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RECOVERY- SOUTH FORK WALLA WALLA RIVER TRAIL/ROUGH FORK TRAIL RESTORATION

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

PAY ITEM

Note: Quantities listed above are for both the South Fork Walla Walla River Trail and the Rough Fork Trail.

Please complete the following:

Name of Contractor:

E-mail Address

Name and title of person authorized to sign offer:

Signature: ____________________________________________ Date: ________________________

TIN: __________________________ DUNS: ________________________

NOTE: Payment for bond premiums in accordance with Clause FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

951.01 Mobilization. Payment will be made on actual work performed as described in Section 951.01 Work unless otherwise noted.

TABLE OF CONTENTS

RECOVERY- SOUTH FORK WALLA WALLA RIVER/ROUGH FORK TRAIL RESTORATION

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

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

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1

DESCRIPTION OF WORK

The intent and purpose of this contract is for the restoration of the South Fork Walla Walla River Trail #3225 and Rough Fork Trail #3227. Both trails are actively used motorized trails. Both trails were logged and partially brushed in 2009. The work will consist of clearing and grubbing, excavation and embankment, existing trail restoration, brushing, log out, slough and berm removal, rock removal, switchback restoration, rock wall restoration, shallow stream fords, culverts and drainage structures.

Motorized equipment is permitted on this project. This trail is not suitable for three or four-wheeled ATV’s and they are not permitted.

Vehicles over 40” are prohibited beyond the junction with Trail #3223. The use of helicopters is not expected.

Blasting may be necessary on this project. Blasting shall be done by a state and federally licensed blaster. The blaster will be responsible for all permits now required to perform explosive work. Newer Alcohol, Tobacco, and Firearms (ATF) regulations went into affect during 2003. Refer to the ATF Internet web site www.atf.gov for detailed information on federally required permits.

C.2

PROJECT LOCATION

This project is located on the Walla Walla Ranger District, Umatilla National Forest in Umatilla County Oregon.

The South Fork Walla Walla River Trail begins on the trail, 3 miles south of the Deduct Springs Trail head. The project ends at the Junction with the Bear Creek Trail #3223.

The Rough Fork Trail section begins at the Junction with the South Fork Walla Walla River Trail and ends at the Rough Fork Trail head on USFS RD #6403.

From Milton Freewater, Oregon, follow Walla Walla River Road to the Forks Junction. Turn right on South Fork and continue to the end of the road and the SF Walla Walla Trail Head.

For the Rough Fork Trail Head: From Weston, Oregon, travel 20 miles on State Highway 204 to Forest Service Road #64 at Tollgate. Turn left and continue past the Tollgate Guard Station and Jubilee Lake to Forest Service Road #6403. Turn left and follow #6403 toward Mottet Campground and Rough Fork Trail head. The trailhead is the first right just before the campground on Forest Service Road #6403. It is 15.0 miles from Tollgate.

For the Deduct Trail Head: From Walla Walla, Washington, travel 11 miles East on Mill Cr. Road. The road changes to gravel at the Oregon-Washington Stateline. Continue 3 miles to the Jct. of Mill Cr. Road and FDR 65. Turn right on FDR 65 and travel 10.5 miles to the SF Walla Walla Trail at Deduct Pond Trail Head.

Project work items are marked with stakes and flagging.

C.3

PRICE RANGE

The magnitude of construction for this project is estimated between $100,000.00 and $250,000.00.

C.4

TECHNICAL CONTACT

Steve R.Anderson: (509) 522-6041 sranderson@fs.fed.us

Paul Freidel: (509) 520-6599 pfreidel@fs.fed.us

C.5

APPLICABLE SPECIFICATIONS

USDA FOREST SERVICE REGION 6 – U.S. Customary Specifications for Construction and Maintenance of Trails, Pacific Northwest Region dated July 2005 shown in the Section J specification listing and attached to the contract are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.

C.6

MEASUREMENT AND PAYMENT

a. All quantities are based on wheeled trail logs.

b. Refer to Standard Specifications 906 and 907 for details on measurement and payment.

C.7

PERFORMANCE REQUIREMENTS

a. Adhere to all Standard Specifications, and Drawings for the Construction and Maintenance of Trails.

b. Communicate with the CO and COR as to progress, location, and completion of items.

c. Adhere to all Contract Requirements listed herein.

d. Adhere to all requirements of Region 6 Fire Protection Requirements.

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

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

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

(b) Inspection and acceptance will be performed at On-site

E.3

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within ten (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 September 30, 2011. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 15, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 10 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.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer's Representative

a. The Contracting Officer designates the Contracting Officer's Representative (COR).

b. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

c. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

d. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR.

e. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

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.

e. 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at time of contract award. The conference will be held at the Walla Walla Ranger District Office, at 1415 West Rose St., Walla Walla, Washington 99362, or at a location determined by the Contracting Officer.

H.2

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (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.3

AGAR 452.236 - 74-CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (FEB 1988)

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 near rivers, streams, and impoundments; or into natural or manmade 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.

H.4

AGAR 452.236-77 EMERGENCY CONTROL (FEB 1988)

a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of Contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages on costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

b) Contractor's Responsibility for controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use not less than the current area rate established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.5

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. Camping is allowed at USFS trailheads. The contractor will be responsible for restoring the campsites to their original condition.

c. 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.

d. Camp sites and trailer parking areas used by any employee working on the project for the contractor shall be kept neat and clean. There shall be no improvements made to the site.

H.6

LOCAL MATERIALS SOURCES

All borrow areas shall be approved in advance by the COR and generally shall be so located and excavated as to be screened from the trailway, or utilize suitable material generated from trail construction.

H.7

LANDSCAPE PRESERVATION

a. The Contractor shall confine operations to Project Area 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. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

c. Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality designated solid waste disposal area.

d. Tree and Bark Damage: Trees used as anchors or spar poles for cable yarding of construction materials (ie: bridge beams, barrier logs) shall be protected from bark damage and girdling. Chokers (nylon web, chains, or cable) shall be shimmed and will not have direct contact with live bark.

H.8 PREVENTION OF OIL SPILLS. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure 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.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any 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

USE OF MOTORIZED EQUIPMENT

The use of a motorized equipment is permitted on this project provided the final finished trailbed is no wider then as shown on drawings.

H.10

USE OF PACK AND SADDLE ANIMALS

Use of Livestock. Riding and pack stock may be used to transport personnel, supplies, materials, and equipment to and from, and within the project area. Commonly accepted (“Leave NoTrace”), low impact stock-handling techniques shall be used to minimize the impact from stock on National Forest land. Stock use is restricted as follows:

(1) Stock shall not be tied directly to trees except for brief (less than 1 hour) periods for loading and unloading. For longer periods, low impact high-line methods shall be used.

(2) The number of stock allowed shall not be more than the number needed to accomplish contract work.

(3) No grazing will be allowed. Stock shall be contained with 100% feed provided by the Contractor. All hay (cubes or bales) used on National Forest lands shall be certified as weed seed free. Containment areas (hitch lines, electric fence corrals, supplemental feeding areas, etc.) shall be moved every 10 days or as otherwise directed by the Contracting Officer. Containment areas shall not be within 200 feet of any permanent water source.

H.11

DISPOSAL OF CONSTRUCTION DEBRIS

Debris from the construction shall be disposed of at a site and in a manner approved by the Contracting Officer.

H.12

CLEAN-UP

The contractor shall remove all construction stakes, tags, and plastic flagging located within 50 feet of the completed trail centerline for the entire length of the project within 5 days after the final acceptance of all other work on the project.

H.13

RESPONSIBILITY FOR BLASTING

a) Trail construction personnel responsible for blasting are required to comply with all State and Federal Regulations regarding certification, purchasing of explosives, storage, and use. All blasting operations shall be conducted under the direct supervision of a qualified blaster possesing a valid Oregon State User's (blasters) License and a Federal explosives license permit. An approved and certified storage magazine will be required. A Commercial Driver's License with explosives endorsement and proper documentation is required for tranportation.

The provisions of the Safe Explosives Act of 2002 shall be followed including:

1) New Prohibited Persons Categories: Adds three new categories of persons prohibited from receiving or possessing explosives: (1) Aliens; (2) Persons dishonorably discharged from military and (3) US citizens who have renounced their citizenship.

2) Samples: When requested by ATF, manufacturers and importers of explosives must submit samples and chemical information.

3) Requirement for all persons who wish to receive explosive materials to hold a Federal explosives license permit: This requires that all person receiving explosives materials, obtain a Federal explosives license or permit and creates an additional type of permit, the “limited permit,” that will authorize holder to receive explosives materials only within his/her state of residence.

4) New Required Industry Information for More through ATF Background Checks: ATF must approve an explosives license or permit application if, among other things, the applicant is not prohibited from possessing. Responsible persons (e.g. facility site managers, corporate officers) will now be required to submit to ATF identifying information, fingerprints and photographs. Employees of licensees and permitees who are authorized to possess explosives materials in the course of their employment must submit only identifying information.

5) Inspections: Generally ATF will have to physically inspect all ATF licensees and permittees at least once every three years.

For further info you can either access the ATF (Bureau of Alcohol, Tobacco and Firearms) at www.atf.treas.gov. Or call (202) 927-2310. The web site also has a question and answer section. Contractors should refer to the web site or phone number if they have questions. The web site also explains the process for applying for a license or permit and the different types of permits or licenses.

b) Prior to the firing of each blast, watchmen shall be posted a minimum750 feet airline distance on trail or road locations that are within the blast area. All traffic will be stopped a minimum of 750 airline feet from the blast area.

c) The Blaster and other personnel shall be a minimum of 500 airline feet from the blast area.

d) The contractor shall provide warning signs that conform to the Manual of Uniform Traffic Control Devises for Streets and Highways when blasting operations are conducted or are within 1000 feet of a road or trail.

e) Blasting machines will be either Capacitor Discharge or GeneratorBlasting machines for all electic detonators. Non-Electric detonating devices will be used for all Non-Electric detonators. Cap and Fuse willnot be allowed.

f) Explosives used for tree top blasting will be either water gels or emulsions.

g) Each loaded hole shall be marked with red ribbon. These shall be checked following each blast. Following each individual blast, ribbons, and lead wire shall be collected. If a misfire is found, the blaster shall provide proper safeguards for excluding all persons from the danger zone. No misfires of loaded holes shall be left unattended.

h) All heavy rock construction areas, requiring the use of explosives, shall be scaled on and around the blast surface following each blast.

i) Blasting will only be permitted during the daylight hours and will cease by 6:00pm daily. Blasting activity will be prohibited from 12:00 am (noon) Friday until 12:00 am (noon) Monday and on legal holidays.

j) Blasting within military training flight zones requires a 72 hour notice to the COR. Air Space closure needs to be obtained prior to the blast. Specify the location and time of the blasting.

k) No blasting will occur on weekends or holidays.

ADDITIONAL BLASTING REQUIREMENTS TO MITIGATE SOUNDS OF BLAST:

1. The contractor shall not use explosives between the period of two hours before sunset to two hours after sunrise.

2. The contractor shall not use surface shots (if possible).

3. The contractor shall not use detonator cord on the surface, or shall cover the cord with 6 inches of fill.

4. All shots shall be fired in pre-drilled or dug holes that are properly stemmed or back-filled. Place sandbags over loaded holes, in conjunction with the air-gapping technique to increase stemming.

5. All holes shall be individually primed with electric blasting cap or NON-EL blasting cap. The contractor shall not use cap and fuse.

6. In multiple hole shots the contractor shall adhere to the following:

a. No two-holes side by side shall be fired simultaneously.

b. Blasting caps with milli-second delay shall be used.

c. At least 50 milli-seconds of delay shall be used between holes.

d. Calculate the weight of explosive per delay per distance using the following formula derived from the Office of Surface Mining surfacecoal mining protective regulations: W(weight) = D(distance)2/ 4000.

7. The contractor shall not exceed a powder factor of one-half pound of explosives per cubic yard of solid rock. Do not exceed 1/4 pound per cubicyard of explosive when air gapping boulders. For tree cutting, use W(weight of explosive)=.004 D2. For stump use one pound per foot diameter at ground level.

H.14

BARRICADES, WARNING SIGNS, AND OTHER DEVICES

Approved signs shall be placed at the trailhead notify the public of the construction activity.

H.15

OTHER CONTRACTORS

Other Contractor(s), Forest Service Crews, or volunteer groups may be working adjacent to the project site. The Contractor shall fully cooperate with the others, including planning and notification of blasting activities, aviation activities, camp sites, or other actions involving public safety.

H.16

PRODUCT SUBSTITUTIONS, SHOP DRAWINGS AND MATERIAL CERTIFICATION

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 approvalof 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.17

SAFETY

a. The contractor shall provide the crew with proper safety equipment, which includes, but is not limited to: hardhats, hearing protection, eye protection, gloves, chaps, nonskid boots, etc.

b. The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

c. The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations. The Contractor’s safety plan shall identify and describe anyinherently hazardous conditions and specific actions to reduce these hazards.This plan shall be provided to the Contracting Officer at the pre-work conference. Work shall not commence on this project if the Contractor fails to provide a safety plan.

d. Inherently hazardous conditions that could lead to serious injury or loss of life are lacerations fromsaws, slips and trips from uneven terrain, hidden obstacles of slope of ground, driving and weatherconditions. These are not inclusive.

H.18

CLEANING OF TOOLS AND EQUIPMENT

To prevent the introduction of seeds of noxious weeds onto National Forest land, Contractor shall ensure all tools and equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that contain or hold seeds. Contractor shall employ whatever cleaning methods necessary to ensure complicance the the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forest land. Notification shall include identifying the location of the equipment’s most recent operations. Upon request of Forest Service, arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being placed into service.

H.19

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (USDA) (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.20

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (FEB 1988)

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 near rivers, streams, and impoundments; or into natural or manmade 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.

H.21

DISPOSAL OF CONSTRUCTION DEBRIS

Debris from the construction shall be disposed of at a site and in a manner approved by the Contracting Officer.

H.22

CLEAN-UP

The following is in addition to FAR Clause 52.236-12.

The contractor shall remove all construction stakes, tags, and plastic flagging located within 50 feet of the completed trail centerline for the entire length of the project within 5 days after the final acceptance of all other work on the project.

H.23

AGAR 452.236-77 EMERGENCY CONTROL (FEB 1988)

a. Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of Contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages on costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

b. Contractor's Responsibility for controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use not less than the current area rate established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

H.24

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.219-8 Utilization of Small Business Concerns (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)

52.223-6 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)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (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) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

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)

Alternate I (APR 1984)

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 52.204-7 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 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.

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 Subpart42.12, 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.

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

I.4 FAR 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING REQUIREMENTS (MAR 2009)

(a) Definitions. As used in this clause—

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

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

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

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

(1) Salary and bonus.

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

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

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

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

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

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

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

(d)The Contractor shall report the following information, using the online reporting tool available at 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)…