AG67T0S140043-LakeDredgingfinalv1.docx

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-67T0-S-14-0043

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

7/1/2014

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

Various

6. PROJECT NO.

USDA FOREST SERVICE

R2, AQM NT-RMAST

1019 N FIFTH ST

CUSTER SD 57730-8214

(605) 673-9200

ATTN: BRENDA ANDERSON

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

(605) 673-9323

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):

Sediment removal:

· Site One: Remove an estimated 20,000 C.Y. with an option of an additional 5,000 CY of sediment from Bismarck Lake and hauling sediment to nearby disposal sites to be reshaped at a later date. The lake will be drained in late fall of 2014 with work scheduled to start as soon as ground freezes allowing equipment to operate in the lake basin.

· Site Two: Remove an estimated 15,000 C.Y. with an option of an additional 5,000 CY of sediment from Lakota Lake while diverting water through the lake during construction, and hauling sediment to nearby disposal sites to be reshaped at a later date. The lake will be drained in late fall of 2014 with work scheduled to start as soon as ground freezes allowing equipment to operate in the lake basin.

Bonding will be required for the full amount of this project. The anticipated value of the projects will be between $350,000.00 and $700,000.00.

11. The Contractor shall begin performance within 10 calendar days and complete it within 150 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| negotiable.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. You must be actively registered in the System for Award Management (SAM.gov) – this is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award. Refer to Section L for instructions on preparing your proposal and pricing.

B.2 ESTIMATED QUANTITY

Notes:

1. Unit prices prevail.

2. Unit Definitions:

· AQ – Actual Quantity

· CY – Cubic Yard

· DQ – Design Quantity

· EA- Each

· FT – Foot

· LB - Pound

· LF – Linear Foot

· LSQ, LS – Lump Sum Quantity

· SY – Square Yard

· TN – Net Ton (2000 LB) Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

B.3 Breakdown of Schedule of Items The Government may award this contract as two individual contracts or one combined contract. Please bid on each project individually and the combined project if capable of performing as one contract. The government will accept alternative methods for sediment removal as long as the quantity of sediment removal is achieved. You must state on your proposal if you are substituting methodologies.

Schedule of Items – Combined project

Bismarck Lake Sediment Removal

Lakota Lake Sediment Removal

Unit Price prevails to determine overall price. Round to nearest cent.

Schedule of Items – Individual projects

Bismarck Lake Sediment Removal

Total

Lakota Lake Sediment Removal

Unit Price prevails to determine overall price. Round to nearest cent.

The Government may award one contract for both projects or two individual contracts, which ever is in the best interest of the Government. Contract time will run concurrently for either method to meet seasonal needs.

SECTION C - PERFORMANCE STATEMENT OF WORK (PWS)

C.1 Scope of Contract The Black Hills National Forest has two additional lakes identified for sediment removal contract opportunities to remove sediment from the following sites:

· Site One: Work at this site shall consist of diverting water through Bismarck Lake during construction period, removing an estimated 20,000 C.Y. with an option of an additional 5,000 CY of sediment from Bismarck Lake and hauling sediment to nearby disposal sites to be reshaped at a later date. The lake will be drained in late fall of 2014 with work scheduled to start as soon as ground freezes allowing equipment to operate in the lake basin.

· Site Two: Work at this site shall consist of diverting water through Lakota Lake during construction period, placing riprap in one locations, removing an estimated 15,000 C.Y. with an option of an additional 5,000 CY of sediment from Lakota Lake, and hauling sediment to nearby disposal sites to be reshaped at a later date. The lake will be drained in late fall of 2014 with work scheduled to start as soon as ground freezes allowing equipment to operate in the lake basin.

C.2 Project Locations Bismarck Lake Sediment removal – T3S, R5E, S22, located along Highway 16A four miles east of Custer SD.

Lakota Lake Sediment Removal – T2S, R6E, S27, located along Highway 16A eight miles north of Highway 36 near Hermosa SD.

C.3 Contract Definitions.

C.3.1 Biobased Products: A product determined by the Secretary of Agriculture(USDA) to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials. Information on biobased/biopreferred products can be found at http://www.usda.gov/biopreferred. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

C.3.2 Contract time. See Period of Performance.

C.3.3 Contracting Officer (CO). Individual with authority to bind the government with their signature on the contract.

C.3.4 Contracting Officer Representative (COR).Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

C.3.5 Inspector. Individual(s) designated by the COR to represent him/her in securing compliance of contract requirements.

C.3.6 Period of performance (also Performance period or Contract time). All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

C.3.7 Quality Assurance. Those actions taken by the government to check goods or services to determine that they meet the requirements of the SOW.

C.3.8 (Acceptable) Service. A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

C.3.9 Standard. An acknowledged measure of comparison.

C.3.2 Technical Definitions. See appropriate Sections 00100 1.03 & 1.04.

C-4 Government-Furnished Property Location for borrow material and rocks will be identified at disposal sites, additional sites may be identified if available.

C.5 Contractor Furnished Property and Services The Contractor is to furnish all necessary labor, supervision, transportation, equipment, materials, supplies, incidentals necessary to perform work as specified under this contract.

The concrete shall be commercial mix 2500 psi minimum.

C.6 Sustainable Products The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum 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.

C.6.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

· Competitively within a time frame providing for compliance with the contract performance schedule;

· Meeting contract performance requirements; or

· At a reasonable price.

· Information about this requirement and these products is available at http://sftool.gov/green-products/1/construction-materials C.6.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml C.6.3 Sustainable products identified for this solicitation:

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

C.6.3.1 Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

C.6.3.2 Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

C.6.3.3 Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

C.6.3.4 Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

C.6.3.5 Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

C.6.3.6 Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content C.6.3.7 Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

C-7 Standard Specifications C.7.1 "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects", (FP-03, U.S. Customary Unit), are available from the SUPERINTENDENT OF DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, P.O. BOX 371954, PITTSBURGH, PA 15250-7954. The stock number to order is SN001-001-00660-2. Call (202) 512-1800 for the current price and to place telephone orders. You can FAX orders to (202) 512-2250. Credit card orders will be accepted.

Electronic versions of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects" FP-03, U.S. Customary Unit, are available on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm C.8.1 Addendums to standard specifications C.8.1 “Sign Installation Guide” , USDA Forest Service, Technology & Development Program, 7100-Engineering, March 2010, 7071-2812-MTDC. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

See Section J

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

E-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E-2. AGAR 452.246-70 - Inspection and Acceptance (FEB 1988)

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

(b) Inspection and acceptance will be performed at the project site.

(End of Clause) E-3. Inspection and Testing Performed By Government The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 . Suspensions for Other Than Government’s Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

F-2. 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): https://acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F.3 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 150 calendar days. The time stated for completion shall include final cleanup of the premises.

F.4 SCHEDULES FOR CONTRACTS

If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 PAYMENT

Payment will be made for identified line items meeting contract specifications. Progress payment may be authorized by the Contracting Officer.

G.1.1 Construction work under this contract incorporates the Davis Bacon Wage Rates for Construction task orders. Weekly payrolls are mandatory and must be turned into the Contracting Officer Representative for review and approval. Construction task order invoices will not be processed until acceptable payrolls have been received.

A signed payment certification must accompany your invoice for payment to be authorized. See Attachment 1 in Section J.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed. All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

If you have questions, contact your Contracting Officer.

G.1.2 Final payment Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

A Contract release shall be submitted with the final invoice.

G.2 UNACCEPTABLE WORK.

G.2.1 When the Contractor provides unacceptable work, the Government may:

(i) Accept the work at a reduced price.

(ii) Require the area to be reworked at no additional expense to the Government, or

(iii) Reject the work in its entirety. If the work quality is unacceptable, the Contractor’s right to proceed is subject to termination for default clause.

G.2.2 The Government will permit the Contractor to rework an area only if the existing deficiencies can be corrected.

G.2.3 Any Government quality assurance assessment needed due to the Contractor reworking an area, either at the Contractor's request or because of unacceptable work, will be at the Contractor's expense. The Contractor may be assessed actual damages that are incurred while administering the contract during the rework.

G.2.5. The Government shall document unacceptable work quality in the performance assessment.

G.3 DAMAGES

The charge Government-furnished property that is not returned, or returned in a non-usable condition, is as listed in Section C.4.

The table below lists charge rates for Government re-inspection of work.

*Mileage reimbursement rate in effect January 1, 2014 is $.56 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website http://www.gsa.gov/portal/category/104715.

G.4 DESIGNATION OF GOVERNMENT REPRESENTATIVE

G.4.1 The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract 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.

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

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 of a contract claim.

The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

G.4.2 The COR may delegate duties for inspection and contract compliance to a qualified government inspector. The Inspector is responsible for checking the Contractor's compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work. The delegation must be in writing and provided to the contractor at the prework meeting(s) or upon re-designation in writing of another qualified government employee.

G.5 CONTRACTOR’S REPRESENTATIVES

At all times during performance of this contract and until work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite competent representatives who are satisfactory to the CO and has authority to act for the Contractor.

All work will be performed in an organized and systematic manner.

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a contract representatives (1) conversant in the English language and (2) able to read and understand the contract.

G-6 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. Subcontractor documentation will be submitted on a completed SF-1142 for construction.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions required on the SF-1413.

G-7 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

SECTION H – SPECIAL CONTRACT REQUIRMENTS

H.1 Emergency Control - Fire Plan In the Black Hills area, Local, State and Federal agencies have combined fire restriction information on one website at: www.blackhillsfirerestrictions.com.

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention – The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

H-2 Special Blasting Techniques (NOTE: Use for projects requiring rock crushing where more than 5% of material in designated source is expected to exceed 24" least dimension when blasted).

Government observations and appraisal indicate that the materials in the designated source require specialized blasting techniques in order to reduce the material to a size commensurate with the jaw limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

H.3 Safety Plan

a. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

b. The Safety Plan should be available to all employees and subcontractors working on the contract.

c. The Safety Plan should cover at a minimum:

i. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract. The Contractor shall identify the specific conditions that the contractor considers a hazard. The Contractor shall update their safety plan which addresses the specific hazards of the work site.

ii. Personal Protective Equipment required for the work under the contract.

iii. Identify appropriate OSHA requirements for the type of work under the contract.

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities.

vi. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

vii. Name, position title and point of contact information of company executive responsible for approving the Safety Plan.

viii. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

H.4 Product Substitution Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

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

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

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

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

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

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

a. Costs under separate contracts.

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

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

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

H-5 Landscape Preservation The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H.6 Noxious Weeds In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

H.7 Travel Management and Motorized Equipment Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

H.8 Contractor Performance Assessment System (CPARS) program This contract may be subject to reporting in the Contractor Performance Assessment System (CPARS) program. Contractors will need to provide a point of contact with email address upon award of contract. Contractors are encouraged to take training and register in this program. Information can be found at:

· Contractor Overview (1.5 hours). View Schedule - This training will give the student an understanding of the Contractor Representative and Contractor Corporate Senior Management levels of access, the policies and regulations governing ACASS/CCASS and CPARS, and the electronic workflow with particular attention to the Contractor comment function.

· Target Audience: This session is specifically targeted to Contractor users who provide Past Performance Evaluation comments or who manage the ACASS/CCASS and CPARS process for their company.

Online course: https://www.cpars.gov/allapps/cpcbtdlf.htm H.9 Submittals, Shop Drawings, Material Certifications and Testing Reports The following shall be submitted on this project:

Material Certifications and Testing Reports The following material certifications and/or testing reports shall be submitted on this project:

H-10 Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-11 Contractor’s Use of Existing Roads The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

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

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

Load Limits --All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the Forest Engineer.

(3) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-12 Road Maintenance Requirements In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-13 Traffic Control The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-14 Control of Material Rights In and Use of Materials

(a) The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source.