SF150059.pdf

BOULDER CREEK AOP’S 2015 (AQUATIC ORGANISM PASSAGE)

PAYETTE NATIONAL FOREST

AG-0261-S-15-0059

AT A MINIMUM, PLEASE PROVIDE THE FOLLOWING:

1. SF-1442

a. Completed, signed and dated.

b. Provide your DUNS NUMBER. Block 14

2. Fill out the pricing schedule for all items Attachment 8. Please complete both pages (tabs). Please note there is pricing for:

a. BASE ITEM 50074-MP 11.4 Unnamed Tributary to Boulder Creek

b. BASE ITEM 50158-MP 1.06 Ant Basin

c. BASE ITEM 51248-MP 0.69 Cold Springs

d. OPTION ITEM 50063-MP 1.17 Cold Springs

Only complete the “salmon” colored cells on the spreadsheet.

3. Representations and Certifications FAR 52.204-8 and AGAR 452.209-70. If you have completed the Representations and Certifications via SAM.GOV, please only submit a response to Paragraph (b), and complete AGAR 452.209-70. 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 SAM.GOV.

4. Provide Liability insurance verification with proposal

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

6. Provide information requested in Section M – Evaluation Factors for Award.

Submit your information 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.

http://www.iic.idaho.gov/forms/ic_wc_verification.pdf http://www.sam.gov/

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)

736540

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN TANYA ARNBERGER

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

SW IDAHO-NEVADA AQUISITION CENTER

ATTN: TANYA ARNBERGER

1249 S VINNELL WAY, SUITE 200

BOISE, ID 83709

TANYA ARNBERGER (208)373-4186

2x 04/23/2015

AG-0261-S-15-0059

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

REMOVAL OF EXISTING CULVERTS AND INSTALLATION OF NEW AOPS (AQUATIC ORGANISM PASSAGE)

ON THE NEW MEADOWS RANGER DISTRICT, PAYETTE NATIONAL FOREST.

PER FAR 36.204 - DISCLOSURE OF MAGNITUDE OF CONSTRUCTION PROJECTS, THE ESTIMATED

PRICE OF THIS AWARD IS BETWEEN $250,000 AND $500,000.

PLEASE SUBMIT ANY QUESTIONS RELATED TO THIS PROJECT BY EMAIL ONLY TO

TEARNBERGER@FS.FED.US NO LATER THAN 4:30 PM ON MAY 7, 2015. IF NEEDED, AN AMENDMENT

ANSWERING QUESTIONS WILL BE ISSUED.

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

05/25/2015

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

PAGE 3 OF

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN TANY ARNBERGER

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

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

4 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0261-S-15-0059

BOULDER CREEK AOPs 2015, NEW MEADOWS RD, PAYETTE

NF

Delivery: 180 Days After Notice to Proceed

Delivery Location Code: 02WW

PAYETTE NATIONAL FOREST

800 WEST LAKESIDE AVE

MCCALL ID 83638 US

FOB: Destination

001 BOULDER CREEK AOPs 2015, NEW MEADOWS RD, PAYETTE

NF

PLEASE SEE SCHEDULE OF ITEMS

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

Sponsored by GSA

FAR (48 CFR) 53.110

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

BOULDER CREEK AOP’S 2015 (AQUATIC ORGANISM PASSAGE)

NEW MEADOWS RANGER DISTRICT

PAYETTE NATIONAL FOREST

ADAMS COUNTY, IDAHO

Schedule of Items

BASE ITEM

50074- MP 11.4 UNNAMED TRIBUTARY TO BOULDER CR.

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151-01a Mobilization Lump Sum 1 $ $

152-21a Construction survey and staking, Lump Sum 1 $ $

157-13a Soil Erosion & Pollution Control Lump Sum 1 $ $

203-05a Removal structures and obstructions remove from project_

Lump Sum 1 $ $

209-11a Structure excavation and backfill Lump Sum 1 $ $

308-09a*

Roadway aggregate surfacing (government furnished), Compaction method 1

Cubic Yard 21 $ $

553-01a

Precaset 11’ concrete box ( including wingwalls, footings and curb) Design, Fabricate, Transport and Install

Lump Sum 1 $ $

625-03a Turf Establishment (Government supplied seed)

Lump Sum 1 $ $

633-06a Object markers Each 4 $ $

648-05a Placed streambed simulation rock, Bed Class 12 Method A

Lump Sum 1 $ $

SUBTOTAL 50074-MP 11.4 UNNAMED TRIB $

BASE ITEM

50158-MP 1.06 ANT BASIN

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151-01b Mobilization Lump Sum 1 $ $

152-21b Construction survey and staking, Lump Sum 1 $ $

157-13b Soil Erosion & Pollution Control Lump Sum 1 $ $

AG-0261-S-15-0059

203-05b Removal structures and obstructions, remove from project

Lump Sum

209-11b

Structure excavation and backfill

251-01b* Placed Riprap, Class 3 Cubic Yard

308-09b*

Roadway aggregate surfacing (government supplied), compaction method 1.

Cubic Yard

552-01b Structural Concrete Class A for precast footings

603-01b 16’ span 8’_3” rise, structural plate pipe arch, 12 gage thickness Foot

625-03b

Turf Establishment (Government supplied seed)

648-05b

Placed streambed simulation rock, Bed Class 14, Method A

BASE ITEM

51248 –MP 0.69 COLD SPRINGS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

151-01c Mobilization

152-21c Construction survey and staking, Lump Sum 1

157-13c Soil Erosion & Pollution Control Lump Sum 1

203-05c Removal structures and obstructions remove from project_

209-11c Structure excavation and backfill Lump Sum 1

251-01c* Placed riprap, class 3 Cubic yard 9

308-09c*

Roadway aggregate surfacing (government supplied), Compaction method 1

Cubic Yard 37

552-01b Structural Concrete Class A for precast footings

603-01b 12’ span 6’-3” rise, structural plate pipe arch, 12 gage thickness Foot 62

625-03c supplied seed)

648-05c

Bed Class 14, Method A

SUBTOTAL 51248 MP 0.69 COLD SPRINGS $

OPTION ITEM

50063 – MP 1.17 COLD SPRINGS

ITEM

NO.

DESCRIPTION

PAY

EST.

QTY.

TOTAL

151-01d Mobilization Lump Sum 1

152-21d Construction survey and staking, Lump Sum 1

157-13d Soil Erosion & Pollution Control Lump Sum 1

203-05d Removal structures and obstructions remove from project_

209-11d Structure excavation and backfill Lump Sum 1

251.11d* Placed riprap, class 3 Cubic yard 9

308-09d*

Roadway aggregate surfacing (government supplied), Compaction method 1

Cubic Yard 37

552-01d Structural Concrete Class A for precast footings

603-01d 12’ span 6’-3“rise, structural plate pipe arch, 12 gage thickness Foot 48

625-03d supplied seed)

648-05d

Bed Class 14, Method A

SUBTOTAL 50063-MP 1.17 COLD SPRINGS $

ITEM TOTAL

BASE ITEM 50074-MP 11.4 Unnamed Trib $ BASE ITEM 50158-MP 1.06 Ant Basin $ BASE ITEM 51248-MP 0.69 Cold Springs $

BASE CONTRACT TOTAL $

OPTION ITEM 50063-MP 1.17 Cold Springs $

BASE + OPTION TOTAL $

Please complete attached Cost Estimate Breakdown (Attachment 4) or equivalent with all cost represented.

Note: * Next to an Item Number (on the cost estimate breakdown) 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.”

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

Payment for Bond Premiums: 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.

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. See supplemental specification 156 - Public Traffic.

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 assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

SECTION C - DESCRIPTION/SPECIFICATIONS

CLAUSES INCORPORATED BY REFERENCE

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

Scope of Contract

This contract shall consist of the following work to replace three culverts and a possible fourth culvert as an optional bid item with aquatic organism passage (AOP) structures:

BASE CONTRACT

• At 50074-11.4, unnamed tributary to Boulder Creek, remove the 4’ x 40’ culvert and install a 11 foot inside span open bottom concrete box. The box will be skewed t the roadway, and the roadway width between curbs will be 22 feet.

• At 50158- mp 1.06, Ant Basin Creek, remove the 54 in x 88ft CMP and install a 16’span, 74 foot long open bottom arch with precast concrete footings.

• At 51248 mp 0.69 Cold Springs Creek, remove the 42in x 48ft CMP and install a 12’ span x 62 ft long open bottom arch with precast concrete footings.

OPTIONAL BID ITEM

• At 50063- mp 1.17 Cold Springs Creek, remove the 42in x 44ft CMP and install a 12 ft span, 48 ft long open bottom arch with precast concrete footings.

GENERAL ITEMS COMMON TO ALL AOP’s

• Submit an erosion control plan that will show the stream diversion plans.

• Remove and dispose of existing pipes.

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

• Place stream simulation rock salvaged from excavation to construct a natural stream channel.

• Backfill new structures.

• Salvage rock for riprap on the fill slopes.

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

• Haul and place government supplied crushed aggregate.

• Scatter slash and mulch and spread govt supplied seed on disturbed areas.

• Supply and place Type III traffic barriers and ROAD CLOSED AHEAD signs.

Project Location

The culverts are in the Smokey Boulder area. The precast box is on mile post 11.4 of the Smokey Boulder Road 50074, which is near to the Yantis Ditch. The other three culverts are on spur roads 50158 and 52148 and 50063.

Two of the culverts on Cold Springs are on spur roads off of 51251.To reach 51251, drive north on Highway 95 from New meadows for 11 miles. Turn left onto FSR 50074 and drive through Round Valley and continue on 50074 for approximately 6 miles, to the junction of 51251. The culvert 50158 – mp 1.17 Ant Basin is 1.17 miles up from the jct of 074 and 50158.

Standard 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.

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 51251-0.5 FSSS 553 Precast Box Culvert

AG-0261-S-15-0059

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

FP-03 603 Structural plate Structures FSSS 603 Structural Plate Structures FP-03 Fences, gates and cattleguards FP-03 625 Turf Establishment FSSS 625 Turf Establishment FSSS 648 Stream Simulation FP-03 705 Rock FSSS 705 Rock

NOTE:

Bidders 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.

Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

Special Schedule Requirements

There are time requirements for fish disturbance issues. Any instream work, such as stream diversion or placement of stream simulation materials, or turning the stream back into the finished channel must be between the following dates:

• ALL AOPs – Instream work can only be completed between July 15 and August 15

Instream work is defined as any work below the normal high water such as:

• stream diversion

• dewatering

• placing of precast footings

• placement of stream simulation materials

• turning the stream back into the finished channel.

Work outside of the stream (such as staging equipment or materials, removal of the embankment over the existing culverts, erection of the arch and backfill of the arch, placing of the lid on the precast box, and placing of aggregate surface) can be done before or after these dates.

The two culverts on Cold Springs Creek (50063 mp 1.17 and 51248 mp 0.69) are behind two AOP projects Are part of the Boulder Creek 2014 AOP contract. They are to be substantially completed by August 1, 2015. The successful contractor for this solicitation will not have access to the two Cold Springs culverts until the Boulder Creek 2014 AOP project is complete, no later than August 1, 2015.

THE ENTIRE PROJECT MUST BE COMPLETED NO LATER THAN SEPTEMBER 30, 2015.

Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996)

CLAUSES INCORPORATED BY FULL TEXT

452.246-70 Inspection and Acceptance (FEB 1988)

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

(b) Inspection and acceptance will be performed at: THE SITE OF CONSTRUCTION.

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop-Work Order (AUG 1989)

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 180 calendar days after notice to proceed has been received.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY FULL TEXT

Technical Requirements The Forest Service will obtain 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 arch and stream simulation material.

Copies of the permits will be made available to the Contractor at the time of the Contract award.

Use of Premises

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

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

a. FOREMAN

b. PROJECT MANAGER

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) 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. The contract will be modified to reflect any approved changes of key personnel.

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 fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

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.

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.

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.

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.

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:

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.

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.

Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

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 obtained from and returned to the Employee Compliance Division of the Idaho Industrial Commission at the following offices:

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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

52.202-1 Definitions (NOV 2013) 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) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JUL 2013) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 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 (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 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 (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 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) Alternate 1 (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Items (JUL 2013) 52.245-9 Use and Charges (APR 2012) 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)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (APR 2012)

52.249-10 Default (Fixed-Price Construction) (APR 1984) Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.224-70 Confidentiality of Information (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 45 days of issuance of Notice to Proceed. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

(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—

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(1) Report to http://www.sam.gov , 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; and

(2) Submit this report not later than—

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

(ii) At the end of contract performance.

52.225-9 -- Buy American–Construction Materials (MAY 2014)

(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, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (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

(2) 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 allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

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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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute 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 statute.

(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--

(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 statute 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 exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars) *

Item 1 Foreign construction material

Domestic construction

Item 2 Foreign construction

Domestic construction

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013)

(a) As used in this clause—

“After-imposed tax” means any new or increased Federal, State, or local tax or duty, or tax that was excluded on the contract date but whose exclusion was later revoked or amount of exemption reduced during the contract period, other than an excepted tax, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.

“After-relieved tax” means any amount of Federal, State, or local tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date” means the effective date of this contract and, for any modification to this contract, the effective date of the modification.

“Excepted tax” means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. “Excepted tax” does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor’s possession of, interest in, or use of property, title to which is in the Government.

“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b) (1) Unless otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

(c) The contract price shall be increased by the amount of any after-imposed tax, or of any tax or duty specifically excluded from the contract price by a term or condition of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.

(d) The contract price shall be decreased by the amount of any after-relieved tax. The Government shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government for such taxes. The Government shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.

(e) The contract price shall be decreased by the amount of any Federal, State, or local tax, other than an excepted tax, that was included in the contract price and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to Federal, State, and local taxes and duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys’ fees.

(h) The Government shall furnish evidence appropriate to establish exemption from any Federal, State, or local tax when—

(1) The Contractor requests such exemption and states in writing that it applies to a tax excluded from the contract price; and

(2) A reasonable basis exists to sustain the exemption.

52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without…