AG-8173-S-13-0026_2013__NFSR_300.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-13-0026

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

7/15/2013

PAGE OF PAGES

1 73

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

643906

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Apache-Sitgreaves National Forests Supervisor’s Office – Acquisition Management PO Box 640 30 S. Chiricahua Drive Springerville, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

A. NAME

WARREN ABBOTT

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

(928) 333-6344

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):

AG-8173-S-13-0026 – This solicitation is a 100 percent Total Small Business Set-Aside.

The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a requirement for Re- Establishing NFSR 300 template with aggregate surfacing and lignin sulfonate (located in Coconino County) on the Black Mesa Ranger District. The Government anticipates awarding a Firm Fixed-Price contract under the RFP format. The Small Business size standard under NAICS 237310 is $33.5 Million.

All of this work is covered under the Davis-Bacon Act, for which the appropriate wage determination has been incorporated into the solicitation package. This work requires specialized heavy equipment, transports, and service vehicles. Payment and Performance bonds are required upon award.

Price Range: The Government estimate is in the following range:

(d) Between $250,000 and $500,000;

11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1600 MST (hour) local time AUGUST 7, 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Warren Abbott

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

CONSTRUCTION RFP 2 | P a g e SOL NO. AG-8173-S-13-0026

2013 NFSR 300 RECONSTRUCITON

APACHE-SITGREAVES NFs

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS:

BASE

ITEM

NO.

DESCRIPTION OF SUPPLIES / SERVICES

PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

EXTENDED

PRICE

B1.1 15101 – Mobilization (Includes costs such as payment and performance bonds)

Lump Sum

1 $ $

B1.2 30326 – Road reconditioning

Mile 3.60 $ $

B1.3 30602 – Dust palliative, Type: Lignin Sulfonate

0.5 Gal/S.Y.

Square Yard

50,688 $ $

B1.4 30801 – Roadway aggregate, compaction method 2

Cubic Yard

7,920 $ $

Total for All Base Line Items-- $

The Following Option Items is based on .5 mile increments and may be awarded up to a total of 2.6 miles, if additional funding becomes available:

OPTION

ITEM

NO.

DESCRIPTION OF SUPPLIES / SERVICES

PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

EXTENDED

PRICE

B1.1 15101 – Mobilization (Includes costs such as payment and performance bonds)

Lump Sum

1 $ $

B1.2 30326 – Road reconditioning

Mile 0.50 $ $

B1.3 30602 – Dust palliative, Type: Lignin Sulfonate

0.5 Gal/S.Y.

Square Yard

7,040 $ $

B1.4 30801 – Roadway aggregate, compaction method 2

Cubic Yard

1,100 $ $

Total for Option Line Items-- $

NOTES:

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

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

VENDOR COMPANY NAME:___________________________________________________

AUTHORIZED TO SIGN (NAME):________________________________________________

SIGNATURE:______________________________________ DATE:__________________

ALL VENDOR INFORMATION SUBMITTED ON THIS PAGE SHALL REMAIN CONFIDENTIAL AND USED ONLY AS NEEDED BY THE CONTRACTING OFFICER AND OTHER DESIGNATED GOVERNMENT REPRESENTATIVES FOR THE EVALUATION OR

ADMINISTRATION OF THIS AWARD.

CONSTRUCTION RFP 3 | P a g e SOL NO. AG-8173-S-13-0026

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

_____ Respond with the complete RETURN PACKAGE (SEE SECTION M for Past Performance / Technical Capability)

_____ Provide your DUNS Number ________________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

MANDATORY (FAILURE TO COMPLETE THIS SECTION WILL REMOVE THE OFFER FROM FURTHER CONSIDERATION):

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Alternate 1 (Feb 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

AGAR 452.209-71ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS, Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

CONSTRUCTION RFP 4 | P a g e SOL NO. AG-8173-S-13-0026

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 – DESCRIPTION OF WORK

Furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items for 2013 NFSR 300 Reconstruction in accordance with industry standards and all terms and conditions contained herein.

This project consists of mobilization, reestablishment of road template, furnishing and placing aggregate surfacing and lignin sulfonate as a dust palliative on the 300 road from the intersection with NFSR 105 to the intersection with NFSR 34, for a total of 6 miles.). The project is located on the Black Mesa District of the Apache-Sitgreaves National Forests located in Coconino County, Arizona.

C.2 – LOCATION OF PROJECT

NFSR 300 – Rim Road. From Heber Az., Take State Highway 260 East approximately 30 miles to the intersection of Highway 260 and National Forest Service Road (NFSR) 300. Turn north on NFSR 300 and proceed 3.2 miles to the intersection of NFSR 300 and NFSR 105 (Access to Woods Canyon Lake. This is where the project begins.)

C.3 – STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS

(FP-03 U.S. CUSTOMART UNITS) (2003)

The Standard Specifications of Roads and Bridges on Federal Highway Project (FP-03 U.S. Customary Units), 2003 are included by reference. The requirements contained in theses specifications are hereby made a part of this solicitation and any resultant contract.

The 700-page book entitled “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units), is available from:

Headquarters

Washington DC David K. Green Construction Standards Engineer Internet: David.Green@fhwa.dot.gov Mail: Federal Highway Administration

HFPD-3

400 Seventh Street, SW Washington, DC 20590 http:/www.wfl.fha.dot.gpv/design/specs/fp03.htm mailto:David.Green@fhwa.dot.gov

CONSTRUCTION RFP 5 | P a g e SOL NO. AG-8173-S-13-0026

Applicable sections include Sections designated in the following list and others referenced therein.

Section No. Title

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

104 Control of Work

105 Control of Material

106 Acceptance of Work

107 Legal Relations and Responsibility to the Public

108 Prosecution and Progress

109 Measurement and Payment

151 Mobilization

153 Contractor Quality Control

155 Schedules for Construction Contracts

156 Public Traffic

171 Weed and Disease Prevention

303 Road Reconditioning

306 Dust palliative

308 Minor Crushed Aggregate

703 Aggregate

718 Traffic Signing and Marking Material

725 Miscellaneous Material

C.3 .1 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS TO THE STANDARD SPECIFICATIONS FOR CONSTRUCTION OF

ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS

Forest service supplemental specifications (FSSS) may add to, delete from, or modify the Forest Service Standard Specifications (FP-03). The following FSSS are applicable to this project and are included in full text at the end of this section.

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.

CONSTRUCTION RFP 6 | P a g e SOL NO. AG-8173-S-13-0026

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.

http://www.nist.gov/

CONSTRUCTION RFP 7 | P a g e SOL NO. AG-8173-S-13-0026

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:

CONSTRUCTION RFP 8 | P a g e SOL NO. AG-8173-S-13-0026

Figure 101-1—Illustration of road structure terms.

CONSTRUCTION RFP 9 | P a g e SOL NO. AG-8173-S-13-0026

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.

CONSTRUCTION RFP 10 | P a g e SOL NO. AG-8173-S-13-0026

103 - Scope of Work 103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

CONSTRUCTION RFP 11 | P a g e SOL NO. AG-8173-S-13-0026

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.

CONSTRUCTION RFP 12 | P a g e SOL NO. AG-8173-S-13-0026

105 - Control of Material 105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

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

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

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

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

CONSTRUCTION RFP 13 | P a g e SOL NO. AG-8173-S-13-0026

106 - Acceptance of Work 106.01_nat_us_01_17_2013

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

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

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

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

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

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

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

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

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

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

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

(1) Sampling method;

(2) Number of samples;

(3) Sample transport;

(4) Test procedures;

(5) Testing laboratories;

(6) Reporting;

(7) Estimated time and costs; and

(8) Validation process.

CONSTRUCTION RFP 14 | P a g e SOL NO. AG-8173-S-13-0026

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

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

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

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

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

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

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

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

CONSTRUCTION RFP 15 | P a g e SOL NO. AG-8173-S-13-0026

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.

CONSTRUCTION RFP 16 | P a g e SOL NO. AG-8173-S-13-0026

108 - Prosecution and Progress 108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

CONSTRUCTION RFP 17 | P a g e SOL NO. AG-8173-S-13-0026

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.

CONSTRUCTION RFP 18 | P a g e SOL NO. AG-8173-S-13-0026

153 - Contractor Quality Control 153.04_nat_us_10_24_2007

153.04 Records.

Delete all but the first sentence

CONSTRUCTION RFP 19 | P a g e SOL NO. AG-8173-S-13-0026

155 - Schedules for Construction Contracts 155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

CONSTRUCTION RFP 20 | P a g e SOL NO. AG-8173-S-13-0026

156 - Public Traffic 156.03_nat_us_02_24_2005

156.03 Accommodating Traffic During Work.

Delete the following from the last paragraph:

according to Subsection 106.07(b)

156.04_nat_us_02_24_2005

156.04 Maintaining Roadways During Work.

(a) Add the following:

Do not construct detours outside of the clearing limits or use alternate route detours without the approval of the CO.

156.08_nat_us_02_24_2005

156.08 Traffic and Safety Supervisor.

Delete this subsection in its entirety.

CONSTRUCTION RFP 21 | P a g e SOL NO. AG-8173-S-13-0026

171 - Weed and Disease Prevention 171.00_nat_us_03_30_2005

Description

171.01 This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Material

171.02 Conform to the following Subsection:

Water 725.01

Construction Requirements

171.03 General . Notify the CO in writing at least 15 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the CO with an opportunity to monitor the washing and inspection.

171.04 Equipment. Use a high pressure washing system.

For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. If the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water.

For work at a commercial washing facility, use an approved facility.

171.05 Washing. Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

171.06 Inspection. Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

171.07 Acceptance. Weed prevention will be evaluated under Subsection 106.02.

Measurement

171.08 Do not measure weed prevention for payment.

CONSTRUCTION RFP 22 | P a g e SOL NO. AG-8173-S-13-0026

Payment

171.09 Include all costs associated with the Section 171-Weed Prevention in the unit price for Section 151-Mobilization.

CONSTRUCTION RFP 23 | P a g e SOL NO. AG-8173-S-13-0026

303 - Road Reconditioning 303.01_nat_us_03_02_2005

303.01 Work.

Delete and add the following:

This work consists of reconditioning ditches, shoulders, roadbeds, cattleguards, asphalt surfaces, and aggregate surfaces.

CONSTRUCTION RFP 24 | P a g e SOL NO. AG-8173-S-13-0026

306 - Dust Palliative 306.04_nat_us_03_02_2005

306.04 Preparation and Application.

Add the following to the last paragraph:

When designated, begin compaction as soon as palliative has penetrated enough to prevent pickup of material. Operate rollers over the full width of each layer until visual displacement ceases.

306.06_nat_us_03_02_2005

306.06 Acceptance.

Add the following:

Submit certification and samples as specified in Table 306-1.

CONSTRUCTION RFP 25 | P a g e SOL NO. AG-8173-S-13-0026

306.10_nat_us_03_02_2005 Add Table 306-1:

Table 306-1—Sampling and Testing.

Material or Product

Type of Acceptance (Subsection)

Characteristic Test Method Specification

Sampling Frequency

Point of Sampling

Spilt Reporting Time

Production Certification (Subsection 106.03)

Chemical Composition

Subsection 725 1 per type of material

Source of materials

No Prior to construction

Toxicity Tests(1) EPA Standard Operating Procedure 2022

Specific Gravity Chart (2) (liquid non-petroleum products only)

Material Safety Data Sheet

Quality - First load and determined by the CO thereafter

Hauling vehicle (3)

Samples submitted to the Government

During construction

Note: 1) 96-Hour static toxicity test using Daphnia and juvenal rainbow trout (Oncorhynchus mykiss).

2) Specific Gravity Chart: Correlation of Specific Gravity with percent solids of constituent presented in 1 percent increments beginning with a 5 percent solution up to, including, and exceeding 5 percent (or the solubility limit of the product) the proposed concentration of the undiluted product.

3) If the product is liquid, obtain a two-liter sample from the transfer load. If the product is solid obtain a 1-pound sample from the load.

CONSTRUCTION RFP 26 | P a g e SOL NO. AG-8173-S-13-0026

703 - Aggregate 703.05_nat_us_08_14_2009

Delete 703.05 and replace with the following:

703.05 Subbase, Base, Surface Course, and Screened Aggregate.

(a) Subbase or base aggregate. Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming the following:

(1) Gradation Table 703-2

(2) Liquid limit, AASHTO T 89 25 max.

(3) Plastic limit, AASHTO T 90 Nonplastic

(4) Los Angeles abrasion, AASHTO T 96 40% max.

(5) Sodium sulfate soundness loss (5 cycles), 12% max.

AASHTO T 104

(6) Durability index (coarse), AASHTO T 210 35 min.

(7) Durability index (fine), AASHTO T 210 35 min.

(8) Fractured faces, ASTM D 5821 50% min.

(9) Free from organic matter and lumps or balls of clay

Do not use material that breaks up when alternately frozen and thawed or wetted and dried.

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary. Fine aggregate, material passing the No. 4 sieve, shall consist of natural or crushed sand and fine mineral particles.

(b) Surface course aggregate. Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming the following:

(1) Gradation Table 703-3

(2) Liquid limit, AASHTO T 89 35 max.

(3) Plastic Index, AASHTO T 90

a) If the percent passing the No. 200 sieve is less than 12% 2 to 9

b) If the percent passing the No. 200 sieve is greater than 12% Less than 2

(4) Los Angeles abrasion, AASHTO T 96 40% max.

(5) Sodium sulfate soundness loss (5 cycles), 12% max.

AASHTO T 104

(6) Durability index (coarse), AASHTO T 210 35 min.

(7) Durability index (fine), AASHTO T 210 35 min.

(8) Fractured faces, ASTM D 5821 75% min.

(9) Free from organic matter and lumps or balls of clay

Do not furnish material that contains asbestos fibers.

CONSTRUCTION RFP 27 | P a g e SOL NO. AG-8173-S-13-0026

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary. Fine aggregate, material passing the No. 4 sieve, shall consist of natural or crushed sand and fine mineral particles.

(c) Screened aggregate – Furnish hard, durable particles or fragments of stone, slag, or gravel conforming the following:

(1) Gradation Table 703-16

(2) Plastic Index, AASHTO T 90 Less than 9

(3) Los Angeles abrasion, AASHTO T 96 55% max.

(4) Free from organic matter and lumps or balls of clay.

Obtain the aggregate gradation by crushing, screening, and blending processes as necessary.

CONSTRUCTION RFP 28 | P a g e SOL NO. AG-8173-S-13-0026

Delete Table 703-2 and replace with the following:

Ta b le

-2 rg e t

V al u e

R an ge s fo r

Su b b as e a n d

B as e G ra d at io n

P e rc e n t b y

M as s P as si n g

D e si gn at e d S ie ve

A

A

SH

TO

T a n d T

G ra d in g D e si gn at

E (B as e)

.0

.0

T h e va lu e in t h e p ar en th es e s is t h e al lo w ab le d ev ia ti o fr o m t h e ta rg et v al u es

D

B as e)

.0

.0

C

B as

.0

.0

B

Su b b as

.0

.0

A

Su b b as e

.0

.0

Si ev e Si ze

½ in ch

½

/4

/2

/8

N o

. 4

. 2

CONSTRUCTION RFP 29 | P a g e SOL NO. AG-8173-S-13-0026

Delete Table 703-3 and replace with the following:

b le

-3 rg e t

V al u e

R an ge s fo r

Su rf ac e

G ra d at

P rc e n t b y M as s

P as si n g D e si gn at e d

S ie ve

A A

SH

TO

T a n d

T

G ra d in g D e si gn at

U

.0

.0

T h e va lu e in t h e p ar en th es e s is t h e al lo w ab le d ev ia ti o fr o m t h e ta rg et v al u es

If t h e p la st ic it y in d ex

P

I) is g re at er t h an

, t h e

TV

r an ge f o r th e

N o

. 2 s ie ve s iz e is

-1

T

.0

.0

S

.0

.0

H

.0

.0

G

.0

.0

F

-1

-8

-6

-5

-3

-2

.0 -1

.0

Si ev e Si ze

/2

/4

/2

/8

. 8

. 1

. 2

CONSTRUCTION RFP 30 | P a g e SOL NO. AG-8173-S-13-0026

Add Table 703-16:

Table 703-16 Gradation Requirements for Screened Aggregate

Sieve Size

Percent by Mass Passing Designated Sieve (AASHTO T 27 and T 11)

Grading Designation

L M N O P Q R

6 inch 100 100

4 inch 100 100

3 inch 100 100

2 inch 100

No. 4 15-45 15-45 15-45

CONSTRUCTION RFP 31 | P a g e SOL NO. AG-8173-S-13-0026

718 - Traffic Signing and Marking Material 718.02_nat_us_03_02_2005

718.02 Reserved.

Replace this section with the following:

718.02 Protective Overlay Film and Edge Film.

Protective overlay film will be a high performance flouropolymer film such as 3M Scotchlite Premium Protective Overlay Film Series 1160 or approved equal.

Edge film will be a pressure-sensitive, premium-quality, clear, ultraviolet-resistant, 3 inches wide vinyl film.

718.05_nat_us_08_05_2009

718.05 Aluminum Panels

Delete the third paragraph and replace with the following:

Clean, degrease and properly prepare the panels according to methods recommended by the sheeting manufacturer. Conversion coatings will conform to ASTM B-921 or ASTM B-449.

CONSTRUCTION RFP 32 | P a g e SOL NO. AG-8173-S-13-0026

725 - Miscellaneous Material 725.02_nat_us_03_02_2005

725.02 Calcium Chloride, Calcium Chloride Flakes and Magnesium Chloride.

Add the following:

Ensure that the material does not exceed the following chemical constituents: phosphorous, 25.00 ppm;

cyanide, 0.20 ppm; arsenic, 5.00 ppm; copper 0.20 ppm; lead 1.00 ppm; mercury 0.05 ppm; chromium

0.50 ppm; cadmium 0.20 ppm; barium 10.00 ppm; selenium 5.00 ppm; zinc 10.00 ppm; sulfate 4.3 percent maximum; nitrate 5.0 percent maximum.

725.20 Lignin Sulfonate.

Add the following:

Ensure that the material does not exceed the following chemical constituents: phosphorous, 25.00 ppm;

cyanide, 0.20 ppm; aresenic, 5.00 ppm; copper 0.20 ppm; lead 1.00 ppm; mercury 0.05 ppm; chromium

0.50 ppm; cadium 0.20 ppm; barium 10.00 ppm; selenium 5.00 ppm; zinc 10.00 ppm.

CONSTRUCTION RFP 33 | P a g e SOL NO. AG-8173-S-13-0026

SECTION D - PACKAGING AND MARKING

Not applicable in this solicitation/contract

SECTION E - INSPECTION AND ACCEPTANCE

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/ http://www.usda.gov/procurement/policy/agar.html

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - DELIVERIES OR PERFORMANCE

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 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within _5_ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek shall be Monday through Thursday daylight to dusk and on Friday daylight to Noon. No work shall be performed on weekends from Noon on Friday through Daylight on Monday. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract) http://www.arnet.gov/far/

CONSTRUCTION RFP 34 | P a g e SOL NO. AG-8173-S-13-0026

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Industrial Fire Plan

The following requirements are a part of this solicitation and any resultant contract or permit, and shall be provided at the Contractor’s expense:

1. Wildfire Prevention – During periods of contract/permit performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s

Representative (COR) or Permit Administrator, except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor/Permit holder will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial

Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

4. Fire Prevention Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the

Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good working condition, in such quantities and mix to provide at least one firefighting tool for each person in the Contractor’s workforce engaged in contract operations. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaw may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

CONSTRUCTION RFP 35 | P a g e SOL NO. AG-8173-S-13-0026

The fire toolbox shall be replenished with cleaned, re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial

Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of the alphabetical industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of fuses in blasting shall not be permitted. A Fire Guard must remain on the blasting site for a minimum of one hour after blasting operations have concluded. Required equipment shall consist of at least one 5 lb. fire extinguisher, one long-handled round-pointed shovel size 0 or larger and one 5-gallon hand pump garden sprayer or backpack pump filled with water.

Written permission must be obtained from the CO during fire precaution plan B and C days.

Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding – An area of sufficient size but not less than a 10 foot radius shall be cleared down to bare mineral soil before welding operations are started. Prior to welding, authorized user shall have available a round-pointed long-handled shovel, at least 5-gallons of water, and a 5-pound fire ABC dry chemical extinguisher at each welding site. A Fire Guard must remain on the welding site for a minimum of one hour after welding operations have concluded. Written permission must be obtained from the COR during fire precaution plan B, C, and D days.

Welding is prohibited on Red Flag days.

e. Slash Incineration – Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100 feet. This activity is prohibited on fire precaution plan C, D and Red Flag days. This activity is restricted and only permitted under a specifically-designated contract.

f. Refuse Burning – No slash (such as that resulting from thinning, or clearing a right-of-way), or other debris shall be burned without advance written consent of the Forest Service. Waste such as broken tools, worn tarps, camp tables, etc. shall be disposed of properly off-Forest, rather than burning.

g. Ash disposal – Ash from cooking or warming fires shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

h. Controlled Burning – All planned burns, including pile burns or use of air curtain burners, conducted by the Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project.

The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State

CONSTRUCTION RFP 36 | P a g e SOL NO. AG-8173-S-13-0026 and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the Contractor’s employees conducting burning operations will be required according to the applicable regulations in NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

i. Fire Guard – To prevent, detect, and suppress wildfires, the Contractor/Permit holder shall provide one or more trained Fire Guards at each operating area where internal combustion engines, power-driven equipment, incineration equipment, or camp/warming fires are used.

Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties. The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities. A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of ten (10) minutes to any of the other areas, and provided the Fire Guard patrols all areas where operations have occurred.

Each Fire Guard shall be trained, vigilant, able and prepared, to prevent, detect, and report any wildfire; and to promptly and efficiently take suppression action with available required firefighting equipment and personnel on any wildfire that starts on the contract/project area.

The Fire Guards shall constantly perform their duties during normal operating hours, with an added three (3) hour watch after work stops for the day when the Fire Precaution Plan is at Plan B, C, or D (see Supplement 1). If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D (see Supplement 2), the Fire Guard will perform all requirements specified in the Plan D Authorization Letter issued by the CO.

Each Fire Guard shall be equipped with a vehicle and shall carry a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, two 5-gallon hand pump garden sprayers or backpack pumps, and 25 gallons of water for firefighting purposes. All equipment and tools shall be maintained in serviceable and operable condition. The tool cache for the Fire Guard will be in addition to the Fire Toolbox maintained for the work crews and available for use at both the work site and campsite.

j. Communications –The Contractor shall provide some form of prompt and reliable direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and between the contractor’s operations and the Forest Service. The Contractor’s cell phone number, and Fire Guard’s cell number, or other form of prompt contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

5. Wildfire Suppression

a. The Contractor shall take independent…