Title_II_Road_Stabilization_SERVICE_RFQ_Solicitation.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 39

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

AG-05GG-S-17-0009 3/28/2017 846131

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) Okanogan-Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801

See Section F

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Mariah Morris, Contract Specialist Marge Hutchinson, Engineer/COR

664-9317 653-1430

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

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 12, 2017, 4:30 pm 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)

USDA Forest Service

Naches Ranger District

Title II Road Stabilization

TIN: _________________

DUNS: _______________

EMAIL: _______________

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

12. DISCOUN 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)

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Service RFQ

PART I—THE SCHEDULE

SCHEDULE OF ITEMS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Naches Ranger District

Yakima and Kittitas Counties

B.1 - SCHEDULE OF ITEMS

Pay Pay Meas. Estimated Unit Item

Item Item Description Unit Method Quantity Price Cost

Base Bid Items

881(1) Mobilization Lump Sum CQ 1

811(3) Surface Maintenance level 3 roads Single

Lane Mile

CQ

811(5) Surface Maintenance level 2 roads Single

Lane Mile

CQ

27.86

833(11) Install Drivable Dip Each AQ 56

834(5) Clean Ditches and Drainage Structures Mile CQ 48.12

842(2) Vegetation Maintenance Level 3 Roads Mile CQ 25.49

851(6) Hazard or Obstruction Removal Each CQ 21

TOTAL BASE

Option Item 1 – Road 1916000

881 Mobilization Lump Sum CQ 1

811(5) Surface Maintenance level 2 roads Single

Lane Mile

CQ

2.54

813(1)a Spot Surfacing, gradation ¼” minus aggregate Cubic Yard

CQ

813(1)b Spot surfacing, borrow Cubic Yard CQ 10

833(11) Install Driveable Dip Each AQ 4

834(5) Clean Ditches and Drainage Structures Mile CQ 2.54

842(2) Vegetation Maintenance Level 2 Roads Mile CQ 2.54

851(6) Hazard or Obstruction Removal Each CQ 5

TOTAL

OPTION 1

Pay Pay Meas. Estimated Unit Item

Item Item Description Unit Method Quantity Price Cost

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Option Item 2 - 1917000

811(5) Surface Maintenance level 2 roads Single

Lane Mile

CQ

1.34

833(11) Install Driveable Dip Each AQ 1

834(5) Clean Ditches and Drainage Structures Mile CQ 1.34

842(2) Vegetation Maintenance Level 2 Roads Mile CQ 1.34

851(6) Hazard or Obstruction Removal Each CQ 5

861(11) Construct rock/earth barrier Each AQ 1

OPTION 2

Option Item 3 - 1961000

811(5) Surface Maintenance level 2 roads Single

Lane Mile

CQ

3.18

833(11) Install Driveable Dip Each AQ 6

834(5) Clean Ditches and Drainage Structures Mile CQ 3.18

842(2) Vegetation Maintenance Level 2 Roads Mile CQ 3.18

851(6) Hazard or Obstruction Removal Each CQ 1

OPTION 3

TOTAL BASE &

ALL OPTIONS

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 881(1) Mobilization.

B.3 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/).

https://vets100.vets.dol.gov/

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The U.S. Forest Service, Okanogan-Wenatchee National Forest servicing Region 6 has a requirement for storm proofing and road surface, vegetation, and drainage maintenance on forest roads. Refer to vicinity map for road locations.

The project is located on the Naches Ranger District. Work will consist of road surface maintenance, drainage maintenance, and vegetation brushing. Other work included is hazard or obstruction removal, construction or rehab of drivable dips, culvert cleaning, and spot surfacing.

Roads requiring maintenance are varied maintenance levels, both single and double lane roadways. All roads are accessible to typical road construction equipment.

The contract standards will be the FS performance based maintenance standards which allow a certain number of deviations per unit of length. The contractor will be required to meet these standards with all work.

Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, incidental supplies necessary to perform all work described in accordance with drawings and specifications of the contract. Contractor will be paid for actual work performed.

The Contractor shall utilize products and materials that promote energy conservation, pollution prevention, waste reduction, use of recovered materials, that are environmentally preferable, and are made from bio based materials (e.g. insulating foam, composite panels, concrete with fly ash, wood and concrete sealers) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract. The Contracting Officer may adjust the work limits based on existing conditions and funding requirements as need. It is the intent of the project to provide a finished product of finished roads and adequate drainage for erosion prevention. An extensive list of roads is provided in this package. Work shall be selected from this list of roads according to funding and need. Extent of maintenance may vary by location, use, and existing materials.

Award will be made in sufficient time for planning and preparation with on-site work to start on or after June 1, 2017. Contractor will have 90 days from Notice to Proceed to complete all required work. There is no in-water work.

C.2 LOCATION AND DESCRIPTION

The Project sites are located on Forest Service Roads as listed:

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TITLE 2 ROAD STABILIZATION ROAD LIST

ROAD LISTING – NACHES RANGER DISTRICT

Road # NAME BMP EMP SEG_LENGTH SURFACE TYPE

1900000 Little Naches 14.5 17.9 3.4 Aggregate/Native

1901000 Quartz Creek 0 6.3 6.3 Aggregate

1902000 Raven’s Roost 0 14.3 14.3 Aggregate

1904000 South Jungle 0 2.03 2.03 Aggregate/Native

1911000 Bear Creek 0 3.08 3.08 Aggregate

1912000 County Creek 0 2.93 2.93 Aggregate

1914000 Pyramid East 0 5.26 5.26 Aggregate/Native

1920000 Fifes Ridge 0 10.1 10.1 Aggregate

1921000 New Roost 0 5.34 5.34 Aggregate

1922000 Crow Creek 0 5.48 5.48 Aggregate

1916000 Upper Quartz (Option 1) 0 2.54 2.54 Aggregate

1917000 Windfall (Option 2) 0 1.34 1.34 Aggregate

1961000 Alder Creek (Option 3) 0 3.18 3.18 Aggregate

C.3 PROJECT CONTROL

Work is estimated to begin June 1, 2017. Contractor has 90 days to complete work after Notice to Proceed is issued.

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 equipment, materials, or supplies stored on-site during performance of this contract.

C.4 TERMINOLOGY

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

Officer’s Representative (COR)

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The term “Owner”, when used in the contract documents, shall refer to the Federal Government

(U.S. Forest Service)

C.5 EXISTING CONDITIONS

Contractor shall verify all existing dimensions and conditions before proceeding with the work.

All dimensions must be verified and/or determined in the field. Protect all improvements including existing culverts and roadway from damage during construction.

C.6 LANDSCAPE PRESERVATION

All heavy equipment shall be cleaned and thoroughly inspected prior to mobilization to the work site. Once on site all equipment shall be inspected daily and all visible oil, grease, and hydraulic fluid will be removed. Needed repairs will be implemented immediately before resuming work.

All machinery shall be refueled outside of the riparian reserve area. If refueling does occur within the riparian reserve area, spill control measures shall be installed around the machinery prior to refueling operations.

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.7 APPLICABLE SPECIFICATIONS (ROAD PROJECTS)

The Forest Service maintenance specifications are attached. All specifications listed are applicable to this contract.

C.8 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.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.

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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.

Hydraulic fluids Penetrating lubricants

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish

Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain removers

Degreasers De-icers

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

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.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

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.

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SECTION D--PACKAGING AND MARKING

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

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SECTION E--INSPECTION AND ACCEPTANCE

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

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

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

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SECTION F--DELIVERIES OR PERFORMANCE

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

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

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 15 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 90 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Work is estimated to begin June 1, 2017.

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SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror(s) is required. It will be scheduled and held at a time agreed upon by contractor and Government after the date of contract award. The conference will be held at a location determined after contract award.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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.3 INVOICE PROCESSING PLATFORM (IPP)

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and

Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

If assistance is needed with IPP registration please contact IPP Customer Support at (866) 973-

3131.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

Data and information furnished or referred to below is for the Contractor’s information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

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

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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.

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

AG-05GG-S-17-0009 Page 14 of 39 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.

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.

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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. The Contractor shall provide any necessary warning signs and/or other devices complying 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.

(c) The Contractor shall be authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

(d) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules

AG-05GG-S-17-0009 Page 16 of 39 document. Authorization to use such additional roads may include maintenance requirements and use limitations.

(e) The roads authorized for use will be subject to the following provisions.

1. The Okanogan-Wenatchee National Forest Road Rules are applicable to all commercial road users. These documents are available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State, County, and Local laws govern traffic rules and equipment requirements on State and

County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest

Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over width permits. Forest Service overload permits for this project may be obtained from the District Ranger.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under

36 CFR 261.50. These regulations authorize the Forest Service, as a sovereign act, to issue additional restrictions and closures as conditions warrant. Such closures will be in addition to those shown in the current Road 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

AG-05GG-S-17-0009 Page 17 of 39 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 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

AG-05GG-S-17-0009 Page 18 of 39 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 Archaeological or Historical Site

If a previously unidentified archaeological or historical site(s)is encountered, the contractor shall discontinue work in the general area of the site(s) and notify the contracting officer immediately.

H.19 Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the Contractor at Contractor's expense.

H.20 Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads listed in the contract in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

AG-05GG-S-17-0009 Page 19 of 39

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H.21 Control of Material

Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The

Government assumes responsibility for the quality and quantity of material in the source. The

Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause

52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the

AG-05GG-S-17-0009 Page 20 of 39 placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

AG-05GG-S-17-0009 Page 21 of 39

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):

http://www.dm.usda.gov/procurement/policy/agar.html

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2016)

52.204-13 System for Award Management Maintenance (OCT 2016)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applicable if contract exceeds $35,000)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

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

52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016) (Applicable if contract exceeds $10,000)

52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) (Applicable if contract exceeds $15,000)

52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-50 Combating Trafficking in Persons (MAR 2015)

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

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

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

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-16 Progress Payments (APR 2012)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JAN 2017)

AG-05GG-S-17-0009 Page 22 of 39

52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(JULY 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

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

52.233-1 Disputes (MAY 2014)

52.233-3 Protest After Award (AUG 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (JAN 2017)

52.245-9 Use and Charges (APR 2012)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

52.249-4 Termination for Convenience of the Government (Services) (Short From)

(APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

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

(OCT 1997)

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

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.3 52.217-7 Option for Increased Quantity—Separately Priced Line Item

As prescribed in 17.208(e), insert a clause substantially the same as the following:

OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor no later than 30 days after contract award, or before Notice to Proceed is issued for base item work. Delivery of added items shall http://www.acquisition.gov/far/current/html/Subpart%2017_2.html#wp1078175

AG-05GG-S-17-0009 Page 23 of 39 continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

I.4 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the

Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

___GS-9______ ____$23.85 to $31 an hour plus fringe_

I.5 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7

CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

http://uscode.house.gov/ http://uscode.house.gov/

AG-05GG-S-17-0009 Page 24 of 39

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I.6 FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the

Government. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed.