1205K320R0006_MSHNVM Foundation Prep_.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1015123

USDA FOREST SERVICE

GIFFORDPINCHOT NATIONAL FOREST

501 E 5TH STREET 404

VANCOUVER WA 98661

05K3

GIFFORD PINCHOT NATIONAL FOREST

501 E. 5TH STREET #404

VANCOUVER, WA 98661

STEVONNE FULLER 360-891-5085

1x 09/15/2020

1205K320R0006

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

MSHNVM - FOUNDATION PREPARATION AND BACKFILLING

SEE SCHEDULE OF ITEMS AND STATEMENT OF WORK FOR DETAILS

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 190 calendar days and complete it within ________________ ________________ calendar days after receiving

09/25/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ _______ ____________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

GIFFORDPINCHOT NATIONAL FOREST

501 E 5TH STREET 404

VANCOUVER WA 98661

05K3

STEVONNE FULLER

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 144

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1205K320R0006

0603 MSH South Side Installation Toilet Option

Delivery Location Code: 0E22

MOUNT ST HELENS NATIONAL VOLCANIC

42218 NE YALE BRIDGE ROAD

AMBOY WA 98601 US

FOB: Destination

Period of Performance: 10/19/2020 to 05/26/2021

0603 MSH South Side Installation Toilet Option

0603 MSH South Side Installation Toilet Option

0603 MSH South Side Installation Toilet Option

51 ENG FC (GIP) Mt St Helens Toilet

Replacement - Phase 4

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.1103

PART I—THE SCHEDULE

A.1 FOR INFORMATION CONTACT:

Administrative Contact:

Stevonne Fuller (360) 891-5085 or stevonne.fuller@usda.gov

Technical Contact:

Heath Cameron- (360) 449-7813 or heath.cameron@usda.gov

A.2 THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN

THESE DOCUMENTS

Project Name: MSHNVM Comfort Station Replacement Project

SECTION B-- SCHEDULE OF ITEMS and PRICE

BASE ITEM

NO. ITEM DESCRIPTION PAY

UNIT QUANTITY UNIT

PRICE

AMOUNT

011900-1 Mobilization

LUMP

SUM ALL

024116-1 Structure Demolition- Kalama Horse Camp

LUMP

SUM

ALL

024116-2 Structure Demolition- Marble Mountain Snow Park

LUMP

SUM

ALL

113460-1 Precast Concrete Vault Restroom Installation- Kalama Horse Camp

LUMP

SUM

ALL

113460-2 Precast Concrete Vault Restroom Installation- Marble Mountain

Snow Park

LUMP

SUM

ALL

312100-1 Site Preparation and Grading- Kalama Horse Camp

LUMP

SUM

ALL

312100-2 Site Preparation and Grading- Marble Mountain Snow Park

LUMP

SUM

ALL

321200-1 Hot-Mix Asphalt Paving- Marble Mountain Snow Park

LUMP

SUM

ALL

321204-1 Crushed Aggregate Base or Surface Course- Kalama Horse

Camp

LUMP

SUM

ALL

321204-2 Crushed Aggregate Base or Surface Course- Marble

Mountain Snow Park

LUMP

SUM

ALL

329206-1 Hyrdo-Seeding- Kalama Horse Camp

LUMP

SUM

ALL

329206-2 Hyrdo-Seeding- Marble Mountain Snow Park

LUMP

SUM

ALL

BASE TOTAL

LUMP

SUM ALL

OPTIONAL

ITEM NO. ITEM DESCRIPTION PAY

UNIT QUANTITY UNIT

PRICE

AMOUNT

011900-2 Mobilization

LUMP

SUM ALL

024116-3 Structure Demolition- Lava Canyon

LUMP

SUM

ALL

101450-1 Information Kiosk- Ape Cave LUMP

SUM

ALL

101450-1 Information Kiosk- Trail of Two Forests

LUMP

SUM

ALL

101450-1 Information Kiosk- Lava Canyon

LUMP

SUM

ALL

101450-1 Information Kiosk- Windy Ridge

LUMP

SUM

ALL

113460-3 Precast Concrete Vault Restroom Installation- Lava Canyon

LUMP

SUM

ALL

312100-3 Site Preparation and Grading- Lava Canyon

LUMP

SUM

ALL

321200-2 Hot-Mix Asphalt Paving- Lava Canyon

LUMP

SUM

ALL

321204-3 ALL

Crushed Aggregate Base or Surface Course- Lava Canyon

LUMP

SUM

322205-1 Barrier Rock- Lava Canyon LUMP

SUM

ALL

329206-3 Hyrdo-Seeding- Lava Canyon LUMP

SUM

ALL

OPTIONAL TOTAL

BASE & OPTIONAL

TOTAL

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

Kalama Horse Camp is in the Mt. St. Helens National Volcanic Monument. The site is located off Forest Road 81, approximately 8 miles northwest of Cougar, Washington, Cowlitz County.

Marble Mountain Snow Park is in the Mt. St. Helens National Volcanic Monument. The site is located off Forest Road 83, approximately 12.5 miles northeast of Cougar, Washington, Skamania County.

Lava Canyon is in the Mt. St. Helens National Volcanic Monument. The site is located off Forest Road 83, approximately 17.75 miles northeast of Cougar, Washington, Skamania County.

C-3 Price Range

The Government Estimate is between $100,000 and $250,000.

C-4 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-5 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-6 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-7 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-Friday from October 19 to the end of the contract time. 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 sites can be accessed off Forest Road 81 and 83. The contractor shall utilize the 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. Site Specific Work. It is currently expected that the sites will all remain open to the public during construction.

a. One the first day that construction takes place on site, each site will have to have porta-potties available to the public; see specifications regarding the site specific requirements.

Refer to the specifications for Temporary Porta-Potties.

b. The day that the contractor starts to actively demolishing any site or has excavated holes, those specific areas will need to be fenced off. The fence is to ensure site safety for the public and wildlife. Once holes have been filled, the fencing can be removed from the site. Refer to the specifications for Temporary Construction Chain Link Fencing.

c. The day that the toilets are to be delivered by CXT, the Contractor will be responsible for providing access to CXT contractors and truck drivers, by mitigating public access, but not limiting/restricting public access.

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

g. Existing Utilities. The only utilities on site are propane tanks and a single propane copper line connecting the propane tank and the current toilet building. Refer to the plans regarding details for decommissioning the propane copper line.

h. Toilets. The Contractor shall provide temporary toilet facilities (porta-potty) for its workers at the project sites 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. Burning Permits. No burning shall be permitted during the duration of this project.

l. 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/Pedestrian Control and Construction Signing

No work that endangers, interferes, or conflicts with traffic/pedestrians or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic/pedestrians has been submitted by the contractor and approved by the Contracting Officer’s Representative.

Construction signing for traffic/pedestrian control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic/pedestrian 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. Each site will have a staging/storage area agreed upon by the Contractor and the FS prior to construction. 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.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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

Clause Number Title Date 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 site.

E-3. Inspection and Testing Performed By Government

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

Clause Number Title Date 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 ready for use not later than _May 26, 2021___ . The time stated for completion shall include final cleanup of the premises, final completion of punch list items, and de-mobilization.

Note: Field work shall start October 19, 2020, no exceptions.

F-3 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:

(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-4 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 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within _5__ days after the date of contract award. The conference will be held at Mt. Adams Ranger Station_ or a mutually agreed upon location.

G-2 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-3 Government-Furnished Property

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

1. Fabrication, delivery, and placement the following:

- one (1) double vault unit, with chase, for the Kalama Horse Camp recreational area.

- one (1) double vault unit, with chase, for the Marble Mountain Snow Park recreational area

- one (1) double vault unit, without chase, for the Lava Canyon 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 November 9, 2020.

3. The FS will provide all necessary floor plans and specifications from CXT prior to the start of work, and shall they can be utilized in conjunction with the documents in this contract.

B. The Government shall be responsible for providing the following items:

4. Seed for hydro-seeding.

G-4 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.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 (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) 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 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) 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) 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]

52.222-13 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) 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)

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

52.236-15 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 Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause—

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

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

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

https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135887

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

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

(3) For long-term contracts—

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

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

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

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

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

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

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

The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I-3 FAR 52.225-9 Buy American -Construction Materials (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and http://www.sba.gov/content/table-small-business-size-standards https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction…