12-046W-18-Q-0056_Trail_Maintenance_Services.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 R6 65

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

12-046W-18-Q-0056

DATE

08 / 27 / 2018

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Walt Hislop (technical) calls) 503-668-1799 LOCAL TIME 12:00 pm PST

INFORMATION CALL: Roxanne Anderson (administrative) 503-668-1730 09 /17/2018

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service, Northwest Oregon Contracting Area UNRESTRICTED OR SET ASIDE: 100 % FOR

16400 Champion Way SMALL BUSINESS EMERGING SMALL

BUSINESS

Sandy, Oregon 97055

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.5 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Same as Block 9

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Electronic Fund Transfer

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

US Forest Service Region 6 Mt Hood National Forest, Columbia River National Scenic Area and the Gifford Pinchot National Forest for Trail Maintenance/Restoration Services

Awards under this solicitation will be made through issuance of a Blanket Purchase Agreement. (BPA)

The successful Offeror must be registered in the System for Award

Management (SAM) Database (http://www.sam/gov) and have completed their annual Representations and Certifications PRIOR to award, during performance, and through final payment of any contract resulting from this Request for Quotation.

DUNS NUMBER______________________________________

TAX IDENTIFICATION NO._____________________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

Enter pricing on page 2, Schedule of items

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED http://www.sam/gov

SCHEDULE OF ITEMS

Equipment Rental to Include Operator Services

ITEM NO. SUPPLIES/SERVICES UNIT UNIT PRICE

Equipment Rental with Operator

1.0 Spyder Hoe Excavator, with accessories

1.1 Spyder Hoe (Kaiser S-2 4x4 or equivalent), with winch and accessories.

HR $__________

2.0 Skidsteer, with accessories

2.1

Skidsteer, min. of 60 HP, min. of 1,750-lb. rated operating capacity; and 3,700-lb. Tripping load; and two types of attachments: 1) multi-purpose bucket; and 2) bucket with grapples.

HR $__________

3.0 Backhoe

3.1 Backhoe, Case 580-C or equivalent, with a diesel engine

and standard size factory bucket.

HR $__________

4.0 Dump Truck

4.1

Dump Truck, diesel, with capability of hauling 10 cubic yards of material, spreading, placing, and stockpiling aggregate, borrow, and roadfill and slide material.

HR $__________

5.0 Trail Dozer

5.1 Trail Dozer, Sutter 500 Trail Dozer or equivalent, with

diesel engine, 6 way blade and rippers

HR $__________

6.0 Mini Hydraulic Excavator

6.1

Mini Hydraulic Excavator – Caterpillar 304C CR or equivalent, with min. bucket capacity of 0.3 cubic yards, digging teeth and hydraulic thumb; crawler-mounted with street pads; turbo charged diesel engine with min. power

(flywheel) of 42 HP; min. backhoe reach of 17 feet

(horizontal).

HR $__________

7.0 Traffic Control Flaggers with Equipment

7.1

Flagger – Provide properly equipped, trained, and certified flag person(s) where the traffic is required to stop before proceeding. This requirement includes adequate traffic signs and cones for safe vehicle passage through the work zone.

HR $__________

7.2

Traffic Control Lead Vehicle – Provide properly equipped, trained, and certified traffic control lead vehicle and personnel where the traffic is required to stop and be safely led through a construction site.

HR $__________

8.0 Laborer

HR $__________

9.0 Faller

9.1 Faller – Provide properly equipped and trained chainsaw HR $__________

Trail Maintenance and Restoration Services

Mt Hood N.F, Gifford Pinchot N.F. and Columbia River Gorge National Scenic Area faller(s) capable of safely directionally falling unlimited size class trees identified as hazardous, which include, but not limited to, dead top, sprung rooted, and heart rot trees of unlimited size class for the area.

10.0 Arborist

10.1

Arborist – Provide properly equipped and trained arborist(s) capable of safely trimming/removing unlimited size class trees in close proximity to structures or facilities.

HR $__________

11.0 Rock Scaler

11.1 Rock Scalers – Provide properly equipped and trained rock scalers.

HR $__________

12.0 Mobilization (to be negotiated per order)

TOTAL__________________

* All Mobilization, Site Specific costs, and work items will be determined at the time of each

BPA Call, as a separate call line item. This item shall address cost factors based upon location and type of services to be performed. The specific work items and quantities as shown are for bid and evaluation purposes only. The scope of work is not limited to the payment items identified herein. Other payment items within the overall scope of Trail maintenance or restoration may be added by contract modification if an agreeable price and performance time can be established.

**Each BPA call shall be competed amongst all BPA holders. Pricing shall be based upon unit prices in the BPA, plus additional location and specific work type cost factors to be addressed under the separate mobilization item for each call noted above.

The Agreement period is from the date of award until canceled. Annual reviews will be conducted, at that time, Contractors will be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement will remain in effect.

The intent of this solicitation is to obtain the Trail Maintenance/Restoration services as described in the Statement of Work.

This solicitation will result in the award of multiple Blanket Purchase Agreements (BPA). The dollar limitation for individual calls against the BPA will not exceed the Simplified Acquisition

Threshold. Since the needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the

Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of BPA call. Due to the sporadic occurrence of activity, the placement of any calls IS NOT GUARANTEED.

BASIS OF AWARD

The Government intends to award multiple agreements; however, awards will only be made to those quoters offering a reasonable price and resources that are technically acceptable.

Proposed pricing for ALL line items will be evaluated for reasonableness. Reasonable price and technical acceptability will be the basis for the best value determination. Quoters must bid on at least one of items in the schedule of items in order to be considered for the BPA, Quoters are not required to bid on all of the items in order to be considered.

STATEMENT OF WORK:

1. BACKGROUND

The U.S. Department of Agriculture (USDA) and U.S. Forest Service (USFS) through Region 6 Acquisitions Management require competitive sources for the procurement of Trails Maintenance/Restoration - Equipment Rental and Operator services.

2. DESCRIPTION OF SERVICES:

The intent of is to obtain miscellaneous equipment with operators, and specialty contractors (hazard tree fallers, rock scalers, etc.) performing a variety of post fire trail restoration/maintenance work for the USDA Forest Service, specifically the Mt. Hood National Forest, Gifford Pinchot National Forest and Columbia River Gorge National Scenic Area. The contractor shall furnish all labor, equipment, transportation, operating supplies, supervision, repairs and support functions required to perform all work within the specifications.

The trail restoration work may include but is not limited to:

Falling hazard trees adjacent to the trail as marked by the Contracting Officer, Removing felled or downed trees (blow-down) from the trail and placing on adjacent slope in an ecologically sound manner, Removing rock slides & sloughs, reestablish the trail tread or re-routing the trail as flagged by the Contracting Officer, Realigning (minor) the trail as directed by the Contracting Officer, Rock scaling as directed by the Contracting Officer, Using onsite materials to rebuild and/or restore trail prism as directed by

Contracting Officer, Installing and maintaining redundant erosion control structures;

Spreading seed (Government –furnished), slash, and logs in project areas, Providing traffic control (and coordination with external agencies on roads adjacent to trail access) as necessary to complete work, Constructing water bars and rolling dips across the trail surface to avoid concentrating runoff, and

Loading/End hauling materials when necessary.

See Trail Restoration Parameters for details and specification requirements.

SPECIAL CONTRACT REQUIREMENTS

i. Government Property. Will be stated on each order as applicable.

ii. Use of Roads.

a. The contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete the contract. This authorization is subject to the limitations described below, when such use will damage the roads or National Forest resources, and when traffic can be accommodated safely.

b. Keep all non-project roads open to all traffic during contract work and maintain them in a condition that will adequately accommodate traffic. Submit traffic control plan if requested by Contracting Officer. For Safety, Contractor shall prevent access to motorized traffic on roads while contract work is in progress above those roads. The contractor shall provide flaggers, any necessary warning signs and/or other devices complying with National Standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD)

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

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

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

iii. Unless otherwise provided, the government will not plow roads for the contractors use. The contractor may plow any road designated for their use under an order unless otherwise prohibited. On roads where plowing is authorized, a permit defining plowing requirements is required and will be issued by the Forest Service upon request by the contractor. The contractor shall be responsible for repair of any damage to the road caused by their plowing operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average uncompacted depth of more than 4”, unless the road has been plowed.

iii. Cleaning Requirements.

a. Equipment furnished shall be inspected for any leakage of petroleum products and weeds. Equipment with leakage or weeds will not be accepted and will not be permitted to operate on Public Lands. Clean all operating equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which could be discharged when equipment is operating. Prior to transporting equipment to the site, assure that the equipment’s hydraulic, lubrication, and fuel systems are free from leaks. Contractor shall certify in writing that equipment is free from noxious weeds prior to beginning operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. The contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from the mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

b. In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations.

Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

c. Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except as approved in writing by the Contracting Officer. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of required cross ditching.

d. Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

e. Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures.

Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

iv. Erosion Prevention and Control

Contractor’s Operations shall be conducted reasonably to minimize soil erosion.

Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by

Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service. Any money deposited or used for this purpose shall be treated as cooperative deposits.

v. Sanitation and Servicing

Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor's Operations. If facilities for employees are established on

Contract Area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from

National Forest lands all refuse resulting from use, servicing, repair, or abandonment of equipment. In the event that Contractor's Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of Forest Service.

vi. Prevention of Oil Spills

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill

Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

vii. Hazardous Material Containment/Cleanup:

The Contractor is required to have a Spill Containment Kit (SCK), as described in the SPCC on-site during any operation and provide training to employees on how components of the SCK are used. The SCK must be designed for use with petroleum products, and must contain, as a minimum, the following items:

a. Absorbent Pads, minimum of 17" x 19" x1/4 inches)

b. Gloves (PVC and Latex), Goggles, and Garbage Bags

c. Booms - The Contractor shall furnish and if needed, utilize two parallel boom lines to prevent the downstream transport of accidental oil spills when machinery is within 25 feet of a stream channel. The booms shall have a minimum diameter of 5 inches and a minimum length necessary to span the entire distance of flowing water at each working site. Booms shall be of the type designed to absorb petroleum based products (e.g. gasoline, diesel fuel, hydraulic oil, etc.) that have been released to waterways and equipped with steel end rings and steel attachment clips approximately one foot from each end, so boom units connect and completely span the stream with an overlap at each joint. Booms shall be of sufficient size and quantity to deal properly with the total potential quantity of a spill which could result from activities.

In the event of a release as defined in Oregon Administrative Rules (OAR), PART

340, DIVISION 108, HAZARDOUS WASTE MANAGEMENT, the Contractor shall immediately implement the SPCC Plan and notify the on-site Government representative. The Government representative will assume control and initiate the

District's Hazardous Materials Contingency Plan and Spill Containment Plan. The

Government representative will function as Incident Commander until relieved by the Hazardous Materials Management Coordinator (HMMC).

viii. Method of Measurement and Payment

a. Hourly Work. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Measurement will be for the actual quantity of machine hours, to the nearest half hour that the equipment is in actual operation in performance of authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, will constitute authorized work.

Non-productive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute actual operation.

b. Move-in/Move-out. Move-in will be paid at the hourly rate from the point of hire to the first job site and move-out will be paid at the hourly rate from the last job site to the point of release. If the Contractor withdraws any equipment from the job site before completing all work required under the contract, no move-out will be paid, unless the failure to complete the work is excusable under the clause entitled

“Default (Fixed-Price Supply and Service)” (FAR 52.249-8) . No move-in will be paid for replacement equipment, or move-out for the replaced equipment. Move-out shall not be paid for equipment which cannot be repaired or replaced. Payment for move-in shall not be paid for equipment which is rejected for failure to meet initial inspection.

c. Moving Between Job Locations. Moving of equipment and specified accessories between job locations will be paid at the hourly rate.

1. Key Personnel

Key personnel are those personnel (Project Manager, supervisor, equipment operators, etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

The Contractor agrees that assigned key personnel shall not be removed, substituted, or reassigned to another task order without the written concurrence of the Contracting

Officer. The contractor shall provide a detailed explanation of the circumstances necessitation the proposed personnel change and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. If the Contracting Officer determines that suitable replacement of key personnel is not feasible or that the reduction of effort would be so substantial as to impair the successful performance of the work, the Contractor may be subject to default action under the effected task order(s) or the contract. Ultimate approval/disapproval to replace key personnel is the responsibility of the Contracting

Officer.

2. Use of Premises

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

b. Before any camp is opened or operated on Public lands, the Contractor shall request permission (in writing) from the COR. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a camping permit will be issued.

c. It is further stipulated that in addition to clean up of any campsites, the Contractor shall remove its equipment from Public lands before final acceptance and payment of the project.

3. Property And Personal Damage

a. The Contractor shall use every precaution necessary to prevent damage to public and private property. Land monuments and property markers shall not be disturbed until the

Contracting Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

b. The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of their agent's or employee's fault or negligence.

The term "third parties" is construed to include employees of the government.

4. Archaeological or Historic Sites (Agar 452.236-73) (Feb 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the

Contractor shall discontinue work in the general area of the site(s) and notify the

Contracting Officer immediately.

5. Protection of Threatened, Endangered, and Sensitive Species

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the

Drawings and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or as follows: To be specified in each individual BPA Call Order.

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional

Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

6. Landscape Preservation

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

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway due to contract operations and dispose of it as directed, by the Government.

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

Government. If a petroleum spill should take place in the water, the Contractor shall immediately notify the COR and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124.

7. Personal Protective Equipment

a. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

b. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

c. Defective or damaged personal protective equipment shall not be used.

d. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest

Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

e. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

f. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American

National Standards Institute (ANSI) standard Z89.1-1997.

g. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

h. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

8. Potential Safety Hazards

a. Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

b. The following checked activities have been identified by the Government as potential safety hazards.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[X] Tree climbing and/or tower climbing.

[X] Hazards as a result of fire.

[X] Hazardous materials handling.

[ ] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Other: Uneven ground conditions, loose native road surface materials

[X] Other: Dead hazard trees, snags

9. Emergency Control (Agar 452.236-77) (Nov 1996)

Contractor's Responsibility for Fighting Fire. (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 part of the work; and (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.

a. 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.

(1) 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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1.

(2) Any spill shall be the responsibility of the contractor and shall be cleaned up according to applicable Federal, State, and Local Rules and Regulations. The Oregon

Emergency Response System for spills and other releases of hazardous chemicals and material may be reached at 1-800-452-0311 or 1-503-378-6377. The contractor shall take immediate action to clean up the spill or chemical release as soon as the spill is known. The contractor shall not wait until after notification to take immediate action, to clean up or contain, on any spill or chemical release.

10. Use of Roads By Contractor

a. The Contractor is authorized to use all roads under the jurisdiction of the Forest Service or BLM that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

b. Keep existing roads open to all traffic during contract work and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and

Devices in conformance with the “Manual on Uniform Traffic Control Devices”

(MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

c. Before shutting down any operations, leave all travel ways in a condition suitable for traffic.

d. Unless otherwise provided, traffic delays may not exceed 30 minutes.

11. Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work.

Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

12. Superintendence By The Contractor (Far 52.236-6)(Apr 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

13. Cleaning Up (Far 52.236-12) (Apr 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the

Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

14. Work Suspension. The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

a. Weather or ground conditions when further prosecution of work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action could include but is not limited to instances such as damage to access roads or rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or

b. Failure of the contractor to comply with Specifications such as when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of

Work, and shall not qualify for equitable adjustment.

c. Failure of the Contractor to provide a Contractor’s Representative (1) conversant in the English language and (2) able to read and understand the contract.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The

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

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

On all matters that pertain to the contract terms, the Contractor must communicate with the

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

GOVERNMENT-FURNISH PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property

(Fixed-Price Contracts)" hereby incorporated by reference into the contract in accordance with

FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein.

Item No. Property to be furnished Quantity Delivery Date

* Note: The Items, Quantity, and Delivery Date will be specified and provided with each Order.

Some site prep and finish work will need to be accomplished in providing Government Furnished property, when deemed responsibility of contractor to mine product from government furnished quarries. This request will be made known on each specific Order.

PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the

Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the Fire Protection and

Suppression Forms attached to each individual Order. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

CAMPING PROVISIONS

The following provisions apply to all camping on Federal lands, during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled "Use of Premises", in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Federal land agency. No camp area shall be located within 50 feet of any open water (lake, stream, pond, etc.). No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the

United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Federal land agency is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, and shall meet the requirement for storage of perishable food items.

10. An adequate and convenient potable water supply, approved by the appropriate health authority, shall be provided in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.

11. Toilet facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, shall be provided and supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.

12. Fly-tight, rodent-tight, impervious, cleanable or single service containers shall be provided and used for the storage or garbage. Such containers shall be kept clean and emptied when full.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid.

14. A laundry tray or tub for every 30 workers shall be provided or transportation, at least weekly, to a commercial laundromat shall be provided for all workers.

15. No waste water may be dumped on the ground. (Waste water is all domestic used water other than from toilets).

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Government.

17. The contractor must comply with the following fire regulations:

a. A shovel, axe or pulaski, 10-quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 5: BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by a Government representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring and it will not have any overhanging material. Fire rings will be dismantled and material dispersed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with government approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel storage areas will be approved by a government representative and be at least 50 feet from flammables.

18. Any violation of these conditions may constitute a revocation of camping approval.

19. The Government reserves the right to terminate this permit at any time.

20. A camping permit shall be obtained by contractor and approved by Forest Service prior to utilization of site.

Permits can be obtained through C.O.R.

The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget

(OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number

201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime

Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph

(b) of this section, unless otherwise approved in writing by the Contracting Officer.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial

Items (Aug 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

http://www.arnet.gov/far/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P127_20623

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business…