1204T020Q0070-Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1204T020Q0070

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

7/29/2020

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

994405

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. FOREST SERVICE

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

CONTRACTING OFFICE

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

(541) 750-7115

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):

Project: Pebble 1 Seed Orchard Fence For: McKenzie River Ranger District, Willamette National Forest Lane County, Oregon

FAR 36.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT:

The Government's estimate is between $25,000 and $100,000 (for all line items in Schedule of Items)

11. The Contractor shall begin performance within 10 calendar days and complete it within _90_ 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. Quotes may be emailed to paula.winningham@usda.gov by 4:00 PM local time 8/27/2020.

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)

1204T020Q0070 Pebble 1 Seed Orchard Fence mailto:paula.winningham@usda.gov

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

Invoice Processing Platform www.ipp.gov

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)

http://www.ipp.gov/

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

McKenzie River District Office Security

McKenzie River Ranger District Willamette National Forest

Lane County, Oregon

B-1 SCHEDULE OF ITEMS

NOTE: The bidder must bid on all items. If bidder does not intend to charge for a bid item, a price of “0” or “NO COST” should be shown. If the price is left blank or shown as “No Bid,” the entire bid may be considered Non-Responsive. Lump Sum Quantities (LSQ) denote one complete unit of work as required by or described in the contract including necessary materials, equipment, labor, overhead, and profit to complete the job. They will not be measured.

ITEM 1. BASE ITEM – WOOD POST FENCE LINE CONSTRUCTION

PAY ITEM

# DESCRIPTION M.O.M. UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

1.1 Mobilization LSQ LS 1 $ $

1.2 Site Preparation LSQ LSQ 1 $ $

1.3 Metal Double Swing Gate AQ EA 2 $ $

1.4

Woven Wire Fence Barbless

Wire Top AQ LF 3,508 $ $

1.5 Wood Interim Fence Posts AQ EA 219 $ $

1.6 Wood Stress

Panel AQ EA 10 $ $

1.7 Wood Corner

Panel AQ EA 5 $ $

TOTAL BASE BID PRICE: $

1204T020Q0070

SCHEDULE OF ITEMS continued..

ITEM 2. ALTERNATIVE ITEM – METAL POST FENCE LINE CONSTRUCTION

Only one Item will be awarded, either Base Item 1 or Alternative Item 2.

CONTRACTOR DUNS Number________________________ EMAIL _______________________

B-2 NOTES:

Lump Sum Quantities (LSQ) denote one complete unit of work as required by or described in the contract including necessary materials, equipment, labor, overhead, and profit to complete the job.

They will not be measured.

The estimated start work date is June 1, 2021. All work shall be completed within 60 calendar ays after the effective date of the Notice to Proceed.

For additional information, please contact Kenny Gabriel at 541-822-7221 or cell 541-915-2598.

PAY ITEM

# DESCRIPTION M.O.M. UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

2.1 Mobilization LSQ LS 1 $ $

2.2 Site Preparation LSQ LS 1 $ $

2.3 Metal Double Swing Gate AQ EA 2 $ $

2.4

Woven Wire Fence Barbless

Wire Top AQ LF 3,508 $ $

2.5 Metal Interim Fence Posts AQ EA 219 $ $

2.6 Metal Stress

Panel AQ EA 10 $ $

2.7 Metal Corner

Panel AQ EA 5 $ $

TOTAL ALTERNATIVE BID PRICE: $

1204T020Q0070

NOTE: Contractor MUST register in the System for Award Management (SAM):

https://www.sam.gov/portal/public/SAM/ and have an “Active” registration at time of quote submission.

The contract awardee must register at the https://www.ipp.gov/vendors/enrollment-vendors.htm in order to submit invoices for payment. See page 34 for more information.

PRE-QUOTE SITE VISIT SCHEDULING

Contact: Autumn Metz Phone: (541) 822-7223 Email: autumn.metz@usda.gov

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (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.

Work includes: Constructing approximately 3,508 linear feet of wildlife fencing, including 5 corner and 10 stress panels, and 2 galvanized steel double swing gates in accordance to the Drawings and Statement of Work. Work also includes clearing the entire existing fence line 5 feet on both sides in accordance with the Specifications. Under the base bid, posts and supporting members will be wooden. There is an alternative bid item to use galvanized steel posts and supporting members instead.

C-2 PROJECT LOCATION

The project can be located as follows: From Interstate 5, take State Highway 126 east, toward Mckenzie Bridge. Travel approximately 64 miles (about 6.7 miles past McKenzie River Ranger Station) to Boulder Creek 2653 Junction. Turn right onto Boulder Creek 2653 and travel approximately 4 miles to the FS Road 2657 Junction. Turn left onto 2657 Junction for approximately 100 feet to the access road to Pebble 1 Seed Orchard.

C-3 PRICE RANGE

The Government's estimate is between $25,000 AND $100,000 (for all Schedule line items)

C-4 APPLICABLE SPECIFICATIONS (CSI PROJECTS)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

1204T020Q0070 Pebble 1 Seed Orchard Fence https://www.sam.gov/portal/public/SAM/ https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:autumn.metz@usda.gov

(End of clause)

C-5 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals per timeframes identified in Statement of Work.

C-6 PROJECT SUBMITTALS

The submittals, shop drawings, material certifications and/or testing reports refrenced in the following specifications are required for this project:

Referenced by Specification No

Time of Government Approval After Submittal

See SOW Per SOW

C-8 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR

452.211-73 (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.

SECTION D – PACKAGING AND MARKING

(For this Soliciation, 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

52.246-1 Contractor Inspection Requirements 52.246-12 Inspection of Construction (AUG 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 location.

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 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.

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

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 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 days 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 60 days. The time stated for completion shall include final cleanup of the premises.

F-3 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.

F-4 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-

10)(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 90 days after issuance of Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

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

F-5 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within the timeframe developed in the Statement of Work, or determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government.

In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

F-6 AGAR 452-236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV

1996)

Within five (5) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (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 assignments which were issued by the COR provided they do not affect the delivery schedule or the 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 contractural coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractural coverage could result in nonpayment or necessitate submittal of a contract claim.

G-2 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 30 days prior to project start date (estimated for early May 2021). The conference will be held at: the Headquarters of the Willamette National Forest, 3106 Pierce Parkway, Suite D, Springfield, OR or at the McKenzie River Ranger Station, 57600 McKenzie Hwy, McKenzie Bridge, Oregon, or by other means determined by the parties.

G-3 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The written notification shall include as a minimum:

(a) The name, address, and telephone number of the subcontractor.

(b) The date upon which the subcontract was entered into and its duration.

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

(d) Documentation of the subcontractor's representative authority.

G-4 NOTIFICATION OF SUBCONTRACTING CHANGES

Contractor shall promptly notify the Contracting Officer and request written consent before making any substitution of outside consultants, associates or subcontractors differing from those specifically initially identified.

G-5 AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS – FIXED-PRICE

CONSTRUCTION CONTRACTS (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed Price Construction Contracts, shall not cover any amount not included in the contract price.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 POTENTIAL SAFETY HAZARDS

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

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

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

[ ] Confined space entry.

[ ] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[ ] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

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

[ ] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[ ] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

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

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

[ ] Other __________________________________

H-2 PERSONAL PROTECTIVE EQUIPMENT

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

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

Defective or damaged personal protective equipment shall not be used.

The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

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

The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1- 1997.

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

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

H-3 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of existing vegetation, structures, equipment, utilities, and improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contactor or the Contractor’s agents or employees.

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

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.243-4.

H-4 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. The Contractor shall carefully conserve any utilities furnished without charge.

None

(End of clause)

H-5 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including Government- Furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made.

No approvals will be made prior to award.

H-6 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-7 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-8 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

1204T020Q0070 chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-9 CONSTRUCTION STAKES, LINES, AND GRADES

(a) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Drawings or stated in the specifications. This work is incidental to the pay items.

(b) If any construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the Contracting Officer’s Representative (COR). If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(c) In case of any construction changes, the Contractor shall cooperate with the (COR) and facilitate the prompt reestablishment of the field control for the adjusted work.

H-10 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 0730 a.m. and 1630 p.m., Monday through Friday, unless other hours are approved in writing by the COR. The Contractor shall conduct activities so that interference with the public and Government employees shall be kept at a minimum. Work required for the Installation of the new security door located in the front office shall only take place Monday through Thursday to reduce public interference during higher visitor volumes that occur on Friday and Saturdays. The project site shall remain free of hazards at all times. Any activities requiring closure to the public and/or employees shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(END OF CLAUSE)

H-11 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.

1204T020Q0070

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

H-12 ROAD MAINTENANCE REQUIREMENTS

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-13 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.

(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.

H-14 ROAD USE AND MAINTENANCE

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 Rd 2653 FS Rd 750 None 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 National Forest 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 --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the District Ranger.

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-15 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.

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-16 PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly

1204T020Q0070 reported to the other party.

Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas. (End of clause)

H-17 METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

(1) As a result of changes in the work authorized by the Contracting Officer.

(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

H-18 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the project area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also

1204T020Q0070 remove and dispose of upon completion and final approval, all tape, marking material, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

H-19 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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 (JUN 2020) 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 Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.203-19 Prohibition of Requiring Certain Internal Confidentiality Agreement of Statements

(JAN 2017)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 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 (JUN 2020) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAR 2018) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payroll 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)

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52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage 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 (JUN 2020) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 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) (applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 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…