AG-9702-S-10-0559 Solicitation 7-27-2010.doc

SERVICE RFP

PAGE

AG-9702-S-10-0559

EROC-SW

Tahoe National Forest

Seymore Quartz Mine Closure – Bat Culverts

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Refer to Section J

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The Contractor(s) shall furnish all personnel, facilities, equipment, materials supplies, and services (except as may be expressly set forth in this contract as furnished by the government), and otherwise do all things necessary for, or incident to, the satisfactory performance of this contract. Under this contract, the Contractor shall provide the items of work required in Task Order (TO) to remove physical safety hazards associated with Abandoned Mine Lands (AML). Nothing in this contract calls for work associated with hazardous materials (as defined by 49 CFR 105.5 (b)) or under the authority of the Comprehensive Response Compensation Liabilities Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA).

C 1.0 INTRODUCTION

C 1.1 Background

Numerous abandoned mine features are located on National Forest System (NFS) lands administered by the Forest Service. These features pose potential physical safety hazards to the public land users, our employees, and wildlife. There is a need to close these features to protect the public from dangerous abandoned mine workings (sometimes referred to as “features”). The purpose of this contract is to secure remediation services in a manner that insures the closure measures taken are of the highest quality and executed with the highest regard for employee safety.

C 1.2 Scope of Contract

The solicitation is for closure services on NFS land in the Pacific Southwest Region (Region 5). Region 5 encompasses lands in California and small portions of Nevada and Oregon. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as government furnished), and incidentals to perform all work necessary on the areas specified in the TO.

The contract involves the physical closure of one (1) shaft using a wire net closure, and the replacement of a existing gate at the portal with one (1) closure using bat friendly gate designs at the Seymore Quartz mine site. The Contractor(s) will also supply four (4) culverts fabricated with installed bat friendly openings to the Forest Service specifications and the Contractor(s) will supply polyurethane foam (PUF) to the Forest Service. The closures using culverts or polyurethane foam will use Forest Service temporary work force crews for installation.

C 1.3 Access.

Refer to Government-furnished services in Section C.3 and Contractor Requirements in Section C.4 for additional information.

C 2. Definitions And Acronyms

C 2.1 Definitions.

Adit. A horizontal mining excavation similar to a tunnel but closed at one end.

Access point. The point identified for access to AML areas.

Contract Time. See Period of Performance.

Contracting Officer’s Representative (COR). The COR is the on-site contract administrator for the Contracting Officer (CO). The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

Hazardous Material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter.

Period of Performance (also Performance Period or Contract Time). All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Polyurethane Foam. Polyurethane foam or “PUF” is a commercially available product consisting of a two part chemical system that is used to block mine openings.

Quality Assurance. The actions taken by the Government to assess the Contractor’s results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Shaft. A primarily vertical or slightly vertical excavation opening used for ventilation or underground workings, and/or hoisting ore material to the surface.

Stope. A large underground mine opening created by the extraction of ore. Stopes were often excavated to the surface and cause large holes similar to shafts but long and narrow. Occasionally the ground above a stope will subside to the surface and create a dangerous opening.

Tunnel. A horizontal mining excavation open at both ends.

C 2.2 Acronyms.

C 3.0 GOVERNMENT FURNISHED PROPERTY and SERVICES

The property and services that will be provided by the Government are as follows:

C 4.0 CONTRACTOR WORK REQUIREMENTS and STANDARDS

C 4.1 Road Access.

The Contractor may access the areas from roads indicated on project maps.

C 4.2 Site Access.

The Contractor may transport equipment, supplies and personnel from roads to the AML features at the Contractor’s discretion consistent with any restrictions on motorized or other vehicle types specified in the contract/Task Order and with COR approval. Access into work areas may be limited in many cases. The Contractor should consider using small vehicles such as All Terrain Vehicles (ATVs) to accomplish the work. If trails must be improved to accommodate the use of ATVs, the work shall be done in accordance with the FSM 2309.18.4. When this is not possible, and larger equipment is required, all road improvements shall conform to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (fp-03) (Division 200 Earthwork is the applicable section).

C 4.3 Air Transport.

Air Operations are not allowed without prior approval.

C 4.4 Locked Gates.

In cases where AML features are behind locked gates, the Contractor shall close and lock gates after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor is permitted to drive from the locked gate to the access point with only the minimum number of vehicles necessary for efficient transport of the crew.

C 4.5 Orders and Delivery.

The Contractor is responsible for purchasing and transporting all necessary supplies and equipment to the AML areas.

C 4.7 Closure Using Cable-nets

This work shall consist of installing a cable netting closure within an adit or over a shaft or stope including clearing and grubbing excavation of loose material trimming of the adit or shaft, furnishing and securing the cable netting and revegetation of disturbed areas in accordance with these specifications and Illustration J.2.1.3.

C 4.7.1 Materials

Cable used in the net shall consist of ¼” 7x7-14 preformed galvanized aircraft cable, 7000 pounds tensile strength, or Tecco Mesh fabric. Swaged cable clamps shall be brass, stainless or non-corrosive metal and swaged to the cable in the net weaving process. Brass oval sleeve clamps or galvanized steel wire rope clamps will be used in creating the cable end loops.

Rock bolts used to anchor the net shall be the expansion type with minimum pullout strength of 2,000 pound at an embedment depth of 4.5 inches. Anchor Bars shall be “No. 8” (1”) rebar, or better (in accordance with ASTM A-615 grade 60) anchored a minimum depth of 8 inches (8”) into competent rock with an epoxy-resin or an interference fit in drilled holes in solid rock Cement shall be Type II Portland cement conforming to ASTMC150 unless otherwise approved by the COR. Water used for mixing cement shall be potable.

C 4.7.2 Installation

The ¼” cable shall be woven in a grid with six inch (6”) openings unless a bat-accessible opening is specified in the TO in which case 6”x 24” metal framed openings will be required. At all cable intersections, swaged cross cable clamps shall be placed to lock the intersection in position.

Every cable along the exterior edge of the net shall be looped over and clamped to itself using brass or stainless steel oval sleeve clamps or galvanized/plated wire rope clips to form a loop for attachment to an anchor. If wire rope clips are used the nuts must be welded after tightening.

The cable netting shall be attached to anchor bars or rock bolts installed securely to competent rock, or to a steel frame anchored to competent rock, and/or to a constructed concrete stem wall. The ends of the anchors shall have continuous rings welded on or be formed to provide a continuous solid eye for cable attachment. A minimum three feet (3’) of setback will be provided from the edge of the opening.

On sites where the surface material is incompetent, caissons shall be used for anchor points. Caissons will be excavated a minimum three feet (3’) deep and will have a minimum six inch diameter column. A three foot long three quarter inch (3/4”) diameter eye bolt will be centered in the caisson leaving the top three inches 3 exposed. Welding of eyes must be done prior to stringing cable as welding near cables can seriously reduce cable strengths.

Drainage Berms shall be constructed of uncompacted waste rock or excavated material to direct runoff away from the opening. All areas including access routes and work areas that are disturbed by the Contractor or as directed in the TO or by the COR must be revegetated.

C 4.8 Supplying Polyurethane Foam (PUF)

The Contractor(s) will supply the Forest Service with sixty (60) boxes of polyurethane foam (PUF) so that Forest Service temporary resource crews can close hazardous mine openings within the project work areas.

C 4.8.1 PUF Safety, Handling and Transport

Materials shall be stored per the manufacturer’s specifications. All safety precautions outlined by the Polyurethane Division of the Society of Plastics Industries, NFPA, OSHA, EPA, and the manufacturer’s MSDS shall be observed. MSDS and technical Data Sheets shall be on-site and available at all times. The Contractor shall follow all applicable federal, state and local regulations for transport. It is the Contractor’s sole responsibility to obtain any necessary permits for the transportation or application of PUF. In the event of a component leak or accidental discharge of PUF, the Contractor shall follow the procedures listed in section C 5.5 of this document.

PUF AML closures will be by Forest Service personnel.

C 4.9 Fabrication Using Corrugated Metal or ADS Plastic Pipe (Commanly referred to as Culvert Pipe) This work shall consist of fabricating a corrugated pipe for adit closure. See J.2.3.3a & b for corrugated metal adit culverts. The closure grates do not need to open. The Contractor will supply two (2) 36” X 8’ and two (2) 48” X 10’ bat friendly culverts to the Forest Service. *Note-No illustrations are available for using ADS material. The Contractor will adhere to the specifications for bat friendly closures and submit plans for fabrication prior to using ADS material.

C 4.9.1 Materials

Corrugated METAL Pipe (CMP): shall consist of 16 gauge galvanized steel pipe with helical or annular corrugations. The pipe must be free of rust, gaps in seams, holes, and deformations that reduce the inside diameter by more than two inches (2”).

ADS PLASTIC PIPE: shall consist of polyethylene dual wall corrugated pipe.

GATE BARS: Bars shall be 4”x 4”x 3/8” angle iron.

BAR HANGERS: Bar hangers shall be 6”x 6”x 3/8” angle iron.

PINS: Pins shall be 1” diameter steel rod or No. 8 reinforcing or better.

WELDING ELECTRODES: Arc welding electrodes shall conform to ASTM A233. Electrodes shall be coated roads of the size received by the manufacturer for the positions and other conditions of actual use. The Class number shall be E7018. If the material that is receiving the welding is stainless steel then the appropriate welding rod for that material shall be used.

REMOVABLE BAR LOCKING DEVICE: Not required.

C 4.10 Closure with Bat-friendly Gates This section covers the furnishing, fabricating and installation of steel bat gates in accordance with these specifications and Illustrations J.2.3.2 a, b, &c.

Except as modified herein and the details as shown in the Illustrations all work included in this section shall conform to the applicable provisions of the following standard.

A. American Welding Society Standards D1.1, Latest Edition B. Bat Conservation International/American Cave Conservation Association (BCI/ACCA) Guidelines, most recent.

C 4.10.1 Materials

BAT GATE STEEL: Steel material for most segments of the bat gate installation shall be ASTM grade A-36 mild steel for upper portions of gate crossbars, columns, and the sill plates for dry mine openings only.

STAINLESS STEEL: Steel material for portions of the gate installation that will be in contact with water up to the high water mark shall be Stainless Steel 304. This includes sill plates, columns, bottom bar and sill plate pins for all wet mine openings measured high water marks. If the top of the concrete foundation is above the high water mark, stainless steel materials will not be needed.

STEEL COLUMNS: Columns shall be 4”x 4”x 3/8” steel square tubing.

GATE BARS: Bars shall be 4”x 4”x 3/8” angle iron.

SILL PLATE: Sill plate shall be 6”x 6”x 3/8” angle iron or 6” structural channel.

BAR HANGERS: Bar hangers shall be 6”x 6”x 3/8” angle iron.

PINS: Pins shall be one (1) inch diameter steel rod or No. 8 rebar.

WELDING ELECTRODES: Arc welding electrodes shall conform to ASTM A233. Electrodes shall be coated rods of the size received by the manufacturer for the positions and other conditions of actual use. The Class number shall be E7018. If the material that is receiving the welding is stainless steel then the appropriate welding rod for that material shall be used.

REMOVABLE BAR LOCKING DEVICE: Removable bar shall be locked with a McGard ButtonHead Bolt 5/8-11 x 1.50 as shown on drawings.

C 4.10.2 Installation

General

Bat gate installation at the mine portals shall be as specified herein and as shown in the Illustrations. Approximate dimensions are shown in the Illustrations. Exact dimensions for column lengths and spacing shall be determined in the field by the Contractor.

A.

Welding

Contractor shall obtain a welding permit prior to steel bat gate fabrications as per the fire plan. All welding operations shall be performed by a State Certified Welder.

B.

Drilling for Rebar Pins

Contractor is responsible for assessing the potential for rock fall and stability of the opening. The drilled hole shall provide a snug (drive) fit for the rebar pins as shown in the Illustrations.

Gate Installation

A.

Excavate the floor of the adit to expose solid rock. Form the sill level within the opening. The sill shall be anchored with a minimum of three pins driven into the rock floor. The number of pins will be dictated by the length of the sill.

B.

Align the support columns to where the roof of the adit has competant rock, such that each support column is connected to the adit roof with at least one 1”, No. 8 rebar pins (or better)diameter pins.

C.

Support the horizontal steel bars with iron hangers attached to the vertical columns as shown in the Illustrations. Two bars on each side of the gate shall be attached to pins driven into holes drilled into the adit wall. The pins should be placed at one third and two thirds of the vertical height of the opening. The vertical spacing of the horizontal bars shall be5-3/4”..

D.

Install the (optional) removable bar, equipped with a locking device, at waist level (approximately three feet). All locking devices shall be constructed of case hardened steel and shall be keyed identically. Contractor shall furnish an additional (spare) locking device and 2 keys to the Forest Service.

E.

Gates, columns and bars shall not be painted.

The Contractor shall update the work plan as work is in progress to account for changes; and the updated work plan may be accepted by the Contracting Officer.

C 4.11 Camping and Worksite Conditions.

When it is necessary for the Contractors’ employees to remain on-site overnight, the Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements of Section H.

C 4.12 Communications.

The Contractor shall keep the Contracting Officer advised as to where the Contractor can be reached prior to start of Contract Time. Further the Contractor shall maintain contact with the Contracting Officer during periods of work suspension to reduce any delay in resuming the work and to determine the best suitable time and conditions to resume work.

C 4.13 Crew Safety.

The Contractor shall be responsible for complying with all applicable federal, state and local laws and regulations that govern worker health and safety in and around mines, abandoned mines and construction sites.

C 4.14 Health and Safety Plan Requirements.

a. The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable Federal, state, and local laws, safety and health regulations and procedures, as well as Forest Service regulations, rules and procedures. The Contractor shall ensure that its agents, employees and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in underground activities and in the handling of hazardous materials/waste are trained in the level of expertise required for the proper performance of the work activities. The Contractor agrees that his personnel and equipment are subject to safety inspections by government personnel while on Federal property. While on federal lands, the Contractor is also still subject to all applicable State Occupational Safety and Health laws and regulations. Nothing in this section shall be construed to reduce or modify the duties and responsibilities of the Contractor toward its employees.

b. The Contractor shall take such additional immediate precautions as the Contracting Officer or designated representative may reasonably require for safety and mishap prevention purposes.

c. Health and Safety Plan: The Contractor shall submit a conceptual Health and Safety Plan (HASP) as part of the bid package that describes applicable health and safety requirements, personnel, policies and procedures to be used to prevent accidents and injuries resulting from typical abandoned mine site hazards and conditions. If successful, the Contractor will submit a site specific HASP within 14 calendar days the award and before beginning work at the site. The conceptual and site specific HASP may be submitted in any format desired but shall address the following topics at a minimum:

i. Pre-shift Inspection: Before beginning work at the site the Contractor shall be responsible for thoroughly investigating site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

ii. Limited Access to Underground Workings: The Contractor will limit access to underground working to areas just inside the portal of tunnels and adits and the collars of shafts. Access underground will be as necessary to install PUF and bat-friendly gates.

iii. Designation of Mine Safety Qualified Person: Due to the hazards associated with abandoned mines, all work on mine portals shall be conducted under the supervision of a qualified person (QP). Training, education or experience that may be cited by Contractors as evidence of QP qualifications include: 1) Mine Safety and Health Administration (MSHA) underground and mine rescue training, 2) Occupational Safety and Health Administration (OSHA) confined space training, 3) Forest Service and Bureau of Land Management (BLM) underground abandoned mine entry training courses, 4) Mine Engineering or similar degree, 5 ) State training or certifications, 6) Federal or State Mine Inspector qualifications, and 7) On the job experience.

iv. Pre-work Assessment of Mine Safety Hazards: The pre-work assessment will be done by the QP. The QP will describe the safety hazards that are present above and below ground at the mine sites covered in this contract.

v. Safety Procedures: Based on the Pre-Work Assessment of Mine Safety Hazards, the QP will describe the hazards expected at the work site and the safety measures to be taken on a daily basis. The assessment will be based on the work to be done, any hazards discovered during the Pre-Work Assessment and the equipment and supplies to be used by Contractor personnel.

vi. Health and Safety Equipment: Describe first aid, rescue, communication and personal protective equipment that will be available and used. Particular emphasis will be placed on equipment needed to work safely in and around underground mine openings and facilities.

vii. Emergency Communications: Identify and develop rapid communication procedures with the closest available emergency medical response units and medical centers. All workers, foremen, superintendents, and managers shall be indoctrinated to emergency response procedures.

viii. Safety Procedures: Describe use and maintenance of temporary barriers, signs, and security devices as necessary to ensure the safety of Contractor personnel, Forest Service personnel, and the general public.

ix. Health and Safety Training: Describe requirements for health and safety training, pre-work and periodic safety meetings.

C 4.15 Work Hazards.

Surface and underground health and safety hazards typical of abandoned mines exist at the mine sites covered by this contract. Such hazards may include but are not limited to; unprotected hazardous mine shafts, stopes, adits and other openings which may be open to the surface or hidden from view and unstable mine workings.

C 4.16 Notification of Unsafe Conditions.

The Contractor shall identify in writing to the government any safety issues associated with the government’s requested product that would prevent the Contractor from completing the Task Order assignments as soon as noted.

C 4.17 Explosives.

Abandoned surface and underground mines occasionally hold stores of unexploded dynamite, nitroglycerine and other explosives common to the mining industry. Abandoned explosive are often more volatile and dangerous due to decay and weathering. When explosives are discovered by the Contractor, work must stop and the COR must be notified immediately.

C 4.18 Poisonous Atmosphere.

Abandoned mines often contain oxygen deficient, toxic or combustible atmospheres, snakes, insects, animals, chemicals and other hazardous materials. Nothing in this contract or any TO is intended to mean that contract work should be done in poisonous atmospheres. It is the Contractor’s responsibility to insure that the work place is safe and adequately ventilated

C 4.19 Pathogens.

Portions of California are known to contain the Hanta virus. This virus can be found in and around rodent droppings. Rodents are often found in and around AML features and such features should be considered as areas where exposure to the Hanta virus may occur. In addition, parts of California are known to contain “Valley Fever.” Valley Fever is a lung infection caused by the inhalation of fungal spores. Construction activities, such as earth moving, liberate these spores and activities under this contract should be considered as activities associated with Valley fever.

C 4.20 Safe Working Environment.

The Contractor shall be responsible for providing and maintaining a safe working environment in accordance with all applicable Department of Labor, national consensus standards (including supplements) and the Hearing Conservation Program. Before beginning work at the site, the Contractor shall be responsible for thoroughly investigating surface and underground site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

C 4.21 Accident Reporting.

The Contractor shall report to the CO, in the manner and on the forms prescribed by the Federal Government, exposure data and all accidents resulting in death, trauma, or occupational disease that occur on government property. All accidents shall be reported verbally to the COR within 24 hours. For accidents involving serious injuries, the Contractor must submit form FS-6700-8.

C 4.22 Damage Reporting.

The Contractor shall submit to the COR a full report of damage to government property and/or equipment by Contractor employees. All damage reports shall be submitted to the COR within 24 hours of the occurrence and a written report within 30 calendar days following the date of the damage.

C 5.0 STANDARDS

C 5.1 Compliance with Laws & Regulations.

a. The Contractor shall comply with all applicable Federal, State, interstate and local laws, regulations, and requirements relevant to the work under this contract. This includes, but is not limited to, compliance with the National Historic Preservation Act, the Resource Conservation and Recovery Act (RCRA), the Occupational Safety and Health Act, and the California Health and Safety Code; California Code of Regulations, Title 22, Division 4.5. The duty of the Contractor to comply with all current applicable laws, regulations and requirements takes precedence over any other duty or task described herein. Therefore, in the event that subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence. Where changes to law, regulation or requirement necessitate a change to the contract, the parties agree to negotiate an equitable adjustment for it upon written notice from the Contractor. Unless said notice is received within 60 days of the effective date of the amendment to the statute or regulation, said regulation shall be deemed to be a no-cost change.

b. All work submitted and performed by the Contractor may be subject to the review and approval of a State regulatory agency. Therefore, it is the responsibility of the Contractor to contact the appropriate regulatory agency(s) to determine their requirements for each individual project. The government will be responsible for submitting reports to regulatory agencies unless other arrangements are approved by the Contracting Officer’s Representative (COR). It is the Contractor’s responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

c. The Contractor will be required to maintain and submit evidence of liability, property damage and other insurance at or above the minimum limits established by law, and in accordance with industry standards, for the types of work being conducted.

d. The Contractor shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring project related hazardous or toxic wastes are sent to licensed, permitted, and approved disposal sites.

C 5.2 Erosion Control.

All work performed by the Contractor shall provide mitigation measures to prevent the unwanted movement of soil and the formation of rills and gullies.

C 5.3 Waste Management.

a. The Contractor is responsible for the proper management and disposal of all hazardous and non-hazardous waste generated from their operations under this contract and for ensuring that they are managed in compliance with Federal, state and local environmental laws and regulations. Hazardous and non-hazardous wastes shall not be stored or disposed of on government property.

b. As part of a TO under this contract, the Contractor may be required to remove abandoned solid and/or hazardous wastes and/or materials that may be encountered at a site. In these circumstances, the Contractor is responsible for seeing that all abandoned materials and wastes collected during the activities of this contract are managed in compliance with Federal, state and local environmental laws and regulations. This includes, but is not limited to:

i. Conducting waste identification and analysis as required.

ii. Proper waste segregation of all hazardous and non-hazardous wastes so as to minimize the volume of hazardous wastes that must be send off-site for treatment and/or disposal.

iii. Waste packaging and container marking in compliance with applicable Federal, state and local EPA and DOT regulations.

iv. Preparation of a uniform hazardous waste manifest for all abandoned hazardous waste collected.

v. Ensuring that only experienced, licensed, and permitted transporters are used to haul hazardous wastes under this contract.

vi. Identification of each recycling and/or disposal facility, which may receive abandoned hazardous materials/wastes under this contract.

In an effort to reduce the Forest Service’s future liability for the wastes coming from National Forest System lands, ALL wastes and contaminated media managed under this contract shall be sent to only those treatment/ storage/disposal facilities that are in compliance with EPA’s “Off-Site Rule” (40 CFR 300.400 on the U.S. Environmental Protection Agency’s “Off-Site Rule” list. The Contractor shall provide confirmation that the proposed off-site facility is Off-Site Rule compliant prior to the initiation of any shipment.

It will be the Forest Service’s responsibility for obtaining a temporary EPA hazardous waste identification number for any site where abandoned hazardous wastes are encountered and that will be sent off-site for treatment and/or disposal.

C 5.4 Hazardous Material Management.

Hazardous materials used under this contract shall be managed in accordance with Federal and state regulations, applicable safety codes, and the Forest Service Manual and Handbook. When selecting hazardous materials for use under this contract, the Contractor shall ensure that the least toxic alternative is selected for use.

For each TO, the Contractor shall provide the Forest Service a list and inventory of all hazardous materials that the Contractor, and all subcontractors, intends to use on National Forest System lands. The inventory shall include: material trade name, manufacturer, quantities, intended use, and copies of the material safety data sheets..

C 5.4.1 Materials Allowed.

The Contractor shall use and store only commercial grade fuels, lubricants, fleet maintenance fluids (such as anti-freeze) and commercially available PUF. The use and storage of water-based paint is allowed in either aerosol or can, but all paint used must be lead-free. Materials shall be stored in accordance with the manufacturer's recommendations.

C 5.4.2 Material Safety Data Sheets (MSDS).

MSDS and technical data sheets for all chemicals shall be on-site and available at all times.

C 5.4.3 Polyurethane Foam Storage.

All safety precautions outlined by the Polyurethane Division of the Society of Plastics Industries, NFPA, OSHA, EPA, and the manufacturer's Material Safety Data Sheets (MSDS) shall be observed.

C 5.4.4 Training.

The Contractor is responsible for advising employees of all Environmental and Hazardous Materials Handling requirements.

C 5.4.5 Physical Environment.

The Contractor shall follow manufacturer’s guidelines and requirements for control of hazardous materials storage area humidity, temperature, cleanliness, and materials handling.

C 5.4.6 Discovery Hazmat If the Contractor of hazardous materials, chemicals, reagents, petroleum products, explosives, or other hazards frequently discovered at these abandoned mine sites, shall immediately secure the area and notify the COR.

C 5.5 Contractor Caused Spills and Releases

· The Contractor is solely responsible for any and all spills or leaks and subsequent clean up that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The clean up shall be at no cost to the Forest Service. The Contractor shall provide spill response materials including, but not limited to, containers, shovels and personal protective equipment. Spill response materials shall be available at all times in which hazardous materials and hazardous wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

· The Contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

i. Description of the item spilled (including identity, quantity, manifest no., etc).

ii. Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

iii. Exact time and location of spill including a description of the area involved.

iv. Containment procedures initiated.

v. Summary of any communications Contractor has with press, Federal, state and local regulatory agencies and officials, or Forest Service officials.

· Upon completion of the clean-up activities for Contractor caused spills and releases, the Contractor shall submit a final clean-up certification report to the Forest Service. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

C 5.6 Compliance With Regulations

a. The Contractor shall comply with all applicable Federal, State, interstate and local laws, regulations, and requirements relevant to the work under this contract. This includes, but is not limited to, compliance with the National Historic Preservation Act, the Resource Conservation and Recovery Act (RCRA), the Occupational Safety and Health Act, and the California Health and Safety Code; California Code of Regulations, Title 22, Division 4.5. The duty of the Contractor to comply with all current applicable laws, regulations and requirements takes precedence over any other duty or task described herein. Therefore, in the event that subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence. Where changes to law, regulation or requirement necessitate a change to the contract, the parties agree to negotiate an equitable adjustment for it upon written notice from the Contractor. Unless said notice is received within 60 days of the effective date of the amendment to the statute or regulation, said regulation shall be deemed to be a no-cost change.

b. All work submitted and performed by the Contractor may be subject to the review and approval of a State regulatory agency. Therefore, it is the responsibility of the Contractor to contact the appropriate regulatory agency(s) to determine their requirements for each individual project. The government will be responsible for submitting reports to regulatory agencies unless other arrangements are approved by the Contracting Officer’s Representative (COR). It is the Contractor’s responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

c. The Contractor will be required to maintain and submit evidence of liability, property damage and other insurance at or above the minimum limits established by law, and in accordance with industry standards, for the types of work being conducted.

C 5.7 Resource Protection.

All contract work shall be done in a manner that protects and preserves forest resources to the greatest extent possible. This means that equipment shall be appropriately sized, using the smallest unit practical to accomplish the work, limiting all forms of surface disturbance to the greatest extent possible and taking all necessary precautions to protect, flora, fauna and archeological resources.

C 5.8 Wildlife

Note: A disease that effects bats in caves and abandoned mines called the White Nose Syndrome, has been discovered in the eastern U.S. and is migrating west across the continent. For closures involving bat habitat, the Contractor must coordinate closely with the Forest bat biologist to ensure that the most recent decontamination protocol is used to prevent the spread of the disease. Protocols are being developed at present and were not available for this contract.

C 5.9 Threatened or Endangered Species.

All activities under this SOW will be done in accordance with the recommendations of the BAE of this document. The area and/or AML features for remediation may now or hereafter contain plants, animals, or their habitats determined to be threatened, endangered, or to have other special status (e.g. Regional Forester’s sensitive species). The Forest Service may recommend modifications to this SOW at any time to further its conservation and management objective to avoid activity that will contribute to a need to list such a species or their habitat. Forest Service may require modifications to this SOW if it is subsequently determines that the work specified in this SOW is likely to result in adverse effects to listed or proposed threatened or endangered species, or result in adverse effects to designated or proposed critical habitat. In such cases, the Forest Service will not allow some or all of the work in this SOW to proceed that may affect any such species or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act as amended, 16 U.S.C. § 1531 et seq., including completion of any required procedure for conference or consultation under section 7 or the ESA. All activities involving federally listed or proposed species or their designated or proposed critical habitat shall conform to requirements in FSM 2670 - Threatened, Endangered and Sensitive Plants and Animals.

C 5.10 Noxious Weeds.

To prevent the spread of noxious weeds on lands administered by the USDA Forest Service, the Contractor at all times must adhere to the following requirements:

· All activities must conform to the Forest Service Manual Noxious Weeds Management, (FSM 2080).

· The Contractor shall train all employees with respect to noxious weed identification.

· The Contractor will make arrangements for weed control upon positive identification of noxious weeds.

· The Contractor must clean all equipment and vehicles, especially vehicle undercarriages, before bringing them onto NFS lands and into the project vicinity so as to prevent the introduction and spread of noxious weeds.

· Should noxious weeds be introduced in areas disturbed under this SOW, the Contractor will be responsible for developing a noxious weed eradication plan for Forest Service approval. The Contractor will be responsible for implementing the plan.

C 5.11 Physical Security.

The Contractor shall be responsible for safeguarding all government property provided for Contractor use. At the end of each work period, all government facilities, equipment and materials shall be secured.

C 5.11.1 Key Control.

The Contractor shall establish and implement key control methods to ensure all keys/key cards issued to the Contractor by the government are not lost or misplaced and are not used by unauthorized persons. The Contractor shall not duplicate any keys issued by the government. Keys associated with locked gates installed by the Contractor shall be forwarded to the COR at the conclusion of the project.

C 5.11.2 Lost or Duplicated Keys.

The Contractor shall immediately report to the COR or CO any occurrences of lost or duplicated keys.

C 5.11.3 Lock Replacement/Rekeying.

In the event keys, other than master keys, are lost or duplicated, the Contractor may be required, upon written direction of the CO, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the monthly payment due the Contractor.

C 5.11.4 Use of Keys.

The Contractor shall prohibit the use of keys issued by the government by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in performance of contract work required in those areas.

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (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 December 30, 2010. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within five (5) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information 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 proposed to carry out the work.

The maximum workweek that will be approved is Seven Days.

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

CONTRACTOR'S REPRESENTATION & RESPONSIBILITY

A.

In making formal request for substitution the Contractor represents he/she:

1.

Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2.

Will provide same warranties and bond for substitute as for originally specified product.

3.

Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4.

Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5.

Cost data is complete and includes related costs under the contract, but not:

a.

Costs under separate contracts.

b.

Contracting Officer costs for redesign or revision of contract documents.

B.

The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C.

The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award.

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a.

Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b.

Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

ADDITIONAL REQUIREMENTS OR RESTRICTIONS

Upon completion of the project, all demolished improvements and other construction materials shall become the property of the Contractor and be removed from Government land and/or disposed of in accordance with State and County standards. Construction Access and Protection: The Contractor shall be responsible for securing the project area from the public. This includes providing the necessary security for protection of the Contractor's materials, equipment, tools and work until final acceptance by the Government.

The…