AG-9A28-S-10-0045.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9A28-S-10-0045

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE

ISSUED

06/07/2010

PAGE OF

PAGES

1 63

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST

NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Northern Province Acquisitions

Redding Office

3644 Avtech Parkway, Suite 180

Redding, CA 96002

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

PAMELA J. VILHAUER

pvilhauer@fs.fed.us

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

CALLS)

530-226-2454

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):

LOVERS CAMP PAVING

KLAMATH NATIONAL FOREST

SISKIYOU COUNTY, CALIFORNIA

Price Range

The Government's estimate is: between $500,000 and $1,000,000.

DUNS NO.___________________________________

TAX I.D. NO._________________________________

EMAIL: _______________________________________

11. The Contractor shall begin performance within 5 calendar days and complete it within 30 calendar days after receiving award, XX notice to proceed. This performance period is XX mandatory, negotiable. (See .)

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

BONDS? YES

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

XX YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:30 PM (hour) local time July 7, 2010 (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 XX 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) mailto:pvilhauer@fs.fed.us

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 45 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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

SOL. NO. AG-9A28-S-10-0045

PROJ. Name: Lovers Camp Paving, Klamath NF

Part I - The Schedule Section B - Schedule of Items

Lovers Camp Paving

B-2 - NOTE: 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 15101 Mobilization.

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

Klamath National Forest Siskiyou County, California

The Bidder must bid on all items.

Item No. Description Method of Measure

Unit Estimated Quantity

Unit Price

Estimate Amount

151(01) Mobilization CQ L.S. ALL _________ _________

157(14) Erosion Control and Pollution Prevention Plan

CQ L.S. ALL _________ _________

301(03) Aggregate Base, Grading (D), Compaction Method (C)

CQ C.Y. 162 _________ _________

404(01) Minor Hot Asphalt Concrete

CQ TON 4,497 _________ _________

413(01) Asphalt Pavement Milling

CQ S.Y. 26,647 _________ _________

Total Bid Price Basic Contract (all items): $ ___________

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE OF WORK

LOVERS CAMP PAVING: Work shall consist of asphalt pavement milling, asphalt paving and aggregate base.

C.2 LOCATION OF PROJECT

SCOTT RIVER RANGER DISTRICT: From Fort Jones proceed west via Scott River Road (7F01) approximately 14 miles to Road 44N45 (Beginning of Project).

C.3 SEASONAL RESTRICTION

Construction shall not begin prior to September 1st.

C.4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

ON FEDERAL HIGHWAY PROJECTS (FP-03 U.S. CUSTOMARY UNITS)

These specifications are included by reference only. The requirements contained in these Standard

Specifications are hereby made a part of this solicitation and any resultant contract.

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects

(FP-03 U.S. Customary Units), are applicable to this project. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Those interested in obtaining a copy of the applicable Standard Specifications should contact Dave Seiler at the Klamath National Forest Supervisor’s Office, Yreka, California phone (530) 841-4448.

C.5 ERRATA SHEET

The words ". . . or equal", ". . .or approved equal" and ". . .equivalent to" when referring to brand name items are hereby deleted in their entirety from this solicitation.

C.6 SPECIAL PROJECT SPECIFICATION LIST

The special project specifications applicable to this solicitation and any resultant contract are included as yellow pages in this section as listed below:

SECTION 101 TERMS, FORMAT, AND DEFINITIONS (2005,06,07,09).....................3 - 3

SECTION 102 BID, AWARD, AND EXECUTION OF CONTRACT (2/05).......................1 - 1

SECTION 103 SCOPE OF WORK (2/05)...............................................1 - 1

SECTION 104 CONTROL OF WORK (2005,06)..........................................1 - 1

SECTION 105 CONTROL OF MATERIAL (2004,07)......................................1 - 1

SECTION 106 ACCEPTANCE OF WORK (5/2004)........................................1 - 1

SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

(2004,06,07)......2 - 2

SECTION 108 PROSECUTION AND PROGRESS (2/05)....................................1 - 1

SECTION 109 MEASUREMENT AND PAYMENT (2005,06)..................................1 - 1

SECTION 151 MOBILIZATION (10/06)...............................................1 - 1

SECTION 155 SCHEDULES FOR CONSTRUCTION CONTRACTS (5/04)........................1 - 1

SECTION 156 PUBLIC TRAFFIC (5/07)..............................................2 - 2

SECTION 301 UNTREATED AGGREGATE COURSES (2005).................................2 - 2

SECTION 404 MINOR HOT ASPHALT CONCRETE (6/2006) ...............................2 - 2

SECTION 703 AGGREGATE (8/2009).................................................5 - 5

Table of Contents Table of Contents

Preface

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations

101.04 Definitions

102 - Bid, Award, and Execution of Contract

102 Bid, Award, and Execution of Contract

103 - Scope of Work

Deletions

104 - Control of Work

Deletions

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material Sources

105.02(a) Government-provided sources

105.05 Use of Material Found in the Work

106 - Acceptance of Work

106.07 Delete

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims

107.06 Contractor’s Responsibility for Work

107.09 Legal Relationship of the Parties

107.10 Environmental Protection

107.02 Protection and Restoration of Property and Landscape

108 - Prosecution and Progress

108 Delete

109 - Measurement and Payment

109 Deletions

109.02 Measurement Terms and Definitions

151 - Mobilization

155 - Schedules for Construction Contracts

155 Delete

156 - Public Traffic

157 - Soil Erosion Control

157.03 General

203 - Removal of Structures and Obstructions

301 - Untreated Aggregate Courses

301 Title Change

301.01 Work

301.03 General

301.05 Compacting

404 - Minor Hot Asphalt Concrete

404.02 Composition of Mix (Job-Mix Formula)

404.04 Weather Limitations

404.06 Placing

404.07 Compacting (a)

703 - Aggregate

703.05 Subbase, Base, Surface Course, and Screened Aggregate

Preface Preface_wo_03_15_2004_m

Delete all but the first paragraph and add the following:

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

Forest System Roads.

101 - Terms, Format, and Definitions 101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

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

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association

Mine Safety and Health Administration

National Institute of Standards and Technology

National Electrical Safety Code

West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

mp Milepost ppm Part Per Million

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line

(including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or

(2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--―Equitable adjustment,‖ as used in the Federal Acquisition

Regulations, or ―construction cost adjustment,‖ as used in the Timber Sale Contract, as applicable.

http://www.nist.gov/

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

Design Quantity--―Design quantity‖ is a Forest Service method of measurement from the FS-96

Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term ―Contract Quantities‖.

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

Agriculture.

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

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

Purchaser--The individual, partnership, joint venture, or corporation contracting with the

Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

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

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction.

Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

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

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

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

Figure 101-1—Illustration of road structure terms.

102 - Bid, Award, and Execution of Contract 102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work 103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work 104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005

Add the following subsection:

104.06 Use of Roads by Contractor

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

105 - Control of Material 105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

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

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

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

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

106 - Acceptance of Work 106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public 107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

―except as provided in Subsection 106.07‖.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

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

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information.

Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

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

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

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

Containment procedures.

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

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

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

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

107.10_05_us_05_04_2007

107.02 Protection and Restoration of Property and Landscape

Meet the requirements chapters 10, 11, and 12.2 in their entirety of ―Water Quality Management for

National Forest System Lands in California Best Management Practices‖ dated September 2000

108 - Prosecution and Progress 108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment 109.00_nat_us_02_17_2005

109 Deletions Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

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

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

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

151 - Mobilization 151.01_0505_us_06_04_2007

151.01 Description

Add the following at the end of the last sentence:

Cleaning of Equipment for Noxious Weeds. To prevent the spread of noxious weeds on National

Forest Land, Contractor shall ensure that all equipment moved onto National Forest Land is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this specification, and shall notify Forest Service prior to moving each piece of equipment onto National Forest land.

Notification will include identifying the location of the equipment’s most recent operations. Upon request of the Forest Service, arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being placed into service. If the Engineer determines that noxious weeds are present in a project, cleaning may also be required before moving between work areas within the same project.

Contractor shall certify, in writing, compliance with the terms of this specification prior to each start-up of operations. Measures taken to ensure compliance for equipment present at start-up, and planned to be taken for equipment to be moved in later, will be identified in the certification. For the purposes of this specification, “equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles used to transport personnel on a daily basis.

Cleaning of Equipment for Port-Orford Cedar. To prevent the spread of Phytophora lateralis root rot in Port-Orford cedar, Contractor shall clean before use in Project Area any vehicles or equipment from the natural range of Port-Orford cedar in Oregon or the Smith River and Bluff Creek drainage in

California. Cleaning shall consist of the removal of soil by steam cleaning or use of a high pressure hose. Cleaning shall be inspected and approved by the Forest Service.

155 - Schedules for Construction Contracts 155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

156 - Public Traffic 156.03_0505_us_05_04_2007

156.03 Accommodating Traffic During Work

Delete the first paragraph and add the following:

Contractor may close the following existing roads to all but emergency traffic in accordance with the following requirements:

Road Maximum Time Special

Number Length of Closure Requirements

All traffic controls and signing shall meet the requirements of the current edition of the MUTCD, Section 635, and this Section.

156.04 Maintaining Roadways During Work

Delete the subsection and add the following:

Abate dust on all roads used for hauling construction materials to promote safe use ofand to prevent excessive loss of road material.

If water is used for dust abatement, complete abatement once for each hauling day shall satisfy this requirement; except that if hauling exceeds 10 loads per day, water shall be applied to dusting roads continuously while hauling. Other products suitable for dust abatement may be used when authorized by the Contracting Officer.

All water drafting operations shall adhere to the ―Water Drafting Specifications‖, developed by the

National Marine Fish Service, August 2001.

( http://swr.ucsd.edu/hcd/WaterDrafting-02.htm )

If other major users are using roads simultaneously with Contractor, Contractor and said users shall agree on a maintenance plan and arrangements for accomplishing the work. This plan shall be submitted by the Contractor and approved by the Contracting Officer. If Contractor cannot agree with other users, the Contracting Officer will determine the appropriate road maintenance needed and direct the Contractor to perform his share of the work..

157 - Soil Erosion Control 157.03_0505_us_06_04_2007

157.03 General.

Delete the first two paragraphs and add the following:

Submit an Erosion Control Plan, including a comprehensive de-watering plan, detailing permanent and temporary control measures to minimize erosion and sedimentation during and after construction according to the contract specifications, contract permits, Section 107, and this Section. Contract permits amend the requirements of this Section. Do not modify the type, size, or location of any control or practice without approval. Submit the erosion control plan proposal at least 7 days before operations begin to the Contracting Officer for approval.

Add to the third paragraph:

Upon completion of construction at the site, all temporary dewatering materials and equipment are to be removed from Government property.

203 - Removal of Structures and Obstructions 203.05_0505_us_05_04_2007

203.05 Disposing of Material

(n) Machine Brushing. Within the clearing limits, process brush and trees up to 4 inches in diameter with a brushing machine to within 6 inches of the ground level. Process remaining trees within the clearing limits that limit sight distance so that limbs are cut to within 6 inches of the trunk. Dispose of treated slash greater than 1 inch in diameter and 1 foot long outside the clearing limits or in designated disposal areas. Provide a traffic plan for the Contracting Officer’s approval prior to starting work.

301 - Untreated Aggregate Courses 301.00_nat_us_03_03_2005

301 Title Change.

Change the title to: Section 301 Aggregate Courses

301.01_nat_us_03_03_2005

301.01 Work.

Add the following:

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

301.03_nat_us_09_14_2005

301.03 General.

Add the following:

Written approval of the roadbed is required before placing aggregate.

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

CO.

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

Develop and use Government furnished sources according to Section 105.

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

301.05_nat_us_05_17_2005

301.05 Compacting

Delete and replace with the following:

Compact each layer full width. Roll from the sides to the center, parallel to the centerline of the road.

Along curbs, headers, walls, and all places not accessible to the roller, compact the material with approved tampers or compactors.

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

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

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

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

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

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

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

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

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

301.10_nat_us_03_03_2005

301.10 Payment

Delete the following:

adjusted according to Subsection 106.05

404 - Minor Hot Asphalt Concrete 404.02_nat_us_06_09_2006

404.02 Composition of Mix (Job-Mix Formula).

Delete the second paragraph and replace with the following:

Submit a job-mix formula and supporting documentation, test results, and calculations for the material to be incorporated into the work. Include copies of laboratory test results and mix design data that demonstrate that the properties of the aggregate, additives, and mixture meet the current requirements and criteria of Federal or state agencies. Ensure that the job-mix formula was performed no more than one year prior to placing the hot asphalt concrete. After reviewing the Contractor’s proposed job-mix formula, the CO will determine the final values for the job-mix formula to be used and notify the Contractor in writing.

404.04_nat_us_03_02_2005

404.04 Weather Limitations.

Change 35o F to 45o F:

404.06_nat_us_03_02_2005

404.06 Placing.

Add the following:

Do not place asphalt until the CO has approved in writing the area where it will be placed.

Delete the last sentence and replace with the following:

Offset the longitudinal joint of one layer at least 6 inches from the joint in the layer immediately below. Make the longitudinal joint in the top layer along the centerline of two-lane roadways or at the lane lines of roadways with more than two lanes. Offset transverse joints in succeeding layers and in adjacent lanes at least 10 feet, where possible.

404.07_nat_us_03_02_2005

404.07 Compacting (a).

Delete and replace with the following:

(a) Roadway paving. Thoroughly and uniformly compact the surface a minimum of three passes with rollers that meet one of the following requirements:

(1) Steel-wheeled rollers, other than vibratory type, capable of exerting a force of not less than 1.5 ton/feet of width of the compression roll or rolls.

(2) Vibratory steel-wheel rollers with a minimum mass of 5 ton, equipped with amplitude and frequency controls, and designed to compact asphalt concrete.

(3) Pneumatic-tire rollers with smooth tread tires of equal size that provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 lbf/in2.

Perform initial compaction while the mixture is above 250 °F. Perform finish rolling with steel-wheel rollers and continue until no roller tracks remain.

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.

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.

Delete Table 703-2 and replace with the following:

T a b le

-2 rg et

V a lu e

R a n g es f o r

S u b b a se a n d B a se

G ra d a ti o n

P er ce n t b y M a ss

P a ss in g D es ig n a te d

S ie v e

(A A

S H

T O

T a n d

T

G ra d in g D es ig n a ti

E

B a se

.0

.0

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

D

B a

.0

.0

C

B a

.0

.0

B

S u b b a

.0

.0

A

S u b b a se

.0

.0

S ie v e

S iz e

½ i ch i

½ i

/4 i

/2 i

/8 i

N

Delete Table 703-3 and replace with the following:

b le

-3 rg et

V a lu e

R a n g es f o r

S u rf a ce G ra d a ti

P er ce n t b y M a ss

P a ss in g D es ig n a te d

S ie v e

(A A

S H

T O

T a n d

T

G ra d in g D es ig n a ti

U

.0

.0

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

I f th e p la st ic it y i n d ex

P I) i s g re at er t h an th e T

V r an g e fo r th e

N o s ie v e si ze i s

-1

.0

.0

S

.0

.0

H

.0

.0

G

.0

.0

F

-1

-8

-6

-5

-3

-2

.0 -1

.0

S ie v e

S iz e

/2 i

/4 i

/2 i

/8 i

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

R5 1 of 1 3/92 720-1

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Section E.2 - Inspection of Construction (52.246-12) is revised as follows:

ADD THE FOLLOWING TO (b):

Performance of specific sampling, testing, inspections and record keeping work by the Contractor under this provision will be required only when expressly assigned by the Forest Service

Specifications or the Special Project Specifications.

http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

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):

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 days. The time stated for completion shall include final cleanup of the premises.

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

Within seven 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 proposes to carry out the work.

The maximum workweek that will be approved is seven days.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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.usda.gov/procurement/policy/agar.html

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)

52.219-3 Notice of Total HUBZone Set-aside (JAN 1999)

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

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)

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

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)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

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)

52.232-23 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 (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

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 (APR 2010)

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-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

―Central Contractor Registration (CCR) database‖ means the primary Government repository for

Contractor information required for the conduct of business with the Government.

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

―Data Universal Numbering System +4 (DUNS+4) number‖ means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer

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

―Registered in the CCR database‖ means that—

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

DUNS+4 number, into the CCR database; and

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

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ―Active‖. The Contractor will be required to provide consent for TIN validation to the

Government as a part of the CCR registration process.

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

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ―DUNS‖ or ―DUNS +4‖ followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the

Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

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

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

Dun and Bradstreet office.

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

(i) Company legal business.

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

https://www.acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

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

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

(g)

(1)

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

CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The

Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see

FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

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

https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 http://www.ccr.gov/

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

(a) Definitions. As used in this clause—

―Commercially available off-the-shelf (COTS) item‖—

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

―Component‖ means an article, material, or supply incorporated directly into a construction material.

―Construction material‖ means an article, material, or supply brought to the construction site by the

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

―Cost of components‖ means—

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

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

―Domestic construction material‖ means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds

50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

―Foreign construction material‖…