FishCkWoody Sol'nPkg.doc

Recovery-Fish Creek Large Woody Material Instream Restoration

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

RECOVERY – FISH CREEK LARGE WOODY MATERIAL INSTREAM RESTORATION

TOTAL

Note: Quantities are estimated and subject to change Please complete the following:

Name of Contractor:

E-mail Address:

Name and title of person authorized to sign offer:

Signature: ____________________________________________ Date: ________________________

TIN: __________________________ DUNS: ________________________

TABLE OF CONTENTS

RECOVERY- FISH CREEK LARGE WOODY MATERIAL

PART I – CONTRACT SPECIFICATIONS

SECTION A -SF-18

SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

SECTION C - Descriptions/Specifications/Statement of Work

SECTION D- Packaging, Marking and Layout

SECTION E - Inspection and Acceptance

SECTION F - Deliveries and Performance

SECTION G - Contract Administrative Data

SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I - Clauses incorporated by reference

AGAR/FSAR and SPECIAL CONTRACT CLAUSES

ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

SECTION L – Instructions to Offeror / Notices

SECTION M – Evaluation Factors for Award

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

SCOPE OF CONTRACT

The intent of this contract is to improve fish habitat in Fish Creek by placement of trees and logs through a combination of tree falling and tree lining, as well as machine placement of logs. The work will be conducted in 2010-2011. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and incidentals (except that listed as Government-furnished) required to complete the work.

C-2

LOCATION AND DESCRIPTION

The Fish Creek Instream project area is located approximately 56 miles east of Roseburg, Oregon (see Vicinity map). Access to the project area is via State Highway 138 to Forest Service Road 3700. Legal location at the confluence of Fish Creek and the North Umpqua River is: T. 26 S., R. 3 E., Section 28, Willamette Meridian, Douglas County, Oregon. The project area is within a nine mile portion of lower Fish Creek (see attached maps) from the confluence with the North Umpqua River to slightly upstream of Rough Creek, located near the 3702- Road.

Total wood estimated to be introduced into the stream is 190 trees/logs as follows: 1) tree falling- 45 trees at numerous locations within the entire nine miles of stream; 2) machine placement of cut logs through lining- 130 logs (over two years, 2010-2011) in up to four locations in the upper half of the project area; 3) lining over of existing trees- 15 trees at up to four locations in the upper half of the project area. Cut logs have been collected and are decked along a short stretch of the 3701-220 Road. The majority of logs range from 25-60 feet in length with butt diameters between 20 and 50 inches, with a few of larger diameter. Trees to fall and line will not exceed 36 inches DBH. More wood than estimated may be introduced into the stream, based on bid prices. Quantities are estimated.

C-3

DEFINITIONS

Damage To Non-designated Vegetation - Excessive damage to surrounding vegetation, which in the opinion of the Government, resulted from the Contractor’s negligence.

DBH - Diameter of a tree at breast height, measured at a point 4‑1/2 feet above ground level from the uphill side of the tree.

Inadequately Felled Tree - A tree that: 1) deviates in location more than 25o from the originally planned lay; or 2) becomes hung up in vegetation or comes to rest on the ground to the extent that the tree will not interact in the stream during bankfull flows. A determination of falling adequacy may be made by the Contracting Officer’s Representative, if, in the COR’s opinion, the Contractor prosecuted work skillfully and diligently and the inadequate falling was the result of natural conditions beyond the control of the Contractor.

Inadequately Placed Log - A machine placed log not placed according to original or amended designs.

Inadequately Lined Tree- A tree that: 1) has completely broken off anywhere above where the bole enters the ground; 2) has been completely pulled from the ground; 3) deviates in location more than 50o from the originally planned lay; or 4) becomes hung up in vegetation or comes to rest on the ground to the extent that the tree will not interact in the stream during bankfull flows. A determination of tree lining adequacy may be made by the Contracting Officer’s Representative, if, in the COR’s opinion, the Contractor prosecuted work skillfully and diligently and the inadequate falling was the result of natural conditions beyond the control of the Contractor.

Instream work - Work in a stream channel or in live or standing water. Can be either from within the wetted channel or from outside.

Log Lining – The process of “yarding” cut logs from a road into the stream using a cable machine and purchases.

Mobilization - Consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Also includes removal of equipment, material, and incidentals when work has been completed.

Over length load limit – log extending greater than 1/3rd the length of the wheelbase, past the rear axle.

Purchase - A device, such as a block and tackle, that is used to obtain mechanical advantage, and thereby increase pulling power.

Roadway – The portion of the road within the limits of excavation and embankment, including slope rounding.

Slash – All vegetative material not meeting utilization standards, such as tops, limbs and unused portions of blown down trees.

Structures - Trees lined or felled, or logs placed in the stream channel. Generally used to refer to an accumulation of trees/logs, but can also refer to individual trees/logs.

Traveled Way – The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Tree Lining- The process of using a cable machine and purchases (blocks) to pull over live trees whereby the root wad remains partially rooted and is still attached to the bole of the tree.

C-4

TECHNICAL SPECIFICATIONS

Equipment

The Contractor shall provide all equipment at falling, loading, unloading, placement, and lining sites to properly conduct work in an efficient and safe manner.

Equipment used to place logs/line over existing trees may be either rubber or track-mounted when used on graveled roads. No metal-tracked vehicles may be used on paved roads unless approved in advance by the Government. Cost to repair damaged roads shall be the responsibility of the Contractor.

Equipment shall be capable of falling trees up to 36 inches diameter breast height (dbh) and up to 200 feet in height.

Log placement/tree lining equipment shall consist of cable and purchases (blocks, etc.) and have the capability of lining logs and trees into the stream from up to 1,000 feet from roads. All cables, blocks, shackles, straps, chains, and chokers shall be sized and of abundance to perform the required work in a safe and proficient manner.

Log handling equipment shall have the capability of loading, hauling, offloading, and placing logs up to 60 feet in length and up to 50+ inches in diameter into the stream.

No heavy equipment will be allowed in the stream.

Heavy equipment (loaders, excavators, yarders, etc) shall be cleaned of noxious weeds and their seeds prior to entering onto National Forest Lands (see Special Equipment Cleaning Requirements).

Tree Falling/Lining and Log Placement

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily Contractor inspection and cleaning as appropriate. Equipment will be inspected by the Government for leakage of petroleum products. Leakage will be a basis for issuing an immediate shutdown of operations and issuance of a “notice of noncompliance”.

A Spill Containment Kit shall be on-site during any lining or log placement portion of the contract when operating within 150 feet of the stream. The kit must include two bales of absorbent pads, minimum size 17" x 19" x 1/4" as well as an absorbent boom capable of spanning the entire stream channel. The Contractor and crew are required to be knowledgeable in hazardous spill cleanup procedures. In the event of a spill, contaminants shall be cleaned-up by the Contractor to DEQ standards.

The Contractor shall select refueling sites, subject to Government approval. Refueling within 50 feet of Class I, II, or III streams will only occur with Government approval.

Disturbance shall be the minimum necessary to accomplish the work. To the extent possible, Non-Designated Vegetation shall be protected from line rub and from damage as logs are placed or trees are lined. All anchor trees and other special habitat features as designated by the COR or Inspector (such as snags, existing logs, and culturally modified tree, etc.) shall also be protected from damage.

Trees felled or lined and logs placed into the stream shall be based upon design that will be provided to the Contractor either in drawn or verbal form. It is understood that flexibility in the design at each site will be necessary as there may be modifications to the designation of individual felled or lined over trees. The COR or Inspector will be on site to discuss necessary design changes as work progresses at each individual site.

Trees to be felled/lined may be designated by the COR or Inspector at the time they are to be felled, i.e., trees may not be selected/marked prior to start of work.

The Contractor shall fall/line trees into designated areas of the stream, making every effort to prevent excessive breakage. Tree falling/lining shall occur in during the designated period in the year 2010. Limbing of felled trees is not required.

Contractor shall load, haul, offload, and place designated logs within designated areas of the stream at machine placement sites. Placement will occur twice, once in 2010 (approximately 60 trees) and once in 2011 (approximately 70 trees).

The Contractor shall return disturbed road surfaces and ditchlines to pre-project conditions, as approved by the COR.

Over length and weight loads shall be accompanied by a Contractor-furnished pilot vehicle on all roads unless waived by the Government. Pilot vehicle shall have signs indicating oversize load. The Contractor will be responsible for acquiring any permits required on Forest roads, and on State Highway 138 such as may be necessary during mobilization and demobilization. Overweight loads will not be permitted on the Forest Service road system unless approved by the COR.

The Contractor will provide for safe traffic control through a written plan approved by the Contracting Officer or their Representative and in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD). All signs will conform to industry standards. Road signing will be used in both directions of the immediate area of any operations (tree lining, tree falling, loading, off-loading, etc.) and for the general area, such as at any junction with roads that are being utilized for haul. Signs will be provided by the Contractor. Number and position of signs will be determined by the COR and will be included in the written plan. Generally, roads may be closed for a period of time not to exceed 20 minutes.

Discovery of cultural artifacts will prohibit further work in the immediate area unless approval to continue in that particular area is obtained from the COR.

The Contractor shall apply for and acquire any permits required to accomplish the work. All permits shall be issued by the regulating authority prior to commencing work.

C-5

SLASH TREATMENT

Contractor shall remove any project generated slash from the roadway/ditches and scatter on the adjacent forest floor. Ditchlines and culverts shall be left free of scattered slash.

C-6

EROSION CONTROL

Soil disturbance areas exceeding 400 contiguous sq. feet resulting from the Contractor’s work activities will be mulched by the Contractor with weed-free straw (or other material approved by the Government) so as to prevent excessive erosion. This requirement may be waived by the Government on a site by site basis. Mulching material will be provided by the Government. The Contractor is responsible for repair of any road-related erosion due to equipment use.

C-7

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-8

CONTRACTOR’S OBLIGATIONS

The Contractor shall furnish all labor, supervision, transportation, materials, tools, supplies, and incidentals required to accomplish contract objectives including but not limited to:

A project supervisor or project safety coordinator. This person or persons shall have knowledge of the work related hazards inherent in the type of work being performed. The project supervisor or safety coordinator shall have the responsibility and the authority to insure that proper and safe work practices are being used and that the work is being performed in compliance with the contract and work practices mandated by state law.

Insuring that equipment is safe and fully operable, and preventing damage to the roadway and pavement.

Providing experienced operators in the operation and maintenance of all equipment furnished. Experienced operators in the operation and maintenance of all equipment furnished is considered essential. The government reserves the right to require the Contractor, in writing, to remove from the project any operator who, in the opinion of the Contracting Officer, is found to be inexperienced, operates the equipment in an unsafe manner, or performs poor quality work. The Contractor shall provide a replacement operator within 24 hours.

Equipment move-in, move-out, moves of ground equipment, as well as transportation for all Contractor furnished materials.

Proper road signing/traffic control (see H.4 Use Of Roads By Contractor, and H.5 Traffic Control, Barricades, Warning Signs, And Other Devices)

Appropriate measures include, but are not limited to the use of traffic controls such as: cones, signs, barricades, and/or flaggers. The Contractor shall provide for public, commercial and emergency vehicle access. The maximum delay time for public and commercial vehicles shall be thirty (30) minutes. Emergency vehicles shall be provided immediate access. The Contractor shall submit a written plan showing the location of traffic control devices to be installed for each phase of the project.

C-9

BASIS OF PAYMENT

There will be a Government representative present at the project site at most times during the operation who will inspect the work to be performed. Acceptance of the work will be determined by an inspection of the area and will be based on adherence to the work specifications. Invoice payments may be made for completed and accepted units as determined by the Contracting Officer or COR.

Inadequately felled trees will be paid at a rate of 25% of the bid Unit Price. Inadequately machine placed logs will not be compensated for (pay rate of 0% of the bid Unit Price). Inadequately lined trees will paid at a rate of 25% of the bid Unit Price.

Progress payments for mobilization lump sum will be paid as follows:

a.

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

b.

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

c.

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

d.

The contract amount for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in mobilization.

C-10

PAYMENTS FOR INCIDENTAL ITEMS

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

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO clauses in this Section

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E-2

INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The contracting officer or the contracting officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the sites of work.

E-3

ACCEPTANCE

Authority for final acceptance under the contract lies with the Contracting Officer.

SECTION F - DELIVERIES OR PERFORMANCE

F-1

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within five (5) calendar days after the contractor receives Notice to Proceed, (b) prosecute the work diligently, and (c) complete the work within the period stated within the contract. The time stated for completion include final cleanup of the premises.

Item

Estimated Work Period

1a

June 15 – October 15, 2010 1b*

1c

1d*

*Items 1b and 1d have an additional performance period for additional quantities in June 15 – October 15, 2011.

Quoter accepting all items must complete all work within the work period indicated above.

F-2

INTERRUPTION OF WORK

The count of work days to be charged against contract time shall begin on the day established by the Notice to Proceed and shall continue through the date of completion as determined at the final inspection.

The Contractor shall prosecute the work at a rate that will result in completion of all work within the times specified.

The contract performance period has been established as a number of full work days with favorable working conditions for the type of work required. In addition to these work days the Contractor should expect to experience and make allowances for a variety of delays that normally occur throughout the estimated work period. These delays may include the following or other similar delays:

1.

inclement weather

2.

adverse road conditions or other adverse access conditions

3.

fire closures

4.

seasonal shutdowns

5.

other Contractors working in the area

6.

critical plant development or related environmental conditions necessary to meet the intent of the contract

7.

conditions where continued work could cause harm to forest resources

These are normal conditions that may limit actual on-the-ground performance. Any suspensions of work for these types of conditions, whether work is formally suspended in writing or not, shall not be construed as suspensions for the convenience of the Government.

Each day in which there are 8 continuous daylight hours where work conditions are favorable (reasonable and normal working conditions not unduly inhibited by any of the above cited delay factors) will be counted as a work day. Days of less than 8 continuous hours but more than 4 continuous hours will be counted as a half day of contract time. Contract time will not be counted for days where less than 4 continuous daylight hours are favorable for work.

Contract time will not be formally suspended in writing by the COR unless the Contractor fails to suspend their own operations under unfavorable conditions where continued working could cause harm to the completion of the contract intent or harm to other forest resources.

When the Contractor determines that favorable working conditions do not exist, the Contractor shall document such conditions and discuss them with the COR. Any differences shall be reconciled weekly or the Government's count of contract time will be used. Any failure to reconcile contract time shall be brought to the attention of the Contracting Officer by the Contractor.

Notwithstanding the above, any day in which the Contractor elects to work shall be construed as a day with favorable working conditions. Any day with favorable working conditions will be counted as a work day even when the Contractor does not work.

The Contractor will be allowed a reasonable time to remobilize to the work site after time has been suspended for longer than a full work day, and the count of work days will resume accordingly.

Any formal written suspensions of work by the COR that are related to noncompliance with contract terms will not be construed as suspensions for the convenience of the Government.

F-3

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project areas which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government and shall not qualify for an equitable adjustment.

F-4

PROSECUTION OF WORK

At the prework conference, the parties will agree on a written work progress plan providing for the orderly completion of the work within the contract time.

If the Contractor fails to prosecute this contract as required herein, the COR may issue a partial suspend work order until the Contractor complies with the contract. Under these circumstances, no work will be allowed on the project except that necessary to correct the stated deficiencies. When the necessary corrections have been made, the COR will issue a resume work order and the regular prosecution of the work shall resume. Such suspensions will normally not include suspension of the performance period time and shall not be construed as suspensions for the convenience of the Government.

F-5

REQUIRED RATE OF PROGRESS

The Contractor will be required to maintain a daily average rate of progress equal to or greater than 10 trees felled per day, 10 logs machine placed per day, or 3 trees lined per day.

F-6

FURNISHING OF MATERIAL

Unless otherwise stated elsewhere herein, the Contractor shall furnish all material required for the performance of the contract. All material shall comply with the specifications, and the Contractor shall verify the kind and amount of work that may be necessary in furnishing the material.

The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

F-7

STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness for the work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1.

The name, address and telephone number of the subcontractor.

2.

The date upon which the subcontract was entered into and its duration.

3.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4.

Documentation of the subcontractor's representative authority.

5.

Documentation of any required licenses.

G-2

AGAR 452.215-73

POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a time and location determined by the Contracting Officer and/or Contracting Officer’s Representative.

G-3

GOVERNMENT-FURNISHED PROPERTY (AGAR 452.245) (FEB 1988)

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:

Map(s) of project location that illustrate the project area.

Logs suitable for instream placement.

SECTION H--SPECIAL CONTRACT REQUIREMENT

H-1

SPECIAL EQUIPMENT CLEANING REQUIREMENTS -- PRE-ENTRY AND PRE-DEPARTURE

All earth moving equipment (loaders, excavators, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. “Project Area” means work sites and roads listed in the special project specifications or other “Road Use And Maintenance” clause in the contract. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds.

Equipment shall be made available for visual inspection by the Forest Service prior to entering National Forest lands and prior to departure from the project area. Any equipment removed from the contract area during the duration of the contract must be steam cleaned or pressure washed before it is returned to the contract area. The Contractor shall advise of a proposed date for mobilization-to or demobilization-from the project area. The Contracting Officer and Contractor shall then mutually agree as to the time and location for inspection. The Contracting Officer or their representative shall be present to visually inspect and verbally approve the cleaning, prior to completion of mobilization onto the National Forest.

H-2

LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall confine operations to within the clearing limits, immediate work area, or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or there from. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate, additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms, or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-3

INDUSTRIAL CAMPS

Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.

One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-4

USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Do not proceed with work on the project until all required signs are in place and approved.

Any work performed on or adjacent to surfaced roads shall require measures to ensure that the surfacing is not damaged. If the surface is damaged as a result of the Contractor’s actions it shall be repaired to the existing condition prior to the damage by the Contractor, at the Contractor’s expense.

Before shutting down any operations, leave all travelways in a condition suitable for traffic.

Unless otherwise provided, traffic delays may not exceed 20 minutes.

If the Contractor requests use of a National Forest road or road segment not listed above, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H-5

TRAFFIC CONTROL, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. The Contractor shall erect warning signs in advance at 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 project work may affect travel on an existing road or trail.

All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD). Copies of the Manual on Uniform Traffic Control can be obtained at:

Devices For Streets and Highways

Superintendent of Documents

Government Printing Office

Washington, D.C. 20402

H-6

PROSECUTION OF WORK -- WORK HOUR LIMITS -- WORK ITEM LIMITS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

All work shall be scheduled for appropriate years between June 15 and October 15, unless an instream work period waiver is necessary, requested, and granted.

H-7

SUBMITTALS

The following submittals are required for this project:

Referenced by

Contract clause or

Time of Government

Title

Specification No.

Approval After Submittal

Traffic Control Plan

Use of Roads by Contractor clause

7 days

Safety Plan, including

Accident Prevention clause

N/A Blasting Plan, where

[FAR 52.236-13]

applicable

Engineered Spill

Landscape Preservation and

2 days

Prevention Plan

Hazardous Materials clause (if onsite storage exceeds 660 gallons) Fire Plan

R6-FS-6300-52 part 2

R6-FS-6300-55 and

Certification that your

Fire Tools and Equipment are in full compliance with the contract requirements

Designation of

Representative

Superintendence By The Contractor

R6-FS-6300-6

[FAR 52.236-6]

Drug Free Workplace

Drug-Free Workplace (FAR 52.223-6) N/A Policy

SECTION I--CONTRACT CLAUSES

I-1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

I-2 FAR 52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

I-3 FAR 52.204-7-Central Contractor Registration (Oct 2003)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I-4 FAR 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract,” as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‘‘full-time equivalent’’ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‘‘full-time equivalent’’ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2010, are due no later than July 10, 2010. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov .

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of…