1-1204T018R0005-SolicitationPacket.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1204T018R0005

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE

ISSUED

05/25/2018

PAGE OF PAGES

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

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

913750

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SIUSLAW NATIONAL FOREST

3200 SW JEFFERSON WAY

CORVALLIS, OREGON 97331

ATTN: CONTRACTING

SIUSLAW NATIONAL FOREST

3200 SW JEFFERSON WAY

CORVALLIS, OREGON 97331

9. FOR INFORMATION

CALL:

A. NAME

Janet Paul, CO B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

541.750.7120

SOLICITATION

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

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

Chetco River Bridge Rehabilitation

Rogue River Siskiyou National Forest Gold Beach Ranger District Curry County, Oregon

Price Range: The Government's estimate is between $250,000 and $500,000.

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

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

BONDS?

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 7 by 4:00 PM local time 06/25/2018 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than _60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Gold Beach Ranger District Rogue River Siskiyou National Forest

B- 1 - SCHEDULE OF ITEMS

Pay Item

Item Description

Quantity Pay Unit Unit Price

Amount

15101 Mobilization All Lump Sum $ $

15713 Soil erosion and pollution control All Lump Sum $ $

20101 Clearing and grubbing, disposal of tops and limbs (g), logs (a), stumps (f)

All Lump Sum $ $

20302 Removal of approach guardrail, disposal method (a) 240 Lineal Foot $ $

20303 Removal of bridge rails, disposal method (a) All Lump Sum $ $

20411 Select Borrow, compaction method

(a) All Lump Sum $ $

20806 Structure excavation All Lump Sum $ $

25116 Geotextile, Type IV-B 24* Square Yard $ $

25314 Gabions, welded-wire baskets 4 Cubic Yard $ $

30801 Minor crushed aggregate 25* Cubic Yard $ $

40401 Minor hot asphalt concrete 20* Ton $ $

55201 Structural Concrete, Class A(AE) 6* Cubic Yard $ $

55501 Structural Steel Casing, fabricated, furnished, and erected 4635* Pound $ $

55601 Thrie Beam Bridge Railing 601* Lineal Foot $ $

55602 Pedestrian Railing 300* Lineal Foot $ $

56801 Class 1 Surface Preparation 470* Square Yard $ $

56802 Class 2 Surface Preparation 10* Square Yard $ $

56803 Furnish Multi-Layer Polymer Concrete 470* Square Yard $ $

56804 Construct Multi-Layer Polymer Concrete Overlay 470* Square Yard $ $

56901 Expansion Joints (Expansion Joint Rebuild) 50* Lineal Foot $ $

57101 Concrete Patch Repair 20* Square Foot $ $

61701 Thrie Beam Transition Railing 50* Lineal Foot $ $

61702 Thrie Beam Asymmetrical Transition Element 4 Each $ $

61703 Thrie Beam Terminal Connector 2 Each $ $

61704 Thrie Beam Railing, End Section (flared) 1 Each $ $

61705 W-Beam Guardrail, Type 3 50 Lineal Foot $ $

61706 W-Beam Guardrail, Type 2A 125 Lineal Foot $ $

61707 Guardrail Anchor, Type 1 4 Each $ $

63401 Pavement Markings, Type B, Solid, White, 4-inch 100 Lineal Foot $ $

63501 Temporary traffic control All Lump Sum $ $

TOTAL:

* Denotes Contract Quantities for measurements.

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

Include bond payments under 15101 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Facsimile offers are accepted; see Section L-3, however, Facsimile Bid Guarantee IS NOT acceptable.

DUNS Number________________________

EMAIL ______________________________

Gold Beach Ranger District Rogue River Siskiyou National Forest

WERE YOU REQUIRED TO FILE A VETS-4212 REPORT LAST YEAR?

(I.E. DID YOU/DO YOU HAVE ANY CONTRACT CONTAINING FEDERAL ACQUISITION

REGULATION CLAUSE 52.222-37, EMPLOYMENT REPORTS ON VETERANS (Contracts over $150,000); SEE VETS-4212 WEBSITE: https://www.dol.gov/vets/vets4212.htm)

YES _____ NO _____

IF YES, PLEASE SUBMIT PROOF THAT YOUR REPORT WAS SUBMITTED TO DOL.

FAR 22.1302 (b) Except for contracts for commercial items or contracts that do not exceed the simplified acquisition threshold, contracting officers must not obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract for the procurement of personal property and nonpersonal services (including construction) with a contractor that has not submitted the required annual VETS-4212, Federal Contractor Veterans' Employment Report (VETS-4212 Report), with respect to the preceding fiscal year if the contractor was subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year.

The estimated start work date is August 6, 2018. All work shall be completed no later than October 15, 2019.

For technical information, please contact Eric Grim, 541.618.2065.

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://www.sam.gov/portal/public/SAM/

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

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

The project includes all labor, materials, equipment, supplies, supervision and incidentals necessary for the rehabilitation of the Chetco River Bridge. Work includes but is not limited to the following:

Soil erosion and pollution control, Temporary traffic control, Clearing and grubbing, Construction of sliver fills along guardrail shoulders as required, Removal of existing approach guardrails, Removal of existing bridge rails (existing rail posts to remain unless noted otherwise), Installation of new bridge rails and approach guardrail, Concrete patch repair of existing superstructure, bridge bearing, and pier column, Rehabilitation of existing deck joints, Installation of steel jacket with concrete fill at base of bridge pier, Preparation of existing concrete bridge deck for multi-layer polymer concrete overlay, Construction of multi-layer polymer concrete overlay on existing bridge deck, Construction of rock gabion retaining wall at bridge end, Placement of tapered asphalt surfacing at bridge ends, and All other items necessary to complete the work in accordance with the plans and specifications.

Biobased Information

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products. The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products meeting the health and environmental specifications.

Penetrating lubricants Greases

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. 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. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

C-2 PROJECT LOCATION

This project is for the rehabilitation of an existing concrete vehicular bridge at milepost 1.0 of Forest Service Road 1376, as it crosses the Chetco River. The project is located on the Gold Beach Ranger District, Rogue River-Siskiyou National Forest, approximately 9 miles northeast of Brookings in Section 12, T40S, R13W, Curry County, Oregon.

C-3 Price Range

The Government's estimate is: between $250,000 and $500,000

C-4 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-5 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.

C-6 Reference Standards

AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standard Institute ASTM American Society for Testing and Materials AWPA American Wood Preservers Association BAA Buy American Act CFR Code of Federal Regulations CS Commercial Standard DEPA Department of Environmental Protection Agency DEQ Oregon Department of Environmental Quality EPA United States Environmental Protection Agency FAR Federal Acquisition Regulations NESHAPS National Emissions Standards for Hazardous Air Pollutants NFPA National Fire Protection Association NIOSH National Institute for Occupational Safety and Health OAR Oregon Administrative Rules OR-OSHA Oregon Occupational Safety and Health Administration ORS Oregon Revised Statutes OSHA Occupational Safety and Health Administration OSHD Oregon Department of Transportation, Oregon State Highway Division RCRA Resource Conservation and Recovery Act UFC Uniform Fire Code

UL Underwriters Laboratories, Inc.

USDA United States Department of Agriculture USFS United States Forest Service WCLIB West Coast Lumber Inspection Bureau WWPA Western Wood Products Association

C-7 Specifications Applicable to This Individual Project

[X] FHWA Standard Specification for Construction of Roads and Bridges on Federal Highway Projects (FP-03), U.S. Customary Units.

The attached “Supplemental Specifications” apply. See Section J.

SECTION D - PACKAGING AND MARKING

For this solicitation, there are NO clauses in this Section

SECTION E - INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (APR 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

E-4 CONFORMITY WITH PLANS 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 Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

1984)

The Contractor shall be required to (a) commence submittal work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2019. The timeframe for work adjacent to or within the stream channel is July 15th to September 30th and must be approved by the Contracting Officer (CO). The time stated for completion shall include final cleanup of the premises.

Item Estimated Beginning Date Contract Time

All August 6, 2018 Completion no later than October 15, 2019

F-3 Project Coordination/Other Work in the Area

The project site will need to remain open during the duration of the work except as noted under Section 156 of the Supplemental Specifications. The Contractor will be expected to coordinate with District staff to a reasonable extent, see Drawings and Specifications for further information.

F-4 SUSPENSIONS OF WORK 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 be 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 its 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 an equitable adjustment.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within TBD days after the date of contract award. The conference will be held at: TBD.

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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 or 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 Government-Furnished Property (Materials) (USDA 452.245-70)(FEB 1988)

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This shall be used and maintained by the Contractor in accordance with provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Property to be Furnished

N/A

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 Physical Data (APR 1984)

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.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by U.S. Forest Service.

(b) Weather conditions suitable for performance of work are normally expected from May 1 through November 15, except for fire closures as provided for in Section J.

(c) Wildlife restrictions – No special restrictions are applicable.

H-2 Use of Premises

(a) The project site is accessed by Forest Roads that are to remain open for public use during performance of work under this contract as noted in the project specifications. Contractor shall conduct work in such a manner as to protect the public.

(b) Unless provided otherwise, the Contractor shall dispose of solid waste in accordance with applicable Federal, State, and local regulations. Use of Forest Service waste disposal facilities is not allowed.

(c) Restroom facilities are not available at this site and the Contractor shall provide sanitation facilities as needed.

(d) Camping: At the discretion of the District Ranger, camping may be allowed at the construction site or other industrial camp site. No service or fuel type vehicles are to be parked in the adjacent campgrounds. The Government reserves the right to discontinue this privelege at its discretion if the Contractor or employees leave the campsite in an untidy condition. Camping is by permit only and may require a fee paid to the Concessionaire if in any of the adjacent campgrounds. Permits are to be arranged by the Contractor through the Prospect Ranger Station.

(e) Fuel storage is not allowed within the project site unless noted elsewhere.

H-3 Utilities

(a) Sewer: Not available

(b) Water: Water for construction shall be from a commercial potable water source or as follows:

The contractor may pursue a Limited Water Use License through the Sate Water Resources Department. Water sources on the Forest shall be approved by the Contracting Officer prior to use. Water source sites on the Forest are not guaranteed in low water years or seasons.

Approval for water withdrawal permits is a the discretion of the Watermaster. Water from non-commercial, non-potable sources must be treated, see “Cleaning of Equipment”, Section H for treatment of water. If obtained, the contractor shall submitt a copy of the license prior to use of source.

(c) Electrical: Not available

H-4 Hazardous Conditions Safety Plan Certification

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazard.

Confined space entry x Temporary excavation/deep trenching/slope stability x Tree felling x Fall hazard from work heights exceeding six feet Blasting x Traffic control on limited visibility roads x Heavy equipment operation x Suspended loads Tree climbing and/or tower climbing Fire hazards Hazardous materials handling Electrical hazard x Hydraulic and/or pneumatic and/or high pressure hazards x Steep slopes and/or downed logs x Insects

H-5 Product Substitution, Shop Drawings and Material Certification

(a) Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall 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.

(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere:

Number Government

Reference of Copies Approval for Brief Title Section To Submit Submittal

Quality Control Plan 153.02 2 14 days

Traffic Control Plan 156.03 2 14 days

Site Closure Schedule 156.05 2 14 days

Soil Erosion & Pollution 157.03 2 14 days Control Plan

Rock Gabions 253.03 2 14 days

Minor Crushed Aggregate 308.06 2 14 days

Job Mix Formula 404.02 2 14 days

Structural Concrete 552.03 2 14 days

Reinforcing Steel 554.03 2 14 days

Steel Structures 555.06 2 14 days

Bridge Railing 556.05 2 14 days

Multi-layer polymer 568.04 2 14 days concrete overlay (MPCO)

Polymer Grout 571.02 2 14 days

Certified Payroll Record FAR 52.222-8 1 N/A WH-347 (submit weekly)

Construction Schedule FAR 52.236-15 1 N/A

Safety Plan Certification H-4 Hazardous 1 N/A Conditions

SPCC Plan (> 1320 Gal.) H-7 Landscape 1 N/A Preservation

Fire Plan Section J 1 N/A Fire Protection and Suppression

H-6 Permits and Responsibilities

The contractor shall be responsible to purchase or obtain permits / licenses as needed.

Other permits (unless noted elsewhere) are not required to be obtained by the Contractor due to project’s Federal status. Contractor is responsible, as noted above, to comply with all codes, laws and regulations applicable to this work.

H-7 Landscape Preservation

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

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken 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. Servicing of all equipment shall be done only in the area approved by the Contracting Officer. If the total oil or oil products storage exceeds 5000 liters (1,320 gallons) or if any single container exceeds a capacity of 2500 liters (660 gallons), the 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. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area.

Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

(d) Protection of Botanical Resources - Previously unknown or unlisted populations of Protected, Endangered, Threatened, or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within the contract project boundaries. Deletion of part of some contract areas may be required to protect these botanical resources. The addition or substitution of other areas may be considered in these cases to maintain contract quantities. The modification of the contract may be required to protect or enhance previously unknown PETS plant populations.

(e) Erosion Prevention and Control - See section 157 for required Erosion and Pollution Control Plan.

Contractor’s operations shall be conducted reasonably to minimize soil erosion. See section 157 for required Erosion and Pollution Control Plan. 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 the Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff.

Erosion control work shall be kept current immediately proceeding expected seasonal periods of precipitation or runoff.

If the Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, the Government may (1) by contract or otherwise, perform erosion control work and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such erosion control work or (2) terminate the contract for default.

(f) Aggregate, soil, and other materials incorporated into the work shall not contain noxious weeds or seeds.

(g) Cleaning of Equipment - The Contractor shall clean all vehicles and equipment prior to entering the National Forest. This cleaning shall remove all soil, plant parts, seeds, or other debris that could contain or hold seeds. Only vehicles inspected before entering National Forest land will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area shall be treated in the same manner as the initial move-in.

Unless otherwise agreed, Contractor shall give the Contracting Officer at least 24 hours written notice when equipment is ready for inspection. Notification will include an agreed upon location and time where the equipment will be available for inspection by the Contracting Officer. Inspection will be required after every cleaning.

H-8 Fish Protection

(a) Draft hoses being used to withdraw water from any stream or pond located on the

Forest shall utilize one of the following methods:

1. Perforated Plate: screen openings shall not exceed 3/32 or 0.0938 inches.

2. Profile Bar Screen: screen openings shall not exceed 0.0689 inches in the narrowest dimension.

3. Woven Wire Screen: screen openings shall not exceed 3/32 or 0.0938 inches.

H-9 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirements To Inform Employees of

Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 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) 52.215-2 Audit and Records - Negotiation. (AUG 2016) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (NOV 2016) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 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 2012) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Affirmative Action for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 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

(MAY 2008)

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) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JUN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (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. (JUL 2013) 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 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (JAN 2017) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988) 452.236-77 Emergency Response. (NOV 1996)

I-2 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (FAR 52.204-13) (OCT 2016)

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

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

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

(c)

(1)

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

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

I-3 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(FAR 52.204-19) (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

I-4 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FAR 52.219-28)(JUL 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph

(g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's…