MetaLake Well Drilling Solicitation 4-8-2010.pdf

TABLE OF CONTENTS

RECOVERY- META LAKE WELL DEEPENING PROJECT

Mt. St. Helens Volcanic Monument/Gifford Pinchot National Forest

PART I – CONTRACT SPECIFICATIONS

� SECTION A - SF-1442

� 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 � RECOVERY Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

� SECTION J – Attachments Attachment J-1: Meta Lake Well Plans and Drawings Attachment J-2: Meta Lake Water Well Report Attachment J-3: Project Specifications Attachment J-4: Wage Determination Attachment J-5: Fire Requirements Attachment J-6: Bid Package

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

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0432

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/8/2010

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

371018

6. PROJECT NO.

7. ISSUED BY CODE 0489 8. ADDRESS OFFER TO

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

9. FOR INFORMATION

CALL:

A. NAME

AMY WONG

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

503-668-1436

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date): TAS::12 1102::TAS RECOVERY – META LAKE WELL DEEPENING PROJECT, Mt. St. Helens Volcanic Monument / Gifford Pinchot National Forest

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA).

This is a 100% small business set-aside.

The magnitude of construction for this acquisition is between $25,000 and $100,000.

Technical questions may be directed to Kimberly Swanson, telephonically at (360) 891-5164 or e-mail at kswanson02@fs.fed.us

See Section L.3 for detailed instructions on how to submit your quote.

11. The Contractor shall begin performance within 10_ calendar days and complete it within 30 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.2.)

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

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

YES NO

12B. CALENDAR DAYS

n/a

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1500 (hour) local time ____5/10/2010______(date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

AG-0489-S-10-0432

META LAKE WELL DEEPING PROJECT

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

1. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 0489 27. PAYMENT WILL BE MADE BY

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

LELA STAWICKI

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

SCHEDULE OF ITEMS

NOTE: Before preparing your quote, read instructions and review the attachments carefully.

Insert a Unit Price and Total for each item. The offeror must offer on all items.

Item No. Description

Method of Measurement

Unit

Est.

Quantity

Unit Price Total

Mobilization

Site clearing and grubbing

Remove hand pump

Remove existing steel well casing, cement seal, and liner

Drill minimum 10” borehole from 24 feet to minimum 50 feet

Drive Shoes

Annular cement grout seal

Drilling to accommodate well casing and liner

Casing-In-Place 6-inch

Casing liner with perforations

Well Development

4-Hour Pump Test

Remove existing Concrete Slab

Install Concrete Slab

Furnish and Install Hand Pump

Water Quality Testing

Well Abandonment

FBO/destination Base Bid

LSQ

AQ

LS

LF

EA

HR

HR

EA

TOTAL

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to perform all work required to complete the project in accordance with plans, specifications, and provisions in the Statement of Work as specified in the solicitation. Payment for contract work will be made only for and under those pay items included in the Schedule of Items above. Notice to Proceed with work is estimated to begin on or about June 9, 2010.

Please complete the following:

Name of Contractor: E-mail Address:

Name and title of person authorized to sign offer: Telephone:

Signature: __________________________________________ Date: ________________________

Check completed: Registered in ORCA and CCR.

TIN: __________________________ DUNS: ________________________

SECTION C--DESCRIPTION/SPECIFICATIONS

C-1 DESCRIPTION OF WORK

This work involves deepening the existing well at the Meta Lake Interpretive Site. During the reconstruction of this well (1) the existing well casing, well casing liner, and annular cement well seal must be removed and replaced with new materials and (2) work also includes removing and disposing of the existing concrete slab and hand pump, and furnishing and installing a new concrete slab and hand pump.

C-2 PROJECT LOCATION

Directions to the project site are as follows: proceed along Interstate 5, take exit 68, head east along U.S.

12 for approximately 50 miles to Randle, Washington, head south on Forest Road 25 for approximately 35 miles, turn right onto Forest Road 99 and drive for about 15 miles. The Meta Lake Interpretive Site will be on the right hand side of the road.

An alternate route is to proceed along Interstate 5 to Woodland, Washington, take exit 21, head east along Hwy 503 for approximately 30 miles towards Cougar, Washington. At this point Hwy 503 will turn into Road 90. Drive along Road 90 past the Swift Reservoir, then merge left onto Forest Road 25.

Head north along Forest Road 25 for approximately 40 miles, turn left on Forest Road 99 and drive for about 15 miles. The Meta Lake Interpretive Site will be on the right hand side of the road.

C-3 SPECIFICATIONS FOR WATER SUPPLIES/CONSTRUCTION

The applicable specifications are as follows:

1. Group A Public Water Supplies- Chapter 246-290 WAC

2. Minimum Standards for Construction and Maintenance of Wells- Chapter 173-160 WAC

3. Regulation and Licensing of Well Contractors and Operators- Chapter 173-162 WAC

4. AWWA Standard for Water Wells- A100-06

C-4 CONTRACT TIME

Contract Time will be completed in 30 calendar days after the Notice to Proceed. The estimated start work date is on or about June 9, 2010.

C-5 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The contractor shall furnish all necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

C-6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(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-7 MATERIAL CERTIFICATIONS, INVOICES AND TESTING REPORTS

Materials associated with pay items will require certification and/or testing reports submitted to the Contracting Officer’s representative.

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

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL ACCEPTANCE

Before final acceptance, (1) the newly installed pump shall be tested for functionally and ease of use and (2) all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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/

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from the effective date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on or about June 9, 2010.

F-3 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE

(NOV 1996)

Within five calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work. Work shall not occur on weekends or national holidays unless approved in writing by the Contracting Officer. Operations shall cease during non-daylight hours.

The maximum workweek that will be approved is Not Applicable.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

The Ryan Lake Borrow pit is located along the western side of Road 26, approximately 5 miles north of the project site.

Description Section Location Quantity When furnished General fill 02223 Ryan Lake

Borrow pit < 1 cubic yard When needed

G-2 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

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

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

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-3 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-4 PRE-WORK CONFERENCE

The Contractor shall meet with the Contracting Officer and/or Contracting Officer’s Representative to discuss contract terms and work performance requirements, Work Progress Schedule and Plans. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference. The time and place of such conference will be decided in a future date.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 GENERAL SITE CONDITIONS AND WEATHER

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

1. The Meta Lake Interpretive Site is part of the Mount St. Helens blast zone, with many downed trees and volcanic ash still remaining from the 1980 eruption. Meta Lake is located approximately 1,000 feet west of the existing well and the work of this contract.

2. Geology is expected to consist of sandy materials/pumice underlain by layered volcanic materials and pyroclastic flows from prior Mount St. Helens eruptions. A well drilling log for this site is attached in Section J of this contract.

3. Weather conditions allowing access to the site are typically expected from mid to late May through late October. The area is typically covered with a blanket of snow from December through April.

Access may vary depending on severity of weather. The well site is at 3,614 feet in elevation.

H-2 PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-3 CONTRACTOR'S REPRESENTATION AND RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-4 COORDINATION WITH THE CO (CONTRACTING OFFICER)

Notify the CO and furnish a work schedule to the CO at least seven (7) calendar days before work is to begin.

H-5 SUBMITTALS

1. Work requiring submittals shall not begin until submittals have been approved. Submittals shall include the following:

• Date and Revision Dates.

• Project Name and Contract Number.

• Names of Contractor, Subcontractor, Supplier, and Manufacturers.

• Field Dimensions and Relation to Adjacent Structures.

• Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

2. Manufacturer's Requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts.

Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

3. The following shall be submitted on this project. Hard copy, Adobe PDF, jpeg, or Microsoft Office files will be accepted.

DESCRIPTION SPECIFICATION

SECTION

TIME ALLOWED FOR GOV’T

REVIEW AFTER SUBMITTAL

Schedule of Work Section H 3 working days

Well log for deepened well 332113 3 working days

Well liner perforation configuration 332113 3 working days

Shift Records 332113 3 working days

Pump test 332113 3 working days

Concrete delivery ticket 033000 3 working days Fill material certification 321300 3 working days Well static water level measurement 332113 3 working days Manufacturer’s literature for hand pump 221123 3 working days Manufacturer’s installation instructions for hand pump

221123 3 working days

Water Quality Analysis results 332113 3 working days

Pollution control plan Section H 3 working days

Fire Plan 3 working days

Emergency plan 3 working days

Approval or Rejection Time Allowance: Submittals will be reviewed and either approved or rejected within three (3) calendar days of their receipt by the Contracting Officer. The Contractor shall re-submit a response to conform for approval within (2) calendar days or mutually agreed time.

H-6 PERMITS AND RESPONSIBILITIES

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 occurs 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-7 DISPOSAL OF EXCESS OR UNSUITABLE MATERIAL

Unsuitable or excess material generated in the performance of the work of this contract shall be removed and disposed of off-site and off National Forest Land. The Contractor shall follow all necessary county, state, and federal permits and requirements.

H-8 POLLUTION AND EROSION CONTROL

1. Prior to the start of construction, the Contractor shall submit a Pollution and Erosion Control Plan to the Contracting Officer for approval. The Forest Service will review and approve within three (3) working days.

2. No objectionable material shall be allowed to enter any stream, river, lake, or other body of water.

Material which falls in these areas shall be retrieved and disposed of, or incorporated into the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

3. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. The Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

4. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products exceeds 1320 gallons or if a single container exceeds a capacity of 660 gallons, the 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-9 PROSECUTION OF WORK

1. Work hours shall be limited to the weekdays with no restrictions on work hours. At least fourteen

(14) calendar days prior to work, submit a Schedule of Work with dates showing beginning and ending of work tasks. Contractor may close a portion of the parking area and paved walkways as part of construction activities. In the Schedule of Work, highlight periods when the trail and parking lot is to be closed. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

2. The Contractor shall use measures and precautions necessary to warn and protect the public and

Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area to prevent public access.

H-10 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS

1. The Contractor shall preserve and protect all structures and vegetation (such as trees, vegetative ground cover, sensitive soils, 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 limit activities and take precautionary measures to not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas designated for removal and construction in these contract documents. Depositing of rocks, excavated materials, vegetation, or other debris outside of these areas shall be authorized by the Contracting Officer. Material which falls outside these areas shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

a. 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 (including paved surfaces) at or near the work site, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities 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.

2. The existing well was drilled in 1985 in an area that was relatively barren and surrounded by downed trees. Vegetation has slowly returned to the area and has grown around the well site. Plant regrowth and downed trees/stumps are expected to have some impact on well drilling operations.

Plant regrowth may need to be trimmed back and downed trees/stumps may need to be pushed aside.

3. Reasonable effort shall be taken to ensure that all equipment is cleaned and free of seeds and weeds prior to entering the Mount St. Helens National Volcanic Monument for the duration of the construction project. Cleaning of Off-Road Equipment used by the contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto National Forest Land. Upon request from the Forest Service, arrangement will be made for the Forest Service to inspect each piece of equipment prior to it being placed in to service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, plant parts, and seeds. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. “Off- Road Equipment” includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H-11 WASH STATION ONSITE

The Contractor may construct a wash station on site. It shall be capable of containing all unfiltered wash water and other materials including oils, sediment, mud, dirt, plant parts and seeds. The location and proposed construction of the wash station shall be approved by the Contracting Officer.

H-12 CHLORINATED WATER DISPOSAL

All chlorinated water used for disinfecting the well and well components must be neutralized prior to entry into the nearby surface water or hauled off site and disposed of in a manner that will not impact wildlife.

H-13 WORK LIMITS

Work limits shall be confined to the limits as indicated on the drawings. Contractor shall not operate equipment outside of the work limits. Vegetative ground cover, curbing, and paved areas shall be covered and protected from damage by workers and vehicles entering the well site. This can be accomplished by placing plywood, timbers, or other hardened cover. Downed trees and stumps may need to be relocated so that the drill rig can easily access the well location.

H-14 FINAL CLEANUP

Contractor shall clean the parking and road surfaces of all dirt, rock or debris caused by the work of this contract. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

H-15 POTENTIAL SAFETY HAZARDS

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

The following checked activities have been identified by the Government as potential safety hazards.

[ ] Confined space entry.

[X] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[ ] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[ ] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[ ] Mechanical hazards such as pulleys, springs, etc.

[ ] Other _____________________

H-16 CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

H-17 USE OF PREMISES

(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, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless provided otherwise, the Contractor shall:

(i) provide and maintain sanitation facilities for the workforce at the site and,

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

H-18 STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-19 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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

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

(c) Contractor's Responsibility for Responding to Emergencies.

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

NOTE: Fire Protection Requirements

The Contractor shall comply with and/or complete the attached forms:

(1) Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989),

(2) Additional Fire Precautionary Measure 1 – Tank Truck (R6-FS-6300-53), and

(3) Additional Fire Precautionary Measure 2 – Communications (R6-FS-6300-54)

See Fire Plan Requirements referenced in Section J.

H-20 FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

The following are some safety hazards which have been identified while performing road and bridge construction/reconstruction activities on the National Forest.

1. Traffic Hazards

A. Narrow, gravel- or native-surfaced forest roads

1. Construction traffic

2. Recreational traffic (including ATV’s)

3. Dusty conditions when the following or meeting other vehicles

4. Rough running surface

B. Obstructions In Road

1. Livestock and wildlife

2. Rolling rocks

3. Downed timber

2. Work Environment

A. Weather/Heat/Cold B. Bees nests C. Ticks D. Uneven ground E. Snags/hazard trees F. Personal safety equipment

3. Truck Driving & Trailer Towing A. Stopping distance B. Loads securely lashed C. Clearances (power lines, etc.)

D. Steep grades

4. Excavation A. Slope stability B. Trench stability (CMP’s etc.)

C. Loose material/rolling rock D. Noise E. Water

5. Heavy Equipment Operation

While operating or working adjacent to or near heavy equipment, strict attention should be given to safety procedures. Injury, disability, or death may occur during any of the following:

A. Backing B. Clearance around backhoes/excavators/cranes C. Steep side slopes or soft ground/rollover D. Refueling E. Equipment limitations F. Unsafe equipment / lack of safety equipment (hard hats, chaps, and other job-specific safety equipment) G. Operator failure H. Overhead hazards when cranes or excavators are operating during heavy lifting operations I. Trailer, bucket, and other connections or retrofitting J. Loud noise K. Restricted sight distance L. Reduced hearing capability of operator due to equipment noise M. Overhead hazards when working near equipment N. Heavy loads, including dead and live weight O. Transport failures and accidents

1. Unstableness

2. Tie-downs

3. Loading/unloading hazards

6. Communications

H-21 ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.204-7 Central Contractor Registration (APR 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.214-31 Facsimile Bids (DEC 1989) 52-215-2 Audit and Records – Negotiation (JUN 1999) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007)

52.222.54 Employment Eligibility Verification (JAN 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (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) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.248-3 Value Engineering -- Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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.

I-3. 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, 2009, are due no later than July 10, 2009. 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 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 measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix)…