SF 1442 Cont_0057.pdf

SOL NO: AG-4419-S-09-0057

PROJ NAME: Deferred Rd Maint & Watershed Health II - 04

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

CIM-0919-8R-413-0919-04 (ANF DEFERRED ROAD MTCE AND WATERSHED HEALTH II -- FR 186 460 461 475)

Schedule of Items: FR 186

Item Description

Method of

Measure Unit Quantity Unit Price Amount

01 151(01) - Mobilization LS Lump Sum 1 $ $

203(05) - Removal of structures and obstructions LS

Lump Sum 1 $ $

204(02) - Roadway excavation, compaction method B, finishing method B CQ Mile 3.5 $ $

04 230(50) - Brushing CQ Mile 4 $ $

05 251(01) - Placed riprap, Class NSA Size R-4 CQ Ton 10

301(03) - Aggregate base course, grading pit run, compaction method C CQ

Cubic Yard 432 $ $

301(15) - Aggregate surface course, Type DSA limestone, compaction method C CQ Ton 1867 $ $

08 303(26) - Road reconditioning CQ Mile 3.5 $ $

602(63) - 18 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, method A CQ Foot 248 $ $

10 625(03) - Seeding, hydraulic or dry method LS Lump Sum 1 $ $

11 651(01) - Pit and Quarry Development CQ Each 1 $ $

TOTAL $

Schedule of Items: FR 460

Method of

Measure Unit Quantity Unit Price Amount

12 151(01) - Mobilization LS Lump Sum 1 $ $

13 201(02) - Clearing and grubbing LS Lump Sum 1 $ $

14 203(01) - Removal of culverts LS Each 4 $ $

15 230(50) - Brushing CQ Mile 1.1 $ $

16 251(01) - Placed riprap, Class NSA Size R-4 CQ Ton 3

301(03) - Aggregate base course, grading pit run, compaction method B CQ

Cubic Yard 1725 $ $

18 303(26) - Road reconditioning CQ Mile 1.1 $ $

602(63) - 18 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, method A CQ Foot 90 $ $

602(63) - 36 inch aluminized steel, type 2, corrugated steel pipe, 0.079 inch thickness, method A CQ Foot 62 $ $

21 625(03) - Seeding, hydraulic or dry method LS Lump Sum 1 $ $

650(01) - Furnish and install road closure device, type gate, size 21' CQ Each 1 $ $

23 651(01) - Pit and Quarry Development CQ Each 1 $ $

Schedule of Items: FR 461

Method of

Measure Unit Quantity Unit Price Amount

24 151(01) - Mobilization LS Lump Sum 1 $ $

25 201(02)) - Clearing and grubbing LS Lump Sum 1 $ $

26 203(01) - Removal of culverts CQ Each 2 $ $

27 230(50) - Brushing CQ Mile 0.8 $ $

301(03) - Aggregate base course, grading pit run, compaction method C CQ

Cubic Yard 1270 $ $

29 303(26) - Road reconditioning CQ Mile 0.8 $ $

602(63) - 18 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, method A CQ Foot 94 $ $

31 625(03) - Seeding, hydraulic or dry method LS Lump Sum 1 $ $

650(01) - Furnish and install road closure device, type gate, size 21' CQ Each 1 $ $

33 651(01) - Pit and Quarry Development CQ Each 1 $ $

Schedule of Items: FR 475

Method of

Measure Unit Quantity Unit Price Amount

34 151(01) - Mobilization LS Lump Sum 1 $ $

203(05) - Removal of structures and obstructions LS

Lump Sum 1 $ $

301(03) - Aggregate base course, grading pit run, compaction method C CQ

Cubic Yard 240 $ $

301(15) - Aggregate surface course, Type DSA limestone, compaction method C CQ Ton 92 $ $

38 303(26) - Road reconditioning CQ Mile 1.5 $ $

602(63) - 18 inch aluminized steel, type 2, corrugated steel pipe, 0.064 inch thickness, method A CQ Foot 52 $ $

40 625(03) - Seeding, hydraulic or dry method LS Lump Sum 1 $ $

41 633(01) - Sign System CQ Each 1 $ $

42 651(01) - Pit and Quarry Development CQ Each 1 $ $

TOTAL (Project total FR 186, 460, 461, 475 ) $

QUOTERS PLEASE NOTE:

1. Award will be to one contractor.

2. Insert a price opposite each item for which a quantity appears. Failure to do so will preclude consideration of the quote.

3. For method of measurement and standard specifications please refer to “Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units, U.S. Department of Transportation – Federal Highway A

4. As a construction project, there will be requirements for payment protection. See section I, Clause 52.228-2, 11, 13, and 14.

5. Abbreviations used: LS = Lump Sum; CQ = Contract Quantity

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract :

This project includes deferred maintenance on Forest Roads 186, 460, 461 and 475. Work includes mobilization, brushing, road reconditioning, culvert replacement and the application of Driving Surface Aggregate (DSA) Limestone surfacing on a portion of Forest Roads 186.

Project Location:

Kane, PA. McKean County.

Price Range

The Government's estimate is:

between $100,000 and $250,000.

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.

SECTION D--PACKAGING AND MARKING

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

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

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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/

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 _10_ 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 _60 calendar days after receipt of Notice To Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 52.204-11 American Recovery and Reinvestment Act-reporting Requirements (Mar 2009) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY

2008) (Applicable if contract exceeds $30,000) 52.215-2 Audit and Records-Negotiation w/Alt I (Mar 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2003)

52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996) (Applicable if contract is over $30,000)

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;

or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the

FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227- 2423, or 269-961-5757.

FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: _NONE_____

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-15 Performance and Payment Bonds—Construction (Nov 2006)

(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 $100,000 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.

(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.

(End of clause)

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

ATTACHMENT 1: SCOPE OF WORK

ATTACHMENT 2: MAP

ATTACHMENT 3: SIGNAGE

ATTACHMENT 4: GATE DETAILS

ATTACHMENT 5: PIT PLAN

ATTACHMENT 6: EXPERIENCE/CAPABILITY STATEMENT

ATTACHMENT 7: DAVIS-BACON WAGE DETERMINATION

ATTACHMENT 8: ARRA REPORT

ATTACHMENT 9: ARRA REPORTING INSTRUCTIONS

ATTACHMENT I

SCOPE OF WORK

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.

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 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:

Figure 101-1—Illustration of road structure terms.

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.

103 - Scope of Work 103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

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.

105 - Control of Material 105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

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.

106 - Acceptance of Work 106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

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 CO 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.

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 CO and in a manner that complies with Federal, state, and local laws and regulations.

108 - Prosecution and Progress 108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment 109.00_nat_us_02_17_2005

109 Deletions Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

155 - Schedules for Construction Contracts 155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

201 - Clearing and Grubbing 201.00_nat_us_05_01_2006

201.02 Delete:

Delete Tree wound dressing material reference.

201.03 General.

Delete the last sentence.

201.04 Clearing.

Delete the last sentence of (d).

201.01_nat_us_02_18_2005

201.01 Description

Replace with the following

This work consists of clearing and grubbing within clearing limits and other designated areas.

201.04_nat_us_02_18_2005

201.04 Clearing.

Add the following:

When marked in advance, remove dead trees over 6 inches in diameter measured at 12 inches above the ground that lean toward the road and are tall enough to reach the roadbed.

203 - Removal of Structures and Obstructions 203.01_nat_us_02_25_2005

203.01 Description.

Delete and replace with the following:

This work consists of disposing of construction slash and debris, salvaging, removing, and disposing of buildings, fences, structures, pavements, culverts, utilities, curbs, sidewalks, and other obstructions.

203.04_nat_us_02_18_2005

203.04 Removing Material.

Replace the fourth and fifth paragraphs with the following:

Where part of an existing culvert is removed, remove the entire culvert upstream from the removal. The remaining downstream culvert may be left in place if no portion of the culvert is within 12 inches of the subgrade, embankment slope, or new culvert or structure; and the culvert ends are sealed with concrete.

Remove structures and obstructions in the roadbed to 12 inches below subgrade elevation. Remove structures and obstructions outside the roadbed to 12 inches below finished ground or to the natural stream bottom.

203.08_nat_us_02_24_2005

203.08 Payment

Add the following:

Disposal of construction slash will be compensated under the designated pay item in Section 201.

204 - Excavation and Embankment 204.00_01_us_10_11_2006

Delete Section 204 in its entirety and replace with the following.

Description

204.01 This work consists of excavating material, constructing embankments and drainage excavation. This includes furnishing, hauling, stockpiling, placing, disposing, sloping, shaping, compacting, and finishing earthen and rocky material.

204.02 Definitions.

(a) Excavation. Excavation consists of the following:

(1) Roadway excavation. All material excavated from within the right-of-way or easement areas, except subexcavation covered in (2) below and structure excavation covered in Sections 208 and 209. Roadway excavation includes all material encountered regardless of its nature or characteristics.

(2) Subexcavation. Material excavated from below subgrade elevation in cut sections or from below the original groundline in embankment sections.

Subexcavation does not include the work required by Subsections 204.05, 204.06(b), and 204.06(c).

(3) Borrow excavation. Material used for embankment construction that is obtained from outside the roadway prism. Borrow excavation includes unclassified borrow, select borrow, and select topping.

(b) Embankment construction. Embankment construction consists of placing and compacting roadway or borrow excavation. This work includes:

(1) Preparing foundation for embankment;

(2) Constructing roadway embankments;

(3) Benching for side-hill embankments;

(4) Constructing dikes, ramps, mounds, and berms; and

(5) Backfilling subexcavated areas, holes, pits, and other depressions.

(c) Conserved topsoil. Excavated material conserved from the roadway excavation and embankment foundation areas that is suitable for growth of grass, cover crops, or native vegetation.

(d) Waste. Excess and unsuitable roadway excavation and subexcavation that cannot be used.

Material

204.03 Conform to the following Subsections:

Backfill material 704.03 Select borrow 704.07 Select topping 704.08 Topping 704.05

Unclassified borrow 704.06 Water 725.01

Construction Requirements

204.04 Preparation for Roadway Excavation and Embankment

Construction. Clear the area of vegetation and obstructions according to Sections 201 and 203.

204.05 Reserved.

204.06 Roadway Excavation. Excavate as follows:

(a) General. Do not disturb material and vegetation outside the construction limits.

Incorporate only suitable material into embankments. Replace any shortage of suitable material caused by premature disposal of roadway excavation At the end of each day's operations, shape to drain and compact the work area to a uniform cross-section. Eliminate all ruts and low spots that could hold water.

Retrieve material deposited outside of the clearing limits as directed by the

CO.

(b) Rock cuts. Blast rock according to Section 205. Excavate rock cuts to 6 inches below subgrade within the roadbed limits. Backfill to subgrade with topping or with other suitable material. Compact the material according to Subsection 204.11 When blasting rock, use blasting methods according to Subsection 205.08.

(c) Earth cuts. Scarify earth cuts to 6 inches below subgrade within the roadbed limits. Compact the scarified material according to Subsection 204.11.

(d) Pioneer Roads. Road pioneering, slash disposal, and grubbing of stumps may proceed concurrently with excavation. Conduct excavation and placement operations so material to be treated under Section 201 will not be incorporated into the roadway unless specified in the slash treatment method.

Maintain drainage during pioneering operations.

Remove snow and ice in advance of the work and deposit beyond the roadway limits in a manner that will not waste material or generate sediment.

Do not incorporate snow and ice into embankments. Place snow or ice in a manner to prevent resource damage.

(e ) Drainage Excavation. Drainage excavation includes construction of all ditches, minor channel changes, drainage dips, catchbasins, surface water deflectors, and other minor drainage structures. Compact by Method (f) unless otherwise shown on the plans. Excavate on a uniform grade between control points.

204.07 Subexcavation. Excavate material to the limits as designated. Take cross-sections according to Section 152. Prevent unsuitable material from becoming mixed with the backfill. Dispose of unsuitable material according to Subsection 204.14. Backfill the subexcavation with topping, or other suitable material. Compact the material according to Subsection 204.11.

204.08 Borrow Excavation. Use all suitable roadway excavation in embankment construction. Do not use borrow excavation when it results in excess roadway excavation. Deduct excess borrow excavation from the appropriate borrow excavation quantity.

Obtain borrow source acceptance according to Subsection 105.02. Develop and restore borrow sources according to Subsection 105.03. Do not excavate beyond the established limits. When applicable, shape the borrow source to permit accurate measurements when excavation is complete.

204.09 Preparing Foundation for Embankment Construction. Prepare foundation for embankment construction as follows:

(a) Embankment less than 4 feet high over natural ground. Unless otherwise designated by the CO, remove topsoil. Break up the ground surface to a minimum depth of 6 inches by plowing or scarifying. Compact the ground surface according to Subsection 204.11.

(b) Embankments over an existing asphalt, concrete, or gravel road surface. Scarify gravel roads to a minimum depth of 6 inches. Scarify or pulverize asphalt and concrete roads to 6 inches below the pavement.

Reduce all particles to a maximum size of 6 inches and produce a uniform material. Compact the surface according to Subsection 204.11.

(c) Embankment across ground not capable of supporting equipment.

Dump successive loads of embankment material in a uniformly distributed layer to construct the lower portion of the embankment. Limit the layer thickness to the minimum depth necessary to support the equipment.

(d) Embankment on an existing slope steeper than 1V:3H. Cut horizontal benches in the existing slope to a sufficient width to accommodate placement and compaction operations and equipment. Bench the slope as the embankment is placed and compacted in layers. Begin each bench at the intersection of the original ground and the vertical cut of the previous bench.

204.10 Embankment Construction. Incorporate only suitable roadway excavation material into the embankment. When the supply of suitable roadway excavation is exhausted, furnish unclassified borrow to complete the embankment. Obtain written approval before beginning construction of embankments over 6 feet high at subgrade centerline. Construct embankments as follows:

(a) General. At the end of each day's operations, shape to drain and compact the embankment surface to a uniform cross-section. Eliminate all ruts and low spots that could hold water.

During all stages of construction, route and distribute hauling and leveling equipment over the width and length of each layer of material.

Compact embankment side slopes flatter than 1V:1.75H with a tamping type roller or by walking with a dozer. For slopes 1V:1.75H or steeper, compact the slopes as construction of the embankment progresses.

Where placing embankment on one side of abutments, wing walls, piers, or culvert headwalls, compact the material using methods that prevent excessive pressure against the structure.

Where placing embankment material on both sides of a concrete wall or box structure, conduct operations so compacted embankment material is at the same elevation on both sides of the structure.

Where structural pilings are placed in embankment locations, limit the maximum particle size to 4 inches.

(b) Embankment within the roadway prism. Place embankment material in horizontal layers not exceeding 12 inches in compacted thickness.

Incorporate oversize boulders or rock fragments into the 12-inch layers by reducing them in size or placing them individually as required by (c) below.

Compact each layer according to Subsection 204.11 before placing the next layer.

Material composed predominately of boulders or rock fragments too large for 12-inch layers may be placed in layers up to 24 inches thick. Incorporate oversize boulders or rock fragments into the 24-inch layer by reducing them in size or placing them individually according to (c) below. Place sufficient earth and smaller rocks to fill the voids. Compact each layer according to Subsection 204.11 before placing the next layer.

(c) Individual rock fragments and boulders. Place individual rock fragments and boulders greater than 24 inches in diameter as follows:

(1) Reduce rock to less than 48 inches in the largest dimension.

(2) Distribute rock within the embankment to prevent nesting.

(3) Place layers of embankment material around each rock to a depth not greater than that permitted by (b) above. Fill all the voids between rocks.

(4) Compact each layer according to Subsection 204.11 before placing the next layer.

(d) Embankment outside of roadway prism. Where placing embankment outside the staked roadway prism, place material in horizontal layers not exceeding 24 inches in compacted thickness. Compact each layer according to Subsection 204.11.

204.11 Compaction. Compact the embankment using one of the following methods as specified:

(a) Compaction A. Use AASHTO T 27 to determine the amount of material retained on a Number 4 sieve. If there is more than 80 percent retained on the No. 4 sieve use procedure (1). If there is 50 to 80 percent retained on the No. 4 sieve use procedure (2). If there is less than 50 percent retained on the No. 4 sieve use procedure (3).

(1) Adjust the moisture content to a level suitable for compaction. Fill the interstices around rock with earth or other fine material as practical. Use compression-type rollers at speeds less than 6 feet per second and vibratory rollers at speeds less than 3 feet per second. Compact each layer of material full width with one of the following and until there is no visible evidence of further consolidation.

(a) Four roller passes of a vibratory roller having a minimum dynamic force of 40,000 pounds impact per vibration and a minimum frequency of 1000 vibrations per minute.

(b) Eight roller passes of a 20-ton compression-type roller.

(c) Eight roller passes of a vibratory roller having a minimum dynamic force of 30,000 pounds impact per vibration and a minimum frequency of 1000 vibrations per minute.

Increase the compactive effort for layers deeper than 12 inches as follows:

• For each additional 6 inches or fraction thereof, increase the number of roller passes in (a) above by four passes.

• For each additional 6 inches or fraction thereof, increase the number of roller passes in (b) and (c) above, by eight passes.

(2) Use AASHTO T 99 to determine the optimum moisture content of the portion of the material passing a No. 4 sieve. Multiply this number by the percentage of material passing a No. 4 sieve, and add 2 percent to determine the optimum moisture content of the material. Adjust the moisture content of material classified A-1 through A-5 to a moisture content suitable for compaction. Adjust the moisture content of material classified A-6 and A-7 to within 2 percent of the optimum moisture content.

Use compression-type rollers at speeds less than 6 feet per second and vibratory rollers at speeds less than 3 feet per second. Compact each layer of material full width according to (1) above.

(3) Classify the material according to AASHTO M 145. For material classified A-1 or A-2-4, determine the maximum density according to AASHTO T 180, method D. For other material classifications, determine the optimum moisture content and maximum density according to AASHTO T 99, method C.

Adjust the moisture content of material classified A-1 through A-5 to a moisture content suitable for compaction. Adjust the moisture content of material classified A-6 and A-7 to within 2 percent of the optimum moisture content.

Use compression-type or vibratory rollers. Compact each layer of material full width to at least 95 percent of the maximum density. Determine the in-place density and moisture content according to AASHTO T 310 or other approved test procedures.