RFQ_No_1205M619R0001.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

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

11. The contractor shall begin performance

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

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

1205M619R0001 X 4/8/2019

954781

USDA Forest Service Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave., Ste 3A Everett, WA 98201-4067

05M6

Same as Block 7

Brian Johnson, brian.johnson3@usda.gov (425) 783-6056

BIG FOUR BOARDWALK

Mt. Baker-Snoqualmie National Forest

Darrington Ranger District Washington State

(Snohomish County) fourteen (14) (See C.4)

XX

X Fourteen (14) zero (0) (See M.3) (See M.3)

X sixty (60)

Note: The offer guarantee is NOT required for Phase I proposal submission

RFP No. 1205M619R0001 Big Four Boardwalk Page 1 of 142

Mt. Baker-Snoqualmie NF Two-Phase Design-Build bajohnson03 Highlight

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

20b. SIGNATURE 20c. OFFER DATE

IPP

Invoice Processing Platform (IPP) at www.ipp.gov

RFP No. 1205M619R0001 Big Four Boardwalk Page 2 of 142

Mt. Baker-Snoqualmie NF Two-Phase Design-Build

E-mail:

DUNS #:

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

BIG FOUR BOARDWALK

Mt. Baker-Snoqualmie National Forest Darrington Ranger District

Washington State (Snohomish County)

B.1 SCHEDULE OF ITEMS (Page 1 of 2)

PAY

ITEM DESCRIPTION PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL PRICE

BASE – DESIGN

57190A Professional Engineer Design (8 ft Wide Boardwalk;

Includes Foundation)

LS 1 $___________ $_____________

57190B Professional Engineer Design (20 ft Long x 8 ft Wide Bridges; Includes Foundation)

EA 2 $___________ $_____________

BASE – CONSTRUCTION

15101 Mobilization LS 1 $___________ $_____________

15601 Temporary Traffic Control LS 1 $___________ $_____________

20301A Removal of Existing Boardwalk and Bridge, Disposal Method A

LS 1 $___________ $_____________

57191A

Boardwalk (Includes Foundation) - Fabricate, Deliver, and Install

LF 303 $___________ $_____________

57191B 20’ Long Bridge (Includes Foundation EA 1 $___________ $_____________

OPTION A – CONSTRUCTION

15101 Mobilization LS 1 $___________ $_____________

20301A Removal of Existing Boardwalk, Disposal Method A

LS 1 $___________ $_____________

20301B Removal of Existing Concrete Sidewalk, Disposal Method A LS 1 $___________ $_____________

57191A Boardwalk (Includes Foundation) LF 167 $___________ $_____________

RFP No. 1205M619R0001 Big Four Boardwalk Page 3 of 142

Mt. Baker-Snoqualmie NF Two-Phase Design-Build

BIG FOUR BOARDWALK

Mt. Baker-Snoqualmie National Forest

Darrington Ranger District Washington State

(Snohomish County)

B.1 SCHEDULE OF ITEMS (Page 2 of 2)

PAY

ITEM DESCRIPTION PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL PRICE

OPTION B – CONSTRUCTION

15101 Mobilization LS 1 $___________ $_____________

20301A Removal of Existing Boardwalk and Bridge, Disposal Method A

LS 1 $___________ $_____________

20301B Removal of Existing Concrete Sidewalk, Disposal Method A LS 1 $___________ $_____________

57191A Boardwalk (Includes Foundation) LF 54 $___________ $_____________

57191B 20’ Long Bridge (Includes Foundation) EA 1 $___________ $_____________

OPTION C – CONSTRUCTION

15101 Mobilization LS 1 $___________ $_____________

20301A Removal of Existing Boardwalk, Disposal Method A

LS 1 $___________ $_____________

20301B Removal of Existing Concrete Sidewalk, Disposal Method A LS 1 $___________ $_____________

57191A Boardwalk (Includes Foundation) LF 198 $___________ $_____________

Total Base (Design & Construction) Items: $_______________________

Total Option A Items: $_______________________

Total Option B Items: $_______________________

Total Option C Items: $_______________________

Total Base + Option A, B, and C Items: $_______________________

Note 1: The Schedule of Items is only required from those companies selected during the Phase I evaluation process; this Schedule of Items will be submitted in Phase II only.

RFP No. 1205M619R0001 Big Four Boardwalk Page 4 of 142

Mt. Baker-Snoqualmie NF Two-Phase Design-Build

Note 2: If award of option item(s) exceeds 60 CDs the CO will validate prices with the awardee before exercising.

bajohnson03 Highlight bajohnson03 Highlight

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

IAS Requisition No. 954781 is currently a no-commit. Offerors are alerted that funds are not presently available for this effort. No award will be made under this solicitation until funds are available.

The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.”

C.1 SCOPE OF WORK

The Forest Service is seeking proposals for the design and construction of a boardwalk that includes two 20 ft. long bridges. The boardwalk and bridges shall have a total width of 8 ft. The extent of how much boardwalk will be constructed depends on the final price proposals and available funds. Refer to the schedule of items and drawings for the base work items and optional work items. Work will also include removal and disposal of the existing boardwalk (two layers of boardwalk in some locations), concrete sidewalk, and bridges.

Work will be conducted over a wetland landscape so work limits will be confined to the immediate vicinity of the boardwalk and any tracked/wheeled equipment utilized will have to operate from the new or existing boardwalk or other temporary structures as approved.

C.2 PROJECT LOCATION

Coordinates: 48o4’4”N, -121o30’51”W (T30N, R9E, Sec 22, SW ¼, SW ¼). From I-5 at Marysville, WA take exit 200 and go East on 88th Street NE for 2 miles; continue on Ingraham Blvd for 1.1 miles;

continue on 84th St NE/Getchell Rd for 5.2 miles; turn left onto WA-92 East for 1.2 miles; at traffic circle take exit onto WA-92 West/Quarry Road for 2 miles; Turn left onto Mountain Loop Highway and proceed 24.6 miles to Big Four Trail Head and project site.

C.3 TECHNICAL CONTACT

Luke Silvis, Telephone: (360) 854-2624, E-mail: lesilivs@fs.fed.us

C.4 CONSTRUCTION OPERATING SEASON AND LIMITATIONS

(a) The project shall be completed by no later than September 30, 2020.

(b) Construction Operating Season: August 1 – September 30, annually.

- This is for all work within or over the wetland. Work that can be accomplished in the parking lot/staging area may occur outside this operating season.

- Requests to conduct work outside the operating season for activities above the water/ground may be submitted. Such requests need to be made in writing to the CO for review by Forest Service biologists.

(c) From July 1 through September 23, all activities that generate noise above 92 decibels shall only occur between 2 hours after sunrise and 2 hours before sunset to minimize potential adverse effects to breeding marbled murrelets.

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C.5 SOLICITATION DRAWINGS

The solicitation drawings show the general requirements for the type, size, location, and general dimensions of the boardwalk and bridges. The detailed superstructure and substructure drawings shall be provided by the contractor for approval.

C.6 DESIGN SPECIFICATIONS AND REQUIREMENTS

Engineering design for the structure consists of the following:

(a) PROJECT SCOPING: Review the preliminary layout drawing, site plan, and contract for both the boardwalk and the bridges.

(b) DESIGN: Perform design by a licensed civil engineer in the State of Washington. See Section H

- Special Contract Requirements concerning the Designer(s) of Record. Develop design details and provide supporting theory, references, and calculations in accordance with the specifications below.

(c) SPECIFICATIONS: The design shall be in accordance with the Design Criteria, “AASHTO Gide Specifications for the Design of Pedestrian Bridges” current edition; “AASHTO LRFD Bridge Design Specifications” current edition.

Materials and construction shall meet the requirements of the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” (FP-14), 2014. These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract. They are available online at https://flh.fhwa.dot.gov/resources/specs/.

(d) DESIGN LOADS: The design live loads shall be 140 psf for snow load, and 90 psf for pedestrians. Maximum design snow load is not to be combined with other live loads. Use a load factor of 1.25 for the dead load and 1.75 for the snow load for a snow-only load combination.

The allowable deflection shall be L/240 for the snow load.

(e) SUPERSTRUCTURE: The superstructure including headers, stringers, deck, curbs, and rails shall be comprised of corrosion/decay resistant materials such as coated steel, aluminum, fiber reinforced products, HDPE, or treated timber.

Bridges may consist of beam or truss style superstructures. Bridge decking shall consist of an open grate product with minimum 60% open space or 40% multi-direction open space with a maximum ½ inch opening in the direction of travel.

(f) SUBSTRUCTURE: The boardwalk substructure elements shall be comprised of corrosion resistant materials and can include but are not limited to the following: concrete, steel, aluminum, or fiber reinforced products (e.g. pin foundations, helical piles, driven or drilled piles). Treated timber will not be permitted for substructure elements.

(g) TREATED TIMBER & LUMBER: Timber and lumber members with a preservative treatment shall be done in accordance with the current American Wood Protection Association (AWPA)

RFP No. 1205M619R0001 Big Four Boardwalk Page 6 of 142 https://flh.fhwa.dot.gov/resources/specs/ specifications. Treatment shall comply with the requirements of the current edition of Western Wood Preservers Institute (WWPI) “Best Management Practices for the Use of Treated Wood in Aquatic Environments.” All preservative treated members shall have a third party independent inspection by an accredited agency and certification documented by either the BMP Mark or a letter issued by the agency certifying inspection and compliance.

For preservative treated timber and lumber above ground:

1. AWPA use category system (U1) for use category 3B above ground-exposed (UC3B);

2. ACQ, waterborne, 0.15 pcf minimum retention; and

3. ACZA, waterborne, 0.25-0.30 pcf minimum retention.

(h) ADDITIONAL DETAILS/CONSIDERATIONS:

1. As much as possible, locate the alignment of the new boardwalk along the alignment of the existing boardwalk.

2. Actual stations of the constructed boardwalk may vary some from those shown on the drawings to accommodate the details of the final design.

3. All tracked and wheeled equipment must operate either from the existing boardwalk

(5,000 lbs limit) or from the newly constructed boardwalk. Limitations for construction loads on the new boardwalk shall be clearly stated.

C.7 DESIGN SCHEDULE AND SUBMITTALS, MEASUREMENT AND PAYMENT

(a) PRELIMINARY DESIGN: Offerors shall submit a proposed design concept as part of solicitation package (Phase I). If the successful offeror’s concept design meets all the specified requirements of the contract it will be approved for inclusion in a preliminary design upon award. Adjustments in a deficient concept design will require correction prior to starting the preliminary design.

The preliminary design is not required to be a complete detailed design (Phase II). The preliminary design shall have sufficiently detailed sketches showing any proposed modifications to the solicitation drawings and any additional drawings and calculations for the Contracting Officer to determine the overall project details with consideration for details outlined in Section C.6. The Contracting Officer will review the preliminary design and will determine if it meets the requirements of the contract. The Contracting Officer will review the preliminary design within seven (7) days.

(b) FINAL DESIGN: All final drawings and calculations shall be stamped & signed by a licensed professional engineer, qualified by experience to design the proposed structures. Final design shall be ready for government review by July 1, 2019. Contractor shall submit electronic copies of the anticipated final design documents to the Contracting Officer for review and acceptance.

Construction work may not proceed until the final design has been accepted by the Contracting Officer. The anticipated final design information shall include the following:

1. Detailed electronic drawings printable to 11 in. x 17 in. sheets of all structural components of the bridges and boardwalk including (but not limited to): foundation elements and superstructure details.

RFP No. 1205M619R0001 Big Four Boardwalk Page 7 of 142

Include all plan views, profile view, details, dimensions, quantities, and cross sections necessary to construct the boardwalk given the preliminary layout and existing ground profile shown in the government drawings. Submit design calculations on sheets about 8.5 in. x 11in. in size with the project number, location, designation, date of preparation, initial of designer and checker, and page number at the top of the page.

2. Design and quantity calculations for the structures sufficiently detailed and referenced to allow the Contracting Officer to determine if the requirements of contract specifications have been met.

3. Materials and construction specifications as necessary to modify or supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14 U.S. Customary Units) and SUPPLEMENTAL SPECIFICATIONS to conform to the design being submitted.

4. Electronic versions of design documents supplied with the final design including all AutoCAD files, structural or design program results, Excel calculations, and PDF files where applicable.

The Government will review the Contractor's final design submittals and will return the submittals either accepted or with required changes. The time required by the Government to review the Contractor's submittals shall be commensurate with the complexity of the design submitted but will not exceed fifteen (15) calendar days.

Within 15 calendar days of tentative acceptance, the Contractor shall make any required changes and submit electronic sets of the final design calculations, drawings (high quality scans or digital set), and supplemental specifications to the Contracting Officer for acceptance. Once approved, furnish two sets of hard copies bearing the seal of the engineer to Contracting Officer.

The designer/supplier furnishing the Final Design is responsible for the stability of the design.

Do not qualify the responsibility for the design or restrict the use of the drawings or calculations for the proposed structures. Indemnify the Government from all claims for infringement of proprietary rights by others without the consent of the patent holders or licensees.

Include any design notes including an explanation of any symbols and computer programs used in the design of the structures along with any other design calculations.

C.8 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation (FAR) to provide biobased products. The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

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The following is a sample of USDA-approved products that may be used in this contract for minor construction and operations & maintenance for which biobased products are available. The list is not all-inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluid Lubricants and Greases Wood and concrete sealers Composite panels

Wood and concrete stains Concrete and asphalt release fluids

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at https://www.biopreferred.gov/BioPreferred/. The Contractor should provide data for their biobased products such as biobased content and source of biobased material. In addition to the biobased products designated by the USDA in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements.

The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Helpful BioPreferred Links:

USDA’s BioPreferred Catalog https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

Policies and Laws https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml

RFP No. 1205M619R0001 Big Four Boardwalk Page 9 of 142 https://www.biopreferred.gov/BioPreferred/ https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml

SECTION D—PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The government issued contract number shall be be referenced by the contractor on all official communications to the government, e.g. letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award.

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SECTION E—INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/browse/index/far http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The contracting officer or the contracting officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: The project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the contractor by the Forest Service specifications or elsewhere herein. This does not relieve the contractor of completing contractor quality control work.

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

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SECTION F—DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The contractor shall be required to (a) commence work under this contract within fourteen (14) 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 September 30, 2020. The time stated for completion shall include final cleanup of the premises.

F.3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The contracting officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include, but not be limited to, instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) Failure of the contractor to comply with specifications such as, but not limited to, placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the government. Such suspensions shall not be considered as suspensions for the convenience of the government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

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SECTION G—CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The contracting officer’s representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract. The contracting officer should be informed as soon as possible of any actions, or inactions, by the contractor, or the government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the contracting officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2 INVOICE PROCESSING PLATFORM (IPP)

The contractor shall use the Invoice Processing Platform (www.ipp.gov) for the submission of all project invoices. Prior to submitting the formal invoice at the IPP website, the contractor shall present to the COR the contractor-COR agreed to invoice worksheet in the field. Both parties will come to an agreement concerning the payable line items. After this agreement is achieved the contractor will submit its invoice in IPP for COR validation and CO approval.

G.3 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are to be included in the “15101 Mobilization” line item.

G.4 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

Performance and payment security furnished under this contract shall be retained by the government for a minimum period after acceptance of all work under the contract, including any warranty period.

Performance and payment security other than corporate or individual surety bonds will be returned to the contractor after this period if no claims against these bonds have been filed at that time. For contracts subject to the Miller Act this minimum period is one year.

G.5 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction

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Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office or other comparable equipment rate publication, to the extent that such publications contain a listing of the equipment being costed or of similar equipment.

G.6 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the contractor, may, at the option of the contracting officer, be included in progress payments. Prior to payment, such material will be subject to government inspection and shall be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the contractor shall furnish the government with a right of ingress and egress to the property together with right of removal.

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SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 DESIGN-BUILD CONTRACT – ORDER OF PRECEDENCE

1. The contract includes the standard contract clauses and schedules current at the time of award. It also entails:

a. The solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection; and

b. The successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

2. In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

a. Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

b. The provisions of the solicitation (See also FAR 52.236-21 Specifications and Drawings for Construction).

c. All other provisions of the accepted proposal.

d. Any design products, including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

H.2 VALUE ENGINEERING AFTER AWARD

1. In reference to FAR 52.248-3, “Value Engineering – Construction,” the Government may refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the solicitation documents which were addressed in the Contractor’s accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

2. The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor’s accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

3. For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

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4. In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

H.3 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR

CONSULTANTS

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

H.4 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

1. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

2. The standard of care for all design services performed under this contract shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

3. The Government’s review, approval or acceptance of, or payment for, the services required under this contact shall not be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

4. The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

5. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

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H.5 DESIGNER OF RECORD

The Contractor shall identify a Designer of Record (“DOR”) for each area of design. All design disciplines shall be accounted for by listed, registered Designer(s) of Record. Each DOR shall be responsible for ensuring integrity of their design and design integration in all construction submittals and extensions to design developed by others, such as the constructor, subcontractors or suppliers. The DOR shall review and approve all construction submittals and extensions to design, in accordance with the procedures, described in "SUBMITTALS.” Each DOR shall be responsible for the response to each Request for Information (RFI), applicable to their area of design responsibility. Each DOR shall stamp, sign, and date all design drawings under their responsible discipline at each design submittal stage (see FAR 52.236-25 Requirements for Registration of Designers) and all submittals under their responsible discipline, in accordance with the submittal review procedures. The DOR shall sign-off on all applicable RFI responses.”

H.6 FAR 52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

H.7 CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to, actions such as:

a. Integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract);

b. Ensuring constructability and economy of the design;

c. Integrating the shop drawing and installation drawing process into the design;

d. Executing the material and equipment acquisition programs to meet critical schedules;

e. Effectively interfacing the construction QC program with the design QC program;

f. Maintaining and providing the design team with accurate, up-to-date redline and as-built documentation; and

g. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

H.8 WARRANTY OF DESIGN (FIRM-FIXED-PRICE TWO PHASE DESIGN-BUILD

CONTRACT)

1. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design-related construction not conforming to the contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF

THE CONTRACTOR FOR DESIGN.”

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2. The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

3. This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

4. The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

H.9 DEVIATING FROM THE ACCEPTED DESIGN

1. The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped, sealed, and Government-approved design, before proceeding with the revision.

2. The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

3. Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

4. Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

5. The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures.

The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

H.10 WARRANTY OF CONSTRUCTION WORK

1. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

2. This warranty shall continue for a period of 1 year from the date of final acceptance of work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

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3. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government owned or controlled real or personal property, when that damage is the result of

a. The contractor’s failure to conform to contract requirements; or

b. Any defect of equipment, material, or workmanship.

4. The Contractor's failure to conform to contract requirements; or

5. The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

6. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

7. Will respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

a. Obtain all warranties that would be given in normal commercial practice;

b. Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

c. Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

8. In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

9. This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

H.11 GOVERNMENT RIGHTS

The Government shall have unlimited rights in all drawings, designs, specifications, notes and all other works developed in this design in the event the entire scope of work (Base + Option Items) cannot be accomplished under this contract. The government reserves the right to use the design for a future contract award with parties other than the prime contract and its subcontractors performing on this contract.

H.12 PROJECT SPECIFIC AQUATIC RESOURCE PROTECTION MEASURES

Below are the general aquatic resource protection measures that are derived from our MOU with the Washington Department of Fish and Wildlife (WDFW) and Conservation Measures (CM) and Project Design Criteria (PDCs) from the Aquatic Restoration Biological Opinion (ARBO II) with the National Marine Fisheries Service (NMFS) and United States Fish and Wildlife Service (USFWS).

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In addition, there are project specific requirements from WDFW, USFWS, and NMFS that were discussed during consultation with both state and federal agencies in February and March 2019.

Project-Specific Requirements:

1. The use of treated wood for boardwalk superstructure members shall comply with the WWPI guidelines for use of treated wood in over-water projects. This will be achieved by the following:

a. Preservative Treatment of boardwalk superstructure members will be, if possible, from treatment plants that are members of WWPI.

b. In-plant quality assurance will follow inspection standards and procedures detailed in the Production Guide – Best Management Practices for the Use of Preserved Wood In Aquatic and Sensitive Environments (www.PreservedWood.org).

c. Independent third party inspection by an accredited agency, and certification documented by either the BMP Mark or a letter issued by the agency certifying inspection and compliance.

d. Follow installation and maintenance guidance in Chapter for of the Specifiers Guide Best Management Practices For the use of preserved wood in aquatic and sensitive environments (www.PreservedWood.org).

2. All cutting, drilling, or modification of treated timber and lumber will occur in the Ice Caves Picnic Area parking lot or other location separated from soil and aquatic resources approved by the CO/COR.

3. Grating shall be installed across the entire surface area of both bridge locations. Grating material must have at least sixty percent functional open space or forty percent or greater multi-directional open space.

4. Upon project completion, rehabilitate all disturbed areas in a manner that results in similar or better than pre-work conditions through removal of project related waste, spreading of stockpiled materials (soil, large wood, trees, etc.)

WDFW and USFS MOU applicable conditions:

1. Boardwalk shall be maintained to allow maximum natural light penetration so that the light areas are evenly distributed under the surface of the structure in order to avoid the creation of large dark areas. Gaps between deck boards shall be between 0.25 inches and 0.5 inches.

ARBA/ARBO II Conservation Measures:

1. Temporarily store any waste liquids generated at the staging areas under cover on an impervious surface, such as tarpaulins, until such time they can be properly transported to and treated at an approved facility for treatment of hazardous materials.

2. Outline procedures based on Best Management Practices to confine, remove, and dispose of construction waste, including every type of debris, discharge water, concrete, cement, grout, RFP No. 1205M619R0001 Big Four Boardwalk Page 20 of 142

Mt. Baker-Snoqualmie NF Two-Phase Design-Build http://www.preservedwood.org/ http://www.preservedwood.org/ washout facility, welding slag, petroleum product, or other hazardous materials generated, used, or stored on-site.

3. Outline procedures to contain and control a spill of any hazardous material generated, used or stored on-site, including notification of proper authorities.

4. Ensure that materials for emergency erosion and hazardous materials control are onsite and accessible at all times (e.g., silt fence, straw bales, oil-absorbing floating boom, etc.)

5. Clean all equipment used for instream work of petroleum accumulations, dirt, plant material

(to prevent the spread of noxious weeds), and leaks repaired prior to entering the project area.

Such equipment includes large machinery, stationary power equipment (e.g., generators, canes, etc.), and gas-powered equipment with tanks larger than five gallons.

6. Store and fuel equipment in staging areas after daily use.

7. Inspect daily for fluid leaks before leaving the vehicle staging area for operation.

8. Thoroughly clean equipment before operation below ordinary high water or within 50 feet of any natural water body or areas that drain directly to streams or wetlands and as often as necessary during operation to remain grease free.

9. Visually monitor during project implementation to ensure effects are not greater (amount, extent) than anticipated and to contact Level 1 representatives if problems arise. Fix any problems that arise during project implementation. Regular biologist/hydrologist coordination with COR if biologist/hydrologist is not always on site to ensure contractor is following all stipulations.

ARBA/ARBO II Project Design Criteria:

1. Overburden or fill comprised of native materials, which originated from the project area, can be used to reshape the floodplain, placed in small mounds on the floodplain, used to fill anthropogenic holes, buried on site, and/or disposed into upland areas.

H.13 PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work…