AG0261S130031_SF1442_T_and_C.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

629598

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN TANYA ARNBERGER

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

TANYA ARNBERGER (208)373-4186

1x 04/09/2013

AG-0261-S-13-0031

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

REPLACEMENT OF CULVERTS AT UPPER DEWEY CREEK AND UPPER JOKER CREEK ON THE PAYETTE

NATIONAL FOREST.

THE MAGNITUDE FOR THIS PROJECT IS BETWEEN $100,000 and $250,000.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 calendar days and complete it within ________________ ________________ calendar days after receiving

SECTION F - FAR 52.211-10

05/01/2013

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN TANYA ARNBERGER

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

MATTHEW A. MORRIS

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0261-S-13-0031

Upper Dewey Creek and Upper Joker Creek Culvert Replacement Delivery: 08/15/2013 Delivery Location Code: 02WW

PAYETTE NATIONAL FOREST

800 WEST LAKESIDE AVE

MCCALL ID 83638 US

FOB: Destination

001 UPPER DEWEY CREEK CULVERT REPLACEMENT 1 JC

Product/Service Code: Y1LB Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

002 UPPER JOKER CREEK CULVERT REPLACEMENT 1 JC

Product/Service Code: Y1LB Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

UPPER DEWEY & UPPER JOKER CULVERT REPLACEMENT

PAYETTE NATIONAL FOREST

RFQ AG-0261-S-13-0031

AT A MINIMUM, PLEASE PROVIDE THE FOLLOWING:

1. SF-1442

a. Completed, signed and dated.

b. rovide your DUNS NUMBER. Block 14

2. Fill out the pricing schedule for all items Attachment 6. Please complete both pages (tabs). Please note there is pricing for Upper Dewey Creek Culvert Replacement and Upper Joker Creek Culvert Replacement. Only complete the “salmon” colored cells on the spreadsheet.

3. Representations and Certifications Section K 52.204-8 and 452.209-70. If you have completed the Representations and Certifications via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov, please only submit a response to Paragraph (b) Pg. 17 and

20. We will not need a response to the rest of 52.204-8 unless there are deviations from your from your on-line response in ORCA.

4. Provide Liability insurance verification with proposal

5. Complete Idaho workers comp form www.iic.idaho.gov/forms/ic_wc_verification.pdf

6. Provide Past performance for RECENT AND RELEVANT projects

Submit your information to one of the following:

Email: TEARNBERGER@fs.fed.us

OR MAIL TO:

Tanya E. Arnberger Contract Specialist, SWINAC USDA Forest Service, Region 4 1249 S. Vinnell Way, Suite 200 Boise, ID 83709

PLEASE ENSURE YOU ARE ACTIVE IN WWW.SAM.GOV AND THAT YOUR

REPRESENTATIONS AND CERTIFICATIONS ARE COMPLETE. REFER TO THE CENTRAL

CONTRACTOR REGISTRATION CLAUSE, FAR 52.204-7 AND 52.204-8 ANNUAL

REPRESENTATIONS AND CERTIFICATIONS.

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 4 of 40 http://www.iic.idaho.gov/forms/ic_wc_verification.pdf http://www.sam.gov/

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

PLEASE NOTE: THERE ARE TWO BID SCHEDULES

PLEASE PROVIDE A SUBTOTAL FOR EACH ONE AND A GRAND TOTAL ON THE TOTAL

TABLE.

Upper Joker 50486 MP 1.8 Culvert Replacement Council Ranger District Payette National Forest

Idaho County, Idaho B- 1.A Schedule Of Items

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

151-01a

Mobilization

Lump Sum

152-21a

Construction Survey and Staking, 157-13a

Soil Erosion and Pollution Control

203-05a Removal Structures and Obstructions, Remove from Project

209-01a

Structure Excavation

251-01a

Placed Riprap, Class 3

Cubic Yard

308-09a* Roadway Aggregate Surfacing (commercial source), Compaction Method 2.

552-01a Structural Concrete Class A for Precast Footings

603-01a 12’-0” Span 6’-3” Rise, Structural Plate Pipe Arch, 12 Gage Thickness foot

625-03a

Turf Establishment (Government supplied seed)

648-02a

Placed fish rest stop rock, channel rock size 2

Each

648-05a

Placed streambed simulation rock, Bed Class 10, Method A

***Complete attached Construction Cost Estimate Breakdown or equivalent with all cost represented***

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 5 of 40

Upper Dewey 50165 MP 10.9 Culvert Replacement Council Ranger District Payette National Forest

Idaho County, Idaho B- 1.B Schedule Of Items

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

151-01b

Mobilization

152-21b

Construction Survey and Staking, 157-13b

Soil Erosion and Pollution Control

203-05b Removal Structures and Obstructions Remove From Project

209-01b

Structure Excavation

308-09b*

Roadway Aggregate Surfacing (commercial source), Compaction Method 2

553-01b Precaset Concrete Bridge (including wingwalls, footings and curb), Design, Fabricate, Transport and Install

625-03b

Turf Establishment (Government supplied seed)

633-06b Object Markers Each 4

648-05b

Placed Streambed Simulation Rock, Bed Class 10, Method A

***Complete attached Construction Cost Estimate Breakdown or equivalent with all cost represented***

Note: * Next to an Item Number indicates that the quantity shown is a Contract Quantity per FP-03 Specification 109.02. The supplemental specification 109.02 states “contract quantities will be adjusted only when there are errors in the original design of 15% or more.”

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Mobilization: Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

No separate payment will be made for traffic control. Traffic control is an indirect pay item with 151.01 Mobilization. Road 50074 will be closed by a closure order during construction. See supplemental specification 156 - Public Traffic.

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 6 of 40

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

This contract shall consist of the following work:

1) Install ROAD CLOSED signs on Type III barricades.

2) Submit an erosion control plan that will show the stream diversion plan.

3) Remove and dispose of existing arch pipes.

4) Salvage rock for stream simulation material from the excavation.

5) Set and maintain survey control staking by referencing Government supplied control points.

6) Install concrete footings and metal arch at Upper Joker.

7) Install precast box at Upper Dewey

8) Place salvaged stream simulation rock to construct a natural stream channel

9) Protect electric cattle fence at Upper Dewey, install brackets and posts on new precast box, and reinstall electric fence.

10) Backfill and place aggregate surfacing on the new road.

11) Haul any excess material to the disposal sites shown on the plans.

12) Haul and place commercial crushed aggregate.

13) Seed disturbed areas with government supplied seed.

14) The work shall be carried out in accordance with the lines, grades, notations, and dimensions shown in the plans.

C- 2 Project Location

The Upper Dewey site may be reached from Council by driving the Mill Creek Road 50165 up to Shingle Flat Road and then down the 186 road to the East Fork Weiser Road 172. Drive up the 172 road for approximately 16 miles to the junction of the 50165 road. Drive approximately 2 miles west on 50165 to the Upper Dewey Creek Site.

The Upper Joker site may be reached by driving on the 50172 road to the junction of road 50486. Drive approximately 3 miles on the 50486 road to the site.

The East Fork Weiser Bridge is scheduled to be completed in early summer of 2013, and after it is completed the easier access to the Upper Dewey and Upper Joker will be by driving up the 50172 road from the intersection of the 50172 road and State highway 95.

C- 3 Contract Time

Estimated award date is May 6, 2013. Construction shall be completed by August 15, 2013.

C- 4 List of Specifications

The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word .doc or Adobe Acrobat .pdf format.

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 7 of 40 http://www.wfl.fha.dot.gov/design/specs/fp03.htm

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable.

FP-03 101 Terms, Format, and Definitions FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FP-03 103 Scope of Work FSSS 103 Scope of Work FP-03 104 Control of Work FSSS 104 Control of Work FP-03 105 Control of Material FSSS 105 Control of Material FP-03 106 Acceptance of Work FSSS 106 Acceptance of Work FP-03 107 Legal Relations and Responsibility To the Public FSSS 107 Legal Relations and Responsibility To the Public FSSS 108 Prosecution and Progress FP-03 109 Measurement and Payment FSSS 109 Measurement and Payment FP-03 151 Mobilization FSSS 151 Mobilization FP-03 152 Construction Survey and Staking FSSS 152 Construction Survey and Staking FP-03 153 Contractor Quality Control FSSS 153 Contractor Quality Control FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FP-03 157 Soil Erosion Control FSSS 157 Soil Erosion Control FP-03 201 Clearing and Grubbing FSSS 201 Clearing and Grubbing FP-03 203 Removal of Structures and Obstructions FSSS 203 Removal of Structures and Obstructions FP-03 209 Structure Excavation and Backfill FSSS 209 Structure Excavation and Backfill FP-03 251 Riprap FSSS 251 Riprap FSSS 308 Minor Crushed Aggregate FP-03 552 Concrete FSSS 552 Structural Concrete for Precast Footings for Upper Joker FSSS 553 Upper Dewey Precast Box Culvert FP-03 603 Structural plate Structures FSSS 603 Structural Plate Structures FP-03 625 Turf Establishment FSSS 625 Turf Establishment

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 8 of 40

FSSS 648 Stream Simulation FP-03 705 Rock FSSS 705 Rock

NOTE:

Offerors are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of bids. All specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

C- 5 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.

C- 6 Technical Requirements

Specific construction drawings and Supplemental Project Specifications are included in Section J. All items shown or noted on plans, which are not specifically bid items, are considered indirect payment items, per FP-03, Section 109.05(b). The cost of furnishing and installing all indirect payment items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

C- 7 Order of Precedence - Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1) The Schedule of Items (excluding the Specifications) (Sections A-H)

2) Representations and other instructions (Sections K and L)

3) Contract clauses (Section I)

4) Other documents, exhibits, and attachments (Section J)

5) Forest Service Supplemental Specifications (FSSS)

6) Standard Specifications (FP-03)

7) Plans, figured dimensions over scaled dimensions

8) Plans, large scale contract plans over small scale contract plans

9) Schedules on contract plans over any conflicting notations on contract plans

10) Shop drawings

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 9 of 40 http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction (AUG 1996)

CLAUSES INCORPORATED BY FULL TEXT

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 https://www.acquisition.gov/far http://farsite.hill.af.mil

Agriculture Acquisition Regulations http://www.dm.usda.gov/procurement/policy/agar.htm http://farsite.hill.af.mil

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 10 of 40 https://www.acquisition.gov/far http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar.htm http://farsite.hill.af.mil/

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 15, 2013. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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 https://www.acquisition.gov/far http://farsite.hill.af.mil

Agriculture Acquisition Regulations http://www.dm.usda.gov/procurement/policy/agar.htm http://farsite.hill.af.mil

(End of clause)

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 11 of 40 https://www.acquisition.gov/far http://farsite.hill.af.mil/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 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 hand tool 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

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 12 of 40 mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position 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 be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 13 of 40

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

AG-0261-S-13-0031 UPPER DEWEY & UPPER JOKER CULVERT Page 14 of 40

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H-2 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H-3 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 tolerances.

H-4 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

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, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-6 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

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The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area.

All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-7 Traffic Control

No separate payment will be made for traffic control. Traffic control is an indirect pay item with 151.-1 Mobilization. Road 50487 will be closed by a closure order during construction. See supplemental specification 156 - Public Traffic.

There are routes that can be taken in order to drive to the east side of the bridge (which is the abutment 2 side on the drawings). The shortest alternate route is the Mill Creek Road. In order to reach this alternate route, drive north from Council approximately 1.3 miles to the Mill Creek Road. Turn right onto the Mill Creek Road and follow it until it becomes the Old Cascade Road No. 50165. Follow the 50165 road to the summit at Shingle Flat. Then follow the Shingle Flat Road No. 50183 down to where it intersects with the Middle Fork Weiser Road 50172. Then turn left on road No. 50172 and drive 4 miles to the bridge site.

Another longer alternate route involves driving up the Beaver Creek Road No. 50169 and then dropping down into the East Fork Weiser River Road No. 50172.

H-8 Technical Requirements

The Forest Service has obtained 404 Stream Channel Alteration Permits from the U.S. Army Corps of Engineers and Idaho Department of Environmental Quality. The permits are required to discharge fill material into rivers, including placement of rock, dirt, or sand necessary for the construction of the bridge and in-stream structures. Copies of the permits will be made available to the Contractor at the time of the Contract award.

H-9 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-10 State of Idaho’s Notice to Offeror

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of Idaho exempting the contractor from such coverage.

(b) Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers' Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be

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North Idaho Southwest Idaho 1221 Ironwood Street, Suite 100 317 Main Street Coeur d'Alene, ID 83814 P.O. Box 83720

(208) 769-1565 Boise, ID 83720-0041 Fax No. (208) 769-1465 (208) 334-6032

(800) 950-2110 Fax No. (208) 334-5145 Southeast Idaho 1070 Hiline, Suite 300 Pocatello, ID 83201

(208) 236-6366 Fax No. (208) 236-6040

(c) This certificate of verification shall be fully executed by the contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN

1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-13 Central Contractor Registration Maintenance (DEC 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (JULY 2005) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY

1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (SEP 2009) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property 52.245-9 Use and Charges (Aug 2010) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering--Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises 452.236-73 Archeological or Historic Sites (FEB 1988)

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452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response

CLAUSES INCORPORATED BY FULL TEXT

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Please contact the applicable POC.

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Distribution of Reports POC Technical Issues/BioPreferred Website Reporting Tool POC

Cele Aguirre-Bravo Ron Buckhalt Agency (FS) POC USDA Program Manager BioPreferred Program BioPreferred Program 1621 North Kent Street 361 Reporters Building Arlington, VA 22209 300 7th Street SW Telephone: (703) 605-5144 Washington, DC 20024 Fax: (703) 605-5100 Telephone: (202) 205-4008

Agency website for reporting: http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

52.225-9 Buy American Act--Construction Materials (SEP 2010)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, ad defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction materials.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus

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"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an…