FennPondConRFP.docx

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Fishing Pond Dredging Fenn Ranger Station

IMPORTANT - NOTICE TO OFFEROR

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

2. Note: An offer guarantee (Bid Bond) IS REQUIRED FOR OFFERS EXCEEDING $150,000. (See Section I, FAR Clause 52.228-1.) Performance and Payment Bonds will be required of the successful offeror if the total awarded contract value exceeds $150,000. (See Section I, FAR Clause 52.228-15.) No performance bond shall be required if the total awarded contract value is less than or equal to $150,000. (See Section I, FAR Clause 52.228-13.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 5 - 6

SECTION B - SUPPLIES OR SERVICES AND PRICES 7 - 8

B- 3 AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Con. Contracts (NOV 1996)

B- 4 OFFER SUBMITTAL

B- 5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID140051, 06/20/2014

B- 6 – IDAHO USE TAX

SECTION C - DESCRIPTION/SPECIFICATIONS 9 - 12

SECTION E - INSPECTION AND ACCEPTANCE 13 - 14

E- 1 FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE 15

SECTION G – CONTRACT ADMINISTRATION 16

G- 1 - AGAR 452.215-73 Post Award Conference (NOV 1996)

G- 2 – CONTRACTING OFFICER’S REPRESENTATIVE

H- 14 - Invoice Processing Platform (IPP) H- 15 - Contractor Workforce Certification

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 25 - 42

Applicants Alternate I

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 43 - 54

PART IV - REPRESENTATIONS AND INSTRUCTIONS

a Felony Conviction Alternate I

For Construction

SECTION M - EVALUATION FACTORS FOR AWARD 67 - 69

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-14-0110

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

7/23/2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

698137

6. PROJECT NO.

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater National Forests 104 Airport Road Grangeville, ID 83530

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater National Forests 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC: kruklic@fs.fed.us

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

(208) 983-5144

SOLICITATION

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

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

FISHING POND DREDGING – FENN RANGER STATION

Moose Creek Ranger District Nez Perce-Clearwater National Forests Idaho County, Idaho

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED FOR OFFERS THAT EXCEED $150,000. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY August 21, 2014 AT 4:00 PM LOCAL TIME.

**PRICE RANGE: the Government’s estimate for this project is between $100,000 and $250,000.

11. The Contractor shall begin performance within 10 days of receipt of the notice to proceed, and complete project in accordance with deadlines stated in FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I. This performance period is |X| mandatory, |_| negotiable. (See Section F, Deliveries and Performance.)

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

PLEASE COMPLETE THIS BLOCK

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

USDA – Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater National Forests 104 Airport Road Grangeville, ID 83530

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

KAREN RUKLIC

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

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Fishing Pond Dredging - Fenn Ranger Station Nez Perce-Clearwater National Forests Moose Creek Ranger District Idaho County, Idaho B- 1 Schedule of Items

Pay Item

Meas.

Est Qty Pay Unit Unit Price

Amount

AQ

LF

TOTAL AMOUNT OFFERED (All Items)

* Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities, LSQ - Lump Sum Quantities; CQ – Contract Quantities

*Please note that the estimated quantity of 125 LF shown for Pay Item 6, 20302 – Removal of Boardwalk Path on Sheet 2 of the Drawings is incorrect. The correct quantity is 225 LF as shown on the Schedule of Items above.

B-2 PRICE PROPOSAL INSTRUCTIONS: Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted. The above pay items are contract quantities unless noted. Unit prices and total item amounts must be submitted for all items. Do not round the extended item amounts and provide prices to the nearest cent.

In addition, the Contractor shall give prices per hour under Item 14, 62201 - Hydraulic Excavator with Thumb and Item 15, 62202 - Large Dump Truck for additional work above the estimated quantities that is encountered during the contract performance. The Government does not guarantee that any hourly work shall be ordered and reserves the right to reduce or eliminate entirely the work under these items with no adjustment in contract unit price.

B- 3 AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Con. Contracts (NOV 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contract, shall not cover any amount therefore not included in the contract price. Include bond payments under Item 1 15101 - Mobilization.

B-4 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, a completed Schedule of Items (Section B), a Technical Proposal, an original bid bond if applicable, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form (provided in Section J). Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID140051, 06/20/2014: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $25.56 per hour rate with $12.85 fringe benefits (conformed 7/8/14).

B-6 – IDAHO USE TAX: Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491. For a description of the Government Property to be furnished under this contract, please see Section C-4.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract: This project is one of the implementation projects of the Collaborative Forest Landscape Restoration Project (CFLRP). The goal of the CFLRP project is to utilize collaborative, science based ecosystem restoration techniques to improve watershed function while encouraging ecological, economic and social sustainability with an emphasis on providing local employment opportunities.

This project requires the excavation and disposal of sediment from the existing fishing pond at Fenn Ranger Station to create better fish habitat. The work includes but is not limited to temporary road construction and removal, erosion control measures, dewatering, dredging excavation, pond sealing, haul, removing and disposing existing culverts and wooden boardwalk paths, riprap, embankment placement, channel reconstruction, road and site cleanup, furnishing and installing outlet pipe and precast concrete headwall and all other incidental items necessary to complete the project in accordance with the plans and specifications. Contractor shall furnish all labor, materials (except those designated as Government-furnished), equipment, supervision, structures and transportation necessary to complete the project.

C- 2 Project Location : The project is located at the Fenn Ranger Station, 831 Selway Road in Kooskia, Idaho on the Nez Perce-Clearwater National Forests. From Orofino travel 57 miles east to Lowell, ID, turn right on to the Selway Road #223, travel 4.7 miles to Fenn Ranger Station. A formal pre-bid tour is scheduled for July 29, 2014. (See FAR 52.236-27 Site Visit (Construction) Alternate I, in Section L for details.)

C- 3 Price Range: The Government Cost Estimate, per FAR 36.204, is between $100,000 and $250,000 for this project.

C-4 – Government Furnished Property: The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

· Riprap Source – Government Furnished – The Government source for Riprap for this project is located in Section 25, T32N, R7E, at the Fenn Bone Yard approximately 2 miles from this project. Use the material stockpiled by the Government for Class 3 Riprap.

· Fish Habitat Rock Source – Government Furnished – The Government source for Fish Habitat Rock for this project is the Fenn Bone Yard as described above.

· Waste Site – Government Furnished – A waste site for excess material is the Fenn Bone Yard as described above. This site is to be used for the disposal of unsuitable or excess excavated material only. All other materials designated for removal and disposal must be disposed of away from Forest Land as per SPS Section 203.

C-5 Start Work: It is estimated that work will begin approximately September 15, 2014.

C-6 Period of Performance: See Part I, Section F, Clause 52.211-10 Alt I.

C-7 Biobased Product Utilization

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

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

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

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

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

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section M).

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

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

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

C- 8 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS FP-03 U.S. Customary Units (U.S. DEPARTMENT OF TRANSPORTATION, Federal Highway Administration) (2003) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units 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 these Specifications are available on the internet at www.wfl.fha.dot.gov/design/specs/fp03.htm

C- 9 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service supplementary specifications entitled Fishing Pond Dredging – Fenn Ranger Station are included as a separate ATTACHMENT to this solicitation and provided in Part III, Section J-2. The contents are detailed below.

NOTE THAT THE SUPPLEMENTAL SPECIFICATION LIST INCLUDES THE MAJOR SPECIFICATIONS APPLICABLE TO THIS PROJECT. OTHER SPECIFICATIONS REFERRED TO WITHIN THESE SPECIFICATIONS (EVEN THOUGH NOT SPECIFICALLY LISTED HEREIN) ARE ALSO FULLY APPLICABLE TO THIS REQUEST FOR PROPOSALS AND ANY RESULTANT CONTRACT.

C- 10 DRAWINGS (entitled “Fishing Pond Dredging – Fenn Ranger Station”). The following drawings are a part of this solicitation and any resulting contract. The drawings are physically located in a separate attachment to the solicitation in Section J-3.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 15, 2014. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 8, 2014. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F-3 FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

Add the following:

Adjustment of contract prices as described in this section shall not apply to Section 622, Rental Equipment, Pay Item 14 - 62201, Hydraulic Excavator with Thumb and Pay Item 15 - 66202, Large Dump Truck. All work under these items will be approved by the government prior to starting with no adjustment in contract unit price. The Government does not guarantee that any hourly work shall be ordered and reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price.

SECTION G – CONTRACT ADMINISTRATION

G-1 - AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 30 days of the commencement of work. The conference will be held at Nez Perce – Clearwater National Forests Office, in Grangeville, ID. Upon mutually agreement of all parties, an alternate location may be approved.

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) H-2 Work Camps, Staging and Storage Areas

Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers on site. Overnight camping is commercially available near the project area. Overnight camping on site is prohibited. The contractor must provide toilets and sanitary facilities at each work location for its employees.

H-3 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the key personnel identified in the accepted technical proposal.

(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.

H-4 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 drawings and in the specifications are the result of site investigations by the U.S. Department of Agriculture, Forest Service. Features shown on the plan & profile sheets were identified by visual observation during the preliminary location and survey and during a "plans in hand" review.

(b) Weather conditions at Fenn Ranger station can be very wet. Normal spring weather begins in February and is rainy until the middle or end of June. From July to the end of August is usually dry with occasional thunderstorms or light sprinkles. September thru November can be rainy or moist. Snow does not typically occur until late November or December and lasts until February.

(c) Transportation facilities on all roads to the site are paved two-lane roads. The Selway Road, Forest Service Road 223, however is not plowed from snow in the winter.

(d) Temporary access road is very steep, truckloads of dredged material may not be full truck capacity. Partial loads should be anticipated and planned for in Contractors calculations of excavation and haul. These loads will establish volume removed from site so must be verified and agreed to by CO.

H-5 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. See FSSS 156 Public 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.

The contractor is responsible for the safety of the public and Government employees while work is being done adjacent to offices, maintenance/work facilities, residences and recreation facilities. Barricades, suitable and sufficient lights, danger signals, signs, etc. shall be erected to safeguard the public and Government employees from injury.

H-6 LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

(d) Permanent erosion control will be required at this site in the use of waddles, sediment mats or other. These will remain on site to protect from erosion. This work is included under item Pay Item 2 – 15713 Soil Erosion and Pollution Control.

(e) Return temporary access road to approximate slope of natural terrain, decompacting road bed to 18”, with no clod sizes exceeding 4” then finish slopes to provide gradual transitions in slope adjustments without noticeable breaks. Leave slope uniform, but roughened to facilitate seeding and fertilizing by Government. Clean Pavement areas post haul with street sweeper or other approved pavement cleaning devise to remove dust, mud, rock, or other material resulting from haul that remains on pavement.

H-7 OTHER FACTORS AFFECTING THE WORK

PETROLEUM PRODUCTS

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.

1. Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks.

1. The storage areas shall be located more than 300 feet from any existing stream courses.

Fueling of equipment shall be done in a manner to eliminate potential spills.

1. Transfer trucks shall be limited to 200 gallons maximum.

1. Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the COR.

1. All spills shall be reported immediately to the COR. Spills over 25 gallons or that cause a sheen on nearby surface water must be reported to the Idaho Division of Environmental Quality.

NOXIOUS WEED CONTROL. (2/96) In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and 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.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

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

H-8 FIRE CONTROL (FS 236-1)

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.

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.

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.

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: