Solicitation.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 52

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

RFQ S-05-SS-15-08-296

DATE

5-8-2008

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Patrick J. Gallegos calls) 559 297-0706 4830 LOCAL TIME INFORMATION CALL: June 9,2008 - 3:00pm

9. ISSUED BY CODE 10. THIS ACQUISITON IS 11. DELIVERY FOR 12. DISCOUNT TERMS

FOB DESTINATION

USDA Forest Service UNRESTRICTED UNLESS BLOCK IS Southern Sierra Province SET ASIDE: 100 % FOR MARKED

1600 Tollhouse Rd Clovis, CA 93611

SMALL BUSINESS SEE

SCHEDULE

HUBZONE SMALL

BUSINESS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 115310

SIZE STANDARD: $6.5 million 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See address in Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA-National Finance Center P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM Send Invoices to Address in Block 9

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ROAD MAINTENANCE,

USDA Forest Service – Cleveland, Angeles and San Bernardino National Forests

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. ___________________ OFFER

2 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

PATRICK J. GALLEGOS

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.2\

PART I - THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

EXAMPLE ONLY DO NOT INSERT PRICING

See Section M

PAY

ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT

PRICE TOTAL

807 Laborer HR $ $

811(1) Blading Surfaced Roads MI $ $ 811(2) Blading Native and Pit Run Roads MI $ $ 811(5) Compaction - Method B MI $ $ 811(6) Scarification PM $ $ 813(1) Spot Surfacing, Grading 1 CY $ $ 813(3) Spot Surfacing, Grading 1 TON $ $ 813(4) Spot Surfacing, Grading 1, Government Furnished Materials

CY $ $

813(5) Compaction Method B SY $ $ 814(1) Deep Patching SY $ $ 814(2) Skin Patching TON $ $ 814(3) Pothole Patching SY $ $ 815(2) Paved Surface Cleaning SLM $ $ 815(3) Bridge Deck Cleaning EA $ $ 816(1) Unpaved Shoulder Maintenance SM $ $ 819(1)a Riprap, Class I & II TON $ $ 819(1)b Riprap, Class III & V TON $ $ 819(1)c Riprap, Class VI & IX TON $ $ 819(2) Riprap, Government Furnished CY $ $ 819(3) Grout CY $ $ 819(4) Grout Application HR $ $ 831(1) Clean and Reshape Drainage Ditch DM $ $ 831(2) Clean and Reshape Lead off Ditch EA $ $ 831(3) Remove Vegetation Larger Than 1"and Less

Than 6" in Diameter

DM $

831(4) Remove Vegetation 6" and Larger in Diameter

EA $

832(1) Removal and Disposal, Placement Method 1

CY $

832(2) Removal and Disposal, Placement Method 2

CY $

832(3) Haul YM $ $ 832(4) Compaction Method B CY $ $ 833(1) Culvert Replacement, 18 inches

LF $

QUANTITY UNIT UNIT

PRICE TOTAL

833(2) Culvert Replacement, 24 inches

833(3) Culvert Replacement, 36 inches

833(4) Culvert Replacement, 48 inches

833(5) Downpipe, 18 inches Diameter LF $ $ 833(6) Downpipe, 24 inches Diameter LF $ $ 833(7) Downpipe, 36 inches Diameter LF $ $ 833(8) Downpipe, 48 inches Diameter LF $ $ 833(9) Hinged Elbow, 18 and 24 inches

833(10) Hinged Elbow, 36 and 48 inches

833(11) Drop Inlet, 36 inches Diameter EA $ $ 833(12) Drop Inlet Cover EA $ $ 833(13) Anchor Assembly, 18 inches

833(14) Anchor Assembly, 24 inches

833(15) Anchor Assembly, 36 inches

833(16) Anchor Assembly, 48 inches

833(17) 18 inch Polyethylene Pipe, Dual Wall

833(18) 24 inch Polyethylene Pipe, 833(19) 36 inch Polyethylene Pipe, 833(20) 48 inch Polyethylene Pipe, 834(1) Clean Culverts 24" Diameter and under

834(2) Clean Culverts Over 24" Through 48" Diameter

834(3) Clean Culverts Over 48" Diameter EA $ $ 835(1) Roadway Drainage Maintenance MI $ $

836(1) Removal of 24" or less diameter culvert

836(2) Removal of culvert greater than 24" diameter

836(8) Scarification PM $ $ 836(9) Ripping PM $ $ 836(11) Outsloping Roadbed MI $ $ 836(12) Earth Barricade EA $ $ 836(14) Camouflaging Road Junction MI $ $ 836(15) Haul MI $ $ 838(1) Maintenance for Limited Use MI $ $ 838(4) Driveable Drain Dip EA $ $ 838(5) Cross Ditch EA $ $

QUANTITY UNIT UNIT

PRICE TOTAL

839 (01) Restore Drainage Function MI $ $ 841(1) Cutting Roadway Vegetation MI $ $ 851(1) Logging Out Marked Trees Less Than

24 Inches Diameter

851(2) Logging Out Marked Trees 24 Inches Diameter and Over

851(5) Logging Out Unmarked Trees, All trees

854(1) Removal of Hazard Trees (24" Diameter and Under)

854(2) Removal of Hazard Trees (Over 24" diameter)

854(3) Removal of Rocks & Stumps EA $ $ 861(1) Maintain One-lane Cattleguard EA $ $ 861(3) Maintain traffic gate EA $ $ 861(4) Welding Cattlegaurd or Gate HOUR $ $ 861(5) Maintain rock/earth barrier EA $ $ 872(3) Replace Metal Sign Post EA $ $ 872(4) Replace Wood Sign Post EA $ $ 872(5) Remount Sign (1 or 2 Posts) EA $ $ 881(1) Mobilization LS $ $ 882(1) Equipment Moving for Section 811 MI $ $ 882(2) Equipment Moving for Section 832 MI $ $ 884(1) Rice Straw Mulch BALE $ $

Note 1: No more than 10 contract awards will be made from this solicitation. Estimate 3 awards per Forest.

Note 2: An Offeror may limit its offer to one or more Forests for which it is interested in receiving an award. Award will be made by Forest. The Forest are defined in C.1

Note 3: Be sure to submit the technical information (Past Performance/Relevant Experience, Capacity, Available equipment/type and Quality Control Plan) as required.

Failure to submit the required information will cause the offer to be rejected and not considered for award.

Note 4: Contractors awarded a contract under this solicitation are not guaranteed award of any task order; they are instead guaranteed an opportunity to compete for projects in the Area(s) of their award, as described in this solicitation.

Note 5: Task Orders will be placed for Forest projects for which the Government Estimate is at least $10,000.00.

The maximum dollar amount of orders over the term of the contract which will be awarded to any one contractor is $2,000,000.

Note 6: The contractor shall furnish all equipment, fuel, maintenance, labor, supervision, transportation, materials, tools, supplies, safety signs, and incidentals necessary for the maintenance of Forest Development Roads within the boundaries and jurisdiction of the Cleveland, Angles and San Bernardino National Forests

B.1 Contract Type (Task Order Contract)

This contract is for the maintenance of Forest Development Roads within the boundaries and jurisdiction of the Angeles, Cleveland and San Bernardino National Forests. The period of the awarded contracts will be from effective date of contract award through 9/30/2010.

Only Contractors awarded one of these contracts will be allowed to compete for individual tasks.

Annually, during the month of December, Contractors wishing to terminate their contract may do so in writing. The request should include the reason the Contractor wishes to terminate the contract. There will be no penalty to the Contractor for such a termination.

Such termination will not affect existing incomplete task orders. The terminating contractor shall still be expected to complete those task orders in accordance with the terms and conditions of this contract and those detailed in the task order.

Annually, during the month of January, the Government may advertise for additional Contractors to add to this contract if in its judgment it is necessary to maintain an effective competitive pool of contractors capable of meeting the Province’s workload covered by this contract. The total number of contractors will not exceed 10 at any point in time.

B.2 PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST THIS

CONTRACT

The following Forest Service personnel are authorized to place, compete, award, and administer task orders under this contract:

Any warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract within the physical boundaries of this contract.

B.3 Task Order Competition

A. Each time a forest has a requirement for road maintenance consistent with the above-stated General Scope; it will send the unique project information (Statement of Work) to all Contractors awarded a contract for that Forest.

The Contractor shall submit a quote for the projects or a "No Offer" shall be submitted on the projects if the contractor does not wish to be considered for award. The quote shall consist of a signed task order schedule of items, to be submitted within 15 days after issuance of the task order requirements from those authorized by the Contracting Officer to place task orders.

Contractors may transmit their pricing by electronic facsimile or e-mail.

B. Award of task orders will be based upon best value to the Government.

Price and past performance of the Contractors on task orders awarded under this contract shall be considered by the Contracting Officer when making award of task orders. The intent is to award task orders based on initial quotes received. However, the Government may, at its option, choose to initiate discussions with the Contractors on a particular task order. If discussions are necessary, they will be held with all contractors considered to be within the competitive range for the task order.

C. Task order requests for quotes and the resultant awarded task orders will include the appropriate wage decision and any specialized requirements or clauses needed for work deemed within the scope of this contract. The Contractor shall perform the work within the time period allowed in the task order.

PART I THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Multiple-Award maintenance of Forest Development Roads within the boundaries and jurisdiction of the Angeles, Cleveland and San Bernardino National Forests.

C.1. SCOPE OF THE CONTRACT

The purpose and intent of this contract is to secure road maintenance services for Forest Development roads within the boundaries and jurisdiction of the Angeles, Cleveland and San Bernardino National Forests.

Upon award of a task order to the Contractor, the contractor shall furnish all equipment, fuel, maintenance, labor, supervision, transportation, materials, tools, supplies, safety signs, and incidentals necessary for the maintenance of Forest Development Roads (except as otherwise specified), to perform the Statement of Work/Specifications included in each task order.

The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.2 COORDINATION OF SPECIFICATIONS

A. Relationship Between the Supplemental Specifications and the Region Five Standard Specifications.

Supplemental Specifications for this project refine, revise and add to the requirements stated in the Standard Specifications. The Supplemental Specifications and Standard Specifications must be read as a whole to gain a full understanding of the work required. In case of discrepancies between these specifications, the supplemental specifications will take precedence over the standard Specifications.

B. Numbering System.

Specific specification sections are numbered in an "800" series, i.e., 811, 812, etc. Succeeding subsections are "numbered" alternating between numbered and uncapitalized letters.

C. The specifications, drawings, and all other provisions are essential parts of the contract. They are intended to be mutually complimentary. In case of discrepancy within the specifications, the following is the order of precedence.

1. Supplemental Specifications.

2. Standard Specifications for Maintenance of Roads.

3. Drawings.

C.3 STANDARD SPECIFICATIONS

The following specifications are numbered in the "800" series codes. Only those sections which are applicable to this contract are included. There will be gaps between section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been Reserved for possible future inclusion in the "800" series. These specifications follow in full text.

Section 806 - REGULATORY REQUIREMENTS Section 808 - WORK AREA MANAGEMENT Section 811 - BLADING Section 813 - SPOT SURFACING Section 814 - ASPHALT PAVEMENT PATCHING Section 815 - PAVED SURFACE CLEANING Section 816 - MAINTENANCE OF UNPAVED SHOULDERS Section 819 - RIPRAP Section 831 - DITCH MAINTENANCE Section 832 - REMOVE AND END HAUL MATERIALS Section 833 - CULVERT REPLACEMENT Section 834 - DRAINAGE STRUCTURE MAINTENANCE Section 835 - ROADWAY DRAINAGE MAINTENANCE Section 836 - ROAD DECOMMISSIONING Section 838 - MAINTENANCE FOR LIMITED USE Section 839 - RESTORE DRAINAGE FUNCTION Section 841 - CUTTING ROADWAY VEGETATION Section 842 - OUTLET STRUCTURES Section 851 - LOGGING OUT Section 854 - HAZARD REMOVAL AND CLEANUP Section 861 - MAINTENANCE OF CATTLEGUARDS Section 872 - SIGN MAINTENANCE Section 881 - MOBILIZATION Section 882 - EQUIPMENT MOVING Section 884 - MULCHING Section 892 - BITUMINOUS PRODUCTS Section 893 - AGGREGATES Section 894 - CULVERT PIPE

C.4 DEFINITIONS

Wherever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Base Course - The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms).

Berm - A curb or dike which controls roadway runoff water, or delineates traffic direction. Berms commonly parallel road centerline; however, on Limited Use Roads (Section 838) may be placed diagonally across the roadbed. (See Illustration of Road Maintenance Terms).

Channel - A natural waterway leading into or away from a culvert or bridge.

Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment.

Cross ditch - A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline. (See Section 838.)

Lead-off ditch - A ditch used to remove water from roadside drainage ditches, the roadway, cattleguards, or drainage structures such as culverts and drainage dips.

Ditch - A relatively long narrow excavation placed to collect or disperse water.

Drainage dip - A drainage structure which was previously constructed within the roadbed surface to form a uniform depression which allows routine passage of vehicles while diverting water from the traveled way. (See Drawing 837-1, Typical Rolling Dip.)

Drainage ditch - A ditch located parallel to and abutting the roadbed. (See Illustration of Road Maintenance Terms).

Drainage structure - A term identifying man-made devices placed to control water movements.

Drawings - Illustrations showing detailed maintenance required.

Excess Material - Material from the roadway excess to that needed for maintenance of roadway.

Grade - The vertical alignment of the top surface of the road.

Materials - Any substances specified for use in the performance of the work.

Measurement - Method of determining and expressing the quantities of work.

Nominal Dimensions or Weights - The numerical values shown on the drawings or in the specifications as measurements for the work.

Patching - Minor repairs.

Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

Reasonably Close Conformity - Means compliance with customary maintenance tolerances where working tolerances are not specified.

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

Roadbed - The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade. (See Illustration of Road Maintenance Terms).

Road Listing - A listing of roads and estimated work quantities.

Roadside - (See Illustrations of Road Maintenance Terms).

Schedule of Items - Schedule containing a listing and description of maintenance items, quantities, units of measure, methods of measurement, unit price, and amount.

Shoulder - As used in this contract, the term is restricted to roads having a paved surfacing. (See Illustrations of Road Maintenance Terms).

Slough or Slide - Material deposited on the roadway which may need to be repositioned or removed.

Slump - A localized portion of the roadbed which has slipped or otherwise become lower than that of the adjacent roadbed and constitutes a hazard to traffic.

Special Project Specifications - Specifications which detail conditions and requirements peculiar to the individual project.

Standard Specifications - Specifications for specific divisions of work.

Subgrade - Top surface of roadbed upon which subbase, base course, or surface course was constructed. (See Illustration of Road Maintenance Terms).

Traveled Way - The portion of the roadway for the movement of vehicles. For purpose of this contract, traveled way includes turnouts and curve widening. (See Illustration of Road Maintenance Terms).

Turnouts - A short auxiliary lane on a one-lane road provided for passage of meeting vehicles.

Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

Waterbar - A deeper type cross ditch which is not intended for passage of traffic.

C.5 ABBREVIATIONS

Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows: (Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of the Solicitation.)

1. AASHTO - American Association of State Highway and Transportation Officials.

2. CS - Commercial Standard issued by U.S. Department of Commerce.

3. EPA - Environmental Protection Agency.

4. FAR - Federal Acquisition Regulation System.

5. FED SPEC - Federal Specification.

6. FSS - Federal Specifications and Standards.

7. MSHA - Mine Safety Health Administration.

8. MUTCD - Manual of Uniform Traffic Control Devices.

9. NBS - National Bureau of Standards.

10. OSHA - Occupational Safety and Health Act.

11. PS - Product Standard Issued by the Department of Commerce.

12. UL - Underwriter's Laboratories, Inc.

C.6 QUANTITY MEASUREMENT TERMS

1. Measurement under the contract shall be according to the United States standard measure.

2. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

3. All items which are measured by the linear foot, will be measured parallel to its longitudinal centerline, unless otherwise shown on the drawings.

4. A station when used as a definition of term or measurement will be 100 linear feet.

5. Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

6. Single lane mile measurement will mean the product of the road length in miles times the equivalent number of continuous traveled way lanes on the road. A single lane traveled way will be 12 feet wide with one or two shoulders two (2) feet in width. On two (2) lane roads, the lane miles will be twice the length of the road segment maintained. On one (1) lane roads, the blading of turnouts is incidental until the cumulative length of the turnouts exceeds forty percent (40%) of the road length. The length of turnouts maintained exceeding forty percent (40%) will be counted as additional single lane miles. This adjustment applies only to work performed under Section 811.

7. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. Trucks used to haul material measured by truck weight shall be weighed empty at least once daily, and each truck shall bear a plainly legible identification mark. Weigh tickets furnished by the Contractor from certified scales will be used to determine weight measurements.

8. Materials measured by the cubic yard in the hauling vehicle shall be measured therein at the point of delivery. Vehicles may be of any size or type, provided that the box is of such shape that the actual volume may be readily and accurately determined.

9. Measurement by the acre will use the length and width treated. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes. The measured slope distance for width will be multiplied by the length treated and converted to a standard 43560 square foot acreage value of the surface area treated.

10. Volume of bituminous products will be measured at 60 degrees F, using ASTM D-1250 for asphalts except the quantity of emulsified asphalt will be determined by measuring the emulsified at a temperature of 60 degrees F, or by converting the gallonage measured at another temperature to gallonage at 60 degrees F by means of the following formula:

Gals. at 60 degrees F = Gallons at A degrees F 1+0.00025(A degrees F-60 degrees F)

In which A degrees is the temperature of the material at the time the gallonage is measured.

11. The term "lump sum" when used in the Schedule of Items will mean the complete unit as required by or described in the contract.

12. Measurement will be made of each item or unit of work, as shown in the

Schedule of Items, completed and accepted in accordance with the contract provisions, specifications, and drawings.

SECTION F - DELIVERY OR PERFORMANCE

F.1 PERFORMANCE PERIODS FOR TASK ORDERS

When competed, the requirements for the task order will include the period of performance applicable to the task order. Contractors shall base their pricing on meeting the task order performance period.

F.2 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 damage to access roads or 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 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.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

Contracting Officer's Representatives (COR) will be designated for individual task orders placed against awarded contracts. The Contractor will be notified in writing of the name and duties of the COR at the time of a task order award.

G.2 PREWORK CONFERENCE

Prior to commencement of work on a task order, the Contractor shall meet with the Contracting Officer to discuss contract terms and work performance requirements, the work progress schedule, and fire prevention and suppression plans. The meeting will be held at a location to be determined following award of the task order.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE (52.252-02)(Feb 98)

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 on the Internet at this/these address(es):

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

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) 452.236-73 Archaeological or Historic Sites (AGAR)(Feb 88) 452.236-76 Samples and Certificates (AGAR)(Feb 88) 452.236-77 Emergency Response (AGAR) (Nov 96)

H.2 WAGE DETERMINATION

Wage Determinations # CA2005-2047, Rev.5, dated 04/01/2008, CA2005-2053, Rev.6, Dated 04/01/2008, and CA2005-2057, Rev.6, dated 05/05/2008, is currently in effect for Los Angeles, Orange, San Bernardino, Riverside, Imperial and San Diego Counties.

The Wage Determinations are included as an attachment.

H.3 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.4 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3) (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. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take action described and acknowledge in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless the understanding or representative is expressly stated in this contract.

H.5 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

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

H.6 SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6) (APR 1984)

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

H.7 OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

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

H.8 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

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

(b) The Contractor shall protect from damage all existing improvements and utilities

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

H.9 OPERATIONS AND STORAGE AREAS (FAR 52.236-10) (APR 1984)

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

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

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

H.10 USE AND POSSESSION PRIOR TO COMPLETION (FAR 52.236-11) (APR

1984)

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

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

Performance of specific sampling, testing, inspections and record keeping work by the Contractor under this provision will be required only when expressly assigned by the Forest Service Specifications or the Special Project Specifications.

H.11 CLEANING UP (FAR 52.236-12) (APR 1984)

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

H.12 ACCIDENT PREVENTION (FAR 52-236-13) (NOV 91)

(a) The Contractor shall provide and maintain work environments and procedures, which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment, exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

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

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

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

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

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

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition, which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

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

(f) Before commencing the work, the Contractor shall-- (1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards of life, limb, and property inherent in contract work performance and a plan for controlling these hazards: and (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.13 LAYOUT OF WORK (FAR 52.236-17) (APR 84)

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

H.14 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FAR 52.236-21)

(FEB 97)

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

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

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

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

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

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

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

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

H.15 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass sites, other than shown on the drawings is opened or operated on USDA lands, or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer.

A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

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

H.16 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR

452.236-74) (NOV 1996)

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

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments, or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H.17 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 Representative at least five days in advance of moving equipment in so that arrangements can be made for inspection.

H.18 TASK ORDER SPECIAL REQUIREMENTS

When competed, all requirements for the task order, including special contract requirements not contained in the master contract, will be included in the information furnished to Contractors with the request for the Contractors' pricing quote. Contractors shall base their pricing on all requirements, both those applicable just to the task order and those contained in the master contract.

H.19 FIRE PLAN.

The contractor shall read and follow the instructions contained in the attached Fire Plan.

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(Feb 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of…