12475620R0001 SF 1442 Continuation Sheet.pdf

Solicitation No. 12475620R0001 Grays Branch Culvert Replacement

Cherokee National Forest, Ocoee Ranger District

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS ……………………………. Page 5

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK …………….. Page 7

SECTION D - PACKAGING AND MARKINGS ………………………………………………. Page 8

SECTION E - INSPECTION AND ACCEPTANCE ……………………………………............ Page 9

SECTION F - DELIVERIES OR PERFORMANCE ………………………………….............. Page 12

SECTION G - CONTRACT ADMINISTRATION DATA ……………………………............. Page 13

SECTION H - SPECIAL CONTRACT REQUIREMENTS ………………………….………. Page 18

SECTION I - CONTRACT CLAUSES …………………………………………………............ Page 28

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS …… Page 33

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS …………………………………………………………. Page 34

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS ……………………………………………………………................................. Page 39

SECTION M – EVALUATION FACTORS FOR AWARD …………………………………... Page 45

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Intent and Location

The Forest Service has a requirement for culvert replacement within the boundaries of the Cherokee National Forest in Tennessee, specifically the Ocoee Ranger District, 3171 HWY 64, Benton, TN 37307. This solicitation will result in award of a firm fixed price single award. This is a 100% Small Business Set Aside.

All items on the Schedule of Items are to be completed and submitted as the offeror’s proposal.

Failure to submit a completed schedule will result in the offeror’s entire proposal package being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places. The Schedule of Item is only one document of several that must be submitted with your proposal.

See Attachment 1 – Schedule of Items

Magnitude of This Project is Between $100,000.00 and $150,000.00.

Proposals are due on 30 May 2020 at 4:00pm EST.

Email Proposals to: tony.duncan@usda.gov

ALL QUESTIONS MUST TO BE SUBMITTED IN WRITING TO TONY DUNCAN VIA

EMAIL AT TONY.DUNCAN@USDA.GOV. QUESTIONS MUST BE SUBMITTED NO

LATER THAN 13 May 2020 at 4:00 EST TO ALLOW TIMETO ANSWER; QUESTIONS

RECEIVED AFTER THIS DATE TIME MAY NOT BE ANSWERED.

Pre-Bid visit information in Section L. Pre-Bid site visits are not mandatory but are encouraged.

There is no incumbent to this project.

mailto:tony.duncan@usda.gov mailto:TONY.DUNCAN@USDA.GOV

CONTRACTORS MUST SUBMIT THE FOLLOWING DOCUMENTS

(Failure to submit these documents may result in your proposal being non-responsive and not competed for award):

1) SF 1442 (signed and dated by authorized person) – Pages 1 thru 3

2) Contractor Information – Page 6)

3) FAR 52.222-22 (Page 38)

4) Attachment 1: Schedule of Items

5) Attachment 7: Experience Questionnaire

6) Attachment 8: Past Performance Questionnaire

7) Amendments (As Applicable)

CONTRACTOR INFORMATION

REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)?

(To be awarded this contract, contractor MUST be registered and active in SAM at the time of award as prescribed in FAR 52.204-7).

YES NO

COMPANY NAME:

TAX ID#:

DUNS#: CAGE#:

POINT OF CONTACT:

EMAIL ADDRESS:

OFFICE PHONE(S):

CELL PHONE(S):

FAX #:

SECTION C – STATEMENT OF WORK (SOW)

SCOPE OF CONTRACT – Contractor shall furnish all labor, supervision, equipment, materials, transportation and any other incidentals (including safety) necessary to complete this construction project in accordance with the Specifications identified in:

See Attachment 1 – Schedule of Items See Attachment 2 – Statement of Work See Attachment 3 – Site Map and Drawings See Attachment 4 – Specification List See Attachment 5 – Forest Service Specification Supplemental (FSSS)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988)

SECTION D – PACKING AND MARKING

For this Solicitation, there are NO Clauses in this Section.

---NONE---

SECTION E - INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction

As prescribed in 46.312 , insert the following clause:

INSPECTION OF CONSTRUCTION (AUG 1996)

(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) of this- section.

(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, at no increase in contract price, 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 re-inspection 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.

https://www.acquisition.gov/content/part-46-quality-assurance#i1072324

(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.

(End of clause)

GOVERNMENT QUALITY ASSURANCE

The Government will monitor services to ensure that the Contractor is providing quality material and the quality of work expected and meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to make random or scheduled inspections of the services provided.

Government inspections will be documented and placed in the Contracting Officer Representative’s (COR) file. If the employee’s work does not meet the standards as outlined in this contract, a Notice of Non-Compliance will be issued to the Contractor. The Contracting Officer (CO) may issue other cure notices if services are not being provided in a timely manner or does not comply with contract specifications.

Inspection of the construction and/or demolition under this contract shall be made by the COR or the Alternate COR as the work progresses and at such intervals as are necessary to insure compliance with the contract specifications and provisions. If the construction or demolition is not acceptable by the COR, the contractor shall perform said project to the satisfaction of the COR in accordance to this contract at no cost to the government.

Upon acceptance by the COR, the contractor may submit their invoice in the IPP system.

CONTRACTOR QUALITY CONTROL

The Contractor is to ensure the material and the quality of work is in accordance with this contract.

Subcontracting work is not an excuse for substandard performance. The Contractor will have measures in place to ensure services are performed to the Statement of Work and specifications in this contract. The Contractor is to communicate with the CO and COR as needed and shall be available to meet the CO and/or COR within a reasonable timeframe when requested.

Inspection will be as defined in the FP-14 and Forest Service Supplemental Specifications.

Final Cleanup - Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor’s rubbish, excess materials, temporary structures, equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION F - DELIVERIES OR PERFORMANCE

52.252-2 Clauses Incorporated by Reference

As prescribed in 52.107(b), insert the following clause:

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/far/index.html http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

(End of clause)

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 28, 2020.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by NLT August 1, 2020. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684 https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html https://www.acquisition.gov/content/part-11-describing-agency-needs#i1114152

SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 Post Award Conference.

As prescribed in

415.570, insert a clause substantially as follows:

POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at Cherokee National Forest Supervisor’s Office, 2800 Ocoee Street North, Cleveland, TN.

(End of Clause)

Contracting Officer

a. The Contracting Officer (CO) responsible for award of this contract:

Eduardo E. Savory Phone: (404) 347-2667 Email: eduardo.savory@usda.gov

b. The Contracting Officer (CO) responsible for administration of this contract: save as above.

c. A Contracting Officer means a person with the authority to enter into, adminster and/or terminate contracts and make related determination and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment request, reviews and makes final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for day-to-day monitoring of the contractor’s performance in the areas of the contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version. The Contracting Officer is the only authorized individual to make changes to the contract.

Contracting Officer Representative(s) – Liaison

a. Contracting Officer’s Representative(s) (COR) and/or Government Technical Monitor (GTM) will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

b. The COR will act as liaison between the USDA Forest Service herein referred to as “FS” and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). The COR is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site https://www.acquisition.gov/agar/agar-part-415#P82_5763 mailto:eduardo.savory@usda.gov condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction’s by the Contractor or the Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

Contractor Obligation

Contractor shall provide personnel who are trained and competent to accomplish the work on this contract in a manner consistent with the highest professional standards of the industry.

Contractors are required to stay in communication with the designated Contracting Officer’s Representative (COR) at all times.

On all matters that pertain to the contract terms, the Contractor shall communicate, in writing, with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests are outside the scope of the contract, the Contractor should so advise the COR and CO immediately. Buying and using material or performing any construction or demolition not listed in this contract without proper contractual modification by the Contracting Officer could result in nonpayment of these services and shall result in the Contractor performing those services at their own expense.

Key Personnel

The contractor shall assign a point of contact (POC) for this contact. The POC’s full name, phone number, and email address must be submitted in their technical proposal. The Contractor’s POC must be (i) deemed acceptable to the Government, (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. If the Contractor’s POC is the only individual present, that POC must be a key personnel. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation Clause 52.236-6).

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer, in writing, within a reasonable timeframe. Oral notifications may be made for immediate, unexpected changes followed by written notifications containing the new key personnel’s full name, phone number, and email address. Substitutes should have comparable qualifications to those of the person(s) being replaced. The Contractor is responsible to retrieve any keys and/or cleaning material associated with this contract.

Technical Direction

The performance of work required herein shall be subject to the technical direction and inspection of the COR. As used herein, “technical direction” is direction to the Contractor(s), which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract or task order specifications. The technical direction, to be valid:

a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract issued by the CO or ACOs;

c) Shall not constitute a basis for extension of the contract schedule(s)

Nothing contained in this part authorizes the Contractor(s) to incur costs in excess of the contract price or other limitations of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor(s): 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the

CO.

Job Site Administration

The Government will designate a COR to inspect the work. The COR will maintain a daily journal that will be filled out for days the COR visits the worksite. Government inspections do not relieve the Contractor(s) of the responsibility of providing adequate quality control measures. The Contractor or the Contractor’s Superintendent must contact the COR or CO regarding technical decisions and directions however only the CO may modify the contract to include or delete such work.

Hours of Operation

Normal operating hours are 0700am to 1700pm, Monday through Friday. The Contractor shall perform services required under this contract during normal operating hours, excluding the following recognized Federal Holidays:

New Year’s Day, January 1 Martin Luther King, Jr.’s Birthday, 3rd Monday in January Presidents Day, 3rd Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veterans Day, November 11 Thanksgiving Day, 4th Thursday in November Christmas Day, December 25

If work outside the normal operating hours is necessary, approval from the COR is required with at least 48 hours’ notice. Normally no work will be permitted during hours of darkness.

Meetings

The Contractor(s) shall be available to meet with the CO and/or COR upon request. Meetings will be scheduled by the CO or COR with timely notification to the Contractor(s).

Government Furnished Items

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

Item No. Property Description

Property Value Qty Location Date Available

1 Aluminum Culvert & Precast Express

Foundation

$47,500 1 USFS Ocoee Work Center, 227 Hwy 30, Benton, TN 37307

Immediately

Invoicing

The Contractor may invoice after services have been accepted by the Government. The Contractor shall submit invoices and any applicable information to the Contracting Officer Representative (COR) for approval and processing via the Invoice Processing Platform (IPP). Contractors must sign up in IPP prior to submitting an invoice at www.IPP.gov. It is the Contractor’s responsibility to invoice using IPP.

Department of Labor Payroll Form WH347 (https://www.dol.gov/whd/forms/wh347.pdf) and daily diaries for that period must be submitted as an attachment to the IPP invoice or emailed to the COR.

Invoices will be approved after they have been verified for correctness.

If the Contractor has an existing IPP user name and password from any federal agency that uses IPP, the Contractor must use these to log into IPP and submit an invoice. If the Contractor has never had an IPP user name or password, upon signing this contract, USDA will email the user name and the Dept. of Treasury will email the password. The COR and/or CO may be able to provide assistance with submitting an invoice in IPP after the user name and password have been provided.

Utilities

Where available, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However, due to the location of the projects under the resultant contract, the Government does not guarantee there will be facilities available to use under this contract.

Department of Labor Workplace Posters

DOL Workplace Posters shall be located where all employees and/or subcontractors have access to them and are able to read said posters in accordance with FAR 52.203-14. DOL Workplace Posters may be found at https://www.dol.gov/whd/resources/posters.htm.

Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased http://www.ipp.gov/ https://www.dol.gov/whd/forms/wh347.pdf https://www.dol.gov/whd/resources/posters.htm and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials 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’s Representative (COR).

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

(*Sample of biobased products for construction projects)

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings

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 in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, at the end of performance under this contract, the winning Contractor shall compile a complete list of biobased products and dollar value, purchased to carry out the contract requirements.

This information must be reported to https://sam.gov/SAM/, with a copy to the Contracting Officer and COR, prior to submission of the final invoice.

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:______________” http://www.biopreferred.gov./ https://sam.gov/SAM/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

(End of clause)

52.236-14 Availability and Use of Utility Services (APR 1984)

Utilities do not exist near this project.

52.236-4 Physical Data

As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted.

PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by survey, auger borings.

(b) Weather conditions N/A

© Transportation facilities Grays Branch Road is an undivided, gravel covered, forest road.

(End of clause) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684 https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ https://www.acquisition.gov/content/part-36-construction-and-architect-engineer-contracts#i1078655

Contractor’s Representation and 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.

Submittals – (Submittals are samples, drawings (red lines), analysis, product data sheets, cut sheets, warranties, required permits, etc.)

The following shall be submitted on this project:

Title Referenced By Specification No. Time of Government Approval after Submittal

Traffic Control Plan FSSS 156 & Traffic Control Clause 2 Weeks Safety Plan Safety Clause 2 Weeks Hazardous Spill Plan FAR 52.223-3 & FSSS 107 2 Weeks Contractor Quality Control Plan FP-03 153.02 2 Weeks Soil and Erosion Control Plan FSSS 157 2 Weeks Diversion and Dewatering Plan Sheet 5 of 7 in Plans 2 Weeks Construction Schedule 52.236-15 2 Weeks Rock Load Tickets FSSS 109, FP-14 109 1 day

Shop Drawings The following shop drawings shall be submitted on this project:

Title Referenced By Specification No.

Time of Government Approval after Submittal

None

Material Certifications and Testing Reports Submit the following material certifications and/or testing reports on this project:

Title Referenced By Specification No.

Material Certifications Grout 703,704.04,707, 725 Rock Testing Results 301, 703

Moisture Sensitive Soils (NOTE: For use on road projects where material to be excavated is expected to be moisture sensitive.)

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

Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

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

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

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 re-inspection 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.

Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor’s negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Control of Material

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources – Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources – When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor’s plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor’s expense.

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as “Changes” under Clause 52.243-5.

Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of

State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

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

Road Use and Maintenance

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Road No.

Termini

Authorizations, Restrictions & Requirements

Maintenance Required (Yes or No)

NFSR 55 Forest Boundary and NFSR 67 Maintenance Specification 811 commensurate with use

Y

NFSR 67 NFSR 55 & NFSR 221 Y

NFSR 221 NFSR 67 & Forest Boundary Y

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document.

Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions.

1. State laws governing traffic rules and equipment requirements on State and County highways.

2. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits – All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the District Ranger.

3. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

Traffic Control

The contractor shall provide a written traffic control plan to CO for approval a minimum of 10 days prior to start of construction. The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness.

Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

Safety

The following are some safety hazards which have been identified while performing road and bridge construction/reconstruction activities on the National Forest. The Contractor shall provide a written, job specific safety plan addressing hazards at the pre work meeting.

1. Traffic Hazards

A. Narrow, gravel- or native-surfaced forest roads

1. Construction traffic

2. Recreational traffic (including ATV’s)

3. Dusty conditions when the following or meeting other vehicles

4. Rough running surface

B. Obstructions In Road

1. Livestock and wildlife

2. Rolling rocks

3. Downed timber

2. Work Environment

A. Weather/Heat/Cold B. Bees nests C. Snakes D. Spiders E. Ticks F. Uneven ground G. Snags/hazard trees H. Personal safety equipment

3. Truck Driving & Trailer Towing A. Stopping distance B. Loads securely lashed C. Clearances (powerlines, etc.)

D. Steep grades

4. Excavation A. Slope stability B. Trench stability (CMP’s etc.)

C. Loose material/rolling rock D. Noise E. Water

5. Heavy Equipment Operation – While operating or working adjacent to or near heavy equipment, strict attention should be given to safety procedures. Injury, disability, or death may occur during any of the following:

A. Backing B. Clearance around backhoes/excavators/cranes C. Steep side slopes or soft ground/rollover D. Refueling E. Equipment limitations F. Unsafe equipment / lack of safety equipment (hard hats, chaps, and other job-specific safety equipment) G. Operator failure H. Overhead hazards when cranes or excavators are operating during heavy lifting operations I. Trailer, bucket, and other connections or retrofitting J. Loud noise K. Restricted sight distance L. Reduced hearing capability of operator due to equipment noise M. Overhead hazards when working near equipment N. Heavy loads, including dead and live weight O. Transport failures and accidents

1. Unstableness

2. Tie-downs

3. Loading/unloading hazards

6. Communications

A. Operators shall have communication via cell phone or FM radio.

Additional Requirements or Restrictions

Special conditions, site restrictions, or use limitations on this project including, but not limited to, the following:

Do any roads exceed 20% grade? No

Is the project in the wilderness? If so what limitations may apply? No

Are there restrictions on type/size of equipment? Equipment must be able to handle the magnitude of the work including lifting concrete express foundation sections.

If a trail, are there any special blasting requirements? No

Will access be allowed to be closed to the public, if so, how long? Under what conditions? Yes, see table 156-1 in the FSSS Specifications.

Order of Precedence – Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) Special Project Specifications

(6) Standard Specifications

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop Drawings

SECTION I – CONTRACT CLAUSES

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

https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

(End of clause)

52.204-12 Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-21 Basic Safeguarding and Covered Contractor Information Systems (JUN 2016) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52-222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination – Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for…