AG-82B1-S-10-0099.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER

INSTRUCTIONS

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: IFB AG-82B1-S-10-0099

OFFERS ARE SOLICITED FOR: RECOVERY CANYON CREEK BRIDGE REPLACEMENT AND PETER’S

CREEK CULVERT REPLACEMENT

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO

THIS SOLICITATION:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 5-7). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 48-54). (Complete the Representations and

Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

5. Bid Guarantee

6. Acknowledgement of Amendments

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service Intermountain EROC 740 Simms Street Golden, CO 80401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR

REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-3 – FAR

52.204-7 CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE

ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

RECOVERY Canyon Creek Bridge Replacement AG-82B1-S-10-0099 And Peter’s Creek Culvert Replacement Page 2 of 59

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – Supplies or Services and Prices/Costs SECTION C – Descriptions/Specifications/Statement of Work SECTION D – Packing and Marking SECTION E – Inspection and Acceptance SECTION F – Description and Performance SECTION G – Contract Administration Data SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

SECTION L – Solicitation Provisions SECTION M – Evaluation Factors for Award spatton Typewritten Text spatton spatton

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PART 1-THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

RECOVERY Canyon Creek Bridge / Peter’s Creek Culvert Replacement

Flathead National Forest Hungry Horse Ranger District

Flathead County, Montana

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, ―this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.‖

B.1 SCHEDULE OF ITEMS

Canyon Creek Bridge Replacement

Pay

Item

Item Description MM* Estimated

Quantity

Pay

Unit

Unit

Price

Amount

15101 Mobilization LSQ 1 LS XXXXXXX $________

15713 Soil Erosion and Pollution Control LSQ 1 LS XXXXXXX $________

20102 Clearing and Grubbing LSQ 1 LS XXXXXXX $________

20304 Removal of Existing Timber Bridge LSQ 1 LS XXXXXXX $________

20404 Unclassified Borrow DQ 360 CY $________ $________

20434 Roadway Excavation LSQ 1 LS XXXXXXX $________

20701 Earthwork Geotextile DQ 180 SY $________ $________

20803 Structural Backfill DQ 50 CY $________ $________

20801 Structural Excavation LSQ 1 LS XXXXXXX $________

25101 Placed Riprap, Class 5, Machine-

Placed (Government Source)

DQ 150 CY $________ $________

27250 Geocell Abutment Stabilization, 6-Inch

Depth

DQ 31 SY $________ $________

30809 Crushed Aggregate, Compaction Method 1 (Government

Source)

DQ 87 CY $________ $________

55301 Precast, Prestressed Concrete Structural

Member, 3’8” Bulb-Tee

AQ 3 EA $________ $________

553A01 (A) Precast Concrete Member, Grade Beam AQ 2 EA $________ $________

553A01(B) Precast Concrete Member, Wingwall AQ 4 EA $________ $________

55601 Type T-101 Weathering Steel Bridge

Rail

AQ 112.67 LF $________ $________

61708 Approach Guardrail, Type IV, Class A AQ 162.50 LF $________ $________

62201 Equipment Rental, Hydraulic

Excavator with Thumb

AQ 8 HR $________ $________

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62202 Equipment Rental, Large Dump Truck AQ 8 HR $________ $________

62503 Seeding, Dry Method LSQ 1 LS XXXXXXX $________

62509 Mulching, Dry Method LSQ 1 LS XXXXXXX $________

63501 Temporary Traffic Control LSQ 1 LS XXXXXXX $________

CANYON CREEK BRIDGE REPLACEMENT

TOTAL AMOUNT OFFERED (All Items)

Peter’s Creek Culvert Replacement

ITEM DESCRIPTION

METHOD

OF

MEAS.*

PAY

UNIT EST QTY UNIT PRICE AMOUNT BID

20304 Removal of Existing 48-Inch

DIA. CMP LSQ LS 1 XXXXXXXX $_____________

20404 Unclassified Borrow, Placement Method 3 DQ CY 130 $___________ $_____________

15713 Soil Erosion and Pollution Control LSQ LS 1 XXXXXXXX $_____________

20806 Structural Excavation LSQ LS 1 XXXXXXXX $_____________

25101A Placed Riprap, Class 2, Method A, Machine Placed (Government Source)

VQ CY 40 $___________ $_____________

25101B Placed Riprap, Class 5, Method A, Machine Placed (Government Source)

VQ CY 104 $___________ $_____________

64810 Rock Weir/Step Pool AQ EA 5 $___________ $_____________

30809 Crushed Aggregate, Type Surfacing, Compaction B (Government Source)

DQ CY 42 $___________ $_____________

553A02 Precast Concrete Member, Culvert Footing AQ LF 134 $___________ $_____________

15101 Mobilization LSQ LS 1 XXXXXXXX $_____________

60304

Steel Structural Plate Arch, 14- Foot Span, 4-foot 7 1/2-Inch Rise Galvanized, 0.111-Inch Thickness

AQ LF 66 $___________ $_____________

62508 Seeding, Dry Method (With Mulch) LSQ LS 1 XXXXXXXX $_____________

62201 Hydraulic Excavator with Thumb AQ HR 8 $___________ $_____________

PETER’S CREEK CULVERT

REPLACEMENT

TOTAL AMOUNT Offered (All Items)

B-2 - NOTES: The Forest Service will make one award for both the Canyon Creek Bridge Replacement and the Peter’s Creek Culvert Replacement projects.

And Peter’s Creek Culvert Replacement Page 7 of 59

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.

* LSQ=Lump Sum Quantity, spatton Typewritten Text DQ=Design Quantity spatton Typewritten Text AQ=Actual Quantity, VQ=Vehicle Quantity spatton Typewritten Text spatton Typewritten Text spatton Typewritten Text

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SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 Scope of Contract

This contract is for the removal, disposal, and replacement of; 1) an existing bridge over Canyon Creek, and 2) an existing corrugated steel culvert on Peters Creek. Both crossing occur on Forest Road No. 38, and the work includes fabrication and installation of a concrete bridge at Canyon Creek and replacing the Peters Creek culvert with a structural-plate open bottom arch culvert on a concrete footing. These structures are located on the Hungry Horse and Spotted Bear Ranger Districts of the Flathead National Forest. Contract work elements include, but are not limited to erosion control; excavation; loading, hauling and placing of Government-furnished crushed aggregate base and riprap; furnishing and placement of a geocell foundation stabilization grid w/ Commercial source granular fill material; streambed restoration work (utilizing hydraulic excavator); precast foundation, bridge fabrication and installation; and the removal and disposal of the existing bridge. The Contractor shall furnish everything necessary to complete work according to the contract, including, but not limited to all supervision, labor, material, equipment, tools, transportation, and supplies, unless otherwise specified herein as Government-furnished.

C 2 Project Location

The bridge structure is located at Canyon Creek on Forest Service Road No. 38, on the Hungry Horse Ranger District, Flathead National Forest, Flathead County, Montana. The legal description is Section 4, T. 28 N., R. 17 W., Flathead County, Montana.

The Peters Creek culvert project is located in the Flathead National Forest on National Forest System Road No. 38 at Mile Post 42.03 in the Spotted Bear Ranger District in Section 32, Township 27 North, Range 16 West, in Flathead County, Montana.

C 3 Price Range

The Government cost estimate is between $250,000 and $500,000. This is the anticipated price range of this project per FAR 36.204.

C 4 Government-Furnished Property

For Canyon Creek

(a) Pay Item 25101 – Placed Riprap, Class 5 (Government Source): Murry Bay Pit located approximately 1 miles up Forest Service road 11071 in Section 20, T. 29 N., R. 17 W. See Special Project Specification 105.

(b) Pay Item 30809 – Crushed Aggregate, Compaction Method 1 (Government Source): Murry Bay Pit located approximately 1 miles up Forest Service road 11071 in Section 20, T. 29 N., R. 17 W. See Special Project Specification 105.

For Peters Creek

(a) Pay Item 25101- Riprap Source – Government Source - The designated source for riprap is the Peters Quarry pit located in Section 28, T.27 N., R.16 W.

(b) Pay Item 30809 – Crushed Aggregate Source- Government Source. The designated source for crushed surfacing material is the Government stockpile in the Peters Quarry Pit located in Section 28, T.27 N., R. 16 W.

C 5 Standard Specifications

"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

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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.

Copies are also available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

C 6 Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

C 7 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

C.8 AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

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

C.9 AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

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SECTION D – PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice

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SECTION E--INSPECTION AND ACCEPTANCE

E 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises

The Forest Service anticipates issuing the Notice to Proceed on or about June 1, 2010.

F.3 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 15 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 proposes to carry out the work.

The maximum workweek that will be approved is Monday - Saturday.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing.

The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G.2 452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: a mutually agreed location or via teleconference as determined by the Contracting Officer.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.236-72 Use of Premises (NOV 1996)

H.2 - Campsite Requirements

a) Camps shall be located at least 200 ft from trails, lakes, and streams where terrain permits. Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored, as nearly as feasible, to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative.

b) The Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 300 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as feasible when the camp is closed.

c) The Contractor shall preserve and protect the purity of streams and live waters. Refuse, including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner: Garbage, trash, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

d) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

e) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in harm to fish and wildlife, or to human water supplies.

f) The camp area shall be maintained to present a clean, neat, and orderly appearance. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H.3 - Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

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An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under

(2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

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(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. Not required.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H.4 - Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

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H.5 - Conformity With Drawings and Specifications

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

H.6 - Barricades, Warning Signs, and Other Devices

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, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H.7 - Quality Control and Safety Plans

After award, contractor shall provide a Quality Control Plan outlining how work performance will be monitored for compliance with contract requirements, project oversight, and response to emergencies such as slides, wind events, and washouts.

If an Item includes the need for blasting, hazard tree removal, or other hazardous work, a Safety Plan may be requested by the COR. Such Plan shall outline how the contractor will provide safety for employees, public, and government personnel that may enter a work area. The Plan shall include transportation, handling, and storage of explosives; warning signs, signal devises, and notices; and any other factors required by law, licensing, or the CO.

H.8 - Weed-Free Equipment

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H.9 - Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

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H.10 52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)

(a) Definitions. As used in this clause--

"Contract," as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

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

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

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

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

(1) Salary and bonus.

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

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

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

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

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

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

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

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(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide--

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

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(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if--

(A) In the subcontractor's preceding fiscal year, the subcontractor received--

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

H.11 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--

Construction Materials. (MAR 2009)

(a) Definitions. As used in this clause--

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

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"Foreign construction material" means a construction material other than a domestic construction material.

"Manufactured construction material" means any construction material that is not unmanufactured construction material.

"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been--

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference. (1) This clause implements--

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

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(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Quantity Unit of measure Cost (dollars)*

Item 1:

Foreign construction material None Domestic construction material None

Item 2:

Foreign construction material None Domestic construction material None

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.)

H.12 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, And Peter’s Creek Culvert Replacement Page 23 of 59

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) 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.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.