AG67T0S130027-BrooksLakeAggSolv1.docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-67T0-S-13-0027

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

July 29, 2013

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

646138

6. PROJECT NO.

USDA Forest Service

NT-RMAST

1019 N Fifth St Custer SD 57730

(605) 673-9200

Attn: Brenda Anderson

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

(605) 673-9323

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):

Price Range

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

11. The Contractor shall begin performance within 10 calendar days and complete it within 30 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| negotiable. (See Section C.)

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

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

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

<----------------------Quantities------------------------->

Pay

Compaction method A, Vendor Furnished

Base Bid Total

Option 1

Compaction method A, Vendor Furnished

Total with option 1

Option 2

Compaction method A, Vendor Furnished

Total with option 1 and 2

Option 3

Compaction method A, Vendor Furnished

Total with option 1 , 2, and 3

*Unit price prevails.

Non Discrimination Statement

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 - PROJECT DESCRIPTION AND LOCATION

A) General Description and location:

Work will consist of reconditioning roadbeds, furnishing, hauling, and placing aggregate, temporary traffic control, and mobilization. Work shall be in the Brooks Lake Area of the Wind River Ranger District of the Shoshone National Forest.

B) Bidding Structure:

Base Bid: Work included in the base bid is as follows: Recondition roadbed, including widenings, turnouts, intersections, ditches and drainage structures on FSR 515, from its intersection with US 26/287, to FSR 515.1F and on FSR 515.1F, from its intersection with FSR 515 to the boat ramp and around the loop; furnish, haul and place aggregate on FSR 515 from its intersection with US 26/287, indicated as “A” on the map, to its intersection with FSR 516, Bonneville road, approx.. MP 3.9, which is indicated as “B” on the map; associated traffic control necessary for work included in this item.

Bid Option 1: Work included in Bid Option 1 is as follows: furnish, haul and place aggregate on FSR 515 from its intersection with FSR 516, shown as “B” on the map, to its intersection with FSR 515.1F, shown as “C” on the map; associated traffic control for work included in this item.

Bid Option 2: Work included in Bid Option 2 is as follows: furnish, haul and place aggregate on FSR 515.1F from its intersection with FSR 515, shown as “C” on the map, to its termination at the end of the loop with itself FSR 515.1F, shown as “D”; associated traffic control for work included in this item.

Bid Option 3: Work included in Bid Option 3 is as follows: cover all road lengths listed in previous options with a 16’ wide gravel surface.

C) Construction Details:

Reference FP03.

Aggregate placement: Reference detail 301

Traffic Control: FP03 718 Shall be included as incidental to the contract and no additional pay item will be included.

A construction signing plan shall be submitted and approved by the C.O. before construction begins.

Work shall not begin until all required construction signs are in place. Place all construction signs per approved construction signing plan. No separate payment shall be made for construction signing.

If needed or wanted, traffic will be permitted to be stopped no longer than 30 minutes.

A road closure plan may be submitted for approval prior to any road closures. Road closures will only be allowed between Tuesday and Thursday. Roads will be open after 4 PM and the longest allowable closure duration will be 3 hours.

D) Project Location. The beginning of the project is located on the Wind River Ranger District of the Shoshone National Forest at T. 43 N., R. 109 W., Section 8, 6th P.M., with an elevation of approximately 9,200 feet.

To access the project site, drive approximatly 20 miles West of Dubois, WY on Highway 26/287. Turn right on Brooks Lake Road

E) Start Work. It is estimated that the Notice to Proceed for project work will be issued on or about September 1, 2013.

F) Period of Performance. 30 Days from the Notice to Proceed.

G) Use of Premise and Camping. Camping may be allowed in close proximity to the project site in an area approved by the CO. Contractor must apply for a permit to camp. All food and refuse shall be handled according to food storage requirements of the “Use and Occupancy Order” to eliminate grizzly bear/human contact (see Section J).

H) Tools and Equipment. All tools and equipment shall be furnished by the Contractor. All equipment shall be cleaned to eliminate transportation / deposition of hazardous weed seed on National Forest lands.

C- 2 - GOVERNMENT-FURNISHED PROPERTY. None: Aggregate will be supplied by the contractor

C- 3 - SPECIFICATIONS

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

The requirements contained in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S. Customary Units), are hereby made a part of this solicitation and any resultant contract. Special Project Specifications (SPS’s) that amend the FP-03 are contained in this solicitation.

C- 4 – DRAWINGS – See Section J.

C-5 - Special Project Specifications

301 - Untreated Aggregate Courses

301 Title Change.

Change the title to: Section 301 Aggregate Courses

301.01 Work.

Add the following:

Work includes producing aggregate by pit-run, grid rolling, screening, or crushing methods, or placing Government-furnished aggregate. Work may include additive mineral filler, or binder.

301.02 Material.

Bentonite 725.30 Calcium Chloride Flake 725.02 Lignon Sulfonate 725.20 Magnesium Chloride Brine or Calcium Chloride Liquid 725.02

301.03 General.

Written approval of the roadbed is required before placing aggregate.

For pit run or grid-rolled material, furnish material smaller than the maximum size. No gradation other than maximum size will be required for pit-run or grid-rolled material. For grid rolling, use all suitable material that can be reduced to maximum size. After processing on the road, remove all oversize material from the road and dispose of it as directed by the CO.

Provide additives or binder, if required, at the proportions specified.

Develop and use Government furnished sources according to Section 105.

If the aggregate is produced and stockpiled before placement, handle and stockpiled according to Section 320. Establish stockpile sites at locations approved. Clear and grub stockpile sites according to Section 201.

301.04 Mixing and Spreading.

Delete the first sentence of the first paragraph and add the following:

Ensure that aggregate and any required additives, water, mineral filler, and binder are mixed by the specified method except, if crushed aggregate products are being produced and mineral filler, binder, or additives are required, uniformly blend following crushing. Control additive proportions to 0.5 percent dry weight.

(a) Stationary Plant Method. Mix the aggregate with other required materials in an approved mixer. Add water during the mixing operation in the amount necessary to provide the moisture content for compacting to the specified density. After mixing, transport the aggregate to the jobsite while it contains the proper moisture content, and place it on the roadbed or base course using an aggregate spreader.

(b) Travel Plant Method. After placing the aggregate for each layer with an aggregate spreader or windrow-sizing device, uniformly mix it with other required materials using a traveling mixing plant. During mixing, add water to provide the necessary moisture content for compacting.

(c) Road Mix Method. After placing the aggregate for each layer, mix it with other required materials at the required moisture content until the mixture is uniform throughout. Mix aggregate, water, and all other materials until a uniform distribution is obtained.

Spread the aggregate in a uniform layer, with no segregation of size, and to a loose depth that will provide the required compacted thickness.

When placing aggregate over geotextile, place aggregate in a single lift to the full depth specified.

Route and distribute hauling and leveling equipment over the width and length of each layer.

301.05 Compacting

Delete and replace with the following:

Compact each layer full width. Roll from the sides to the center, parallel to the centerline of the road. Along curbs, headers, walls, and all places not accessible to the roller, compact the material with approved tampers or compactors.

Compact the aggregate using one of the following methods as specified:

Compaction A. Operating spreading and hauling equipment over the full width of the travelway.

Compaction B. Operate rollers and compact as specified in Subsection 204.11(a)(1).

Compaction C. Moisten or dry the aggregate to a uniform moisture content between 5 and 7 percent based on total dry weight of the mixture. Operate rollers and compact as specified in Subsection 204.11(a)(1).

Compaction D. Compact to a density of at least 95 percent of the maximum density, as determined by AASHTO T 99, method C or D.

Compaction E. Compact to a density of at least 96 percent of the maximum density, as determined by the Modified Marshall Hammer Compaction Method (available upon request from USDA Forest Service, Regional Materials Engineering Center, P.O. Box 7669, Missoula, MT 59807).

Compaction F. Compact to a density of at least 95 per-cent of the maximum density, as determined by AASHTO T 180, method C or D.

Compaction G. Compact to a density of at least 100 percent of the maximum density as determined by the Modified Marshall Hammer Compaction Method (available upon request from USDA Forest Service, Regional Materials Engineering Center, P.O. Box 7669, Missoula, MT 59807).

For all compaction methods, blade the surface of each layer during the compaction operations to remove irregularities and produce a smooth, even surface. When a density requirement is specified, determine the in place density and moisture content according to AASHTO T 310 or other approved test procedures.

301.08(b) Plasticity Index.

Add the following to the first sentence:

“and under 703.05(c)(1)”.

301.09 Measurement.

Replace the second paragraph with the following:

Measurement shall be in accordance with section 109.02 (b) (Cubic yard in place)

303 – Road Reconditioning

Replace Section 303 in its entirety with the following:

Description

303.01 Work. Recondition existing road; clean ditches, cattleguards, and culverts, including inlets and outlets; remove slide material; scarify where needed; and shape and compact the traveled way and shoulders, including parking areas, turnouts, an approach road intersections.

Construction Requirements

303.02 Blading and Shaping. Unless otherwise SHOWN ON THE DRAWINGS, blade and shape the existing traveled way and shoulders, including turnouts, to remove minor surface irregularities. Where practical, blade road to crown or cross slope of 3%. Establish a blading pattern that will retain the surfacing on the roadbed and provide a thorough mixing of the materials within the completed surface width.

Scarify and shape the existing traveled way and shoulders to 4 inches. Remove any rock larger than 4 inches in its greatest dimension that is brought to the surface during scarification, except as provided below.

When a base or surface course is required, remove to at least 6 inches below existing surface any rocks that protrude above the existing surface more than one-third of the depth of the base or surface course, and any rocks with exposed surface area exceeding 2 feet². Remove all unsuitable materials and place them in areas as SHOWN ON THE DRAWINGS.

Scarify and pulverize existing bituminous surfaces, as SHOWN ON THE DRAWINGS, until all lumps are reduced to the maximum size SHOWN ON THE DRAWINGS. Incorporate the bituminous pulverized aggregate into the traveled way and shoulders.

Similarly treat the traveled way and shoulders of intersecting roads to provide a smooth transition for 50 feet.

303.03 Rock Reduction. Where SHOWN ON THE DRAWINGS, roll the traveled way to break down rocky material. Continue rolling until visual breakdown or visual displacement of rocky material ceases, up to a maximum of five full-width passes. A pass is defined as one complete coverage of the surface.

Use rollers that are specifically designed to break down rocky materials.

303.04 Drainage. Grade the ditches to the typical sections and at the locations SHOWN ON THE DRAWINGS. Clean culverts to drain.

Remove excess materials from the road bed, culverts, and ditches, and place material as

SHOWN ON THE DRAWINGS.

303.05 Cattleguards. Remove the cattleguard deck prior to cleaning, and reinstall it upon completion. Clean the area beneath the cattleguard of soil and other material to the bottom of the original foundation, or as SHOWN ON THE DRAWINGS, over the entire width of the installation.

Never leave the cattleguard opening unattended or open without an adequate barricade.

303.06 Compaction. Shape and compact the traveled way and shoulders using one of the methods described in Subsection 204.11, as listed in the bid schedule.

Measurement

303.07 Method. Measure the Section 303 items listed in the bid schedule according to Subsection109.02 and the following.

Linear measurements will be horizontal along the road centerline.

Quantities will be the number of miles and fractions thereof along the road centerline.

Payment

303.08 The accepted quantities will be paid at the contract price per unit of measurement for the section 303 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this section. See Subsection 109.05.

C-6. SUSTAINABLE PROCUREMENT PROGRAM

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products shall first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program. Example: Construction Materials

C-7. 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-8. 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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

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

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

E-3. Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4. Conformity With Drawings And Specifications

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

SECTION F--DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SUPPLEMENT TO SUSPENSION OF WORK

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

F-2. FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 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. The time stated for completion shall include final cleanup of the premises.

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 within 30 days after the date of contract award. The conference will be held at Location to be determined or a mutually agreed upon location.

G-2. Contract Release

When submitting final payment, Contractor shall provide a signed and dated FS-6300-16 Contract Release or a contract release may be filled out and signed that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________".

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

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

G-4 PAYMENT

Payment will be made at the awarded bid item price for satisfactorily completed work. Partial payment may be authorized by the Contracting Officer.

This contract incorporates the Davis Bacon Wage Rates. Weekly payrolls are mandatory and must be turned into the Contracting Officer Representative for review and approval. Invoices will not be processed until acceptable payrolls have been received.

A signed payment certification must accompany your invoice for payment to be authorized. See attachment 1 in Section J.

Invoices must follow the standard invoicing format and be sent hard copy, electronically via email, or faxed to the Contracting Officer. A copy may be given to the COR.

Send Invoices to: Brenda Anderson USDA Forest Service

NT-RMAST

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. Product Substitution

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

H-2. Submittals, Shop Drawings, Material Certifications and Testing Reports

Material Certifications and Testing Reports The following material certifications and/or testing reports shall be submitted on this project:

H-3. Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-4. Conformity with Drawings and Specifications

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

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

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

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

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

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

3. Constitute or imply acceptance; or

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

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

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

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-5. Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-6. 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-7. Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-8. Road Use and Maintenance

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Road No.

Termini Authorizations, Restrictions & Requirements

Maintenance Required (Yes or No)

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

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

1. The Road Rules in the current Umatilla National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3.Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

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, overwidth permits. Forest Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-9. Traffic Control

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

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

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

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

H-10. Control of Material

Rights In and Use of Materials

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

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

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

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

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-11. Safety

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

H-12. Suspensions for Other Than Government’s Convenience

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

H.13 Washing Equipment – Weeds

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

H.14 – EMERGENCY CONTROL - FIRE PLAN

This plan outlines the channels of responsibilities for fire prevention and suppression activities and sets up an attack procedure in the event of a fire within the project area. The project area is defined as that area within the National Forest and within one-half mile of the project right-of-way, work areas, and all roads used for construction purposes.

A.T OOLS AND EQUIPMENT

1.Tools.

(a) The contractor shall furnish and maintain in a serviceable condition one shovel or pulaski for each of his employees, to be used only for suppressing Forest fires. These tools will be kept in sealed boxes and available within the immediate working areas.

(b) The contractor shall furnish one shovel, LHRP, size 0 or larger, one axe, two pounds or larger, for each truck, each personnel vehicle, each tractor, and each grader. For each welder, he shall furnish one shovel, LHRP, size 0 or larger, and one backpack, five-gallon pump; for each gasoline power tool (power saw, soil auger, ect.), one shovel, LHRP, size 0 or larger, and one eight-ounce chemical pressurized fire extinguisher. Contractor shall also furnish any other equipment called for elsewhere in the contract.

(c) All fire tools and equipment required to be furnished by the contractor shall be in good working condition at all times.

2. Equipment. Prior to the beginning of each fire season, the contractor shall furnish a list of equipment used on the project, on forms provided by the Forest Service.

3. Manpower. The contractor shall furnish a list of supervisory personnel and amount of manpower available on the project, on forms furnished by the Forest Service. Changes in supervisory personnel and amount of manpower shall be reflected in amendment to the list.

B.G ENERAL PROVISIONS

1. Fire Prevention

(a) Burning, Blasting, or Welding. During the period from April 15 through November 15, advance approval in writing will be required and will contain special stipulations pertinent to the particular job.