Nez_Perce-Clearwater_NF_Brushy_Fork_Alkire_Rd_359_Culverts_(AG-02RC-S-15-0097).doc

Brushy Fork, Alkire, & Rd 359 Culverts

AG-02RC-S-15-0097

Nez Perce-Clearwater NF

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA US Forest Service Nez Perce-Clearwater NF

12730 HWY 12

Orofino, ID 83544

See Contract Time

FOB DESTINATION

a. NAME OF CONSIGNEE

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

Brushy Fork, Alkire, & Road 359 Culverts Powell Ranger District

Nez Perce-Clearwater National Forest Idaho County, Idaho

PLEASE PLACE YOUR QUOTE IN SECTION B-1 SCHEDULE OF ITEMS

FURNISHING QUOTATION: Complete Standard Form 18, Section B, Section K, Technical Proposal, and Requirements of Section L as your quote. Return to the address shown in Block 5a. Please place “Solicitation No. AG-02RC-S-15-0097” 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

Brushy Fork, Alkire, & Road 359 Culverts Powell Ranger District

Nez Perce-Clearwater National Forest

Idaho County, Idaho B- 1 Schedule of Items

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

(Government Furnished)

TOTAL FOR ALL BASE ITEMS NEXT PAGE.

** Thickness shown in Section B is what is required for contract. Page 2 of drawings is incorrect thickness.

B2:BASE ITEM – Alkire Culvert Replacement Road 359 MP 1.70

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

(Government Furnished)

TOTAL BID PRICE ( ALL BASE ITEMS ) $_________________

B3: – Brushy Fork Culvert, Road 5669 MP 4.45

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Sum

(Government Furnished)

TOTAL BID PRICE ( ALL OPTIONAL ITEMS ) $_________________

Total (All Items) _________________

* Designated Method of Measurement:

DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, SQ - Staked Quantities, CQ - Contract Quantities

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- 2 Quote on all items. Only quotes to the nearest cent will be accepted.

B- 3 Written Acceptance Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 4 Basis of Award One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work.

As your offer, submit a completed and signed Standard Form 18, completed Schedules of Items (Schedule B-1, Base Item and Schedule B-2, Optional Item), a Technical Proposal, an original bid bond (if total offer value exceeds $150,000), a completed Section K, and a completed State of Idaho Certificate of Verification of Worker’s Compensation Insurance.

Technical and price proposals are required for evaluation of offers. See Sections L and M for proposal instructions and evaluation/award information. Facsimile proposals are NOT acceptable.

Award of Optional Item The Government reserves the right to award all or none of the optional item at the time of award of the Base Project Item. Offerors must submit prices on the optional item to be considered for award. Award of the optional item is contingent upon funding availability. The Government intends to make one award from this solicitation.

B – 5 Hourly Rental Work

Contractor shall give a price per hour under Item 62201 Hydraulic Excavator with Thumb and for Item 62202 Large Dump Truck for additional work above the estimated quantities that is encountered during the contract performance. The Government does not guarantee any additional quantities will be purchased.

B – 6 FAR 52.237-1 Site Visit. (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

B – 7 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

B – 8 Payment for Bond Premiums 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.*

*FAR 52.228-15 Performance & Payment Bonds Construction (OCT 2010). For Construction projects below the Simplified Acquisition Threshold (SAT) but greater than $30,000.00 a payment bond (SF-25A.14a) is required as a legitimate quoted offer for this project. See also alternative forms of security.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Project Description and Location

a. Scope of Contract. This project is in collaboration with the Nez Perce Tribe Watershed program. The goal of this partnership is to use restoration techniques to improve the waterway. This contract includes installation of an Aquatic Organism Passage deep fill culvert to imporve this water way. Erosion control will be used to protect watershed. All work shall be in compliance with this solicitation’s specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

b. Description of Work.

1. Base Item - Brushy Fork Culvert FS Road 5669 at milepost 4.40: Work consists of the removal of existing 36” culvert and replacing with a new 66” diameter Corrugated Steel Pipe. Work includes culvert removal and disposal, installation of new culvert, placing riprap, rebuilding road prism, replacement of aggregate surfacing, and all other work necessary to complete the project as required by the contract, plans, and specifications. Contractor shall be responsible for culvert layout and road prism staking though a professional surveyor is not required.

2. Base Item - Alkire Culvert FS Road 359 at milepost 1.70: Work consists of the removal of existing 48” culvert and replacing with a 103” Span, 71” Rise Corrugated Steel Pipe Arch (CSPA). Pipe Arch was previously purchased by the government and is located at the Savage Pass Pit. Work includes culvert removal and disposal, installation of the culvert including transportation to site, placing riprap, rebuilding road prism, placement of aggregate surfacing, installation of open tops, and all other work necessary to complete the project as required by the contract, plans, and specifications. Contractor shall be responsible for culvert layout and road prism staking though a professional surveyor is not required.

3. Optional Item - Brushy Fork Culvert FS Road 5669 at milepost 4.45: Work consists of the removal of existing 48” culvert and replacing with a new 66” diameter Corrugated Steel Pipe. Work includes culvert removal and disposal, installation of new culvert, placing riprap, rebuilding road prism, replacement of aggregate surfacing, and all other work necessary to complete the project as required by the contract, plans, and specifications. A professional surveyor is required for culvert layout and road prism staking.

c. Project Location. The project is located east of Kooskia, Idaho approximately 100 miles, near the Idaho/Montana border.

1. From Kooskia, ID travel East on Highway 12 for 96 miles to the junction of FS Road 369. Turn south on Road 369 and travel for 2.07 miles to the junction with FS Road 5669. Turn East on Road 5669 and travel for 4.40 miles and beginning of project.

2. From Kooskia, ID travel East on Highway 12 for 89 miles to the junction of FS Road 111. Turn south on Road 111 and travel for 4 miles to the junction with FS Road 360. Turn south on Road 360 and travel for 5 miles to the junction of road 359. Turn east and travel for 1.7 miles to the project site.

3. From Kooskia, ID travel East on Highway 12 for 96 miles to the junction of FS Road 369. Turn south on Road 369 and travel for 2.07 miles to the junction with FS Road 5669. Turn East on Road 5669 and travel for 4.45 miles and beginning of project.

d. Pre-Bid Tour. No pre-bid tour is planned.

e. Start Work. It is estimated that work will begin on July 1, 2015.

f. Period of Performance. (See Part I, Section F, Clause 52.211-10).

g. Construction Timing. All instream work for all three sites shall not start until July 1, 2015 and all work must be completed by September 30, 2015. Contractor shall notify CO in writing 14 days prior to starting any ground disturbing work and closing the road.

C-2 - GOVERNMENT FURNISHED MATERIAL

Item 25101 Riprap, Class 3 - The Government source for Riprap for this project is the Wendover Cabin site located on FS Road 5621 in Section 26 of T37N, R13E, or the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 30809 Crushed Aggregate. - The Government source for crushed aggregate is the Powell Pasture Stockpile located at MP 0.2 of Forest Road No. 5910A, which is left at the junction of Forest Road 5910. The pit is in Section 28 of T37N, R14E.

Item 60253 103” Span x 71” Rise CSPA – The culvert is stored at the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 57001 Treated Timber 20’ Open Top – Are stored at the Powell Pasture Pole Barn located on FS Road 5910 at MP 1.2.

Waste Site – Government Furnished. The waste site for excess and unsuitable material is the Wendover Pit or the Savage Pass Pit described above. All other materials designated for removal and disposal must be disposed of away from Forest Lands.

C-3 - STANDARD SPECIFICATIONS

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-4 - FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service supplementary specifications are included as a separate APPENDIX of this solicitation. The supplementary specifications applicable to this project are listed in Part III, Appendix A.

C-5 – DRAWINGS

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

Base Item: Entitled “BRUSHY FORKS ROAD CULVERT REPLACEMENTS NFSR #5669 MP-4.40”

Base Item: Entitled “ALKIRE CREEK CULVERT REPLACEMENT FS ROAD 359 MP - 1.70”

Optional Item: Entitled “BRUSHY FORKS ROAD CULVERT REPLACEMENTS NFSR #5669 MP-4.45”

C- 6 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.

(*Sample of biobased products for construction projects) Grease Removers Insulating Foam Concrete and Asphalt Release Fluids

Fluid-filled Transformers Wood and Concrete Sealers Composite Panels

Adhesive and Mastic Removers Carpets Roof Coatings

Hydraulic Fluid Water Tank Coatings

(*Sample of biobased products for building mtce – light construction projects (Operations and Maintenance) Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids

Absorbents Diesel Fuel Additives Greases

Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers

Fertilizers Roof Coatings Water Tank Coatings

Adhesive and Mastic Removers Cleaners Sorbents

Floor Finish Floor Stripper Composite Panels

Insulating Foam Sealers Carpet

Metalworking Fluids Graffiti and Grease Removers Stain Removers

Degreasers De-icers

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 Experience Questionnaire, pages **).

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.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 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

52.246-12 Inspection of Construction (AUG 1996)

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

PART I - THE SCHEDULE

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) Construction work on the project shall commence July 1st, 2015, and proceed in accordance with the contractor’s approved work schedule and run continuosly with no shutdowns. All work, including final cleanup, shall be completed by October 31th, 2015.

Any in-stream work cannot start before July 1, 2015.

F- 3 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from __Date of Award_________ through ____31 October 2015____________.

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.236-2 Differing Site Conditions. (APR 1984)

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

F-5 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, Items: 62201A, Hydraulic Excavator with Thumb and 62202B Dump Truck. All work under these items will be approved by the Government Contracting Officer prior to starting with no adjustment in contract unit price.

F-6 FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed price contract resulting from this solicitation.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G-1- 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.

Item 25101 Riprap, Class 3 - The Government source for Riprap for this project is the Wendover Cabin site located on FS Road 5621 in Section 26 of T37N, R13E, or the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 30809 Crushed Aggregate. - The Government source for crushed aggregate is the Powell Pasture Stockpile located at MP 0.2 of Forest Road No. 5910A, which is left at the junction of Forest Road 5910. The pit is in Section 28 of T37N, R14E.

Item 60253 103” Span x 71” Rise CSPA – The culvert is stored at the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 57001 Treated Timber 20’ Open Top – Are stored at the Powell Pasture Pole Barn located on FS Road 5910 at MP 1.2.

Waste Site – Government Furnished. The waste site for excess and unsuitable material is the Wendover Pit or the Savage Pass Pit described above. All other materials designated for removal and disposal must be disposed of away from Forest Lands.G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

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.

PART I - THE SCHEDULE

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

H- 1 Use of Premises The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H- 2 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 June 1 to October 31.

(c) Transportation Facilities. Access to project is located east of Kooskia, Idaho. From Kooskia travel East on Highway 12 two lane paved highway. FS Road 369 and FS Road 5669 are single lane gravel road with turnouts. FS Road 5669 has large drivable dips which are difficult for long trucks to navigate. FS Road 111 is a two lane gravel road. FS Road 360 is single lane gravel road with minimum turnouts, it is steep and difficult for truck traffic. FS Road 359 is a single lane native surface road with minimum turnouts and turnarounds.

(d) Material Sources.

Item 25101 Riprap, Class 3 - The Government source for Riprap for this project is the Wendover Cabin site located on FS Road 5621 in Section 26 of T37N, R13E, or the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 30809 Crushed Aggregate. - The Government source for crushed aggregate is the Powell Pasture Stockpile located at MP 0.2 of Forest Road No. 5910A, which is left at the junction of Forest Road 5910. The pit is in Section 28 of T37N, R14E.

Item 60253 103” Span x 71” Rise CS Arch Pipe – Is stored at the Savage Pass Pit located adjacent to FS Road 360 at MP 2.9 in Section 18, T36N, R14E.

Item 57001 Treated Timber 20’ Open Top – Are stored at the Powell Pasture Pole Barn located on FS Road 5910 at MP 1.2.

BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the 2009 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.

As a minimum, it is anticipated that the following type and number of signs will be required:

For Brushy Fork Culvert Replacements (Base Item 1 and Optional Item)

For Alkire Culvert Replacement (Base Item 2)

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

(a) The Contractor shall assign to this contract the following key personnel: ____Site Superintendent or Senior Operator______________

(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 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 5 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved 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 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 where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

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

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

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

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with 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 usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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

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

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

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

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

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

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

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

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

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

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

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

H- 6 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 7 Incidental Payment Items

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

H- 8 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 9 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 10 Equipment Fuel/Oil Leakage.

All equipment used for instream 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 before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

All equipment (heavy equipment, chainsaws, ATVS, other hand power tools) will be fueled outside of stream-adjacent riparian areas and wet areas. Specific fueling areas may be approved and designated by the CO. When not in use, vehicles and fueling equipment will be stored in a designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, will be available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

H-11 Weed Free Equipment 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.

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.