1205K320Q0010_SF30_Amendment 02.pdf

(x) x

1205K320Q0010 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1100305688#

05K3

VANCOUVER WA 98661

501 E 5TH STREET 404

GIFFORDPINCHOT NATIONAL FOREST

USDA FOREST SERVICE

See Block 16C

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/08/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

D. OTHER (Specify type of modification and authority) x 1

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STEVONNE FULLER

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 02 is to replace the update Section C, extend the Period of Performance and extend the closing date of the solicitation. Replace the body of the solicitation (Section C through M) with the attached. This amendment extends the closing date to June 9, 2020 1530 PT.

Email offers are accepted. Email offers to stevonne.fuller@usda.gov.

USDA FOREST SERVICE

GIFFORDPINCHOT NATIONAL FOREST

501 E 5TH STREET 404

VANCOUVER WA 98661 US

Continued ...

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

XX

USDA Forest Service

BASE ITEM

NUMBER DESCRIPTION

METHOD

OF MEAS UNIT QUANTITY PRICE TOTAL

011900 Mobilization LSQ LS 1 $ $

024116-1

Structure Demolition - Remove and dispose existing comfort stations and vaults AQ EA 3 $ $

024116-2

Structure Demolition, Site Improvements - Remove and dispose or salvage LSQ LS 1 $ $

133460-1

Comfort Station Installation (Includes aprons) -

Double Vault (Ape Cave Western) AQ EA 1 $ $

133460-2

Comfort Station Installation (Includes aprons) -

Double Vault (Ape Cave Northeastern) AQ EA 1 $ $

133460-3

Comfort Station Installation (Includes aprons) -

Double Vault (Trail of Two Forest) AQ EA 1 $ $

312100 Site Preparation and Grading LSQ LS 1 $ $

321200-1 Asphalt Surfaced Pad, WSDOT Mix Design DQ SF 330 $ $

321204-1 Crushed Aggregate Base Course, WSDOT Gradation DQ SF 330 $ $

322205-1 Barrier Rocks (Commercial Source) AQ EA 20 $ $

329206 Hydro-Seeding LSQ LS 1 $ $

Total Base Items $

OPTIONAL

ITEM

NUMBER DESCRIPTION

METHOD

OF MEAS UNIT QUANTITY PRICE TOTAL

321200-2 Asphalt Surfaced Pad, WSDOT Mix Design DQ SF 187 $ $

321204-2 Crushed Aggregate Base Course, WSDOT Gradation DQ SF 187 $ $

321400 Aggregate Surfaced Pad - Crusher Fines DQ CY 10 $ $

027070-1 Temporay Construction Chain Link Fencing LSQ LS 1 $ $

027070-2 Temporay Construction Chain Link Fencing LSQ LS 1 $ $

027070-3 Temporay Construction Chain Link Fencing LSQ LS 1 $ $

027070-4 Temporay Construction Chain Link Fencing LSQ LS 1 $ $

027070-5 Temporay Construction Chain Link Fencing LSQ LS 1 $ $

027071-1 Temporary Porta-Potties LSQ LS 1 $ $

027071-2 Temporary Porta-Potties LSQ LS 1 $ $

027071-3 Temporary Porta-Potties LSQ LS 1 $ $

027071-4 Temporary Porta-Potties LSQ LS 1 $ $

027071-5 Temporary Porta-Potties LSQ LS 1 $ $

Total $

CONTRACT TOTAL- BASE AND OPTION ITEMS $

SCHEDULE OF ITEMS

MSHNVM Comfort Station Replacement Project

1205K320Q0010 Ape Cave Site Preparation GPNF

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

This project consists of the removal and disposal of existing vault comfort stations, including designated site improvements. Additional work includes excavation and backfill, aggregate and asphalt placement, barrier rock installation and foundation preparation for new pre-cast concrete comfort stations. All work for this project is within the Mount St.

Helens National Volcanic Monument, located on the Gifford Pinchot National Forest.

C.2 PROJECT LOCATION

Ape Cave is located entirely on the Mt. St. Helens National Volcanic Monument. The current entrance is located off Forest Road 8303, approximately 15 minutes east of Cougar, Washington; Skamania County.

Trail of Two Forests is located entirely on the Mt. St. Helens National Volcanic Monument.

The current entrance is located off Forest Road 8303, approximately 15 minutes east of Cougar, Washington; Skamania County.

C.3 APPLICABLE SPECIFICATIONS

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.

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 otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.5 AGAR 452.211-73 ATTACHMENT OF 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 SITE INFORMATION AND LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the

Government. The contractor is solely responsible for locating all work items in field, and provide appropriate distance measuring instruments to find all work items.

b. Work Hours. It is expected that the contractor will work Monday-Thursday from June 15 to the end of the contract time.. This is to allow the public to have access to the unrestricted areas from Friday- Sunday, which as the highest use days. No holidays or weekends can be worked, unless a written request is submitted to the Contracting Officer for approval.

c. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a Project Safety Plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate state OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

d. Roadway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site.

The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site.

Additional permits will be necessary by the contractor for the (1) bridge and (2) over-sized loads and/or over-weight loads. These applications have also been included in this contract. These permits will be accomplished once the contractors knows their load weights, load configurations, and travel routes. These permits are separate from a Road Use Permit for this contract, and are accomplished by the Forest Bridge Engineer.

Information regarding this can be found at the following website:

https://www.fs.usda.gov/detail/giffordpinchot/passes-permits/?cid=stelprdb5362066

e. Site Access and Restrictions. The site can be accessed off Forest Road 83; turn right onto Forest Road 8303 to access the Ape Cave and Trail of Two Forests entrance. The contractor shall utilize this existing paved roads to transport equipment and materials to the site. The Contractor shall restore any areas disturbed by construction activities prior to full acceptance of this project. In addition, the Contractor may remove any signs, kiosks and other site improvements, where shown on the drawings, that will impede their ability to mobilize equipment and material, and perform construction activities.

However, these features will also have to be re-installed to their pre-contract condition after all construction work is completed.

f. Phased Work (IF APPLICABLE AND AWARDED). Note, due to COVID-19, it is currently unknown if fencing or porta-potties will be awarded, or if the construction work needs to be accomplished in phases, as the site may be permanently closed to the public. However, if there are no recreational restrictions/closures (by either State or Federal Agencies), there will be times when the site is completely closed, partially closed, or open to the public. As a result, work will need to occur in phases, and the contractor will need to provide portable, construction type chain-link fencing (6-8 feet https://www.fs.usda.gov/detail/giffordpinchot/passes-permits/?cid=stelprdb5362066 in height) to protect the public from work zones and protect the work zone from the public.

June 29, 2020 - July 3, 2020It is expected that the contractor will begin the work listed below on June 29, 2020 and have the work completed by July 3, 2020. During this time, Ape Cave will be closed off to the public. Trail of Two Forests parking lot will be open to the public.

- Mobilization.

- Delivery of porta-potties at designated locations- Trail of Two Forests.

- Delivery and installation of temporary construction chain-link fencing:

o Trail of Two Forests- Restrict access to the following areas:

Current vault toilet and asphalt areas that are designated for decommissioning.

• Provide access for the public to the remaining parking lot area, the trailhead, and the porta-potties.

- Delivery and staging of other project materials and supplies (such as rock and boulders as examples).

- Cut down and removal of trees.

- Begin decommissioning of current toilet systems, walkways, and other applicable aspects of the project.

July 6, 2020- July 10, 2020It is expected that the contractor will begin the work listed below on July 6, 2020- July 10, 2020. During this time, Ape Cave will be closed off to the public. The Trail of Two Forests parking lot will be open to the public.

- Continue decommissioning current toilet systems, walkways, and other applicable aspects of the project.

- Begin excavations, grading, foundation preparations, boulder placements, and other applicable aspects of the project.

July 13, 2020- July 15, 2020It is expected that the contractor will continue/finish the work listed below on July 13, 2020- July 15, 2020. During this time, Ape Cave will be closed off to the public. The Trail of Two Forests parking lot will be open to the public.

- Finish decommissioning current toilet systems, walkways, and other applicable aspects of the project.

- Finish excavations, grading, foundation preparations, boulder placements, and other applicable aspects of the project.

- Have the new toilet foundations complete for approval no later than the afternoon of July 14, 2020. CXT will arrive with the new toilets structures the morning of July 16, 2020. CXT will begin installation of the new toilet structures on July 16, 2020.

July 16, 2020It is expected that the contractor will close off all public access to the 8303 RD, and Ape Cave and Trail of Two Forests recreational sites, to ensure that the site is secure and safe for the installation of the new toilet structures. The Contractor will be responsible, with coordination with the Forest Service Recreational staff, in closing off the road system at the 83/8303 RD intersection; if the contractor needs to close other gate systems behind the 83/8303 intersection this will be acceptable. The Contractor will be responsible for providing access to CXT contractors and truck drivers behind these closed areas. It is expected that CXT will only need to have these sites closed off to the public for one day.

July 20, 2020- July 24, 2020It is expected that the contractor will continue/finish the work listed below on July 20, 2020- July 24, 2020. During this time, Ape Cave will be closed off to the public. The Trail of Two Forests parking lot will be open to the public.

- Finish grading and prepping the areas adjacent to the new vault toilet systems.

Accomplish paving if possible.

- Prepping for hydro-seeding. Accomplish hydro-seeding if possible.

July 27, 2020- July 30, 2020It is expected that the contractor will finish all the contract work that was awarded by July 30, 2020. During this time Ape Cave will be closed off to the public. The Trail of Two Forests parking lot will be open to the public.

- Accomplish paving.

- Accomplish hydro-seeding.

- Remove temporary construction chain-link fencing from the project sites.

- Remove porta-potties from the project sites.

g. Existing Utilities. There are no utilities at the project site.

h. Toilets. The Contractor shall provide temporary toilet facilities (porta-potty) for its workers at the project site during all construction work. Toilet facilities shall be provided at a rate of one unit for every 10 workers assigned or working on site.

i. Water. Non-potable water for the project construction can be drafted directly out of any nearby creek. Use Best Practices, provide screens to not extract aquatic organisms, and do not block public access.

j. Security. Contractor is responsible for the Contractor’s equipment and materials owned or supplied to the site. Lost, damaged, or stolen equipment or materials shall be replaced at the contractor’s expense. The contractor shall be responsible for signing, limiting public access, and safety of the public and/or government employees at the site. All refuse shall be properly stored or removed from the site at the end of each day.

k. Traffic Control. The Contractor shall provide the necessary signs and barricades to close the entrance into Ape Cave and Trail of Two Forests.

l. Burning Permits. No burning shall be permitted during the duration of this project.

m. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, seeds, mud, grease and oil buildup from all equipment surfaces. Contractor shall schedule an equipment inspection with the COR

72 hours prior to mobilization. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer. In addition, the Contractor shall preserve and protect all vegetation adjacent to the designated clearing limits. The contractor shall schedule and execute all work in a manner that does not contribute to soil erosion into nearby waterways. Submit and erosion control plan prior to the start of construction, for approval.

C.8 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the Contracting Officer’s Representative. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C.9 WORK CAMPS, STAGING AND STORAGE AREAS

No camping shall be provided onsite. The entire parking area at Ape Cave may be utilized for staging and storage. Any areas used for such purposes shall be cleaned at the end of the project. Any areas damaged during staging and storage shall be repaired at no additional costs to the Forest Service.

C.10 PRE-BID CONFERENCE OR TOURS

There will be no Pre-Bid Tour for the project.

The Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.11 CONTRACTOR FURNISHED PROPERTY

A. CXT will be responsible for providing the following items:

1. Fabrication, delivery, and placement the following:

- two (2) double vault unit for the Ape Cave recreational area.

- one (1) double vault unit for the Trail of Two Forests recreational area

2. All items will be ordered and ready for transport in time for this contract. The construction contractor for this contract shall coordinate with the Forest Service and have all demolition and site preparation (including foundations) completed prior to the arrival of the vault toilets. Delivery date for the comfort station will be coordinated at the pre-work meeting for this contract, but at this time CXT is contracted to deliver and install structures July 16, 2020.

3. Contractor shall obtain all necessary floor plans and specifications from CXT prior to the start of work, and shall be utilized in conjunction with the documents in this contract.

C.12 PRICE RANGE

The Government’s estimate is:

(c) Between $100,000 and $250,000.

C.13 AMENDMENT UPDATES REGARDING CLOSURES

A. The FS will keep the Ape Cave recreational area closed to the public until the end of

July. As a result, the contractor can work Monday-Friday, at the Ape Cave recreational area throughout the duration of the project. The Ape Cave recreational area closure will be maintained by the FS, by way of closing and maintaining the gate closure on the 8303 RD, just past the entrance to the Trail of Two Forests recreational area. The contractor will be provided a key to the gate to access the Ape Cave recreational area. As a result, the contractor will not need to bid on fencing or porta potties for the Ape Cave recreational area. Reference of the fencing and porta potties within the specifications and/or plans for the Ape Cave recreational area can be disregarded. The contractor is still expected to meet deadlines as listed in the contract, such as start date, CXT toilet installation date, and the contract completion date. The contractor will still be responsible for securing the work site, as the FS cannot stop the general public from walking into the Ape Cave recreational area, just as this could occur at any other job site.

B. The FS will keep the Trail of Two Forests recreational area open to the public, as currently stated in the contract. As a result, the contractor will need to bid on fencing and porta potties for the Trail of Two Forests recreational area. Reference of the fencing and porta potties within the specifications and/or plans for the Trail of Two Forests recreational area still applicable to the contract. The contractor is still expected to meet deadlines as listed in the contract, such as start date, CXT toilet installation date, and the contract completion date. The contractor will still be responsible for securing the work site, as stated in the current contract. However, if the FS determines that the agency’s response to COVID-19 needs to be more restrictive, this could result in the site being closed off to the public. If this occurs, the FS will have the responsibility to performing and maintaining that closure.

SECTION D--PACKAGING AND MARKING

{No Information Available}

SECTION E--INSPECTION AND ACCEPTANCE

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

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

E.2 CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.3 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.4 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 Special Project Specifications.

E.5 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 http://www.arnet.gov/far/ 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.

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): https://www.acquisition.gov/Far/

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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work not later than 45 days. The time stated for completion shall include final cleanup of the premises.

All work shall be performed between June 15 and July 23, 2020. No work will be allowed on Federal Holidays.

F.3 FINAL CLEANUP

Contractor shall remove and dispose all of their own trash and refuse from the contract area.

Material to be removed includes, but is not limited to, camp refuse; for example, tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc.

The contractor shall also remove and dispose of upon completion of the project, all stakes, old culverts, flagging, and similar debris within the project area. Roads shall be swept and washed to remove soil and rock materials. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be removed from national forest land in accordance with State and local disposal requirements.

F.4 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (AGAR 452.236-75)

(NOV 1996)

Within 5 working days after receipt of the notice to proceed, the Contractor must submit the following information in writing for approval:

http://www.acquisition.gov/Far/ http://www.acquisition.gov/Far/

(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 proposed to carry out the work.

The maximum workweek that will be approved is Monday through Friday, 6:00 a.m. to 7:00 p.m.

Submit the Project Work Schedule on or before the date of the post-award conference.

F.5 BIO PREFERRED PRODUCT PERFORMANCE REQUIREMENTS SUMMARY

Required Service - Ensure the mandatory purchasing & use of biobased products.

Performance Indicator – Quantitative Factor Performance Standard - Contractor compliance with FSIRA, EO 13423, and FAR Surveillance Methodology – 100% Inspection

AQL - 100%

Deduction – 5%

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT FURNISHED PROPERTY

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

• Seed for hydro-seeding.

G.2 POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. The conference will be scheduled within 10 days after the date of contract award. The conference will be held at a Forest Service office agreed upon by both parties.

G.3 DESIGNATION OF CONTRACTING OFFICERS’S REPRESENTATIVE

A. The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

B. 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.

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

D. 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.4 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

G.5 PAYMENT – INVOICE PROCESSING PLATFORM

Partial and final payments will be made upon receipt and approval of a suitable invoice in the Invoice Processing Platform (IPP) system.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for the Forest Service to inspect each piece of equipment prior to it being placed in to service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, plant parts and seeds. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. “Off- Road Equipment” includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H.2 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER

DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

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.

H.3 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.4 LANDSCAPE PRESERVATION

(a) Work Within Project Boundaries:

The Contractor shall confine operations to within the clearing limits, immediate work area, or other areas designated in the 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.

The Contractor shall take care to maintain the natural surroundings within and adjacent to this project undamaged, and shall conduct the work at all times in compliance with the following requirements.

(b) Soil Erosion and Soil/Water Contamination:

Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) Hazardous Material:

No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or there from. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) The Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112). This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations.

Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate, additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms, or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

The Contractor shall give attention to the effect of contract operation upon the landscape,

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

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

H.5 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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

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

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

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

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

3. Constitute or imply acceptance; or

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

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

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

H.6 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

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.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 Requirement to Inform

Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL

2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 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 (AUG 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(JUL 2013)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html Tiffany Taylor **NOTE**[USE IF CONTRACT REQUIRES PHYSICAL ACCESS TO GOV’T FACILITY OR INFORMATION SYSTEM]

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 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations

(FEB 1988)

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 (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 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) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) 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) 52.228-11 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 (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL

2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014)

Tiffany Taylor NOTE: Use in conjunction with 52.223-1 unless the contract will not involve the use of USDA-designated items at http://www.usda.gov/biopreferred or 7 CFR Part 2902

52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items ( MAR 2015) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-71 Prohibition Against the…