Solicitation.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 65

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-04GG-S-09-0007 03/18/09 258640 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

DESCHUTES NATIONAL FOREST, 1001 SW EMKAY DR, BEND, OR 97702

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

MARIA D. GONZALEZ, CONTRACT

SPECIALIST

AREA CODE NUMBER 9. DESTINATION

541 383-5547 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (COB)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

APRIL 13, 2009 C.O.B. 4:30PM

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

DESCHUTES NATIONAL FOREST – CRESCENT

RANGER DISTRICT

CRESCENT PARKING LOT REPLACEMENT/

PAVING

SEE ATTACHED SCHEDULE OF ITEMS

Note: the attached drawings in Section J are intended to be printed on 11 x 17 paper.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Solicitation No. AG-04GG-S-09-0007 Unit – Crescent Ranger District Project - Pavement Replacement

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Cascade Lakes Sign Bases

Klamath County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

L.S. ALL

20102

Clearing and grubbing

20305 Disposal of Material

30801

Parking excavation, compaction method 1

C.Y.

40401 Minor hot asphalt concrete

Ton 119

41409

Crack cleaning and sealing

L.F. 500

60909

Wheelstop

6 100

63406

Pavement markings type A

Total Amount $____________

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. (See Section I Payment Bond information and Section M for Evaluation for Award).

RETURN THE ATTACHED SF-18 OFFERORS QUOTATION PACKET

AND CONTRACTOR PERFORMANCE DATA SHEET (SECTION J)

WITH YOUR QUOTE TO:

Deschutes National Forest Attn: Maria D.Gonzalez, Contracting Officer 1001 SW Emkay Dr.

Bend, OR 97702 Quotes may be faxed to: (541) 383-5544

Solicitation No. AG-04GG-S-09-0007 Unit: CRESCENT RANGER DISTRICT Project: PAVEMENT REPLACEMENT

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C-1 DESCRIPTION OF WORK

This project is located in the community of Crescent in Klamath County, Oregon. The project consists of removing existing pavement and repaving the visitor parking lot at the Crescent Ranger District office and sealing cracks in the employee/government vehicle parking lot. Major work items include removing existing asphalt, placing crushed aggregate and new hot mix asphalt, striping, and crack sealing.

C-2 PROJECT LOCATION

This project is located on the Deschutes National Forest. To reach the project site, travel from Bend, Oregon, south on U.S. Highway 97 for approximately 50 miles to the Crescent Ranger District Office.

C-3 Price Range

The Government's estimate is:

between $25,000 and $100,000.

C-4 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

C-5 AGAR 452.211-73 Attachments to Statement of Work/Specifications

(FEB 1988)

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

C-6 MAINTENANCE FOR TRAFFIC

(a) Work which interferes or conflicts with traffic, shall NOT be performed until a plan for the satisfactory handling of traffic has been submitted by the contractor and approved by the Contracting Officer.

(b) Prior to any suspension of work, the contractor shall take such precautions as may be necessary to prevent damage to the project, such as temporary detours, barricades, approaches, crossings or intersections.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-6 MAINTENANCE FOR TRAFFIC (Continued):

(c) Any maintenance attributable to use, or necessary during suspensions resulting from fault or negligence of the contractor, shall be the contractor’s responsibility.

C-7 MATERIAL SOURCE

(a) Crushed Aggregate shall be obtained from commercial sources and be certified weed-free.

C-8 Material Certifications, Testing Reports and Other Submittals

The following certifications of materials are required on this project:

Brief Title Basic Reference

Section

Detailed Requirements

Section

Number Of Copies To Submit

Time For Government

Approval After Total Submittal

Hot Asphalt Concrete Section 404 404.02 2 10 days

C-9 Submittals

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Name of Contractor, subcontractor, supplier, and manufacturer.

4. Specification section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of the submittal, verification of field measurements and compliance with contract documents.

8. Provide all submittals within 14 calendar days of the contract award unless otherwise required by the specification.

C-10 Site Visit (Construction) (FAR 52.236-27) (FEB 1995)

No site visit is planned.

SECTION C--DESCRIPTION/SPECIFICATIONS

C-11 Availability of Specifications Not Listed In The GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions (FAR

52.211-3)(AUG 1998)

The specifications cited in this solicitation may be obtained from:

Specification Address

ASTM Standards American Society of Testing and Materials

1916 Race Street Philadelphia, PA 19103

(215) 199-5462

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

C.12 Specifications and Drawings for Construction (FAR 52.236-21) (2/97)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both.

In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

C-12 Specifications and Drawings for Construction (FAR 52.236-21)(2/97) (Continued):

(c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed."

(d) Shop drawings means drawings, submitted to the Government by the

Contractor, subcontractor, any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the

Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

C-12 Specifications and Drawings for Construction (FAR 52.236-21)(2/97) (Continued):

(g) The Contractor shall submit to the Contracting Officer for approval, four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets unless otherwise indicated of shop drawings will be retained by the Contracting Officer, and one set will be returned to the Contractor.

SECTION D--PACKAGING AND MARKING

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

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

E-2 INSPECTION OF CONSTRUCTION ( FAR 52.246-12) (Aug 1996)

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

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

(c) Government inspections and tests are for the sole benefit of the

Government and do not--

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the

Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

SECTION E--INSPECTION AND ACCEPTANCE

E.2 INSPECTION OF CONSTRUCTION ( FAR 52.246-12) (Aug 1996)(Continued):

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes 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 toconform 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.

SECTION E--INSPECTION AND ACCEPTANCE

E.2 INSPECTION OF CONSTRUCTION ( FAR 52.246-12) (Aug 1996)(Continued):

(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.

Note: Inspections (quality assurance/control) shall comply with the Federal and Special Project Specification.

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 7 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 JULY 23, 2009. 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 JUNE 15, 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.

F-3 AGAR 452.211-74 Period of Performance (FEB 1988).

The period of performance of this contract is from JUNE 15, 2009 through JULY 23, 2009.

(End of Clause)

F-4 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.

The maximum workweek that will be approved is 60 HRS.

F-5 SUSPENSION OF WORK FOR OTHER THAN GOVERNMENTS

CONVENIENCE

The Contracting Officer may issue orders to suspend work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be 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 its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered under FAR 52.212-12, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTING OFFICER'S

REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract.

The contracting officer should be informed as soon as possible of any actions or inactions by the contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-2 PREWORK CONFERENCE

Before start of work, the Contracting Officer or COR will contact the Contractor to establish a date to meet and discuss contract terms, work performance requirements, and the Contractor's plan for conducting the work. The location for the meeting will be the District Ranger's Office, the Forest Supervisor's Office, or any other location agreeable to the Contracting Officer or COR.

G-3 CONTRACTOR'S REPRESENTATIVE

Before work starts, preferably at the pre-work conference, the Contractor shall designate in writing the person or persons who will represent and act for Contractor in Contractor's absence from the job. In the designation, the Contractor shall describe the areas of responsibility assigned to the representative(s).

G-4 CONTRACTOR OR REPRESENTATIVE ON THE JOB

The Contractor or authorized representative shall be on the project area where work is in progress. In the absence of the Contractor, Contractor's authorized representative shall receive orders and instructions from the COR and take such action as is required to keep the job in progress under the terms of the contract.

G-5 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer 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.

G-6 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The written notification shall include as a minimum:

(a) The name, address and telephone number of the subcontractor.

(b) The date upon which the subcontract was entered into and its duration.

(c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

(d) Documentation of the subcontractor's representative authority.

G-7 GOVERNMENT –FURNISHED PROPERTY

The Government will provide the following Government-Furnished Property item(s) to the Contractor for use in the performance of this contract. This Property shall be Used and Maintained by the Contractor in Accordance with the Provisions of “Government Property” FAR clause contained elsewhere in the Contract:

TITLE LOCATION

N/A N/A

G.8 METHOD OF MEASUREMENT AND PAYMENT

As Defined in the Specifications.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PHYSICAL DATA (FAR 52.236-4) (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 Contract.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site surveys and team field reviews, drill logs for the materials sources. All site specific information is available for review at the Supervisor's Office in Bend, Oregon.

(b) Weather conditions: Construction season is May 1 through October 15.

Normal Fire Season is April through October.

(c) Transportation facilities: All roads shown on Project Vicinity Map and

Sign Plan are available for Contractor's use for completion of the Contract.

H-2 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 6:00 a.m. and

7:00 p.m., 7 days a week, unless other hours are approved in writing by the COR. The Contractor shall conduct activities so that interference with the public and/ or Government personnel shall be kept to a minimum. All activities requiring closure to the public and/ or Government personnel shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

H-3 SAMPLES AND CERTIFICATES AGAR 452.236-76 (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-3 SAMPLES AND CERTIFICATES AGAR 452.236-76 (FEB

1988)(Continued):

Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H-4 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into the Deschutes National Forest, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the Klamath County Weed Board or by other appropriate agencies having jurisdiction.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the COR in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection. Materials to be used on the project will be delivered to the job site following the inspection. Materials to be used on the project will be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

H-5 DIFFERING SITE CONDITIONS (FAR 52.236-2) (4/84)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H-6 SITE INVESTIGATION & CONDITIONS AFFECTING THE

WORK (FAR 52.236-3) (4/84)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-6 SITE INVESTIGATION & CONDITIONS AFFECTING THE

WORK (FAR 52.236-3) (4/84)(Continued):

Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the government assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H-7 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (4/84)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.

References in the specifications to equipment, material, articles, or patented processes by trace name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work.

When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

H-7 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (4/84)(Continued):

(c) All work under this contract shall be performed in a skillful and work man like manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H-8 SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6)

(4/84)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H-9 PERMITS AND RESPONSIBILITES 52.236-7 (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall acquire a roadside operations permit from Klamath County, provide associated minimum insurance policies, and provide Certificates of Insurance acceptable to the County. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work, which may have been accepted under the contract.

H-10 OTHER CONTRACTS (FAR 52.236-8) (4/84)

The Government may undertake or award other contracts for additional work at or near the site of work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-11 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (FAR 52.236-9)

(4/84)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H-12 OPERATIONS AND STORAGE AREAS (FAR 52.236-10) (4/84)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g. storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-12 OPERATIONS AND STORAGE AREAS (FAR 52.236-10)

(4/84)(Continued):

(c) The Contractor shall, under regulations prescribed by the Contracting

Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks,the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

H-13 USE AND POSSESSION PRIOR TO COMPLETION (FAR 52.236-11)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

H-14 CLEANING UP (FAR 52.236-12) (4/84)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-15 ACCIDENT PREVENTION (FAR 52.236-13) 11/91) Alternate I (Nov

1991)

(a) The Contractor shall provide and maintain work environments and procedures which will--

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall--

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29

CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-15 ACCIDENT PREVENTION (FAR 52.236-13) 11/91) Alternate I (Nov 1991)(Continued):

If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall--

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H-16 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-16 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15)

(4/84)(Continued):

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer, may require the Contractor to increase the number of shifts, overtime operations, dates of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be

(c) Failure of the Contractor to comply with the requirements of the

Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

H-17 LAYOUT OF WORK (FAR 52.236-17) (4/84)

The Contractor shall lay out its work from Government-established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

H-18 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H-19 ARCHAEOLOGICAL OR HISTORIC SITES (USDA 452.236-73)

(2/88)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H-20 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(AGAR 452.236-74) (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels.

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 not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H-21 EMERGENCY RESPONSE (AGAR 452.236-77) (NOV 1996)

(a) Contractor's Responsibility For Fighting Fire. (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 agent 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…