Solicitation_1284N819R0004.docx

1284N819R0004

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

Issuing Office: U.S. Department of Agriculture – Forest Service Utah Acquisition Support Center C/O Fremont River Ranger District 138 South Main Loa, UT 84747 Solicitation No: 1284N819R0004 Offers are solicited for: Yankee Meadows Campground Reconstruction (Cedar City Ranger District – Dixie National Forest)

THIS PROJECT IS SET ASIDE 100% FOR SMALL BUSINESS

NOTICE TO OFFEROR(S)/SUPPLIER(S): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

Important – Notice to Offeror:

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

3. At a minimum, offeror shall submit the following documents with their response to this solicitation:

SF-1442 – Solicitation, Offer and Award (Complete, Date, and Sign) Part I, Section B- l, Schedule of Items Part II, Section I-11, FAR 52.225-9 Buy American – Construction Materials (if applicable) Attachment J- 4, Standard Form 1413 - Subcontractor Form Attachment J- 7, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Attachment J- 8 Standard Form 24 - Bid Bond Part IV, Section K- 1, FAR 52.204-8 Annual Representations and Certifications Part IV, Section K- 4, Violation of Arms Control Treaties or Agreements-Certification Responses to Technical, Business Evaluation Factors (Detailed in Sections L & M) NOTE: Forms must be completed and submitted intact.

The solicitation number shall be written on the outside of your envelope. Offers must be mailed or hand delivered (faxed or e-mailed offers will not be accepted). **Overnight delivery to Loa, Utah is not guaranteed**

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED AND VALID IN THE System for Award Management – SAM – DATABASE, PRIOR TO AWARD UNDER THIS SOLICITATION. THE WEBSITE IS https://www.sam.gov/SAM/; CONTRACTORS SHALL ALSO BE REGISTERED IN THE SAM DATABASE UNDER THE NAICS CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER, OR DEMONSTRATE THEIR ABILITY TO QUALIFY AS A SMALL BUSINESS UNDER THE IDENTIFIED NAICS CODE.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1284N819R0004

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

04/16/2019

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

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

947371

6. PROJECT NUMBER

USDA - Forest Service Region 4, Acquisition Management Utah Acquisition Support Center - UASC 1749 West 500 South Salt Lake City, UT 84104

USDA - Forest Service Fremont River Ranger District ATTN: Tamera Draper - Utah Acquisition Support Center 138 South Main Loa, UT 84747

Tamera Draper

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 435.896.1095

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

Yankee Meadows Campground Reconstruction Cedar City Ranger District Dixie National Forest Iron County, State of Utah

Project Magnitude - The estimated price magnitude is: Between $1,000,000 and $5,000,000.

Site Visit Schedule: May 7, 2019 at 9:30 a.m. MT Plan to meet at the Yankee Meadows Campground Due Date for Proposals: May 24, 2019 at 4:30 p.m. MT Offers may be mailed, shipped or hand delivered to:

Fremont River Ranger District ATTN: Tamera Draper 138 South Main Loa, Utah 84747 Faxed or e-mailed proposals will not be accepted. Proposals delivered after due date at 4:30 p.m. Mountain Time will be rejected. Overnight delivery to Loa, Utah is not guaranteed; allow multiple days for proposal to be mailed or shipped.

11. The Contractor shall begin performance within 10 calendar days and complete it within 150 calendar days (for base award) after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10)

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

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

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NUMBER (Include area code)

Duns No. _________________ TIN: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

USDA - Forest Service Region 4, Acquisition Management Utah Acquisition Support Center - UASC 1749 West 500 South Salt Lake City, UT 84104

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Yankee Meadows Campground Reconstruction Cedar City Ranger District Dixie National Forest (County of Iron, State of Utah)

B- 1 Schedule of Items

USDA Forest Service

YANKEE MEADOW CAMPGROUND RECONSTRUCTION

(FINAL - 12/14/2018)

Base Bid:

Total Base Bid:

Optional Bid Items: (Option Items may be awarded on a line by line bases depending on funding availability)

Total Optional Bid Items:

Grand Total (Base and Optional Items):

* Designated Method of Measurement:

DQ–Designed Quantities; AQ-Actual Quantities, LSQ-Lump Sum Quantities; SQ–Staked Quantities; CQ–Contract Quantities

Business Name:

Date:

Offeror Name:

DUNs Number:

Offeror Title:

Phone Number:

Signature of Offeror:

E-Mail Address:

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B- 3 Option Items

The Government intends to award some or all option items at the time of award, subject to the availability of funds. If option items are not included at time of award, the Government reserves the right to award option items during the contract. The Period of Performance for any option items awarded AFTER the base contract award will be negotiated at the time the option is exercised. It is anticipated that option item(s) work will be completed concurrently with base award work, with base and any/all options completed by October 1, 2020.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1.1 Scope of Contract The Yankee Meadow Campground was burned over during the 2017 Brian Head fire. This project consists of reconstructing portions of the campground to repair damage caused by the fire, as well as other improvements. The work associated with this project includes:

Base Bid:

Demolition:

Obliterating existing roads that are to be removed.

Campground:

Realigning and reconstructing portions of the existing aggregate roadway and campground spurs Constructing new aggregate roadways, parking areas, and campground spurs, including culverts Constructing new campground sites, including all new site furniture, for single and double campsites Constructing improvements to the existing water system Constructing improvements to the host sewer system Constructing a new propane system for the host Optional bid items:

Removal and disposal of existing structures and obstructions (Exception: road obliteration included in base) Furnishing and installing shade structures for single units and group sites Furnishing and installing new double-unit vault comfort station Furnishing and installing tent pads for single and double units Relocating existing interpretive panels Furnishing and installing all signs, including regulatory, directional and site ID signs Furnishing and installing barrier rocks and concrete curb stops Constructing new campground sites, including all new site furniture, for group campsites Work to be completed by others (Not in Contract):

Removing and reinstalling the existing road closure gate Removing the existing fence and constructing a new fence Quantities associated with these options are identified in the Schedule of Items.

C- 1.2 Project Location

0. The project is located on the Dixie National Forest on the Cedar City Ranger District, Iron County, Utah, it is located approximately 5 miles South and 3-1/2 miles East of Parowan, Utah (approximately 10 miles by road from Parowan). Latitude: 37.759043°, Longitude: -112.758435°. Driving directions from Parowan: Drive South on highway 143 for approx. 3 miles. Turn left onto Bowery Creek Road. Road becomes Forest Road 049. Campground is on the left.

PIT LOCATIONS:

Crushed Aggregate Pit - Parowan: Latitude: 37.851097, Longitude: -112.819612.

Select Borrow Pit – FSR 049: Latitude: 37.797969, Longitude: -112.800916.

C- 1.3 Site Information and Limitations

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

Construction sites will be closed to the public during construction. The Forest Service will issue a closure order to the public. The Contractor will be responsible for signing and limiting public access.

Contractor will provide all materials and labor necessary to protect streams, wet or dry, during construction activities. The Contractor will be required to submit a stream protection plan and receive approval from the COR, in writing, prior to the beginning of construction.

All construction equipment shall be pressure washed before entering National Forest System lands. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

Water is not available at the site for construction purposes.

Toilet facilities are available at the site.

C- 1.4 Traffic Control and Construction Signing

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

C- 1.5 Work Camps, Staging and Storage Areas

0. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage work trailers on site.

No overnight camping will be allowed on site.

C- 1.6 Inspection of Worksite

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

C- 1.7 Start Date

0. Anticipated Summer 2019.

C- 1.8 Contract Time

0. Base Bid: 150 Calendar Days Optional Items: The Period of Performance for any option items awarded AFTER the base contract award will be negotiated at the time the option is exercised. It is anticipated that option item(s) work will be completed concurrently with base award work, with base and any/all options completed by October 1, 2020.

C-1.9 Contract Time and Winter Weather Shutdown

A. The count of calendar days to be charged against contract time will begin on the calendar day established by the Contracting Officer's written notice to the Contractor to proceed with the work, and will continue through the date of completion less time between Suspensions and Resume Work Orders. When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension, until winter weather has passed and work can proceed.

B. During period of total suspension, emergency work or minor operations not affected by nor connected with the cause of suspension may be permitted by the Contracting Officer without charge against contract time.

C- 1.10 Specifications

0. The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to, or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

Section 010250 - Construction Staking Section 011250 - Measurement And Payment Section 011900 - Mobilization Section 013300 - Submittal Procedures Section 014100 - Quality Control Section 022340 - Obliteration Of Old Roadways And Parking Spurs Section 023701 - Sediment And Erosion Control Measures Section 024100 - Waste Material Disposal Section 024102 - Removal And Disposal Of Structures And Obstructions Section 026460 - Colored Concrete Dumpster Pad Section 033000 - Cast-In-Place Concrete Section 033020 - Concrete From Packaged Dry Mix For Minor Structures Section 053000 - Sheet Metal Roofing Section 099100 - Painting Section 099600 - High-Performance Coatings For Water Storage Tank Section 101110 - Three Panel Bulletin Board Section 101400 - Signs Section 101415 - Site Identification Sign (Hdpe) Section 129400 - Family Unit And Site Furnishings Section 129410 - Group Site And Site Furnishings Section 129700 - Fee Tube Section 131110 - Pedestrian Timber Stairway Section 132700 - Precast Concrete Vault Restrooms Section 136000 - Pre-Manufactured Shelter Section 221100 - Water Distribution Systems Section 221102 - Curb Valves And Boxes Section 221105 - Water Hydrants Section 221300 - Onsite Wastewater Treatment Systems Section 231126 - Facility Liquefied-Petroleum Gas Piping Section 311000 - Clearing And Grubbing Section 312000 - Earthwork Section 312010 - Select Borrow Section 312100 - Project Site Preparation And Grading Section 312225 - Excavation & Embankment Section 321204 - Crushed Aggregate Base Or Surface Course Section 322100 - Tent Pads Section 322205 - Barrier Rocks Section 322622 - Precast Colored Concrete Wheel Stops Section 329206 - Seeding Section 332228 - Culvert Pipe And Pipe Arches

C- 1.11 Project Magnitude

Government Cost Estimate, per FAR 36.204, is Between $1,000,000 and $5,000,000. The Government anticipates the magnitude being closer to the lower range of this spread.

C- 1.12 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 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.

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.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L-5 - Instructions for the Preparation of Technical and Business Proposals).

Additionally, the winning 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 (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 1.13 Government-furnished Property

Gravel from the Iron County pit in Parowan, Utah Government Access Key

C- 1.14 Standard Specifications

See Section J for the list of Standard Specifications that are incorporated into this solicitation and any resultant contract.

C- 1.15 Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

C- 1.16 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 150 Calendar Days (for base work) plus and additional Negotiated Calendar Days (if options are awarded). The time stated for completion shall include final cleanup of the premises.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from Date of Issuance of Notice to Proceed through 150 Calendar Days (for base award).

SECTION G – CONTRACT ADMINISTRATION DATA

G- 1 Contracting Office

The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number. Communications shall be directed to:

G- 2 Contracting Officer’s Representative

The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter. Each awarded task order may have an individual Contracting Officer’s Representative (COR) designated by appointment letter.

G -3 Subcontracts

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the Contracting Officer and submit information required by the Contracting Officer, including a signed SF-1413 and report the percentage of subcontracting performed on this project (See Exhibit #4).

G- 4 Measurement

Units of measurement shall be as indicated in the Schedule of Items.

G- 5 Government Furnished Property

Gravel from the Iron County pit in Parowan, Utah Government Access Key

G- 6 Performance and Payment Bonds

In accordance with FAR 52.228-15, Performance and Payment Bonds-Construction, bonding will be required according to the amount of the contract award.

G- 7 AGAR 425.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a time and location to be determined.

G- 8 Submission of Invoices

Invoice Processing Platform (IPP) The Contractor shall utilize the Invoice Processing Platform (IPP) for the electronic submission and tracking of purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers.

A one-time enrollment in IPP will generate a series of emails that will be sent to the point of contact established in your SAM.gov account. The first email will be from “IPP User Administration” and will contain the IPP login ID and link to the IPP Website. A second email from “Treasure UPS User Administration” containing the password will be sent within 24 hours. Once both emails are received, the Contractor will login to the IPP application and complete the registration process. After login, you will be able to access IPP training information.

IPP System benefits include the ability to create invoices directly from a contract award and submit them electronically, as well as:

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For additional information, please visit the www.ipp.gov website to learn more. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973.3131 or they can be reached at IPPCustomerSupport@fms.treas.gov.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Site Superintendent

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 3 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 4 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 5 Conformity With Drawings and Specifications

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

H- 6 Local Material Sources

(a) Designated Sources--Sources of local materials will be 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. Any Contractor royalty payment requirements will be stated below.

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 the Differing Site Conditions and Changes clauses.

(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.

H-7 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-8 Barricades, Warning Signs, and Other Devices

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, flagmen 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.

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

H-9 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-10 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials,…