01-31-2013_Spring_Mountain_Visitor_Solicitation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0261-S-12-0008 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

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

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

3. All questions regarding this solicitation must be in writing and addressed to the Contracting Officer. All questions must be received no later than 2 p.m. on Wednesday, February 22, 2013 to be considered prior to solicitation close date.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service

SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

Offers Are Solicited For:

PROJECT:

SPRING MOUNTAIN VISITOR GATEWAY

PROJECT

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0261-S-12-0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

01/31/2013

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 8. ADDRESS OFFER TO

U.S. Department of Agriculture Forest Service

SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way, Suite 200

Boise, ID 83709-1663

USDA Forest Service Attn: Contracting Officer C/O Spring Mountains National Recreation Area 4701 N. Torrey Pines Drive

Las Vegas, NV 89130

9. FOR INFORMATION

CALL:

a. NAME: Margaret S. Schafer msschafer@fs.fed.us

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

(702) 839-5575

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):

SPRING MOUNTAIN VISITOR GATEWAY PROJECT

Humboldt-Toiyabe National Forest

County, Price Range The Government’s estimate is:

More than $10,000,000.

This a Total Small Business Set-Aside

DUNS NUMBER:_______________________________________________________________

TIN:__________________________________________________________________________

Primary Point of Contact e-mail address:_____________________________________________ Primary Point of Contact Phone Number:_____________________________________________

11. The Contractor shall begin performance within 10 calendar days and complete it within See Section F-2 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time 03/04/2013 (date). 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. (If “is required” see AGAR Clause 452.228-70)

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)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

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 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)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

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

CONSTRUCTION RFP thru FAC 2005-63 AG-0261-S-12-0008 Spring Mountain Visitor Gateway Project

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1 Schedule of Items

SCHEDULE OF ITEMS

SPRING MOUNTAINS VISITOR GATEWAY

BASE ITEMS

LINE

ITEM # REFERENCE DESCRIPTION METHOD

OF MEAS. UNIT QTY. PRICE TOTAL

1 011900.1.2.A Mobilization LSQ LS 1

2 000501.1.3.A.1 Visitor Services Building (including associated Geothermal Slinky Loop system) LSQ LS 1

3 000501.1.3.A.2 Education Building (including associated Geothermal Slinky Loop system) LSQ LS 1

4 132000.1.3.A Incorporated Art LSQ LS 1

5 133423.1.6.D.1 Prefabricated Multi-User Restroom Building AQ EA 1

6 133423.1.6.D.2 Pre-manufactured Picnic Shelters - 32'x36' AQ EA 2

7 133423.1.6.D.3 Pre-manufactured Shade Structure - 13'x20' AQ EA 1

8 010250.1.2.B Surveying and Staking LSQ LS 1

9 042213.1.5.A.1 CMU Retaining Walls DQ LF 300

310000.1.4.A.1 Site Prep and Demolition (NOT USED -

COMPLETED BY OTHERS)

FOR REFERENCE PURPOSES ONLY

N/A N/A N/A XXXXXX XXXXXXX

10 310000.1.4.A.2 Earthwork, Rough Grading. Fine Grading, and storm drain piping LSQ LS 1

11 313600.1.3.A.1 Gabions and Riprap LSQ LS 1

12 321220.1.4.A.1 Bituminous Pavement, Aggregate Base Course, Concrete Curbs, Striping DQ SY 16253

13 331000.1.4.A.1 Site Domestic water, Fire Distribution LSQ LS 1

14 333100.1.4.B.1 Complete Sewer System, Septic Tanks, Leach Fields, Manholes, Distribution LSQ LS 1

15 310000.1.4.A.3 Parking Gravel Paving DQ SY 2423

16 DWG C8.01 Parking curb stops - installed AQ EA 123

17 101453.1.4.A.1 Traffic and Parking signage LSQ LS 1

18 033000.1.5.A.1

Site Concrete (everything outside of buildings) plain gray concrete, decorative concrete paving, curbs, walls, slabs, walks, trench drains, joint sealant

LSQ LS 1

19 033000.1.5.A.3 Pedestrian Bridges (concrete) AQ EA 8

20 055000.1.4.B.1

Steel Railings, Pedestrian Bridge Rail, Steel Deck Rail, Steel Pipe Entry Gates, Vehicular Drive Rails, Weathered Steel at 7 Stones Plaza, USDA Forest Service Shield signs at Pedestrian Bridges

LSQ LS 1

21 055000.1.4.B.2 Bollards AQ EA 24

22 033000.1.5.A.5 Sandblasting decorative patterns in concrete LSQ LS 1

23 044300.1.4.A.1 Flagstone paving DQ SF 615

24 044300.1.4.A.2 Stone seats at upper Amphitheater includes Boulder retaining wall and boulder seatwalls LSQ LS 1

25 033000.1.5.A.2 Vehicular drive - guardrails, retaining wall, box culvert LSQ LS 1

26 044213.1.5.A.2 Trash Enclosures, structure, gates (concrete slabs under site concrete) AQ EA 2

27 260500.1.6.C.1 Site Electrical, telecom LSQ LS 1

28 265200.1.5.A.1 Site Lighting LSQ LS 1

29 328200.1.3.E.1 Irrigation LSQ LS 1

30 329300.1.4.H.1 Planting (turfs, grasses, plants, seeds), Soil Prep LSQ LS 1

31 321243.1.3.C.1 Grasspave DQ SF 5195

32 044300.1.4.A.3 Rocks, boulders, stepping stones, Boulder wall LSQ LS 1

33 321540.1.4.A.1 Crusher Fines Paving DQ SF 85187

34 129300.1.4.B.1 Site Furnishings, Exterior Drinking Fountains LSQ LS 1

TOTAL BASE ITEMS $

OPTIONAL ITEMS

OPTIONAL

ITEM # REFERENCE DESCRIPTION METHOD

OF MEAS. UNIT QTY. PRICE TOTAL

1 321220.1.4.A.2 OPTION (ALTERNATE) 1 - Lower parking lot asphalt paving DQ SY 2416

2 033000.1.5.A.4 OPTION (ALTERNATE) 2 - Amphitheater LSQ LS 1

3 133423.1.6.D.4

OPTION (ALTERNATE) 3a - EQUESTRIAN TRAILHEAD PARKING - 2-unit vault pre-manufactured toilet building and 3 panel Kiosk

ONLY - NO ADDITIONAL PARKING AREA

LSQ LS 1

N/A

OPTION (ALTERNATE) 3B- EQUESTRIAN

TRAILHEAD PARKING PAVING - NOT USED

FOR REFERENCE PURPOSES ONLY

N/A N/A N/A XXXXXX XXXXXXX

4 033000.1.5.A.5 OPTION (ALTERNATE) 4 - East Entrance Gateway LSQ LS 1

329700.1.6.C.1 OPTION (ALTERNATE) 5 - Landscape and irrigation maintenance contract - NOT USED

FOR REFERENCE PURPOSES ONLY

N/A N/A N/A XXXXXX XXXXXXX

5 133423.1.6.D.5

OPTION (ALTERNATE) 6 - Prefabricated Single-User Restroom with Mechanical/Storage (2 Unit Flush Toilet at Valley Trail) including associated utilities and lift station

LSQ LS 1

TOTAL OPTIONAL ITEMS

TOTAL BASE ITEMS + OPTIONAL

ITEMS

B- 2 Payment for Bond Premiums

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

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 SCOPE OF CONTRACT

A. Work for this project consists of Spring Mountain Visitor Gateway Center –The Center will be the gateway facility for visitors coming to the Spring Mountains National Recreation Area. The project will include extensive finish site-work of a reclaimed and terraced upper plaza from an abandoned golf course site (approximately 30 acres) to include the construction of utilities, parking lots, trails, landscaping, picnic areas, educational nodes, interpretation areas, amphitheater, an 800 square foot educational building, and a 4,500 square foot visitor center. The visitor center will have dedicated interpretation areas and retail sales space.

C-2 LOCATION

A. This project is located on Highway 157 at MP 5.1 near Mt. Charleston, NV inside the Spring Mountains National Recreation Area a part of the Humboldt-Toiyabe National Forest.

C-3 GENERAL SITE CONDITIONS AND WEATHER

A. The elevation of the site is approximately 6500 feet above mean sea level. The construction site experiences heavy snowfall and extremely cold temperatures, with snow on the ground typically from mid-December through March. Summer temperatures can exceed 90 degrees with large night-time temperature swings.

B. In-depth soil surveys have been performed and the soil investigation reports are included in these specifications. The site is largely comprised of compacted gravel overlaid with Golf Course construction debris. No heavy rocks were encountered during investigation therefore no blasting is expected.

C. In-depth water table surveys have not been performed; however no water was discovered during soil boring and no water table issues are expected.

C-4 USE OF PREMISES

A. General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited only by the Government's right to perform work or to retain other contractors on portions of Project.

B. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and employees traveling on Highway 157. Highway 157 closures will only be permitted if approved with the Contractor’s Traffic Control Plan by the Nevada Department of Transportation and the Contracting Officer.

Confine storage of materials to areas as approved by the CO.

C. Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. Contractor shall minimize disturbance of all undisturbed areas.

D. Preservation of Natural Features: Confines all operations to work limits of the project. Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged trees and plants, at no additional expense to the Government.

1. Provide temporary barriers to protect existing trees and plants and root zones.

2. Do not remove, injure, or destroy trees or other plants without prior approval.

3. Consult with CO and remove agreed-on roots and branches that interfere with construction.

4. Do not fasten ropes, cables, or guys to existing trees.

5. Carefully supervise excavating, grading, filling, and other construction operations near trees to prevent damage.

E. Existing Utilities: Notify CO and utility companies of proposed locations and times for excavation.

1. Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, the Contractor shall repair utility at no additional expense to the Government.

2. Interruption of Existing Utility Service: Notify CO, 48 hours in advance of any interruption of existing utilities.

3. Water is available at the project site as shown on the plans (6” water line stubbed under Highway 157).

4. Electrical service is available but the contractor shall make all necessary provisions and arrangements with Nevada Energy for temporary and permanent power as no provision has been made to energize any temporary or permanent equipment by the Government.

5. There is no telephone service available for contractor use. All temporary phone lines must be established by the contractor for his own use.

6. There is no sewer available on the project site. All construction related waste must be stored and removed as a part of this contract.

F. The Contractor is responsible for the security of the Contractor’s equipment and materials.

G. No fuel storage on site is permitted. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.

H. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work.

Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site.

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

J. The project site is available for staging, operations and storage of materials. No approval is needed for this purpose. The Contractor shall not store/stage/utilize areas outside the project area without prior approval of the CO.

C-5 MEALS AND LODGING

A. Meals and lodging are commercially available in Mt. Charleston, Mt. Charleston Resort or in the City of Las Vegas within 30 miles of the construction site. Meals or lodging will not be available at Forest Service facilities.

C-6 CAMPING

A. With approval by the Spring Mountains National Recreation Area, Area Manager, one fully contained recreation vehicle may be used by the Contractor at the site for security.

C-7 CONTRACTOR FURNISHED OFFICE FOR GOVERNMENT USE

A. The contractor shall provide, as a part of their temporary facilities an office for use by the Government during the entire project. This office shall have the following at a minimum:

1. 400 square feet of space

2. Securable, separate entrance from the contractor’s office or facilities

3. Window facing the project site (and operable)

4. Heat adequate to provide 70 degree room temperature in the winter

5. Lighting adequate to review/read plans

6. Plan table

7. Desk

8. Chair

9. Two drawer file cabinet

10. Power adequate for computers and printers

C-8 CONSTRUCTION SEQUENCE AND SCHEDULE

A. The Period of performance is 605 calendar days beginning with Notice to Proceed. There will be no provision for a winter shutdown. Optional bid item award will not increase the period of performance.

B. Anticipated start date is Mid-May 2013.

C. Bird Surveys will be conducted prior to May 20th of each year. If there are migratory birds discovered nesting in the area the project the site will be shut down for outside construction between May 21st and July 20th.

D. No site operations may be conducted by artificial light during nighttime (dark) hours except for inside the building after it is enclosed.

E. Depending on conditions, normal fire restrictions may apply to activities associated with this project.

C-9 INSPECTION OF WORKSITE

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

C-10 COORDINATION

A. INTERPRETIVE ELEMENTS - The prospective contractor will be required to construct interpretive elements and project specific art on the Building site and they will coordinate with interpretive designers and artists and interpretive fabricators in this project.

B. FEDERAL HIGHWAYS -ROUNDABOUTS – The contractor will have to coordinate site access with Federal Highways who will be contracting the construction of the East and West roundabouts during the summer of 2013. Their work will also include lane widening and geometric features. The existing site access, under the Federal Highway project, will be eliminated and access provided at the designed East roundabout.

C. WATER SYSTEM – The Forest Service will be contracting for the construction of the water system that will serve the project site. This system contract will be awarded in the winter of 2012/2013 and is expected to be completed prior to award of this contract. However, it is possible that delays could occur (such as winter delays) requiring the contractor coordinate activities with the construction of the water line on the North side of Highway 157.

D. WEST HIGHWAY ACCESS – The west Highway access (roundabout) is currently on private land ownership before it turns East and enters Forest Service property. Federal Highways will be acquiring

ROW for this roundabout but the Contractor must assume that the ROW has not been fully acquired and must coordinate with the land owner, Stan Zurawski @ 702-369-0500.

E. WEST EXISTING LEACH FIELD – The existing leach field shown on the project plans does not belong to the Forest Service but is there by permit for use by Mt. Charleston Resort @ 702-872-5500. The project is designed not to interfere with the function or use of this leach field. Any coordination necessary must be done directly with the Resort.

C-11 PERMITS

A. Special permits include but are not limited to: NDOT-ROW, Dust Control (Clark County), General Storm Water permit for construction (NDEP), National Pollution Discharge Elimination System (NPDES – through NDEP), Commercial Septic Permit (NDEP), Water System (NDEP – bureau of safe drinking water), Utility Companies (NV Energy, Century Link) or any other permits required by County, State, or Federal laws or regulations shall be obtained by the Contractor..

C-12 SITE VISIT

A. A site visit will be conducted on February 13, 2013. No addistional site visits are planned for this project. For further information, please contact John Harris at 702-839-5570. (See Section L, FAR clause 52.236-27).

C-13 GOVERNMENT FURNISHED PROPERTY

A. If Government Furnished Property (GFP) is provided, GFP shall be handled in accordance with FAR Clause 52.245-1.

B. The Government will deliver the following items to the Contractor at the assigned work location:

• Finished redwood material for the information desk.

C-14 GENERAL SPECIFICATIONS

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

C-15 DRAWINGS

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

SECTION D – PACKAGING AND MARKING

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.211-13 Time Extensions (Sept 2000) 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 605 calendar day after notice to proceed is issued. The time stated for completion shall include final cleanup of the premises.

F-3 52.211-12 -- Liquidated Damages -- Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,889 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer:

Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-2 AGAR - 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

( c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243- 4.

H-3 Incidental Payment Items

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

H-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 compliance with reasonable and customary manufacturing and construction tolerances.

H-5 Samples, Tests, Cited Specifications

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

H-6 Barricades, Warning Signs, and Other

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

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

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

H-7 Weed-Free Equipment

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

The following is considered proof of weed-free equipment:

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

All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

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

H-8 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-9 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. In addition, at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-10 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 geotechnical reports and survey data. All information should be made available through routine download formats. Physical Data: 2005 Middle Kyle Canyon Project Final Survey Report by Santec.

(b) Weather conditions: None.

(c) Transportation facilities: None.

(d) Other: None.

(End of Clause)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN

1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-7 Central Contractor Registration (DEC 2012) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.210-1 Market Research (APR 2011) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) (15%) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (JULY 2005) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 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) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (JUL 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts

(JUL 2012)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments under Fixed-Price Construction Contracts (SEPT 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering--Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or https://www.acquisition.gov/

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I-3 FAR 52.228-1 Bid Guarantee (SEPT 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I-4 AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA, Forest Service.

I-5 AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I-6 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 Contract, shall not cover any amount therefore not included in the contract price.

I-7 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION): after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

I-8 Order of Precedence - Construction

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

(a) The Schedule (excluding the Specifications) (Sections A-H).

(b) The representations and other instructions (Sections K and L).

(c) Contract clauses (Section I).

(d) Special Project Specifications.

(e) General Specifications.

(f) Drawings and Exhibits (Section J).

I-9 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS (Alternate 1 (Feb 2012))

(a) This award is subject to the provisions contained in 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 –

(1) 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

(2) 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.

(b) 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, amended and/or subsequently enacted.

(End of Clause)

I-10 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2012)

(a) Definitions. As used in this clause--

“Caribbean Basin country construction material” means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.