RFQ.doc

CONSTRUCTION RFQ thru FAC 2005-58B – 5/18/2012

AG-02RC-S-12-0091

Tributary to Browns Spring Creek & Clear Creek Culvert Replacements for (AOP)

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA – Forest Service

Idaho Montana Acquisition Team Nez Perce NF; 104 Airport Road Grangeville, ID 83530 See Section F: Deliveries and Performance

FOB DESTINATION

8. TO:

11. SCHEDULE (Include applicable Federal, State and local taxes)

Glade Creek Trails – Accessible Construction Powell Ranger District

Nez Perce-Clearwater National Forests Idaho County, Idaho

PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS.

FURNISHING QUOTATION: Complete Standard Form 18, Section B, Section K, Technical Proposal, and Verification of Worker’s Compensation Form as your quote. Return to the address shown in Block 5a.

Please place “Solicitation No. AG-02RC-S-13-0058” on the envelope.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

DUNS NO. _______________________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Part I - The Schedule

SECTION B - SERVICES AND PRICES

Glade Creek Trails - Accessible Construction Nez Perce – Clearwater National Forests

Idaho County, Idaho B- 1 - BID SCHEDULE (Prices must be entered for all Items in both schedules; do not round the total extended prices.)

of

MEAS*

*Method of Measurement

AQ - Actual Quantity, DQ - Designed Quantity, CQ – Contract Quantity, LSQ - Lump Sum Quantity

B-1 EXCAVATOR: Contractor shall give a price per hour for Hydraulic Excavator with Thumb for additional work above the estimated quantities that is encountered during the contract performance. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price.

B-2 BOND PREMIUMS: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

B-3 BASIS OF AWARD: As your quote, submit a completed and signed Standard Form 18, a completed Schedule of Items (Section B), a Technical Proposal, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form. Technical proposals and price quotes are required for evaluation. See Section L for proposal instructions and Section M for evaluation/award information.

B-4 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.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID130054, 04/05/2013, HEAVY CONSTRUCTION, IDAHO COUNTY, IDAHO

A wage rate for an Excavator Operator shall be added to the above referenced wage decision after award in accordance with FAR 52.222-6 Davis-Bacon Act. Based on a preliminary review of the wage decision, a reasonable range between which the conformed rate would fall is $33.26 and $36.80 per hour (wages and fringes combined). These rates align with the “Laborer:Landscape” and “Truck Driver:Dump Truck” rates derived from wage survey data listed under SUID2010-044.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. Trail Construction - Specified major work includes construction of a new1.1 mile accessible trail and restoration of .2 mile of an existing accessible trail, both located between the Lolo Pass Visitor Center and the Glade Creek State Park; 48” finished trail tread with compacted crushed gravel surfacing, construction of four rest turnouts for accessible use, ditch construction, construction of one 10 ft. and one 30 ft. treated timber puncheon bridges and installation of three culverts.

(b) Project Location. The trail project is located off of Highway 12 at Lolo Pass near the ID/MT border on the Powell Ranger District, Nez Perce-Clearwater National Forests. The loop trail to be constructed extends southeast from the junction with existing Trail #790-A (located just south of the Lolo Pass Visitor Center) on the west side of Road #5670, parallels Road #5670 for about ½ mile before crossing the road near the existing parking lot to Glade Creek State Park, turns north after the road crossing and parallels the road on its eastern side back to near the junction with Road #373, where the trail again crosses the road and connects with existing Trail #790-A.

The connector trail to be constructed/restored extends south from the south end of the loop trail and connects to the existing accessible trail to Glade Creek State Park. The entire trail project area is located in Township 38 North, Range 15 East, Sections 16 and 21. Elevation of the project area is approximately 5,200 ft.

The entire project is outside any designated wilderness area.

(c)Description of Dispersed Sites. Forest Service Road 5670/Lolo Pass Campsite Work Description – The project site is located on Forest Service Road 5670, approximately 0.1 miles from the junction with Forest Service Road 373, just south of the Lolo Pass Visitor Center. The work includes decompaction, revegetation and boulder placement at a dispersed recreation site. Work will be directed by the Contracting Officer, or their on-site representative. An excavator with hydraulic thumb shall be used to perform the work. Decompaction shall occur on an area approximately 75 feet x 60 feet (4,500 ft2). Any hardened surface area shall be decompacted to promote water infiltration and establish vegetation. This work shall consist of loosening all of the soil to a depth of 18 inches and a clod size no larger than 10 inches. Throughout the work area, and following decompaction, place duff, slash and clump plantings obtained from sources available at or near site. Duff material and slash shall be scattered across the decompacted area and may consist of a combination of needles and forest floor debris; downed branches and logs; plants; and, decomposing stumps and logs. Transplant clumps of available vegetation to the decompacted areas. These clump plantings shall include an intact, bucket-sized clump containing the aboveground vegetation, forest floor, associated root system and adequate soil to support growth and soil restoration. Boulders shall be placed along each side of the trail that will be constructed down the center of the camp site to define the new trail location and discourage off-trail use. Boulders shall be large enough and buried to a sufficient depth to assure stability and prevent displacement by users.

Appropriately sized boulders shall be obtained from sources near site, from the rock source on the North side of Highway 12 near the Wendover Campground (Mile Post 158.2), or as identified by the CO or their on-site representative.

Forest Service Road 108, Wa’ aalamnime Creek Campsite Work Description - The project site is located on Forest Service Road 108, near the junction with Highway 12, Mile Post 153.9. The project site is located on the West side of Wa’ aalamnime Creek, in the floodplain near the mouth of the creek. The campsite access road is approximately 120 feet long and the camping area is about 100 feet x 75 feet. The work includes decompaction, recontouring, revegetation and boulder placement at a dispersed recreation site to create a walk-in site and protect riparian soils and vegetation, following the techniques described for the Road 5670/Lolo Pass Campsite Work Description above. Decompaction shall occur on the areas adjacent to the stream. The approximately 120 foot long access road will be decompacted and recontoured to provide free drainage and prevent motorized use, followed by placement of duff, slash and clump plantings to provide ground cover and revegetation. Decompacted and recontoured areas will receive placement of duff, slash and clump plantings to provide ground cover and revegetation. Approximately 3 to 4 boulders (approx. 3 x 3 x 2 ft. dimension) shall be placed and partially buried at the top of the decompacted and recontoured road in a position that will prevent motorized access to the site yet will leave a parking area at the top of the decompacted and recontoured road. Appropriately sized boulders shall be obtained from sources near site, from the rock source on the North side of Highway 12 near the Wendover Campground (Mile Post 158.2), or as identified by the CO or their on-site representative.

Forest Service Road 568, Imnamatnoon Creek Campsite Work Description - The site is located at Mile Post 0.05 on FS Road 568, near the junction of Road 568 and Highway 12 at Mile Post 159.4. The campsite area is 70 feet x 50 feet, and the access road is approximately 150 feet long. The switch-back in the access road is approximately 35 feet x 40 feet in area. The work includes decompaction, recontouring, revegetation and boulder placement at a dispersed recreation site to create a walk-in site, following the techniques described for the Road 5670/Lolo Pass Campsite Work Description above. The approximately 150 foot long access road will be decompacted and recontoured to provide free drainage and prevent motorized use. Spot decompaction may occur at the campsite as directed by the C.O. or onsite-representative. Decompacted and recontoured areas will receive placement of duff, slash and clump plantings to provide ground cover and revegetation. Approximately 4 to 5 boulders (approx. 3 x 3 x 2 ft. dimension) shall be placed and partially buried at the top of the decompacted and recontoured road in a position that will prevent motorized access to the site yet will leave a parking area at the top of the decompacted and recontoured road. Appropriately sized boulders shall be obtained from sources near site, from the rock source on the North side of Highway 12 near the Wendover Campground (Mile Post 158.2), or as identified by the CO or their on-site representative.

(d) Price Range. The Government’s estimate is between $25,000 - $100,000

(e) Pre-Bid Tour. A pre-bid tour of the project will be held on June 27, 2013. Prospective bidders desiring to take part in this tour may make arrangements by calling Katie Knotek at the Powell Ranger Station at 208-942-0302. The tour will meet at the Lolo Pass Visitor Center at 8:00 a.m. PDT/9:00 a.m. MDT.

(f) Start Work. It is estimated that work may begin on August 1, 2013. All items of work will be completed no later than September 30, 2013. Motor vehicle use is restricted, but will be allowed for contract administration, refueling and equipment repair.

(g) Period of Performance. (See Section F, Clause 52.211-10)

(h) Government-Furnished Property. (See Section G)

C-2 - STANDARD SPECIFICATIONS

Forest Service Standard Specifications for Construction and Maintenance of Trails (September 1996) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant Contract.

Copies of the Standard Specifications for Construction and Maintenance of Trails (September, 1996) are available on the Web at: http://www.fs.fed.us/.ftproot/pub/acad/dev/trails/trails.htm

C-3 - SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included in this section:

SPECIAL PROJECT SPECIFICATION

SECTION 904 - MAINTENANCE for TRAFFIC

904.1 General. Replace first paragraph with, “The Contractor shall post a TRAIL CLOSED AHEAD sign at both ends of the appropriate work areas as the Project progresses to warn the public that the new trail is closed to public use until all construction is completed. These signs shall be in place as the Contract work begins. This Safety Plan shall also address the handling of user traffic during Contract working hours and off hours”.

SPS 904 (4/19/13)

SPECIAL PROJECT SPECIFICATION

SECTION 908 - STAKING, FLAGGING and CLEANUP

908.02 General. The third paragraph in this sub-section begins with “Remove all construction stakes, tags..............”. CHANGE this sentence to read, “Remove all construction stakes, tags, flagging and plastic ribbon from the project area as work progresses, but not before the Contracting Officer's Representative or Government Inspector has observed the progress to that point”. ADD sentence immediately following the above sentence; “The Contractor shall have all construction stakes, tags, flagging and plastic ribbon removed before the Final Inspection”.

SPS 908 (4/19/13)

SPECIAL PROJECT SPECIFICATION

SECTION 912 - EXCAVATION and EMBANKMENT

Construction

912.07 Ditches. ADD this sentence following first sentence, “Suitable material removed from constructed ditches shall be spread evenly along the adjacent trail tread”.

SPS 912 (4/19/13)

SPECIAL PROJECT SPECIFICATION

SECTION 915 - EXISTING TRAIL RESTORATION

DESCRIPTION

915.01 Work. ADD the following paragraphs after the existing paragraph that ends with “...... roots, stumps, slough, and berms.” If the newly constructed or reconstructed trail tread widths have been widened beyond Contract specifications to accommodate an excavator's safe operation, these "over widths" shall be brought back (narrowed up) to Contract specification before the Final Inspection. This "narrowing up" of the trail tread width shall be accomplished by feathering out the excess fill material to the downslope side and leaving a finished 48" full bench trail tread.

SPS 915 (4/19/13)

C-4 - DRAWINGS

The following drawings are a part of this solicitation and any resulting contract:

NOTE: DRAWINGS ARE FILED IN SEPARATE DOCUMENTS ON FEDBIZOPPS.

SECTION E - INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract on August 1, 2013 and proceed in accordance with the contractor’s approved work schedule, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2013. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the contract will be awarded by July 31, 2013.

SECTION G – CONTRACT ADMINISTRATION

G-1 - GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause 52.245-4, contained in Section I of the contract.

(a) Puncheon bridge materials, hardware and culverts will be delivered to the project location upon seven days’ notice.

(b) Government furnished crushed gravel will be obtained by the contractor from the Powell gravel site located in Township 37 N, Range 14 E, Section 28. Access is approximately 11 miles southwest of Lolo Pass on Highway 12 to junction Road #111 and approximately ¼ mile on Road #111 to junction Road #5910 (gated road) and then approximately ½ mile to the Powell gravel pit.

(c) Government furnished rock for rock retaining walls will be obtained by the contractor from the Brushy Fork rock pit. Access is approximately 7 miles east of Lolo Pass on Road #373 to junction Road #373A and approximately ½ mile to junction Road #373C to Brushy Fork rock pit.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

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

(a) The indications of physical conditions on the plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately July 1 to October 15.

(c) Transportation Facilities. Access to the project is along Highway 12 from either Montana or Idaho.

KEY PERSONNEL

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

AGGREGATE

Gravel can be staged at the project site at the north end of the loop trail as staked near Station 48+85 and at the south end of the loop trail as staked near Station 29+00 in the parking area for Glade Creek State Park.

ENVIRONMENTAL PROTECTION

Pollution and Erosion Control.

During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the Contracting Officer's Representative (COR).

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution. The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

Prevention of Oil Spills.

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

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

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

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

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

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

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

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Hydraulic Excavator per Hour.

Contractor shall give a price per hour for Subitem Hydraulic Excavator with thumb for unforseen work that is encountered during the contract performance and not included in other subitems. Hourly work must be authorized in advance by the Government and there is no guarantee any hourly work will be ordered.

NOXIOUS WEED CONTROL

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

The following is considered proof of weed-free equipment:

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

FIRE CONTROL (FS 236-1)

(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 his employees, the Contractor when requested by the Contracting Officer shall place his 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 his operation under the contract.

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

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

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

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

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

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

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

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

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

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

Any fueling or refueling of a powersaw shall only 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 when 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 handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will 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. NOT USED

(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) Submit 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.

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

USE OF MOTORIZED OR MECHANIZED EQUIPMENT

(a) All basic trail excavation shall be accomplished by mechanical means with equipment that fits the specified trail widths. Specifically, the intent is to require small track-mounted excavators unless otherwise approved by the COR. Any tread constructed wider than 48” to allow safe travel of an excavator, etc., shall be narrowed back up to the specified width prior to Final Inspection.

(b) Trail vehicles such as ATV’s for transport of materials, equipment or personnel shall be allowed, as long as the outside track width of the vehicle is less than or equal to the specified trail tread widths shown on the drawings.

CAMPING

(a) Before camping, the Contractor shall obtain a District Camping Permit from the Powell Ranger District through the Contracting Officer/Contracting Officer's Representative.

(b) A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(c) Contractor is to bring a proposed campsite location to the prework for review and approval prior to camping.

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer’s Representative 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 Central Contractor Registration (DEC 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUNE 2003)

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) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 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)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.227-4 Patent Indemnity--Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002)

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 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)

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 I (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2010)

52.245-1 Government Property (APR 2012 52.246-21 Warranty of Construction (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

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

452.224-70 Confidentiality of Information (FEB 1988)

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) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information

(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the Central Contractor Registration (CCR) database (FAR clause 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-teir subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensatioin of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from CCR and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the CCR database information is incorrect, the contractor is responsible for correcting this information.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not…