AG-82B1-S-10-0127.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER INSTRUCTIONS

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: AG-82B1-S-10-0127

OFFERS ARE SOLICITED FOR: RECOVERY NFSR #38 AND NFSR #895 GRAVEL RESURFACING,

CRUSHING & LAYDOWN PROJECTS

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO

THIS SOLICITATION:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 5-7). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 42-48). (Complete the Representations and

Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

5. Bid Guarantee

6. Acknowledgement of Amendments

7. Technical Proposal in accordance with the instruction in Provision L-9.

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR

REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-3 – FAR

52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE

ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

RECOVERY Rd #38 and Rd #895 Gravel AG-82B1-S-10-0127

Resurfacing, Crushing & Laydown Page 2

Table of Contents

PART I – THE SCHEDULE

SECTION B – Supplies or Services and Prices/Costs

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packing and Marking

SECTION E – Inspection and Acceptance

SECTION F – Description and Performance

SECTION G – Contract Administration Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

SECTION L – Solicitation Provisions

SECTION M – Evaluation Factors for Award

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

359536

US FOREST SERVICE

EROC INTERMOUNTAIN

740 SIMMS STREET

GOLDEN CO 80401-4720

82B1

STEPHEN PATTON 907-228-6240

AG-82B1-S-10-0127

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

TAS::12 1102::TAS RECOVERY NFSR #38 and NFSR #895 Gravel Resurfacing, Crushing &

Laydown Projects, Flathead National Forest.

ARRA Project Numbers CIM-0110-02R and CIM-0110-05R

Price Range: The estimated price range is: $1,000,000 - $5,000,000

This solicitation and any resulting contract(s) will utilize funds provided by the

American Recovery and Reinvestment Act (ARRA) of 2009. Inclusion of unique clauses and provisions required in implementing the Act, including those for significant reporting and transparency, will be required of the successful offeror(s).

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 calendar days and complete it within ________________ ________________ calendar days after receiving

Clause F-2

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) spatton Typewritten Text X spatton Typewritten Text 3/9/10 spatton Typewritten Text xx spatton Typewritten Text xxx spatton Typewritten Text by 9/1/11 spatton Typewritten Text xxxxxxxxxxxxxx spatton Typewritten Text xxxxx spatton Typewritten Text xxxxxxxxxxx spatton Typewritten Text spatton Typewritten Text xx spatton Typewritten Text spatton Typewritten Text

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

US FOREST SERVICE

EROC INTERMOUNTAIN

740 SIMMS STREET

GOLDEN CO 80401-4720

82B1

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

spatton Typewritten Text xx spatton Typewritten Text xx spatton Typewritten Text spatton Typewritten Text

Resurfacing, Crushing & Laydown Page 5

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Flathead National Forest, NFSR #38 and Rd #895

Gravel Resurfacing, Crushing & Laydown Projects

Hungry Horse & Spotted Bear Ranger Districts

Flathead National Forest

Flathead County, Montana

B-1 Schedule of Items - NFSR #38 Project

BASE

ITEM NO. DESCRIPTION METHOD

OF

MEAS.*

PAY

UNIT

EST.

QTY.

UNIT PRICE AMOUNT OFFERED

304(10) Crushed Aggregate, Type

Surfacing, Grading G, Compaction B

DQ C.Y. 97,510 $___________ $____________

306(01) Reconditioning of Roadbed, DQ Mile 45.193 $___________ $____________

601(01) Mobilization LSQ L.S. 1 XXXXXXXXX $____________

611(01)A Quarry Development - 007 LSQ L.S. 1 XXXXXXXXX $____________

611(01)B Quarry Development - Peters LSQ L.S. 1 XXXXXXXXX $____________

Total Amount Offered - BASE $__________________________

OPTIONAL ITEMS

MEAS.*

PAY

UNIT

EST.

304(16)A 007 Quarry Stockpiled

Aggregate, Type Surfacing, Grading G

DQ C.Y. 10,000 $___________ $____________

304(16)B Peters Quarry Stockpiled

Total Amount Offered - Optional Items $__________________________

Total Amount Offered All Items – (BASE + OPTIONAL ITEMS) $__________________________

Resurfacing, Crushing & Laydown Page 6

B- 2 Schedule of Items – NFSR #895 Project

BASE

MEAS.*

PAY

UNIT

EST.

304(10) Crushed Aggregate, Type Surfacing, Grading G, DQ C.Y. 55,320

304(16) G Wounded Buck Quarry

DQ C.Y. 3,200 $___________ $___________

Stockpiled Aggregate Type

Surfacing, Grading G

304(16) D Wounded Buck Quarry Stockpiled Aggregate, Type Base Course, Grading D

DQ C.Y. 24,300 $___________ $___________

304(16)4 Wounded Buck Quarry Stockpiled Aggregate, Type

DQ C.Y. 9,627 $___________ $___________

Select Granular Backfill, (Crushed, 4” Minus)

306(01) Recondtioning of Roadbed, DQ Mile 40.406 $___________ $____________

601(01) Mobilization LSQ L.S. 1 XXXXXXXXX $____________

611(01)A Quarry Development – Wounded Buck

LSQ L.S. 1 XXXXXXXXX $____________

611(01)B Quarry Development - Mazie LSQ L.S. 1 XXXXXXXXX $____________

611(01)C Quarry Development - Airport LSQ L.S. 1 XXXXXXXXX $____________

Total Amount Offered - BASE $__________________________

OPTIONAL ITEMS

MEAS.*

PAY

UNIT

EST.

304(16)A Wounded Buck Quarry Stockpiled Aggregate, Type Surfacing, Grading G

304(16)B Mazie Quarry Stockpiled

Resurfacing, Crushing & Laydown Page 7

MEAS.*

PAY

UNIT

EST.

304(16)C Airport Quarry Stockpiled

Total Amount Offered – Optional Items $__________________________

Total Amount Offered All Items – (BASE + OPTIONAL ITEMS) $__________________________

* Designated Method of Measurement:

AQ - Actual Quantities, DQ - Designed Quantities; LSQ - Lump Sum Quantities

Contractor Name: Phone:

Signature: Fax:

Email:

Address: Tin:

City, State, Zip: DUNS:

Notes:

(1) The Government anticipates making multiple awards by project under this solicitation. Offerors desiring to propose on only one particular project should complete only the schedule of items pertaining to that project.

Offerors desiring to be considered for either one or both projects may limit their award exposure by completing the following:

This offer is tendered on the basis that the offeror will accept either the Rd #38 or the Rd #895 projects but not both.

This offer is tendered for both projects on an all or none basis.

In the event that an offeror submits an offer which is apparently successful for both projects but which limits itself to award of only one project, the Government will make award in its own best interest.

(2) In the event that both the Rd #38 and Rd #895 projects are awarded to a single offeror, the performance times will run concurrently.

(3) Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction

Contracts, shall not be in addition to the contract price.

(4) The Government has priortized work on separate schedules for the BASE and OPTIONAL or for both projects.

Award will be made on the various bid schedules on a best value basis and in the best interest of the Government and in consideration of the funds available for these projects.

Resurfacing, Crushing & Laydown Page 8

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 Scope of Contract

C-1.1 Road #38 Project

This project is for the reconditioning and crushed aggregate production and laydown on the Eastside

Hungry Horse Reservoir Road No. 38, with the option for stockpiling additional aggregate at each of the two quarry sites. The work includes but is not limited to mobilizing equipment, reconditioning existing roads, developing quarry sites, crushing and laydown of aggregate, optional stockpiling of aggregate, and all other incidental items necessary to complete the project in accordance with the plans and specifications.

C-1.2 Road #895 Project

This project is for the reconditioning and crushed aggregate production and laydown on the Westside

Hungry Horse Reservoir Road No. 895, with the option for stockpiling additional aggregate at each of the three quarry sites. The work includes but is not limited to mobilizing equipment, reconditioning existing roads, developing quarry sites, crushing and laydown of aggregate, optional stockpiling of aggregate, and all other incidental items necessary to complete the project in accordance with the plans and specifications.

C-2 Project Location

C-2.1 Road #38 Project

This project involves the reconditioning of three sections totally 45.193 miles of the Eastside Hungry Horse

Reservoir Road, NFS Road No. 38, on the Hungry Horse and Spotted Bear Ranger Districts of the Flathead

National Forest, quarry development at the 007 and Peters Creek Quarry sites, and the crushing and laydown of crushed aggregate surfacing. The work is located on the eastside of Hungry Horse Reservoir, south of Martin City, in Flathead County, Montana.

C-2.2 Road #895 Project

This project involves the reconditioning of 40.406 miles of the Westside Hungry Horse Reservoir Road, NFS Road No. 895, on the Hungry Horse and Spotted Bear Ranger Districts of the Flathead National

Forest, quarry development at the Wounded Buck, Mazie, and Airport Quarry sites, and the crushing and laydown of crushed aggregate surfacing. The work is located on the westside of Hungry Horse Reservoir, south of the town of Hungry Horse, in Flathead County, Montana.

C-3 Price Range

The individual estimated price ranges for the projects are between $1,000,000 and $5,000,000.

C-4 Government-Furnished Materials

Resurfacing, Crushing & Laydown Page 9

C-4.1 Road #38 Project

Item 304(10) Crushed Aggregate Surfacing- Government Source - The designated sources for developing crushed aggregate surfacing material are the Government Sources at 007 Quarry (Section 25, T. 30 N., R.

19 W., PMM) and the Peters Creek Quarry (Section 29, T. 27 N., R. 16 W., PMM).

C-4.2 Road #895 Project

Item 304(10) Crushed Aggregate Surfacing- Government Source - The designated sources for developing crushed aggregate surfacing material are the Government Sources at Wounded Buck Quarry (Section 19, T. 29 N., R. 18 W., PMM), Mazie Quarry (Section 5, T. 27 N., R. 17 W., PMM), and the Airport Quarry

(Section 1, T. 25 N., R. 16 W., PMM).

C-5 Standard Specifications

Flathead National Forest, NFSR #38 Gravel Resurfacing, Crushing & Laydown Project Specifications for Construction of Roads (November, 2009) and Flathead Nationl Forest, NFSR #895 Gravel

Resurfacing, Crushing & Laydown Project Specifications for Construction of Roads (December, 2009) are included in this solicitation in their entirety as Section J attachments.

C-6 Supplemental Specifications

No Special Project Specifications are incorporated into this solicitation or any resultant contract.

C-7 452.211-72 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-8 452.211-73 Attachments to Statements 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.

Resurfacing, Crushing & Laydown Page 10

SECTION D – PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

Resurfacing, Crushing & Laydown Page 11

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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

Resurfacing, Crushing & Laydown Page 12

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 and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

52.242-14 Suspension of Work (APR 1984)

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

(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 September 1, 2011. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 15, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payments bonds within the time specified in the offer.

F-3 Rd #38 Project Work Restrictions

Work at the quarry sites is restricted to the following periods:

007 Quarry - work allowed year around, no time restrictions

Peters Quarry - work only between May 15 to November 30.

F-4 Road #895 Project Work Restrictions

Work at the quarry sites is restricted to the following periods:

Wounded Buck Quarry - work only between July 1 and November 30, 2010

Mazie Quarry - work only between May 15 to November 30.

Airport Quarry - work only between May 15 to November 30.

F-5 FAR 52.236-8 Other Contracts (APR 1984)

Resurfacing, Crushing & Laydown Page 13

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting

Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

F-5.1 Rd #38 Work Restrictions

During the time of this contract the following project activities under separate contract will also be occurring:

-Lost Mare Pipe Replacement - Road 38, Mile Post 12.881

Contract Period - July 15 to August 30, 2010 with up to a three week closure of the

Eastside Hungry Horse Road No. 38 at the Lost Mare Creek crossing during that period.

-Canyon Creek Bridge Replacement - Road 38, Mile Post 26.339

Contract Period - July 15 to September 30, 2010 with closure of the Eastside Hungry Horse

Road No. 38 at the Canyon Creek crossing to heavy truck hauling during the time of new bridge construction in that period. Passage of personal transport vehicles allowed throughout the entire period with some periods of traffic delay or slowdown.

-Peters Creek Pipe Replacement - Road 38, Mile Post 41.229

Contract Period - July 15 to August 30, 2010 with up to a three week closure of the

Eastside Hungry Horse Road No. 38 during that period. This three week closure will differ from the three week closure listed above and occurring at the Lost Mare crossing.

-Westside Hungry Horse Reservoir NFSR #895 Gravel Resurfacing

Contract Period - May 15, 2010 to September 1, 2011 with some periods of traffic delay or slowdown during that period.

-Westside Hungry Horse Reservoir NFSR #895 Repaving, Mile Post 4.394 to Mile Post 15.162

Contract Period - September 1, 2010 to September 1, 2012 with some periods of total traffic closure and some times of traffic delay or slowdown during that period.

The Contractor shall accommodate these other third-party work activities in the planning and execution of this contract.

F.5.2 Rd #895 Work Restrictions

During the time of this contract the following project activities under separate contract will be occurring at the same time:

-Westside Hungry Horse Reservoir NFSR #895 Repaving, Mile Post 4.394 to Mile Post 15.162

Contract Period - September 1, 2010 to September 1, 2012 with some periods of total traffic closure and some times of traffic delay or slowdown during that period.

-Eastside Hungry Horse Reservoir NFSR #38 Gravel Resurfacing

Contract Period - May 15, 2010 to September 1, 2011 with some periods of traffic delay or slowdown during that period.

-Lost Mare Pipe Replacement - Road 38, Mile Post 12.881

Contract Period - July 15 to August 30, 2010 with up to a three week closure of the

Eastside Hungry Horse Road No. 38 at the Lost Mare Creek crossing during that period.

-Canyon Creek Bridge Replacement - Road 38, Mile Post 26.339

Resurfacing, Crushing & Laydown Page 14

Contract Period - July 15 to September 30, 2010 with closure of the Eastside Hungry Horse

Road No. 38 at the Canyon Creek crossing to heavy truck hauling during the time of new bridge construction in that period. Passage of personal transport vehicles allowed throughout the entire period with some periods of traffic delay or slowdown.

-Peters Creek Pipe Replacement - Road 38, Mile Post 41.229

Contract Period - July 15 to August 30, 2010 with up to a three week closure of the

Eastside Hungry Horse Road No. 38 during that period. This three week closure will differ from the three week closure listed above and occurring at the Lost Mare crossing.

The Contractor shall accommodate these other third-party work activities in the planning and execution of this contract.

Resurfacing, Crushing & Laydown Page 15

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H-2 Use of Premises

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

Government business.

H-3 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing

Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the

Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting

Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H-4 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a

Resurfacing, Crushing & Laydown Page 16 result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting

Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to the

Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Resurfacing, Crushing & Laydown Page 17

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or

1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting

Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at

150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

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H-5 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H-6 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H-7 Conformity With Drawings and Specifications

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

H-8 Local Material Sources

(a) Designated Sources--Sources of local materials will be 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. Any Contractor royalty payment requirements will be stated below.

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 the Changes clause.

(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.

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H-9 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-10 Barricades, Warning Signs, and Other Devices

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, flagmen 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.

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

As a minimum, it is anticipated that the following type and number of signs will be required:

Location Designation Quantity

ROAD #38 PROJECT

At beginning and end of project (MP 1.650 and MP 51.619)

On Road No. 38 approx. 500 ft both sides of intersections of 007 and Peters Creek

Quarry Roads No. 11007 and No. 10123 during period of aggregate haul (location agreed to)

"“Trucks Hauling”

(36” x 36”)

Similar to W8-6

“Trucks Entering”

2 minimum

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Location Designation Quantity

ROAD 895 PROJECT

On Road No. 895 at beginning and end of project haul (MP 13.023 and MP 55.568)

On Road No. 895 approx. 500 ft both sides of intersections of Wounded Buck, Mazie and

Airport Quarry Roads No. 895C, No. 5326, and No. 11462 during period of aggregate haul (location agreed to)

"“Trucks Hauling”

“Trucks Entering”

Both Projects

Both sides of construction zones during times of reconditioning and aggregate laydown (moving each day to define that day’s zone of work)

"ROAD CONSTRUCTION

AHEAD"

H-11 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-12 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

Officer.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-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

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN

1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (MAR 2009)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications. (OCT 1997)

52.215-13 Subcontractor Cost or Pricing Data - Modifications. (OCT 1997)

52.215-14 Integrity of Unit Prices. (OCT 1997)

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

Fill-in: August 1, 2010

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JUL 2005)

52.219-8 Utilization of Small Business Concerns. (MAY 2004)

52.219-9 Small Business Subcontracting Plan (APR 2008)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999)

52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (APR 2008)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (FEB 1988)

52.222-9 Apprentices and Trainees. (JUL 2005) http://www.usda.gov/procurement/policy/agar.html

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52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans. (SEP 2006)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(DEC 2007)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (SEP 2009)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15 Performance and Payment Bonds - Construction. (NOV 2006)

52.229-3 Federal, State, and Local Taxes. (APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-17 Interest. (OCT 2008)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

Resurfacing, Crushing & Laydown Page 25

52.236-13 Accident Prevention. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.244-6 Subcontracts for Commercial Items. (AUG 2009)

52.246-21 Warranty of Construction. (MAR 1994)

52.248-3 Value Engineering - Construction. (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) - Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-76 Samples and Certificates. (FEB 1988)

452.236-77 Emergency Response. (NOV 1996)

I-2 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009. (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section

1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I-3 52.204-7 Central Contractor Registration. (APR 2008)

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

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

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

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that--

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

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(2) The Government has validated all mandatory data fields, to include validation…