AG-82B1-S-10-0427 Body.pdf

Williams Dam Restoration AG-82B1-S-10-0421

SECTION B – SERVICES AND PRICES

SECTION C - DESCRIPTION AND SPECIFICATIONS……………………………………………………………………………7

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

SECTION D - PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (APR 1996)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009) 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009) 52.236-4 Physical Data. (APR 1984) SECTION I – Contract Clauses 52.204-7 Central Contractor Registration. (APR 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (JUL 2010) 52.214-26 Audit and Records—Sealed Bidding (Mar 2009) 52.222-8 Payrolls and Basic Records. (FEB 1988) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.228-1 Bid Guarantee. (SEP 1996) 52.228-15 Performance and Payment Bonds - Construction. (NOV 2006) 52.236-8 Other Contracts. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (AUG 2009) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 452.228-70 Alternative Forms of Security. (NOV 1996) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.204-8 Annual Representations and Certifications. (FEB 2009) 52.209-5 Certification Regarding Responsibility Matters. (DEC 2008) 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents 52.216-1 Type of Contract. (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.233-2 Service of Protest. (SEP 2006) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

SECTION M – EVALUATION FACTORS FOR AWARD

52.214-10 Contract Award - Sealed Bidding. (JUL 1990)

SECTION B – SERVICES AND PRICES

WILLIAMS DAM RESTORATION MEDORA RANGER DISTRICT

DAKOTA PRAIRIE GRASSLANDS GOLDEN VALLEY

COUNTY, NORTH DAKOTA

B -1 SCHEDULE OF ITEMS

BASE ITEM #1 – 2010 ARRA Williams Dam Restoration

*Method Estimated Pay Unit Amount Item No. Item Description of Meas. Quantity Unit Price Bid_____

210 Mobilization LS 1 LSQ $________$__________

202 Site Preparation 202(a) Structure Location LSQ 1 LS $________$__________ 202(b) Trails, Pier, Platform CY-P 35 CQ $________$__________ 202(c) Emergency Spillway CY-P 480 CQ $________$__________

203 Excavation 203(a) Structure Location CY-P 1184 CQ $________$__________ 203(b) Basin Bottom CY-P 31303 CQ $________$__________ 203(c) Emergency Spillway CY-P 2387 CQ $________$__________

204 Embankment Construction 204(a) Structure Location CY-INC 2387 N/A 203(b) Main Dam Reconstruct CY-P 200 CQ $________$__________

301 Water Control Structure 301(a) 12 L.F Agridrain (8”) LS 1 LSQ $________$__________ 301(b) 96” Ø RCM LS 1 LSQ $________$__________ 301(c) 36” Ø RCM LS 1 LSQ $________$__________ 301(d) Cone Trash Rack LS 1 LSQ $________$__________

303 Culvert Supply & Installation 303(a) 54” Ø Gasketed III RCP LF 64 CQ $________$__________ 303(b) 54” Ø RCP Flared End LS 1 CQ $________$__________ 303(c) 8” Ø SDR 35 PVC Pipe LF 143 CQ $________$__________ 303(d) 8” Slotted Well Screen LF 50 CQ $________$__________

305 Riprap Revetment & Aggregate Placement 305(a) Sand Chimney/Envelope CY-P 153 CQ $________$__________ 305(b) NDDOT Class V Aggreg CY-P 43 CQ $________$__________ 305(c) Pea Rock Aggregate CY-P 3 CQ $________$__________ 305(d) ¾” Crushed Rock Base CY-P 4 CQ $________$__________ 305(e) ¾” to 1-1/4” Washed Rock CY-P 24 CQ $________$__________ 305(f) 3” to 6” Cobble Rock CY-P 8 CQ $________$__________ 305(g) RipRap – DU Class II CY-A 412 AQ $________$__________

311 Removal of Existing Structure (Concrete Spillway) Structure Removal LS 1 LSQ $________$__________

402 Seeding & Mulching LS 1 LSQ $________$__________

505 Reservoir Drawdown LS 1 LSQ $________$__________

Total Base Item #1 $____________________

Option Item #1

619 Fencing, Gates & Cattle Guards 619(a) Fence Removal LF 310 AQ $________$__________ 619(b) Fencing (gates, braces inc) LF 1500 AQ $________$__________ 619(c) CattleGuard (1 move, 1 new) Each 2 AQ $________$__________

Total Option Item #1 $____________________

Total Base Item 1&Option Item #1 $____________________

*Designated method of measurement

CQ - contract quantities AQ - actual quantities VQ - vehicle quantities LSQ - lump sum quantities SQ - staked quantities GFM – Government Furnished CY-P – Cubic Yard Planned Material CY-A – Cubic Yard Actual N/A – not applicable CY-INC – Cubic Yard Incidental

Contractor Name: Phone:

Signature: Fax:

Email:

Address: Tin:

City, State, Zip: DUNS:

52.217- 5 - Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

SECTION C - DESCRIPTION AND SPECIFICATIONS

C- 1 - PROJECT DESCRIPTION AND LOCATION

1.01 Scope of Work. This project is for the repair of Williams Dam on the Medora Ranger District, Dakota

Prairie Grasslands. The services required by this contract are for furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to accomplish the repair of the dam indicated herein in compliance with the terms, conditions, specifications, and provisions of the contract.

1.02 Project Location. Williams Dam Repair Project is located on the Medora Ranger District of the Dakota

Prairie Grasslands. Location is approximately 20 miles on Highway 16 South of Beach, ND, 5 miles east on County Road, and then approximately 2 miles south on Road 775 to the start of the project in Section 8, Township 136 North, Range 105 West 5th FPM, Golden Valley County, North Dakota.

1.03 Pre-Bid Tour. No pre-bid tour will be conducted; however, bidders are encouraged to visit the project.

Interested parties may contact Curt Grudniewski @ the Medora Ranger District, 1-701-227-7856.

1.04 Price Range.- Between $250,000 and $500,000

1.05 Estimated Start Date/Period of Performance. It is estimated that work will begin September 1, 2010.

Work shall be completed by July 1, 2011.

1.06 Government furnished materials. NA

1.07 Work Scheduling. The Contractor shall supply a work schedule before starting the project. The Contractor shall notify the Contracting Officer, 24 hours in advance of changes in their proposed work schedule.

1.08 Transportation of Equipment. The transportation of equipment to and from the job shall be included in mobilization specification.

1.09 Utilities. The contractor is responsible for location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractors expense. Contact North Dakota One Call prior to any ground disturbance.

C-2 - GENERAL CONDITIONS

The following general conditions are applicable to this contract and are physically included:

SPS 101 General Conditions 4/10 DPG-DU SPS 102 Supplemental Conditions 4/10 DPG-DU SPS 201 Mobilization 4/10 DPG-DU SPS 202 Site Preparation 4/10 DPG-DU SPS 203 Excavation 4/10 DPG-DU SPS 204 Embankment Construction 4/10 DPG-DU SPS 205 Water 4/10 DPG-DU SPS 206 Construction Topography 4/10 DPG-DU SPS 301 Water Control Structures 4/10 DPG-DU

SPS 302 Structure and Culvert Appurtenances 4/10 DPG-DU SPS 303 Culvert Installation 4/10 DPG-DU SPS 305 Riprap, Revetment, & Aggregate Placement 4/10 DPG-DU SPS 311 Removal of Existing Culverts And Structures 4/10 DPG-DU SPS 401 Soil Erosion and Pollution Control 4/10 DPG-DU SPS 402 Seeding and Mulching 4/10 DPG-DU SPS 505 Reservoir Drawdown 4/10 DPG-DU SPS 619 Fences, Gates and Cattleguards 4/10 DPG

C-3 STANDARD SPECIFICATIONS

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03” (2003) 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.

The “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03”

2003 are available electronically from the Federal Highways website:

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

The current version of the FP-03 is out of print and Federal Highways does not plan on printing more.

The following Standard Specifications are applicable to this contract.

101 Terms, Format, and Definitions 103-109

General Requirements Removal of Structures and Obstructions

619 Fences, Gates, and Cattleguards

Note: Any additional specifications referenced in the above specifications are also applicable to this contract.

C-4 PROJECT DRAWINGS

Sheet No. Description

1 Title Sheet, location map, vicinity map, estimated quantities 2 Topography and Existing Dam 3 Plan view topography and project overview north side 4 Plan view topography and project overview south side 5 Roadway, trail and platform plan and profile views 6 Embankment, structure fill and emergency spillway 7 Plan and profile RCP pipeline, RCP details 8 Riser, agridrain and trashrack details 9 Perforated pipe plan, profile and section views 10 Fence, gates and cattleguard details

452.211-72 Statement of Work/Specifications. (FEB 1988)

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

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

(End of Clause)

SECTION D - PACKAGING AND MARKING

PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

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

SECTION E--INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work. (APR 1984)

52.242-15 Stop-Work Order. (AUG 1989)

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 July 1, 2011. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved will be submitted to the COR and approved by the Contracting Officer.

SECTION G - CONTRACT ADMINISTRATION DATA

G1 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) 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 Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

OTHER FACTORS AFFECTING THE WORK

Safety. This administrative site will be open to the public and Government personnel during construction operations under this contract. Site shall be kept clean, safe, and professional during contract period. The contractor shall provide for the safety of the public and others present within the site, including preventing fall hazards for open trenches, protection from wires and electric shock, and maintaining a safe working space between moving machinery and the public. Roads shall be barricaded closed to prevent access to work sites.

All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

Disposal Site.

All materials to be disposed of by the Contractor shall be removed from the project site and disposed of at an acceptable site. It is the Contractor’s responsibility to locate an acceptable disposal area, and to pay all costs involved in the disposal of materials.

Clean Up.

The Contractor shall maintain the work area in a clean and orderly condition. The work area shall be cleaned at the end of each workday. The work area shall be thoroughly cleaned of waste materials and debris at the end of construction

ARCHEOLOGICAL PRESERVATION

The entire area is a potential archeological site. Confine operations to within the cleared construction areas.

Any work outside the proposed construction area must be approved by the contracting officer and done with the forest archeologist present. Any work must be halted if artifacts are uncovered.

LANDSCAPE PRESERVATION

Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment.

Confine operations to within the area 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 as directed by the Contracting Officer. Preserve the scenic and natural environment along this construction project.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits. Repair any damage to vegetation or structures outside the project limits as directed by the Contracting Officer

ENVIRONMENTAL PROTECTION

Prevention of Oil Spills. The contractor is required to have a spill plan. 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. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

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 that has been 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.

FIRE CONTROL (FS 236-1)

(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 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.

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 his 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 a 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 when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

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

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

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

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

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

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

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

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

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

(12) Pump and Trailer. NOT USED

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

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

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

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

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges.

Piles shall be patrolled during off-work hours to avoid wildfires.

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

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

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. (JUL 2010)

(a) Definitions. For definitions related to this clause (e.g., contract, first-tier subcontract, total compensation etc.) see the Frequently Asked Questions (FAQs) available at http://www.whitehouse.gov/omb/recovery_faqs_contractors. These

FAQs are also linked under http://www.FederalReporting.gov.

(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 the Contractor for all work funded, in whole or in part, by the Recovery Act, are due no later than the th day following the end of each calendar quarter. The Contractor shall review the Frequently Asked Questions (FAQs) for Federal Contractors before each reporting cycle and prior to submitting each quarterly report as the FAQs may be updated from time-to-time. The first report is due no later than the 10 th day after the end of the calendar quarter in which the Contractor received the award. Thereafter, reports shall be submitted no later than the 10 th day after the end of each calendar quarter. For information on when the Contractor shall submit its final report, see http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(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 address the impact on the Contractor’s and first-tier subcontractors’ workforce for all first-tier subcontracts valued at $25,000 or more. 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 and all first-tier subcontracts valued at $25,000 or more, in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recorery_faqs_contractors.

(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 valued at $25,000 or more and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in paragraphs (d)(1)(i), (ix), (x), (xi), and (xii) of this section 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.

(xii) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and address the impact on the subcontractor’s workforce. At a minimum, the subcontractor shall provide—

(A) 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 subcontractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(B) An estimate of the number of jobs created and jobs retained by the subcontractor in the United States and outlying areas. A job cannot be reported as both created and retained. See an example of how to calculate the number of jobs at http://www.whitehouse.gov/omb/recovery_faqs_contractors.

(End of clause)

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction material" means--

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) This requirement does not apply to the construction material or components listed by the Government as follows: None

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Cost Comparison

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

Item 1:

Foreign construction material [ ] Domestic construction material [ ]

Item 2:

Foreign construction material [ ] Domestic construction material [ ]

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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 plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to November 1.

(c) Transportation Facilities. Williams Dam Repair Project is located on the Medora Ranger District of the Dakota Prairie Grasslands. Location is approximately 20 miles on Highway 16 South of Beach, ND, 5 miles east on County Road, and then approximately 2 miles south on Road 775 to the start of the project in Section 8, Township 136 North, Range 105 West 5th FPM, Golden Valley County, North Dakota.

SECTION I – Contract 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)

52.204-4 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)

52.214-6 Explanation to Prospective Bidders. (APR 1984)

52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

52.219-14 Limitations on Subcontracting. (DEC 1996)

52.222-3 Convict Labor. (JUN 2003)

52.222-4…