R5 Multi Forest Critcal Water Systtem Repair.pdf

www.acquisition.gov/far/US

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

129JGP19R0007

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/25/2020

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

989207

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FORST SERVICE

R5 CCASA

ATTN: O’LAINE MARTINEZ

631 COYOTE STREET

NEVADA CITY, CA 95959

SAME AS BLOCK 7.

9. FOR INFORMATION

CALL:

A. NAME

Olaine Martinez: Contracting Officer

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

530-478-6823 tracy.martinez@usda.gov

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date) R5 Multi-Forest Critical Water System Repair, Stanislaus National Forest 100% Small Business Set Aside

FAR 32.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT

Between $1,000,000 and $5,000,000 **Please provide the following information:**

DUNS#__________________ TIN#____________________

Requests for Information (RFI’s) shall be submitted on the attached RFI form no later than 04/1/2020.

An organized pre-proposal site visit will not be held. Each offeror is expected to visit the site. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and zero copies to perform the work required are due at the place specified in Item 8 by 4:30 (hour) local time 04/23/2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) http://www.acquisition.gov/far/

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

MATTHEW GAGNON

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PROJECT

UNIT

SOL. #

METHOD OF

ITEM NO. DESCRIPTION MEASURE UNITQUANTITYUNIT PRICE TOTAL PRICE

0 Mobilization LSQ LS 1. -$ -$ 1A Place 4" C-900 Waterline LSQ LS 230. -$ -$ 1B Reconstruct AC Bike Path LSQ LF 240. -$ -$ 2A Demolition of 4 Unit Toilet and Lift Station LSQ LS 1. -$ -$ 2B Place Premanufactured Toilet LSQ LS 1. -$ -$ 4A Construct Wellhouse LSQ LS 1. -$ -$ 4B Replumb Well LSQ LS 1. -$ -$ 4C Modify Electrical/Install Float Controls LSQ LS 1. -$ -$

0 Required Items Subtotal 0 0 . -$ -$ 0 . -$ -$

OPTION ITEMS . -$ -$

3A Seal 10,000 Gallon Water Tank (Site 3) LSQ LS 1. -$ -$ 4D Seal 10,000 Gallon Water Tank (Site 4) LSQ LS 1. -$ -$

TOTAL -$

NOTES:

Signature Phone Vendor Name FAX

Address Email

3) If award is made in excess of $30,000, bonds will be required. (See Section I.)

4) If response is greater than $150,000, include bid bond =20% of the total price.

2) Responses for quantities less than those listed may be rejected.

(5) Following are abbreviation definitions from FP-03, Section 109 that may appear in the "Unit" column of the Schedule of Items; AC=Acre, CQ=Contract Quanitity, CY= Cubic Yard, EA=Each, GAL=Gallon, HR=Hour, LF=Linear Foot, LS=Lump Sum, MI=Mile, LB=Pound, SF=Square Foot, SY=Square yard, ST=Station, TON=Ton. CQ and LS will be measured and paid as stated in FP-03, Section 109-02. All other Units will be paid according to FAR clause 52.211-18, Variation in Estimated Quanitity.

PRICE SUBMITTED BY:

1) Respondent must price each item to be considered for award.

129JGP20R0007

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

R5 Multi Forest Critical Water System Repair Ph 1 051650

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C-2 DESCRIPTION OF WORK

The work show on these plant are for four sites on the Calaveras Ranger District, Stanislaus National Forest. The four sites are:

Site 1: Lake Alpine Recreation Area. Remove existing bike path and relocated 4” waterline under bike path alignment, reconstruct bike path in existing alignment. Abandon existing waterline in the lake bed in place.

Site 2: Marmot Day Use Area, Lake Alpine Recreation Area. Demolish existing 4 unit flush toilet bathroom and sewer lift station, place two unit prefabricated vault toilet in existing toilet footprint.

Site 3: (Option Item): Sourgrass Day Use Area. Seal interior of 10,000 gallon water tank.

Site 4: Big Meadows Campground. Construct well house around existing well, relocate electrical panel, water meter, shut off valves, etc. per plan. Install float control panel in well house, place electrical conduit and wiring between well house and water tank. Install float switches in existing conduit. . (Option Item) Seal interior of 10,000 gallon water tank

Contractor shall provide everything-including, but not limited to, all equipment, supplies, transportation, labor, and supervision-necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the task order. Contractor must verify that there are no utilities in the project site, before beginning excavation

Project Location

All sites are accessed from California Highway 4.

Site 1: Lake Alpine Recreation Area, 0.3 miles east of Lake Alpine boat ramp entrance on Highway 4, Alpine County.

Site 2: Marmot Day Use Area, Lake Alpine Recreation Area, Alpine County Site 3: Big Meadow Campground, Calaveras County Site 4: Sourgrass Day Use Area, Tuolumne County

Maps are general in nature and are not to be considered as definitively identifying locations.

NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.)

C.4 APPLICABLE SPECIFICATIONS

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

Estimated Start Date August 15, 2020

Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information.

C.5 RESTRICTIONS ON WORK

A. The Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered under this contract or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, genetic information, gender, gender identity, gender expression, military or veteran status and denial of family care leave, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.

B. The Contractor is responsible for the security of the Contractor’s tools and equipment at all times during the project. All trash and loose materials shall be secured on each Friday or last working day of the week. All motorized equipment shall be provided with key locks or other devices to render them inoperable when the Contractor is not on site. The Contractor shall not use Government trash facilities for waste without the permission of the COR. All construction debris remains property of the Contractor and shall be properly disposed of off of National Forest Land.

C. The Contractor and the Contractor’s employees will not be permitted to have dogs or other pets on the project site at any time.

D. The Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes during the course of the project.

Exclusions (non-work areas): All other areas that are not directly adjacent to the project area are considered non-work areas and should not be impacted by the Contractor in any way.

1. Work hours are limited to non-holiday week days, Monday – Friday, 07:00 – 17:00

2. In accordance with the fire plan, if included in Section J.

3. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

INSURANCE & CERTIFICATIONS

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement.

NOTE: The Contractor working alone is not required to carry the insurance.

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing (see also Section H, Camping Permit Compliance)

Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.

MAPS

Maps are included with the project drawings.

DRAWINGS AND SPECIFICATIONS

See the below attachments

1. Drawings STF Water System Improvements, Phase 1, dated 12/17/2019.

2. Specifications: Construction Standard Institute (CSI) specifications These specifications are physically incorporated in the solicitation.

C.6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT

OFWORK/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.7 CONTRACT TIMING AND RESTRICTIONS

Work shall be performed during daylight hours between 7:00 a.m. to 5: p.m. local time.

Estimated start work date is August 15, 2020. The contract time will be 45 days for base and 15 additional days for optional item. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup. Contract shall be completed no later than October 16th, 2020.

Construction activity will be allowed on weekends if approved by the Contracting Officer’s Representative. Weekends are considered to begin at 5 pm on Fridays and end at 7:00 am on Mondays.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) Tis 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/far/

FAR: https://www.acquisition.gov/browse/index/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number

Title Date

52.246-4 Inspection of Services – Fixed Price AUG

52.246-12 Inspection of Construction AUG

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

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

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

(c) Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

https://www.acquisition.gov/browse/index/far

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):

Clause Number

Title Date

52.242-14 Suspension of Work APR 1984

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 45 calendar days for base item and 15 calendar days for Optional item after the effective date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 5 August, 2020. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.1 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within five (5) calendar days after contract award, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts”; and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

Work Timing Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

https://www.acquisition.gov/browse/index/far

SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Stanislaus NF, 19777 Greenley Road, Sonora, CA 95370 or a mutually agreed upon location. A contractor designated representative shall be in attendance.

G.2 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: "

G.3 GOVERNMENT-FURNISHED PROPERTY (GFP)

The Government will provide the following item(s) of GFP to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Ite m No.

Description Q t y

Source Location

See attached SOW

G.4 AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS--

FIXED-PRICE CONSTRUCTION CONTRACTS (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

G-5 INVOICES

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). 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.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The one-time enrollment in IPP means a series of emails will be sent to the point of contact (POC) established in your System for Award Management (SAM) account at www.sam.gov. So, please verify that the POC’s email address is up to date in your company’s SAM account prior to starting the IPP enrollment process. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131. Invoices shall be accompanied by the signed contractor certification, using the exact wording in the clauses, FAR 52.232-5, and be up-to-date on https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/ certified payrolls for the invoiced timeframe, FAR 52.222-8. (See next page for invoice certification language.) Invoices that do not meet these requirements will be rejected.

Payrolls. The Contractor shall submit payrolls weekly for each week in which any contract work is performed. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov), including the certification verbatim from the WH-347. Forms from other State or County governments are not compliant.

http://www.dol.gov/

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 visual surveys and inspections.

(b) Weather conditions are typical southwest California weather.

H.2 PRODUCT SUBSTITUTION

(a) When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

(b) Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a) Product identification, including manufacturer's name and address.

b) Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c) Samples, as applicable.

d) Name and address of similar projects on which product has been used, and date of each installation.

e) Comparative data of item to be deleted by proposed substitution. Include drawings to same

(or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f) Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g) Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h) Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1) Itemized comparison of the proposed substitution with product specified; list significant variations.

2) Data relating to changes in construction schedule.

3) Any effect of substitution on separate contracts.

4) List of changes required in other work or products.

5) Accurate cost data comparing proposed substitution with product specified.

6) Proposed amount of change to the contract.

7) Designation of required license fees or royalties.

8) Designation of availability of maintenance services, sources of replacement materials.

c. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

d. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

e. Contracting Officer will determine acceptability of proposed substitutions.

f. Number of Substitution Submittals: Only one proposed alternative will be considered for each item.

Provide specified item if substitution proposal is rejected.

H.3 CONTRACTOR’S REPRESENTATION AND RESPONSIBILITY

a. In making formal request for substitution the Contractor represents it:

1. Has investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a) Costs under separate contracts.

b) Contracting Officer costs for redesign or revision of contract documents.

b. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

c. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H.4 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS,

AND TESTING REPORTS

Product Substitution (See H.2) - Any modification of other items, designs, materials, products or equipment (including GFP), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification.

All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

Submittals: The following project administration, specifications, material certifications, and shop drawings shall be submitted on this project:

Submittal Title Section / Specification No.

Time of Contractor Submittal

Time of Government Approval After

Submittal

Schedule of Work N/A 21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

Job-Specific Safety Plan page 16 para

153.04 (2) (a)

21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

Fire Plan page 16 para

153.04 (2) (a)

21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

Biobased or BioPreferred Products page 16 para

153.04 (2) (a)

21 Calendar Days (CDs) prior to work starting

14 Calendar Days (CDs)

See attachment “1. Supplemental Specifications” page 16 para 153.04 (2) (a) - Submittal Log for complete listing

H.5 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

c. Structure Defacement. The Contractor shall not remove, deface, injure, or destroy structure elements of the site including but not limited to building structure, finish, or systems, adjacent roadways and sidewalks, fencing, onsite vehicles, or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents or identified on site.

H.6 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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) below.

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, without additional charge, 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 re- inspection 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.

H.7 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 on site access routes. Roads shall not be closed to traffic. Suitable warning signs shall be provided to properly control and direct traffic.

All road barricades, warning signs, lights, temporary signals, flagman 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.

H.8 SAFETY

a. Job-Specific Safety Plan: Prior to allowing any work to commence on the project, 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: loading and 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.

b. Safety Items: 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.

This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.

2. The following activities have been identified by the Government as potential safety hazards. 1) Confined Entry Space. 2) Fire hazards.

c. Personal Protective Equipment (FSAR 4G52.222-704 (FEB 2007)):

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

5. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

6. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

7. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

d. 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 (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

H.9 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H.10 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

a. Storage of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored material 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 placing of Contractor’s plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor’s expense. The Contractor shall be responsible for making arrangements for storage on other than Forest Service-administered lands.

This contract DOES NOT ALLOW for the payment of materials stored at off-site locations.

All material and work covered by progress payments made shall thereon become the sole property of the Government, but this provision shall not be construed as 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 as waiving the right of the Government to require the fulfillment of all of the terms of the contract.

b. Legal Relations and Responsibilities:

1. Government's Responsibility for Utilities: The Government will notify all utility companies or other parties affected and make arrangements for all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances affected by work under the contract.

2. 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.

c. Prosecution of Work: The Contractor may encounter other contractors performing work on projects in the area.

PAYMENT CERTIFICATION

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)

(Invoiced Timeframe)

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection. If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011) 52.204-7 System for Award Management (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015) 52.204-9 52.204-13

Personal Identity Verification of Contractor Personnel (JAN 2011) System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications.(DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages—Construction (Sept 2000) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.215-8 Order of Precedence—Uniform Contract Format. (OCT 1997) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (May 2018) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Affirmative Action for Workers with Disabilities (JU 2015) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking In Persons (JAN 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Oct 2015) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (OCT 2018) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim.