A-7TwoMileConstructionRFP.docx

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Two-Mile Meadow Restoration

Palouse Ranger District Nez Perce-Clearwater National Forests Latah County, Idaho

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5

SECTION C - DESCRIPTION/SPECIFICATIONS 6 - 9

SECTION E - INSPECTION AND ACCEPTANCE 10

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 11

SECTION G – CONTRACT ADMINISTRATION DATA 12

SECTION H - SPECIAL CONTRACT REQUIREMENTS 13 - 21

H-15 - Invoice Processing Platform (IPP) H-16 - Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 22 - 37

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 38 - 50

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications K- 3 – Corporate Tax Delinquency/Felony Conviction Representations

L- 4 - Facsimile Proposals and E-Mail Proposals

for Construction

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034318R0010

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

3/21/2018

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

895471

6. PROJECT NO.

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC

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

(208) 983-5144 or email: kruklic@fs.fed.us

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):

Two-Mile Meadow Restoration

Palouse Ranger Station Nez Perce-Clearwater National Forests Latah County, Idaho

Price Range: The Government’s estimate is between $250,000 and $500,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY Tuesday, April 24, 2018 AT 4:00 PM PST.

11. The Contract time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than October 1, 2018. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10, Alt I)

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. _________________ TIN: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

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.)

PLEASE COMPLETE THIS BLOCK

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

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

USDA – Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs Grangeville Office - 104 Airport Road Grangeville, Idaho 83530

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

KAREN RUKLIC

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Two-Mile Meadow Restoration

Palouse Ranger District Nez Perce-Clearwater National Forests Latah County, Idaho

B-1 SCHEDULE OF ITEMS

PRICE

TOTAL (All Base Items 1-26):$_____________________________________

OPTIONAL ITEM

DESCRIPTION

TOTAL (All Base + Optional Items 1-27):$______________________________________

Acronyms: LS – Lump Sum; EA – Each; AC – Acre; LF – Linear Foot; CY – Cubic Yard; HR - Hour

B-2 PRICE PROPOSAL INSTRUCTIONS: Complete Schedule of Items B-1. Provide total amounts for all items 1-27 and unit prices for all items not designated as Lump Sum. Provide unit prices to the nearest dollar and do not round the extended totals.

Award of Optional Item 27 – Stick Berms shall be made concurrent with award of the Base Items numbered 1-26. Award of the optional item, in whole or in part, is dependent upon funding availability. The government reserves the right to award a quantity of Optional Item 27 less than the total estimated quantity based on the unit price offered; however, award shall not exceed the 280 LF estimated. This right applies to the Optional Item only.

In addition, the Contractor shall give a price per hour for Items: 24 Hydraulic Excavator w/Thumb and Operator, 25 Dump Truck and Operator and 26 Water Truck and Operator for additional work above the estimated quantities that is encountered during the contract performance. See H-5 for details. **The Government does not guarantee that any hourly work shall be ordered and reserves the right to reduce or eliminate entirely the work under these items with no adjustment in contract unit price.

B-3 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, a completed Schedule of Items (Section B-1), a Technical Proposal, an original bid bond, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form (provided in Section J). Corporate offerors are also required to submit forms AD-3030 and AD-3031 (provided as attachments to the solicitation). Corporate offerors are also required to submit forms AD 3030 and AD 3031 (provided as attachm ents to the solicitation).

Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

B-4 PAYMENT FOR BOND PREMIUMS Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Item 1 - Mobilization and Demobilization.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID180065, 03/02/2018: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $28.60 per hour rate with $11.85 fringe benefits (conformed Fall 2017 for Idaho County).

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Background

Through Two-Mile Meadow, the East Fork Potlatch River has been diverted out of its historic channel, as a result of past logging and railroad operations and associated extirpation of beavers, negatively impacting the existing floodplain and riparian environment. The purpose of this project is to restore meadow hydrology to a state that supports healthy native meadow and riparian conditions, including restoring the stream to its historic channel and elevations. The project is designed to slow water and enhance groundwater recharge, prevent the introduction of sediment into East Fork Potlatch River from excessive streambank and bed erosion, and promote natural native vegetation and riparian and wetland areas.

C-2 Scope of Contract

This project, referred to as the Two-Mile Meadow Restoration Project , is being performed on the Palouse Ranger District of the Nez Perce-Clearwater National Forests in collaboration with the Latah Soil and Water Conservation District (Latah SWCD). The project, in Latah County, Idaho in Sections 13 and 24 of Township 40 North, Range 01 West, is located along the East Fork Potlatch River approximately 3 miles due east of Helmer, Idaho. It includes two distinct locations: Upper Two-Mile Meadow and Lower Two-Mile Meadow, which are collectively referred to in these Special Provisions as the Site. Two-Mile Meadow is located directly east of Forest Road 3227, off Forks Road (Forest Road 3332). Refer to the Drawings for an illustration of each location and the overall project vicinity.

In general, the project consists of the following components: development of temporary access routes; removal of railroad berms; earthwork operations for construction of a channel diversion structure, ditch plugs, constructed channel segments, and fill areas; off-channel habitat and streambank treatments; sod harvest, replant, and storage; construction of habitat structures; addition of floodplain microtopography, logs, and slash; installation of fence; construction of livestock ramps; and coordination with the Forest Service Contracting Officer (Government) or their representative for dewatering and fish salvage, revegetation, and adherence to various site controls.

Construction for this project shall occur between June 1 and October 1. Work in the meadow shall not commence until the meadow is deemed by the government to be dry enough that damage will not occur but no later than July 1. Work in-stream shall not commence until approved by the Government and shall occur only between July 15 and September 15. The project will commence after Notice to Proceed is issued by the Government. All equipment must be off Site by October 1 of each year. Contractor shall plan and schedule Work under this project accordingly.

All work shall be in compliance with this solicitation’s terms, conditions, specifications, drawings and attachments. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals except those designated as Government furnished.

C- 3 Project Location

This project is located on the East Fork of the Potlatch River in Latah County, Idaho approximately 3 miles east of Helmer, Idaho. Refer to the Drawings for an illustration of the overall project vicinity. Access to the site is from Idaho State Highway 8 to Forks Road 3332 to Forest Road 3227 which accesses the project site.

C- 4 Project Magnitude

Government Cost Estimate, per FAR 36.204, is between $250,000 and $500,000.

C-5 Pre-Bid Tour

No formalpre-bid tour is scheduled for this project. Interested contractors are encouraged to visit the project site prior to submittal of prices and technical proposal. See Section L-12 - FAR 52.236-27 Site Visit (Construction) in Section L for details.

C-6 Pre-Proposal Conference A pre-proposal conference will be held. See Section L-14 - AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988) for complete details.

C-7 Start Work It is estimated that work will begin after during the month of June 2018 dependent upon meadow conditions. No work shall commence prior to June 1, 2018.

C-8 Performance Period All instream work must be performed between July 15, 2018 and September 15, 2018. Operation of equipment in the active channel is prohibited outside this period. All work must be completed by October 1, 2018. See Part I, Section F, Clause 52.211-10 Alt I.

C-9 – Government Furnished Material

· Large Wood Material – harvested on site by contractor

· Small-Medium Trees, Brush, and Sod - harvested on site by contractor

· Various gradations of soil and rock – sorted on site by contractor

· Vegetative Cuttings– delivered to site by government

· Ground Protection Mats – delivered to site by Government

See Section G-3 and FAR 52.245-1 in Section I-1 for additional information.

C-10 – Technical Specifications

Stand-alone technical specifications have been prepared for the project. They are entitled “Two-Mile Meadow Restoration Project Phase 1 Special Provisions” and are located in a separate attachment in Section J. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

C-11 – Drawings The following drawings, entitled Two-Mile Meadow Restoration Project Phase 1, are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J. The requirements contained in these drawings are hereby made a part of this solicitation and any resultant contract.

C- 12 Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

SECTION E - INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 1, 2018. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

Work in the meadow shall not commence until the meadow is deemed by the government to be dry enough that damage will not occur but no later than July 1, 2018. All instream work must occur between July 15, 2018 and September 15, 2018.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from July 1, 2018 through October 1, 2018.

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 within 30 days of the commencement of work. The conference will be held at Nez Perce – Clearwater National Forest, Orofino Office, 12370 Hwy 12, Orofino, Idaho. Another location may be selected upon mutual agreement.

G-2 CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

G-3 - GOVERNMENT-FURNISHED PROPERTY

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

· Woody Material for Large Wood Structures and Floodplain logs (to be harvested by contractor on site). See Bid Item 5 – Tree and Slash Removal and Stockpiling, Page 24 of Special Provisions for additional information.

· Small-Medium Trees, Brush, and Sod (to be harvested by contractor on site). See Bid Item 5 – Tree and Slash Removal and Stockpiling, Page 24 of Special Provisions for details

· Various gradations of soil and rock – sorted on site by contractor.

· Vegetative Cuttings– delivered to site by government. The vegetative cuttings and rooted plants shall be delivered by the government to the staging area. See Special Provisions, Section – 3.0 for notice requirements and other details.

· Ground Protection Mats – delivered to site by Government. See –Special Provisions, Appendix A for pictures and details.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 KEY PERSONNEL

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be modified from time to time during the course of the contract to either add or delete personnel, as appropriate.

H- 3 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 plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to October 15. Meadow is likely too wet to access/work until July 1.

(c) Transportation Facilities. The project is approximately 5 mi east of Deary, Idaho. At the junction of Highway 8 and the Forks Road (FR 3332), travel generally east for 2.5 miles, then south on road 3227 for which access the site. Highway 8 is a double lane paved road; FR 3332 is a two lane gravel road. Road 3227 is a single lane gravel road with FS gates at MP 0.0 and MP 0.6.

The project is located in T40N, R1W Sections 13 and 24 and can be reached by automobile (Highway 8 and FR 3332) and high clearance vehicles (FR 3227). FR 3227 is a two mile long road recently improved to be navigable by dump trucks but with no lowboy access. Project area is typically snow covered from November-May.

H-4 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The following signs will be required through the whole project:

Location

Designation

Quantity

H-5 EQUIPMENT RENTAL

Items 24-26 require furnishing and operating equipment for work ordered by the CO. Work ordered shall be of the same general type outlined within the project specifications and shall occur on the project site or at locations within the general vicinity that are utilized for this specific project (i.e. waste sites, government borrow/material locations, access roads and/or temporary material storage sites). In general, this work shall accomplish the following objectives: remove unsuitable material, improve site drainage, control erosion and abate dust on the project site and access routes, and improve stream function and meadow/fish habitat.

This work shall be authorized in advance by the Government; there is no guarantee that any hourly work will be ordered. Make equipment available for inspection and approval before use. Furnish and operate equipment with such auxiliary attachments, oilers, etc., as are customarily required for efficient operation of the equipment. Keep the equipment in good repair and operating condition. Daily written records, such as shift tickets to record the number of unithours of operation are required to be signed and submitted with invoices. Do not measure time for moving equipment between project work sites. Do not measure non-operable equipment or equipment dependent upon another piece of non-operable equipment.

Payment. The working rate specified in the Schedule of Items shall be paid for all hours of actual operation of equipment on authorized work. Only quantities approved by the CO shall be accepted under this contract. The accepted quantities will be paid at the contract price per unit of measurement for the Rental Equipment pay item listed in the schedule of items. Payment will be full compensation for the work done and accepted. Adjustment of contract prices as described in FAR 52.211-18 Variation in Estimated Quantities shall not apply to hourly work. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in the contract unit prices.

H-6 CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the C.O.R.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to CO and the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof and wildlife proof (bear, racoon) containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

(k) The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H-7 ENVIRONMENTAL PROTECTION

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. No fuel, including fuel cans for pumps, shall be stored within 150 feet of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous materials are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous material according to 29 CFR 1910.120). Notify the Forest Service in writing of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Equipment Fuel/Oil Leakage

All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws, pumps, and other power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Contractor is required to have a Spill Kit or equivalent that contains oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

Fish-Friendly Hydraulic Fluids

In accordance with Technical Specification 01505, Mobilization and Demobilization, Subpart 1.1 - 4, equipment that will be used in live water shall utilize hydraulic fluid that is non-toxic to salmonids. The criteria used to determine if the hydraulic fluid is nontoxic to salmonids during acute exposure is found in footnote 1. According to guidance provided by the National Oceanic and Atmospheric Administration, the following products meet the required criteria:

· Chevron Clarity Hydraulic Oil A W

· Ecoterra Hydraulic Oil

· GreensCare Plus

· Mobil EAL 224H

· ENVIRON™ AW HYDRAULIC FLUIDS

The government does not endorse any of these specific products and urges contractors to perform independent research regarding the performance characteristics of each product.

H-8 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to national forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-9 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.

(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, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water 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.

H- 10 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only…