A-7RFP.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:

CROOKED RIVER VALLEY REHABILITATION PHASE 1

Red River Ranger District Nez Perce-Clearwater National Forests Idaho 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 - 4

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 9

SECTION E - INSPECTION AND ACCEPTANCE 10

SECTION F - DELIVERIES OR PERFORMANCE 11

SECTION G – CONTRACT ADMINISTRATION DATA 12 - 13

SECTION H - SPECIAL CONTRACT REQUIREMENTS 14 - 21

H-14 - Invoice Processing Platform (IPP)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 22 - 31

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 32 - 44

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications K- 3 – Information Regarding Responsibility Matters K- 4 – 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.

12034318R0012

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/24/2018

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

895736

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):

Crooked River Valley Rehabilitation Phase 1

Red River Ranger Station Nez Perce-Clearwater National Forests Idaho County, Idaho

Price Range: The Government’s estimate is between $500,000 and $1,000,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY WEDNESDAY, MAY 23, 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 31, 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. _________________

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

CROOKED RIVER VALLEY REHABILITATION –PHASE 1

RED RIVER RANGER DISTRICT

NEZ PERCE-CLEARWATER NATIONAL FOREST

IDAHO COUNTY, IDAHO

B- 1 Schedule of Items

DQ

CUBIC

YARDS

50,200

4,100

2,263

AQ

HOURS

TOTAL (All Base Items 1-14): $_____________________________________________

ADDITIVE ITEM DESCRIPTION

TOTAL (All Base + Additive Item 1-15): $_____________________________________

* Designated Method of Measurement:

DQ – Designed Quantities; AQ - Actual Quantities, LSQ - Lump Sum Quantities;

B-2 PRICE PROPOSAL INSTRUCTIONS: Complete Schedule of Items B-1. Provide total amounts for all Items 1-15 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 Additive Item 15 – Large Wood Structure – Type 1 shall be made concurrent with award of the Base Items numbered 1-14. Award of the additive item, in whole or in part, is dependent upon funding availability. The government reserves the right to award a quantity of Additive Item 15 less than the total estimated quantity based on the unit prices offered; however, award shall not exceed the 19 total structures estimated. This right applies to the Additive Item only.

In addition, the Contractor shall give a price per hour for Items: 12 Excavator and Operator, 13 Dump Truck and Operator and 14 Bulldozer and Operator for additional work above the estimated quantities that is encountered during the contract performance. See H-16 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.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID180051, 04/06/2018: 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).

B-6 - IDAHO USE TAX - Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding the applicability of the Idaho Use Tax to the performance of this contract should be directed to the Idaho State Tax Commission at (208) 799-3491.

See Section G-3 for a description of the GFP to be provided under this contract.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 – PROJECT DESCRIPTION AND LOCATION

(a) Objectives and Background:

The objective of the Crooked River Valley Rehabilitation Project is to address the impacts of historical dredge mining on aquatic habitat conditions. The Crooked River Valley Rehabilitation project was designed to be constructed in multiple phases over 6 years. The Phases include building a bypass channel, rebuilding floodplain and river channel, and adding large wood structures if funding allows. Phase 1 Bypass work was completed in 2016, Phase 2 Bypass Work was complete 2017, and Option 2 was completed in 2017. The project is being performed on the Red River Ranger District of the Nez Perce Clearwater National Forests in collaboration with the Nez Perce Tribe Watershed Program and funded by Bonneville Power Administration.

(b) Scope of Work:

This contract is for Phase 1 of the Crooked River Valley Rehabilitation Project on the Nez Perce- Clearwater National Forest, Idaho County, Idaho. Phase 1 includes completing approximately 300 feet of bypass channel, constructing a diversion structure and activating a section of the previously built bypass channel, installing a government furnished temporary bridge, regrading 22 acres of tailings piles and importing fill material from the south staging area, and constructing 4,200 feet of new river channel with pools, riffles and channel features. Slash salvaged from the work area and already stockpiled at the south staging area will be spread on along 10 acres of floodplain to provide roughness. The Additive Item requires the installation of large woody debris structures. Up to 19, or no structures may be selected for construction under this contract. Large wood for the structures is available from salvaged material and stockpiled material on site. Contractor shall perform survey and construction staking. Contractor shall furnish all labor, equipment, structures, supervision, transportation, operating supplies (except those designated as Government-furnished), and incidentals necessary to complete the project as required by the contract, plans, and specifications.

(c) Description of Work.

In channel work shall occur during the fish window beginning July 15, 2018. The temporary bridge installation and most material salvage can be done prior to the fish window. Fish salvage will occur in over one mile of river. The Contractor shall assist salvage by reducing flows in the mainstem channel in cooperation with the Government, pumping large pools, and maintaining low turbidity levels. The Contractor shall excavate the plug to the bypass channel and construct a temporary diversion structure to reduce flow in the main channel. The Government will begin fish salvage operations and work to remove fish from the river. The Contractor shall work with the Government to pump down approximately 20 pools. Fish salvage operations are expected to take up to 5 days. Once fish salvage is complete and the entire river channel is diverted into the temporary bypass channel, the contractor shall construct the specified diversion structure.

The Contractor shall maintain the haul road internal to the project as necessary. In addition, the Contractor shall install and maintain for the duration of the project the temporary bridge described in Section 06000. The bridge is sized to withstand the Q25 (1,316 cfs) and maintain 2 feet of freeboard. The height of the existing levee road corresponds to the Q25. The span of the temporary bridge is approximately 50 feet. The temporary bridge shall remain in place upon contract completion.

Twenty-two acres of floodplain shall be regraded. The existing floodplain is approximately 50% river channel or ponds and wet conditions should be expected when grading the floodplain. The Contractor shall construct hardened and elevated temporary access routes on the floodplain as needed to complete the work. Approximately 50,200 cubic yards of tailings piles will be graded and an additional 6,200 cubic yards of tailings shall be imported from the south staging area to meet grading requirements and final floodplain slope. Unsuitable floodplain material shall be sorted, if needed, to meet proper material gradations. The Contractor shall construct floodplain features according to the design, including depressions, swales, side channel and wetland features.

Vegetation and trees, from within the work area, (with rootwads) shall be salvaged, sorted and stockpiled on site. Trees will be sorted into specified sizes to be used in large wood jams. Brush and small wood shall be placed on approximately 10 acres of the floodplain upon completion of the regrading to protect the floodplain during high flows. Floodplain shall be seeded prior to demobilization.

The Contractor shall construct 4,200 feet of new river channel per the design. Riverbed fill and the streambank material may need to be sorted or screened to meet gradation specifications if suitable material is not found. The Contractor shall screen riffle material to ensure proper gradation. Larger boulders for riffle construction may be sorted from material on site, or imported from a government source near the mouth of Crooked River, along Highway 14, approximately 2 miles north of the project site. If material is imported from off-site, the Contractor shall maintain Idaho County Road 233 as needed and coordinate with appropriate State and County offices to ensure that load limit restrictions are met and/or proper permits are obtained.

(d) Project Location: The project is approximately 45 mi east of Grangeville, Idaho. At the junction of Highway 14 and the Crooked River Road (FR 233, MP 41), travel south for approximately 2.0 miles to the beginning of the project area.

(e) Price Range: Government cost estimate, per FAR 36.204, is between $500,000 - $1,000,000.

(f) Pre Bid Tour A pre-bid tour is planned for May 8, 2018. See Section L-12 FAR 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995) for details.

For further information, please contact Karen Ruklic, Contracting Officer, Nez Perce-Clearwater National Forest at 208-983-5144.

(g) Period of performance: Estimated start date: July 1, 2018 for Phase 1. Completion deadline: October 31, 2018. The instream work window to dewater the main channel and activate bypass channel is after July 15, 2018. (See Section F, FAR Clause 52.211-10 Alt I.)

(h) Government-furnished property:

· Woody Material harvested by contractor on site.

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

· Various gradations of soil and rock – sorted on site by contractor or stockpiled at south staging area.

· Vegetative Fill, excavated/sorted by contractor on site.

· Boulders for Riffles, sorted from material on site, or imported from a government source.

· Riprap for Diversion Structure - sorted from material on site, or imported from a government source.

· Temporary Bridge - Big R Steel Girder Bridge

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

C-2 - TECHNICAL SPECIFICATIONS

Stand-alone technical specifications have been prepared for the Crooked River Valley Rehabilitation project; Phase 1. The Technical Specifications for the Large Wood Structure - Type 1 Additive Bid Item are included; however, this fact does not guarantee that all or any will be awarded. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. The technical specification are found in a separate attachment in Section J.

C-3 - DRAWINGS- Entitled “CROOKED RIVER VALLEY REHABILITATION PHASE 1” and BIG R BRIDGE. The following drawings are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J.

CROOKED RIVER VALLEY REHABILITATION; PHASE 1

BIG R BRIDGE

C- 4 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 – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E-3 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

PART I - THE SCHEDULE

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 – http://www.dm.usda.gov/procurement/policy/agar.html.

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 31, 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.

All stream work must occur after July 15, 2018. Mechanized equipment is prohibited from entering the active channel prior to this date.

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 31, 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 within 30 days of commencement of work. The conference will be held at the Nez Perce Clearwater National Forest’s Office, 104 Airport Road, Grangeville, ID and will include discussion of such topics as contract terms and work performance requirements, work progress schedule and safety plans.

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 52.245-2 contained in Section I of the contract.

· Woody Material for Large Wood Structures and Floodplain roughness logs, stockpiled at south staging area and /or harvested by contractor on site.

· Small-Medium Trees and Brush, for floodplain roughness and vegetation salvage, stockpiled at south staging area and/or harvested by contractor on site.

· Various gradations of soil and rock – sorted on site by contractor or stockpiled at south staging area

· Vegetative Fill, sorted by contractor on site. To be stockpiled at south staging area.

· Boulders for Riffles, sorted from material on site, or imported from a government source near the mouth of Crooked River, along Highway 14, approximately 2 miles north of the project site.

· Riprap for Diversion Structure - sorted from material on site, or imported from a government source near the mouth of Crooked River, along Highway 14, approximately 2 miles north of the project site.

· Temporary Bridge - Big R Steel Girder Bridge – furnished “as-is”. The bridge is currently stored within the Salmon River Ranger District Wareyard in Grangeville, Idaho. Offerors may view the bridge by appointment or during the organized site visit. Contact Chris Wolffing at (208) 983-5153 or email cwolffing@fs.fed.us to schedule an appointment. A minimum of 24 hour notice must be given to ensure access to the bridge.

G-4 - SUBMITTAL/NOTIFICATION TIMELINES

The submittal and notification timelines required are provided in the Technical Specifications 01300.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 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.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

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 amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-2 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.

(c) 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.

(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 containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) 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.

(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-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.

1. 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.

1. Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to October 30.

1. Transportation Facilities. Access from Grangeville is Mount Idaho Grade to State Highway 14 for approximately 29 miles to Crooked River Road 233. The project area is adjacent to County Road 233 from approximate Mile 0.25 to Mile 2.25. State Highway 14 is a two lane, asphalt highway with shoulders and regular turnouts. Crooked River Road 233 is a lane and a half, gravel road without shoulders or turnouts. It is the Contractor’s responsibility to coordinate with appropriate State and County offices to ensure that load limit restrictions are met and/or proper permits are obtained.

During the summer construction season, road reconstruction work will occur on Hwy 14 near MP 39. The highway will be restricted to one lane traffic between approximately July 10 and August 30, at this location. The potential exists for further width restrictions during this period. The Contractor shall coordinate directly with the Idaho Department of Transportation during equipment mobilization.

Road 233 is an Idaho County maintained road. The Contractor shall observe and follow all County regulations pertaining to haul on this road and obtain all necessary permits. Hauling shall not occur on Road 233 after 12 pm on Fridays or weekends. Logging traffic on the 233 Road is anticipated through mid- August (approximately 12 loads per day).

(d) Material Source/ Stockpile Site.

(a) South Staging area

a. Location: Within the project site, just to the south along temporary haul route

b. Inventory: Woody material, small/ medium trees and brush, various gradation of soil and rock, 700 CY of wood chips (not used in this phase),

c. Stockpile: Excess wood material including slash, salvaged vegetative fill, excess soil and rock material sorted by riverbed fill vs floodplain fill. All material stockpiles shall be as approved by Government.

(b) Government Source along Hwy 14, near mouth of Crooked River

a. Location: From project site, travel north on FS Road 233 for 2 miles to Highway 14. Stockpiled rock is along Highway 14, just upstream of the Crooked River Bridge.

b. Inventory: Boulders and Riprap. Approximately 90 CY of boulders for use in Riffles, is stockpiled within the project area; the remaining boulders may be found near Hwy 14.

H-4 - NOXIOUS WEED CONTROL. (2/96) 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 the work area. 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.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location off Forest Service land. The Contractor shall give the Forest Service at least 48 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales and erosion controll devices 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-5 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 with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTDC), published by the Federal Highway Administration and applicable safety codes. The MUTDC can be read or downloaded at http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm.

As a minimum, it is anticipated that the following type and number of signs will be required:

H-6 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. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service and refuel all equipment at least 150 feet away from water bodies 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 and other hand 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, Section General, Note 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-7 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.

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

H- 8 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H-9 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All…