Solicitation UGR Phase I and II Fly Creek and Scout Creek.pdf

TABLE OF CONTENTS

PIONEER BRIDLE TRAIL MAINTENANCE RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

SECTION A –SF 1449

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

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 2

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 3

Pioneer Bridle Trail Maintenance PAGE 2

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SCHEDULE OF ITEMS

Item

Number

Description

Unit

Estimated

Quantity

Unit Price Total

UPPER GRANDE RONDE PHASE I

& II, FLY CREEK, AND SCOUT

CREEK RESTORATION PROJECT:

Excavator - Equipment rental(s) with

Operator on the Wallowa-Whitman

National Forest

Lump

Sum

1.1

Equipment rental with Operator: 2 tracked excavators - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs.

operating weight with thumb) starting

9/15/10 – 9/30/10. This portion of the project is located on Fly Creek.

Hour

1.2

Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs.

operating weight with thumb) starting

6/14/10 – 7/23/10. The excavator also needs to come with a ripper with a quick attach that is capable of ripping roads 3’ deep. This portion of the project is located on the Upper Grande

Ronde River.

Hour 230

1.3 tracked log loader or excavator with rotating clam or thumb - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs.

operating weight starting on 6/28/10 –

7/23/10. This portion of the project is located on the Upper Grande Ronde

River.

Hour 200

1.4 skidder with log grapple – Service work activities (minimum of 180 hp

(fly wheel power and 39,000 lbs.

operating weight starting 6/21/10 –

7/2/10. This portion of the project is located on the Upper Grande Ronde

River.

Hour 50

1.5

Equipment rental with operator: 1 tracked small excavator with a 6” diameter rock auger capable of drilling

5 ’deep and a grapple or bucket with thumb attachment – Service work

Hour

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 3 activities (minimum of 50 hp (fly wheel power) and 12,000 lbs.

operating weight starting 4/26/10 –

5/15/10. This portion of the project is located on the Upper Grande Ronde

River.

1.6

Equipment rental with Operator: 1 tracked log loader or excavator with rotating clam or thumb- Service work activities (minimum of 80 hp (fly wheel power) and 25,000 lbs.

operating weight starting on 8/9/10 –

8/13/10 and 9/1/10 – 9/15/10. This portion of the project is located @

Scout Creek, Upper Grande Ronde

River (Camp Carson) and Bear Creek.

Hour 150

TOTAL

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 4

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

Work Schedule and Equipment Specifications:

SEE DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 26

UPPER GRANDE RONDE PHASE I & II, FLY CREEK, AND SCOUT

CREEK RESTORATION PROJECT

1. PERFORMANCE WORK STATEMENT

Introduction/Existing Conditions/Objectives

The Upper Grande Ronde River is spawning and rearing habitat for Snake River Basin summer steelhead, Snake River Basin spring Chinook salmon, bull trout and red band trout.

Gold mining, utilizing a dredge, was conducted in 1940 and 1941. The dredge turned the riparian area and floodplain over and created tailing piles that in many cases cross the valley floor and extend toe slope to toe slope. In addition, there have been logging and recreation impacts to the stream. In 2009, a project was completed that removed the tailings from the floodplain and placed them in stock piles adjacent to the existing roads in the project area. Phase II of this restoration effort is needed to enhance the habitat for the above fish species.

Fly Creek is spawning and rearing habitat for Snake River Basin summer steelhead, and rearing habitat for Snake River Basin spring Chinook salmon. The stream also provides migration habitat for bull trout.

All three are federally listed under ESA as threatened species.

Historic timber harvest has removed the large conifers from the valley bottom greatly reducing the future recruitment of large wood to Fly Creek. An abandoned road that runs the length of lower Fly

Creek was used to harvest and transport trees out of the area in the 1970s. The road is barricaded. In addition, a splash dam from the early 1900s was located on Fly Creek at approximate river mile 2.0.

This was likely the beginning of the removal of large conifers from the valley bottom. These factors have led to an existing stream channel with poor habitat quality and supported the need for the following objectives to be achieved.

Bear Creek is spawning and rearing habitat for Snake River Basin Summer steelhead and redband trout.

Historic timber harvest has removed the large conifers from the valley bottom greatly reducing the future recruitment of large wood to Bear Creek. An abandoned road that runs the length of lower Bear

Creek was used to harvest and transport trees out of the area. These factors have led to an existing stream channel with poor habitat quality and supported the need for the following objectives to be achieved.

Location

Upper Grande Ronde River: (1) from LaGrande, head West on I 84 to the Hilgard Junction State Park

Exit. (2) Take Hilgard Junction State Park Exit to Highway 244. (3) Take Highway 244 to Forest

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 5

Service Road 51. (4) Take Forest Service Road 51 for approximately 11 miles to the 5125 road. (5)

Take the 5125 Road for approximately 4 miles to the project area. The project area is located in T 6S, R

36E, S 4, 5. 9, 10 &15. Refer to attached map.

Fly Creek (1) from LaGrande, head West on I 84 to the Hilgard Junction State Park Exit. (2) Take

Hilgard Junction State Park Exit to Highway 244. (3) Take Highway 244 to Forest Service Road 51.

(4) Take Forest Service Road 51 for approximately 13 miles to the 5155 road. (5) Take the 5155 road for approximately 5 miles to the 400 road. (6) Take the 400 road for approximately 1 mile to the project area. The project is located from river mile 2.0 to 8.00 in T 4S, R35E, S 22, 23, 27, & 34 and T

5S, R 35E, S 3, 4, 8, 9, & 17. Refer to the attached vicinity map and project map.

Upper Grande Ronde River (Camp Carson): (1) from LaGrande, head West on I 84 to the Hilgard

Junction State Park Exit. (2) Take Hilgard Junction State Park Exit to Highway 244. (3) Take

Highway 244 to Forest Service Road 51. (4) Take Forest Service Road 51 for approximately 11 miles to the 5125 road. (5) Take the 5125 Road for approximately 6 to the 5135 Road. (6) Take the 5135 Road for 2 miles to the 080 Road, which is within the project boundary (T 6S, R 36E, S 15 & 16. Refer to attached map.

Bear Creek (1) from LaGrande, head West on I 84 to the Hilgard Junction State Park Exit. (2) Take

Hilgard Junction State Park Exit to Highway 244. (3) Take Highway 244 to Forest Service Road 2120.

(4) Take Forest Service Road 2120 for approximately 2.5 miles to the 2105 Road. (5) Take Forest

Service Road 2105 for approximately 5 miles to the project area. The project area is located in T 4S, R

34E, S 17, 18, 19, 20 & 21. Refer to attached map.

Scout Creek (1) from LaGrande, head East on I 84 to the Union Exit. (2) Take Highway 203 East through Union to the 7700 Road. Take the 7700 road for approximately 1 mile to the 900 Road. Take the 900 Road for approximately 4.5 miles to the project area. The project area is located in T 5S, R 41E, S 36. Refer to attached map.

II. OBJECTIVE

The objectives of this Statement of this project are to (1) increase pools and fish cover, (2) Reduce erosion, (3) Provide for the capture, storage and safe release of water, (4) Reduce livestock access to the riparian area of Scout Creek, and (5) Improve floodplain connectivity and functionality.

IV. TASKS

Upper Grande Ronde River: (1) Place wood/rock within the entire 4.7 miles of the upper Grande

Ronde River. (2) Obliterate four roads/trails (approximately .5 mile). (3) Rehabilitate 9 stock pile areas (approximately 8 acres). (4) Place boulders on stock pile areas, ATV trails and in dispersed recreation areas to define public access.

Fly Creek: Floodplain restoration would occur at approximately 10 segments adjacent to mainstem Fly

Creek. These segments occur on approximately 1 mile of Fly Creek. Currently, there is a closed streambottom road that constricts the floodplain of Fly Creek. The road would be recontoured in areas where stream constriction is occurring. The road recontour would allow for a floodplain that can be

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 6 accessed by bankfull flows and/or a secondary floodplain that would accompany flows above 5-10 year events. Existing reference stream reaches will be used when developing the floodplain. These reaches are located in between floodplain restoration segments. Tree/shrub removal will be minimized as much as possible. However, some tree/shrub vegetation may need to be removed during floodplain restoration activities. All trees removed will be distributed on the floodplain, incorporated within the above structures, and/or used to create an additional structure. Any shrubs removed will be replanted adjacent to the stream.

Upper Grande Ronde River (Camp Carson): (1) Place large woody debris (LWD) into an intermittent channel that is downcutting. (2) Place LWD on the hillslope to reduce erosion and provide micro sites for plantings. (3) Place LWD and construct water bars on an old road at the upper end of the site to prevent gulleys, rilling and downstream sediment delivery. (4) Remove pipe that has failed that was placed for erosion control purposes. (5) Place boulders at the outside of the gate on the 5135 080 road to discourage ATV use.

Bear Creek: A total of 2.83 miles of upper Bear Creek and associated upper tributaries will have wood placed within the streams. The wood needed for the placement would be taken from existing down logs or dense stands. Wood would be placed at angles in the channel(s) similar to the few existing natural wood structures in the stream.

Scout Creek: Place approximately .5 mile of large woody material (LWM) into the stream. The wood would be placed by a tracked log loader or small excavator. Logs for the project will be taken onsite from existing down logs, snags that do not exceed 21’ dbh, and green trees (under 21‖ dbh) that are in dense pockets. The wood must be placed so that the logs are suspended off the ground surface similar to naturally occurring lodgepole jams.

Work Schedule and Equipment Specifications:

All of the equipment and operators below will be worked five: 10 hour days per week.

Upper Grande Ronde:

(A) Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb). Work period: 6/14/10 –

7/23/10. The excavator also needs to come with a ripper with a quick attach that is capable of ripping roads 3’ deep.

(B) Equipment rental with Operator: 1 tracked log loader or excavator with rotating clam or thumb-

Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight). Work period: 6/28/10 – 7/23/10.

(C) Equipment rental with Operator: 1 skidder with log grapple – Service work activities (minimum of 180 hp (fly wheel power) and 39,000 lbs. operating weight). Work period: 6/21/10 – 7/2/10.

(D) Equipment rental with operator: 1 tracked small excavator with a 6‖ diameter rock auger capable of drilling 5 ’deep and a grapple or bucket with thumb attachment – Service work

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 7 activities (minimum of 50 hp (fly wheel power) and 12,000 lbs. operating weight. Work period:

4/19/10 – 5/15/10.

Fly Creek:

Equipment rental with Operator: 2 tracked excavators - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb). Work Period: 9/15/10 – 9/30/10.

Upper Grande Ronde River (Camp Carson), Bear Creek, Scout Creek:

Equipment rental with Operator: 1 tracked log loader or excavator with rotating clam or thumb -

Service work activities (minimum of 80 hp (fly wheel power) and 25,000 lbs. operating weight. Work

Period: 8/9/10 – 8/13/10 and 9/1/10 – 9/15/10.

Mobilization

Mobilization to the project and mobilization out at completion of the project is incidental to the project work and will not be a separate pay item under this contract. However, movement of equipment between project work sites will be paid at the hourly equipment rate for the equipment being moved.

The method of movement of equipment between project work sites is at the discretion of the contractor except movement along a paved road shall be by truck and trailer/lowboy.

Fueling

Fueling will not be a separate pay item under this contract. The fuel and cost of the equipment needed for fueling needs to be compensated within the hourly rates for equipment rental. The time required for fueling will be paid at the hourly equipment rate.

Maintenance

All equipment used for instream work shall be cleaned and leaks repaired prior to entering the project area. External oil and grease, along with dirt and mud would be removed prior to construction operations. Thereafter, equipment would be inspected daily for leaks or accumulation of grease, and fix any identified problems before entering streams or areas that drain directly into streams or wetlands. It is assumed that maintenance will be completed by the contractor on a daily basis and that the equipment will be maintained and ready to go at the appropriate starting time each day.

Rehabilitation

Rehabilitation will be minimized by removing the least amount of vegetation removal and soil necessary to complete the project.

The government reserves the right to request a new operator for any of the equipment, if that operator is not capable of performing work in a safe, efficient, and proficient level.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 8

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 9

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) http://www.arnet.gov/far/

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 10

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): www.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from issuance of the Notice to Proceed through September

30, 2010. Work is estimated to start April 26, 2010

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 11

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

(a) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer 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 pre-work 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 contract shall be interpreted to include the Contracting

Officer’s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 12

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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 Contract.

(a) The indications of physical conditions are the result of site investigations by field surveys and surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal Work Season: April 15 through November 15.

Fire Period / Closed Season: April 1 through October 31.

H.3 PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.4 OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other Contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the

Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by Government employees.

H.5 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 13 place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.6 CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.7 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall

(i) provide and maintain sanitation facilities for the work force at the site and

(ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.8 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR 452.236-

74)(NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the

Contracting Officer.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 14

H.9 EMERGENCY CONTROL (AGAR 452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF

EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the

Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting

Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.10 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in 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.

(b) Any spill shall be the responsibility of the contractor and shall be cleaned up according to applicable

Federal, State, and Local Rules and Regulations. The Oregon Emergency Response System for spills and other releases of hazardous chemicals and material may be reached at 1-800-452-0311 or 1-503-378-6377. The contractor will take immediate action to clean up the spill or chemical release as soon as the spill is known. The contractor will not wait until after notification to take immediate action, to clean up or contain, on any spill or chemical release.

(c) Prevention of Oil Spills - If Contractor maintains storage facilities for oil or oil products on Sale

Area, Contractor shall take appropriate preventative measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare 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.

H.11 EQUIPMENT REQUIREMENTS

Equipment shall be of modern design, and in good operating condition with a competent, qualified operator. Equipment shall be cleaned, free of any noxious or invasive plant seeds, free of fluid leaks and

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 15 in good operating condition. Each piece of equipment, excluding highway vehicles and trucks, shall be supplied with skimming absorbent pads sufficient to absorb 10 gallons of oil. Pads shall be the type which are made to float on the surface, while absorbing oil and repelling water. Pads shall be "New Pig" pad #MAT214 or other manufactured pads meeting or exceeding the New Pig Skimming pad specifications.

When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

All operators of equipment used in these projects will have sufficient skill and experience to properly perform the work assigned. An operator who, in the opinion of the COR, is not thoroughly knowledgeable in equipment operation, or specifications, will be removed and replaced immediately upon written request of the Contracting Officer.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 16

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.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/ www.usda.gov/procurement/policy/agar.html

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applicable if contract exceeds

$30,000)

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

52.216-7 Allowable Cost and Payment (DEC 2002)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

5252.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (FEB 2007)

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)

52.243-3 Changes -- Time-and-Materials or Labor-Hours (SEP 2000)

52.244-2 Subcontracts (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.245-9 Use and Charges (JUN 2007)

52.249-6 Termination (Cost Reimbursement) (MAY 2004) Alternate IV (SEP 1996)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

http://www.usda.gov/procurement/policy/agar.html

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 17

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

452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 AGAR 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $160,000.00 . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

I.3 52.204-7 Central Contractor Registration (APR 2008)

(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 means the 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 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, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ―Active‖. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(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

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 18 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) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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

Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

(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.

http://fedgov.dnb.com/webform

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 19

(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;

(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.

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 20

(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 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

Employee Class Monetary Wage-Fringe Benefits

Equipment Operator WG-10 $30.30 Hourly Wage

(Retirement) 20.4%

(Life & Health Insurance) 3.7%

(Workman’s Compensation) 1.9%

I.5 FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the

Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the

Contractor within 30 days from the date of acceptance by the Government. This notice shall state either-

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting

Officer may, by contract or otherwise, correct or replace with similar services and charge to the

Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

http://www.ccr.gov/

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 21

ARRA REQUIRED CLAUSES (FULL TEXT)

I.6 FAR 52.222-54 Employment Eligibility Verification. (Jan 2009)

(a) Definitions. As used in this clause—

―Commercially available off-the-shelf (COTS) item‖—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), ―bulk cargo‖ means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

―Employee assigned to the contract‖ means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

―Subcontract‖ means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

―Subcontractor‖ means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

―United States‖, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee‘s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://www.arnet.gov/far/current/html/Subpart%2022_18.html#wp1089948 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 22

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a

Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the

Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the

Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United

States who was hired after November 6, 1986, within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor‘s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor‘s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the

Internet at the Department of Homeland Security Web site: http://www.dhs.http://www.dhs.gov/E-

Verifyhttp://www.dhs.gov/E-Verifygov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security

Program Operating Manual; or http://uscode.house.gov/ http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify

Upper Grande Ronde Phase I and II Fly Creek and Scout Creek Restoration PAGE 23

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification

Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

I.7 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.

I.8 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).