RomboGravel_B-M.doc

AG-82B1-S-10-0328

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST

GRAVEL CRUSHING & STOCKPILING

Rombo Pit West Fork Ranger District

Bitterroot National Forest

Ravalli County, Montana

B-1 – SCHEDULE OF ITEMS

Rombo Pit (ITEM #1) crush on-site waste pile into specified gravel

ITEM

ESTIMATED

PAY UNIT

ITEM NO.

DESCRIPTION

MM*

QUANTITY

UNIT

PRICE

AMOUNT

15101

Mobilization**

LSQ

1.0

LS $_________

32001 Stockpiled Aggregate, AQ

3000*

CY $_________

Type Surfacing, Grading F-SR Government designated material source

TOTAL AMOUNT QUOTED $_________

*Material to be crushed for Item #1 is a stockpile created by cleaning slough rock from roadside ditches. The Gov’t estimates that this pile contains 3,700 cubic yards, and should produce approximately 3,000 c.y. of finished F-SR crushed aggregate. Contractor shall produce as much finished aggregate as possible from the stockpiled material, and will be paid at the bid unit price for the Actual Quantity of aggregate produced and stockpiled.

Tough Creek Pit (Item # 2) Produce, deliver to site, and create stockpile of specified gravel

ITEM ESTIMATED PAY UNIT

ITEM NO DESCRIPTION MM* QUANTITY UNIT PRICE AMOUNT

15102 Mobilization** LSQ 1.0 LS $_________ $___________ 32002 Stockpiled Aggregate AQ 5,000 CY $________ $___________ Type Surfacing

Grading F-SR or

FS-R with bentonite

TOTAL AMOUNT QUOTED $__________

Rombo Pit (Item #3 ) Produce, deliver to site, and create stockpile of specified gravel

ITEM ESTIMATED PAY UNIT

ITEM NO DESCRIPTION MM* QUANTITY UNIT PRICE AMOUNT

15103 Mobilization ** LSQ 1.0 LS $________ $__________

32003 Stockpiled Aggregate AQ 2,000 CY $________ $__________

Type Surfacing

Grading F-SR or

FS-R with bentonite

TOTAL AMOUNT QUOTED $____________

*Designated Method of Measurement:

AQ – Actual Quantities; LSQ – Lump Sum Quantities

**To Help prevent the spread of weeds, this work will require the Contractor to wash its equipment when specified by the COR. The equipment shall be washed with a pressure washer capable of producing enough water pressure to remove all mineral and organic material from the machine. Before the equipment is moved to the job site, it will be inspected and approved in writing by the COR. This work is included in 15101 Mobilization.

NOTE : The quoter must quote on all items in B-1 Schedule of Items.

B-2 – AWARD DETERMINATION - CONTRACT AWARD WILL BE MADE BY ITEM. THEREFORE, MULTIPLE CONTRACT AWARDS MAY BE MADE. Offers will not be accepted for quantities less than those specified for each item and must be submitted for the total item.

B-3 - INCIDENTAL PAYMENT ITEMS. The intent of the contract is to provide for the completion 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 sub-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.

SECTION C- DESCRIPITON/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract The intent of this contract is to produce a predetermined quantity of crushed aggregate from a designated existing government source, and from a private pit if the Option Items are awarded. Locations of the private pit shall be the responsibility of the contractor.

This contract is for an end product of one to three separate stockpiles of crushed aggregate. Quality control of all work performed to provide the end product is the Contractor’s responsibility. The Government will inspect the work periodically to ensure quality is being met. Measurement of final stockpiled quantity for payment will be by the Forest Service surveying the completed stockpile, unless otherwise agreed to by the Contracting Officer in writing.

Requirements for the government rock source (Rombo Pit, Item #1) are as follows. Contractor shall maintain road into the project area and reclaim the site as outlined in the specifications. The source of material to be crushed is in a Government owned pit on Forest Service land. The material is waste from cleaning slough rock from the roadside ditches along the West Fork Highway. The crushed aggregate shall be stockpiled in the same pit.

Requirements for the private pit (Option Items 1 and 2) are as follows. The contractor shall be responsible for the location, development of pits and producing the specified quantities, on private land for the Tough Creek and Rombo Pit stockpile sites. All permits and other incidentals necessary for the development and reclamation of the pits on private land shall be the responsibility of the Contractor. The quantity to be crushed and stockpiled in the Tough Creek Pit is 5,000 cubic yards and the quantity to be crushed and stockpiled in the Rombo Pit is 2,000 cubic yards.

This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for the end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C-2 Location and Description The directions to the location for the stockpile pits are as follows:

Rombo Pit: approx. 4 miles south of Darby, MT on Hwy US 93, go west on the West Fork Highway. 18.8 miles west of US 93 the pit is on the north side of the West Fork Highway. Access is by a short access road from the West Fork Highway.

Tough Creek stockpile pit-. approx. 4 miles south of Darby, MT on Hwy US 93, go west of the West Fork Highway.

14.4 miles west of Hwy US 93, go right on the Nez Perce Road #468. Proceed 6.9 miles to the junction of Tough Bonnie Blue Road #5644. Turn left and proceed 0.27 miles. Stockpile site is the old road-side pit on the left side of the road.

C-3 Site Visit No site visit is planned for this project. For further information, please contact Rich Raines at the Bitterroot National Forest Supervisors Office, (406) 363-7178.

C-4 Government -Furnished Property Aggregate source at the Rombo Pit.

C-5 General Specifications: Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units.

C-6 Technical Specifications: See Section J-2 Additions to the Technical Specifications:

1. Sec. 106- All quality control and quantity measurements are the responsibility of the Contractor and are subsidiary to item 320. No separate payment will be made.

Do not haul material or perform any work that closes a road to public travel between

5 p. m. Friday and 6 a. m. the following Monday.

The Rombo Pit will be closed to the general public during active operations.

2. Sec. 108- Do not haul material or perform work that closes a road to public travel during the General Big Game Season, October 23 to November 28. However, verify dates with the COR.

3. Sec. 151 – Remove all mud, dirt and plant parts from all equipment, i.e. excavator/loader, dozer, before moving into any project area. Cleaning must occur off National Forest lands. This does not apply to service vehicles that will stay on the roadways, traveling frequently in and out of the project areas.

4. Sec. 156 – Signing during operations shall be as follows;

A 48” x 48” TRUCKS HAULING sign shall be placed as follows:

Nez Perce Rd # 468 – at the intersection with the West Fork Highway and 200 feet west of the Tough Bonnie Blue Road #5644. (For Item #1 only).

A 48” x 48” TRUCKS ENTERING sign shall be placed as follows: West Fork Highway, either side of the Rombo Pit access road. ( Item #2 only).

Note: Signs are required at any site only when hauling is taking place. All signs shall conform to MUTCD standards.

Rombo Pit - One American Recovery and Reinvestment Act sign, per specifications included in this contract shall be procured and posted at the pit access road while work is in progress. This sign shall be the size for slow moving traffic (42” x 27” overall dimensions.

Sec. 156- Nez Perce Road # 468, and Tough Bonnie Blue Road #5644 shall remain open to public travel during Contractors operations.

5. Sec. 156 – Contractor is responsible for public safety of vehicles driving open roads while trucks are hauling. Contractor may use flaggers and or pilot cars if necessary. No separate payment shall be made and any costs associated shall be incidental to items 32001, 32002, and 32003.

6. Sec.158 - Temporary dust abatement shall be provided as needed for safety visibility during hauling and shall be subsidiary to Item 320 and no separate payment will be made.

7. Sec. 320 – Contractor shall submit a water operation plan to the COR for approval prior to starting work. The cost of developing a water supply, hauling and applying water is subsidiary to Item 32001 and no separate payment will be made.

8. Sec. 320- Reclamation- after crushing operations are completed any slopes that have been disturbed shall be left at a stable slope angle. Oversize material that did not pass through the crusher or was screened out shall be neatly stockpiled on site in one or more locations approved by the C.O.R. Unusable woody material shall be neatly piled in a location approved by the C.O.R.

9. Sec. 320 – Item 1 – Only gradation tests will be required, plus one Los Angeles Abrasion AASHTO T96 test, as this is a government designated material source. This LAA test is for gov’t. information only.

For Items #1 & #2 all tests listed in Special Project Specifications 703.05 (b) Surface Course Aggregate are required. Testing frequency is described in Section 301, Table 301-1, in the FP-03 Standard Specifications for construction of Roads and Bridges on Federal Highway Projects.

For Items #1 & #2 the material source (contractor’s pit) for the aggregate shall be free of the presence of the following weeds of concern: Blueweed, Hawkweed, Dalmation Toadflax, Yellow Star Thistle, Leafy Spurge, Common Bugloss, C-7 Government Quality/Quantity Assurance Quality assurance will be performed by the Forest Service during the contract at regular intervals. Methods may include but not limited to visual survey and review of Contractor quality control documents. Government may survey completed stockpiles to determine volume in cubic yards. Deductions for work may include rework at no cost to the Government or Government acceptance with a price reduction.

C-8 Contractor Quality Control The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government and throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within 30 days after contract award or prior to start of work, whichever comes first. The plan shall include; (1) location of the inspection documents and (2) corrective or preventive actions that will be taken to meet quality standards.

SECTION D – PACKAGING AND MARKING LEFT BLANK

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 Regulation may be accessed at www.usda.gov/procurment/pol;icy/agar.html

FEDERAL ACQUISITION REGULATION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E-2 Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor’s Quality Control Procedures, plan, inspection reports and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review, bi-weekly, but may be done more frequently if necessary.

(c) Work that does not meet the contract requirements will be brought to the Contractor’s attention. Respective or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor’s right to proceed may be terminated.

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 clause may be accessed electronically at this address www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 10 CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

52.252-17 Government Delay of Work (APR 1984)

F-2 Performance Period Item No. Approximate Starting Date Contract Time (Calendar Days) Item# 1 Not before 8/01/2010 all work to be completed by 10/01/2011 Ravalli County Road & Bridge Department has stockpiled chip seal material in the Rombo Pit. They expect to have this material out of the pit and placed on the West Fork Highway by the end of June 2010. Start date for Item 1 and Item #2 is after the county has finished removing the chips from the Rombo Pit, both to prevent conflict between two simultaneous operations and so the site of the chip stockpile is available for the new gravel stockpiles.

Item #2 Not before 6/01/2010 all work to be completed by 10/01/2011

Access to the Tough Creek Pit is closed to wheeled vehicles between December 1 and March 31.

Item #3 Not before 8/01/2010 all work to be completed by 10/01/2011

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.

The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

SECTION G - CONTRACT ADMINISTRATION DATA LEFT BLANK

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H. 1 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, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H. 2. 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 insure 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. 3. 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 insure 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, means 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.

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply.

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

· Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

· Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

· Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

(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. 4 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. 5

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-6 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements.

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.

(d) The Contractor shall report the following information, using the online reporting tool available at 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:

(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—

(1) 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.

(End of Clause)

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. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.214-26 Audit and Records –Sealed Bidding, Alternate 1 (MAR 2009)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997)

52.219-8 Utilization of Small Business Concerns. (MAY 2004) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.225-14 Inconsistency between English Version and Translation of Contract. (FEB 2000)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-3 Patent Indemnity. (APR 1984)

52.229-3 Federal, State, and Local Taxes. (APR 2003)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limitation on Withholding of Payments. (APR 1984)

52.232-17 Interest. (OCT 2008)

52.232-23 Assignment of Claims. (JAN 1986)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

52.246-04 Inspection of Services -- Fixed-Price (Aug. 1996)

52.246-25 Limitation of Liability - Services. (FEB 1997)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

I-2 - AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless accepted elsewhere in the contract the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

I-3 – CENTRAL CONTRACTOR REGISTRATION (FAR 52.204-7) (JUL 2006)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I-4 - PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

I-5 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

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…