RFP.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0343-S-16-0003 HELP PREVENT FOREST FIRES

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)

Issuing Office:

U.S. Forest Service

Northern Region - AQM

24 Fort Missoula Road

Missoula, Montana 59804

Offers Are Solicited For:

Riley Pass Bluffs F, G, I Removal Actions

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0343-S-16-0003

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

1/4/2016

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.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service Northern Region-AQM 24 Fort Missoula Road Missoula, MT 59804

US Forest Service Northern Region-AQM 24 Fort Missoula Road Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME

Dale Reckley

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

(406) 329-3525

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):

Custer-Gallatin National Forest

Harding County, South Dakota

Price Range

The Government’s estimate is: Between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time February 4, 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70)

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA 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.)

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

US Forest Service Northern Region-AQM 24 Fort Missoula Road

Missoula, MT 59804

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

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

AG-0343-S-16-0003

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Custer-Gallatin National Forest

Harding County, South Dakota

B- 1 Schedule of Items

Item

No.

Description

*Method of

Measure

Unit Est Qty Unit Price TOTAL

151 Mobilization LSQ LS 1

157 Erosion Control Plan LSQ LS 1

Construction Surveying & Staking, Method I Tolerance

Precision Class C

LSQ LS 1

201 Clearing and Grubbing DQ Acre 18

204.1 Construct and Maintain Haul Roads LSQ LS 1

204.2 Bluff I- Excavate Mine Waste at Designated Areas and

Consolidate Material in the Repository

AQ CY 28,900

204.3 Bluff I - Bluff Spoils Grading at Designated Areas AQ CY 20,116

204.4 Bluff I - Bluff Final Grading AQ Acre 16.1

204.5 Bluff G - Excavate Mine Waste at Designated Areas and

Consolidate Material in the Repository

AQ CY 38,960

204.6 Bluff G - Bluff Spoils Grading at Designated Areas AQ CY 15,035

204.7 Bluff G - Bluff Final Grading AQ Acre 6.8

204.8 Bluff F - Excavate Mine Waste at Designated Areas and

Consolidate Material in the Repository

AQ CY 4,020

Bluff F - Aggregate Surfacing, Compaction Method A

(Forest Service Road #3110)

LSQ LS 1

619.1 Fence, Four Strand Barbed Wire AQ LF 5,859

625.1

Bluff I - Type I Cover-Excavation, Transport and Place

18 inches of cover soil and 1.5 inches of Compost, Fertilize and Seed (Dry Method) and Erosion Control Mat over disturbed areas

AQ Acre 7.3

625.2

Bluff I - Type II Cover-Excavate, Transport and Place 12 inches of cover soil and 1.5 inches of Compost, Fertilize and Seed (Dry Method) and Erosion Control Mat over disturbed areas

AQ Acre 8.3

625.3

Bluff G - Type II Cover-Excavate, Transport and Place

12 inches of cover soil and 1.5 inches of Compost, Fertilize and Seed (Dry Method) and Erosion Control Mat over disturbed areas

AQ Acre 8.9

* Designated Method of Measurement:

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

B- 2 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.

Item

No.

Description

*Method of

Measure

Unit Est Qty Unit Price TOTAL

625.4

Bluff F - Type II Cover-Excavate, Transport and Place 12 inches of cover soil and 1.5 inches of Compost, Fertilize and Seed (Dry Method) and Erosion Control Mat over disturbed areas

AQ Acre 2.5

665 Bluff I Underdrain Outlet LSQ LS 1

666.1 Reconstructed Drainage Channel AQ LF 435

666.2 Channel Grade Control Structures AQ EA 5

667 Develop Borrow Area - Strip and Stockpile Topsoil AQ Acre 20.6

Reclaim Borrow Area - Replace Topsoil, Place 1.5 inches of Compost, Fertilizer and Seed (Dry Method) AQ Acre 20.6

669 Rock Salvage and Placement AQ EA 500.0

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for successful completion of the work. The CONTRACTOR must furnish all labor, materials, equipment/tools, transportation, supervision, and supplies necessary to complete the work according to the contract. Work includes the following:

Mobilization, Demobilization, Bonding, and Insurance

Waste Consolidation and Repository Construction o Waste material from Bluffs F, G, and I shall be excavated, hauled, and placed in the Bluff I repository area. The Bluff I Repository was partially constructed under previous Forest

Service Contracts. Contractor shall remove any temporary erosion control measures installed from previous Forest Service contracts within the Bluff I Repository prior to placing waste.

Waste shall be placed uniformly over the surface of the repository to the neat lines and grades shown on the Drawings. Some regrading of previously places wastes is necessary to produce the neat lines and grades shown on the drawings.

Bluff Spoils Regrading – Spoils shall be redistributed throughout the spoils areas to create complex landforms consisting of ridges, subridges and drainage ways. Following completion of these complex landforms, some excess spoils will be present and will be placed in the repository with waste material

Bluff Cover, Types I and II o Excavate and transport cover soil and 1.5 inches of compost, fertilize and seed and place erosion control mat over disturbed areas.

Bluff Final Grading

Obliteration of a portion of an existing road near Bluff G

Construction of a new segment of a road to the borrow area

Construction of temporary haul roads from the borrow area to the base of Bluff I and G and throughout the spoils area

Four Strand Barbed Wire Fence

Channel construction and channel grade control structures.

Develop Borrow Source o Strip and stockpile topsoil for reclamation of the borrow area o Excavate borrow soils as needed for cover material

Reclaim Borrow Area o Regrade the Borrow Area o Replace Topsoil. Place 1.5 inches of compost, fertilize and seed and place erosion control mat.

Individual bid/work items are described in more detail in Section C-14 (Bid Item description)

This work requires potentially handling mine waste which may contain metals and other chemicals that are listed as hazardous substances under the Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA) 42 U.S.C. 9601 and 9602. The CONTRACTOR shall provide written documentation that all on-site personnel engaged in the Work have received the Occupational Safety and

Health Administration 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER)

Training required under 29 CFR 1910.120.

CONTRACTOR shall be the sole authority for the means, methods, techniques, sequences, or procedures of construction and the safety precautions taken incident thereto. When the contract documents say “as directed by the CO,” the phrase does not refer to the means and methods of construction, but instead to the

Contracting Officer (or Contracting Officer’s Representative) directions or instructions to CONTRACTOR as to the Scope of Work, what the contract documents require, and whether the work satisfies the contract requirements.

CONTRACTOR assumes full and sole responsibility for the capability of selected construction techniques to complete the work in accordance with the contract documents. CONTRACTOR also assumes full and sole responsibility for safety and environmental protection with the selected construction techniques. Review of submittals by CO in no way relieves CONTRACTOR of these responsibilities.

The total price for each item of the contract shall cover all work shown on the Drawings and required by the contract specifications (FP-03 Standard Specifications, Forest Service Supplemental Specifications, and

Special Project Specifications), contract clauses, and other contract documents. All costs in connection with the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction equipment, tools, incidentals; and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and lump sum prices bid. No item that is required by the contract documents for the proper and successful completion of the work will be paid for outside or in addition to the prices submitted in the bid.

Work shall include all incidentals necessary to complete the project as specified in the contract regardless of whether the incidental work is identified in the contract documents.

(b) Project Location. The Riley Pass Uranium Mine Site (Site) is located in the North Cave Hills land unit of the Custer Gallatin National Forest in Harding County, South Dakota. Bluffs F, G and I are located in Sections

35 and 36, Township 22 North, Range 5 East, Black Hills Meridian.

The Site is approximately 100 miles north of Belle Fourche, South Dakota, 25 miles north of Buffalo, South

Dakota, and 30 miles south of Bowman, North Dakota. The nearest town is Ludlow, South Dakota, which is approximately 5 miles to the east of the Site. The Site can be accessed by turning west off U.S. Highway 85 onto Tufte Road, 2 miles north of Ludlow; then turning left on Riley Pass Road which turns into Forest

Service Road (FSR) #3120 at the National Forest boundary. The main access roads within the Forest boundary are Forest Service Roads #3120 and #3130 as well as the Welch Fire Trail, a county section line road just south of Ludlow.

The Site is primarily situated on National Forest System (NFS) land managed by the United States Department of Agriculture, Forest Service (USDA-FS), Custer Gallatin National Forest (CGNF). CONTRACTOR is responsible for obtaining a site access key from USDA-FS CGNF. Such key shall be returned to USDA-FS prior to final payment. During times when the CONTRACTOR is on site, the CONTRACTOR shall leave the gate closed but unlocked with the lock located at the gate in a discreet location. During times when the

CONTRACTOR is not at the site, the CONTRACTOR will close and lock the gate. CONTRACTOR shall carefully coordinate with others who may be on the site regarding the locking of the gate.

(c) Pre-Bid Tour. The pre-bid tour is scheduled for January 12, 2016, 10:00 a.m., Mountain Standard Time.

Meet at the Ludlow Community Center on the east side of US Highway 85 behind the Ludlow School.

Contractors must sign up to attend the pre-bid tour; if weather does not allow an on-site visit, the tour will be cancelled a minimum of 3 days in advance.

(d) Start Work. Work shall commence no later than 10 business days following issuance of the Notice to

Proceed.

(e) Period of Performance. It is estimated that work will begin on or about June 1, 2016 and continue for a period of 120 calendar days. All work under this contract must be completed before the contract ending date.

(f) Price Range. The project magnitude is estimated to be between $1M and $5M.

(g) Noxious Weed Control. In order to prevent the potential spread of noxious weeds, the CONTRACTOR is required to furnish weed-free equipment. The CONTRACTOR’S equipment shall be cleaned to remove all dirt, vegetation, and material that may carry noxious weed seeds into the construction area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate on the project. All subsequent move-ins shall be treated the same as the initial move-in. PRIOR TO MOVE-IN, THE CONTRACTOR SHALL MAKE EQUIPMENT AVAILABLE FOR FOREST SERVICE

INSPECTION AT AN AGREED LOCATION. "Construction equipment" does not include personal vehicles or support equipment that remains on the main travel route. CONTRACTOR shall provide the CO with at least 48 hours advance notification when the equipment is ready for inspection.

(h) Maintenance of Roads. The main access roads for this contract are Forest Service Roads (FSR) #3120, #3130 and the Welch Fire Trail. The Contractor shall water, as necessary and maintain these roads, as well as any temporary access roads from the borrow area, Bluff I repository and Bluff G for maintenance and dust suppression to ensure safe and reasonable access on these roads during the project. Road maintenance shall be conducted in accordance with satisfaction of the CO and in such a manner so as to facilitate vehicular traffic and to minimize excessive construction disturbance to all roads affected by required work and all roads used by construction traffic. The CONTRACTOR shall maintain access on all roads to and on the site at all times. Road maintenance is incidental to other work items. Final road grading on completion of the project is also considered incidental and no separate payment will be made.

Aggregate surfacing on FSR #3120 from the Forest Boundary to the junction with FSR #3130 and material elsewhere within the project area may contain erionite, a zeolite mineral that, in its fibrous form, may have properties similar to asbestos. Erionite may pose health risks to those who breathe in the fibers. The

CONTRACTOR shall take measures to mitigate the risk of airborne dust bearing erionite.

The CONTRACTOR shall be responsible for locating any water sources. The use of any water sources may be limited. Potential water sources on NFS lands include a spring-fed pond immediately east of Bluff B

Sediment Pond 4, Brown’s Pond or Schleichart Reservoir. It is the CONTRACTOR’S responsibility to obtain permission for water use from any private water sources off Forest.

Routine road maintenance shall be considered incidental to other work items. Existing road surfaces consisting of scoria or other granular materials that have been impacted by haul traffic shall be supplemented with additional scoria or other CO approved road surfacing material.

(i) Aggregate and Material Sources. See Section C-2, Government-Furnished Property regarding borrow sources. Aggregate has been stockpiled adjacent to Forest Service Road #3120 and shall be used as a surface course on that road. No other source of aggregate is supplied by the Government; the Contractor must supply any other aggregate needed for this job. All aggregate imported to the site shall be tested by the

Contractor and shall be non-detect for Erionite by the Polar Light Microscopy (PLM) method. Contractor shall submit test results showing pit location, name, and lab test results before any aggregate is imported to the site.

(j) Restoration by CONTRACTOR. All areas disturbed by the CONTRACTOR’S operations such as, but not limited to, access roads, staging areas, stockpiles, haul roads, loading operations, and disposal operations, shall be restored by grading to the original contours, seeding, fertilizing. Spilled or deposited mine waste in areas other than the designated repository as a result of this removal action shall be collected and placed in the repository. The CONTRACTOR shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the CONTRACTOR shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the CONTRACTOR shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. All debris not designated for salvage shall be disposed off-site in a state-licensed landfill.

(k) Special Construction Techniques. CONTRACTOR should consider the following factors when preparing the bid and planning for the Project. It is inherent in the nature of mine and mineral processing waste reclamation that CONTRACTOR will encounter wastes of varying characteristics on the same site, depending upon milling processes, mineralogy and composition, the deposition and any potential changes to the waste after deposition. Mine or mineral processing wastes may be encountered at the project site, such as slag piles, waste ore, building debris, or other deposited materials. As such, the CO cannot predict with substantial accuracy specific locations on-site or material quantities that require special construction techniques. CONTRACTOR may encounter subsurface conditions that require specialized work or handling techniques at any point during the work (example: layers of saturated material that may require dewatering, double-handling, and/or specialized equipment). It is likely that the CONTRACTOR will also encounter buried pipes or other buried infrastructure. Depending on the nature of the features encountered, it may become necessary for the CONTRACTOR to stop work temporarily at the location of the encountered items so that the CO can investigate potential contamination and call for a surveyor to survey the encountered items.

Erosive mine spoils can be found throughout the Site and are subject to tunneling, piping and collapsing.

Holes can appear suddenly in roads or working areas. Caution should be exercised at all times when operating heavy equipment in or near areas containing erosive mine spoils. The CONTRACTOR shall be aware that areas of the site are located on steep slopes with minimum working clearances and that construction activities may require special safety precautions.

Contractor shall use equipment with survey grade Global Positioning System (GPS) machine-control capability. CO will provide the excavation and various backfill surfaces in AutoCAD format to guide the grading. All earth moving equipment shall be configured to operate with digital terrain models for design grading surfaces provided by Engineer OR Contractor may propose alternative means and methods that will achieve the same level of precision, accuracy and efficiency as an excavator and a bulldozer configured to operate with GPS machine-control capability. Alternative means and methods that require additional grade staking and survey layout by Engineer or Surveyor, and result in additional cost to the Government will not be accepted.

CONTRACTOR shall be the sole authority for the means and methods necessary to complete the Work as specified and shown in the Drawings, Specifications (FP-03 Standard Specifications, Forest Service Supplemental Specifications, and Special Project Specifications) and Contract Clauses. To the extent specialized or repeated handling, active and passive dewatering and other site-specific work methods are required as the wastes are removed/consolidated, the costs associated with these specialized work methods are incidental to the work. CONTRACTOR shall only be paid in accordance with its bid for those unit price and lump sum items expressly described in the schedule of items (Section B-1).

CONTRACTOR assumes full and sole responsibility for the capability of selected construction techniques to complete the work in accordance with the contract documents. CONTRACTOR also assumes full responsibility for safety and environmental protection with his/her selected construction techniques.

Submittal review in no way relieves CONTRACTOR of these responsibilities. The extent of construction technique submittal review by the CO shall be only to ascertain that the proposed technique appears capable of achieving a completed product consistent with the design intent of the contract documents.

There are no known utilities available for the CONTRACTOR’S use at the Site. The CONTRACTOR is responsible for location of all underground utilities prior to ground disturbance elsewhere on National Forest

Service Lands. Damaged utilities shall be repaired at the CONTRACTOR’S expense. Contact South

Dakota One Call prior to any ground disturbance.

(l) Speed and Weight Limits. Posted speed limits shall be observed on all roads leading to the reclamation site as well as all other public roadways. Haul vehicles and all other vehicles used in the work shall strictly comply with these limits. Legal weight limits for public roadways and bridges shall be observed in all hauling activities. All loads leaving the site shall be covered or tarped.

(m) Permits. It shall be the CONTRACTOR’s responsibility to know and abide by any permit requirements for the work. The cost to implement the terms and requirements of the permits shall be considered incidental to the work. Any permit requirements for record keeping and reporting are not necessary for this CERCLA project. Copies of any known permit requirements shall be submitted to the CO prior to initiating construction activities. Delay by the CONTRACTOR in obtaining any permit information, terms and requirements will not be grounds for any extension of the contract time.

In implementing the work, CONTRACTOR shall satisfy the substantive terms of any specific permit or nationwide permit. CONTRACTOR shall direct any questions concerning permit requirements to the CO.

(n) Supervision by Contractor. At all times during performance of this contract and until the work is completed and accepted, the CONTRACTOR shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the CONTRACTOR.

(o) Key Personnel. The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the CONTRACTOR shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the CONTRACTOR without the written consent of the Contracting

Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

(p) Subcontracting. Follow the requirements of FAR Clauses 52.219-14, Limitations on Subcontracting;

52.222-11, Subcontracts (Labor Standards); 52.236-1, Performance of Work by the Contractor; 52.219-8, Utilization of Small Business Concerns; 52.232-27, Prompt Payment for Construction Contracts; 52.244-

2, Subcontracting; 52.244-6, Subcontracts for Commercial Items; and 52228-12, Prospective

Subcontractor Requests for Bonds.

Within 14 days of subcontract award, submit an SF-1413 with Part I completed. Complete other forms that may be provided by the Government to clearly show the work subcontracted and the total dollar amount of the subcontract. For subcontracts involving on-site labor, require the subcontractor to complete Part II of the SF-1413 and complete other forms that may be provided by the Government.

All subcontractors shall have completed HAZWOPER training as described in Section C-1 (a).

(q) Construction Surveying and Staking. See FP-03 Standard Specification 152, Construction and Survey

Staking. The Contractor is responsible for all surveying necessary to complete this project. Surveying subcontractors (if used) shall have completed HAZWOPER training as described in Section C-1 (a).

(r) Moisture and Compaction Testing. Moisture and compaction testing is required for the work. Any provisions for compaction are included under the description of individual bid items in Section C-14 and in Special Project Specifications Section 204.

(s) Use of Premises. CONTRACTOR shall confine equipment, storage of materials, and construction operations to the areas shown on the Drawings. Only authorized personnel are allowed to be on-site during construction activities. CONTRACTOR shall not unreasonably encumber the site or public rights-of-way with materials and/or construction equipment. Should CONTRACTOR deem it necessary to work outside of the general construction areas shown, it shall be necessary for CONTRACTOR to obtain written approval from the CO.

Camping will not be permitted in the project area without written authorization of the CO.

The CONTRACTOR shall provide the location(s) of proposed staging area(s) for CO approval. Access must be maintained to other facilities on the site. The CONTRACTOR shall operate all equipment and store, transport, and handle material in a manner that will not damage existing infrastructure.

Site security is the responsibility of the CONTRACTOR. The CONTRACTOR shall be responsible for protecting all equipment and supplies for use on the project and stored at the site. The CONTRACTOR shall be responsible for all costs required to provide such protection.

The CONTRACTOR shall be responsible for solid waste disposal. The CONTRACTOR shall at all times keep the Site in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges, and refuse shall be removed promptly from the site and disposed on in a lawful manner off National Forest Service Lands. The CONTRACTOR shall pay for all landfill or transfer station fees.

(t) Maintenance of Fences. Any fences adjacent to any work site shall be maintained by CONTRACTOR to the satisfaction of the abutting property owners. Any adjacent fence removed or destroyed during the course of this Contract shall be reinstalled or reconstructed in like kind at no cost to Government or landowner.

The cost for this work shall be considered incidental and no additional compensation will be allowed. Some fences on National Forest Service Lands are to be removed and salvaged as a part of this project.

(u) Decontamination. CONTRACTOR shall provide for vehicle and equipment decontamination, which includes preparing an area where vehicles and equipment shall be decontaminated. Only vehicles that come in contact with contaminated material or other solid or liquid hazardous waste shall require decontamination. The design and construction of the decontamination area, including wastewater collection and storage facilities, must be approved by the CO prior to use. CONTRACTOR shall be liable and responsible for any release of wastewater or hazardous substances from the work areas.

CONTRACTOR shall also provide procedures to prevent the uncontrolled spread of contaminated materials on-site. The procedures should provide means for minimizing or preventing tracking of contaminated material from excavation areas onto access and haul roads. When hauling contaminated material over public rights-of-ways, CONTRACTOR shall prevent the release of contaminated material from haul vehicles by the use of bed liners, covering loads, and wetting loads, as appropriate. Accidental spills of contaminated material on haul roads shall be removed immediately.

Costs of all cleanup work and decontamination shall be considered incidental to other items of work and no additional compensation will be allowed. All decontamination wastewaters shall be disposed of through evaporation or otherwise in accordance with law.

(v) Dust Control. CONTRACTOR shall be responsible for dust control during the work (See FP-03

Standard Specification 158).

All dust control measures are considered to be incidental to the contract and shall be performed at no additional cost to Government.

(w) Protection of Archeological and Historical Features. No historically or archeologically significant features have been identified at the site. If previously unidentified archeological or historic site(s) are encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the

Contracting Officer immediately.

CO shall stop CONTRACTOR’s operation at the place of discovery and direct the operation to another area or task so as to not cause further disturbance to the historic or prehistoric artifacts, structures, remains or human burials. The CO shall conduct proper evaluation and recovery, if necessary, of any discovered prehistoric or historic artifacts, structures, remains, or human burials at no cost to

CONTRACTOR. Delays in CONTRACTOR’s operation caused by evaluation and recovery of historic or prehistoric artifacts, structures, remains, or human burials will be mitigated by additional time added to the contract.

Disturbance of archeological or historic artifacts, structures or remains without approval of CO may result in penalties levied against CONTRACTOR. Non-reporting and disturbance of human burials may result in civil litigation and penalty against CONTRACTOR.

(x) Sanitation, Health and Safety.

1. Observe rules and regulations of Federal, State and local health officials. Do not permit any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous.

2. The CONTRACTOR shall provide and maintain portable sanitation toilet facilities for the project.

Contractor shall setup the facilities, maintain them during construction and dismantle them at the end of the Project.

3. Mine waste, spoils, native spoils, and aggregate surfacing on roads may contain hazardous materials that may pose a threat to human health. Aggregate surfacing on FSR 3120 from the

Forest Boundary to the junction with FSR #3130 and material elsewhere within the Site may contain erionite, a zeolite mineral that, in its fibrous form, may have properties similar to asbestos.

Erionite may pose health risks to those who breathe in the fibers. The CONTRACTOR shall take measures to mitigate the risk of airborne exposure from dust and erionite.

This work requires handling of mine wastes that present an imminent and substantial endangerment to human health and the environment. These conditions meet the criteria for initiating a Removal

Action under 40 CFR Section 300.415(b)(2) of the National Contingency Plan (NCP). The following are the highest concentrations of key analytes measured in waste materials at the mines site:

Analyte Arsenic Radium

Gamma Molybdenum

Uranium

Uranium

Uranium

Unit mg/kg pCi/g µR/hr mg/kg pCi/g pCi/g pCi/g

Highest

Concentration:

1,483 1,493 643 1,491 361 16.6 361

“Mine waste” is defined as native material that has been generated, transported, or reworked during mining activities, which exhibits arsenic, radium-226, molybdenum, Uranium 238, Uranium

235, and/or Uranium 234 concentrations exceeding cleanup requirements that have been established for the removal action.

Cleanup requirements for the Site will apply to mine waste with one or more of the following characteristics:

Arsenic >142 mg/kg

Radium 226 >30 pCi/g

“Mine spoils” are native materials distributed by prior mining activities and comprised of overburden or other materials that do not exceed the cleanup requirements, but have undesirable geotechnical or agronomic properties.

The Contractor shall exercise caution while working with these materials to minimize exposure to workers. The Contractor shall take measures to mitigate the risk of exposure to airborne dusts and monitor exposure levels. All dust emissions will be kept to a minimum. All site personnel shall be trained according to OSHA regulations, particularly 29 CFR 1910.120. This training is referred to as Hazardous Waste Operations and Emergency Response, or HAZWOPER.

Emphasis shall be added in on-site safety meetings with respect to mitigating potential contaminant exposure through inhalation, ingestion, and/or skin contact.

4. Perform all operations in a prudent, conscientious, safe, and professional manner. Ensure that all personnel involved in excavating, grading, relocating, and covering mine waste are trained for the level of expertise required for the proper performance of the task. Knowledge of appropriate first aid procedures is also required. Provide engineering controls and personal protective equipment necessary to ensure worker protection according to 29 CFR 1910.120.

5. The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations for hazardous waste sites (29 CFR 1910.120-131). Due to the presence of hazardous materials on the project, the Contractor’s personnel working on the site are required to have completed OSHA 40-hour Hazardous Waste Operations and Emergency Response training and subsequent refresher training to be eligible to work on this project. Before work commences, the

Contractor shall prepare and submit a list of qualified personnel and their certifications and ensure that all personnel at the site follow the requirements of the Contractor’s required Site Health and

Safety Plan (FAR 52.236-13 Alt 1).

6. All earth-moving equipment and motorized equipment having an obstructed view shall be equipped with a reverse signal alarm which is audible above surrounding noise level.

(y) Environmental Protection. Mine waste that is spilled or deposited in areas other than the designated repository as a result of CONTRACTOR’S actions, shall be collected and placed in the repository at

CONTRACTOR’S expense. Repair leaks on equipment immediately. Do not use equipment that is leaking fluids. Keep a supply of acceptable absorbent materials at the job site in the event of spills. Acceptable absorbent materials are those that are manufactured specifically for the containment and cleanup of hazardous materials. The CONTRACTOR is solely responsible for all spills or leaks that occur during the performance of this contract. The CONTRACTOR shall report and clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, State, and local laws and regulations.

Any onsite fuel storage must be in double contained storage vessels with at least 11/2 times the storage capacity of the volume of fuel being stored. The Contractor shall perform all operations in a prudent, conscientious, safe, and professional manner. Ensure that all personnel involved in handling and packaging of hazardous materials are trained for the level of expertise required for the proper performance of the task, including the areas of chemical compatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120. Notify the

Forest Service of all hazardous material that may be brought onto the National Forest System Lands.

(z) Sequence of Work – The Contractor shall determine the actual sequence of work. Access to Riley Pass may not be feasible during periods of the year due to weather. The Contractor may plow snow to expedite access to the sites provided the CO approves a snowplowing plan. The plowing plan shall describe equipment, timing and traffic control of the snow plowing operations. Snow plowing is considered incidental to the work.

(aa) Order of Precedence – Construction. Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the Specifications) (Sections A-H)

(2) The representations and other instructions (Sections K and L)

(3) Contract clauses (Section I)

(4) Special Project Specifications

(5) Standard and Forest Service Supplemental Specifications

(6) Drawings and Exhibits (Section J)

C-2 – GOVERNMENT-FURNISHED PROPERTY

The Forest Service will provide the following Government-furnished property for use on this project:

The Bluff I Borrow Area is identified in the Drawings. Contractor may utilize this Government furnished borrow as cover material for the project Work. Off-site material may be imported for use on the project if the Contractor supplies testing results showing that the off-site borrow meets the provisions for topsoil in Standard Specifications

Section 713.

Aggregate is stockpiled adjacent to a section of Forest Service Road #3120 near Bluffs F and I in an area where waste will be excavated from the roadbed. This aggregate shall be placed and compacted on the road surface as described in the work items.

C-3 - ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR

452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-4 – SUBMITTALS

The CONTRACTOR shall submit to the CO the following plans at least 14 days prior to beginning work. In addition, the CONTRACTOR shall supply the CO all required submittals for each bid item at least 14 days prior to commencing work on the corresponding item. All submittals shall be reviewed and approved by the CO. Preparation of all submittals shall be considered incidental to the other work items in this contract.

(a) Construction Schedule (S-001). The CONTRACTOR shall prepare a detailed construction schedule that outlines the sequence of work, and specifies key construction milestones. The schedule shall allow time for inspection of work by the government or its engineer. An annotated bar or Gantt-type schedule will be acceptable for purposes of this deliverable.

(b) Health and Safety Plan (S-002). The CONTRACTOR shall submit to the CO a Health and Safety

Plan before work commences. Minimum items to be included in the safety plan are:

Project Description

Authority, Roles and Responsibilities

Proposed Competent Person and Qualifications

Lines of Communication / Communication System

Hazard Identification and Control

Evacuation Plan / Direction to Nearest Hospital

Proposed Equipment

Proposed Trenching and Excavation Safety Measures including Competent Person and

Qualifications (if any).

Proposed Personnel Protective Equipment (PPE)

First Aid Station

Employee Training (40-hour HAZWOPER with 8-hour refresher a minimum)

In accordance with OSHA (29 CFR 1926), the CONTRACTOR is responsible for the safety of all work activities at the sites and shall ensure that proper safety requirements are followed. Erosive mine spoils can be found throughout the Site and are subject to tunneling, piping and collapsing. Holes can appear suddenly in roads or working areas. Caution should be exercised at all times when operating heavy equipment in or near areas containing erosive mine spoils. The CONTRACTOR shall be aware that areas of the site are located on steep slopes with minimum working clearances and that construction actives may require special safety precautions.

(c) Traffic Control Plan (S-003). Forest Service Road #3130 is closed to the public from its junction with FSR #3120 to just beyond Bluff I. FSR #3130 is open to the public from just beyond Bluff I easterly to the National Forest System boundary. FSR #3130 is also accessible from Highway 85 via a Welch Fire

Trail Road, which is a County section line road open to public access. Keep all gates closed when not working in the area. The Riley Pass site is closed to the public.

The Contractor may request additional Forest Service jurisdiction roads to be closed for limited times with the approval of the CO. The Contractor shall prepare and submit a Traffic Control Plan for these roads prior to any activities. The plan shall include at a minimum:

1) Locations of all signs, markers, barricades, and other traffic control devices to be used.

2) Specifications for signs, markers, and barricades including references to Manual of Uniform

Traffic Control Devices (MUTCD).

3) Locations for flag-persons, if used, along with anticipated dates and hours of use.

4) Requested road closures with period of closures and time when closures are anticipated.

5) Alternate routes for public access around temporary closures.

The Traffic Control Plan shall be subject to review and approval, in writing, by the CO. No work shall commence until the Traffic Control Plan has been approved by the CO. Traffic control shall be provided in full compliance with the MUTCD standards. At the conclusion of daily and weekly construction activities, the Contractor shall ensure that proper traffic control measures remain in effect overnight and through the weekend.

All roads closed during construction, must be returned to serviceable condition by the Contractor.

(d) Erosion Control Plan (S-004). The Contractor shall submit an Erosion Control Plan (ECP) for construction activities associated with this project. The plan shall be written in accordance with the South

Dakota Department of Transportation Construction Field Manual, Construction Site Management and

Erosion and Sediment Control, 2004 and the U.S. Environmental Protection Agency’s Storm Water

Management for Construction Activities; Developing Pollution Prevention Plans and Best Management

Practices, September, 1992. The Contractor shall include in the Erosion Control Plan the measures that will be taken for controlling precipitation and stormwater run-on and run-off at the site. The submitted plan is expected to be specific to the project site and shall detail locations and types of best management practices that will be used during construction and address any erosion control measures that will remain after the completion of construction.

The ECP shall identify and describe the types of Best Management Practices (BMPs) to be used during construction activities at the Site and shall identify the Technical Specification(s) for each proposed type of

BMP. The ECP shall identify the proposed locations of each of the BMPs on maps and drawings.

The ECP shall describe procedures for inspection, maintenance, re-placement and removal of BMP’s during construction activities at the Site and shall include a schedule of said inspections and maintenance. The ECP shall describe procedures for documentation of inspections, maintenance, re-placement and removal of

BMPs and shall include a description of criteria CONTRACTOR will use to evaluate proper inspection and maintenance of BMPs. The ECP shall require inspections which shall occur at a minimum of at least once every fourteen calendar days and within 24 hours after any rainfall event of 0.5 inches or greater or as requested by CO.

CONTRACTOR shall install BMPs identified in the ECP, Special Provisions, Technical Specifications, and

Drawings. If, at any time during preparation of the ECP or construction activities at the Site, the CO determines that BMPs, in addition to those required by the Special Provisions, Technical Provisions, and

Drawings are necessary to minimize storm water runoff or erosion of disturbed land, CONTRACTOR shall prepare a written modification of the ECP describing, in detail, the type and location of the proposed additions to the ECP and submit the same to CO for approval.

The ECP shall describe the method of re-placement of BMPs in the event of failure of BMPs, as well as the clean-up and re-placement of materials at the Site.

In the event CO determines that CONTRACTOR has failed to install and maintain BMPs as provided in the project specifications, contract provisions, contract drawings, or ECP, the CO may issue a stop work order.

If a stop work order is issued, soil binders shall immediately be applied to disturbed surface areas.

The ECP shall provide that removal or movement of all BMPs shall be approved by the CO.

CONTRACTOR shall maintain a copy of the ECP, current to date, at the Site.

CONTRACTOR shall install all BMPs and any additional or replacement BMPs in accordance with the

ECP, project specifications, contract provisions, contract drawings for the price(s) bid.

(e) Quality Control Plan (S-005). The CONTRACTOR shall provide quality control to assure that construction complies with the requirements of the project specifications, contract provisions, and contract drawings. The CO will be responsible for quality assurance in the form of receiving and reviewing all quality control documentation as provided by the CONTRACTOR, including construction oversight and any additional testing as deemed necessary by the CO.

The CONTRACTOR shall submit a Quality Control Plan in accordance with FP-03 Standard Specification

153, CONTRACTOR Quality Control.

(f) Decontamination Plan (S-006). The CONTRACTOR shall submit a Decontamination Plan that includes a proposed area where vehicles and equipment shall be decontaminated and a description of the decontamination process. Only vehicles that come in contact with contaminated material or other solid or liquid hazardous waste shall require decontamination. The design and construction of the decontamination area, including wastewater collection and storage facilities, must be approved by the

CO prior to use. CONTRACTOR shall be liable and responsible for any release of wastewater or hazardous substances from the work areas.

CONTRACTOR shall also describe procedures to prevent the uncontrolled spread of contaminated materials on-site. The procedures should provide means for minimizing or preventing tracking of contaminated material from excavation areas onto access and haul roads. When hauling contaminated material over public rights-of-ways, CONTRACTOR shall prevent the release of contaminated material from haul vehicles by the use of bed liners, covering loads, and wetting loads, as appropriate. Accidental spills of contaminated material on haul roads shall be removed immediately.

(g) Other Submittals.

The following is a listing of other submittals required under this contract. This list summarizes the requirements shown under each work item; however, the list may not be all-inclusive.