NewsomeConRFPdocx.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, Grangeville Office 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Newsome Creek Reach 2 Floodplain Restoration/Dredge Material Removal

Red River Ranger District; Nez Perce- Clearwater National Forests

IMPORTANT - NOTICE TO OFFEROR

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

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 15

SECTION E - INSPECTION AND ACCEPTANCE 16 - 17

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 18

SECTION G – CONTRACT ADMINISTRATION DATA 19

SECTION H - SPECIAL CONTRACT REQUIREMENTS 20 - 24

H-12 - Invoice Processing Platform (IPP) H-13 – Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 25 - 43

I- 4 - Commercial and Government Entity Code Maintenance I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate I I - 6 - Post Award Small Business Program Rerepresentation I -7 – Minimum Wages Under Executive Order 13658

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 44 - 56

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Commercial and Government Entity Code Reporting K- 3 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 70 - 72

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-15-0060

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

5/15/2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs; Grangeville Office 104 Airport Road Grangeville, ID 83530

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs; Grangeville Office 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):

NEWSOME CREEK REACH 2 FLOODPLAIN RESTORATION/DREDGE MATERIAL REMOVAL

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

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY JUNE 15, 2015 AT 4:00 PM LOCAL TIME.

Price Range: The Government’s estimate is between $250,000 and $500,000.

11. The Contractor time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than October 31, 2014. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10, Alt I)

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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 NF, Grangeville Office 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)

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

KAREN RUKLIC

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

NEWSOME CREEK REACH 2 FLOODPLAIN RESTORATION/DREDGE MATERIAL REMOVAL

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

B-1 SCHEDULE OF ITEMS

TOTAL PRICE – SCHEDULE OF ITEM B-1: $___________

* Designated Method of Measurement:

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

B-2 PRICE PROPOSAL INSTRUCTIONS: 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 a price per hour for Items: 5 – Hydraulic Excavator and Operator, 6 - Large Dump Truck and Operator and 7 - Bulldozer and Operator 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 PAYMENT FOR BOND PREMIUMS Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B-4 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID150051, 1/23/2015: 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 9/19/14).

B-5 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, 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.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 – PROJECT DESCRIPTION AND LOCATION

(a) Objectives:

This project’s main objective is the removal of floodplain dredge piles. This work will improve floodplain connectivity for anadromous fish and other native species in Newsome Creek.

Upon completion of this project this portion of Newsome Creek will have improved basic geomorphic valley bottom and stream channel function through the creation of floodplain.

(b) Description of Work: This project will continue the rehabilitation of Reach 2 of Newsome Creek and is the fifth contract phase to be completed on Newsome Creek located on the Nez Perce-Clearwater National Forests, Idaho County, Idaho. The work is described as follows:

Work in Reach 2 in 2015 consists of relocating dredge piles from approximately 5.19 acres of floodplain. Existing dredge piles and potential soil sources will be excavated and moved to designated repository areas on the project. Vegetation will be transplanted and seed, mulch and slash will be placed on floodplain areas disturbed following construction activities. The contractor will stockpile trees, rock, and other available materials currently on the project area for future restoration work. The 0.3 mile section of Newsome Creek begins at the ending point of similar work completed in 2014.

(c) Project Location: See attached Map. The project is approximately 38 mi east of Grangeville, Idaho. At the junction of Highway 14 and the Newsome Cr Road (FR 1858), travel north for approximately 7.0 miles to the gate on the access route developed in 2011. The project BOP is approximately 1.8 miles on an unimproved access route beyond this gate. Access route grades range from 0% - 20%. Maximum grade of 20% is maintained for 0.25 miles descending off ridge to valley bottom. The project is located in T30N, R7E Section 19 and can be reached by automobile (Highway 14 and FR 1858) and high clearance vehicles or 4WD ATV (access route). Access on the 1.8 mile unimproved route is limited to foot travel prior to contract award.

(d) Price Range: The Government Cost Estimate, per FAR 36.204 is between $250,000-$500,000.

(e) Site Visit. No formal site visit is planned for this project. For further information, please contact Stephanie Bransford, Nez Perce Tribe Fisheries, at 208-983-0675.

(f) Pre-bid Meeting: None. See photos supplied in Section J. Offerors are encouraged to walk in via the access route to observe project area. Motorized travel to the project area is prohibited outside the contract performance period.

(g) Period of performance: Estimated start date is July 15, 2015. Completion deadline: October 31, 2015. (See Section F, FAR Clause 52.211-10 Alt I.)

(h) Government Furnish Property: None.

C- 2 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 Sections L and 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-3 – DRAWINGS

These drawings are part of this solicitation and any resulting contract and are found in an attachment in Section J.

C-4 - PROJECT SPECIFICATIONS

The project specifications include the general description of work, materials, and instructions governing the execution of work specific to this project. Specifications are listed below in this Section Parts C-4.1 through C-4.3.

C-4.1 - GENERAL DESCRIPTION OF WORK AND REQUIREMENTS

1) The contractor shall provide all labor, supervision, equipment, tools, supplies and materials (except those furnished by the Government) necessary to complete the project in accordance with the specifications and drawings. This includes but is not limited to the mobilization and procurement of equipment or materials from on or off-site sources, preparation of materials, placement of materials including mulch, erosion and sediment control measures and structures, broadcast seeding in disturbed areas, and clump planting of vegetation. Payment for work shall be made under the pay items included in the Schedules of Items B-1. All other work and materials will be considered incidental to and included in the payment for items shown.

2) Access to and activities within the project area will be allowed from July 15, 2015 to October 31, 2015 so long as ground conditions and water levels permit. Ground conditions should be sufficiently dry to operate equipment without causing irreparable soil damage. Mechanized equipment is prohibited from entering the stream channel; no in-stream work is required under this contract. Mechanized equipment shall not enter wetlands except where specifically designated in the drawings or on the ground by the Contracting Officer (CO).

3) Under this contract, the designated access route will be repaired prior to use. Water damage shall be mitigated, water bars will be graded, and slash removed. Road will be brought back to grade over existing culvert(s). See Section C – 4.2 – EXECUTION, 2) Access Improvement/Maintenance for additional details and Section M for technical proposal requirements.

4) Access improvement will be accomplished commensurate with the contractor’s need for equipment access, materials staging, mobilization and crew transportation, such that sediment introduced to the stream is minimized.

5) A work schedule shall be submitted to the Government at the pre-work meeting, prior to contractor mobilization. If contractor fails to meet the work schedule, the Contracting Officer’s Representative (COR) will meet weekly with the contractor’s field representative and key personnel to discuss the previous weeks’ progress and the plan for the upcoming week.

6) All work will be accomplished carefully, to minimize disturbance outside of work areas. Heavy equipment will work between existing shrubs and trees in the riparian zone/floodplain as much as possible to avoid unnecessary damage. When willow, alder, and sedge mats are removed in the process of removing dredge piles, it will be removed in clumps as much as possible and set aside for replanting (within 1 day or 8 hours) on re-graded stream banks or floodplain.

7) Prior to contractor beginning work on this project, a camp plan and/or a machinery staging area plan will be submitted to the CO for approval. All camp facilities will be self-contained for sewage, all trash will be removed from camp area. See Section H for additional details.

8) Turbidity: All state and local water quality regulations will be met. The contractor will limit turbidity by strategic location of equipment, for example by working from stream banks with stable banks, rather than instream. Excavation equipment will avoid working on undercut banks. Damage to riparian areas will be avoided. State of Idaho (IDAPA 58.01.02 pg 148(e)) Department of Environmental Quality turbidity criterion for water quality standards are as follows: Turbidity, below any applicable mixing zone set by the Department, shall not exceed background turbidity by more than (50) NTU instantaneously or more than twenty-five (25) NTU for more than (10) consecutive days and/or for up to 3 continuous hours. When/If (50) NTUs above background levels are detected, the contractor will cease instream work. Activities will be allowed to proceed once the readings return to background levels or (10) NTUs.

9) If a listed fish is found in imminent peril of death or harm, such as finding a live fish out of water in a drying pool, the contractor shall take immediate steps to rescue the fish by transferring it to flowing water or other safe location, even if those efforts may accidentally kill the fish. If possible, or without further jeopardizing the fish, the contractor should photograph the affected fish before moving it, and note the number, size, and location of fish rescued or killed. The finder must notify the CO as soon as possible.

10) If the contractor encounters a steelhead that is sick, injured, or killed as a result of project-related activities, and if the fish would not benefit from rescue, the contractor should leave the fish alone, make note of any circumstances likely causing the death or injury, location and number of fish involved, and take photographs, if possible. If the fish in question appears capable of recovering if rescued, photograph the fish (if possible), transport the fish to a suitable location, and record the information described above. Adult fish should generally not be disturbed unless circumstances arise where an adult fish has obviously been mortally injured or killed by project activities or some unnatural cause. The contractor must contact the CO as soon as possible. The contractor may be asked to carry out instructions provided by Law enforcement to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

11) Fish passage through the project area will be maintained at all times.

12) A spill prevention and control plan (SPCC) that is approved by the CO will be required for handling and storage of petroleum products. Any storage of petroleum products in excess of 200 gallons will be kept within constructed containment structures that have an impervious liner with a capacity 150% of the storage container. The containment structure will be located at least 300 feet from live water. Contractor will be permitted to transport fuel for daily equipment consumption but no storage of fuels will be permitted on project area. Fueling of equipment shall occur at a minimum distance of 40 feet from a stream course and will utilize absorbent pad(s). Spills of 25 gallons or less shall be reported immediately to the COR and removed from National Forest property. Spills over 25 gallons must be reported to the CO and Idaho Department of Environmental Quality. Removal shall be in accordance with the spill prevention and control plan. Storage of fuel may occur off of Newsome Creek Road (FS 1858) or other approved areas not on project area so long as it meets the requirements outlined above.

13) The CO may temporarily suspend work during periods of heavy precipitation.

C- 4.2 – EXECUTION OF CONSTRUCTION WORK (ACCESS IMPROVEMENT AND MAINTENANCE/FLOODPLAIN RESTORATION/DREDGE MATERIAL REMOVAL)

1) EQUIPMENT REQUIREMENTS

(a) All equipment to be used off highway on the project shall be power washed clean of soil and plant parts prior to being mobilized to the project site. The cleaning of equipment will occur off National Forest Lands. All heavy equipment will be inspected by the Forest Service prior to entering the National Forest in accordance with the Noxious Weed clause in Section H.

(b) Before and periodically during performance, construction equipment will be inspected to assure it is clean with no leakage of oil, fuel, or hydraulic fluid.

(c) A track mounted hydraulic excavator in good operating condition with a “thumb” is required for this project. It is anticipated that an excavator of a size equivalent to or greater than a CAT 320 will be required to perform work under this contract. Contractor’s hydraulic excavator will be approved by the CO and should be described in the submitted technical proposal.

(d) A dump truck (10 cubic yard or equivalent) in good operating condition is required for this project. Contractor’s dump truck will be approved by the CO and should be described in the submitted technical proposal.

(e) A bull dozer in good operating conditions is required for this project. Contractor’s bull dozer will be approved by the CO and should be described in the submitted technical proposal.

2) ACCESS IMPROVEMENT/MAINTENANCE

(a) The access route was water-barred and slash was placed to minimize erosion during the spring after completion of the 2014 project phase. Slash shall be removed and water-bars regraded. Any water damage shall be fixed. Large rocks that were placed in front of the gate shall be moved off the access route for the work period.

(b) During performance period, vehicles shall be parked out of sight in the staging area behind the gate on the unimproved access route. This gate shall remain closed during project implementation.

(c) Heavy equipment shall access the project utilizing the designated access route. Once heavy equipment has mobilized to the project site, it will remain within the project area throughout the construction phase unless agreed to by the CO.

(d) In jurisdictional wetlands (wetlands under Forest Service management) the contractor shall use minimal rock to complete road improvement. All wetlands outside the access roadway that are larger than 10 square feet that are disturbed by construction activities, will be reclaimed at the contractor’s expense and approved by the CO. Reclamation will require spreading of a government supplied seed mix.

(e) Beaver dams adjacent to or in the vicinity of the access route shall remain undisturbed unless the dams are flooding the roadway. Obtain CO approval prior to disturbing beaver dams.

(f) Rock is available at the dredge piles on the project for use in stream crossings, ditch lines, and sections of roadway that need improvement. Small diameter trees are available on the project to corduroy sections of roadway and eliminate large saturated sections. Obtain CO approval prior to cutting or pulling trees for corduroy.

(g) Upon project completion, from Reach 2 to the gate, water bars and surface drainage will be constructed and excess brush will be placed on the outside of the road to minimize winter and spring erosion damage to the access. Approximately 15 – 20 waterbars will be required at locations designated by the CO. The gate shall remain and barrier rocks shall be placed in close proximity to discourage ATV access.

(h) Access route through dredge removal area shall be moved to the toe of the repository (off of the floodplain, see Plan Sheet 3).

(i) Payment on Pay Item 4 Access Improvement and Maintenance will be 50% when access improvement features are installed and accepted and 50% on final payment.

3) FLOODPLAIN GRADING AND DREDGE PILE REMOVALS

(a) Staking will be completed by the Government as follows:

1. Left and right channel designation is determined facing downstream.

2. Dredge pile excavation units, repositories, and soil stockpiles will be staked by the Government prior to construction. Contractor is responsible for the protection and maintenance of construction stakes and grade stakes. No cost or time adjustment to the contract will be permitted to repair or replace stakes.

3. All stakes or other markers on the project will be maintained until authorized by the CO to remove them. Specifications and typical drawings may be adjusted to meet varying site conditions if necessary.

(b) See Drawings and Design Plan for general locations of dredge piles to be removed and repository locations. Dredge piles I: Relocate piles to Repository R3 and/or R4 using most efficient methods.

(c) The floodplain finished surface shall be within 0.2’ of the bankfull elevation of the channel and consist of localized variation and roughness (similar to work performed in 2014). Note: Floodplain width will be approximately 150 feet from the streambank towards the toe of the slope. (as staked by the Government). In addition, select piles outside of the 150’ floodplain width may be staked.

(d) Construction activities shall not commence until all necessary temporary erosion and sediment controls are installed and properly maintained.

(e) Excavated material from dredge piles shall be disposed of in the designated repository areas (see Drawings).

(f) Dispose of surplus excavated material on-site at a location designated by the COR.

(g) The contractor will be responsible for stockpiling all large rocks (> 18” diameter) and trees (all spruce and Douglas fir >12” DBH) acquired in access construction/reconstruction and dredge pile removal. In addition, trees removed for these activities will be stockpiled or spread on floodplain with root wads intact. These will be used in future years for the construction of instream and floodplain structures. These materials will be stockpiled / spread at locations designated by the CO throughout the dredge pile removal area.

(h) Use construction methods which preserve the stability of the soil adjacent to the excavation.

(i) All finished surfaces shall be left in a decompacted state with a diversity of elevations.

(j) Sequence of construction activities shall be as follows unless otherwise approved by the CO:

i. Government will flag area extent of each removal, repository, and leveling area.

ii. Obtain CO approval for each area.

iii. Install temporary erosion and sediment control measures, if necessary.

iv. Preserve or salvage existing vegetation and wetland sod (See Existing vegetation and Clump planting below). Where trees must be removed, they will be stockpiled for future instream habitat or provide floodplain roughness.

v. Excavate floodplain material and haul to designated repositories.

vi. Remove temporary erosion and sediment control measures.

vii. Return salvaged vegetation and transplant local vegetation as available.

4) REPOSITORIES AND SOIL SOURCE EXCAVATION AND PLACEMENT

(a) Dredge material from dredge piles within the floodplain of Newsome Creek will be hauled to identified repository areas as shown on the drawings or as designated on the ground by CO. Repository areas have been located throughout the project area. Repository creation, filling, and finishing are incidental to dredge pile removals. Note: R3 will hold roughly 5,000 CY and R4 shall hold the remainder.

(b) Repository development will require an excavator with a thumb and a dozer. Trees will be removed intact, maintaining limbs and rootwad. Topsoil will be removed and stock piled on the sides of the repository (up to 12” to reclaim repository (Pay Item 1)).

(c) The soil in the repository areas may be much deeper than 12 inches. The mineral soil layer is up to 8-10 feet deep in some areas. Suitable excess soil will be excavated and stockpiled adjacent to the repository area from which it was excavated for future use in the reach as designated by the CO and flagged on the ground. Payment for this item shall be made under Schedule of Items B-1, Pay Item 2 and shall not exceed estimated quantity without contract modification.

(d) Soil will be spread over deposited dredge material at a depth of 6-12 inches but left uncompacted.

(e) Slash will be distributed as prescribed in section C-3.2, 5). Seed and straw mulch are not required on repository areas where covered by local topsoil.

5) EXISTING VEGETATION AND CLUMP PLANTING

(a) Vegetation salvage (clump plants and sedge mats) will be payed under Item 5 - Equipment Rental Hydraulic Excavator. Contractor and CO will both track hours spent on vegetation salvage.

(b) Vegetated areas that are more than 20’ from edge of Newsome Creek that are within 1’ of bank-full elevation will be preserved (as flagged by CO). Other vegetated areas may be identified for preservation as flagged by the CO. No payment will be made for vegetation that is preserved in its existing location.

(c) Clumps of vegetation shall be salvaged where feasible. This will be accomplished with an excavator and the clump shall be of sufficient size to maintain all the root system and contain adequate soil to enhance favorable growth. Where possible, move vegetation clumps to their final location without stockpiling.

(d) All clumps of woody riparian vegetation in excess of 3.0 feet in height and root mass of 3 foot by 3 foot that are removed from stream bank dredge removal locations will be maintained and used to complete the project. These plants shall be transplanted to sites on the constructed floodplain locations as approved by the CO.

(e) Clump planting also includes sedge mat clumps. Clumps of sedge mats shall be of a minimum of 7 square ft. in size.

6) MULCH, SEED, AND SLASH

(a) Mulching, seeding, and slash placement shall be performed across dredge pile excavation and repository areas. Seed and straw mulch are not required on the repository areas where covered with local topsoil.

(b) Hand-operated seeding methods are satisfactory on areas inaccessible to mechanical equipment.

(c) Store and handle material to preserve its quality and fitness for the work. The Contractor is responsible for the security of all stored material.

(d) Conform to the Federal Seed Act, the Federal Noxious Weed Act, and applicable State and local seed and noxious weed laws. Do not use wet, moldy, or otherwise contaminated or damaged seed.

(e) Furnish the kinds of seed and the amounts to be applied in terms of Pure Live Seed as follows:

(rounded to nearest pound)

Annual Rye (Lolium multiflorum)

‘Garnet’ Mountain brome (Bromus marginatus)

Blue wildrye (Elymus glaucus)

‘Nezpurs’ Idaho fescue (Festuca idahoensis)

(f) Apply seed by the dry method. No fertilizer shall be used.

(g) Seed shall be applied between July 15 and October 31st. Seed shall not be applied during windy weather or when the ground is excessively wet, frozen, snow covered, extremely dry, cloddy, hard pan, or is otherwise unsuitable.

(h) All disturbed wetlands outside of access roadway over 10 square feet will be reclaimed at the contractor’s expense and approved by the CO. Reclamation will require a government approved seed mix.

(i) All slash developed during project operations will be distributed on disturbed areas evenly. Slash comprised of tree trunks > 5 inch DBH will be distributed between 15 ft to 50 ft spacing. Slash comprised of limbs will be distributed between 3 ft to 10 ft spacing. Excess slash developed will be placed as directed by the CO.

7) USE OF EQUIPMENT RENTAL

(a) All construction activities planned for this project have been placed in an appropriate pay item. Due to the limited access and site investigation a contingency plan is to utilize the construction equipment on an hourly basis (Item 5 - Hydraulic Excavator, Item 6 - Haul Equipment, 7 - Dozer) if unforeseen needs or conditions arise. In addition, vegetation salvage (clump planting and sedge mat transplants) will be paid for under Item 5 – Equipment Rental Hydraulic Excavator. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price. If a need arises to do work under this pay item the CO and the contractor will agree on the work to be done and the Forest Service will monitor the work and hours used. Work under this item can be agreed upon verbally or with a work order and will be for actual work without standby time. Hours utilized will be paid at the unit price of the contract. Funding for hours not utilized will be deobligated once final payment is made.

C- 5 – METHODS OF MEASUREMENT AND MOBILIZATION

C- 5.1 – METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED IN THE SCHEDULE OF ITEMS for each PAY ITEMS.

(a) Designed Quantities (DQ). These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertisement of the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units DESIGNATED IN THE SCHEDULE OF ITEMS may be authorized under any of the following conditions:

i. Changes in the Work authorized by the CO.

ii. A determination by the CO that errors exist in the original design that cause a PAY ITEM quantity to change by 15 percent or more.

iii. A written request by the contractor submitted to the CO showing evidence of errors in the original design that cause the quantity of a PAY ITEM to change by 15 percent or more. The evidence must be verifiable and consist of calculations drawings, or other data that show how the designed quantity is in error.

(b) Actual Quantities (AQ). These quantities are determined from measurements of completed work.

(c) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

C- 5.2 – MOBILIZATION

(a) This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining of permits, insurance, and bonds.

(b) Payments for mobilization include the obtaining of permits, insurance, and bonds.

i. Bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments under Fixed Price Construction Contracts, after receipt of the evidence of payment.

ii. When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

iii. When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

iv. Any portion of mobilization item in excess or 10 percent of the original contract amount will be paid after final acceptance.

SECTION E - INSPECTION AND ACCEPTANCE

E-1 - INSPECTION OF CONSTRUCTION (FAR 52.246-12) (JUL 1986)

(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 October 31, 2015. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 15, 2015. 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 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from July 15, 2015 through October 31, 2015.

SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days of commencement of work. The conference will be held at Nez Perce-Clearwater National Forests Grangeville Office, 104 Airport Road, Grangeville, ID 83530.

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.