AG-82B1-S-10-0181 FINAL .doc

AG-82B1-S-10-0181

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

TOILET INSTALLATION

Kootenai SST Installation Kootenai National Forest Lincoln & Sanders Counties, Montana

B-1 SCHEDULE OF ITEMS

Each sub items below include; Mobilization, Structure Excavation (Toilet), 3/8” minus aggregate (contractor furnished, mechanical compaction), and removal or disposal of existing toilets/vault as noted in C-2 Location and description. Seeding and fertilizing is not part of this contract.

All items, or a combination of the following items, may be awarded depending on prices received and funding available at the time of award:

Total quote item A

Total quote item B

Total quote Item C

Total quote Item D

Total quote Item E

Total quote Item F

Total Quote

** public landfill locations are

Libby Landfill 2501 Pipe Creek Rd, Libby, MT 59923 (406) 293-7146

Eureka Landfill 653 Airport Rd, Eureka, MT 59917 (406) 889-5117

Troy Landfill 273 Dump Rd, Troy, MT 59935

Happy's Inn Landfill 101 Dump Rd, Libby, MT 59923

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 – PROJECT DESCRIPTION AND LOCATIONS

(a)Description of Work. Procurement, delivery, and lift to install vault toilets are under a separate contract (toilet manufacture).

The purpose of this service contract is to prepare the hole and backfill with approved material for precast concrete toilet and vault that has been placed in the hole by the toilet manufacturer.

Depending on specific site location, work may include pumping, removal and disposal of existing vault and toilet to a public landfill; pumping, removal and salvage of existing toilet components to designated location; or pumping and burying existing vaults left in the ground (see notes in (b) project location for each toilet). Staking will be done by the Forest Service just prior to clearing, grubbing, and excavation.

Specifications. The Contractor shall excavate approximately 4.5 to 5.5 feet to a depth that places the top of the finished exterior concrete slab, at the entrance point, 3 to 6 inches above the natural ground unless otherwise directed by the Contracting Officer (CO). A minimum of 6 inches of 3/8 inch minus aggregate from a commercial source shall be hauled and placed in the bottom of the hole and firmly compacted (mechanical) to provide a firm, level bedding surface. The top of the aggregate shall slope one percent (1%) toward the door opening to allow free draining of water out the door.

Backfill material, approved by the CO, shall be free of brush, organic material, dirt clods and frozen material and rocks larger than six (6) inches in the greatest dimension. Rocks larger than 2 inches in the greatest dimension shall not be placed within 6 inches of any concrete surface. Backfill shall be placed in six (6) inch lifts and firmly compacted (mechanical). Excess material shall be disposed of as directed by the Contracting Officer.

No excavation shall be left open more than one day unless approved by the CO. Any excavation left open overnight shall be fenced as directed by the CO.

(b) Project locations. The work is located on the Kootenai National Forest headquartered in Libby, MT. Work locations are in five primary areas: North from Libby, MT area, West from Libby, MT area, East from Libby MT area, Clark Fork River area, and Hwy 93 from Eureka. Specific location and site description are described below:

NORTH FROM LIBBY – Sub item A

A-1 SHELDON STOCK TH (1 toilet) is located approximately 5 miles from Libby. Take State Hwy 37 approximately 1 mile to State Hwy 567; left on Hwy 567 approximately 4 miles to Road 4753; right on Road 4753 100 feet to Sheldon Stock TH. Road 4753 and the access road into Sheldon are graveled. The new vault will be placed in the existing toilet hole. The existing toilet and vault shall be pumped, salvaged and hauled to the Libby Ranger Station Fire Cache, a distance of approximately 5 miles.

A-2 JACKSON CREEK (1 toilet) is located approximately 22.5 miles from Libby. Take State Hwy 37 approximately 14 miles to FDR 228; left on FDR 228 approximately 8 miles to Road 14517; right on Road 14517 approximately 0.5 miles to installation site. Road 14517 is gravel, rough, and steep. This road can be accessed by a dump truck and trailer but is not suitable for large highway trucks. The new vault will be placed in a new hole. The existing fiberglass toilet shall be disposed in a public landfill. The fiberglass vault shall be pumped and buried in place after holes are knocked in the bottom.

A-3 BARRON CREEK (1 toilet) is located approximately 26 miles from Libby. Take State Hwy 37 approximately 14 miles to FDR 228; left on FDR 228 approximately 12 miles to Barron Creek Boat Ramp; right on boat ramp access road approximately 0.25 miles. All roads are paved. The new vault will be installed in the existing hole. Existing wood and fiberglass toilet and vault shall be pumped and disposed of at a public landfill. If needed, Forest Service will furnish additional fill material from a FS pit approximately 1.5 miles from the Barron Creek installation site.

A-4 ROCKY GORGE (3 toilets) located approximately 42 miles from Libby. Take State Hwy 37 approximately 42 miles to the Rocky Gorge Recreation Site. Entire route is paved. Two toilets will be installed in existing toilet holes; the third toilet will be in a new hole. Existing concrete toilets, vaults, and sidewalks shall be pumped and removed to a public landfill. Additional Government furnished fill material is located within the drawdown zone of Lake Koocanusa at the Rocky Gorge Recreation Site boat ramp.

WEST FROM LIBBY Sub item B

B-5 KEELER SNOWMOBILE (1 toilet) is located approximately 23 miles west of Libby. Take US Hwy 2 approximately 15 miles to Lake Creek Road 384 (County Road); Road 384 to Keeler Rattle Road 473 approximately 6 miles; right on Road 473 approximately 2 miles to site. Last mile is graveled. The new vault will be in a new hole adjacent to the existing toilet. Existing wooden toilet shall and disposed of in a public land fill. Existing vault shall be pumped and then either be 1) removed or disposed in a public landfill, or 2) if conditions allow, be buried in place after holes are knocked in the bottom.

EAST FROM LIBBY Sub item C

C-6 OSCAR MILLER STOCK (1 toilet) located approximately 32 miles east of Libby. Take US Hwy 2 east from Libby approximately 26 miles to West Fisher Road 231; right on Road 231 for approximately 6 miles to Oscar Miller site. Road 231 is graveled. Access road into Oscar Miller is rough and the turn on to the access road will be difficult for larger highway trucks. There is room to turn around at the site. This is a new toilet installed in a new hole; there is no existing toilet. Additional fill material will be required. Government furnished fill material is available at the West Fisher Pit approximately 1 mile from Oscar Miller.

C-7 PLEASANT VALLEY (1 toilet) located approximately 33 miles from Libby. Take US Hwy 2 east from Libby approximately 33 miles to Pleasant Valley Campground (across from old Raven Ranger Station.) Road in campground is marginal for a large highway truck but is suitable for a dump truck and trailer. Vault will be installed in a new hole. Existing wooden toilet shall be removed and disposed in a public landfill. Existing vault shall be pumped and buried in place after holes are knocked in the bottom.

CLARK FORK RIVER (from Trout Creek, MT) Sub item D

D-8 TRIANGLE POND (3 toilets) is located approximately 18.6 miles west of Trout Creek. Take State Hwy 200 west from Trout Creek, MT to Noxon, MT turnoff approximately 14 miles; follow county road through Noxon and continuing west approximately 4 miles to Triangle Pond. County road west of Noxon is graveled. One new vault will be installed in an existing toilet hole; the other two toilets will be in new holes. The two existing concrete toilets and one concrete vault shall be pumped, salvaged and transported to Cabinet Ranger Station, a distance of approximately 17 miles. The second concrete vault shall be pumped and buried in place after holes are knocked in the bottom.

D-9 BIG EDDY (1 toilet) located 23.4 miles west of Trout Creek. Take State Hwy 200 approximately 23 miles to Big Eddy Recreation Site; turn left toward boat ramp. Road into Big Eddy is graveled and marginal for larger highway trucks. New vault will be placed in the same hole as the existing toilet. Existing toilet and vault shall be pumped, salvaged and hauled to Cabinet Ranger Station, a distance of approximately 22 miles.

D-10 MARTIN CREEK (2 toilets) - In Trout Creek turn on Cedar Street (at the gas station - left turn if headed west, right turn if headed east), turn right at the T intersection on Fir Street, left at Larch Street, and right on Pine Street which goes past the school. Continue 5.8 miles on the county road to the end of pavement and a right turn. Cross the railroad crossing (an active crossing with warning lights.) Continue on the gravel road an additional 3 miles past two bridges. Just past the second bridge turn right on Road 2229 approximately 0.25 miles to Martin Creek Recreation Site. Total distance from Trout Creek is 9.5 miles. The route to Martin Creek is suitable for highway trucks. However, highway trucks cannot navigate the campground loop. The toilet in the campground loop will be placed 40 feet from the campground roadway. Both new vaults will be installed in new holes. The two concrete toilets and one concrete vault shall be pumped, salvaged and transported to Cabinet Ranger Station, a distance of approximately 11 miles. The remaining vault shall be buried after holes are knocked in the bottom.

D-11 JACKPINE FLATS (1 toilet) is located approximately 20.8 miles east of Trout Creek. Take State Hwy 200 east approximately 11 miles to Big Beaver Creek Road 152; follow Road 152 approximately 10 miles to the Jackpine Flats access road (Road 152G.) Eight miles of Road 152 is graveled; the last 5 miles of road is rough and narrow. There are two bridges and a cattle guard on Road 152, all at least 14 feet wide. The access road into Jackpine Flats is dirt and is rough. A highway truck is not recommended on the access road. The new toilet will be placed in a new hole. The wooden toilet has already been removed and the steel vault partially buried. This project will completely bury the old steel vault.

HIGHWAY 93 CORRIDOR (from Eureka, MT) Sub item E

E-12 UPPER PINKHAM CREEK (1 toilet) located approximately 15 miles from Eureka. At the south end of Eureka (at Town Pump), take Tobacco Road 3656 approximately 0.5 miles to Orthorp Lake Road 854, left on Road 854 approximately 4.5 miles to Pinkham Road 856, left at the Y intersection on Road 856 to the recreation site located just across the bridge over Pinkham Creek. Most of the route is county road. The new toilet will be placed in a new hole. The existing wooden toilet shall be disposed in a public landfill. The existing vault shall be pumped and buried after holes are knocked in the bottom.

E-13 WEASEL LAKE (1 toilet) is located approximately 29 miles southeast of Eureka. Take US Hwy 93 from Eureka, MT south approximately 10 miles to Grave Creek Road 114; left on Road 114 approximately 14 miles to Road 319; Road 319 approximately 3 miles to Road 7108; right on Road 7108 approximately 2 miles to Weasel Lake. The last 4 miles of Road 114 and Road 319 are graveled and have steep sections. Road 7108 is graveled, rough, and not suitable for highway trucks. The new toilet will be placed in a new hole. The existing wooden toilet shall be disposed in a public landfill. The existing concrete vault shall be pumped and buried after holes are knocked in the bottom.

E-14 MURPHY LAKE (1 toilet) located approximately 16 miles south of Eureka. Take US Hwy 93 south approximately 15 miles to Road 7008 (approximately 0.5 miles before Murphy Lake Ranger Station); left on Road 7008 approximately 1 mile to Murphy Lake Campground (located to the right of the road.) Road 7008 is graveled. The turn into the campground and the access road into the campground are suitable for a dump truck and trailer but are not suitable for a large highway truck. The new toilet shall be placed in the same hole as the existing toilet. The existing concrete toilet and vault shall be pumped and disposed of in a public landfill.

(c) Price Range. Between $25,000 and $100,000.

(d) Pre-Bid Conference and Tour. A pre-bid conference/tour will not be conducted. Prospective offerors are encouraged to visit the project sites prior to submitting a bid.

(e) Start Work. It is estimated that work will begin Around May 1, 2010. Specific installation dates will be coordinated with the concrete toilet manufacture.

(f) Period of Performance. All work must be completed by November 30th, 2010. Once work is started at a specific toilet location no excavation shall be left open more than one day unless approved by the CO.

C-2 STATEMENT OF WORK/SPECIFICATION (AGAR 452.211-72) (FEB 1988). The contractor shall furnish all the necessary personnel, material, equipment services and facilities (except as otherwise specific), necessary to perform the work.

C-3 GOVERNMENT-FURNISHED PROPERTY. The Government will provide the following items(s) of Government property to the Contractor for use in the performance of this contract.

ITEM

LOCATION

Precast Concrete Toilet and vault

See C-1 (b) project locations: contractor will

Supplier Missoula Concrete schedule delivery with supplier

SECTION D PACKAGING AND MARKING

INTENTIONALLY BLANK

SECTION E - INSPECTION AND ACCEPTANCE

E - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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

F – 1 The contractor shall commence work under this contract within 10 calendar days after receiving the Notice to Proceed and complete the work no later than November 30, 2010.

F -2 The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when flexible netting maintenance and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.1 Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification. When such conditions make work impracticable, or other conditions create extreme conditions that are unsafe for contract work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

F – 3 - FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

SECTION G - CONTRACT ADMINISTRATION DATA

G-3 - INCIDENTAL PAYMENT ITEMS 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.

G-4 - FINAL PAYMENT The amount of the final payment will be calculated as described above and approved for payment after--

(a) Completion and acceptance of all work in each Item;

(b) Presentation of a properly executed invoice; and

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H – 1 - KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal (experience questionnaire) and that list may include the following:

· CONTRACTOR REPRESENTATIVE

· FOREMAN/FOREWOMAN

· INSPECTOR

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H – 2 - FIRE CONTROL

H.2.1. 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.

H.2.2. 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 his employees, the Contractor when requested by the Contracting Officer shall place his 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.

H.2.3. 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.

H.2.4. An equitable adjustment in contract time may be made for this period.

H.2.5. 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 his operation under the contract.

H.2.5.1. 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 H.2.5.2. and H.2.5.4. below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required 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.

H.2.5.2. 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:

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

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

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

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

H.2.5.3. 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.

H.2.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

b. 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.

H.2.5.4.1. 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.

H.2.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.2.5.6. 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.

H.2.5.7. 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.

H.2.5.8. 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.

H.2.5.9. 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.

H.2.5.10. 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.

H.2.5.11. 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.

H.2.5.11.1 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:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. 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.

H.2.5.12. Pump and Trailer. Not required.

H – 3 - PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, slash treatment, camping/worksite plan, communications, and fire prevention plans shall be finalized in writing.

H - 4 - EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701) (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The Contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the Contractor employs unauthorized workers during contract performance in violation of Section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, Contractors should contact the Employer and Labor Relations Officer of their local INS office.

H – 5 - LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (FSAR 4G52.222-702) (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor Contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to tree planting, release, pre-commercial thinning, site preparation, and wildland fire fighting.

(b) Definitions "Migrant Agricultural Worker" and "Seasonal Agricultural Worker,” as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the Contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor," as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any Contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The Contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the Contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The Contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The Contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The Contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for Contractor's use in disclosure.

(ii) The Contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the Contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The Contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the Contractor's certificate. If the Contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the Contractor must be registered as a farm labor Contractor or a farm labor Contractor employee.

(ii) Any vehicle under the ownership or control of the Contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the Contractor that is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy that covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The Contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The Contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the Contractor's certificate.

(e) For further information on the requirements of the Act, Contractors should contact their local Wage and Hour Division of the Department of Labor.

H - 6 - FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H – 7 - PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation

H-8 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance. An EMS identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls already in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of WUI or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

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 with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

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

The contractor is responsible for the safety of the public and the safe passage of vehicles on the 250 road when work is being done on adjacent roads above Road 250 where rock and other debris may fall or roll to the road. Temporary closures (less than 1 hour) or Flaggers may be necessary. Additional signs would be required also.

…As a minimum, it is anticipated that the following type and number of signs will be required:

LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

ENVIRONMENTAL PROTECTION

Prevention of Oil Spills.

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Equipment Fuel/Oil Leakage.

All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws and other hand power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, will be available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to national forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H – 9 - 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…