Solicitation.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

278282

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

9/01/09

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

278282

6. PROJECT NO.

2769.09.1

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Sierra Cascade Province Acquisitions Lassen National Forest 2550 Riverside Drive Susanville, CA 96130

See Block 7.

9. FOR INFORMATION

CALL:

A. NAME

Charlotte Carter B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(530) 252-6621

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):

Schedule and Description and Statement of Work

QUARTERS MAINTENANCE FOR MINERAL WORK CENTER

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

Estimated Price Range: Between $25,000 and $100,000.

11. The Contractor shall begin performance within 3 calendar days and complete it within 21 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. offers in original and 0 copies are due at the place specified in Item 7 by 4:30 pm local time September 15, 2009. Offers may be FAXED to 530-252-6408 Attention: Charlotte Carter, or may be emailed to cocarter@fs.fed.us.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

Solicitation No. 278282 Page 2 of 33 Quarters Maintenance for Mineral Work Center

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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.

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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, requisitions identified on this form and any continuation sheets for the consideration slated 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)

CHARLOTTE CARTER

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442

BACK (REV. 4-85)

Solicitation No. 278282 Page 3 of 33

CONTINUATION SHEET SOLICITATION NO. 278282

Name of Contractor or Offeror:

PART 1: PROJECT SCHEDULE

SUPPLIES OR SERVICES AND PRICE/COSTS

MOBILIZATION/TRAVEL

Item Transport and Lodging Item(s) Pay Unit Price

1 Mobilization (Includes Bonding) JOB $ 2 Travel JOB $

LUMP SUM TASKS

Item Work Item Pay Unit Price

3 Sealing of exterior shell JOB $ 4 Window Panes Replacement JOB $

Electrical: Carbon Monoxide (approximately 5 each) and Smoke Alarms (approximately 8 each), including separate circuit wiring supplies for each building.

JOB

6 Electrical Inspection and minor repairs JOB $ 7 Plumbing Inspection and minor repairs JOB $ 8 HVAC Inspection and minor repairs JOB $

TOTAL: LINE ITEMS 1 THROUGH 8 $________

POSITION CLASSIFICATION FOR TIME & MATERIALS WORK

Item

Position Classification Hourly rates for Time & Materials Work

(Any orders under this section will be added by Contract Modification) Pay Unit Price

This work falls under Davis Bacon General Decision: CA20080018 07/24/2009 CA18 for residential work.

12 Carpenter HR $ 13 Electrician HR $ 14 Laborer HR $ 15 Plumber HR $

[Total: Not Used for wage rates/salary]

Solicitation No. 278282 Page 4 of 33

Table of Contents

Title Page

Solicitation/contract form

Supplies or services and prices

Table of Contents…………………………………………………………4

Description/specifications

Project Location…………………………………………………………..7

Price Range……………………………………………………………….8

Inspection and acceptance

Deliveries or performance

Contract administration data

Special contract requirements

Contract clauses

List of documents, exhibits, and other attachments

Representations, certifications, and other statements of bidders ... 24

Instructions, conditions, and notices to bidders

Evaluation factors for award

Solicitation No. 278282 Page 5 of 33

SUPPLIES/SERVICES AND PRICES/COSTS (CONT.)

DESCRIPTION AND STATEMENT OF WORK

The Lassen National Forest is undertaking a project to ensure the safety and health of occupants on three residential buildings at the Mineral Work Center.

The project consists primarily of sealing the outer and inner building envelope against rodent intrusion and repairing internal plumbing and electrical issues. All work performed under this contract shall be made rodent proof as defined in Item 3b below in addition to requirements listed here and in the attached Specifications. Window glass replacement and sealed.

Contractor must bid and be ready to perform all of items 3 through 8 to be considered for this work.

1) Mobilization

a) If contractor requires a mobilization charge for equipment, it shall be included in this item.

b) Additional equipment required for work shall be determined on a case-by-case basis and added in the applicable change order.

2) Travel Expenses

a) If contractor requires travel and lodging expenses they shall be included under this item.

b) Additional travel expenses for additional work shall be determined on a case-by-case basis and included in the applicable change order.

3) Seal shell

a) Seal or repair all outer walls/roof and foundation penetrations as specified in Attachments

2 and 3, Section 070140.13 and 070140.23 respectively.

b) Repairs shall be rodent proof. Rodent proof is defined as not having any round holes larger than a ¼” diameter or any gaps greater than ¾” long that are more than ¼” in any dimension of the opening size.

c) Repair all roof structure and roof vents to be sealed against any rodent intrusion and water leaks.

d) Seal all metal roof openings with matching seal gaskets or spray foam. High expansion or low expansion foam may be used, however low expansion foam (i.e., Daptex ®) is recommended. If spray foam is used any foam extruding past the end of the metal roof shall be trimmed to match the end of the metal and sealed with dark brown exterior grade, satin or semi-gloss latex paint.

e) Repair penetrations through exterior walls, including bird/rodent holes and foundation vents including utility penetrations.

f) Remove unused flue/chimney pipe vents etc.

4) Replace broken window panes

a) Repair existing windows according to Attachment 4 Section 080181. Work is summarized as follows.

b) Remove broken panes of single pane glass approximately 10” by 12” tall.

c) Remove old glazing materials, clean mounting surfaces.

d) Place a seating bead of silicone under glass pane.

e) Place new glazing around the outside of the glass panes.

f) Remove one modern vacuum sealed, dual pane, aluminum frame, glass assembly.

g) Replace in kind with like modern dual pane vacuum sealed glass assembly.

Solicitation No. 278282 Page 6 of 33

5) Install safety devices (electrical)

a) All detectors shall be hard wired (behind the wall) on a separate circuit and not switched to prevent tampering with or shutting off unit.

b) Install new smoke detectors

i) Smoke detectors shall be mounted and wired without any shut off device (except over-current protection at circuit panel).

ii) One smoke detector is required in each of the following areas:

(1) In each separate space between sleeping areas and exit door for those sleeping areas.

(2) Inside each sleeping area

(3) Inside our just outside rooms likely to be the source of fires, mechanical rooms, heater locations, etc.

iii) Each smoke detector must have battery backup, batteries to be supplied at initial installation by contractor. Low battery warning shall be included on each separate detector.

c) Install carbon monoxide detectors

i) CO detectors shall be installed in hallways outside of sleeping areas and at location of each gas fueled device.

(1) Contractor may install only one device to cover both locations where hallway and gas device are in same location.

ii) CO devices shall be installed at approximately 3’ from floor to represent build-up of

CO at sleeping level of human respiration.

6) Electrical Inspection and Work Items

a) Perform a full commercial building code inspection and report all findings by line item.

An example inspection is attached. The attached example is not comprehensive or exhaustive. The inspector shall use his/her judgment to ensure that all necessary safety items have been inspected. The inspection is not limited to but shall include the following items.

i) Shut off all known loads and check for current at meter, if a draw is present find it and report it.

ii) Inspect all interior wires and connections for safety and correct type and size for load.

iii) Inspect for dedicated circuits for appliances such as microwave, electric ovens, AC and Heat units.

iv) Repair or replace existing appliance wiring that is not properly wired to code.

v) Rate each branch circuit for the lowest capacity by :

(1) Circuit breaker load

(2) Wire size and run length (estimate run length)

(3) Connector types and size

vi) Properly identify and label existing circuit panels.

b) If possible repairs will be added under the Time & Materials portion of this contract for such items that cannot be foreseen such as new ‘home run’ dedicated circuits for electrical ovens, microwaves, air conditioners and heaters where a dedicated circuit is not already in place or the existing circuit wiring or connections, etc. are of inadequate size/type.

c) Inspection shall include a legible written report of all items found to be out of compliance or suspected to be unsafe.

d) Bid shall include replacement or repair of electrical connections, outlets, fixtures, etc.

visible at time site visit.

Solicitation No. 278282 Page 7 of 33

7) Plumbing Inspection and Work Items

a) Perform a full commercial building code inspection and report all findings by line item.

An example inspection is attached. The attached example is not comprehensive or exhaustive. The inspector shall use his/her judgment to ensure that all necessary safety items have been inspected. The inspection is not limited to but shall include the following items.

i) Shut of all water taps and hose bibs at that building and check for flow in line, if pressure runs up OK and no flow is present at supply then interior fixtures and exterior hose bibs are OK.

ii) Check and report static pressure at building supply point.

b) If possible repairs will be added under the Time & Materials portion of this contract for such items that cannot be foreseen such as repair or replacement of interior fixtures and hose bibs only where necessary (use 12”+ setback on hose bibs where replaced).

c) Inspection shall include a legible written report of all items found to be out of compliance or suspected to be unsafe.

d) Bid shall include replacement or repair of electrical connections, outlets, fixtures, etc.

visible at time of site visit.

8) Mechanical Inspection and Work Items

a) Perform a full commercial building code inspection and report all findings by line item.

An example inspection is attached. The attached example is not comprehensive or exhaustive. The inspector shall use his/her judgment to ensure that all necessary safety items have been inspected. The inspection is not limited to but shall include the following items.

i) Location of heating units for safety.

ii) Control thermostat location, type and settings.

(1) Multiple unit thermostats or multiple thermostat units may be more efficient than a single large unit on a single thermostat.

(2) Recommend programmable thermostats wherever non-programmable or broken thermostats are located.

iii) Specifically, size of heating system for capacity to heat entire building without over-running heater duty cycle.

(1) Buildings have approximately half the insulation material of a modern home and are neither uniformly nor completely insulated. Assume walls are not R-13 but 3” unfaced fiberglass for approximately R-3 to R-6 in walls and ceiling is not R-23+ but approximately R-6 to R-13.

(2) Provide calculations used or tables used to select size of heaters with inspection results.

iv) Inspect and pressure test all gas lines and all gas appliances for leaks and adequate supply pressure.

b) If possible, repairs will be added under the Time & Materials portion of this contract for such items that cannot be foreseen such as repair or replacement of interior fixtures and gas lines where necessary.

c) Inspection shall include a legible written report of all items found to be out of compliance or suspected to be unsafe.

d) Bid shall include replacement or repair of gas connections, outlets, fixtures, etc. visible at time of site visit.

Solicitation No. 278282 Page 8 of 33

PROJECT LOCATION

The project is located on the Forest Service Mineral Work Center. The station is located approximately one mile east of the town of Mineral in California. The physical address is:

Mineral Work Center 38965 Highway 36 East PO Box 99 Mineral, CA 96063

PRICE RANGE

This project is estimated at between $25,000 and $100,000.

O

RDER OF PRECEDENCE--CONSTRUCTION

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

(1) The Schedule (excluding the specifications).

(2) Representations and other instructions.

(3) Contract clauses.

(4) Other documents, exhibits, and attachments.

(5) Special Project Specifications.

(6) Standard Specifications, (including FAR clauses).

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

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

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

(8) Shop drawings.

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (FAR 52.211-3)

(JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address

ASTM Standards

American Society for Testing Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

California Title 24, Parts 2–12 On file at County Law Library (county Tehema) or local government building inspection authority.

International Building, Plumbing and Mechanical Codes.

ICC online at http://www.iccsafe.org/ or though various re-sellers.

National Electrical Code 2008

National Fire Protection Association One BatteryMarch Park Quincy, MA 02169-7471 or online at http://www.nfpa.org/ or through various re-sellers

The request for specifications should identify the solicitation number and the specification requested by date, title and number, as cited in the solicitation.

http://www.iccsafe.org/ http://www.nfpa.org/

Solicitation No. 278282 Page 9 of 33

INSPECTION AND ACCEPTANCE

GOVERNMENT SURVEILLANCE OF TIME & MATERIALS WORK

A time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, appropriate Government surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used.

The Contractor shall schedule and organize his work tasks so as to provide a clear distinction of when employees are performing Time and Materials (T&M) tasks or lump sum tasks for the purposes of Government Surveillance.

The Contractor shall perform Time and Materials portions of the contract with high efficiency and prepare and plan scheduling, workforce and materials appropriations in order to provide a continuous and uninterrupted completion of those work items.

The Contractor shall show continuous measurable progress on Time & Materials tasks and shall schedule for completion of other contract work items such as drying, curing or other delays are necessary in the performance of Time and Materials tasks.

MEASUREMENT AND PAYMENT

Mobilization will be paid after the work is 10% complete and upon acceptance of the invoice. This item includes bonding costs and equipment delivered to the site such as scaffolding, job trailers, or other equipment used exclusively for this work, left on site for the duration of the work and removed after completion.

Travel (if required) will be paid upon completion of all work.

Reimbursement for travel and privately owned vehicle expenses will be made at federal government travel rates.

Payment will be in hours worked by each skill type as classified in the attached Davis-Bacon Wage determination.

All other items will be paid as noted on the schedule after completion of the work.

Quantities of work are estimated, it is likely that variations will be noted as the work progresses in areas inaccessible due to snow or covered (such as subfloor). Additional items will be negotiated; labor will be paid for at the offered price.

FINAL CLEANUP

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

Contractor shall remove and dispose all of its own trash and refuse from the contract area. The Contractor shall also remove and dispose of upon completion of the work, all work related debris and excess materials generated by the work. This cleanup is a subsidiary item for which no special payment will be made.

All hazardous waste and hazardous materials shall be disposed of off Forest Service land and in accordance with State and Local disposal requirements. No Forest Service employee may accept for use, storage or disposal any hazardous material or waste from the Contractor (or sub-contractors) or generated as part of this contract. Contractor shall make no request for leaving behind any waste or extra materials not specifically required as replacement or repair products in this contract.

Solicitation No. 278282 Page 10 of 33

DELIVERIES AND PERFORMANCE

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 3 days after the date of contract award. The conference will be held at Mineral Work Center, Mineral

CA.

CONTRACTOR READINESS

Contractor must quote and be ready to perform all items in the Schedule of this Contract within the calendar schedule under the Commencement, Prosecution and and Completion of Work portion and work hours listed in the Maximum Workweek portion in this Section.

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 3 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 18 April 2010. 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 15 December 2009. 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.

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within 3 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

(c) The maximum workweek that will be approved is (See below)

Crew quarters are rented out (occupied) beginning approximately the first week of May and through approximately mid October each year. During the unoccupied period, the maximum work week that will be approved is two 8-hr shifts or one 10-hr shift per day (on site), Monday through Sunday. While occupied, the maximum work schedule will be determined by the occupying crew needs and schedule but will result in approximately one 8-hour shift per day during normal crew work hours; about 9 am to 5 pm.

A 3-shift work schedule may be approved during the unoccupied period if it is deemed necessary to complete the project by the deadline given in the section titled Commencement, Prosecution and and Completion of Work above.

Solicitation No. 278282 Page 11 of 33

CONTRACT ADMINISTRATION DATA

SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING

REPORTS

SUBMITTAL PROCEDURES

Submit manufacturer specification sheets for the specific product listed, not general descriptions or brochures. Labels from the products shall not be removed, where a label contains all of the specifications for the product Contractor shall make arrangements for the COR to inspect that product data.

S

UBMITTALS

The following shall be submitted on this project when ordered:

Title Time of Government

Approval after Submittal Material(s) used for hole patches 2 days Materials for shutter construction 2 days Siding patching materials 1 day Coatings, Paint, Medium Brown 1 day Caulk, “35 year” class siliconized acrylic latex 1 day Plumbing grease, 90+% pure silicone 1 day Door or drawer hardware, match historical 1 day Roofing sealer, elastomeric 1 day Glass pane replacement glass, ¼” clear, float glass 1 day Glazing compound, fast cure/dry 1 day Patch reinforcement/vent screening materials, metallic 1 day Patch reinforcement/vent screening materials, fiberglass 1 day Roofing screws, gasketed, coated 1 day Roof end, corrugation gasket materials 1 day Carbon Dioxide monitoring devices 1 day Smoke alarm/detecting devices 1 day

SPECIAL CONTRACT REQUIREMENTS

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

GOVERNMENT FURNISHED PROPERTY

No Government furnished property or equipment will be provided for this contract.

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in conformity with lines, grades, cross sections, dimensions and material requirements shown on the drawings, indicated in the specifications or designated on the ground.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

"Conformity" or "conformance" is in compliance with nationally recognized and accepted customary commercial/industrial manufacturing and construction tolerances.

Solicitation No. 278282 Page 12 of 33

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Solicitation No. 278282 Page 13 of 33

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 silting-in 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.

LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

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

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs and other surface waters.

(1) Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling or other means sufficient to reduce the sediment content to nor more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the

Contracting Officer.

(c) All petroleum products or other hazardous substances (as defined in 29 CFR 1910.120) shall not be released on or into land, rivers, streams and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer or their designated representative. The Contractor shall dispose of waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags in accordance with applicable State and Federal regulations and such material shall be transported off government property in accordance with State and Federal regulations.

(1) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer, and other appropriate agencies.

(2) If the Contractor maintains storage facilities for oil or oil products on the Project Area, the

Contractor shall take appropriate preventive measures to ensure that any release of such oil or oil products does not enter on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto and shall conform to the federal, state, and local regulations.

(3) The Contractor shall immediately take action to notify the appropriate agencies (including the

Contracting Officer, or designated representative), contain, and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly, as

Solicitation No. 278282 Page 14 of 33 a result of construction operations. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs of the additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from construction operations.

(4) The Contractor shall notify the Contracting Officer, or designated representative, of any hazardous materials (as defined in 29 CFR 1910.120) to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job. All such materials shall be labeled in accordance with federal and state regulations.

(5) Contractor shall dispose of all unused chemicals in accordance with all applicable laws including

State and Local Laws and off Federal Government land. The Contractor may not enter into any agreement with Forest Service employees for government nor personal use, storage or disposal of chemicals, for any reason.

ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAMS

a) Definitions.

"Alcohol and controlled substances testing programs" are employer-based programs required by the Federal Department of Transportation (DOT) to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers of commercial motor vehicles. Under the DOT rule establishing these programs, pre-employment, reasonable suspicion, random, post-accident, return-to-uty and follow-up testing using specified procedures is required. d

"Commercial motor vehicle" is any vehicle that: (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more that 10,000 pounds; or

(2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the otor vehicle to be placarded under the Hazardous Materials Regulations. m

"Consortium" means an entity, including a group or association of employers or contractors, that provides lcohol or controlled substances testing as required by DOT, and that acts on behalf of the employers. a

"DOT" is the United States Department of Transportation who is responsible for administering egulations requiring alcohol and/or drug testing. r

"Driver" means any person who operates a commercial motor vehicle. This includes, but is not limited to:

full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer.

"Employer" means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle. The term employer includes an employer's agents, officers and representatives.

(b) By submission of its offer, the offeror certifies and agrees that --

(1) The Employer making the Offer has implemented and continues to maintain an alcohol and controlled substances testing program in accordance with DOT requirements.

(2) The Employer making the Offer who uses but does not employ a driver more than once a year has assured itself once every six months that the driver participates in an alcohol and controlled substances testing program that meets DOT requirements.

(3) As an employer who employs only himself/herself as a driver, it has implemented an alcohol and controlled substances testing program that includes more persons than himself/herself (e.g., a consortium) as covered employees in the random testing pool.

Solicitation No. 278282 Page 15 of 33

SUPPLEMENTARY SAFETY & HEALTH CONDITIONS

The following is in addition to the Contractor’s Safety & Health Plan for this work.

Contractor’s employees shall be advised that this facility is in a rural woodland setting. Caution should be taken with overhead hazards represented by nearby conifers (evergreen trees) such as falling branches or seed cones.

Employees should practice careful personal hygiene on this site due to the presence of many pest rodents and frequent wildlife interaction in the area. Hantavirus, plague and other common urban/woodland boundary interface diseases and biological vectors (mice, insects and animals) are present. While there is no recent evidence of a specific danger, the natural setting is prone to such conditions.

Emergency services number is 911 in the Mineral area.

Due to road and weather conditions, the best location for non-emergency self transport medical response may change daily. The contractor should make a daily determination as to which location would be best.

Nearest Urgent Care facility is in Chester about 29 miles east on California Highway 36.

Seneca Healthcare District: Urgent Care Clinic Lake Almanor Clinic 199 Reynolds Rd Chester, CA 96020 530-258-1986

Nearest Hospital is in Red Bluff California about 45 miles away to the west on California Highway 36.

St Elizabeth Community Hosp 2550 Sister Mary Columba Dr, Red Bluff, CA 530-529-8000

Solicitation No. 278282 Page 16 of 33

CONTRACT CLAUSES

U.S. DEPARTMENT OF AGRICULTURE: SIMPLIFIED ACQUISITION TERMS &

CONDITIONS: CONSTRUCTION

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. In addition, the full text of a clause may be accessed electronically at this address:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

Table of Federal Acquisition Regulation Clauses

Clause No. Title Date 52.211-5 Material Requirements AUG 2000

52.211-18 Variation in Estimated Quantity APR 1984 52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2004

Alternate I OCT 1997 Alternate II OCT 1997

52.213-4 Terms & Conditions--Simplified Acquisitions (Other Than Commercial Items) MAR 2009 52.219-6 Notice of Total Small Business Set-Aside JUN 2003

52.219-14 Limitations on Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance With Copeland Act Regulations FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination -- Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

6% Minority and %5 Female

FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-36 Affirmative Action for Workers with Disabilities JUN 1998

52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 Alternate I JUL 1995

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know AUG 2003 52.223-6 Drug Free Workplace MAY 2001

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity—Construction Contracts DEC 2007 52.232-5 Payments Under Fixed Price Construction Contracts SEP 2002

52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims JAN 1986 52.232-27 Prompt Payment for Construction Contracts SEPT 2005 52.232-33 Payment By Electronic Funds Transfer – Central Contractor Registration OCT 2003 52.233-1 Disputes – Alternate I (DEC 1991) JUL 2002 52.233-3 Protest After Award AUG 1996 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 http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

Solicitation No. 278282 Page 17 of 33

52.236-13 Accident Prevention NOV 1991 Alternate I NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984

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

Alternate I APR 1984 Alternate II APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.237-1 Site Visit APR 1984

52.242-14 Suspension of Work APR 1984 52.243-1 Changes – Fixed Price Alt II AUG 1987 52.243-3 Changes—Time-and-Materials or Labor-Hours SEP 2000 52.244-6 Subcontracts for Commercial Items and Commercial Components AUG 2009 52.245-1 Property Records APR 1984 52.245-2 52.245-2 Government Property Installation Operation Services JUN 2007

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994

Alternate I APR 1984 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

Table of Agricultural Acquisition Regulation (48 CFR Chapter 4) Clauses

Clause No. Title Date 452.204-70 Inquiries FEB 1988

452.211-73 Attachments to Statement of Work/Specifications FEB 1988 452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts NOV 1996 452.236-71 Prohibition Against Use of Lead Based Paint NOV 1996 452.236-72 Use of Premises NOV 1996 452.236-73 Archaeological or Historic Sites FEB 1988 452.236-74 Control of Erosion Sedimentation and Pollution NOV 1996 452.236-76 Samples and Certificates FEB 1988

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government. “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

Solicitation No. 278282 Page 18 of 33

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

Solicitation No. 278282 Page 19 of 33

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-ofname agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423,or 269-961-5757.

FAR 52.216-25 CONTRACT DEFINITIZATION (OCT…