RFQ 1204R420Q200008 Peterson Ridge Trailhead Relocation_3.pdf

Peterson Ridge Trailhead Relocation Solicitation number: 1204R420Q0008 Deschutes National Forest Sisters, Oregon 97759

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 1

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

1204R420Q0008 December 16, 2019 983549 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

Willamette National Forest ATTN: Contracting 3160 Pierce Parkway, Suite D Springfield, OR 97477

As specified within

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Lois Ford, CO Jerold Wesley, COR

225.6441 383.5626

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS Willamette National Forest

c. STREET ADDRESS c. CITY 3160 Pierce Parkway, Suite D

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Springfield OR 97477

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

January 13, 2020 @ 4:00 PM PST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Peterson Ridge Trailhead Relocation

See

Sisters Ranger District Deschutes National Forest

Attached

Deschutes County, Oregon Requirements

The Government’s estimate is between $100,000 and $250,000

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Solicitation No. 1204R420Q0008 Page 2 of 43

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

Name of Offeror or Contractor

ITEM NO. DESCRIPTION METHOD

OF

MEASURE

QUANTITY PAY

UNIT

UNIT PRICE TOTAL

SCHEDULE OF ITEMS

PETERSON RIDGE TRAILHEAD RELOCATION

15101 Mobilization 1 LS $_______ $___________ 15201 Construction survey and staking, method (2)

Conventional survey, tolerance B 1 LS $_______ $___________

20101 Clearing and Grubbing, disposal method tops and limbs j, logs i, stumps j 1 LS $_______ $___________

20401 Roadway Excavation and embankment, compaction placement method B, tolerance class B

CQ

266 CY $_______ $___________

20429 Waste

CQ

278 CY $_______ $___________

30103 Aggregate Base, grading A, compaction method B

CQ

300 CY $_______ $___________

30115 Aggregate surface coarse, grading 3/4"-0" aggregate, compaction method B (6 inch depth)

CQ 278 CY $_______ $___________

40304 Asphalt Concrete, Oregon State DOT, Type Level 2 11 Ton $_______ $___________

60201 12 inch pipe culvert, gauge 18, compaction method B 34 FT $_______ $___________

63301 Sign System 2 EA. $_______ $___________

BASE ITEMS SUBTOTAL

XXXXXXXX $____________

OPTIONAL ITEMS

20425A Boulder Placement, 3' to 4' diameter barrier boulders 12 EA. $_______ $___________

20425B Boulder Placement, 3' to 4' diameter barrier boulders

12 EA. $_______ $___________

20425C Boulder Placement, 3' to 4' diameter barrier boulders 12 EA. $_______ $___________

139000A Single Vault Toilet Structure, Furnish & Install 1 EA. $_______ $___________ 139000B Double Vault Toilet Structure, Furnish & Install 1 EA. $_______ $___________

***Contractor shall submit prices on both base and optional items to be considered for award*** See section C1 for further description of optional items.

CQ = Contract Quantity

Solicitation No. 1204R420Q0008 Page 3 of 43

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-14 109.01 unless otherwise noted.

Facsimile offers are accepted; see Section L, however, Facsimile Bid Guarantee IS NOT acceptable.

DUNS Number________________________

EMAIL ______________________________

Offers shall be submitted for the total item. Offers for less than the total item will not be considered.

If Offeror does not intend to charge for an item, a price of "0" or "NO COST" should be shown.

NOTE: Contractors MUST register in the System for Award Management (SAM) and have an “active” registration at time of award for Government to access electronically. You can access SAM via the following link: https://beta.sam.gov/

The contract awardee must register at: https://www.ipp.gov/ in order to submit invoices for payment.

https://beta.sam.gov/ https://www.ipp.gov/

Solicitation No. 1204R420Q0008 Page 4 of 43

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

The US Forest Service, Region 6, Deschutes National Forest has a requirement to relocate the Trailhead at Peterson Ridge Trail on the Sisters Ranger District. (Deschutes County, Oregon).

The work includes but is not limited to:

(1) Clearing of trees, shrubs, tree limbs and grubbing of duff material. Merchantable trees shall be bucked and decked.

(2) Excavation for the parking lot area, the access roadway to trailhead, the kiosk staging area and the ditch for required drainage.

(3) Locating government supplied survey points to excavate down to subgrade elevation, for the placement and compaction of base rock and surface aggregate material for the construction of (25) new trailhead parking lot spaces.

(4) Placement of asphalt concrete pavement for the apron to connect County Road 16 to the trailhead parking area.

(5) Placement of a 12 inch diameter metal spiral culvert pipe to provide drainage under the paved apron that provides access to the trailhead.

(6) Installation of two signs, “Do Not Enter” and “One Way” along the entrance to the trailhead.

(7) Removing and hauling of unsuitable and excess excavated material, stumps, merchantable logs, slash and grubbed duff material from the project site to a designated disposal site.

(8) Necessary traffic control to complete this work.

Option Items: (1) Relocating 6 existing 3’ to 4’ diameter barrier boulders and adding up to 36 new 3’ to 4’ boulders (in increments of 12)

(2) Furnishing and installation of either: One new single Vault Toilet Structure: or the furnishing and installation of one new Double Vault Toilet Structure; each with Chase storage room.

Only one of the Option Item Vault Toilets will be chosen by the government to be included in the contract and installed at the project site.

C-2 PROJECT LOCATION

From the Deschutes National Forest, Sisters Ranger Station, located at US-20 & S. Pine Street, Sisters, OR 97759, head north toward N. Pine Street and travel for 236 ft, then turn right onto N. Pine Street and travel for 0.2 miles, then turn left onto W. Jefferson Avenue and travel for 0.2 miles, then turn right onto S. Elm Street and travel for 0.3 miles, continue onto Three Creek Road/Forest Service Road 16 and travel for 0.2 miles and the Peterson Ridge Trailhead Relocation project site is located on the left side of the roadway.

C-3 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB

1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Solicitation No. 1204R420Q0008 Page 5 of 43

SECTION D--PACKAGING AND MARKING

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

Solicitation No. 1204R420Q0008 Page 6 of 43

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/content/regulations https://www.dm.usda.gov/procurement/policy/agar.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.246-12 Inspection of Construction AUG 1996

E-2 INSPECTION

Inspection procedures and requirements are included in FP-14 STANDARD SPECIFICATIONS FOR

CONSTRUCTION OF ROADS & BRIDGES ON FEDERAL HIGHWAY PROJECTS, FP-14 FS

SUPPLEMENTAL SPECIFICATIONS (NATIONAL) & CSI SPECIFICATIONS

E-3 52.236-12 CLEANING UP (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.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Number Title Date 52.211-18 Variations in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR

1984) Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 90 [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2020. The https://www.acquisition.gov/content/regulations https://www.dm.usda.gov/procurement/policy/agar.htm

Solicitation No. 1204R420Q0008 Page 7 of 43 time stated for completion shall include final cleanup of the premises. Estimated start work is June/July, 2020.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 MEASUREMENT AND PAYMENT

Payment shall be made in accordance with the Schedule of Items, the Standard Specifications, and/or the Special Project Specifications. Variation in Estimated Quantity shall be measured and paid in accordance with FAR 52.211-18.

G-2 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.

G-3 CONTRACTING OFFICER’S REPRESENTITIVE

Name: Jerold Wesley Address: Deschutes National Forest 63095 Deschutes Market Rd.

Bend, OR 97701 Telephone: 541-383-5626

Solicitation No. 1204R420Q0008 Page 8 of 43

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PRODUCT SUBSTITUTION

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

Solicitation No. 1204R420Q0008 Page 9 of 43

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item.

Provide specified item if substitution proposal is rejected.

H-2 CONTRACTOR'S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-3 SUBMITTALS

The following shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal

Project Schedule FAR 52.236-15 5 days Health and Safety Plan (Accident Prevention)

107.08 Bring with you to the Pre-

work meeting.

Hazardous Spill Plan 107.10 5 days

Solicitation No. 1204R420Q0008 Page 10 of 43

Traffic Control Plan FP-14 156, FP-14 635 & MUTCD Part

14 days

Fire Plan R6-FS-6300-55 and Certification that your Fire Tools and Equipment are in full compliance with the contract requirements

R6-FS-6300-52 part 2 in Section J

N/A

Designation of Representative R6-FS- 6300-6

Superintendence By The Contractor [FAR 52.236-6]

N/A

SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal

Precast Concrete Vault Toilet CSI Specification 139000A & 139000B

14 days

MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by Specification No.

Target Value Ranges for Aggregate Gradation

FP-14 301, FP-14 FS Supplemental Specifications (National), Section 703.05, Table 703-2 & 703-3

12” Metal Corrugated Culvert Pipe Specification FP-14 602 Culverts and Drains

H-4 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. The date and location of the conference will be determined after award is made.

H-5 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

Solicitation No. 1204R420Q0008 Page 11 of 43

H-6 LANDSCAPE and RESOURCE PRESERVATION

All site work shall be in compliance with 52.236-9, 52.237-2, & AGAR 452.236 -71, -73, -74 and the following project specific requirements:

Locate underground utilities before excavation activities begin.

Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to nor more than that of the stream into which it is discharged.

Wash water or waste from concrete or aggregate operations shall be contained, removed from the site, and disposed of off government land.

All petroleum products or other hazardous substances (as defined in 29 CFR 1910.120) shall not be released on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer or their designated representative. The Contractor shall dispose of waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags in accordance with applicable State and Federal regulations and such material shall be transported off government property in accordance with State and Federal regulations.

The Contractor shall notify the Contracting Officer, or designated representative, of any hazardous materials (as defined in 29 CFR 1910.120) to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job. All such materials shall be labeled in accordance with federal and state regulations.

H-7 CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State

Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

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H-8 ROAD MAINTENANCE REQUIREMENTS

Use of Roads

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

Road No.

Termini

Authorizations, Restrictions & Requirements

Maintenance

Required (Yes or No)

FS Road 16 N/A N/A NO FS Road 1605 M.P. 0.0 – Water

Source

N/A NO

FS Road 1600-083 M.P. 0.0 – Waste Material Disposal Site

N/A NO

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

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

1. The Road Rules in the current Region 10 Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

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

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

Load Limits - No vehicles or equipment shall exceed Forest Service highway, road, or bridge loads and widths or posted limits without valid Forest Service overload, over width permits. Forest Service overload permits for this project may be obtained from the Forest Engineer.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36

CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-9 TRAFFIC CONTROL

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

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

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

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

H-10 SAFETY

(a) Forest labor activities and chainsaw work is inherently dangerous. Hazards include, but are not limited to: chain saw injuries, long driving distances on low-grade forest roads, tripping hazards, hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning. Chainsaw hazards result from improper cutting techniques and fatigue, inattention to proper safety procedures and bar-tip location, improperly held/positioned chainsaw, poorly trained sawyers and lack of, or inadequate personal protective equipment.

(b) Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads; as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

(c) Other typical hazards include:

(1) Tripping hazards on forest vegetation and other debris including rocks and other hazards inclusive of slippery surfaces during periods of rain and snow.

(2) Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

(3) Fatigue may occur towards the end of the working day.

(4) Muscle strains may occur due to improper lifting, bending, twisting, or turning particularly when mounting and dismounting heavy equipment.

(5) Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers.

(6) Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

(7) Dehydration may occur during both warm and cool periods, and whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

(8) Insect stings or bites may occur at anytime while in the forest and may include ticks, bees, wasps, or other types of biting stinging insects.

(9) Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become

Solicitation No. 1204R420Q0008 Page 14 of 43 dislodged on steep slopes.

(10) Lightning should be regarded as a serious threat whenever active cumulonimbus’s

(thunderhead clouds) are forecast for the area, especially while working near or under tall trees.

NOTE: Contractor shall provide a job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at the post award conference for discussion.

H-11 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

Indicate any other special conditions, site restrictions, or use limitations on this project including, but not limited to, the following:

• Clean all heavy equipment prior to entering National Forest System Lands to prevent the spread of weeds (USDA FS 2005, R6 Standard #2).

• Use only weed free sources of gravel, fill and rock that is judged to be weed free by the District or

Forest weed specialists (USDA FS 2005, R6 Standard #7).

• There are underground utility lines located at the project site that will need to be located by the contractor before any excavation can begin. The contractor is responsible for any damages occurring to utilities during construction activities. The contractor shall contact Oregon811 Utility Notification Center (https://digsafelyoregon.com/ ) to request a utility locate. (FEDERAL

ACQUISITION REGULATION (48 CFR § 52.236-9))

H-12 NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds onto the Deschutes National Forest, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment before entering the National Forest.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the Crook, Wheeler, Deschutes, or Grant County Weed Board or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

https://digsafelyoregon.com/

Solicitation No. 1204R420Q0008 Page 15 of 43

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection. Materials to be used on the project will be delivered to the job site following the inspection. Materials to be used on the project will be delivered to the project after inspection and approval.

(f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

H.13 BIOBASED PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable, include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that may be available or required for performance of this construction contract.

Lubricants and Grease, Hydraulic Fluids, Sorbents, Fuel Additives or Conditioners, Pneumatic Equipment Lubricants, Asphalt and Tar Removers, Erosion Control Materials, Pavement and Concrete Forming, and Traffic and Zone Marking Paints.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

For more information regarding the Department of Agriculture Biobased Program, go to:

http://www.biopreferred.gov.

http://www.biopreferred.gov./

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H.14 LANDSCAPE PRESERVATION

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

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

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

H.15 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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

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

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

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

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

3. Constitute or imply acceptance; or

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

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

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

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H.16 CONTROL OF MATERIAL

Rights In and Use of Materials

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

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

Material Sources

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

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

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

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

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

Storage Stockpiling of Materials

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

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

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

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H.17 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable;

or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/content/regulations https://www.dm.usda.gov/procurement/policy/agar.htm

Clause No Title Date

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2010 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.209-6 Protecting the Government's Interest when Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.211-18 Variation in Estimated Quantity APR 1984 52.217-4 Evaluation of Options exercised at time of award JUN 1988 52.217-5 Evaluation of Options JUL 1990 52.217-7 Option for Increased Quantity-Separately Priced Items MAR 1989 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination – Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements 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 MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-36 Affirmative Action for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts AUG 2018 52.223-5 Pollution Prevention and Right-To-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts AUG 2018

52.223.18 Contractor Policy to Ban Text Messaging While Driving AUG 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges of Assets AUG 2018 52.228-12 Prospective Subcontractors Request for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds – Construction OCT 2010 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014

52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer - System for Award Management OCT 2018

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52.233-1 Disputes MAY 2014 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 Protecting 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Survey – Alternate I APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2019 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984

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

Clause No Title Date 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts NOV 1996 452.236-71 Prohibition Against 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 “NOTE:* Fire Protection Requirements

(NOTE: See Fire Plan Requirements referenced in the attachments.)

NOV 1996

I-2 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. 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.

I-3 FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(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 http://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508

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(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.