Seed Project 2 - Snow Cap Pit.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1205M620R0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/15/2020

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

997779

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO: (E-Mail Only)

USDA Forest Service Mt. Baker-Snoqualmie National Forest Attn: Brian A. Johnson, CO 2930 Wetmore Ave., Ste 3A Everett, WA 98201-4067

Note: Due to COVID-19 precautionary measures, all proposal documents must be e-mailed to brian.johnson3@usda.gov. An e-mail copy of the Bid Bond is acceptable for all seed project proposals valued at $150,000.00 or greater. The original Bid Bond must be mailed to the Block 7 address.

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson

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

(425) 783-6056 E-mail brian.johnson3@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):

(Stewardship Project – Retained Receipts)

SEED PROJECT #2: SNOW CAP PIT CRUSHING AND PIT DEVELOPMENT

Three Rivers Ranger District Colville National Forest

Washington State (Ferry County)

Disclosure of the Magnitude of Construction Project: Between $250,000 and $500,000

Technical POC: Glen Jensen, (509) 684-7190, glen.jensen@usda.gov

Contractual POC: Brian Johnson

Refer to Section L, Paragraph L.6 for "Documents to Submit as Your Proposal"

11. The Contractor shall begin performance within 5 calendar days and complete it within * 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

Fourteen (14)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and zero (0) copies to perform the work required are due at the place specified in Item 8 by (See BetaSAM) (hour) local time (See BetaSAM) (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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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Road Construction IDIQ (FY20 - FY25) Colville National Forest (Zone 2) Firm-Fixed-Price (FFP)

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

IPP

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

R6 Contracting North, Acquisition Management

Colville National Forest 765 South Main, Colville, WA 99114

Invoice Processing Platform IPP

All invoices must be submitted electronically through the Invoice Processing Platform IPP via www.ipp.gov.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

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SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

(Stewardship Project – Retained Receipts)

SEED PROJECT #2: SNOW CAP PIT CRUSHING AND PIT DEVELOPMENT

Three Rivers Ranger District Colville National Forest

Washington State (Ferry County)

B.1 SCHEDULE OF ITEMS

BASE ITEMS:

ITEM

NO.

DESCRIPTION

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

15101 Mobilization LS 01 $_____________ $_____________

20501 Controlled Blasting LS 01 $_____________ $_____________

31402 Stockpiled Aggregate, Section 703.05 Grading, C (base)

TON

(AQ)

10,000 $_____________ $_____________

Total Price (Base Items): $_________________

OPTION ITEMS:

20501A Controlled Blasting LS 01 $_____________ $_____________

31402A Stockpiled Aggregate, Section 703.05 Grading C (base)

TON

(AQ)

5,000 $_____________ $_____________

31402B Stockpiled Aggregate, Riprap Section 703.01 Grading Class 2

TON

(AQ)

1,000 $_____________ $_____________

Total Price (Option Items): $_________________

TOTAL PRICE (Base + Option Items): $_________________

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B.2 SCHEDULE OF ITEMS PRICING

Unit prices and total item amounts must be submitted for all items and sub-items. Do not round the extended item amounts; provide prices to the nearest cent.

If the task order offeror does not intend to charge for an item, a price of “$0.00” or “NO COST” should be shown. If the price is left blank or shown as “No Bid,” the entire offer may be considered ineligible for task order award.

B.3 DESIGNATED METHOD OF MEASUREMENT

See FP-14 109.02 and FSSS 109 for Measurement Terms and Definition.

Actual Quantities (AQ): These quantities are determined from measurement of completed work.

Lump Sum Quantities (LS): These quantities denote one complete unit of work as required by or described in the task order including necessary materials, equipment, and labor to complete the job; they will not be measured.

Option Items: The Government may exercising up to the quantity shown.

Payment will be made on actual work performed, inspected and accepted as described in FP-14 109.01 unless otherwise noted.

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SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF TASK ORDER

This project consists of pit, quarry development and rock crushing. The Government is estimating approximately 10,000 tons of stockpiled aggregate, Grading C for the base item.

The task order also has option items for up to 5, 000 tons of stockpiled aggregate, Grading C and up to 1,000 tons of stockpiled aggregate, riprap, Grading Class 2.

Work includes, but is not limited, to grading, blasting, rock crushing, testing and stockpiling aggregate.

The Contractor shall furnish all management, labor, equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the specification and provisions of the task order.

All terms and conditions listed in the main contract are also a part of this solicitation and any resultant task order.

C.2 PROJECT LOCATION

Project is located on the Three Rivers Ranger District.

From Colville, WA: Travel on US-395 North for +/- 28 miles to Boulder Creek Road; turn left on Boulder Creek Road and travel for 1.5 miles to Forest Service road 6100010; turn right on Forest Service road 6100010 and travel 0.6 miles to Forest Service road 6100012; turn right on Forest Service road 6100012 and travel 0.1 miles to Forest Service road 6100014; turn left on Forest Service road 6100014 and travel 0.07 miles to Snow Cap Pit. A Forest Service gate at the beginning of 6100014 restricts access to the pit.

Refer to the location map shown on the title sheet of the plans.

C.3 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/Specifications referenced in Section J.

C.4 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

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

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C.5 AGAR 452.236-78 FOREST SERVICE STANDARD SPECIFICATIONS FOR

CONSTRUCTION OF ROADS AND BRIDGES (NOV 1996)

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, 2014, U.S. Department of Transportation, Federal Highway Administration are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract / task order.

The internet site is: http://flh.fhwa.dot.gov/resources/pse/specs/

C.6 APPLICABLE SPECIFICATIONS

Standard and Supplemental Specifications for FP-14 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 specification, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

C.7 PROJECT DRAWINGS

The attached listed drawings are part of this solicitation and any resultant task order:

1. Title, Sheet Index, and Vicinity Map

2. Site Map and Estimate of Quantities

3. Pit Information Plan

C.8 BIOBASED PRODUCTS

In the performance of this task order, the Contractor shall make maximum use of biobased products as stated in clause FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. Sample biobased products that may apply to this project, but not limited to, are:

Operations and Maintenance Construction

Penetrating Lubricants Dust Suppressants Greases Concrete/Asphalt Release Fluids Gear Lubricants Asphalt Restorers Pneumatic Equipment Lubricants Asphalt/Tar Removers Fuel Conditioners Traffic/Zone Marking Paints Gasoline Fuel Additives Erosion Control Hydraulic Fluids Safety Equipment (Protective Helmets)

USDA BioPreferred Program Catalog: https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

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SECTION E--INSPECTION AND ACCEPTANCE

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

This contract / task order 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 address:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-12 Inspection of Construction AUG 1996

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

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

B. Inspection and acceptance will be performed at the project site.

E.3 CONFORMITY WITH PLANS 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 Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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SECTION F--DELIVERIES OR PERFORMANCE

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

This task order 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 address:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract / task order within five (5) 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 November 12, 2020. The time stated for completion shall include final cleanup of the premises.

F.3 NOTICE TO PROCEED (NTP)

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer’s Representative (COR). No work shall begin until receipt of this notice. Task Order time shall commence on the day indicated on the Notice to Proceed.

F.4 SUSPENSION FOR OTHER THAN GOVERNMENT 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 an equitable adjustment.

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SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract / task order award. The conference will be held at Colville National Forest Supervisor’s Office, 765 South Main, Colville, Washington.

Note: The Contractor shall meet with the Government to discuss contract / task order terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the conference.

G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. The Contracting Officer will designate a representative (or representatives), hereinafter referred to as the Contracting Officer’s Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designations will be furnished to the Contractor before or at the post award conference. The Contractor is cautioned to read the COR designation(s) because certain authority under the contract / task order is reserved solely for the Contracting Officer. The term “Contracting Officer” as used through the Specifications, shall be interpreted in include the Contracting Officer’s designated representative (s) acting within the limits of their delegations of authority.

B. The COR does not have authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract / task order nor in any way direct the contractor or its subcontractors to operate in conflict with the contract / task order terms and conditions.

The COR cannot redelegate their authority to another person.

Any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract / task order be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract / task order.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract / task order, and the contract / task order will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract / task order.)

D. On all matters that pertain to the contract / task order terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract / task order, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract / tsk order claim.

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G.3 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The Contractor and subcontractor shall fill out the SF 1413, Statement and Acknowledgement and submit to the Contracting Officer. Other written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

E. A copy of the Statement of Acknowledgement form (SF-1413) must be provided to the Contracting Officer prior to any subcontractor work beginning.

Subcontracting any portion of the task order shall not relieve the Prime Contractor of any responsibility under this task order. Any subcontract agreement shall contain all terms and conditions of the prime task order.

G.4 INVOICE PROCESSING PLATFORM (IPP)

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

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will not be accepted. The Contractor must also attach a detailed invoice in IPP.

G.5 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract / task order 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 / task order and any modifications thereof except as reserved herein.

Reservations:______________"

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in the basic contract or this Task Order.

Submittal Title Referenced By

Specification No.

Submittal Date

Schedule of Work/Progress Schedule

Schedules For Construction

Contracts

[FAR 52.236-15]

With Proposal and then Updated when Necessary

Job-Specific Safety Plan

Section H & Accident

Prevention clause

[FAR 52.236-13]

Prior to Work Starting.

Copy of Required Insurance Coverage Section I Prior to Work Starting

Fire Plan R6-FS-6300-55 R6-FS-6300-52 part 2 in Section J Prior to Work Starting

Camping Permit Section H Prior to Work Starting

Designation of Representative R6-FS- 6300-6

Superintendence by the Contractor

[FAR 52.236-6]

At the Post Award Conference

Notification of Subcontracting & SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards)

[FAR 52.236-

11]and Section G

Prior to Subcontractor Starting Work

Payroll Record WH347 Certified Payrolls submitted weekly

Payrolls And Basic Records

[FAR 52.222-8]

Weekly Hard Copy

Drug Free Workplace Policy Drug-Free Workplace

[FAR 52.223-6]

Before Starting Work

Biobased or BioPreferred Products Section C & I With Proposal and then in accordance with FAR 52.223-2

Release of Claims Form Section I Prior to Final Payment Quality Control Plan FP-14 153.02 With Proposal Material Certifications and Testing Reports

Specifications Every 1,000 tons

Aggregate Weight Scaling Specifications Continuous During Operations Department of Ecology Permit for Rock Crushing

Specifications Prior to On-Site Work

Blasting Plan and Permit Specifications Prior to On-Site Work Hazardous Spill Plan Specifications Prior to On-Site Work

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H.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

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

B. Weather conditions: Typical NE Washington subject to seasonal limitations from November thru April

C. Transportation facilities: Open Forest roads with pit gate

D. Elevation: 2,250 feet to 2,400 feet

H.3 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (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 workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by 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 location of which are made know 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.4 LANDSCAPE PRESERVATION

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

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

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

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

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H.5 SPECIAL BLASTING TECHNIQUES

Government observations and appraisals indicate that the materials in the designated source require specialized blasting techniques in order to reduce the material to a size commensurate with the jaw limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

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 compliance with reasonable and customary manufacturing and construction tolerance.

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

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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 reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

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

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

H. 7 PRODUCT SUBSTITUTION

A. Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification. All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

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H.8 RIGHTS IN AND USE IN MATERIALS

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

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

H.9 WARNING SIGNS AND RESTRICTIONS

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

H.10 JOB-SPECIFIC SAFETY PLAN

Prior to the post award meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this task order. Some of these hazardous conditions are, but not limited to: blasting, heavy equipment operation, traffic control on haul routes, loading and unloading of materials, site security, noises and dust task order and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

H.11 SAFETY ITEMS

(a) 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.

(b) The following checked activities have been identified by the Government as potential safety hazards, but not limited to:

[X] Confined Entry Space.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree Felling.

[X] Fall hazard from work heights exceeding six feet.

[X] Blasting.

[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[X] Fire hazards.

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[X] Hazard materials handling.

[X] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Power tool operation including eye protection.

[X] Overhead hazards.

[ ] Steep slopes and /or downed logs.

[X] Insects.

H.12 PERSONAL PROTECTIVE EQUIPMENT

1. 29 CFR 1910 Subpart I, OSHA’s General Industry Personal Protective Equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

2. Before a worker begins operating equipment, the Contractor must train the workers on the in the safe operation and use of equipment to all workers using such equipment.

3. The Contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract / task order, whenever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

Head Protection Hearing Protection Eye/Face Protection Leg Protection Foot Protection Hand Protection

4. PPE must be sanitary and in reliable condition. Contractor shall not use defective or damaged PPE.

PPE must be inspected by the Contractor prior to use on each work shift to ensure it is in serviceable condition.

5. A checklist of applicable PPE Guidelines typical for the work performed under this task order is available at https://www.osha.gov/SLTC/personalprotectiveequipment/index.htm or OSHA 3151-12 R 2003 Personnel Protective Equipment Booklet and other locations.

6. At all times, the Contractor is responsible for performing a risk assessment and providing the necessary PPE for their operation on this contract/task order.

7. The Contractor shall be in compliance with the all field sanitations. OSHA’s established minimum standards for field sanitation is applicable to this task contract/task order. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

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H.13 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.

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

If the total oil or oil products storage exceeds 1,320 gallons, or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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

All petroleum products or other hazardous substances shall not be released on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by Contracting Officer or designated representative.

Contractor shall properly dispose of vehicle oil filters (drained of free-flowing oil), oily rags, and waste oil in accordance with Local, State, and Federal regulations off of Government property and shall transport such material in accordance with State and Federal regulations.

H.14 USE OF PREMISES

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

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

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

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H.15 WASHING OF EQUIPMENT

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

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

H.16 STORAGE AND STOCKPILING 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. Contract shall be responsible for making arrangements for storage on other than Forest Service administered lands.

This contract allows 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.

H.17 MATERIAL SOURCES

A. Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

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

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

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with FAR 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

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Government observations and appraisal indicate that the materials in the designated source may require specialized blasting techniques in order to reduce the material to a size commensurate with the limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

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

H.18 SPECIAL MATERIAL SOURCE REQUIREMENTS

Government observations of past entries indicate that the designated source will produce substantial amounts of material that required secondary breakdown prior to crushing and for utilization of materials.

The amount of material requiring secondary breakdown will vary with the Contractor’s drilling and blasting techniques and with the capability of the Contractor’s crushing plant. The Contractor shall be responsible for utilization of all materials produced by their source development operations.

H.19 DISPOSAL OF MATERIAL

Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

H.20 CONTRACTOR’S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this task order. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the task order.

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

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H.21 ROAD MAINTENANCE REQUIREMENTS

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

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

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

H.22 FIRE PRECAUTIONARY MEASURES

The following Fire Precautionary Measures listed in Section J – List of Attachments are applicable to this task order. This includes:

1. Fire Protection and Suppression (Eastside), Form R6-FS-6300-52

2. Fire Precautionary Measure 2 – Communications, Form R6-FS-6300-54

H.23 ADDITIONAL INFORMATION FOR FAR 52.236-21, SPECIFICATIONS AND

DRAWINGS FOR CONSTRUCTION

The following is the order of precedence if there is a discrepancy in the figures, in the drawings, or in the specifications (reference FAR 52.236-21 Specifications and Drawings for Construction”:

Plans Order of Precedence:

(a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale task order plans over small scale task order plans

(c) Schedules on task order plans over any conflicting notations on task order plans

H.24 ADDITIONAL INFORMATION FOR FAR 52.215-8 ORDER OF PRECEDENCE –

UNIFORM CONTRACT FORMAT

For clarification, add “Drawings” as number 6.

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SECTION I--CONTRACT CLAUSES

I.1 CLAUSES IN BASE IDIQ CONTRACT.

All clauses referenced or in full text in the base IDIQ contract are made part of this task order. The following causes in this Section are also made part of this task order.

I.2 FAR 52.217-7 OPTION FOR INCREASED QUANTITY _ SEPARATELY PRICE LINE

ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor by the end of the task order.