IFB Solicitation 0250.doc

AG-82B1-S-10-0250 Page 84 of 84

INTERMOUNTAIN ECONOMIC 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-10-0250

bids are solicited for: NON-ERFO FOOD REPAIR EAST SIDE COEUR d’ALENE RIVER RANGER DISTRICT, IDAHO PANHANDLE NATIONAL FORESTS/SHOSHONE COUNTY, IDAHO important – notice to bidder:

at a minimum, bidder shall submit the following documents back with AS their response to this solicitation:

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

2. Section B – Schedule of Items (Pages 5-15). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 72-83). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Bid Guarantee

5. Amendments (If Applicable) it is required that you write the solicitation/bid number on the outside of your envelope.

Return to:

Intermountain EROC

740 Simms Street

Golden, CO 80401 ATTN: George Jackson 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 bidders responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

Table of Contents

PART I – THE SCHEDULE

· SECTION B – Supplies or Services and Prices/Costs

· SECTION C – Descriptions/Specifications/Statement of Work

· 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

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82B1-S-10-0250

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

04/19/10

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379800

6. PROJECT NO.

CIM-0104-16K

7. ISSUED BY

CODE

USDA, Forest Service

Intermountain EROC 740 Simms Street

Golden, CO 80401 USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401

9. FOR INFORMATION

CALL:

A. NAME

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

(406) 487-6760

SOLICITATION

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

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

non-erfo flood repair east side Coeur d’Alene river Ranger District

Idaho Panhandle National Forest/Shoshone County, Idaho Price Range The Government's estimate is between $100,000 and $250,000.

This solicitation and any resulting contract will utilize funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009. Inclusion of unique clauses and provisions required in implementing the Act, including those for significant reporting and transparency, will be required of the successful offeror(s).

11. The Contractor shall begin performance within 10 calendar days and complete it within 152 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F clause 52.211-10)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. MST (hour) local time 05/19/10 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required. (If “is required” see clause 52.228-1) C.

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

D.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e) OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

Intermountain EROC

740 Simms Street

Golden, CO 80401

USDA, National Finance Center P.O. Box 60000

New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 151-2.8 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.”

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Compaction A

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 412-12.7

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 412-14.8

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 412-15.2

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 412-15.3

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Signs and Post, Object Marker, Type III (OM-3L), Color Yellow & Black, Furnish & Install

A.Q.

EA.

Signs and Post, Object Marker, Type III (OM-3L), Color Yellow & Black, Furnish & Install A.Q.

EA.

Warning Sign & Post, Road Narrows (W5-1), Furnish & Install A.Q.

EA.

Clear & Grub, Slash Treat T&L 4, Log 4, Stumps 4, UOT 2

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 412-22.9

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 805-4.20

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 805-4.21

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 805-4.3

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 2321-0.1

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION B – SERVICES AND PRICES

NON-ERFO FLOOD REPAIR EAST SIDE

Coeur d’Alene River Ranger District

Idaho Panhandle National Forests / Shoshone County, Idaho Site 2349-0.6

B-1 - SCHEDULE OF ITEMS.

Contractor must bid on all items.

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

172(03)

173(02)?

Subtotal

Grand Total of All Items

B-2 - NOTE: 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 601(01) Mobilization.

*Designated Method of Measurement: DQ – Designed Quantities; AQ - Actual Quantities; LSQ - Lump Sum Quantities.

SECTION C--DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION.

(a) - Description of Work. This solicitation describes work that includes but is not limited to culvert removal and installation, road repair and installation of rock vanes. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and incidentals (except Government-furnished materials) to perform all work specified herein.

(b) - Project Location.

Eagle Creek Area From the Coeur d’Alene River Ranger District in Coeur d’Alene Idaho travel 28.5 miles East on I-90 and take Exit 43 (Kingston). Turn left and travel upriver 23.1 miles on FH9 to Prichard. At the “Y” bear right and travel East 2.7 miles on FH9 to the Eagle Creek turnoff and turn left on Forest Road 152. Travel 1.5 miles to Forest Road 805. and turn left. The road repair sites are located at the following mileposts: 4.2, 4.21, 4.3 Section 5 of T.50N. R.5E.

From the junction of FH9 and Forest Road 152 travel 0.9 miles North on Road 152 and turn right on Forest Road 2349. The road repair site is located at milepost 0.6.

Section 25 of T.50N. R.4E.

Shoshone Creek Area From the Coeur d’Alene River Ranger District in Coeur d’Alene Idaho travel 28.5 miles East on I-90 and take Exit 43 (Kingston). Turn left and travel upriver 23.1 miles on FH9 to the Prichard. At the “Y” bear left and continue 6.1 miles on Forest Road 208 and turn right on Forest Road 412. Travel 6.7 miles North and turn right on Forest Road 2321. There is a closed and locked gate on this road. Travel 0.1 miles to the road repair location. Section 9 of T.51N. R.4E.

From the junction of Roads 208 and 412 travel North on Road 412. The road repair sites are located at mileposts 12.7, 14.8, 15.2, 15.3, and 22.9. Section 7 of T.52N. R.4E., Section 25 of T.53N. R.3E., Section 16 of T.53N. R.3E.

From the junction of Roads 208 and 412 travel North on Road 412 for 6.1 miles. Bear right on Forest Road 151 and travel 2.8 miles to the culvert installation site. Section 18, T.50N. R.5E.

(c) - Price Range. The government estimate is between $100,000 and $200,000

(d)– Pre-bid Meeting. None.

(e)– Start Work. June 1st, 2010.

(f)– Period of Performance. Completion by October 31, 2010

C-2 - GOVERNMENT-FURNISHED MATERIAL. Rock C- 3 - STANDARD SPECIFICATIONS. "Forest Service Specifications for Construction of Roads & Bridges” (August 1985) 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 "Forest Service Specifications for Construction of Roads & Bridges" (April 1985) are available in loose leaf form from the Idaho Panhandle National Forests, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815-8363 or by calling (208) 765-7234.

The following Standard Specifications are applicable to this contract and are physically included in this section as a convenience to Bidders who have the limited edition ("Forest Service Specifications for Construction of Roads & Other Major Drainage Structures," April 1985):

SPEC NO.

TITLE

DATE

PAGE(S)

Section 206A

Excavation for Culverts

4/1985

& Minor Structures

Section 304

Aggregate Base or

Surface Course

Section 306

Reconditioning Existing

Road

Section 637

Equipment Rental

4/1985 4 The following Standard Specifications are applicable to this contract.

Section 101 - Abbreviations

Section 102 - Definitions

Section 103 - Intent of Contract

Section 104 - Maintenance for Traffic

Section 105 - Control of Materials

Section 106 - Measurement & Payment

Section 172 - Construction Staking, Offset L-Line

Section 201 - Clearing and Grubbing

Section 202 - Removal of Structures & Obstructions

Section 203 - Excavation & Embankment

Section 204 - Soil Erosion & Water Pollution Control

Section 205A- Haul

Section 206A- Excavation for Culverts & Minor Structures

Section 304-

Aggregate Base or Surface Course

Section 306 - Reconditioning of Roadbed

Section 601 - Mobilization

Section 603 - Metal Pipe

Section 611-

Development of Pits & Quarries

Section 619 - Riprap

Section 625 - Seeding & Mulching

Section 713 – Road Imporvement Materials

C- 4 - SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included in this section:

PAGES

SPS 101 -

Abbreviations

(3/1/10)

SPS 102 -

Definitions

(4/96)

SPS 104 -

Maintenance for Traffic

SPS 106 -

Measurement & Payment

SPS 172 -

Construction Staking, Offset L-Line

SPS 201 -

Clearing and Grubbing

SPS201A -

Roadway Brushing

SPS 202 -

Removal of Structures & Obstructures

SPS 203 -

Excavation & Embankment

SPS 204 -

Soil Erosion & Water Pollution Control

SPS 205A -

Haul

(3/1/10

SPS 206A-

Excavation for Culverts & Minor Structures (3/1/10)

SPS 304-

Aggregate Base or Surface Course

SPS 306 -

Reconditioning of Roadbed

SPS 601 -

Mobilization

SPS 603 -

Metal Pipe

SPS 611-

Development of Pits & Quarries

SPS 619 -

Riprap

SPS 625 -

Seeding & Mulching

SPS 633 -

Signs

SPS 637 -

Equipment Rental

SPS 651 -

Stream Enhancement Structures (3/1//10)

SPS 713 -

Roadside Improvement Materials

(4/96)

SPS 718-

Sign Materials

(3/1/10) 3

C- 5 - DRAWINGS

The following drawings are a part of this solicitation and any resulting contract:

SHEET NO.

Cover Sheet

Summary of Estimated Quantities

Sign Plan

General Notes

Road Typicals

Site Cross Sections/Construction Notes

6-13

Rolling Dip

Sediment Basin

Culvert Details

Coupling Band Details

17-19

Riprap/Culvert Placement

Rock Vane

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO clauses in this Section)

SECTION E--INSPECTION AND ACCEPTANCE

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

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

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/ 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

52.242-14 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 within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 30, 2010. The time stated for completion shall include final cleanup of the premises.

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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

452.236-72 Use of Premises (NOV 1996)

H-1

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

H- 2

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

· On-Site Project Superintendant

· Quality Control Official

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-3

BLASTING.

The Safe Explosives Act is now in effect. The legislation is in 2 parts and contains 5 major provisions. Effective January 24, 2003 is a new “prohibited persons categories.” Effective May 24, 2003 includes requirements for Federal licensing, more thorough ATF background checks, and storage inspections. The law affects all current Federal explosives licensees and permittees, responsible persons, and employees authorized by those licensees and permittees to possess explosive in the course of their employment. It also affects anyone who wishes to receive or possess explosives in interstate or intrastate commerce. For licensing and further information, please call the ATFE National Processing Center (404) 417-2750.

The Contractor shall comply with federal, state and local regulations relating to explosives transportation, storage and use, including the newly enacted Safe Explosives Act of 2002. This act contains new federal licensing and permitting requirements along with an expanded list of persons prohibited for possessing explosive. For permits and further information, please call the ATFE National Processing Center (404) 417-2750.

H-4

REQUIREMENTS FOR OPERATIONS CONTEMPLATING USE OF EXPLOSIVES

Reference the following Section I clauses regarding Contractor responsibilities:

Permits and Responsibilities (FAR 52.236-7

Accident Prevention (FAR 52.236-13)

Prior to any activity involving the use of explosives and/or related components, the Contractor shall submit for the Contracting Officer’s review: a Blasting Operating Plan, a Blast Plan, and a resume of the blasting contractor’s experience. Such review is for informational purposes only and does not constitute acceptance or rejection of the methods, explosives, or equipment used for blasting by the Contractor.

The Operating Plan shall be submitted at least 72 hours prior to start of blasting and shall address the Contractor’s means and methods of compliance with all Federal, State, and Local laws pertaining to the transportation, handling, storage, and use of explosives and related components, This includes:

Precautions needed to maximize safety and protect employees of the Contractor and the Government and members of the general public during blasting operations.

Emergency Plan to account for transportation vehicle accident or breakdown if Contractor is transporting. Evidence of the drivers CDL with Hazardous Transportation Endorsement.

Use and placement of flaggers and guards, type of warning for the shots.

A means of recording and accounting for all explosive items and components brought to, used, and removed from the contract area. These records shall be made available for review of the Contracting Officer or designated representative upon request.

The Blast Plan shall include, but is not limited to, the following: Methods proposed to prevent damage to resources and property outside the immediate blast area by minimizing erth vibrations, air blast, and thrown fragments and methods taken to minimize environmental damage.

No blasting shall be conducted until the Contracting Officer, or designated representative, have been given a reasonable opportunity to review the submittals.

All blasting and warning shall be conducted in accordance with: the Warnings and Instructions adopted by the Institute of Makers of Explosives (IME) contained in every box of explosives and blasting caps; the Code of Federal Regulations and State and local laws and regulations; shall meet or exceed all OSHA safety regulations; signing shall conform to MUTCD Standards.

H-5

LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall 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. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer. The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H- 6

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.

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.