Solicitation_1205M619Q0033_Frog_Mountain_Trail.pdf

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Frog Mountain Trail Federal contract opportunity
Solicitation number
1205M619Q0033
Issued by
Department of Agriculture Forest Service R6-Pacific Northwest Region

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REQUEST FOR QUOTATION PAGE OF PAGES

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

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

1205M618Q0033 5/15/2019 956790

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue Suite 3A.

Everett, WA 98201

All Work to be Complted NLT 11/15/2020.

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

AREA CODE NUMBER 9. DESTINATION

JANET HADA 425 783-6052 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

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

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

30 May 2019 by 2:00 PM submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

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

Frog Mountain Trail

Skykomish Ranger District

Mail Quote to:

Do Not Enter Prices Here

See Schedule of Items

Contracting Officer

2930 Wetmore Avenue, Suite 3A

Everett, WA 98201 or

Or E-mail to: janet.hada@usda.gov or

Or Fax to (425) 783-0129

Technical Point of Contact is Tom Davis

(360) 677-2242

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

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

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

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

DUNS:_______________

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

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

NSN 7540-01-152-8084

Previous edition not usable

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

RFQ NO. 1205M619Q0033

FROG MOUNTAIN TRAIL, SKYKOMISH RANGER DISTRICT

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE BID ITEM

Station 51+95 to Station 121+90 (See Construction Log and Project Map)

PAY

ITEM

ITEM DESCRIPTION

METHOD

OF MEAS.

EST.

QUANT.

PAY

UNIT

UNIT

PRICE

TOTAL BID

91101 Trail Construction – Excavation AQ 6995 LF $ $

91202 Trail Construction – Clearing and Grubbing AQ 6995 LF $ $

93101 Switchback, Type I AQ 7 EA $ $

90701 Mobilization AQ 1 LS $ $

TOTAL BASE BID ITEMS $

OPTION ITEM #1

Station 121+90 to Station 132+40 (See Construction Log and Project Map)

PAY

ITEM

ITEM DESCRIPTION

METHOD

OF MEAS.

EST.

QUANT.

PAY

UNIT

UNIT

PRICE

TOTAL BID

91101 Trail Construction -- Excavation AQ 1050 LF $ $

91201 Trail Construction -- Clearing and Grubbing AQ 1050 LF $ $

91301 Switchback, Type I AQ 2 EA $ $

90701 Mobilization AQ 1 LS $ $

TOTAL OPTION ITEM # 1 $

SECTION B-1 SCHEDULE OF ITEMS (Continued)

Trail Construction

Mt. Baker-Snoqualmie National Forest Skykomish Ranger District

Snohomish County, WA

OPTION ITEM # 2

Station 132+40 to Station 143+85 (See Construction Log and Project Map)

PAY

ITEM

ITEM DESCRIPTION

METHOD

OF MEAS.

EST.

QUANT.

PAY

UNIT

UNIT

PRICE

TOTAL BID

91101 Trail Construction -- Excavation AQ 1145 LF $ $

91201 Trail Construction -- Clearing and Grubbing AQ 1145 LF $ $

91301 Switchback, Type I AQ 2 EA $ $

90701 Mobilization AQ 1 EA $ $

TOTAL OPTION ITEM # 2 $

TOTAL BASE ITEM $_______________________

OPTION ITEM #1 $_______________________

OPTION ITEM #2 $_______________________

TOTAL BASE AND OPTIONS $_______________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

This project involves the construction of 1.74 miles of hiker/equestrian trail, named the Frog Mountain Trail, within the Wild Sky Wilderness. The Base Bid Item includes clearing, grubbing, and excavation of 6,995’ of trail, and the construction of 7 switchback corners. Option Item #1 includes clearing, grubbing, and excavation of 1,050’ of trail, and the construction of 2 switchbacks. Option Item # 2 includes clearing, grubbing, and excavation of 1,145’ of trail, and the construction of 2 switchbacks. All work is located within the Alpine Lakes Wilderness Area. Equipment restrictions are listed in Section H. The use of helicopters and rock drills have not been approved for this project. Work is expected to start on this project as soon as possible and will be complete by 11/15/2020.

Blasting shall be done by a state and federally licensed blaster. The blaster will be responsible for all permits now required to perform explosive work. Please refer to the ATF (Alcohol, Tobacco, and Firearms) Internet web site www.atf.gov for detailed information on federally required explosive permits.

C.2 PROJECT LOCATION

This project is located on the Skykomish Ranger District, of the Mt. Baker-Snoqualmie National Forest. All work is located inside of designated Wilderness. Campsites and access routes are located outside designated Wilderness. From Everett, WA take Highway 2 to just west of milepost 50, about ½ mile east of Skykomish, WA, and turn north on to Beckler River Road, FS Rd. # 63, and continue 12.7 miles to Jacks Pass, a junction of 5 FS roads. From Jacks Pass continue straight ahead to the north and follow a short spur road (spur 610) for approximately 0.1 miles to a gravel pit and the trailhead. The access trail begins near the midpoint of the gravel pit and is marked with flagging. Continue up the access trail, some on old road, for approximately 1.4 miles to the designated campsite, then follow a way trail uphill for approximately 750’ to the Beginning of the Project.

C. 3 TECHNICAL SPECIFICATIONS

Technical specifications are contained in applicable sections in:

USDA, Standard Specifications for Construction of Trails and Trail Bridges on Forest Service Projects, U.S.

Customary Units, 10/30/2014. This document is available to the public at:

http://www.fs.fed.us/recreation/programs/trail-management/documents/plans/supporting_documents/Trail_Specifications.pdf .

Technical Contact: Tom Davis, Trail Specialist, Skykomish Ranger District. (360)677-2242.

C.4 PRICE RANGE

The Government’s estimated price range is between $25,000.00 and $150,000.00.

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

C.6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.7 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases Dust suppressant 2-cycle engine oil Absorbents

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material

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

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

52.246-12 Inspection of Construction (AUG 1996)

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): https://www.acquisition.gov/?q=browsefar

52.242-14 Suspension of Work (APR 1984)

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

ALTERNATE I (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 November 15, 2020. The time stated for completion shall include final cleanup of the premises.

Work is desired to start as soon as possible on this project.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

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

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

b. Camp sites and trailer parking areas used by any employee working on the project for the contractor shall be kept neat and clean. There shall be no improvements made to the site.

c. Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

d. Designated Camp: The contractor may camp at the trailhead or at a designated campsite at an old landing outside the Wild Sky Wilderness (see map). No camping is allowed in the Wild Sky Wilderness. Any other campsite proposal by the contractor will be approved in advance by the Contracting Officer.

e. Food Preparation & Cooking: (1) Unattended attractants (human foods, soft drinks and alcoholic beverages, cosmetics and toiletries, pet foods, processed livestock feed and grains, cooking residue, empty food containers, and other refuse) will be unavailable to wildlife by either storing in IGBC tested and certified bear resistant containers, or by hanging 10 or more feet above ground level, 4 or more feet from the hanging structure, and 100 or more feet from sleeping areas. Attractants will be considered attended when non-sleeping people are within 80' of the attractants. (2) Food preparation, cooking, and cleaning areas will be 100 or more feet from sleeping areas.

H.2 LOCAL MATERIALS SOURCES

All borrow areas shall be approved in advance by the COR and shall be so located and excavated as to be screened from the trailway. Sources for native rock and stone used in steps and other trail structures will be approved in advance by the COR. Trees used for the construction of log crib walls shall have their stumps flush cut and covered with native debris.

H.3 LANDSCAPE PRESERVATION

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

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality designated solid waste disposal area. Garbage generated by living and working in the backcountry will be secured from wildlife and packed out at least every two weeks.

(d) Tree and Bark Damage: Trees used as anchors or spar poles for cable yarding of construction materials (ie:

bridge beams, barrier logs) shall be protected from bark damage and girdling. Chokers (nylon web, chains, or cable) shall be shimmed and will not have direct contact with live bark.

H.4 USE OF MOTORIZED EQUIPMENT & NOISE RESTRICTIONS

No motorized equipment is allowed in the Wilderness. Some motorized equipment is allowed in the Non-Wilderness portion of the project to improve the access route to the designated campsite or for transportation. Blasting is allowed as listed below. There will be no blasting on weekends or holidays unless approved in advance by the CO. The access route is 3’ wide, thus the width restriction on power wheelbarrows.

EQUIPMENT OPERATING SEASONS

Chain Saws NOT ALLOWED IN WILDERNESS Gasoline Brushers NOT ALLOWED IN WILDERNESS Gasoline Rock Drills NOT ALLOWED IN WILDERNESS Gasoline Wood Drills NOT ALLOWED IN WILDERNESS Gasoline Generators NOT ALLOWED IN WILDERNESS Power Wheelbarrow NOT ALLOWED IN WILDERNESS, no more than 3’ wide Motorcycle/Bicycle NOT ALLOWED IN WILDERNESS

ATV, ORV, UTV NOT ALLOWED

Excavator NOT ALLOWED Bobcat (Small Loader) NOT ALLOWED Helicopters NOT ALLOWED Blasting 3/1 – 9/23: NOT ALLOWED;

9/24 – 2/28: NO RESTRICTIONS

H. 5 USE OF PACK AND SADDLE ANIMALS

The Frog Mountain Trail is open to stock.

If any pack stock that is used the following conditions apply:

THE FOLLOWING ORDERS PERTAIN TO PACK AND SADDLE ANIMALS USED TO TRANSPORT

MATERIALS EQUIPMENT, SUPPLIES, AND/OR CREW MEMBERS:

A. To reduce the possibility of the spread of noxious weeds, possession or storage of hay and crop products

(any hay, hay cubes, straw, grain or other crop or mulch product) that are not state certified weed-free is prohibited on National Forest Lands [36 CFR 261.58(t)]. This regulation is based on the R-6 Final Environmental Impact Statement for the Invasive Plant Program-Preventing and Managing Invasive Plants, October 2005.

B. In addition the following stock practices shall be followed:

1. Refer to H.1.d for campsite restrictions. In general, duration will be limited to delivery of tools and supplies. Contractor should not expect to board stock at the construction site for the duration of the project unless approved by the Contracting Officer in advance.

2. Use of stock may be allowed for the transport of materials and supplies as needed for this project. Stock will not be allowed at work site unless specifically needed for completion of the project. Such use will be approved, in advance, by the Contracting Officer.

3. All stock shall be contained by approved low impact methods including high lines, electric fence or corral, well away from the trail or as approved by Contracting Officer. Other methods of containment will be allowed as approved by the Contracting Officer. Stock will be confined at all times except when delivering materials and supplies. No permanent improvements shall be made.

4. Group size limits for the Wild Sky Wilderness apply. Pack Stock and handlers shall not exceed 12.

H.6 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA 452.236-74) (FEB 1988)

a. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

b. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

H.7 DISPOSAL OF CONSTRUCTION DEBRIS

Existing structures, such as retainers, water bars, culverts, bridges, and puncheon, which are removed, and debris from the construction of retainers, water bars, puncheon, viewpoints, and bridges, shall be disposed of at a site and in a manner approved by the Contracting Officer.

H.8 CLEAN -UP

The following is in addition to FAR Clause 52.236-12.

The contractor shall remove all construction stakes, tags, and plastic flagging located within 50 feet of the completed trail centerline for the entire length of the project within 5 days after the final acceptance of all other work on the project.

H.9 EMERGENCY CONTROL (USDA 452.236-77) (FEB 1988)

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of Contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages on costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

(b) Contractor's Responsibility for controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use not less than the current area rate established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.10 FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, R6-FS-6300-50 (4/87)

Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (2/84)

Fire Plan, R6-FS-6300-55 (2/84) (FORM WILL BE PROVIDED AT POST AWAR CONFERENCE).

H.11 ADDITIONAL REQUIREMENTS

All disposals by burning shall require a burning permit issued by the Snoqualmie District Ranger and administered by the COR. Burning permits shall include:

(1) Restriction or prohibition of burning during declared periods of fire danger in accordance with State Fire Law.

(2) Restriction on prohibition of burning on a day-by-day basis when smoke dispersion values require such restriction in order to maintain air quality standards in accordance with State air pollution abatement procedures.

(3) Area or location of burning.

(4) Material to be burned.

(5) Beginning and ending dates.

(6) Safeguards: Including help and equipment to control the fire.

(7) Patrol needed on the fire until the fire is out.

H.12 RESPONSIBILITY FOR BLASTING

Federal Alcohol, Tobacco, and Firearms (ATF) regulations went into affect in 2003. Refer to the ATF Internet web site www.atf.gov for detailed information on federally required permits. Trail construction personnel responsible for blasting are required to comply with all Washington State and Federal Regulations regarding certification, purchasing of explosives, storage, transportation, and use. All blasting operations shall be conducted under the direct supervision of a qualified blaster possessing a valid Washington State User's (blasters) License. An approved and certified storage magazine will be required. A Commercial Driver's License with explosives endorsement and proper documentation is required for transportation.

a) A blasting plan with an estimate of: pounds of explosives; methods of blasting; name of licensed blaster; and license information, and a plan for protection and safety of the public and contract and FS personnel will be required. The plan will be submitted for review at least 7 days prior to any blasting activity.

b) Explosive Magazines shall be inspected by a Washington State Labor and Industries inspector and approved for use by them at each project site prior to beginning of the blasting project.

c) Prior to the firing of each blast, watchmen shall be posted a minimum 750 feet airline distance on trail or road locations that are within the blast area. All traffic will be stopped a minimum of 750 airline feet from the blast area.

d) The Blaster and other personnel shall be a minimum of 500 airline feet from the blast area.

e) The contractor shall provide warning signs that conform to the Manual of Uniform Traffic Control Devises for Streets and Highways when blasting operations are conducted or are within 1000 feet of a road or trail.

f) Blasting machines will be either Capacitor Discharge or Generator Blasting machines for all electric detonators. Non-Electric detonating devices will be used for all Non-Electric detonators. Cap and Fuse will not be allowed.

g) Each loaded hole shall be marked with red ribbon. These shall be checked following each blast. Following each individual blast, ribbons, and lead wire shall be collected. If a misfire is found, the blaster shall provide proper safeguards for excluding all persons from the danger zone. No misfires of loaded holes shall be left unattended.

h) All heavy rock construction areas, requiring the use of explosives, shall be scaled on and around the blast surface following each blast.

i) Blasting will only be permitted during the daylight hours and will cease by 6:00pm daily. Blasting activity will be prohibited from 12 noon Friday until 12 noon on Monday and on legal holidays.

j) Blasting within military training flight zones requires a 72 hour notice to the COR. Specify the location and time of the blasting. Radar equipment on fighter jets may cause premature detonation of electric caps.

k) No blasting will occur on weekends or holidays.

l) Projected use of alternative rock breaking or stump removal methods that don’t use high explosives will not change the above requirements unless approved in advance by the CO.

ADDITIONAL BLASTING REQUIREMENTS TO MITIGATE SOUNDS AND VIBRATION OF BLAST:

1) The contractor shall not use explosives between the periods of two hours before sunset to two hours after sunrise.

2) Where rock drill use has been approved the contractor shall not use surface shots.

3) All shots shall be fired in pre-drilled or dug holes that are properly stemmed or back-filled. Place sandbags over loaded holes, in conjunction with the air-gapping technique to increase stemming.

4) The contractor shall not use cap and fuse.

5) The contractor shall not exceed a powder factor of one-half pound of explosives per cubic yard of solid rock.

Do not exceed 1/4 pound per cubic yard of explosive when air gapping boulders. For tree cutting and stumps, use W(weight of explosive)=.004 D2. For stump use one pound per foot diameter at ground level.

H.13 USE OF HELICOPTERS

Helicopter use will not be allowed for the mobilization of materials, and supplies.

H.14 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

Approved signs shall be placed at the trailhead and all trail junctions to notify the public of the construction activity.

H.15 MAINTENANCE OF TRAFFIC

The new trail segments may be closed to the public for periods of time agreed upon with the Contracting Officer.

1) Flight Operations: Helicopters are not allowed on this project.

2) Blasting Operations: See RESPONSIBILITIES FOR BLASTING, paragraph (b) -(d). Watchmen will be posted at the junction of FSR 9030 and FSR 9031, at the trailhead, and as needed to control public access and safety during blasting operations.

H.16 OTHER CONTRACTORS

Other Contractor(s), Forest Service Crews, or volunteer groups may be working adjacent to the project site. The Contractor shall fully cooperate with the others, including planning and notification of blasting activities, use of stock, aviation activities, camp sites, or other actions involving public safety.

H.17 SAMPLES AND CERTIFICATES (USDA 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. The Contractor shall submit samples in duplicate, except as otherwise specified, to show compliance with the contract requirements.

Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.18 PRODUCT SUBSTITUTIONS, SHOP DRAWINGS AND MATERIAL CERTIFICATION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. The Contractor will request any and all substitutions, after award of the contract has been made. No approvals will be made prior to award.

H.19 DEFINITIONS AND ABBREVIATIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Definitions

Building Limits - A line 5 feet outside foundations of the structure.

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority. May also be referred to as the Engineer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plans, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Forest Supervisor - The person, or designated representative, responsible for administration of a National Forest.

Inspector - The government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

Materials - Any substances for use in the construction of the project and its appurtenances.

Notice of Non-Compliance - Written notice issued detailing specific area(s) of non-compliance with contract requirements.

Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

Pay Item - A unit of work for which a price is shown in the Schedule of Items.

Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract, which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and addition and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region-wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water, and sewage.

Work Order - A written instruction directing the Contractor to fulfill contract requirements.

B. Abbreviations

AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC Associated General Contractors of America AGMA American Gas Manufacturers Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials

AWPB American Wood Preservers Bureau AWPA American Wood Preserver's Association AWS American Welding Society AWWA American Water Works Association

COR

CS

Contracting Officer’s Representative Commercial Standard issued by U.S. Department of Commerce

DEMA Diesel Engine Manufacturers Association ETL Electrical Testing Laboratory ENSA Electrical National Standards Association FAR Federal Acquisition Regulations FHA Federal Housing Administration

FED. SPEC.

or F.S.

Federal Specifications

FSS Federal Specifications and Standards GSA General Services Administration ICBO International Conference of Building Officials ICEI Internal Combustion Engine Institute IEEE Institute of Electrical and Electronic Engineers IPCEA Insulated Power Cable Engineers Association MSHA Mine Safety and Health Administration MIL Military Specifications NBFU National Board of Fire Underwriters NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Associations NESC National Electrical Safety Code NFPA (Fire) National Fire Protection Association NFPA(Forest) National Forest Products Association NPC National Plumbing Code NSF National Sanitation Foundation NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Act PS Product Standard issued by U.S. Department of Commerce RIS Redwood Inspection Service SPA Southern Pine Association SSPC Steel Structures Painting Council UBC Uniform Building Code UL Underwriters' Laboratories, Inc.

UMC Uniform Mechanical Code USASI United States of America Standards Institute WCLIB West Coast Lumber Inspector Bureau WRC Western Red Cedar WWPA Western Wood Products Association ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers SMACCNA Sheet Metal and Air Conditioning Contractors National Association

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.html

52.204-6 Unique Entity Identifier (OCT 2016) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-22 Alternative Line Item Proposal (JAN 2017)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Construction Wage Rates 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 (JULY 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 Rates Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-16 Approval of Wage Rates (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014)

52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 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) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JULY 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUNE 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (NOV 2017) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (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 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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

(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 site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.4 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections

Payment Bond Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.5 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to:

USDA Forest Service.

I.6 ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved…

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