AG-8173-S-14-0008_REQUEST_FOR_PROPOSALS.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-14-0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/14/2014

PAGE OF PAGES

1 44

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 8. ADDRESS OFFER TO

USDA Forest Service Apache-Sitgreaves National Forests Supervisor’s Office – Acquisition Management PO Box 640 30 S. Chiricahua Drive Springerville, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

A. NAME

WARREN ABBOTT

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

(928) 333-6344

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):

AG-8173-S-14-0008 – This solicitation is a 100 percent Total Small Business Set-Aside.

The USDA Forest Service, Apache—Sitgreaves National Forests, Springerville, Arizona, has a requirement to reconstruct the Beaver Creek AOP Culvert on National Forest System Road 26 under NAICS 237310.

All of this work is covered under the Davis-Bacon Act, for which the appropriate wage determination has been incorporated into the solicitation package. This work may require specialized heavy equipment, transports, safety crews, and service vehicles. Payment and Performance bonds are required upon award.

Price Range: The Government estimate is in the following range:

(d) Between $250,000 and $500,000;

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 1600 MST (hour) local time JUNE 17, 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

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

OFFER (Must be fully completed by offeror)

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)( )

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)

Warren Abbott

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

CONSTRUCTION RFP 2 | P a g e SOL NO. AG-8173-S-14-0008

BEAVER CREEK AOP CULVERT REPLACEMENT

APACHE-SITGREAVES NFs

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Alpine Ranger District Apache-Sitgreaves National Forest

Greenlee County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

20304

Removal of two (2) 84” x 64” x 50’ long corrugate metal pipes and two (2) approx. 300 sf concrete headwalls

20401

Roadway excavation and embankment construction, compaction method B, finish method A

25101a

Placed riprap, class 3, scour holes and trenches

Cubic Yard

25101b

Placed riprap, class 6, road overflow dip

Cubic Yard

30101

Untreated Aggregate Courses

60350

25’-4” Span, 9’-5” Rise, 31’-6” long Aluminum Box Culvert with Full Invert Headwalls, Wing Panels

64804

Streambed simulation

GRAND TOTAL OF ALL ITEMS

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

VENDOR COMPANY NAME:___________________________________________________

AUTHORIZED TO SIGN (NAME):________________________________________________

SIGNATURE:______________________________________ DATE:__________________

ALL VENDOR INFORMATION SUBMITTED ON THIS PAGE SHALL REMAIN CONFIDENTIAL AND USED ONLY AS NEEDED BY THE CONTRACTING OFFICER AND OTHER FEDERAL REPRESENTATIVES FOR THE ADMINISTRATION OF THE AWARDED CONTRACT.

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CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

_____ Respond with the complete RETURN PACKAGE (CRITICAL -- SEE SECTION M for Past Performance

/ Technical Capability submission requirements)

_____ Provide your DUNS Number ________________________

_____ Business email address to facilitate communications_________________________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

SITE VISIT/PRE-PROPOSAL MEETING:

DATE: JUNE 5, 2014

TIME: 11:00 A.M. MOUNTAIN STANDARD TIME

LOCATION:

The project site is located on National Forest Service Road (NFSR) 26 at milepost 4.729, approximately 19 miles south of Alpine, AZ 85920. Access to the project site is by paved and gravel roads. Drive south on Highway 191 from Alpine, AZ, for 14.2 miles, turn west on county NFSR 26, drive 4.6 miles to the intersection with NFSR 37B, then continue west on NFSR 26 for

0.06 miles to the project site.

33˚ 43’ 13” N, 109˚ 16’ 31” W Township 4N, Range 30E, Section 6

RSVP by email to POINT-OF-CONTACT: WARREN ABBOTT, CONTRACTING OFFICER, wabbott@fs.fed.us mailto:wabbott@fs.fed.us

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APACHE-SITGREAVES NFs

MANDATORY (FAILURE TO COMPLETE THIS SECTION WILL REMOVE THE OFFER FROM FURTHER

CONSIDERATION):

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Alternate 1 (Feb 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph

(1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

AGAR 452.209-71ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS, Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112- 74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

CONSTRUCTION RFP 5 | P a g e SOL NO. AG-8173-S-14-0008

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.1 SCOPE OF CONTRACT

The purpose of this project is to replace two (2) 84” x 64” x 50’ long culverts with one (1) 25’-4” x 9’-5” x 31’- 6” long aluminum box culvert on Forest Road 26 at milepost 4.729 on the Alpine Ranger District. Work also includes stream channel reconstruction and installation of riprap.

The Contractor shall provide all expertise, supervision, labor, materials, tools, equipment, engineering, design, transportation, delivery of materials, lodging, drawings and technical materials (maintenance and/or operation manual, etc.) to successfully complete this project in accordance with all requirements enclosed or attached herein.

C1.2 PROJECT DESCRIPTION:

This project is to replace two (2) 84” x 64” x 50’ long culverts with one (1) 25’-4” x 9’-5” x 31’-6” long aluminum box culvert with corrugated aluminum headwalls located on the Apache-Sitgreaves National Forests. Work includes reconstruction of approximately 177 feet of stream channel with stream simulation.

The new culvert and stream reconstruction will provide aquatic organism passage for fish and terrestrial species. Additional work includes installation of 125 cubic yards of riprap along an existing road overflow dip used for flood flows and contouring existing overflow channels to blend to adjacent terrain.

C1.3 PROJECT LOCATION:

The project site is located on Forest Service Road 26 at milepost 4.729, approximately 19 miles south of Alpine, Arizona. Access to the project site is by paved and gravel roads. Drive south on highway 191 from Alpine, Arizona, for 14.2 miles, turn west on Forest Service Road 26, drive 4.6 miles to the intersection with Forest Service Road 37B, then continue west on Forest Service Road 26 for 0.06 miles to the project site.

33˚ 43’ 13” N, 109˚ 16’ 31” W Township 4N, Range 30E, Section 6

C1.4 PRICE RANGE

Price Range for the project is between $250,000 - $500,000

C1.5 STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS, FP-03.

The Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

FLH Standard Specifications (FP-03) can be obtained from the Federal Highway Administration Home Page on the Internet. It is in Word or Adobe Acrobat page description format at:

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm or online at http://bookstore.gpo.gov/ or available on line at http://www.wfl.fha.dot.gov/design/specs/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm http://bookstore.gpo.gov/ http://www.wfl.fha.dot.gov/design/specs/

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APACHE-SITGREAVES NFs

C1.6 SPECIAL PROJECT SPECIFICATION AND FOREST SERVICE SUPPLEMENTATION

The following supplementations to FP-03 are hereby made part of this solicitation and any resultant contract.

101 Terms, Format, and Definitions As modified herein 102 Bid, Award, and Execution of Contract As modified herein 103 Scope of Work As modified herein 104 Control of Work As modified herein 105 Control of Material As modified herein 106 Acceptance of Work As modified herein 107 Legal Relations and Responsibility to the Public As modified herein 108 Prosecution and Progress As modified herein 109 Measurement and Payment As modified herein 151 Mobilization As modified herein 152 Construction Survey and Staking As modified herein 155 Schedules for Construction Contracts As modified herein 156 Public Traffic As modified herein 157 Soil Erosion Control As modified herein 201 Clearing and Grubbing As modified herein 203 Removal of Structures and Obstructions As modified herein 204 Excavation and Embankment As modified herein 208 Structure Excavation and Backfill for Selected Major Structures As modified herein 251 Riprap As modified herein 301 Untreated Aggregate Courses As modified herein 552 Structural Concrete As modified herein 554 Reinforcing Steel As modified herein 601 Minor Concrete As modified herein 603 Structural Plate Structures As modified herein 625 Turf Establishment As modified herein 635 Temporary Traffic Control As modified herein 648 Stream Simulation As established herein 703 Aggregate As modified herein 704 Soil As modified herein 705 Rock As modified herein 714 Geotextile and Geocomposite Drain Material As modified herein 718 Traffic Signing and Marking Material As modified herein

CONSTRUCTION RFP 7 | P a g e SOL NO. AG-8173-S-14-0008

Looking downstream toward the existing culverts

Looking upstream from the existing culverts

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Looking upstream toward the existing culverts

Looking downstream from the existing culverts

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Looking to the west toward the drainage dip, from on top of the existing culverts.

Looking east toward the drainage dip (foreground) and existing culverts

CONSTRUCTION RFP 10 | P a g e SOL NO. AG-8173-S-14-0008

Looking east toward the existing culverts

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SECTION D - Packaging and Marking

Not applicable in this solicitation/contract

SECTION E - Inspection and Acceptance

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within _5_ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek shall be Monday through Thursday daylight to dusk; Fridays daylight to 2:00 pm. No work shall be permitted after 2:00 pm Friday through Monday 8:00 am. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract) http://www.arnet.gov/far/

CONSTRUCTION RFP 12 | P a g e SOL NO. AG-8173-S-14-0008

SECTION H - Special Contract Requirements

H.1.0. FAR 52.236-4 Physical Data (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by:

Site Survey by the Forest Service Geotechnical Investigation by Western Technologies, Inc. See Section J.

(b) Weather conditions See Industrial Fire Plan, Section H.3.0.

(c) Transportation facilities none.

Utility Services : None.

H.2.0 Utility Services

There are no utilities available for use at project location.

H.3.0 Industrial Fire Plan

Apache-Sitgreaves National Forests: INDUSTRIAL FIRE PLAN

The following requirements are a part of this solicitation and any resultant contract or permit, and shall be provided at the Contractor’s expense:

1. Wildfire Prevention – During periods of contract/permit performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s

Representative (COR) or Permit Administrator, except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

CONSTRUCTION RFP 13 | P a g e SOL NO. AG-8173-S-14-0008

APACHE-SITGREAVES NFs

b. Should any deficiencies appear during the inspection, the Contractor/Permit holder will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial

Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

4. Fire Prevention Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the

Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good working condition, in such quantities and mix to provide at least one firefighting tool for each person in the Contractor’s workforce engaged in contract operations. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaw may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with cleaned, re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial

Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of which stage in the industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of fuses in blasting shall not be permitted. A Fire Guard must remain on the blasting site for a minimum of one hour after blasting operations have concluded. Required equipment shall consist of at least one 5 lb. fire extinguisher, one long-handled round-pointed shovel size 0 or larger and one 5-gallon hand pump garden sprayer or backpack pump filled with water.

Written permission must be obtained from the CO during fire precaution plan B and C days.

Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding – An area of sufficient size but not less than a 10 foot radius shall be cleared down to bare mineral soil before welding operations are started. Prior to welding, authorized user shall have available a round-pointed long-handled shovel, at least 5-gallons of water, and a 5-pound fire ABC dry chemical extinguisher at each welding site. A Fire Guard must remain on the welding site for a minimum of one hour after welding operations have concluded. Written permission must be obtained from the COR during fire precaution plan B, C, and D days.

Welding is prohibited on Red Flag days.

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e. Slash Incineration – Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100 feet. This activity is prohibited on fire precaution plan C, D and Red Flag days. This activity is restricted and only permitted under a specifically-designated contract.

f. Refuse Burning – No slash (such as that resulting from thinning, or clearing a right-of-way), or other debris shall be burned without advance written consent of the Forest Service. Waste such as broken tools, worn tarps, camp tables, etc. shall be disposed of properly off-Forest, rather than burning.

g. Ash disposal – Ash from cooking or warming fires shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

h. Controlled Burning – All planned burns, including pile burns or use of air curtain burners, conducted by the Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project.

The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the Contractor’s employees conducting burning operations will be required according to the applicable regulations in NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

i. Fire Guard – To prevent, detect, and suppress wildfires, the Contractor/Permit holder shall provide one or more trained Fire Guards at each operating area where internal combustion engines, power-driven equipment, incineration equipment, or camp/warming fires are used.

Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties. The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities. A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of ten (10) minutes to any of the other areas, and provided the Fire Guard patrols all areas where operations have occurred.

Each Fire Guard shall be trained, vigilant, able and prepared, to prevent, detect, and report any wildfire; and to promptly and efficiently take suppression action with available required firefighting equipment and personnel on any wildfire that starts on the contract/project area.

The Fire Guards shall constantly perform their duties during normal operating hours, with an added three (3) hour watch after work stops for the day when the Fire Precaution Plan is at Plan B, C, or D (see Supplement 1). If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D (see Supplement 2), the Fire Guard will perform all requirements specified in the Plan D Authorization Letter issued by the CO.

Each Fire Guard shall be equipped with a vehicle and shall carry a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, two 5-gallon hand pump garden sprayers or backpack pumps, and 25 gallons of water for firefighting purposes. All equipment and tools shall be maintained in serviceable and operable condition. The tool cache for the Fire Guard will be in addition to the Fire Toolbox maintained for the work crews and available for use at both the work site and campsite.

http://www.nwcg.gov/pms/docs/docs.htm

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j. Communications –The Contractor shall provide some form of prompt and reliable direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and between the contractor’s operations and the Forest Service. The Contractor’s cell phone number, and Fire Guard’s cell number, or other form of prompt contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

5. Wildfire Suppression

a. The Contractor shall take independent action immediately to suppress all fires originating within the contract boundary and camp location. The Contractor shall continue fighting the fire until released from the fire by the Forest Service. The Contractor will take appropriate action on a fire outside the contract area or campsite to the level of their firefighting experience, abilities and qualifications. The Contractor may be requested to assist the Forest Service with fighting a fire if the personnel have been trained and equipped with the proper personnel protective equipment (PPE). If contract operations are interrupted for firefighting purposes the Contractor shall notify the COR as soon as practical.

b. If the Contractor pursues fighting any wildfire which has moved from off the USFS contract land and crosses onto lands of other ownership, such as private property, the Contractor shall be aware that dangers may be present associated with urbanized areas. For example, the Contractor will need to become highly alert, and take extreme care to avoid dangers associated with open flames or operating heavy equipment near propane/butane tanks and underground gas lines, overhead/underground electric lines, underground septic tanks, and private outbuildings which may contain hazardous or flammable/explosive chemicals. Coordination as soon as possible with USFS and/or local municipal firefighters who are better trained for safe wildland/urban-interface fire suppression tactics is recommended when faced with fires on private lands.

c. All fires shall be reported immediately to the most available Forest Service office. The COR will insure that all fire reports are forwarded immediately to the Apache-Sitgreaves NF Fire Dispatcher’s Office. Even though the fire may have been suppressed by the Contractor’s crew, this report is still required. The office and telephone numbers to which fires shall be reported will be furnished to the Contractor at the contract pre-work meeting.

d. The Contractor shall not perform fire suppression activity, or provide reinforcement support, on any wildfires that originates and remains outside the contract boundary or Contractor’s camp location, without meeting the criteria below.

If the Contractor wishes to be available to assist the Forest Service with emergency wildfire suppression or support activities beyond the contract boundary, all the Contractor’s, and/or Subcontractor’s, equipment must first be signed up on an Equipment Rental Agreement, USDA/USDI Optional Form 294, issued by the Apache-Sitgreaves National Forests. (In cases of extreme emergency, the Forest Service can finalize this agreement at the fire location.)

Emergency use of equipment manned with operators, such as dozers, skidders, tree shears, chainsaws and water trucks/trailers, would then be compensated to the Contractor at current Forest Service fire-fighting rental equipment rates common to the area. Equipment rented by the Forest Service under this agreement shall be operated only by physically able personnel supplied by the Contractor.

Likewise, all personnel employed or subcontracted by the Contractor who wish to work on wildfires as individuals must first be currently certified with the required fire training to be qualified as a wildland firefighter before being permitted to assist the Forest Service with fire

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APACHE-SITGREAVES NFs suppression. Firefighters must also have completed the necessary forms to become temporary emergency Forest Service fire-fighting employees. Contract personnel temporarily released off this contract by the Contractor to fight off-contract fires, shall be paid by the Forest Service at current USFS standard emergency “administratively determined” (AD) fire-fighting rates.

The COR can direct you on how and where to make these preparations in advance. The contract COR must be notified as soon as possible in writing when the above conditions for fire rental equipment and personnel have been met. The Contractor must also notify the COR as soon as practical if contract operations are interrupted for emergency firefighting outside the contract area. If the Contractor does not wish to meet these criteria to help fight wildland fire outside the contract area, the Contractor is not required to do so.

6. Equipment Requirements

a. Passenger carrying vehicles, including light pickup trucks and all-terrain vehicles, shall be equipped with one (1) long-handled round pointed shovel and one (1) ABC dry chemical fire extinguisher not less than 2 ½ pounds capacity. Each internal combustion fuel-carrying piece of equipment (dump-truck, dozer, excavator, backhoe, fuel service truck, etc…) shall be equipped with one long-handled round-pointed shovel, and one 5-pound capacity ABC dry chemical fire extinguisher. Shovels and fire extinguishers shall be so mounted as to be readily reached from the ground, and shall be maintained in good working condition at all times.

The work camp and fuel-storage area shall be equipped with a shovel, double bit axe, and class ADC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight, kept in good working condition.

These shovels and fire extinguishers are in addition to those required for the Fire Guard tool cache (4.a.) and the mobile crew fire tool box (4.e). These shall be furnished and maintained at the Contractor’s expense.

Authorized user will ensure that each internal combustion engine (both gasoline and diesel fueled) used on the project and in camp shall be equipped with a spark arrester qualified and rated under USDA Forest Service Standard (Spark Arrester Guide) 5100-1a or the latest revision of Society of Automotive Engineers "medium size engine, SAE recommended practice J350" unless it is:

(i) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(ii) A multi-position engine, such as on power saws purchased after 6/30/77 which must meet the performance levels set forth in the Society of Automotive Engineers "multi-positioned small engine exhaust fire ignition standard, SAE recommended practice J335B" as now or hereafter amended. Those purchased prior to the above date shall be equipped with an approved spark arrester/muffler containing a 0.023 inch mesh screen which all exhaust products must pass through. The effective exhaust area of the screen (total area of all screen openings) shall not be less than 200 percent of the engine exhaust port area at its smallest cross-section. Screen material will be heat and corrosion resistant, and shall provide at least 100 hours of service life.

(iii) A passenger carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory designed muffler and an exhaust system in good working condition.

(iv) A heavy duty truck, such as a dump truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

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Exhaust equipment described here, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

b. All internal combustion engines must be inspected before use in the job and periodically thereafter by the

Forest Service. Equipment not passing inspection cannot be used until repairs are made, re-inspected, and passed by the Forest Service.

c. Care shall still be taken at all times to avoid parking all vehicles over tall grass, brush or flammable materials.

d. Equipment service areas, and gas and oil storage areas, shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet. Locations shall be pre-approved by the Forest Service.

e. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be equipped with lights for nighttime use. This includes two functioning headlights, and 1 to 2 backup lights.

g. Powered handtools (saws, augers, drills, jack hammers, pumps, etc.) shall be kept in a safe, serviceable condition at all times. Each power tool shall be equipped with an approved spark arrester screen muffler system as defined in this section.

(i) The refueling of powered tools shall be done in an area which is completely cleared of flammable materials (such as on bare mineral soil) and the tool shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

(ii) Power tools with warm or hot spark arresters/screen mufflers—running or not—shall not be placed or rested on sawdust piles, litter duff, stumps, or spots that are easily ignited.

(iii) During periods of use, each powered handtool operator shall have readily available for use, one long-handled round-pointed shovel, one chemical-pressurized ABC dry chemical fire extinguisher of not less than 8-ounce capacity by weight, and a Factory Mutual (FM) approved fuel can. Muffler, extinguisher, shovel and fuel can shall be maintained in good working order at all times. The shovel is to be kept with the fuel supply can.

h. Forced Air Burners shall be kept in serviceable conditions at all times. Blower unit power supplies must comply with 6 b, c and d above.

7. Smoking and Fires

a. Smoking – When/where smoking is permitted, cigarette butts or other smoking materials shall be extinguished completely and disposed of responsibly.

(1.) No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled, or otherwise paved.

(2.) Smoking is not permitted while working. Smoking is only permitted in camp or on breaks, and only in areas having a clearing of at least 3 feet in diameter to bare mineral soil or rock, or preferably inside an enclosed vehicle with an ash tray.

(3.) Smoking is not permitted while refueling, or while in the fuel storage/ service area.

b. Fires – Warming fires, cooking fires, or burning of daily kitchen waste at camp or on the job-site, shall not be permitted during periods of high to extreme fire danger except in designated places by written consent of

CONSTRUCTION RFP 18 | P a g e SOL NO. AG-8173-S-14-0008 the Forest Service. All other fires (such as burning of debris resulting from clearing a camp or right-of-way) and ash disposal are covered under sections 4.e., 4.f., 4.g., and 4.h.

8. Red Flag Events –

A “Red Flag Event” by definition, is a combination of environmental factors that can lead to extreme wildland fire behavior. The criteria for a Red Flag Event include a combination of sustained high winds, low relative humidity, and dry fuels. The thresholds for Red Flag Events are established by the local National Weather Service office. Red Flag Events are categorized in the following order:

FIRE WEATHER WATCH is issued to alert the possibility of the development of conditions that would lead to a Red Flag Alert.

RED FLAG WARNING is issued to warn of a predicted, impending or ongoing event that will meet the criteria of a Red Flag Alert within the next 24 hour period. This warning will generally precede a full alert.

RED FLAG ALERT is the most critical stage and implemented when conditions are extreme

When a Red Flag Alert is issued by the National Weather Service, all contractor and permitee operations will adhere to Industrial Fire Precaution Plan “D” and will shut down operations until the Red Flag Alert is rescinded.

Red Flag categories are announced publicly on 24-hour radio broadcasts on National Oceanic and Atmospheric Administration (NOAA) weather radio channels for localized vicinities. The contract COR or Permit Administrator can provide operators the correct weather radio channel to use for a particular project area.

9. Fire Plan and Closure Order Violations

a. Contractor’s violation or deficiency in meeting fire plan requirements shall result in a state of non-compliance with the terms and conditions of the contract. Immediate suspension of contract operations will be enforced until the deficiency or violation is corrected.

b. The Contractor shall advise all employees of Forest campfire, smoking, powersaw, and/or area closure orders

(36 CFR 261.52 (a) (c) (d) (e) (h)). After notification to the Contractor by the Forest Service of such orders taking effect, the Contractor and their employees may be subject to criminal action under Federal Regulations separate from this contract should a violation occur.

10. Fire Suppression Costs – The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the Contractor’s operations. Contractor’s obligations for cost of fire suppression, and all suppression activities ordered or directed by the Forest Service, vary according to three classifications of fires as follow below:

a. Operations Fire. An “Operations Fire” is a fire caused by Contractor’s operations other than a Negligent Fire, when all requirements of this industrial fire safety plan have been met and consistently maintained by the Contractor. The Government (Forest Service) shall perform fire suppression activities on Operations Fires, under the authorities of 16 USC 572. Contractor agrees to reimburse the Forest Service for expenses incurred by the Forest Service for the cost of an Operations Fire, to a maximum of $10,000 dollars for each occurrence.

b. Negligent Fire. A “Negligent Fire” is a fire caused by negligence or fault of the Contractor’s deficient operations by failure to comply with all requirements of this industrial fire plan (ie. “Fire Plan Negligence”), which results in a wildfire starting or permitting a controlled fire to spread out of control. Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor. The Contractor shall also be responsible for full or partial costs and damages to any property of the USDA Forest Service or third parties caused by escaped fires resulting from Contractor’s negligence.

c. Other Fires in Immediate Area. This situation is covered under section 5.d. of this industrial fire plan.

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11. Historical Data –

The following data on the Forest area involved is provided for the Contractor’s information. The data are averaged from records for the past 10 years based on the Energy Release Component (ERC) for the appropriate Fuel Models, at various weather stations across the Forest.

Total operating year used for the following information is January 1 through December 31. (Most years lack some days of data collection during winter months when weather stations were not functional.)

Apache-Sitgreaves National Forest – Average # days/year by Industrial Plan for past 10 years:

A-S Industrial Plan SIG (Heber – Lakeside – Alpine) NFDRS Fuel Model J

Approx. # Days per Year at Each Industrial Plan Level (5-day averaged ERC)

Industrial Fire Precautionary Plan Levels

AVG

A 85 150 110 55 75 140 175 50 15 60 15

B 204 145 200 215 220 190 145 220 210 270 220

C 24 35 20 15 10 10 30 70 0 15 30

D 32 20 10 20 55 25 10 20 50 15 95

Average number of Red Flag Days = 1 to 15 (highly variable by year).

The majority of Plan C, D, and Red Flag days generally occur between the periods of March 15th to September 25th. Wildfire risk is usually at its greatest between mid-April through mid-July each year.

12. Emergency Fire Precaution Schedule – Supplement 1 to this fire plan shows and defines the levels of operational restrictions, in accordance with regionally-standardized restrictions and closures.

FIRE PLAN SUPPLEMENT 1

EMERGENCY FIRE PRECAUTIONS (2/13)

Contractor/permit holder will restrict operations in accordance with the Emergency Fire Precaution Schedule shown below.

When there is a predicted change, Forest Service shall inform the Contractor by 6:00 pm, Mountain Standard Time (7:00 pm MDT), of the predicted change in the Industrial Fire Precaution Plan. The procedure for the Forest Service to notify the Contractor of a change in the Fire Precaution Plan stage in the following table is stated in section 4.b.“Work Hours” of this Industrial Fire Plan, and shall also be reviewed at the pre-work meeting.

EMERGENCY FIRE PRECAUTION SCHEDULE

FIRE RESTRICTION/CLOSURE “STAGE”

“STAGED” RESTRICTION LEVELS INDUSTRIAL FIRE PRECAUTION PLAN

NO RESTRICTIONS A

STAGE I B

STAGE II C or D

PARTIAL/ FOREST CLOSURE ** D

RED FLAG WARNING

(Issued by National Weather Service)

D

** Partial Forest Closure:

Contract/permit areas which are outside the boundaries of the partial forest closure may continue to operate under Industrial Fire Precaution Plan “C” operating criteria as agreed upon between the CO and Contractor in writing.

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Contract/permit areas within the boundaries of the proclaimed partial forest closure area are to operate under Industrial Fire Precaution Plan “D”.

Staged Restriction levels are determined by the appropriate Forest Line Officer in consultation with Fire Management Officer(s) and Contracting Officer(s)/Permit Administrator(s). The Contracting Officer/Permit Administrator may, after consultation with the appropriate Forest Line Officer, adjust the predicted Industrial Fire Precaution Plan for local weather conditions on the contract/permit area. Deviations from the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

INDUSTRIAL FIRE PRECAUTION PLAN – DESCRIPTIONS

A - Normal Fire Precautions. No Fire Guard required, except for welding and blasting operations.

B - Normal Fire Precautions, except designated areas for smoking and warming or cooking fires require a written permit.

Contractor/permit holder will provide Fire Guard.

C - All power saws and mechanical fellers except for mechanical fellers equipped with hydraulic shears will shut down from 9:00 am until 8:00 pm Mountain Standard Time (10:00 am to 9:00 pm MDT), except chainsaws may be used from 9:00 am until 2:00 pm Mountain Standard Time (10:00 am to 3:00 pm MDT), for limbing on landings cleared to mineral soil. Loading is authorized to continue from 12:00 noon until 2:00 pm, Mountain Standard Time (1:00 pm to 3:00 pm MDT), on landings cleared to mineral soil. Log hauling trucks must be out of the contract area to a surfaced road by 2:00 pm, Mountain Standard Time (3:00 pm MDT). Shutdown from 12:00 noon until 8:00 pm Mountain Standard Time (1:00 pm to 9:00 pm MDT); all machine treatment of slash; mechanical equipment used for shearing, bunching, or de-limbing; skidding; cable yarding; blasting; welding; metal cutting; and clearing. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue. No smoking, warming or cooking fires are permitted at any time. Contractor/permit holder will provide Fire Guard.

D - Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit. Blasting and welding are prohibited. Contractor/permit holder will provide Fire Guard.

13. Plan D Authorization Letter - Attached as Fire Plan Supplement 2, is a sample of the additional requirements the Contractor must agree to, only if he wishes to continue limited operations on Fire Plan “D” days. This authorization letter would only be issued by the Contracting Officer to contractors who already have a dozer or skidder available on that job to quickly dig fire line. Recommendation for such authorization would be determined by the District Fire Management Officer and the COR on an individual contract basis, taking into consideration such things as contract location, terrain, road access, hazardous fuels present, long-term fire weather forecasts, and other risk factors. Contractors who chose not to work on this limited basis during Plan “D” days may decline these additional terms, in which case normal shutdown and/or suspension of contract time would be likely until field conditions improve.

In select cases, acceptance and possession of such a letter may also serve as the special USFS permit required for legal operation during times of fire and powersaw restriction orders. A separate Forest Entry Permit, issued by the designated ranger district at no cost, would still be required for work to continue within forest areas closed to the public by special order.

District permits to continue contract work involving heat or spark-causing activities during powersaw restrictions and/or area closure orders will not be issued without very serious consideration beforehand by the District Fire Management Officer, District Ranger, COR and contract CO, and are not likely to be granted except in…