TeepeeCulvertsCONRFP.docx

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture; Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Teepee Springs BAER Culvert Replacements NFSR 221 & 263

Nez Perce-Clearwater NF Idaho County, Idaho

IMPORTANT - NOTICE TO OFFEROR

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

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

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 9

SECTION E - INSPECTION AND ACCEPTANCE 10 - 11

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 12

SECTION G – CONTRACT ADMINISTRATION DATA 13

SECTION H - SPECIAL CONTRACT REQUIREMENTS 14 - 22

H- 15 - Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 23 - 33

I- 3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts

I- 10 – Permits and Responsibilities I- 11 – Other Contracts I- 12 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 34 - 44

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Commercial and Government Entity Code Reporting

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 58 - 60

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0343-S-16-0065

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

7/16/2016

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.

USDA, Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

USDA, Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC: kruklic@fs.fed.us

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

(208) 983-5144

SOLICITATION

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

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

TEEPEE SPRINGS BAER CULVERT REPLACEMENTS NFSR 221 & 263

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

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

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY MONDAY, AUGUST 15, 2016 AT 4:00 PM LOCAL TIME.

IMPORTANT: This acquisition has been set-aside for HUBZone Concerns (see FAR 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award in Section I). Offerors must be certified HUBZone Concerns with the U.S. Small Business Administration. For information regarding the on-line application process, go to the following website at https://www.sba.gov. This process can take 90 days or more to complete.

11. The Contractor time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than October 15, 2016. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10, Alt I)

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

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

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

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

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

USDA – Forest Service Region 1 Acquisition Management Nez Perce-Clearwater NFs Grangeville Office 104 Airport Road, Grangeville, Idaho 83503

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

KAREN RUKLIC

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

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Teepee Springs BAER (Burned Area Emergency Rehabilitation) Culvert Replacements NFSR 221 & 263

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

B-1 SCHEDULE OF ITEMS

Unit Est Qty

Total All Items:

* Designated Method of Measurement: CQ=Contract Quantity; AQ=Actual Quantity LSQ=Lump Sum Quantity VQ=Vehicle Quantity B-2 PRICE PROPOSAL INSTRUCTIONS: Unit prices and total item amounts must be submitted for all items to be considered for award. Do not round the extended item amounts or the total prices and provide prices to the nearest cent.

In addition, the Contractor shall give a price per hour under Items 17 and 18 (Hourly Equipment Rental) for additional work above the estimated quantities that is encountered during the contract performance. The Government does not guarantee that any hourly work shall be ordered and reserves the right to reduce or eliminate entirely the work under these items with no adjustment in contract unit price.

B-3 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, the completed Schedule of Items, a Technical Proposal, an original bid bond, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form (provided in Section J). Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

B-4– PAYMENT FOR BOND PREMIUMS: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract rice.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID160051, 1/22/2016: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $28.60 per hour rate with $11.85 fringe benefits (conformed 5/9/2016).

B-6 IDAHO USE TAX Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work: The project consists of removing multiple 18 inch and one 24 inch culvert and replacing them with corrugated steel pipe culverts and pipe arches at multiple locations on NFSR 221 and NFSR 263 in the Nez Perce – Clearwater National Forests to accommodate post fire flow.

NFSR 221

The intent of the contract is to remove and replace three existing corrugated steel pipe culverts on NFSR 221 at mile posts 54.73, 55.03, and 65.16.

NFSR 263

The intent of the contract is to remove and replace seven existing corrugated steel pipe culverts on NFSR 263 at mile posts 2.37, 2.41, 3.167, 3.60, 4.90, 6.78, and 7.29.

This project includes removing and disposing an existing culvert, structure excavation, roadway embankment, backfilling, compacting, furnishing and installing a new corrugated steel pipe, riprap, and hauling and placing crushed aggregate surfacing. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Contractor shall furnish all labor, supervision, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

(b) Project Location: This project is located in the Nez Perce-Clearwater National Forests approximately 45 miles south on Hwy 95, 11 miles East on Big Salmon Rd on NFSR 221. On NFSR 221 work will start at approximately MP 54 and ending at MP 66, and NFSR 263 starting at Mile Post 0 and ending at mile post 8 in the Salmon River Ranger District. T24 N and T25N; R. 2 E; Idaho County, Idaho.

(c) Price Range The Government’s estimate for the project is between $250,000 and $500,000.

(d) Pre-Bid Tour None

(e) Pre-Bid Conference None

(f) Start Work Date and Road Closure Information: Work on the project site shall commence approximately September 1, 2016, proceed in accordance with the contractor’s approved work schedule, and run continuously till the end of the project no later than October 15, 2016.

The contractor will be allowed to close FS Road 263 from September 1, 2016 to September 21, 2016 to replace culverts located between Mile Posts 2.37 and 7.29 in the vicinity of Plant Creek and Ranch Creek.

The contractor will be allowed to close Road 221 from September 26, 2016 to October 5, 2016 to replace the culvert located at MP 65.16 on Ranch Creek.

Closure of FS Road 221 in the vicinity of Mile Posts 54.73 and 55.03 and Van Creek Tributary will be allowed for one, continuous two week period between 9/1/16 and 10/5/16.

Give the CO at least 10 days advance written notice prior to any road closure period to allow public notice of the closure by the Forest Service.

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

(h) Government-Furnished Property See Section G-1 for a description of the Government-Furnished Property to be provided. In addition, see the clause FAR 52.245-1 in Section I.

C-2 - 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-3 - FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service supplementary specifications incorporated into this solicitation and any resultant contract are included as a separate attachment to this solicitation (see Section J). The supplementary specifications applicable to this project are listed below.

***Please note that some submittal receipt requirements were shortened just prior to solicitation issuance due to compressed performance period (i.e. Traffic Control Plan - 7 days before intended use, Dewatering/Soil Erosion/Pollution Control Plan – 7 days before operations begin, etc.). The correct requirements are provided in the Forest Service Supplemental Specifications but may conflict with notes in the drawings. In accordance with clause I-12 Order of Precedence – Construction on pages 32-33, the requirements within the Forest Service Supplemental Specifications take precedence over notes in the drawings.

SUPPLEMENTAL SPECIFICATION LIST

Teepee Springs BAER Culvert Replacements Phase II

NEZ PERCE-CLEARWATER NATIONAL FORESTS

Table of Contents Preface 101 - Terms, Format, and Definitions 102 - Bid, Award, and Execution of Contract 103 - Scope of Work 104 - Control of Work 105 - Control of Material 106 - Acceptance of Work 107 - Legal Relations and Responsibility to the Public 108 - Prosecution and Progress 109 - Measurement and Payment 151 - Mobilization 152 – Construction Survey and Staking 153 – Contractor Quality Control 155 - Schedules for Construction Contracts 156 - Public Traffic 157 - Soil Erosion Control 201 – Clearing and Grubbing 203 - Removal of Structures and Obstructions 204 - Excavation and Embankment 209 - Structure Excavation and Backfill 251 - Riprap 308 - Minor Crushed Aggregate 602 – Culverts and Drains 622 - Rental Equipment

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

C-5 – CONSTRUCTION PLANS The following drawings, entitled TEEPEE SPRINGS BAER CULVERT REPLACEMENTS – PHASE II NFSR #221 AND #263, are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J.

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.

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

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

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

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

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

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

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

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

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

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

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

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

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 7-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2016. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 24, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from August 24, 2016 through October 15, 2016.

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.

· Unclassified Borrow Source – Government Source. Unclassified Borrow for this project will be available at either of the two Government pits. The Chair Point Pit is located in Section 28, T. 25 N., R. 2 E. and the Van Ridge Pit is located in Section 7, T.25 N, R 3 E.

· Crushed Aggregate Source – Government Source. Crushed aggregate for this project will be available at either of the two Government pits. The Chair Point Pit is located in Section 28, T. 25 N., R. 2 E. and the Van Ridge Pit is located in Section 7, T.25 N, R 3 E.

· Waste Site – Government Furnished. Waste sites for excess and unsuitable material have been designated in Section 10, T. 24N. R. 2 E. and in Section 36, T. 25 N. R 2E.

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H-2 PHYSICAL DATA (FAR 52.236-4) (APR 1984)

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

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

(a) Weather Conditions - The project is subject to seasonal limitations from November thru June. Wet weather commonly limits construction operations in October and June.

H-3 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-4 OTHER FACTORS AFFECTING THE WORK

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

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

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

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

(a) Transfer trucks shall be limited to 200 gallons maximum.

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

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

No more than 5 gallons of fuel within 100 feet of a stream are allowed at any one time and storage of more than 5 gallons of fuel requires spill containment measures.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.

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

The following is considered proof of weed-free equipment:

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

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

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

H-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 his employees, the Contractor, when requested by the Contracting Officer, shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool 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 COd shall not be used unless authorized in writing by the CO 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 or Truck. N/A

(12) 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…