129JGP20R0012 - Moonlight Road Improvements.pdf

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 1 of 48

Stand-Alone Construction Contract Firm-Fixed-Price Construction Elements

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

129JGP20R0012

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/24/2020

PAGE OF PAGES

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

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

7. ISSUED BY CODE 05M6 8. ADDRESS OFFER TO

USDA FOREST SERVICE

R5 CENT-CAL ACQ SERV AREA CCASA

ATTN: GREG CUNNINGHAM

631 COYOTE STREET

NEVADA CITY CA 95959

Same as Block 7

9. FOR INFORMATION

CALL: GREG CUNNINGHAM

A. E-MAIL ADDRESS

Gregory.Cunningham@USDA.gov

B. TELEPHONE NO. (Include area code)

(530) 478-6162

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 no., date):

129JGP20R0012 - Moonlight Road Improvements

Plumas National Forest

Mount Hough Ranger District

FAR 32.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT

Between $1,000,000 and $5,000,000

Set Aside: Total Small Business Set Aside

See Section L, Paragraph L.11 for the Documents to Submit with Your Proposal.

All Requests for Information (RFI’s) shall be submitted on the attached RFI form no later than April 16th, 2020.

An organized pre-proposal site visit will not be held. Each offeror is expected to visit the site. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

11. The Contractor shall begin performance within 14 calendar days and complete it within 150 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Para. F.2)

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

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12B. CALENDAR DAYS

A. Sealed offers in original and zero (0) copies to perform the work required are due at the place specified in Item 8 by 1300 (hour) local time April 30th, 2019. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than Forty-Five (45) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Computer Generated

1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

IMPORTANT NOTES:

mailto:Gregory.Cunningham@USDA.gov

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 2 of 48

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

E-mail: DUNS:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work 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.

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Invoice Processing Platform, www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

GREGORY CUNNINGHAM

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

AMOUNTS

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

http://www.ipp.gov/

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 3 of 48

B.1 SCHEDULE OF ITEMS

SEE ATTACHMENT “4. Schedule of Items”

B.2 LUMP SUM (LS) QUANTITIES

LS quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, labor, overhead, and profit to complete the job. They will not be measured.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/ Supplemental Specifications referenced in

Section J.

C.2 DESCRIPTION OF WORK

The project consisting of road bed reconditioning and maintenance, removal of existing drainage structures, culvert replacement and reconditioning, and riprap installation including but not limited to the following;

Soil Erosion and Pollution Control, Including Dewatering

Removal of Roadside Vegetation, dispose by scattering slash and decking timber

Removal of existing structures and obstructions (primarily existing culverts), and dispose at commercial landfill

Construct roadside ditch

Construct ditch block

Construct rolling dip.

Construct riprap armored rolling dip

Construct riprap armored spillway

Construct riprap armored low water crossing

Construct lead –off ditch

Construct riprap armored catch basin.

Construct riprap armored lead off ditch

Construct riprap armored roadside ditch

Construct riprap armored fillslope

Construct riprap armored culvert outlet

Place aggregate base course for culvert foundation preparation.

Place aggregate surface course across roadway surface, 14 feet wide (typically).

Recondition existing aggregate surfacing and compact in-place.

Recondition existing roadway surface, native.

Reconstruct roadbed with aggregate surface course, and import native material as necessary to rebuild subgrade to previous elevation.

Reconstruct roadbed, no aggregate surface course. Import native material as necessary to rebuild subgrade to previous elevation.

Furnish and install new culvert pipe.

Cleaning existing culverts, as stated in the work list.

Repair existing culvert, as stated in the work list.

Install timber or rock barriers at local water sources.

Additional work items may be exercised by the Government, for the 28N02 and part of the 29N46 road. Those work items are as follows:

Additional Removal of Roadside Vegetation, dispose by scattering slash and decking timber.

Construct additional roadside ditch

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Construct additional ditch blocks

Remove existing roadside berms

Construct additional riprap armored rolling dips

Construct additional riprap armored spillways

Construct additional riprap armored catch basins.

Construct additional riprap armored fillslopes

Construct additional riprap armored culvert outlets

Place additional aggregate surface course across roadway surface, 14 feet wide (typically).

Additional Reconditioning of existing aggregate surfaces and compact in-place.

Additional Reconditioning of existing roadway surfaces, native.

Reconstruct roadbed with aggregate surface course, and import native material as necessary to rebuild subgrade to previous elevation.

Additional Culvert cleanings, as stated in the work list.

Additional culvert repairs, as stated in the work list.

Install new signs.

Replace metal pedestrian aisle at existing creek crossing.

Contractor shall provide everything-including, but not limited to, all equipment, supplies, transportation, labor, and supervision-necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the task order. Contractor must verify that there are no utilities in the project site, before beginning excavation.

See attachment “5. Statement of Work” for entire SOW

C.3 PROJECT LOCATION

State of California, County of Plumas, Plumas National Forest, Mt. Hough Ranger District, Township 26, 27, and 28 North; Range 10 and 11 East, “Moonlight Peak”, “Taylorsville”, “Fredonyer” & “Kettle Rock” 7.5 minute quadrangles.

The work is primarily located to the northwest, west, and southwest of Antelope Lake. All work is located on the Mount Hough District of the Plumas National Forest. The following roads are to be maintained in this project:

10M37 mile post 0.0 to 4.80; 11M26 mile post 0.0 to 0.74; 11M27 mile post 0.0 to 1.45; 27N10 mile post mile post 10.38 to 14.47; 28N02 mile post 19.81 to 24.05; 28N03 mile post 2.27 to 3.27; 28N08 mile post 0.0 to

3.97; 28N30 mile post 0.0 to 6.52; 28N48 mile post 0.0 to 1.15; and 29N46 mile post 0.0 to 9.90.

Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 APPLICABLE SPECIFICATIONS

The specifications shown in the specification listing contained in the attachments are applicable to this

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 6 of 48 contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

C.5 RESTRICTIONS ON WORK

A. The Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered under this contract or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, genetic information, gender, gender identity, gender expression, military or veteran status and denial of family care leave, and that such provisions shall include, but not be limited to:

employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.

B. The Contractor is responsible for the security of the Contractor’s tools and equipment at all times during the project. All trash and loose materials shall be secured on each Friday or last working day of the week. All motorized equipment shall be provided with key locks or other devices to render them inoperable when the Contractor is not on site. The Contractor shall not use Government trash facilities for waste without the permission of the COR. All construction debris remains property of the Contractor and shall be properly disposed of off of National Forest Land.

C. The Contractor and the Contractor’s employees will not be permitted to have dogs or other pets on the project site at any time.

D. The Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes during the course of the project.

Exclusions (non-work areas): All other areas that are not directly adjacent to the project area are considered non-work areas and should not be impacted by the Contractor in any way.

INSURANCE & CERTIFICATIONS

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement.

NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing (see also Section H, Camping Permit Compliance)

Camping is not permitted in US Forest Service Campgrounds. Contractor [ ] will [x] will not be permitted to camp elsewhere on US Forest Service land. Camping of Forest Service land is not a right;

permission may be revoked for failure to comply with the terms of the permit.

MAPS

Maps are included with the project drawings.

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DRAWINGS AND SPECIFICATIONS

See attachment “5. Statement of Work”

C.6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

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

C.7 CONTRACT TIMING AND RESTRICTIONS

Work shall be performed during daylight hours between 0730 hrs. and 1900 hrs. local time.

Estimated start work date is May 2020. The contract time will be 150 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup. Contract shall be completed no later than October 16th, 2020.

Construction activity will be allowed on weekends if approved by the Contracting Officer’s Representative.

Weekends are considered to begin at 5 pm on Fridays and end at 7:30 am on Mondays.

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SECTION D--PACKAGING AND MARKING

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

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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):

FAR: https://www.acquisition.gov/browse/index/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-4 Inspection of Services – Fixed Price AUG 1996

52.246-12 Inspection of Construction AUG 1996

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

https://www.acquisition.gov/browse/index/far

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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):

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

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

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fourteen (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 150 days after NTP issuance. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by May 30, 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.

F.3 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within five (5) calendar days after contract award, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts”;

and

(b) The hours (including the daily starting and stopping times) and days of the week the

Contractor proposes to carry out the work.

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SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Mt. Hough Ranger District (39696

CA-70, Quincy, CA 95971) or a mutually agreed upon location. A contractor designated representative shall be in attendance.

G.2 CONTRACT RELEASE

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

Reservations: "

G.3 GOVERNMENT-FURNISHED PROPERTY (GFP)

The Government will provide the following item(s) of GFP 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. Description Qty Source Location

See attached SOW

G.4 AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE

CONSTRUCTION CONTRACTS (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 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 visual surveys and inspections.

(b) Weather conditions are typical southwest California weather.

H.2 PRODUCT SUBSTITUTION

a. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified.

Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

b. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a) Product identification, including manufacturer's name and address.

b) Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c) Samples, as applicable.

d) Name and address of similar projects on which product has been used, and date of each installation.

e) Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f) Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g) Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

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h) Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1) Itemized comparison of the proposed substitution with product specified; list significant variations.

2) Data relating to changes in construction schedule.

3) Any effect of substitution on separate contracts.

4) List of changes required in other work or products.

5) Accurate cost data comparing proposed substitution with product specified.

6) Proposed amount of change to the contract.

7) Designation of required license fees or royalties.

8) Designation of availability of maintenance services, sources of replacement materials.

c. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

d. Substitute products shall not be ordered or installed without written acceptance of the

Contracting Officer.

e. Contracting Officer will determine acceptability of proposed substitutions.

f. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H.3 CONTRACTOR’S REPRESENTATION AND RESPONSIBILITY

a. In making formal request for substitution the Contractor represents it:

1. Has 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:

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a) Costs under separate contracts.

b) Contracting Officer costs for redesign or revision of contract documents.

b. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

c. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H.4 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS, AND

TESTING REPORTS

Product Substitution (See H.2) - Any modification of other items, designs, materials, products or equipment (including GFP), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification.

All substitutions shall be requested by the Contractor after award of the contract has been made.

No approvals will be made prior to award.

Submittals: The following project administration, specifications, material certifications, and shop drawings shall be submitted on this project:

Submittal Title

Section /

Specification No.

Time of Contractor

Submittal

Time of Government

Approval After

Submittal

Schedule of Work Para. F.3 21 Calendar Days (CDs) prior to work starting

14 Calendar Days

(CDs)

Job-Specific Safety Plan Para. H.8 21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

Fire Plan As Required Under

Attachment 3 21 Calendar Days (CDs) prior to work starting

14 Calendar Days

(CDs)

Biobased or BioPreferred Products Para. K.5 &

Section I 21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

See attachment “1. Supplemental Specifications” page 16 para 153.04 (2) (a) - Submittal Log for complete listing

H.5 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.

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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.

c. Structure Defacement. The Contractor shall not remove, deface, injure, or destroy structure elements of the site including but not limited to building structure, finish, or systems, adjacent roadways and sidewalks, fencing, onsite vehicles, 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 or identified on site.

H.6 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

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 16 of 48 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.

H.7 TRAFFIC CONTROL

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 on site access routes. Roads shall not be closed to traffic. Suitable warning signs shall be provided to properly control and direct traffic.

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.

H.8 SAFETY

a. Job-Specific Safety Plan: Prior to allowing any work to commence on the project, the

Contractor shall provide a written job-specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: loading and unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA regulations. The plan shall include all tasks and related activities anticipated to

RFP No. 129JGP20R0012 Moonlight Road Improvements Page 17 of 48 successfully complete the work.

b. Safety Items:

1. 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. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.

2. The following checked activities have been identified by the Government as potential safety hazards.

[X] Confined Entry Space.

[X] Fire hazards.

c. Personal Protective Equipment (FSAR 4G52.222-704 (FEB 2007)):

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

5. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of

American National Standards Institute (ANSI) standard Z89.1-1997.

6. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

7. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

d. Hazardous Materials: Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR 1910.1200) to be used on the job and will have Material Safety

Data Sheets (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

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H.9 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

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

H.10 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

a. Storage of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored material 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. The Contractor shall be responsible for making arrangements for storage on other than Forest Service-administered lands.

This contract DOES NOT ALLOW for the payment of materials stored at off-site locations.

All material and work covered by progress payments made shall thereon become the sole property of the Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of the contract.

b. Legal Relations and Responsibilities:

1. Government's Responsibility for Utilities: The Government will notify all utility companies or other parties affected and make arrangements for all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances affected by work under the contract.

2. Contractor's Responsibility for Utilities: In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

d. Prosecution of Work:

1. The Contractor may encounter other contractors performing work on projects in the area.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

(FAC 2020-04, Effective: 01-15-2020)

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

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

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)(Deviation 2019-O0003)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting (JAN 2017)(Deviation 2019-O0003)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (MAY 2018)

52.222-7 Withholding of Funds (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)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014)

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52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (AUG 2018)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.242-13 Bankruptcy (JUL 1995)

52.244-6 Subcontracts for Commercial Items (JAN 2019)

52.245-1 Government Property (JAN 2017)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I

(APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

452.236-72 Use of Premises (NOV 1996), Agriculture Acquisition Regulations (AGAR)

452.236-75 Restrictions Against Disclosure (FEB 1988), AGAR 452.236-76 Samples and Certificates (FEB 1988), AGAR 452.236-77 Emergency Response (NOV 1996), AGAR

Clauses that Pertain to Construction Line Items Only:

52.211-18 Variation in Estimated Quantity (APR 1984) 52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-8 Payrolls and Basic Records (AUG 2018)

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

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

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52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991), Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997), Alternate I (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-4 Changes (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994), Alternate I (APR 1984)

52.248-3 Value Engineering – Construction (OCT 2015) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996), (AGAR)

I.2 FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT

(OCT 1997)

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

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within forty-five (45) calendar days.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.4 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTIONS OR

TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012)

ALTERNATE I (FEB 2012)

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(a) This award is subject to the provisions contained in section As prescribed in 25.1102(d)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of

FAR clause 52.225-11. Sections 433 and 434 of the Consolidated Appropriations Act, 2012

(P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it – does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(c) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections

433 or 434.

I.5 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

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

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

(b) If the Contractor represented that it was a small business concern prior to award of this…