RFP AG-4419-S-10-0653.pdf

Request for Proposal Construction

Pigeon River Fish Passage Project

Solicitation No.:

AG-4419-S-10- 0653

Project No.:

CIM-0903/0909-8EW-268-0903-02

Due Date: June 4, 2010 Time: 5:00 PM EST

SOL NO: AG-4419-S-10-0653

UNIT: 0903

PROJ NAME: Pigeon River Fish Passage Project

TABLE OF CONTENTS

1. INSTRUCTIONS

1.1. General Description of Work

1.3. Schedule of Proposal Activities

1.5. Questions

1.6. Proposal Sealing

1.7. Award Determination

1.10 SF1442 PDF ATTACHMENT

Basis for Proposal Evaluation

SECTION B

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PART II--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

Attachment A – EXPERIENCE AND CAPABILITIES STATEMENT Attachment B – SPECIFICATIONS – PDF Attachment Attachment C – DRAWINGS - PDF Attachment Attachment D – Davis – Bacon Wage Determination PDF Attachment

1. INSTRUCTIONS

This Request for Proposal (RFP) is issued by USDA Forest Service – EROC East, 1720 Peachtree St., NW, Suite 700, Atlanta, GA 30309, hereinafter referred to as FS, to obtain the services of one General "Prime" Contractor (GC), and also referred to as Offeror or Contractor, who shall be singularly responsible to satisfy the terms of the resulting contract. A Construction Contract to Construct a 250 Foot fish passage channel, removing and disposing the existing concrete headwalls and corrugated steel culverts and outlet control structure on the Pigeon River Impoundment in the Chippewa National Forest in accordance with the scope of work, design drawings, specifications and contract requirements included herein.

The contract will be a Firm-Fixed-Priced.

This is a RFP set aside for a Small Business HUBZONE Entity.

This section contains the specific information and instructions needed to prepare a proposal submission for this anticipated award.

1.1. General Description of Work

The contract is for the Pigeon River Fish Passage and Impoundment Restoration – Construction Project; Constructing a 250 Foot fish passage channel, removing and disposing the existing concrete headwalls and corrugated steel culverts and outlet control structure on the Pigeon River Impoundment in the Chippewa National Forest

1.2. What Must Be Included with Proposal Submission

In order to properly evaluate proposal received it should include, at minimum, the following:

Cover Sheet

Should reference this Request for Proposal number and include:

Dun & Bradstreet Number ________________________________ Tax ID Number ________________________________________ Email Address _________________________________________

Note: This information must match the information in the Central Contractor Registration (CCR) website.

Price Proposal

Price proposal shall be submitted under separate cover and include at minimum:

Full breakout of labor and materials anticipated for the Project. Provide a list of all necessary materials, equipment and labor to complete the job you intend to use on the project in Pay Unit and Quantity (as specified), Bid Items and Optional

Items, as outlined in the specifications. Please be detailed in response to Bid items.

Completed Schedule of Items

Completed SF1442

Price proposals shall include all fees and charges.

Other than price

Past Performance – Experience and Capabilities Statement

Provide list of Contracts of similar projects over the past three years that are similar to this project in scope and size. Please provide the name of the firm, address, telephone number and point of contact. Complete Attachment A.

Financial - Proposal shall provide verification of financial status of the company and credit information.

1.3. Schedule of Proposal Activities

Submission:

Proposals for the RFP shall be received at the following location:

Attention:

Randy Lloyd, Contracting Officer c/o Keisha Monderson, CS 1720 Peachtree St., NW Suite 900 Atlanta, GA 30309

RFP submissions must be delivered complete by 5:00 pm on June 4, 2010 to the above address. Mailed originals will only be accepted. No FAX or SCANNED COPIES allowed.

Proposal received after the 5:00 PM EST on June 4, 2010 will not be considered and will be returned unopened.

Quantity: The Offeror shall submit two (3) copies of all proposals

1.4. Location of Work

The Pigeon River Impoundment is located on the Deer River Ranger District of the Chippewa National Forest. It is located in Section 11, Town 11 South, Range 3 East on FDR 3153 at approximately mile post 3.13. A vicinity map including project location, and road networks is shown in Attachment A. The closet full service community is Deer River Minnesota National Forest

1.5. Questions

Questions: All questions concerning proposal submissions shall be directed to the Contracting Officer, Randy Lloyd at rlloyd@fs.fed.us, the Contract Specialist Keisha Monderson at krmonderson@fs.fed.us and the Contracting Officers Representative (COR) cstaylor@fs.fed.us and ttisler@fs.fed.us via email only.

The subject line shall read: QUESTIONS RFQ #AG-4419-S-10-0653

THE LAST DAY TO SUBMIT QUESTIONS IS: May 28, 2010 at 4:00pm EST

1.6. Proposal Sealing

The contents of each proposal submission are to be placed in sealed envelopes or other sealed enclosure and identified with Offeror‘s Name, Project Name, submission material title/heading, Tax ID number, Duns Number, RFP number, and the time/date delivery requirement.

1.7. Award Determination

Basis for Proposal Evaluation

Lowest Priced – Technically Acceptable

Award will be made to that offeror (1) whose proposal is technically acceptable and (2) whose price is the lowest Total Amount for All Items. Technical evaluation factors are listed below and will be used in determining whether a vendor is ―technically acceptable‖.

mailto:rlloyd@fs.fed.us mailto:krmonderson@fs.fed.us mailto:cstaylor@fs.fed.us mailto:ttisler@fs.fed.us

Technical evaluation will include three factors: 1) Past Performance, 2) Technical Capability, and 3) Quality Control and Safety in descending order of importance.

The Government may reject any or all offers if such action is determined to be in the best interest of the Government. After evaluation the FS may request additional information or conduct discussions/negotiations with vendors who are considered "technically acceptable".

1.8 RECOVERY

This project is funded in whole by the American Recovery and Reinvestment Act (ARRA) of 2009 and is subject to mandatory quarterly reporting pursuant to FAR 52.204-11

1.9 Contact Information

All proposal submissions shall include a valid email contact address, Company address, phone and fax number.

1.10 SF 1442 Solicitation – PDF Attachment

PLEASE RETURN 3 COPIES SIGNED ALONG WITH ITEMS AS REFERENCED IN

Section 1.2. What Must Be Included with Proposal Submission

PART I—THE SCHEDULE

SECTION B

Schedule of Items

Please provide a price proposal per quantity, Actual Quantity (AQ), Contract Quantity (CQ) Lump Sum (LS), for the Bid items and Optional Bid items listed. All Materials and equipment must meet specification requirements as described in the Project Drawings/Specifications/Scope of Work document.

Use ―Other‖ lines to describe other equipment not listed that you have that may be of use in site preparation for regeneration. You may include pictures of equipment as part of the description.

PAY

ITEM

NO.

DESCRIPTION

METHOD

MEASURE

EST.

QTY.

UNIT

PRICE

TOTAL

15101-Mobilization LS 1 LS

15702- Soil Erosion &

Pollution Control (600 feet silt fencing), up to six timber mats. Furnish and

Placement LS 1 LS

70504-Pit Run Minimum

Size 30” median diameter rounded rock (Furnished and Delivered) CQ

Ton

Size 18-24” median diameter rounded rock

(Furnished and Delivered) CQ 900 Ton

62201- Hydraulic

Excavator (330 CAT backhoe or equivalent 12’ arm) AQ 100 Hour

62201-Hydraulic Front loader- (930H CAT or equivalent) AQ 50 Hour

7 62201- Bulldozer (Cat D6 or Equivalent) AQ 50 Hour

8 62201- Dump Truck (12 to 14 CY) AQ 25 Hour

62301- General Laborer AQ 100 Hour

10 62501- Seeding and

Mulching LS 1 LS

20304 – Removal of

Impoundment Material

(Haul and Disposal) culverts, control structure and approximately 220CY of excavated soil LS 1 LS

QUTOE

OPTION ITEMS

OPTION

NO.

DESCRIPTION

METHOD

MEASURE

EST.

QTY.

Option 1

62201- Hydraulic

Excavator (330 CAT arm) AQ 25 Hour

Option 2

62201- Hydraulic

Excavator (330 CAT arm) AQ 25 Hour

Option 3 equivalent) AQ 20 Hour

Option 4 equivalent) AQ 20 Hour

Option 5

62201- Bulldozer (Cat D6 or Equivalent) AQ 20 Hour

Option 6

62201- Bulldozer (Cat D6 or Equivalent) AQ 20 Hour

Option 7

62201- Dump Truck (12 to 14 CY) AQ 10 Hour

Option 8

62201- Dump Truck (12 to 14 CY) AQ 10 Hour

Option 9

Size 30” median diameter rounded rock (Furnished and Delivered) CQ

500 Ton

Option 10

Size 30” median diameter rounded rock (Furnished and Delivered) CQ

500 Ton

Option 11

15722 – Dewatering

(pumps and materials only) LS 1 Lump Sum

Option 12

15724 – Sodium

Bentonite

(Furnish and deliver only) CQ 2 Ton

OPTIONS

Note: AQ = Actual Quantity CQ = Contract Quantity LS = Lump Sum

Quoter:

By Telephone

No.

(Signature)

FAX No.

Title

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract :

The project includes, but is not limited to:

Furnishing all materials, equipment, and labor required to construct a 250 foot fish passage channel, removing and disposing the existing concrete headwalls, corrugated steel culverts, and outlet control structure on the Pigeon River Impoundment. Including clearing, excavation, furnish and place of pit run rock material and select stream bed materials (boulders and fine grained alluvium), haul of borrow and control structure materials, installation and removal erosion and sediment control device, construction of step pools, dewatering, and supplying equipment, tools, and labor rental to perform portions of the work.

DESCRIPTION OF WORK:

The Pigeon River Fish Passage Project work involves constructing 250 feet of step pool rapids through the existing Pigeon River impoundment at the existing dam control structure (concrete headwall, and base and two 48‖ diameter culverts) and along the existing channel to the road bridge. Medium to large rock will be used for the construction of the step pool rapids. The project also includes the decommissioning and removal of all concrete, steel, and timber water control structure material and two 4-ft diameter corrugated pipes; each 55-ft long.

This work includes but is not limited to;

Clearing and grubbing the existing channel location, stockpile locations, and rock sorting areas by equipment rental. This is a base bid item

Channel construction involves excavating, shaping, furnishing and placement of medium to large rock (estimated quantities range between 4200 to 5200 tons; final volumes determined on-site by Contracting Officer or their designee), stockpiling, hauling, disposal of excess culvert/impoundment materials adjacent to the old channel and at designated stockpile areas.

Work is by pay item for furnish and haul of rock and by equipment rental for construction. This is a base bid item.

Removal and Disposal of Outlet Control structures and unsuitable / excess excavation involves excavation and removal of the existing concrete headwalls, timbers, and twin – 48‖ culverts on the earthen dam and associated fill from the construction site. Concrete, metal and wood materials will be removed by equipment rental. Disposal and hauling (inclulding loading the trucks) of the unsuitable / excess fill (~220 CY) will be disposed locally within 0.5 miles of the site. Disposal and hauling (inclulding loading the trucks) outlet control materials will be at a disposal site off National Forest Lands. All disposal of outlet control materials will be in accordance with State, federal, and local regulations depending on the Contractors chosen disposal site. Removal of materials will be by equipment rental, disposal and hauling will be by pay item.

Pit Run Rock will be placed on all newly excavated fill slopes, and as designated in the drawings or specifications. Work for furnishing and hauling of rock materials will be by pay item. This is a base bid item.

Erosion and sediment control involves furnishing and installing 600 ft of silt fence within the project area, and furnish and placement of up to six timber mats for ground disturbance control. Work includes installation, maintenance, and removal of these structures by pay item.

This is a base bid item.

Dewatering involves the furnishing of dewatering supplies (1 – 3‖ trash pump with 200ft of lay flat hose and 20ft of inflow hose with bootvalve, and 1 – 4‖ trash pump with 300ft of lay flat outflow hose and 20ft of inflow hose with bootvalve). Installation and removal will be by equipment rental and laborer. All fuel and oil required for the pumps is considered incidental to the pay item.

Seeding and Mulching involves seeding approximately one acre of MN DOT 325, 328 or 410 seed mixture by pay item (See design specs for locations). This is a base bid item.

Material Transport and Disposal involves removing approximately 220 CY of cut material to nearby diposal area located on the west end of the impoundment by equipment rental. This is a base bid item.

Sodium Bentonite Clay may be required as a sealant for the stone step-pool . If directed by the CO, the Contractor will be required to furnish and deliver commercially available granular sodium bentonite material to the job site. This is an option item.

In this contract, work will be constructed using equipment rental directed by the CO or their designee and/ or by pay item designating a unit of work. All work whether equipment rental or Pay Item will be performed by the contractor as noted in the specifications, drawings and in SCHEDULE of ITEMS.

All channel excavation, channel reconstruction and production, material disposal and cleanup, will be accomplished by equipment rental with (1) 330 Cat Backhoe (or equivalent), (1) D6 Cat Dozer (or equivalent), (1) 930H Cat Loader (or equivalent), (1) Dump Truck (12-14 CY), and (1)Laborer. Work is not limited to these functions and may include other tasks assigned to the heavy equipment or laborers. All channel construction and other work using equipment rental, will be delineated by the CO or their designee the COR in the field.

The Contract is composed of base bid items and option items. Work associated with the base bid is all work involved with the construction and removal of access roads, construction of new channel, and decommissioning of a section of the existing channel and all labor, materials, and equipment required to complete the work.

Option item will be awarded as needed for construction and based on the availability of funds.

Items designated as Option items are additional hours for all four pieces of equipment and the laborer required for the project. Any Option items required will be awarded within one day of completion of the Base Bid work.

Project Location:

The Pigeon River Impoundment is located on the Deer River Ranger District of the Chippewa National Forest. It is located in Section 11, Town 11 South, Range 3 East on FDR 3153 at approximately mile post 3.13. A vicinity map shows project location, and road networks are shown in page 1 of the design specifications. The closest full service community is Deer River, Minnesota approximately 20 miles from the Pigeon River Impoundment.

Price Range:

The Government's estimate is between: $100,000 - $250,000

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

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.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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)

SECTION F--DELIVERIES OR PERFORMANCE

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)

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 120 calendar days after receipt of Notice To Proceed. The time stated for completion shall include final cleanup of the premises.

52.242-15 Stop Work Order (AUG 1989)

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is 30 calendar days.

The intent of the project is to award all the work for completion in late July – August of 2010.

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

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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.1 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Resolve any inconsistencies in the Specifications of this solicitation and any resultant contract by giving precedence in the following order:

(a) Section H - Special Contract Requirements

(b) Standard Specifications

(c) Drawings

1. Drawings, figured dimensions over scaled dimensions

2. Drawings, large scale contract drawings over small scale contract drawings

3. Schedules on contract drawings over any conflicting notations on contract drawings.

4. Shop Drawings - (The term "Shop Drawings", includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.)

H.2 LANDSCAPE PRESERVATION

(a) Confine operations to within the areas designated in contract documents, and prevent the depositing of rocks, excavated materials, or other debris outside of these limits.

Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing as directed by the COR around areas immediately next to streams and wetland to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) Wetland Work Disturdance: Schedule and conduct wetland related work to minimize disturbance.

1.Use of timber matting to minimize ground disturdance during construction activities

2. Place into storage or decommission all access locations designated by the Contracting Officer or their designee.

The Forest Service is responsible for obtaining all permits associated with construction activities within the waterway (COE, MDNR). The contractor is required to obtain all necessary permits for transportation of heavy equipment on and across State of Minnesota, and other project operations (fueling, oil/diesel storage, etc).

H.3 USE OF PREMISES

(a) Obtain written approval from the Contracting Officer before opening or operating on

National Forest land or lands administered by the Forest Service any quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS.

(b) No camps will be allowed for this project.

(c) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

1. Comply with State of Minnesota wastewater disposal regulations for domestic sewage.

2. Ensure that the design, operation, and maintenance of all solid waste systems under

Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Minnesota solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258.

Remove solid wastes and/or residues and dispose of in approved commercial landfills.

3. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage.

Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(d) Do not begin any development until a plan for development, and cleanup is submitted and approved by the Contracting Officer. Include the following information on this plan:

1. Location and size of the proposed equipment storage areas if applicable

2. Traffic Control Plan if required

3. Pit development plan if required

4. Equipment and fuel storage area and Spill Prevention Control and Countermeasure

(SPCC) plan.

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H.4 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated quarries, stockpile sites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

A. Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload Loadings on roads authorized for use.

Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in Special Project Specification 104.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H.5 ROAD MAINTENANCE REQUIREMENTS

Perform road maintenance work on the required roads in accordance with the following:

(a) Maintain existing roadbed by blading and shaping the traveled way and shoulders.

Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

(b) Maintain and repair any road or bridge damage caused by the Contractors operations.

H.6 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the

Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

H.7 PROSECUTION OF WORK

It is important the Contractor, COR and Project Inspector work together to accomplish the work in a a safe and expeditious manner during the project.

Safety is a major concern during the project and the Contractor is responsible for the safe prosecution of the project. The COR and project inspector will work directly with the Contractor and crew to delinate project tasks and direct work. The Contractor will take the direction and tasks required by the COR and accomplish the work in a safe manner in accordance with all State and Federal OSHA requirements.

Areas of weak ground may be crossed on this project. When areas of softground are encountered they will be reported immediately to the COR for determination of required action. The contractor will corduroy any soft areas along the access road. Any work required to firm these areas up will be part of the equipment rental work with the exception of borrow materials used under the embankment pay item.

Depending on subsurface conditions encountered and the quality of subsurface materials, design changes may be made by the COR in the field. These changes will only adjust grades and locations of channel dimensions or structures and will be covered under the equipmental rental pay items.

H.8 EROSION SEDIMENT CONTROL

All work is being performed adjacent to fish streams and erosion sediment controls are paramount. The Contractor is responsible for implementing temporary erosion sediment controls in accordance with current best management practices and at direction of the COR.

Before construction the Contractor will place temporary erosion sediment controls (silt curtians and silt fence) as directed by the COR. Additional measures may be required during construction if methods do not mitigate sedimentation or erosion . Remove all erosion sediment controls once the construction site has been stabilized as directed by the COR.

Stockpile any native topsoil and vegetation mats excavated within the project limits away from the stream banks and reuse to cover disturbed stream banks and other areas as directed by the COR. .

All Erosion Control Measures are accomplished under erosion control pay items.

Silt fence materials will include:

1) 3‘ tall x600ft long silt fence w/ 4ft stakes. Materials should come in 100ft sections

H. 9 OIL SPILL PREVENTION

The Contractor will be working in and around a fish stream and extreme care and diligence by the Contractor‘s employees must be taken to prevent spills or leaks of oil and any toxic fluids (hydraulic oil, grease, gas,etc). Before operations begin, the Contractor will hang a 8‖ oil boom that spans the channel from bank to bank at waterline (~40ft each) downstream of the silt cutians.

Besides the Sorbent pads required on each pieces of equipment listed in H.14 J. The contractor will supply

1) 100ft of 8‖ floating oil boom

2) 10 – 30 gallon heavy duty garbage bags for sorbent pad disposal

3) 200ft of 1/2‖ diamenter poly rope

4) 100 – 18‖ x 18‖ sorbent pads

These materials will be kept dry and stockpile at strategic locations designated on the ground by the COR

H. 10 MAINTENANCE FOR TRAFFIC

Other traffic (mining, tourist, and local) will occur in the vicinity of the Pigeon River project, the Contractor is reponsible for coordinating traffic control and road work notifications with the general public and others Contractors to minimize access and safety conflicts.

Unless otherwise SHOWN ON THE DRAWINGS or described in the SPECIAL PROJECT SPECIFICATIONS, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will adequately accommodate traffic.

Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a plan for the satisfactory handling of traffic has been approved. Specific requirements for temporary closures, detours, part-width construction, and access to adjacent or intersecting facilities will be SHOWN ON THE DRAWINGS or described in the SPECIAL PROJECT SPECIFICATIONS or H CLAUSES.

The Contractor shall ensure all signage and traffic requirements will be in accordance with M.U.T.C.D. Do not proceed with work on the project until all required signs are in place and approved. Signage will be a minimum of orange and black reflective construction warning signs, and traffic cones. The signs will be kept in place at all times and shall be moved or removed as necessary as work progresses.

Before shutting down any operations, take all necessary precautions to prevent damage to the project and maintain public safety. The contractor will block access roads at the end of each day to prevent access by the general public by parking heavy equipment at the access points.

Leave all other travelways in a condition suitable for traffic.

The Government may permit use of portions of the project during periods when operations have shut down. All maintenance attributable to permitted use during periods of work suspension will be provided by the Government, except for maintenance needed through the fault or negligence of the Contractor. The Contractor shall be responsible for any maintenance not attributable to use, or that is necessary during suspensions through the fault or negligence of the Contractor.

Submit a written traffic control plan 14 days in advance of equipment rental for approval by the C.O. The plan shall show at a minimum: a sign plan showing types and location of construction signs, a narrative of any additional traffic control items necessary for safe operations. Work shall not proceed until the Contractor is notified by the CO or their designee (COR) that the plan is approved. The Contractor is advised safety is a prime concern for all traffic coming in and out of the construction site and all equipment work adjacent to Marx Creek.

The Contractor will post notices heavy equipment traffic or work under this contract and local newspaper.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations SHOWN ON THE DRAWINGS, designated in the Road Order, or described in the SPECIAL PROJECT SPECIFICATIONS, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

H. 11 EQUIPMENT OPERATION AND SKILL

Operators shall have sufficient skill and experience to properly perform the work assigned to them. Any operator who, in the opinion of the Contracting Officer, does not perform the work in a proper, safe and skillful manner, will be removed and replaced within 24 hours by the

Contractor upon written request of the Contracting Officer.

H. 12 EQUIPMENT REQUIREMENTS

A. Excavators, loader, bulldozers, and other agreeded upon equipment shall be furnished on a fully-operated basis and in good operating condition with an operator.

B. All excavator furnished will be manufactured in 1998 or later.

C. Large Excavators shall be a crawler-mounted hydraulic excavator, which meets the following range of specifications. (330 CAT Backhoe or equivalent):

a. Minimum bucket capacity of (1.5) cubic yards, with digging teeth and hydraulic thumb.

b. Minimum operating weight -75,000 lbs.

c. Minimum arm (stick) length of 12 feet.

d. Provide minimum of 6 timber mats capable of supporting backhoe to allow operations on soft soil.

D. The dump trucks shall meet the following requirements:

a. Hauling capacity of 12 to 14 cubic yards

b. Highway legal

c. Have a functioning tailgate

E. The bulldozers shall meet the following minimum specifications. (D6 CAT dozer or equivalent)

a. Minimum operating weight: > 32,250 GVW

F. Loader (930H CAT loader or equivalent) shall be wheeled meeting the following minimum specifications:

a. Minimum bucket capacity of (3.75) cubic yards

b. Wheel mounted.

d. Minimum operating weight 28,000 lbs

G. Laborer

a. Have a cutoff (line) saw for cable and rebar cutting with extra abrasive blades

b. Have hard hats and safety equipment.

c. Have miscellaneous tools for construction such as adjustable ladders, 8 to 12 lb sledge hammers, pointed long handle shovel, steel rake, and tools for cutoff saw repair.

H. All maintenance work and fueling of equipment shall be done in an area approved by the COR where no damage to the streams will occur. All preventative maintenance, lubrication and fueling of equipment will be done outside of work hours. Approved oil absorbent pads will be placed under all equipment and vehicles being serviced or fueled. See contractor sheets for designated equipment storage and fueling area.

I. If the Contractor maintains storage facilities for oil or oil products on project area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters. The Contractor shall not store more than 500 gallons of oil or oil products on site. Dispensing of oil or oil products shall only be done within a designated area. Fuel nozzles shall not be left unattended. All hoses shall be rewound immediately upon completion of use. All fuel and oil storage will be in accordance with all State and Federal regulations

J. Pollutants such as fuels, lubricants, bitumens, sewage and other harmful material shall be controlled at the site and shall not be released into the environment. Wash water or waste waters from construction activities shall not be allowed to enter any stream or other waters. All contaminated soil, vegetation or debris resulting from the Contractor's operation shall be immediately contained and within 24 hours shall be removed from the National Forest at the Contractor's expense. Contractor shall furnish sorbent pads and loose sorbent material as follows: for each fuel or service vehicle, maintain in the vehicle a minimum of 100 sorbent pads. For all other equipment, maintain in the vehicle a minimum of 25 sorbent pads. Sorbent pads shall be heavy weight, minimum size 18‖ x 18‖ or as approved by the COR/Contracting Officer. All Federal, State, County, and Local regulation are to be followed.

K. Contractor shall provide adequate two-way communication facilities to report an accidental spill. The following persons shall be notified of any spill within 20 minutes of detection:

Contracting Officer Representative (COR) Craig Taylor - (218) 335-8682 office or Todd Tisler –

(218) 335-8629

L. Prior to the start of construction, the Contractor shall submit to the CO/COR, the names and telephone numbers of persons responsible for emergency response. If such persons cannot be reached in an emergency, the Forest Service shall take action to alleviate the emergency at the Contractor's expense.

M. The Contractor shall remove all job related trash and refuse from the site. Material to be removed includes, but is not limited to, used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be disposed of off of the National Forest and in accordance with Federal, State and local regulations.

N. All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements, or is determined to be in any way unsafe or non-functional, shall be rejected.

O. If equipment is rejected or becomes inoperative, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 48 hours. If the Contractor is unable to repair or replace the equipment within 48 hours, equipment may be released. Payment for move-out will not be allowed for the rejected piece of equipment. All repairs to equipment under this agreement shall be made and paid for by the Contractor. Repairs shall be made promptly and equipment returned to use within 48 hours unless otherwise agreed. In lieu of repairing equipment, Contractor may furnish similar replacement equipment within the time specified.

P. The Government shall not be liable for loss, damage, or destruction of equipment furnished under hourly rental except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause shall be submitted to the Contracting Officer.

Q. Fuel, oil, and other operating supplies will be furnished by the Contractor. The Government is not responsible for time spent for fueling and maintenance activities.

R. Equipment will be pre-inspected by the CO prior to the initial mobilization to the job. The CO will approve in writing equipment acceptability and any deficiencies before use on the job.

S. Every effort will be made to utilize equipment and work hours efficiently. Construction progress is dictated by operator efficiency, weather conditions, ground conditions, and the timing of required tasks that must be accomplished before the next construction phase can begin. It will be understood that there will be a certain amount of down time for various pieces of equipment depending on the efficiency of the Contractors operators. At the beginning of the job the Contractor and COR will develop a proposed work plan for the required equipment.

This will be reassessed at the end of each week to determine the approximate hours and days a piece of equipment or laborer is required on the job. The Contractor will be flexible in work hours depending on weather conditions and the stage of construction. It may be necessary to work long hours if inclement weather threatens certain phases of construction.

T. All equipment will be power spray washed to remove petroleum residue, dirt and noxious weed seeds prior to entering the project area. All leaking hoses or fittings will be repaired or diapered to prevent fuel, oil or other fluids leaking on the ground or in the water. All Contractors will have petroleum absorbent pads on site at all times during the construction period. Equipment fueling areas will be designated by the Contracting Officers Representative (COR) and will be accomplished approximately 150‘ from the normal high water mark on the Pigeon River.

U. All equipment hours are expected to be utilized on the contract. The Contractor will schedule with the Contractor daily the equipment to be used the following day. Not every piece of equipment may be required each day or for the entire day. The Equipment hours are all anticipated to be used during the construction of the project. Occasionally the number of hours planned for a piece of equipment may not be fully utilized. Additional time may be required for another piece of equipment. In this case equipment time either will be deleted or be transferred from one piece of equipment to another. If rental time is transferred to another piece of equipment the unit rate for the piece of equipment utilized will apply.

H.13 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.

H.14 PROJECT TIMING

Project timing is mainly controlled by weather (predicted seasonal rainfall and water levels).

Delievery of rock and clearing of rock staging may begin 7/26/10 and all other construction activities can start immediately after all staging areas are cleared. All work will be completed no later than 9/1/2010.

H.15 CONSTRUCTION STAKES, LINES, AND GRADES

The Government will mark the limits of clearing, designated stocpile and equipment storage areas, and preform all construction staking for the project.

H.16 LOCAL MATERIAL SOURCES

Designated rock sources for this project are:

a) No sources are available on the National Forest. The Contractor will purchase the required from local commercial operation

H.17 DEWATERING.

Contractor shall comply with the following requirements for dewatering:

(a) Contractor will supply 2 trash pumps with associated outflow and inflow hoses and screened foot valves . One pump will be a 4‖ trash pump capable of handling up to 1 CFS (~449 GPM) of flow with 300 feet of lay flat hose. The other pump will be a 3‖ trash pump cable of handling up to up to 0.7 CFS (319 GPM)

For all pumps the inflow hose with the screened footvalves should be as long as possible to allow for convient pump location on top of the banks of the channel or dam. Pumps will be on site during construction activities. Installation and removal of pumps and hose are by equipment rental and laborer. Pumps will be installed as directed in the field by the CO or their designee.

H.18 Haul.

Haul for Calcium Bentonite ( 15724), removal of borrow and outlet control materials disposal (20304), and Pit run materials (30140) are considered incidental to it‘s pay item

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

(Applicable if contract exceeds $30,000) 52-219-6 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments)(APR 2003) 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) 52.222-9 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) http://www.usda.gov/procurement/policy/agar.html

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004)

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 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) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments)(APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts.

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 (JUL 2002) 52.233-2 Service of Protest (SEP 2006) 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.

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) 52.236-15 Schedules for Construction Contracts 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction 52.236-26 Preconstruction Conference 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) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 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) (Applicable if contract is over $30,000) 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)

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

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.

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…