AG-9AB5-S-17-0027_Solicitation_1.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

841027

USDA FOREST SERVICE

R5 SO-CAL ACQ SERVICE AREA SCASA

701 N SANTA ANITA AVE

ARCADIA CA 91006

9AB5

Vincent Chua

US Forest Service, Angeles Forest Service 701 N Santa Anita Ave.

Arcadia, California 91006

VINCENT CHUA 626-574-5326

1x 02/21/2017

AG-9AB5-S-17-0027

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

CNF Cameron Water Improvements 2017

The Contractor shall provide all labor, materials, equipment, tools, transportation, incidentals, inspection, quality control and supplies necessary but not limited to demolition, clearing and grubbing, excavation and fill, erosion control, aggregate base, portland cement concrete, sampling and testing, installation of new transmission line from the well head to the water tank, replacement of existing wireless radio controls between the well head and storage tank with a hard wired system, replacement of aging distribution piping from the water storage tank to the station garage and barracks buildings, upgrade of an existing standpipe, installation of appropriate backflow protection for future irrigation needs, installation of water quality sampling taps in distribution system, restore water service to an existing drinking fountain, and all appurtenances and incidentals for a complete water system.

The magnitude of construction is between $100,000.00 and $250,000.00

Note to Offerors:

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

03/22/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

R5 SO-CAL ACQ SERVICE AREA SCASA

701 N SANTA ANITA AVE

ARCADIA CA 91006

9AB5

VINCENT CHUA

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AB5-S-17-0027

Electronic submissions of proposals will not be accepted. Please mail hard copy proposals and bid bond to the address listed in block 8 above.

Tax Identification Number

(TIN):____________________

DUNS:____________________

E-Mail Address:____________________________

FOB: Destination

Period of Performance: 04/10/2017 to 07/10/2017

001 CNF Cameron Water Improvements 2017 Construction project.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-9AB5-S-17-0027

PART I – THE SCHEDULE

SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

CAMERON WATER IMPROVEMENTS

SCHEDULE OF ITEMS

Type Specificatio n Description Msrmt Unit Qty Unit Price Total Price

33 11 00 Water Utility Distribution JOB LS Q

1 $ $

01 71 13 Mobilization For Work Items LS 1 $ $

Total $

SECTION C-DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 Scope of Contract

This project consists of work included here, but not limited to: demolition, clearing and grubbing, excavation and fill, erosion control, aggregate base, portland cement concrete, sampling and testing, installation of new transmission line from the well head to the water tank, replacement of existing wireless radio controls between the well head and storage tank with a hard wired system, replacement of aging distribution piping from the water storage tank to the station garage and barracks buildings, upgrade of an existing standpipe, installation of appropriate backflow protection for future irrigation needs, installation of water quality sampling taps in distribution system, restore water service to an existing drinking fountain, and all appurtenances and incidentals for a complete water system.

C.1-2 Location

The work is located at the Cameron Fire Station, 3110 Kitchen Creek Road, Pine Valley, CA 91962, San Diego County on the Descanso Ranger District of the Cleveland National Forest.

From San Diego, CA take I8 east for approximately 48 miles to Kitchen Creek Road. Go north for approximately one quarter mile. The Cameron Fire Station is on the right.

C.1-3 Contract Administration

Before beginning work, the Contracting Officer or his designated representative will meet with the Contractor. The meeting will be held at a time and place mutually agreeable to the Contractor and the Forest Service. The contract documents , the scope of the contract and the proposed work schedule will be thoroughly discussed to promote a better understanding between the Contractor and the Forest Service. The Contractor shall name and assign a responsible person as Project Manager and Site Superintendent. He/ She shall maintain a project file to contain all correspondences and criteria pertinent to this project. During the process of the work, the Contractor shall confer with COR, as required, to assure approval of the work completed.

C.1-4 Time of Performance

Project is expected to begin by mid April, 2017 and with an estimated Contract Period of 90 days, end by June, 2017. Contract time includes work items, weather delays, fire delays, and holidays.

C.1-5 Government Furnished Property

Not applicable.

C.1-6 Parking and Storage

The Contractor shall coordinate parking of Contractors vehicles and temporary storage of equipment and materials with the Contracting Officer. All heavy equipment used on site shall be washed prior to entering the project area to remove seeds and plant material from noxious weeds to prevent the introduction and spread of weeds not already present on Mt. Laguna or the Cleveland National Forest. The Forest Service shall inspect equipment prior to moving on site.

Inspections shall be coordinated and scheduled with the Contracting Officer’s Representative.

C.1-7 Fees

The Contractor shall, without additional expense to the Government, pay all Federal, State, County and Municipal fees applicable to the performance of the work.

The Contractor shall be responsible for all required sampling and testing that is required, including fees.

C.1-8 Applicable Codes and Regulations

The Contractor shall comply with all applicable Federal, State, interstate and local laws, environmental regulations, and requirements. The duty of the Contractor to comply with all current applicable laws, regulations and requirements takes precedence over any other duty or task described herein. Therefore, in the event that subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence.

The Contractor shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work.

C.1-9 Contractor Qualifications and Licenses

Contractors must possess the certification listed below. This list is not all inclusive and is subject to change as new Federal, State and local laws and regulations are implemented and existing Federal, State and local laws are revised.

Electrical: all electrical work performed under this contract shall be performed by a California State licensed electrical contractor. Prior to commencing work, the contractor shall present a copy of his/her current license to the Contracting Officer.

Plumbing: all plumbing work performed under this contract shall be performed by a licensed plumbing contractor. Prior to commencing work, the contractor shall present a copy of his/her current license to the Contracting Officer.

Surveying: all survey work performed under this contract shall be performed by a California State licensed Surveyor. Prior to commencing work, the contractor shall present a copy of his/her current license to the Contracting Officer.

C.1-10 Contractor Designation

The Contractor designate in writing a Site Superintendent to coordinate all contractor activities during construction and to liaise with the Contracting Officer Representative and Project Engineer for the Forest Service. Contractors Site Superintendent shall be on site at all times any work is being performed.

C.1-11 Notification and Permits

Contractor is responsible to provide all regulatory notifications and obtain all applicable permits in order to perform work under this contract.

C.1-12 Health and Safety Plan

The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable Federal, state, and local laws, safety and health regulations and procedures, as well as Forest Service regulations, rules and procedures. The Contractor shall ensure that its agents, employees and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling hazardous materials/waste and conducting emergency response and site cleanup activities are trained in the level of expertise required for the proper performance of the work activities.

A Health and Safety plan is required prior to initiation of work under this contract. The Contractor shall submit a Health and Safety plan prior to the initiation of any work under this contract. The Health and Safety Plan, and amendments thereto, submitted under requirements of this contract shall be prepared by the Contractor’s health & safety manager.

C.1-13 Contractor Caused Spills And Releases

The Contractor is solely responsible for any and all spills or leaks and subsequent clean up that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The clean up shall be at no cost to the Forest Service. The contractor shall provide spill response materials including, but not limited to, containers, shovels and personal protective equipment. Spill response materials shall be available at all times in which hazardous materials and hazardous wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

The contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and, as a minimum, include the following:

Description of the item spilled (including identity, quantity, manifest no., etc).

Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

Exact time and location of spill including a description of the area involved.

Containment procedures initiated.

Summary of any communications contractor has with press, Federal, state and local regulatory agencies and officials, or Forest Service officials.

Upon completion of the clean-up activities for contractor caused spills and releases, the contractor shall submit a final clean-up certification report to the Forest Service. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

C.1-14 Fire Plan

Contractor is responsible to complete and abide by the enclosed Forest Fire Plan. All welding and cutting (spark producing) activities will require a permit from the Alpine Ranger Station. All equipment must have approved spark arrestors and be inspected by a Forest Service Fire Prevention Officer.

C.1-15 Work Plan

The Contractor(s) shall provide the Government with three (3) copies of the Work Plan for the project. This Work Plan shall include, but is not limited to, the following:

A description of how the work will be performed.

Specific exclusions/ assumptions regarding the specific work to be performed.

A listing of personnel, including subcontractor(s), working on the project.

Qualifications and experience of personnel and subcontractors.

Project specific Safety & Health Plan.

Project specific Emergency Response Plan.

Project specific Quality Assurance Plan.

A list of equipment proposed for use on the project.

A Project Work Schedule.

Detailed cost estimate of work to be performed that can be used for partial payments as work is completed and accepted.

SECTION D--PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including submittals, forms, reports, etc., to the Contracting

Officer or the Contracting Specialist shall be paid by the Contractor.

D.2 CORRESPONDENCE/SUBMITTALS

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be forwarded to the addresses found in Section G. Correspondence shall be provided in duplicate and mailed to the Contracting Officer (CO). This would include the Submittal Register and Construction Schedule/Reports. Submittals shall be submitted to the Contracting Officer Representative (COR) with a duplicate copy of the cover letter forwarded to the CO.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 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.acquisition.gov www.usda.gov/procurement/policy/agar.html

E.2 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS. (APR 1984)

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

E.3 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

E.4 52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

E.5 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

E.6 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

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

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

(c) Government inspections and tests are for the sole benefit of the Government and do not -

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

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

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

E.7 52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

E.8 PRE-FINAL INSPECTION

The Contractor shall give written notice to the Contracting Officer at least 15 calendar days before the date the construction work will be completed and ready for final inspection. The contractor shall conduct a pre-final and final inspection in the presence of the Contracting Officer’s Representative (COR). Other Government personnel may attend both inspections. A Government Pre-Final Punch List may be developed as result of this inspection of any items not meeting Contract requirements for final acceptance.

The list of deficiencies may include the estimated date by which the deficiencies will be corrected. Any discrepancies noted shall be corrected prior to final inspection. The Government reserves the right to request a pre-final Inspection or final inspection.

E.9 FINAL INSPECTION

(a) The Contracting Officer shall be notified in writing by the Contractor when the final inspection can be conducted. The final inspection shall be requested ten (10) calendar days before the desired date or required completion date of the contract.

(b) The final inspection shall be performed with the Contractor by the Contracting Officer's Representative and/or representatives of the using activity. The Contractor and/or the Project Supervisor shall be present at the job site during final inspection. The Contracting Officer will present to the Contractor, after inspection, a punch list of any items not meeting Contract requirements for final acceptance. This list will be confirmed in writing, and any items therein must be made acceptable before final payment will be made. Any discrepancies noted shall be corrected within the time specified in the contract for final completion. Only the Contracting Officer is authorized to accept work performed.

E.10 INSPECTION

(a) The Contracting Officer or the duly authorized representative will perform inspection of materials and services to be provided.

(b) For the purpose of this clause, Tammie Mather is the authorized representative of the Contracting Officer.

(c) Inspections will be performed at the construction site.

SECTION F--DELIVERIES OR PERFORMANCE

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

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

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 165 calendar days after the date the contractor received the notice to proceed.

F. 3 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-01)

(Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under this contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Office determines that the reduction would be to the advantage of the Government

F. 4 SUSPENSION OF WORK (FAR 52.242-14) (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract: Vincent Chua U.S. Forest Service 701 N. Santa Anita Ave.

Arcadia, CA 91006 Telephone Number: 626-574-5326 Email: vchua@fs.fed.us

Contracting Officer's Representative (COR) for this contract: Tammie Mather USDA Forest Service, Cleveland National Forest 10845 Rancho Bernardo Road, Ste. 200 San Diego, CA 92127 Email: tmather@fs.fed.us Telephone Number: 858-674-2972

G.2 CONTRACTING OFFICER'S REPRESENTATIVE – LIAISON

The COR will act as a liaison between the U.S. Forest Service herein referred to as "Service" and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor of its responsibilities under the contract.

G.3 JOB SITE ADMINISTRATION

The Government will designate a CR or SR (if applicable) who will be available at the site to inspect the work as it progresses. The CR or SR will prepare an Inspector's Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, the Contractor's Superintendent, as defined below, shall contact the CR or SR, review the daily log, and sign as the Contractor's representative. Unless the Contractor's Superintendent makes notations to the contrary on the daily log, the log shall be presumed to be accurate. The CR or SR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions. The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation (FAR) Clause 52.236-6.)

(End of Clause)

G.4 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15)(Apr 1984)

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

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

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

G.5 POST AWARD CONFERENCE (AGAR 452.215-73) (Nov 1996):

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. Prior to commencement of work, the meeting will be conducted by the Contracting Officer. The meeting will be attended by the Contractor, the Contracting Officer’s Representative, and Forest Service representatives who may be involved in the administration of the contract. The meeting will be held at a time and place mutually agreeable to by the Contractor and the Contracting Officer to discuss the work schedule and to familiarize both parties with the responsibilities of each, under this contract.

G.6 PAYMENTS (FAR 52.232-01) (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if--

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PROCESSING PLATFORM

(IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System. “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

Prime contractor and subcontract payrolls (if applicable) Payment Request Certification Release of Claims (Final) SF 1413 – Statement and Acknowledgment Construction Schedule (Microsoft Project or other Industry Standard Software (if applicable)) Schedule of Values Owner/Operator manuals (if applicable) Warranty Certificates (if applicable)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.7 DISCOUNTS FOR PROMPT PAYMENT (FAR 52.232-08) (Feb 2002)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

G. 8 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (FAR 52.232-5) (May 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished https://www.ipp.gov/ which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if—

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

__________________________________________________ (Name)

__________________________________________________ (Title)

__________________________________________________ (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall—

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until—

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as—

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A

“contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be—

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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.acquisition.gov http://www.acquisition.gov www.usda.gov/procurement/policy/agar.html

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.

52.236-07 Permits and Responsibilities (Nov 91)

52.246-21 Warranty of Construction (Mar 94)

452.236-71 Prohibition Against the Use of Lead-Based Paint (AGAR)(Nov 96)

452.236-72 Use of Premises (AGAR)(Nov 96)

452.236-73 Archaeological or Historic Sites (AGAR)(Feb 88)

452.236-74 Control of Erosion, Sedimentation and Pollution (AGAR)(Nov 96)

452.236-76 Samples and Certificates (AGAR)(Feb 88)

452.236-77 Emergency Response (AGAR) (Nov 96)

H.2 GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".

H.3 WAGE DETERMINATION

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project.

Wage Determination # CA170001 01/27/2017 CA1 is currently in effect for San Diego County. The Wage Determinations is included as an attachment. The Contractor must furnish copies of his payrolls to the CO, weekly, seven (7) days after close of payroll period.

H.4 INSURANCE COVERAGE (AGAR 452.228-71) (Nov 1996)

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

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

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

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

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

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

H.5 DIFFERING SITE CONDITIONS (FAR 52.236-02) (Apr 1984)

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

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

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

(a) above for giving written notice may be extended by the Contracting Officer.

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

H.6 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-03) (Apr 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that is has investigated and satisfied itself as to the general and local conditions which can affect the work or its costs, including but not limited to (l) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electrical power, and roads: (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance.