S160042CompleteSolicitation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0343-S-16-0042 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service Region 1 – Acquisition Management 24 Fort Missoula Road Missoula, Montana 59804

Offers Are Solicited For:

PROJECT

Beal Mountain Barren Pond Solids Removal Butte Ranger District Beaverhead-Deerlodge National Forest Silver Bow County, Montana

AG-0343-S-16-0042

Beal Mountain Barren Pond Solids Removal/Beaverhead-Deerlodge NF

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 8

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Price Range C- 4 - Biobased Product Utilization C- 5 - Government-Furnished Property C- 6 - Standard Specifications C- 7 - Forest Service FP-03 Supplemntal Specifications C- 8 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE 9

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 10

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work

SECTION H - SPECIAL CONTRACT REQUIREMENTS 11 - 22

H- 1 - Use of Premises H- 2 – Health and Safety H- 3 - Key Personnel H- 4 - Restoration by Contractor H- 5 - Special Construction Techniques H- 6 - Utility Locations H- 7 - Speed and Weight Limits H- 8 - Permits H- 9 - Construction Surveying and Staking H-10 - Maintenance of Fences H-11 - Sanitation H-12 - Submittals H-13 - Staging and Storage Areas H-14 - Fire Control H-15 - Incidental Payment Items H-16 - Conformity with Drawings and Specifications H-17 - Local Material Sources H-18 - Samples, Tests, Cited Specifications H-19 - Weed Free Equipment

H-20 - Invoice Processing Platform (IPP) H-21 - Prework Conference

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 23 - 39

I- 1 - Clauses Incorporated by Reference I- 2 - Reporting Executive Compensation and First-Tier Subcontract Awards I- 3 - System for Award Management Maintenance

I- 4 - Commercial and Government Entity Code Maintenance I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants Alternate I I- 6 - Post Award Small Business Program Rerepresentation I- 7 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I- 8 - Buy American - Construction Materials I- 9 - Bid Guarantee I-10 - Performance and Payment Bonds - Construction I-11 - Alternative Forms of Security I-12 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I-13 - Providing Accelerated Payment to Small Business Subcontractors I-14 - Permits and Responsibilities I-15 - Alterations In Contract I-16 - Authorized Deviations in Clauses I-17 - Order of Precedence - Construction

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 40 - 41

J- 1 - Wage Rate Decision J- 2 – Forest Service FP-03 Supplemental Specifications J- 3 - Drawings

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 42 - 47

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications

K- 2 - Commercial and Government Entity Code Reporting K- 3 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 48 - 56

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 - Inquiries

L- 4 - Facsimile Proposals and E-Mail Proposals L- 5 - Instructions for the Preparation of Technical and Business Proposals L- 6 - Amendments to Proposals L- 7 - Type of Contract L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work

L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-10 - Notice of Buy American Requirements - Construction Materials L-11 - Service of Protest L-12 - Site Visit (Construction) Alternate I L-13 - Preparation of Proposals – Construction L-14 - Alterations in Solicitation L-15 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD 57

M- 1 - Evaluation Criteria M- 2 - Award Statement

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0343-S-16-0042

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/12/2016

PAGE OF PAGES

1 57

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service Region 1 – Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

USDA, Forest Service Region 1 – Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME Dale Reckley (dreckley@fs.fed.us)

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

(406) 329-3525

SOLICITATION

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

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

Beal Mountain Barren Pond Solids Removal Butte Ranger District

Price Range The Government’s estimate is: Between $100,000 and $250,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 50-calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time 6/14/2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70)

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

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

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USDA – Forest Service Region 1 – Acquisition Management 24 Fort Missoula Road Missoula, MT 59804

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work 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.

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

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

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

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

SECTION B - SUPPLIES OR SERVICES AND PRICES

Beal Mountain Barren Pond Solids Removal Butte Ranger District

B- 1 Schedule of Items

Base Items

Pay Item Item Description MM*

Estimated Quantity

Pay Unit

Unit Price

Amount

151 Mobilization, Demobilization, Bonding and Insurance LSQ All LS XXXXXXX $_________

204.03(a) Mix Clay and Biosolids CQ 1,180 CY $_________ $_________

204.03(b) Load, Haul and Dispose Mixed Biosolids AQ 5,000 TON $_________ $_________

204.03(c) Load, Haul and Dispose Liner AQ 4 TON $_________ $_________

204.03(d) Load, Haul, and Place Sandy Material Stockpile CQ 392 CY $_________ $_________

204.03(e) Load, Haul, and Place Existing Rock Stockpile CQ 30 CY $_________ $_________

204.03(f) Fuel Pad Embankment Regrading CQ 727 CY $_________ $_________

204.03(g) Load, Haul and Mix Sodium Bentonite AQ 15 EA $_________ $_________

624 Topsoil CQ 340 CY $_________ $_________

625 Turf Establishment CQ 0.5 AC $_________ $_________

667 Well Abandonment EA 1 EA $_________ $_________

TOTAL AMOUNT OFFERED (Base All Items)

Additive Item

Pay Item Item Description MM*

Estimated Quantity

Pay Unit

Unit Price

Amount

303 Road Reconditioning AQ 12 MI $_________ $_________

TOTAL AMOUNT OFFERED (Additive Item)

* Designated Method of Measurement:

AQ - Actual Quantities; LSQ - Lump Sum Quantities; CQ – Contract Quantities; EA – One Entire Unit

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

(a) Description of Work. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for successful completion of the work. The Contractor must furnish all labor, materials, equipment/tools, transportation, supervision, and supplies necessary to complete the work according to the contract. Work includes the following:

o Mobilization, demobilization, bonding, and insurance o Erosion Control Plan o Providing and implementing a site specific Health and Safety Plan (HASP) o Abandoning an existing water well o Maintaining project haul roads o Mixing existing onsite clay with stockpiled biosolids to produce a solid mixture* o Loading, hauling and dumping the clay/biosolid mix at the Butte Silver Bow Landfill o Placing rock and regrading and compacting onsite clay and sand o Providing, hauling, and placing topsoil o Turf establishment o Providing traffic control and signage during hauling operations o Road reconditioning work may be completed after completion of hauling operations

*The biosolids are highly malodorous.

Work for this project includes three major tasks and ancillary tasks. One of the primary tasks is to mix the west clay stockpile with stockpiled semi-solid biosolids and then load and haul the resulting mixture to the Butte Silver Bow Landfill. A second major task is the regrading and compacting of the east clay stockpile and the final major task is the abandonment of an existing water supply well. Ancillary tasks in support of these tasks include road maintenance on haul roads (blading and watering), preparing and implementing an Erosion Control Plan, Mobilization and Demobilization, and preparing and implementing a Health and Safety Plan.

One additive bid item is included with this contract. The additive bid item is for road reconditioning of all haul road surfaces following completion of hauling activities. Depending on available funding, the CO may choose to implement this additive bid item.

It is likely that other Contractors may be working in the general area on other projects; Contractor should anticipate possible delays in haul traffic that may occur as a result. Contractor shall coordinate activities for this project with other Contractors that may be working in the area to minimize delays to the extent possible.

This work requires potentially handling mine waste which may contain metals and other chemicals that are listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. 9601 and 9602. The Contractor and all Subcontractors shall provide written documentation that all onsite personnel engaged in the work have received the Occupational

Safety and Health Administration 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Training required under 29 CFR 1910.120.

C- 2 Project Location

The project is located on the Beal Mountain Mine, a former open pit gold mine. The Mine is located approximately 16 miles west southwest of Butte, Montana, near the headwaters of German Gulch Creek.

Access to the site is by exiting Interstate 90 at Exit 211 – Fairmont and then using one of two separate routes. Personnel vehicles and small trucks shall access the site by turning south off of County Road 441 (Fairmont Road) onto German Gulch Road near Fairmont Hot Springs. All multi-axle vehicles must access the site by turning south off of County Road 441 (Fairmont Road) onto a private road (Dave Smith Road) and following the private road until it rejoins German Gulch Road. This private road has gates at both ends that will be locked. The USFS will provide the Contractor with a key or other means of access.

C- 3 Price Range

Government Cost Estimate, per FAR 36.204, is between $100,000 and $250,000

C- 4 Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, 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).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers Fertilizers Roof Coatings Water Tank Coatings Adhesive and Mastic Removers Cleaners Sorbents Floor Finish Floor Stripper Composite Panels

Insulating Foam Sealers Carpet Metalworking Fluids Graffiti and Grease Removers Stain Removers Degreasers De-icers

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 www.biopreferred.gov. 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 U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).

Additionally, the winning 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 (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

http://www.biopreferred.gov/

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 5 Government-furnished Property

The U.S. Forest Service will provide the following Government-furnished property for use on this project:

(a) Bentonite clay in super sacks stockpiled onsite at Water Treatment Plant for plugging the well and for adding to biosolids.

(b) The freshwater pond is available as a water source.

C- 6 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects", FP-03, U.S.

Customary Units (U.S. Department of Transportation, Federal Highway Administration) (2003), are included in this solicitation by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available in PDF format on the Western Federal Lands Highway Division website at http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm.

C- 7 Forest Service FP-03 Supplemental Specifications

See Section J for the list of Forest Service FP-03 Supplemental Specifications that are incorporated into this solicitation and any resultant contract.

C- 8 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm

SECTION E - INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 50-calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The following is added:

It is estimated that work will begin on or around June 15, 2016. All work under this contract must be completed before the contract ending date.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 Use of Premises

Contractor shall confine equipment, storage of materials, and construction operations to the areas shown on the Drawings. Only authorized personnel are allowed to be onsite during construction activities.

Contractor shall not unreasonably encumber the site or public rights-of-way with materials and/or construction equipment. Should Contractor deem it necessary to work outside of the general construction areas shown, it shall be necessary for Contractor to obtain written approval from the CO.

Camping will not be permitted in the project area without written authorization of the CO.

The Contractor shall provide the location(s) of proposed staging area(s) for CO approval. Access must be maintained to other facilities on the site. The Contractor shall operate all equipment and store, transport, and handle material in a manner that will not damage existing infrastructure.

Site security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored at the site. The Contractor shall be responsible for all costs required to provide such protection.

The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the Site in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges, and refuse shall be removed promptly from the site and disposed in a lawful manner off National Forest Service System land. The Contractor shall pay for all landfill or transfer station fees associated with construction debris.

H- 2 Health and Safety

This work requires handling of clay and biosolids that are known to contain concentrations of certain metals and cyanide. Biosolid material is located on a lined facility and the west stockpile clay is stockpiled adjacent to the biosolids on a flat area below and to the west of the fuel pad area.

The following tables show results of the sampling and testing of the biosolids and concentration of metals, hydrocarbons and cyanide in the west clay stockpile and biosolids.

Table 1 - Total Leachable Metals Analyses (TCLP)

Sample ID Date As mg/L

Ba mg/L

Cd mg/L

Cr mg/L

Hg mg/L

Pb mg/L

Se mg/L

Ag mg/L

Biosolids

BP A 10/9/08 U0.5 U10 U0.1 U0.5 U0.02 U0.5 U0.1 U0.5

BP B 10/9/08 U0.5 U10 U0.1 U0.5 U0.02 U0.5 U0.1 U0.5

BP 10/25/12 0.25 0.065 U0.01 0.05 U0.0006 U0.015 U0.1 U0.05

BP-BS-1 10/7/15 U0.5 U10 U0.1 U0.5 U0.002 U0.5 U0.1 U0.5

BP-BS-2 10/7/15 U0.5 U10 U0.1 U0.5 U0.002 U0.5 U0.1 U0.5

BP-BS-3 10/7/15 U0.5 U10 U0.1 U0.5 U0.002 U0.5 U0.1 U0.5

Clay

BP-BC-1 10/7/15 U0.5 U10 U0.1 U0.5 U0.002 U0.5 U0.1 U0.5

BP-BC-2 10/7/15 U0.5 U10 U0.1 U0.5 U0.002 U0.5 U0.1 U0.5

All values in milligrams per liter U – Analyte concentration is less than laboratory reporting limit indicated

Table 2 – Hydrocarbons

Sample ID Date TEH Screen TEH C9C18 Aliphatics

C19C36 Aliphatics

C11C22 Aromatic

Biosolids

BP-BS-1 10/7/15 207 -- -- -- --

BP-BS-2 10/7/15 135 -- -- -- --

BP-BS-3 10/7/15 378 101 J16.0 36.0 47.0

Clay

BP-BC-1 10/7/15 -- -- -- -- --

BP-BC-2 10/7/15 -- -- -- -- --

All values in milligram per kilogram J – Estimated value – the result is greater than the method detection limit but less than the practical quantitation limit.

Table 3 – Cyanide and pH

Sample

ID

Date pH Cyanide – total

Cyanide – Free

Cyanide –

WAD

Cyanide – Reactive

Sulfide - Reactive

Biosolids

BP-BS-1 10/7/15 7.8 62 U4 2.2 U0.05 U20

BP-BS-2 10/7/15 7.6 58 U4 1.7 U0.05 U20

BP-BS-3 10/7/15 7.6 62 U4 1.2 U0.05 U20

Clay

BP-BC-1 10/7/15 7.9 2 U4 U0.5 U0.05 U20

BP-BC-2 10/7/15 7.9 1.1 U4 U0.5 U0.05 U20

pH – standard units. All other values in milligrams per kilogram U – Analyte concentration is less than laboratory reporting limit indicated

The concentrations shown above in Tables 1, 2 and 3 have been reviewed by the Butte-Silver Bow Landfill and deemed acceptable for disposal. The Contractor shall carefully note the concentrations shown above and shall minimize exposure to workers. This information shall be used to consider the potential for the release of cyanide gas during construction. Air monitoring for cyanide gas will be required in the Contractor’s Health and Safety Plan. The Contractor shall take measures to mitigate the risk of exposure to airborne dusts and monitor exposure levels. All dust emissions will be kept to a minimum. All site personnel shall be trained according to OSHA regulations, particularly 29 CFR

1910.120. This training is referred to as Hazardous Waste Operations and Emergency Response, or

HAZWOPER.

Emphasis shall be added in onsite safety meetings with respect to mitigating potential contaminant exposure through inhalation, ingestion, and/or skin contact.

Perform all operations in a prudent, conscientious, safe, and professional manner. Ensure that all personnel involved in handling biosolids and onsite clay are trained for the level of expertise required for the proper performance of the task. Knowledge of appropriate first-aid procedures is also required.

Provide administrative or engineering controls and personal protective equipment necessary to ensure worker protection according to 29 CFR 1910.120.

H- 3 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Key personnel shall remain on the project for the duration of work.

H- 4 Restoration by Contractor

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work area and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the

Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. All debris not designated for salvage shall be disposed offsite in a state-licensed landfill.

H- 5 Special Construction Techniques

Contractor shall be the sole authority for the means and methods necessary to complete the work as specified and shown in the Drawings, Specifications (FP-03 Standard Specifications and Forest Service Supplemental Specifications) and Contract Clauses. To the extent specialized or repeated handling, active and passive dewatering and other site-specific work methods are required as the wastes are removed/consolidated, the costs associated with these specialized work methods are incidental to the work. Contractor shall only be paid in accordance with its bid for those unit price and lump sum items expressly described in the Schedule of Items (Section B- 1).

Contractor assumes full and sole responsibility for the capability of selected construction techniques to complete the work in accordance with the contract documents. Contractor also assumes full responsibility for safety and environmental protection with his/her selected construction techniques. Submittal review in no way relieves Contractor of these responsibilities. The extent of construction technique submittal review by the CO shall be only to ascertain that the proposed technique appears capable of achieving a completed product consistent with the design intent of the contract documents.

During a previous contract, excavation of the biosolids caused a release of hydrogen cyanide (HCN).

Ferrous Sulfate was added to the biosolids to stabilize the cyanide and reduce the likelihood for release of HCN gas. The addition of ferrous sulfate was successful in reducing the generation of HCN gas, but there is a possibility that HCN could be released during this work. Air monitoring for HCN and Hydrogen Sulfide (H2S), Oxygen (O2), and Lower Explosive Limit (LEL) will be required during the work.

Monitoring procedures should be described in the Contractor’s Health and Safety Plan.

H- 6 Utility Locations

There are no known utilities available for the Contractor’s use at the Site. The Contractor is responsible for location of all underground utilities prior to ground disturbance elsewhere on National Forest System land. Damaged utilities shall be repaired at the Contractor’s expense. Contact 811 prior to any ground disturbance.

H- 7 Speed and Weight Limits

All loads leaving the site shall be covered or tarped. Posted speed limits shall be observed on all roads leading to the site as well as all other public roadways. Haul vehicles and all other vehicles used in the work shall strictly comply with these limits. Legal weight limits for public roadways and bridges shall be observed in all hauling activities. Three Forest Service bridges are located on the haul route. These bridges have varying weight limits depending on the AASHTO rating of the haul vehicles.

The weight limits for various AASHTO configurations are listed below:

Type 3 25 tons Type 3S2 36 tons Type 3-3 40 tons

H- 8 Permits

It shall be the Contractor’s responsibility to know and abide by any permit requirements for the work.

The cost to implement the terms and requirements of the permits shall be considered incidental to the work. Any permit requirements for record keeping and reporting are not necessary for this CERCLA project. Copies of any known permit requirements shall be submitted to the CO prior to initiating construction activities. Delay by the Contractor in obtaining any permit information, terms and requirements will not be grounds for any extension of the contract time.

H- 9 Construction Surveying and Staking

Staking of the construction limits at the fuel pad area shall be completed by the Government.

H-10 Maintenance of Fences

Any fences adjacent to any worksite shall be maintained by Contractor. Any adjacent fence removed or destroyed during the course of this contract shall be reinstalled or reconstructed in like kind at no cost to Government or landowner. The cost for this work shall be considered incidental and no additional compensation will be allowed.

H-11 Sanitation

The Contractor shall provide and maintain portable sanitation toilet facilities for the project. Contractor shall setup the facilities, maintain them during construction and remove them at the end of the project.

H-12 Submittals

The Contractor shall submit to the CO the following plans at least 14 days prior to beginning work. In addition, the Contractor shall supply the CO all required submittals for each bid item at least 14 days prior to commencing work on the corresponding item. All submittals will be reviewed and accepted or approved by the CO. Preparation of all submittals shall be considered incidental to the other work items in this contract.

(a) Construction Schedule (S-001). The Contractor shall prepare a detailed construction schedule that outlines the sequence of work, and specifies key construction milestones. The schedule shall allow time for inspection of work by the CO. An annotated bar or Gantt-type schedule will be acceptable for purposes of this deliverable.

(b) Health and Safety Plan (S-002). The Contractor shall submit to the CO a Health and Safety Plan before work commences. Minimum items to be included in the safety plan are:

• Project Description

• Authority, Roles and Responsibilities

• Proposed Competent Person and Qualifications

• Lines of Communication / Communication System

• Hazard Identification and Control

• Air monitoring for Cyanide Gas

• Evacuation Plan / Direction to Nearest Hospital

• Proposed Equipment

• Proposed Trenching and Excavation Safety Measures including Competent Person and

Qualifications (if any).

• Proposed Personnel Protective Equipment (PPE)

• First Aid Station

• Employee Training (40-hour HAZWOPER with 8-Hour Refresher a minimum)

In accordance with OSHA (29 CFR 1926), the Contractor is responsible for the safety of all work activities at the site and shall ensure that proper safety requirements are followed.

(c) Traffic Control Plan (S-003). The Contractor shall prepare and submit a Traffic Control Plan for haul roads prior to any activities. The plan shall include at a minimum:

• Locations of all signs, markers, barricades, and other traffic control devices to be used.

• Specifications for signs, markers, and barricades including references to Manual of Uniform

Traffic Control Devices (MUTCD).

• Locations for flag-persons, if used, along with anticipated dates and hours of use.

• Requested temporary road closures with period of closures and time when closures are anticipated.

• Alternate routes for public access around temporary closures.

The Traffic Control Plan shall be subject to review and approval, in writing, by the CO. No work shall commence until the Traffic Control Plan has been approved by the CO. Traffic control shall be provided in full compliance with the MUTCD standards. At the conclusion of daily and weekly construction activities, the Contractor shall ensure that proper traffic control measures remain in effect overnight and through the weekend.

The Beal Mountain Mine access road is closed to the public at the site boundary along German Gulch Creek. A locked gate prevents public access at this location. During hauling activities by the Contractor, this gate must remain closed except when trucks are entering or leaving through the gate. To effect this, the Contractor may choose to station personnel at the gate to open and close the gate as truck traffic passes through. In the absence of this, drivers must open and close the gate each time they pass through.

Contractor shall be aware that even though the public access through the gate is not permitted, other vehicles (such as Forest Service vehicles) may pass through the gates from time to time.

The Dave Smith access road is closed to the public and access is through locked gates. During hauling activities by the Contractor, gates must remain closed and locked except when trucks are entering or leaving through the gates. To effect this, the Contractor may choose to station personnel at the gates to open and close the gates as truck traffic passes through. In the absence of this, truck drivers must open, close and lock the gates each time they pass through. Contractor shall be aware that even though the public access through the gates is not permitted, other vehicles (such as Dave Smith or others allowed by him) may pass through the gates from time to time.

The Beal Mountain Mine access road is closed between December 1 and May 15 of each year at the Mount Haggin Wildlife Management Area parking lot.

(d) Erosion Control Plan (S-004). The Contractor shall submit an Erosion Control Plan (ECP) for construction activities associated with this project. The plan shall be written in accordance with the U.S.

Environmental Protection Agency’s Storm Water Management for Construction Activities; Developing

Pollution Prevention Plans and Best Management Practices, September, 1992. The Contractor shall include in the Erosion Control Plan the measures that will be taken for controlling runoff from precipitation and stormwater run-on and run-off at the site. The submitted plan is expected to be specific to the project site and shall detail locations and types of best management practices that will be used during construction and address any erosion control measures that will remain after the completion of construction.

The ECP shall identify and describe the types of Best Management Practices (BMPs) to be used during construction activities at the Site and shall identify the Technical Specification(s) for each proposed type of BMP. The ECP shall identify the proposed locations of each of the BMPs on maps and drawings.

The ECP shall describe procedures for inspection, maintenance, replacement and removal of BMP’s during construction activities at the Site and shall include a schedule of said inspections and maintenance.

The ECP shall describe procedures for documentation of inspections, maintenance, re-placement and removal of BMPs and shall include a description of criteria Contractor will use to evaluate proper inspection and maintenance of BMPs. The ECP shall require inspections which shall occur at a minimum of at least once every 14-calendar days and within 24 hours after any rainfall event of 0.5 inches or greater or as requested by CO.

Contractor shall install BMPs identified in the ECP, Special and Standard Provisions and Drawings. If, at any time during preparation of the ECP or construction activities at the Site, the CO determines that BMPs, in addition to those required by the Special Provisions, Technical Provisions, and Drawings are necessary to minimize storm water runoff or erosion of disturbed land, Contractor shall prepare a written modification of the ECP describing, in detail, the type and location of the proposed additions to the ECP and submit the same to CO for approval.

The ECP shall describe the method of re-placement of BMPs in the event of failure of BMPs, as well as the clean-up and re-placement of materials at the Site.

In the event CO determines that Contractor has failed to install and maintain BMPs as provided in the project specifications, contract provisions, contract drawings, or ECP, the CO may issue a stop work order. If a stop work order is issued, soil binders shall immediately be applied to disturbed surface areas.

The ECP shall provide that removal or movement of all BMPs shall be approved by the CO. Contractor shall maintain a copy of the ECP, current to date, at the Site.

Contractor shall install all BMPs and any additional or replacement BMPs in accordance with the ECP, project specifications, contract provisions, contract drawings for the price(s) bid.

(e) Other Submittals. The following is a listing of other submittals required under this contract. This list summarizes the requirements shown under each work item; however, the list may not be all-inclusive.

The Contractor is responsible for identifying all required submittals.

Item No. Submittal U.S. Forest Service Supplemental Specification – Section 204.03

Weight tickets from Butte Silver Bow Landfill

U.S. Forest Service Supplemental Specification – Section 713.01a

Cover Soil certifications

U.S. Forest Service Supplemental Specification – Sections 713.03 & 713.04

Fertilizer and seed certifications

U.S. Forest Service Supplemental Specification – Section 107.10

Hazardous Spill Plan

U.S. Forest Service Supplemental Specification – Section 204.03

Sampling Plan for Biosolids

H-13 Staging and Storage Areas

Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing approval from the CO to begin staging/housing material and equipment onsite. Fueling areas will be situated at least 150 feet from the normal high water mark.

H-14 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

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

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

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

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

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

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

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

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

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

(12) Pump and Trailer. N

(13) Burning. Before starting any open burning,…