wenatchee National Forests, Road Construction Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. All terms and conditions of the IDIQ contract are incorporated into this solicitation and any resultant task order.

B.3 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 within August 31, 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.

B.4 OPTION ITEM 3223 NOTE

Depending on required quantities and available funding, the Government may exercise 1 to 8,344 cubic yards of aggregate.

B.5 BID GUARANTEE, PAYMENT SECURITY, PAYMENT BONDS AND PERFORMANCE

BONDS

Bid Guarantee: If the project is priced over $150,000 a bid guarantee is required (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.

Payment Security: If the project is quoted with a total price greater than $35,000 and less than or equal to $150,000, payment security is required in the form of a Payment Bond or Letter of Credit at 100% of the total project price. Reference FAR 52.228-13.

Performance and Payment Bonds: If the proposal price is over $150,000 both payment and performance bonds will be required after contract award. 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 the contract price. Include the cost of bond payments under 15101 Mobilization.

B.6 FUNDING

Funding for this requirement is currently not available, but is anticipated for this fiscal year. In the event funding is not received, this seed project will be cancelled and no award will be made.

B.7 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.

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SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

This project consists of roadbed reconditioning (blading and shaping, hauling, spreading and compacting aggregate, ditch cleaning) and performing spot repairs in several locations (scarify, furnish, haul, place and compact aggregate).

The Contractor shall include all labor, equipment, supervision, transportation, operating supplies, fuel and incidentals to complete this requirement and related work in compliance with the terms of this contract/task order.

C.2 PROJECT LOCATION

Project is located on the Sullivan Lake Ranger District in Pend Oreille County, Washington State. See maps for exact location.

From Colville, go east on HWY 20 about 36.7 miles to SR 31 about 4.8 mile north to Sullivan Lake Road.

Travel East on Sullivan Lake Road for about 14 miles to Harvey Creek Road (Forest Service Road (FSR) 1935000), which is the start of the project.

C.3 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.

C.4 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.5 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/

C.6 APPLICABLE SPECIFICATIONS

Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this task order. 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.

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C.7 SPECIAL PROJECT SPECIFICATIONS

Special Project Specifications, Forest Service Supplemental Specifications (FSSS) applicable to this task order are attached in Section J.

C.8 PROJECT DRAWINGS

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

Sheet 1 Title Page Sheet 2 Vicinity Map Sheet 3 Estimate of Quantities Sheet 4 Typical Roadway Section Sheet 5 Work Lists

C.9 BIOBASED PRODUCTS

Refer to Section C, Paragraph C-9 in the Base IDIQ contract.

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SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The government issued contract number shall be be referenced by the contractor on all official communications to the government, e.g. letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award.

Note: The solicitation number will have an “S” for the solicitation indicator in the number.

Contracts will have a similar number format but will have a “C” in place of the “S.” Individual Project Task Orders will have a “D.”

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SECTION E--INSPECTION AND ACCEPTANCE

(Refer to Base IDIQ Contract)

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 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 30 calendar days after the notice to proceed.

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

Note: The Government is currently estimating work to start around August 1, 2016.

F.2 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.

F.3 REQUIRED SUBMITTALS

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

Submittal Title Referenced By Specification No. Submittal Date

Schedule of Work Base Contract Include with Bid Proposal

Job Specific Safety Plan Base Contract Prior to Work Starting

Copy of Required Insurance Coverage Base Contract Prior to Work Starting

Notification of Subcontracting Base Contract Prior to Subcontractor Starting Work

Fire Plan Base Contract Prior to Work Starting

Camping Permit Base Contract Prior to Camping

Release of Claims Form Base Contract Prior to Final Payment

Bio-based or Bio-preferred Products FAR 52.223-2 With Proposal and in accordance with Clause

Hazardous Spill Plan FSSS 107.20 Prior to Work Starting

Quality Control Plan FP-03 153.02 Prior to Work Starting

Other Submittals FP-03 & FSSS As required in specifications

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 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 the Colville National Forest Supervisor’s Office, 765 South Main, Colville, Washington 99114.

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.

G.2 GOVERNMENT FURNISHED PROPERTY (GFP)

There is no Government Furnished Property for this task order.

G.3 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 Contractor and subcontractor shall fill out the SF 1413, Statement and Acknowledgement and submit to the Contracting Officer. Other 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.

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.

G.4 INVOICE PROCESSING PLATFORM (IPP)

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). 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.

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 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: The project is subject to seasonal dry weather which may require extra effort on the Contractor’s behalf to ensure proper mix and compaction of roadbed materials.

C. Transportation facilities: The County Road (CO) to the project is a Lowbed accessible.

D. Elevation: 3,600 to 4,400 ft.

H.2 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.

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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 re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

H.3 SAFETY PLAN

Prior to allowing any work to commence on the project, the Contractor shall submit a Safety Plan to the Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work. The safety plan shall include the Personal Protective Equipment (PPE) that the Contractor provides for his/her employees at no cost to them. It shall include how often the PPE is inspected to insure that it is not defective or damaged. It shall include steps the Contractor takes to insure that his/her workers are using the PPE on the worksite and what steps the Contractor uses if an employee is found to be working without the required PPE. The Contractor shall include any safety training he/she provides to his/her employees.

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H.4 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.

[ ] Temporary excavation/deep trenching/slope stability.

[X] Tree Felling.

[ ] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[X] 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.

[ ] Electrical hazard.

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

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

[ ] Power tool operation including eye protection.

[X] Overhead hazards.

H.5 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.

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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.

H.6 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.

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.

H.7 CONTRACTOR’S USE OF EXISTING ROADS

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

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

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

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

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

H.8 FIRE PRECAUTIONARY MEASURES

All Fire Precautionary Measures listed in the base contract are applicable to this task order. This includes:

1. Fire Protection and Suppression (Eastside) Form R6-FS-6300-52

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H.9 ADDITIONAL INFORMATION FOR FAR 52.236-21, SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION

The following is the Plans Order of Precedence if there is a discrepancy in the figures, in the drawings, or in the specifications (reference FAR 52.236-21 Specifications and Drawings for Construction):

(a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

H.10 LOAD LIMITS

All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over width permits. Forest Service overload permits for this project may be obtained from the Supervisor’s Office. Overload Permits must be obtained for all vehicles exceeding posted bridge weight limits. Contractors should anticipate up to 14 days to secure needed overload permits.

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SECTION I--CONTRACT CLAUSES

I.1 CONTRACT CLAUSES

All clauses in the main contract except the ones for material and labor hour contracts are applicable to this task order.

I.2 FAR 52.228-1 BID GUARANTEE (SEP 1996) (APPLICABLE OVER $150,000)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $ NA whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.3 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

(OCT 2010) (APPLICABLE OVER $150,000)

(a) Definitions. As used in this clause—

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

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

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

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

(3) Additional bond protection.

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

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

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

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service

Surety Bond Branch 3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

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

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SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

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

Attachment No. / Attachment Title Pages

1. Specifications and Supplemental Specifications 52

2. Project Drawings 5 Page No. Description - 1 Title Sheet - 2 Vicinity Map - 3 Estimate of Quantities - 4 Road Structure Details - 5 Work Lists -

3. Fire Clauses, R6-FS-6300-52 6

4. DOL Wage Determination (Davis-Bacon Act) 37

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Table of Contents

Table of Contents

Preface

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations

101.04 Definitions

102 - Bid, Award, and Execution of Contract

102 Bid, Award, and Execution of Contract

103 - Scope of Work

Deletions

104 - Control of Work

Deletions

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material Sources

105.02(a) Government-provided sources

105.05 Use of Material Found in the Work

106 - Acceptance of Work

106.01 Conformity with Contract Requirements

106.07 Delete

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims

107.06 Contractor’s Responsibility for Work

107.09 Legal Relationship of the Parties

107.10 Environmental Protection

108 - Prosecution and Progress

108 Delete

109 - Measurement and Payment

109 Deletions

109.02 Measurement Terms and Definitions

Attachment 1 - Forest Service Specifications (52 Pages)

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155 - Schedules for Construction Contracts

155 Delete

171 - Weed and Disease Prevention

201 - Clearing and Grubbing

201.01 Description

201.04 Clearing. (c)

204 - Excavation and Embankment

230 - Roadside Brushing

303 - Road Reconditioning

303.01 Work

303.06 Aggregate Surface Reconditioning

303.06 Asphalt and Aggregate Surface Reconditioning

322 - Minor Aggregate Courses

607 - Cleaning, Reconditioning, and Repairing Existing Drainage Structures

607.04 Cleaning Culverts in Place

635 - Temporary Traffic Control

635.03 General

703 - Aggregate

703.05 Subbase,Base,Surface Course and Screened Aggregate

718 - Traffic Signing and Marking Material

718.05 Aluminum Panels

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Preface

Preface_wo_03_15_2004_m

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

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101 - Terms, Format, and Definitions

101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

mp Milepost ppm Part Per Million

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private

Package #3: Colville NF (Zone 2) Seed Project Harvey Creek Road Page 22 of 123 http://www.nist.gov/ lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S.

Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

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Figure 101-1—Illustration of road structure terms.

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102 - Bid, Award, and Execution of Contract

102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

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103 - Scope of Work

103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

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104 - Control of Work

104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.03_nat_us_02_22_2005

104.03 Drawings and Specifications

Delete subsection 104.03

104.06_nat_us_02_17_2005

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

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105 - Control of Material

105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

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 make reimbursement for the cost of producing these materials.

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106 - Acceptance of Work

106.01_nat_us_01_17_2013

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to

106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.

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(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the Contracting Officer. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method;

(2) Number of samples;

(3) Sample transport;

(4) Test procedures;

(5) Testing laboratories;

(6) Reporting;

(7) Estimated time and costs; and

(8) Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program.

Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The Contracting Officer will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol.

If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

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The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The Contracting Officer will determine disposition of the nonconforming work.

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

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107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the Contracting Officer of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

• Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

• Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

• Exact time and location of spill including a description of the area involved.

• Containment procedures.

• Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

• Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

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When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the Contracting Officer and in a manner that complies with Federal, state, and local laws and regulations.

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