Union_Creek_Trailhead_Construction_RFP.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05GG-S-14-0036

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/7/2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

698579

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Okanogan-Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801

ATTN: CONTRACTING

Okanogan-Wenatchee NF 215 Melody Lane Wenatchee, WA 98801

9. FOR INFORMATION

CALL:

A. NAME

Mariah Morris, Contracting Officer

Larry Miller, COR

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

509-664-9317

509-653-1424

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):

RFP AG-05GG-S-14-0036

Union Creek Trailhead

Naches Ranger District

Yakima County

Price Range: The Government's estimate is between $100,000 and $250,000.

DUNS __________________________

TIN ____________________________

EMAIL _________________________

11. The Contractor shall begin performance within 10 calendar days and complete all work by October 8, 2014.

award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 7 by 4:30 PM local time 08/06/2014 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than _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)

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

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY

THROUGH THE INVOICE PROCESSING PLATFORM (IPP) WWW.IPP.GOV

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Union Creek Trailhead

Naches Ranger District

Okanogan-Wenatchee National Forest

Yakima County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO. DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization LS

1.00

20105 Clearing and Grubbing, Disposal of Tops and Limbs j, Logs j, Stumps j LS

20304 Removal of Asphalt Roadway LS

20499A Roadway Excavation, Compaction Method B, Finishing Method A LS

20401 Embankment Construction, Compaction Method B, Finishing Methord A CY

70.00

20407 Select Borrow, Compaction Method B, Finishing Method A CY

70.00

30101 Aggregate Courses, Road Base, 1-1/2" Minus Gradation F, Compaction B TON

360.00

40401 Minor Hot Mix Asphalt TON

195.00

62201 Equipment Rental - Backhoe, 80 hp minimum HR

8.00

63002 Sign Installation - Bulletin board EA

2.00

63003 Rock Barriers EA

20.00

63406 Pavement Marking, Type K LS

63501 Temporary Traffic Control LS

TOTAL BASE ITEMS $

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

OPTION ITEMS

63001 Sign Installation - Masonry Base EA

63004 Picnic Tables EA

63005 Fire Grills EA

63006 Bicycle Rack EA

TOTAL OPTIONAL ITEMS $

TOTAL BASE PLUS OPTIONAL ITEMS $

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. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B-3 NOTE: Hourly payment shall be for Item identified as Pay Unit – Hour only, Item 62201. Hourly rate is considered a loaded rate to include all mobilization, necessary personnel/crews, material, equipment, services, facilities, transportation, fringe benefits, overhead etc. to perform per contract requirements. The ceiling price for hourly line item 62201 is $3,000. Time for line item 62201 shall start at the project site when equipment starts working, and end at the project site when equipment is shut off. Payment for hourly line items shall only be processed when equipment is running with operator, working at project site and operational (not broken down). Fueling of equipment shall be done off shift and shall not be included as payment under hourly line items. Supervision of project is not reimbursable under hourly line items and is considered incidental to hourly pay items. Any mobilization of equipment from home unit to project site shall be factored into and paid under line item 15101, Mobilization.

B-4 NOTE: Option Item(s) will be evaluated and considered at the time of award. See Section M for additional information on the Evaluation of Options. Option Item(s) shall be awarded based on the availability of funding.

Issuance of Option Item(s) will occur no later than 30 days after contract award, or before Notice to Proceed is issued for base item work. One Option Item, some Option Items or no Options Items may be awarded based on availability of funding.

No award shall be made to a Contractor not registered in the System for Award Management

(www.sam.gov) database. (Section I)(Previously CCR)

Contract award with a value of $100,000 or more, the Contractor must also be registered with VETS-100

(https://vets100.vets.dol.gov/). (Section K) https://vets100.vets.dol.gov/

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

Project includes minor tree clearing, removal of wood bulletin board, removal of existing asphalt, reconstruction of enlarged parking area with minor excavation, embankment and borrow placement, new asphalt paving for road and parking plus additional aggregate parking area, finish grading around CXT toilet building (installed by others) with asphalt pad placed to access toilet plus installation of masonry base entrance sign, bulletin boards, directional signs, picnic tables, fire grills, bicycle rack and rock barriers.

C.2 Project Location

Union Creek Trailhead - The project is approximately 58 miles north of Yakima, WA along Highway 12 and

Highway 410. From Yakima, WA travel north via Highway 12 for approximately 16 miles. Keep straight at the junction with State Route 410 and continue for approximately 42 miles to the Union Creek Trailhead site on the right (approximately 5 miles past the U. S. Forest Service Hell’s Crossing Campground sign).

C.3 Terminology

The term “Engineer”, when used in the contract documents, shall refer to the Contracting Officer’s

Representative (COR)

The term “Owner”, when used in the contract documents, shall refer to the Federal Government (U.S. Forest

Service)

C.4 Performance Period

It is anticipated that this contract will be awarded by August 15, 2014. Work is to be completed within the following period: August 15, 2014 to October 8, 2014. The estimated duration of the project is approximately

60 days.

C.5 Project Control

Contractor shall submit a proposed work plan, prior to beginning construction, for approval by the

Contracting Officer, 60 calendar days have been allowed for the contract.

The Union Creek Trailhead Site shall be closed to all public traffic (foot, stock and vehicle) during weekdays for onsite construction. The contractor shall have available and place road closure devices at the jobsite entry location with signs showing ‘Road Closed’ with times of weekend access posted.

The entrance road shall be blocked by barricades during weekends to prohibit vehicle traffic but public foot or horse traffic to the trail access points shall be allowed between the hours of 5:00 pm Friday thru

8:00 pm Sunday.

Contractor shall place safety cones AS SHOWN ON THE PLANS along the road shoulder adjacent to the turnout during all work operations and is allowed to park equipment as needed in the turnout.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

Post construction signs and traffic control devices in conformance with MUTCD. Special care is required whenever construction vehicles have the potential to obstruct highway traffic. Posted speed limit is 50 mph.

All required signs will be in place and approved prior to beginning work on project.

Contractor is responsible for protecting workers from injury. Refer to FAR 52.236-13, Accident

Prevention, for full text.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract.

Unless otherwise agreed, to prevent the introduction of seeds of noxious weeds onto National Forest land, Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegatative matter or other debris that could contain or hold seeds. Contractor shall employ whatever cleaning methods necessary to insure compliance with this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forest land. Upon request of Forest Service, arrangements will be made for Forest Service to inspect each piece of equipment prior to being moved onto National Forest land.

C.6 Technical Specifications

References to Standard Specifications in the contract refer to the U.S. Department of Transportation, “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects: FP-03

U.S. Customary Units,” hereafter refered to as FP-03, and are included by reference. The requirements contained in Section 101 through 158 are hereby made a part of this solicitation and any resultant contract.

Supplemental Specifications that amend FP-03 are given on the Supplemental List but are physically attached in Section J. The attachments to the Statement of Work and the Supplemental Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

Offerors can access the FP-03 specifications from the website below:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

C.7 Attachement to Statement of Work/Specifications

U.S. Department of Transportation, “Standard Specifications for Construction of Roads and Bridges on

Federal Highway Projects: FP-03 U.S. Customary Units,” hereafter refered to as FP-03, are included by reference. The requirements contained in Section 101 through 158 are hereby made a part of this solicitation and any resultant contract. Special Project Specifications (SPS) that amend FP-03 can be found in this contract.

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

WSDOT Standard Specifications for Road, Bridge and Municipal Construction are hereby made a part of this solicitation and any resultant contract.

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

C.8 Product Substitution

Any modification of other items, designs, materials, products or equipment made necessary because of a substitution , will be the responsibility of the Contractor without adjustment in contract price or time.

The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

C.9 Biobased Products

The Contractor must comply with Section 9002 of the Farm Security and Rural

Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal

Environmental, Energy, and Transportation Management,” and the Federal Acquisition

Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulating foam

Concrete and asphalt release fluids Fluid-filled transformers

Wood and concrete sealers Composite panels

Adhesive and mastic removers Carpets

Roof coatings Hydraulic fluid

Water tank coatings

Biobased products that are designated for preferred procurement under USDA’s

BioPreferred program must meet the required minimum biobased content as stated in the

USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material

(i.e. particular carpet).

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product

Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION D--PACKAGING AND MARKING

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

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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

52.246-6 Inspection—Time-and-Material and Labor-Hour (MAY 2001) (Item 62201 only)

52.246-12 Inspection of Construction (AUG 1996)

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

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

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

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

Supplemental Specifications.

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the

Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

http://www.arnet.gov/far/

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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/

52.242-14 Suspension of Work (APR 1984)

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)(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 October 8, 2014. The time stated for completion shall include final cleanup of the premises.

F.3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to 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 as suspensions for the Convenience of the Government under FAR 52.242-

14, Suspension of Work, and shall not qualify for an equitable adjustment.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 WA Use Tax Clause for Construction Contracts: The Contractor is liable for Use Tax, in accordance with State of Washington Code 458-20-173, Sub-paragraph (8), which states: “Thus the use tax applies to all property provided by the federal Government to the Contractor for installation or inclusion in the contract work as well as to all Government provided tooling”.

G.2 Supplemental Definitions: Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

F. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer.

The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this

Section or in a letter of designation issued by the Contracting Officer.

G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

J. Inspector - The person(s) appointed in writing by the Contracting Officer’s Representative to conduct and document inspections according to contract specifications and provisions. The inspector’s authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance.

K. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

L. Materials - Any substances for use in the construction of the project and its appurtenances.

M. Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

N. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

O. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

P. Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Q. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to

Standard Specifications.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

R. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

S. Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

T. Utility Services - Are services such as electricity, gas, steam, water and sewage.

U. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G.3 Designation of Contracting Officer's Representative:

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. The name will be on the purchase order or designated in a letter/form.

B. The Contracting Officer’s Representative 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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. 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 assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. 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 Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s

Representative. If the Contracting Officer’s Representative 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.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest

Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

G. 4 Notification of Subcontracting: The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. 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.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime 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 Pre-Work Conference: The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

G.7 Government Furnished Property:

The Government will provide the following item(s) of Government property to the Contractor with in accordance with provisions of the ‘Government Property” FAR clause contained elsewhere in the contract.

Contractor shall be responsible for all loading, transporting of the following material to be furnished or made available to the contractor unless otherwise designated.

Property to be Furnished Delivery Point Time of Delivery

Concrete Toilets Project Site August 15, 2014

Steel table supports Naches Roads Dept. storage yard August 8, 2014

Fee box Project site available

Signboards, Plaques and

Shields-for entry sign

Naches Ranger Station office August 25, 2014

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

A. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by observations and measurements.

B. Weather conditions: Typical North Central Washington

H.2 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 tolerance.

H.3 Warning Signs and Restrictions: Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

H.4 Traffic Control: The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. 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 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. Any road closures shall be limited to 30 minutes or as approved by CO.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings.

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

H.5 Emergency Control:

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.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

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' 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 form 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 Change clause, or under an Emergency Equipment Rental Agreement. Payment will be made at not less then the current area rates established by the Government. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area are obtained.

NOTE: See Fire Plan Requirements referenced in Section J.

H.6 Legal Relations and Responsibilities: Contractor's Responsibility for Utilities - In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

H.7 Job Specific Safety Plan: Prior to the prework meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: fall protection, heavy equipment operation, permitted confine space entry, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

H.8 Accident Prevention: 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. A Safety Plan will be requested before starting work.

H.9 Storage of Materials and Equipment: Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

H.10 Landscape Preservation and Hazardous Materials:

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

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

B. Operation 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.).

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. 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.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting

Officer.

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project

Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of

660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H.11 Use of Premises:

A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of

Government business.

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

H.12 Use of Roads By Contractor: The Contractor is authorized to use all roads under the jurisdiction of the

Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep all non-project roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Contractor shall prevent access to motorized traffic on roads while contract work is in progress. The Contractor shall provide any necessary warning signs and/or other devices complying

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036 with National Standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD).

The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR

261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H.13 Washing of Equipment: Pollutants such as fuels, lubricants, bitumen, 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land.

Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

H.14 Product Substitution, Shop Drawings and Material Certification: Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government-Furnished

Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the

Contractor’s responsibility for such modification. All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H.15 Payments for Incidental 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 incidental to and included in the payment for items shown.

H.16 Costing of Claims or Modifications: The cost principles and procedures in Subpart 31.2 of the Federal

Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs can be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from

“The Construction Equipment Ownership and Operating Expense Schedule”, U.S. Army Corps of Engineers

Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being priced, or of similar equipment. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

H.17 Hazardous Materials: Contractor shall notify the Government of any hazardous materials and or waste

(as defined in 29 CFR 1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDS's) for

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036 those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

If Contractor maintains storage facilities for oil or oil products in the contract area, Contractor shall take appropriate preventive measures to insure that any releases of such oil or oil products does not enter any stream or other waters, or ground of the United States, or any of the individual States and shall conform to Federal, State, and Local regulations.

If the total oil or oil products storage exceeds 1,320 gallons, or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall immediately take action to notify appropriate agencies including Contracting Officer, or designated representative, contain, and cleanup without expense to the Government, all petroleum products or other hazardous substance (as defined in 29 CFR 1910.120) releases on/or in the vicinity of the project of construction operations. Contractor shall be held liable for all damages and costs of additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and cleanup of petroleum products releases caused by Contractor’s employees or resulting from construction operations.

All petroleum products or other hazardous substances shall not be released on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by Contracting Officer or designated representative. Contractor shall properly dispose of vehicle oil filters (drained of free-flowing oil), oily rags, and waste oil in accordance with

Local, State, and Federal regulations off of Government property and shall transport such material in accordance with State and Federal regulations.

H.18 Construction Stakes, Lines and Grades:

A. Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing control points, centerlines and/or shoulders for road and parking lot and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

B. These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

C. The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Construction RFP Union Creek Trailhead AG-05GG-S-14-0036

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):

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

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

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

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation,…