AG-64R4-S-16-0009_North_Fork.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-64R4-S-16-0009

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/08/2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 64R4 8. ADDRESS OFFER TO

Mark Twain National Forest Service Attn: Brittany Rohrer 401 Fairgrounds Road Rolla, MO 65401

9. FOR INFORMATION

CALL:

A. NAME

Brittany Rohrer

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 573-341-7470

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Price Range

The Government's estimate is between $500,000 and $1,000,000.

Bid Guarantee: A bid guarantee in the amount of 20% of the total bid price is required. A copy of Standard Form (SF) 24, Bid Bond, can be downloaded from the following website:

http://www.gsa.gov/portal/forms/download/115982

Faxed copies of Bids, Bid Guarantees or Bonds are not acceptable.

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 12PM CST local time 07 July 2016. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) http://www.gsa.gov/portal/forms/download/115982

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)(5)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

AG-64R4-S-16-0009

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

North Fork Access Project

B- 1 - SCHEDULE OF ITEMS BASE BID ITEMS (include all costs)

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

Mobilization, also Includes:

- 152 – Construction Survey & Staking Class C.

- 154 – Contractor testing

- 155 – Schedule for construction

- 157 – Soil Erosion & Pollution

- 171 – Weed Prevention

- Bond Payment

- Incidentals not applicable to other areas.

Lump Sum

Clearing and Grubbing , also Includes

- 203 – Removal of Structures & Obstructions

- Cost to harvest and stockpile the trees/logs located within the North Fork recreation area for the logjam structures

Excavation and Embankment

204-1 Rock Wall (see plans for rock size and section

705.04 for material requirements).

207 Earthwork Geotextile (Includes all geotextile work)

Riprap (all sizes), also includes:

- Slab Rock

- Slab Rock Steps

- Class 4 Channels Rock

Provide and Place MoDOT Aggregate Base Type 5

301-1 Provide and place MoDOT Aggregate Base Grade 4, Gradation A (drainage aggregate)

Asphalt cement, MoDOT grade BP-1, Also includes:

- 634 – Pavement markings Type A

- 609.08 – Wheel Stops (24 new and reuse 28 existing)

- 619.05 – Removable Bollards

- 635 – Temporary Traffic Control

584A

Harvest Off-Site Trees

- Cost to harvest, haul and stockpile logs/trees taken from offsite location (site approx. 20 miles away)

- Backfill depressions or holes left by rootwad trees taken from the offsite location

Concrete, Method A (all concrete work) , also Includes:

- 414 – Saw Cutting and Joint sealing

- 554 – Reinforcing Steel

- 554 – Epoxy coated reinforcing steel

(boat ramp planks only)

601-1

Concrete Articulated Mat

CMP culverts with end sections (Size and type indicated on the drawings. For culvert end sections, see section 602.03 of the special project specifications) lump Sum

Gates (2 new gates)

- Includes reflective markings and object markers

Furnishing and placing topsoil, 4 inch depth, also includes:

- 625 – Turf Establishment

Sign system (Location, number and type are shown on the drawings)

(Continued)

Please reference the following clauses applicable to Labor Hour line items when filling out the pricing for line items 584B & 584C

FAR 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non Commercial Item Acquisition with Adequate Price Competition (Feb 2007)

FAR 52.232-7 Payments under Time-and-Materials/Labor-Hour Contracts (Aug 2012)

AGAR 452.216-74 Ceiling Price (Feb 1998)

***All other costs associated with these CLINS should be included in CLIN 151 – no additional payments shall be made.***

QTY.

584B

Log Structures – Excavator 300 Class

Labor Hour

584C

Log Structures – Excavator 120 or 200 Class

Labor Hour

TOTAL BASE BID AMOUNT

B-2 OPTIONAL BID ITEM as an Additive/Deduct to the base bid amount above

QTY

Option 01

Replace the asphalt pavement section shown in the plans for roads and new parking area with the following:

- 4” MoDOT BP-1, placed in 2 lifts

- Tack Coat (SS-1)

- 6” MoDOT Type 5 Base course

All other aspects of the drawings and specifications shall remain unchanged.

This Option Item includes the following parts of bid item 403:

• 634 – Pavement markings Type A;

• 609.08 – Wheel Stops (24 new and reuse 28 existing);

• 619.05 – Removable Bollards;

• 635 – Temporary Traffic Control; and

• requirements listed under Description (column to the left)

For Option 01 only, indicate the total price difference between the cost of Option 01 and the costs of the pavement section shown in the plans (reflected in bid item 403).

• If Option 01 is more expensive than bid item 403, show a positive number (+).

• If Option 01 is less expensive than bid item 403, show a negative number (-).

Option 02

Rock Barrier. Provide, haul and place 28 large Rocks to be used as barriers at the locations shown on the plans

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:

B-3 - NOTES:

1. This is a lump sum contract (except for the Log Jam Structures). The contractor is responsible for including all costs into the most appropriate line item in the bid schedule. The Government has listed under several of the line items in the bid schedule some of the major related work that should be grouped with that line item. This is not an all-inclusive listing and the contractor shall include all other associated costs related to a particular line item. These related costs shall be identified in the contractor’s detail cost proposal. No additional payment will be made for any costs not included in the bid schedule.

In addition to completing the Bid schedule, the contractor shall provide a detail price breakdown with their cost proposal for each line item in the bid schedule. The break down shall include markups, profit, materials, and labor and subcontract costs.

2. This is a construction project which requires Performance and Payment Bonds IAW FAR 52.228-15. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

3. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

5. Contractor must be registered in www.sam.gov in order to submit an offer on this project. THIS IS A FREE REGISTRATION. Annual renewal is also FREE.

6. There is a pre-bid meeting at the site on 22 June 2016 at 11 am CST.

7. Award will be made to one contractor. You must submit pricing for all items, including any option items to be considered.

http://www.sam.gov/

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

IAW AGAR 452.211-72 Statement of Work/Specifications (FEB 1988), the Specifications/Scope are attached as noted in Section J. 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.

IAW 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.

FP-03 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects

The FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 are part of this solicitation and any resultant contract.

Copies of the FHWA Standard Specifications for Construction of Roads and Bridges are available from:

Government Book Store 915 Second Avenue Seattle, WA 98714 Phone: 206.553.4270 Fax: 206.553.6717 Or online at: http://bookstore.gpo.gov/

SPECIAL NOTE: The specification contained in this contract is a list of major special project specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) or contained in the 2003 FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP 03 are also fully applicable to the solicitation and any resultant contract.

SPECIFICATIONS AND SPECIAL PROJECT SPECIFICATIONS LIST

SPECIAL NOTE: The above is a list of major specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

101 - Terms, Format, and Definitions 102 - Bid, Award, and Execution of Contract 103 - Scope of Work 104 - Control of Work 105 - Control of Material 106 - Acceptance of Work 107 - Legal Relations and Responsibility to the Public 109 - Measurement and Payment 151 - Mobilization 152 - Construction Survey and Staking 153 - Contractor Quality Control 155 - Schedules for Construction Contracts http://bookstore.gpo.gov/

156 - Public Traffic 157 - Soil Erosion Control 171 - Weed and Disease Prevention 201 - Clearing and Grubbing 203 - Removal of Structures and Obstructions 204 - Excavation and Embankment 208 - Structure Excavation and Backfill for Selected Major Structures 208A - Structure Excavation and Backfill for Selected Minor Structures 251 - Riprap 551 - Driven Piles 552 - Structural Concrete 553 - Prestressed Concrete 553A – Precast Concrete Structures 554 - Reinforcing Steel 571 - Prefabricated Bridges 601 - Minor Concrete 635 – Temporary Traffic Control 648 - Stream Simulation 701 - Cement 703 - Aggregate 705 - Rock 709 - Reinforcing Steel and Wire Rope 712 - Joint Material 714 - Geotextile and Geocomposite Drain Material 715 - Piling 717 - Structural Metal 725 - Miscellaneous Material

Green Products

The contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased, recycled content, energy star, and environmentally preferable products.

The Contractor shall utilize products and material made from biobased materials to the maxiumum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting officer Representative (COR).

Reference Sections L & M for a list of product categories that may be required for performance of this construction project, and instruction on how usage of “Green Products” will be evaluated.

SECTION D--PACKAGING AND MARKING

[No clauses in this Section]

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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 the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at a site to be determined.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award. 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.

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. 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 for a contract claim.

INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

Special Instructions – When invoicing against the Labor Hour line items, invoice must include a spreadsheet which clearly documents the time billed for. This spreadsheet will be compared to the logs kept by the Government Inspectors and timekeepers.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 ORDER OF PRECEDENCE

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

a. Special Project Specifications (Latest date highest precedence)

i. Mark Twain National Forest (MTNF) or National Forest Service special Project

Specifications

b. Standard Specifications / FP-03

(6) Drawings

a. Drawings, figured dimensions over scaled dimensions

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

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

d. 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 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

H.3 PERMITS

The Forest Service is responsible for obtaining all permits associated with instream construction activities (COE, State of Missouri). The contractor is required to obtain all necessary permits for transportation of heavy equipment on and across State of Missouri roads. The Contractor is responsible for obtaining any required permits for other project operations (fueling, oil/diesel storage, traffic control, etc) from the State of Misouri and local county or municipal authorities.

The Contractor will provide a copy of the transport or other permits to the CO before mobilizing equipment, heavy haul, and construction begins for those vehicles or operations that require permits.

H.4 LANDSCAPE PRESERVATION

(a) Confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. 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 ponds 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. Do not allow wash water or waste water from concrete or aggregate operations 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.

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 discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without approval of the Contracting Officer or their representative.

(c) CREEK CROSSINGS: Schedule and conduct instream work to minimize disturbance to streams.

1. Power spray wash and clean all equipment before entering within the highwater mark of any stream. Ensure washing is conducted at the Contractors facilities or in a rock pit away from any live streams

2. Do not cross live streams without Contracting Officer or their designee’s approval.

3. In stream work windows are summarized in the below table:

Work Window Dates Species Work Sites

01 July – 30 September

All

North Fork of White River

H.5 USE OF PREMISES

Care and respect will be given during operations of the project to minimize disturbance and environmental damage to the private and public property.

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

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

2. 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.

(b) Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan.

1. The Contractor is required to follow Best Management Practices during all equipment operations and fueling.

2. The Contractor is responsible for all oil or fuel spill clean up in accordance with State and Federal law.

(c) Contractor may camp on site at North Fork Recreation Area with prior notification and aproval from the Contracting Officer and District Ranger – contact information provided at award.

Contractor will not be charged for camp sites and will be designated specific campsites to use – no utlities are provided.

H.6 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 work sites, quarries, stockpile sites, waste areas, equipment unloading ramps, and other approved work areas.

Contractor shall repair any road damange cuased by the Contractor’s operations.

H.7 1-800-DIG-RITE

Utilities exist within the work area before any excavation or ground moving activities occurs the contractor will call 1-800-DIG-RITE for utility locations.

H.8 CONSTRUCTION STAKES, LINES, AND GRADES

The Government will mark the limits of borrow sources and designated trees for harvesting.

H.9 LOCAL MATERIAL SOURCES AND QUANTITIES

Designated for this project are:

a) Rock sources – There are no available borrow sources on the project site. All aggregate and riprap materials will be obtained from a commercial source.

b) Reference the Specifications related to Logjam Structures for information regarding trees to be obtained on-site and trees to be hauled in.

H.10 EROSION SEDIMENT CONTROL

All work is being performed adjacent to sensitive 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 CO or their representative.

Before construction the Contractor will place temporary erosion sediment controls as approved by the CO. 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.

All erosion control measures (materials, equipment, and labor) are incidental to pay item 15713 soil erosion & pollution control materials. The Contractor will submit an erosion control plan to the CO for approval within 10 days of contract award.

H.11 MAINTENANCE FOR TRAFFIC

Before shutting down any operations, take all necessary precautions to prevent damage to the project, by blocking the access road. Leave all public roads and driveways in a condition suitable for traffic. Do not block private driveways or roads. Post notices of closure dates in the local newspaper and post office.

Unless otherwise SHOWN ON THE DRAWINGS or described in the SPECIAL PROJECT SPECIFICATIONS or herein, 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.

H.12 OIL SPILL PREVENTION AND POLLUTION CONTROL

The Contractor will be working in and around sensitive 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 downstream of work site.

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 and Private Property 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 and 100 pounds of particulate sorbent material.

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.

Besides the Sorbent pads required on each pieces of equipment. The contractor will supply:

1) 200ft of 8” floating oil boom

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

3) 600ft of 1/2” diamenter poly rope

4) 100 – 18” x 18” sorbent pads

5) 2 - Waterproof tarps - 16ft x 20ft

These materials will be kept dry and stockpiled at strategic locations designated on the ground by the COR. Materials will be contained in waterproof containers so work can proceed at 2 or more locations with spill contaiment materials at the ready. The installation of oil booms and all work on equipment to control leaks is incidental to pay item 15713.

H.13 DEWATERING

The contractor will supply the equipment, materials, and labor to dewater and control sediment and turbidity on the North Fork River Access Project. The contractor will provide a dewatering and isolation plan to the CO for approval if dewatering is desired. All pumps and materials used on the project will be in new or good condition. All work constructing and laying out dewatering facilities, all fuel, oil and repairs of pumps are incidental to 20820. All Pumps requires certification by manufacturers to their specification and capacities. Submit the certification to the CO 14 days in advance of their installation.

H.14 Disposal of Excess Materials

Any excess materials developed during structure removal, roadway removal, or stream regrading operations will be diposed of off the Mark Twain National Forest in accordance with all Municipal, State, and Federal regulations.

H.15 SAFETY AND HEALTH

1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of

Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the

Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1.2 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

PART 2 - PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

H.16 EQUIPMENT & OPERATOR REQUIREMENTS

A. Excavators, skidders, loader, and other agreed upon equipment shall be furnished on a fully-operated basis, and in good operating condition with an operator. 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 from the job site. Contractor may not accrue Labor Hours on that equipment until a new operator – approved by the Contracting Officer – is provided.

B. All excavator furnished will be manufactured in 2006 or later.

C. Small excavator shall be a crawler-mounted hydraulic excavator which meets the following minimum specifications. (120 Hitachi Backhoe or equivalent)

a. Minimum bucket capacity of (0.60) cubic yards, with digging teeth and hydraulic thumb.

b. Crawler-mounted: Track width, 20-inch minimum.

c. Minimum operating weight of 24,700 lbs - 26,700 lbs

d. Minimum backhoe reach of 25 feet (horizontal).

e. Have a working set of log tongs on boom chain capable of handling logs from 16” to 30” diameter logs.

f. Have long and short chokers capable of handling logs 16” to 48” in diameter and 60ft in length.

D. Large Excavators and excavators in logging configuration shall be a crawler-mounted hydraulic excavator, which meets the following minimum specifications. (300 Hitachi Backhoe or equivalent for the large hoes):

a. Minimum bucket capacity of (1.75) cubic yards, with digging teeth and hydraulic thumb. Or log loader configuration depending on pay item.

b. Crawler-mounted: Track width, 24-inch minimum.

c. Minimum operating weight of 75,000 lbs.

d. Minimum backhoe reach of 35 feet (horizontal).

e. Have a working set of log tongs on boom chain capable of handling logs from 16” to 30” diameter logs.

f. Have long and short chokers capable of handling logs 16” to 48” in diameter and 60ft in length.

g. Additional Equipment required for equipment rental work:

a. Have chainsaws in working order for each laborer on site

b. Have a minimum of 2 backup saws in case of breakdown

c. Have miscellaneous tools for construction such as adjustable ladders, 2 lb & 5 lb hammers, 8 to 12 lb sledge hammers, wedges, falling ax, pointed long handle shovel, steel rake, saw and bastard files and tools for saw repair.

d. This list of additional equipment is considered incidental to Pay Item 584 B&C and will not be measured separately for payment

J. 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.

K. 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. Equipment fueling areas will be designated by the Contracting Officers Representative (COR) and will be accomplished approximately 150’ from the normal high water mark of the nearest active channel

L. 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 and 100 pounds of particulate sorbent material. 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.

M. 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) : To Be Determined at Award

N. 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.

O. 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.

P. 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.

Q. 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.

R. 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.

S. 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.

T. 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.

U. All 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.

V. 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 or workers 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 daily and 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 or thru several weekends due to short instream work windows.

W. All equipment will be power spray washed to remove petroleum residue, dirt and noxious weed seeds prior to entering the project area.

X. All equipment hours are expected to be utilized on the contract. 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.

SECTION I--CONTRACT CLAUSES

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):

http://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 System for Award Management (JUL 2013) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2015) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-14 Service Contract Reporting Requirements (JAN 2014) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-28 Post Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirement (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) http://www.acquisition.gov/far/

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) 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 Veterans (JUL 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2011) 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 (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) Alt 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (MAR 2015) 52.246-21 Warranty of Construction (MAR 1994)

Note – The Log Jam structures are exempt from FAR 52.246-21. The Government acknowledges that by providing a Government expert to provide direction, the Warranty of Construction is waived for the Log Jam structures UNLESS it can be demonstrated that contractor negligence was the issue.

52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

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)

Please reference the following 3 clauses applicable to Labor Hour line items when filling out the pricing for line items 584B & 584C

FAR 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item Acquisition with Adequate Price Competition (Feb 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror…