CompleteSolicitationAG0343S170031.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0343-S-17-0031 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 (see Section I, FAR Clause 52.228-1).

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:

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

Offers Are Solicited For:

PROJECT

2017 Barren Pond and Leach Pad Corridor Closure Beal Mountain Mine Beaverhead-Deerlodge National Forest Silver Bow County, Montana

AG-0343-S-17-0031

2017 Barren Pond and Leach Pad Corridor Closure/Beaverhead-Deerlodge NF

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums B- 3 - Additive or Deductive Items B- 4 - Incidental Payment Items

SECTION C - DESCRIPTION/SPECIFICATIONS 6 - 15

C- 1 - Project Description C- 2 - Statement of Work C- 3 - Project Information C- 4 - Project Magnitude C- 5 - Biobased Product Utilization C- 6 - Government-Furnished Property C- 7 - Attachments to Statement of Work/Specifications C- 8 - Submittals C- 9 - Staging and Storage Areas C-10 - Construction Sequence C-11 - Estimated Quantities C-12 - Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units (U.S. Department of Transportation, Federal Highway Administration) (2003) C-13 - Forest Service Supplemental Specifications C-14 - Project Plans

SECTION E - INSPECTION AND ACCEPTANCE 16

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 17

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS 18 - 21

H- 1 - Clauses Incorporated by Reference H- 2 - Emergency Response H- 3 - Incidental Payment Items H- 4 - Conformity with Drawings and Specifications H- 5 - Local Material Sources H- 6 - Samples, Tests, Cited Specifications H- 7 - Barricades, Warning Signs, and Other Devices H- 8 - Weed Free Equipment H- 9 - Landscape Preservation

H-10 - Invoice Processing Platform (IPP) H-11 - Prework Conference

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 22 - 35

I- 1 - Clauses Incorporated by Reference I- 2 - Paid Sick Leave Under Executive Order 13706 I- 3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I- 4 - Buy American - Construction Materials I- 5 - Bid Guarantee I- 6 - Performance and Payment Bonds - Construction I- 7 - Alternative Forms of Security I- 8 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I- 9 - Permits and Responsibilities I-10 - Alterations in Contract I-11 - Authorized Deviations in Clauses I-12 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 36 - 37

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 38 - 42

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 43 - 51

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 - Pre-Bid/Pre-Proposal Conference L-15 - Alterations in Solicitation L-16 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD 52

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-17-0031

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

6/15/2017

PAGE OF PAGES

1 52

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 R. Reckley

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):

2017 Barren Pond and Leach Pad Corridor Closure Beal Mountain Mine

Project Magnitude The estimated price magnitude is between $250,000 and $500,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 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 See Section L-5 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time July 18, 2017 (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: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

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)

DALE R. RECKLEY

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

2017 Barren Pond and Leach Pad Corridor Closure Beal Mountain Mine

B- 1 Schedule of Items

Base Bid Items

Pay Item

Applicable Drawings Item Description MM*

Pay Unit

Est.

Qty.

Unit Price

Amount

151 - Mobilization, Demobilization, Bonding and Insurance* LSQ LS 1 XXXXXXX $__________

157 - Erosion Control Plan LSQ LS 1 XXXXXXX $__________

157.06 (c) C10, D4 Permanent Rock Check Dams CQ CY 5.5 $_________ $__________

157.10 (b) - Sandbags AQ LF 290 $_________ $__________

158 - Water Days AQ DAY 15 $_________ $__________

203 C4, C5, C6, C7, C9

Remove and Salvage Pipe (943 LF Pipe Corridor), Fence (1,963 LF), and Obstructions

LSQ LS 1 XXXXXXX $__________

204.05 G4, C2, C3

Develop Borrow Area, Excavate, Haul, and Place Borrow Material to Beal Barren Pond, Compaction Method A, Reclaim Borrow Area

CQ CY 13,126 $_________ $__________

204.06 C4, C5, C6, C7

Pipe Corridor Excavation and Backfill, Compaction Method A CQ LF 943 $_________ $__________

204.08 C6, C6A, C7

Excavate and Stockpile Beal Leach Pad Cover-soil and Subsoil, Replace and Compact Beal Leach Pad Cover-soil and Subsoil, Compaction Method D

AQ CY 1,326 $_________ $__________

204.09 G4, C6, C6A, C7, D1, D5

Construct Leach Pad Spent Ore Containment Pad, Excavate and Stockpile Spent Ore, Replace and Compact Spent Ore, Compaction Method B

AQ CY 1,263 $_________ $__________

204.1 G4, D4 Spent Ore Storage Pad Removal, Compaction Method A LSQ LS 1 XXXXXXX $__________

219 C2, D1, D2 Install Beal Barren Pond Horizontal Drain (145 LF) LSQ LS 1 XXXXXXX $__________

Applicable Drawings Item Description MM*

Pay Unit

Est.

Qty.

220 C7, D1, D3

Preserve and Protect Top Liner System Edges (88 SY), Provide GCL and Geocomposite Drain Layers, Install Beal Leach Pad Top Liner System (844 SY)

AQ SY 844 $_________ $__________

221 C4, C7, D1, D2

Install Pipe Trench (50 LF), Install Pipe Bedding (17 CY), Reconnect and Reroute Active RO Pipe (85 LF), Install 10-Inch Air Purge Fixture, Install 10-Inch Vertical Cleanout Pipe, Perform Hydrostatic Pipe Test, Install 6- Inch Air Purge Fixture Drain Pipe

LSQ LS 1 XXXXXXX $__________

222 G4, D1 Sump 1 Pipe Drain Fixture LSQ LS 1 XXXXXXX $__________

223 C6, C7, D1 Install Pipe Plugs in Abandoned Pipe AQ EA 4 $_________ $__________

224 C6, C7, D1, D2

Repair Beal Leach Pad Bottom Liner LSQ LS 1 XXXXXXX $__________

225 C5, D1

Excavate Pipe Corridor Drain Trenches (245 LF), Install Pipe Corridor Horizontal Drains (245 LF), Compaction Method A

LSQ LS 1 XXXXXXX $__________

226 C5, C6, C7, D3

Rebuild Surface Water Diversion Channel (29 LF) LSQ LS 1 XXXXXXX $__________

230 - Remove and Dispose Miscellaneous Debris AQ TON 10 $_________ $__________

607 C5 Water Testing Existing Horizontal Drain LSQ LS 1 XXXXXXX $__________

619 C10, D5 Install Fence with Grounding System CQ LF 563 $_________ $__________

625 C10 Turf Establishment CQ ACRE 7 $_________ $__________

629 C10 Rolled Erosion Control Products AQ SY 1,170 $_________ $__________

650 D1 Air Purge Fixture Protection Structure LSQ LS 1 XXXXXXX $__________

TOTAL AMOUNT OFFERED (Base Bid Items) $______________________

Additive Bid Item

Applicable Drawings Item Description MM*

Pay Unit

Est.

Qty.

303 G4, C7 Road Work Improvements (Additive Bid Item) AQ SY 2,500 $_________ $__________

TOTAL AMOUNT OFFERED (Additive Bid Item) $______________________

* Designated Method of Measurement:

AQ - Actual Quantities, LSQ - Lump Sum Quantities; Contract Quantities

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. Include payments under 151 – Mobilization.

B- 3 AGAR 452.236-70 Additive or Deductive Items (FEB 1988)

The low bidder, for purposes of award, shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped, and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000 and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.

B- 4 Incidental Payment Items

The intent of this contract is to provide for the complete services of the project described in this contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contrac work will be made only for an under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Project Description

(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 Provide and implement a site specific Health and Safety Plan (HASP) o Develop and reclaim an onsite Borrow Area o Maintain project haul roads o Excavate and install horizontal drain in existing Beal barren pond o Excavate, haul, and place borrow material in Beal barren pond o Install Sump 1 pipe drain fixture o Excavate, remove, and salvage pipe o Excavate cover-soil and subsoil from the Beal leach pad o Construct and remove spent ore secondary containment pad o Excavate and stockpile spent ore from the Beal leach pad to the spent ore secondary containment pad, conduct liner repair, pipe removal, and install pipe plugs o Repair and reroute one (1) 10-inch diameter HDPE active Beal Reverse Osmosis (RO) pipe o Replace spent ore from spent ore secondary containment pad to Beal leach pad, repair Beal leach pad top liner system, replace Beal leach pad cover materials o Excavate and install horizontal drain connecting existing horizontal drain to pipe corridor o Final grading of reclaimed Beal barren pond area o Remove and salvage fencing and gates o Install new fence with salvaged fence materials

C- 2 Statement of Work

Work for this project requires 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.

The total price for each item of the contract shall cover all work shown on the Drawings and required by the contract specifications (FP-03 Standard Specifications and Forest Service Supplemental Specifications), contract clauses, and other contract documents. All costs in connection with the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction equipment, tools, incidentals;

and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and lump sum prices bid. No item that is required by the contract documents for the proper and successful completion of the work will be paid for outside or in addition to the prices submitted in the bid.

Work shall include all incidentals necessary to complete the project as specified in the contract regardless of whether the incidental work is identified in the contract documents.

C- 3 Project Information

(a) 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 through 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. Long wheelbase vehicles delivering equipment or materials may access the site by turning south off of County Road 441 (Fairmont Road) onto a private 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. The Contractor is responsible for adhering to the terms of the temporary road use permit for the private road, including the following:

o closing the gates upon each pass through, o preventing unnecessary damage to land, timber, soil, water, other resources and other improvements, o minimizing traffic on the road by using alternate routes for most access and only using the private road access for large vehicles and equipment, and o displaying a placard for each vehicle using the private road access.

(b) Special Construction Techniques. Contractor should consider the following factors when preparing the bid and planning for the project:

The Contractor may encounter wastes of varying characteristics on the same site. Mine or mineral processing wastes may be encountered at the project site, such as waste ore, building debris, or other deposited materials. It may be necessary for the Contractor to stop work temporarily at the location of the encountered items so that the CO can investigate and determine an appropriate path forward.

Unanticipated subsurface features will be handled in accordance with Federal Acquisition Regulation clause 52.236-1, Differing Site Conditions.

This work includes construction activities which require Contractor to conduct work in a reasonable and prudent manner so as to avoid damage to existing infrastructure and components such as pipes, cover liner system, and materials containment liner system. Contractor shall anticipate that handwork provided by a laborer will be necessary to complete the work.

The Contractor assumes full and sole responsibility for the capability of proposed construction techniques to complete the work in accordance with the contract documents. The Contractor also assumes full responsibility for safety and environmental protection with the 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.

(c) Government Provided Facilities. The USFS Beal Mountain Mine Office Job Trailer will have one outside 15-amp outlet available for Contractor’s use

(d) Utility Locates. The Contractor is responsible for location of all underground utilities prior to ground disturbance on National Forest System land. Damaged utilities shall be repaired at the Contractor’s expense.

Contact 811 prior to any ground disturbance.

(e) Use of Premises. Contractor shall confine equipment, storage of materials, and construction operations to the areas approved by the Contracting Officer. 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 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 of the Contracting Officer.

Camping will not be permitted in the project area without written authorization from Contracting Officer.

The Contractor shall provide the location(s) of proposed staging area(s) of Contracting Officer approval.

Access must be maintained to other facilities at 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 the use on the project and stored at the Site. The Contractor shall be responsible for all the 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 of 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.

(f) 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

(g) Permits. Permits are not required for the work at the Site. 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.

In implementing the work, Contractor shall satisfy the substantive terms of any specific permit or nationwide permit. Contractor shall direct any questions concerning permit requirements to the CO.

(h) Sanitation, Health and Safety.

(1) The Contractor shall observe rules and regulations of Federal, State and local health officials.

Contractor shall not permit any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous.

(2) The Contractor shall provide and maintain portable sanitation toilet facilities for the project.

Contractor shall set up the facilities, maintain them during construction and dismantle them at the end of the project.

(3) This work requires handling of spent ore materials located inside the Beal leach pad that are anticipated to contain concentrations of certain metals and cyanide. During mining operations, the native ore material was mined, crushed, stockpiled, and leaching solution containing cyanide was applied to the stockpiled ore. Spent ore is defined as native material that has been left following the leaching process.

Known concentrations for Beal leach pad spent ore and Beal leach pad solution are presented in Tables C-3-01 and C-3-02 below.

Table C-3-01. Beal Leach Pad Solution.

Analyte Arsenic Copper Iron Selenium Total Cyanide

Weak Acid Dissociable Cyanide

Unit mg/L mg/L mg/L mg/L mg/L mg/L

Human Health

Standard1

0.01 1.3 -- 0.05 0.2 --

Highest Concentration 0.472 0.35 41.6 0.534 10.6 2.01

Highest 2016 Concentration 0.304 0.17 0.63 0.107 1.43 0.023

Note: all metals as total recoverable.

Source: Project database for period 2003 through 2016.

Montana Department of Environmental Quality 2017. Circular DEQ-7, Montana Numeric Water Quality Standards, April.

Table C-3-02. Beal Leach Pad Ore.

Analyte Aluminum Barium Iron Zinc

Unit mg/Kg mg/Kg mg/Kg mg/Kg

Screening Level Industrial Soil 11 x 10^5 2.2 x 10^5 8.2 x10^5 3.5 x 10^5

Highest Concentration 0.3 0.5 0.43 0.02 Note: No data available for spent ore. Limited data available, run of pit ore presented. All metals as total recoverable.

Source: Schafer and Associates 1994. Beal Extension Environmental Geochemistry Baseline Report.

The Contractor shall exercise caution while working with materials located from within the Beal Leach Pad to minimize exposures to workers. 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 Occupational Safety and Health Administration (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.

(4) The Contractor shall comply with the OSHA regulations for hazardous waste sites (29 CFR 1910.120). Due to the presence of hazardous materials on the project, the Contractor’s personnel working at the Site are required to have completed OSHA 40-hour HAZWOPER training and subsequent refresher training to be eligible to work on this project. All subcontractors, including but not limited to, surveyors, revegetation personnel, etc, shall have completed HAZWOPER training. Before work commences, the Contractor shall prepare and submit a list of qualified personnel and their certifications and ensure that all personnel at the Site follow the requirements of the Contractor’s required Site Health and Safety Plan (FAR 52.236-13 Alt 1).

Contractor shall perform all operations in a prudent, conscientious, safe, and professional manner. Ensure that all personnel involved in handling spent ore materials 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.

During a previous contract, excavation of biosolids materials contained in Beal barren pond caused a release of hydrogen cyanide (HCN). Ferrous Sulfate was added to the biosolids materials to stabilize the cyanide, which was successful in reducing the generation of HCN gas. The biosolids materials were removed from the Site and disposed at a local licensed landfill. Although not anticipated, there is a possibility that HCN gas could be released during excavation and handling of the spent ore materials during this work. Air monitoring for HCN and Hydrogen Sulfide (H2S) and Oxygen (O2) will be required during work activities within the Beal leach pad. Monitoring procedures should be described in the Contractor’s Health and Safety Plan.

C- 4 Project Magnitude

Government Cost Estimate, per FAR 36.204, is between $250,000 and $500,000

C- 5 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

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.

http://www.biopreferred.gov/

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.

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.

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- 6 Government-furnished Property

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

o Onsite borrow area for development and excavation of soils to be used in the reclamation of Beal barren pond o 6-inch HDPE pipe and fittings o 10-inch diameter HDPE pipe to be excavated from current location and portions of which reassembled to connect active Beal Reverse Osmosis (RO) Water Treatment Plant pipe o Bentonite clay in super sacks stockpiled onsite at Beal RO Water Treatment Plant for placement under the repaired Beal leach pad liner and pipe penetrations o Linear Low-Density Polyethylene (LLDP) liner measuring approximately 105 ft. by 200 ft., for temporary placement of spent ore stockpile o The freshwater pond, as shown on DRAWINGS, is available as a water source.

C- 7 Attachments to Statement of Work/Specifications (AGAR 452.211-73) (FEB 1988)

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

C- 8 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 shall 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) 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:

o Project Description o Authority, Roles and Responsibilities o Proposed Competent Person and Qualifications o Lines of Communication / Communication System o Hazard Identification and Control o Air Monitoring for Hydrogen Cyanide Gas (HCN), Hydrogen Sulfide Gas (H2S), and Oxygen (O2) o Evacuation Plan / Direction to Nearest Hospital o Proposed Equipment o Proposed Trenching and Excavation Safety Measures, including Competent Person and Qualifications

(if any).

o Proposed Personal Protective Equipment (PPE) o First Aid Station o 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 sites and shall ensure that proper safety requirements are followed.

(b) Erosion Control Plan (S-003). The Contractor shall submit an Erosion Control Plan (ECP) for construction activities associated with this project. See Section 157.03.

(c) Quality Control Plan (S-004). The Contractor shall provide quality control to assure that construction complies with the requirements of the project specifications, contract provisions, and contract drawings. The CO will be responsible for quality assurance in the form of receiving and reviewing all quality control documentation as provided by the Contractor, including construction oversight and any additional testing as deemed necessary by the CO.

The Contractor shall submit a Quality Control Plan in accordance with FP-03 Standard Specification 153, Contractor Quality Control.

(d) Decontamination Plan (S-005). The Contractor shall submit a Decontamination Plan that includes a proposed area where vehicles and equipment shall be decontaminated and a description of the decontamination process. Only vehicles that come in contact with contaminated material or other solid or liquid hazardous waste shall require decontamination. The design and construction of the decontamination area, including wastewater collection and storage facilities, must be approved by the CO prior to use. Contractor shall be liable and responsible for any release of wastewater or hazardous substances from the work areas.

Contractor shall also describe procedures to prevent the uncontrolled spread of contaminated materials onsite.

The procedures should provide means for minimizing or preventing tracking or spillage of spent ore from excavation areas onto access and haul roads and material storage areas. Accidental spills of contaminated material on haul roads shall be removed immediately.

Costs of all cleanup work and decontamination shall be considered incidental to other items of work and no additional compensation will be allowed. All decontamination wastewaters shall be disposed of through evaporation or otherwise in accordance with law.

(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 Forest Service Supplemental Specification – Subsection 107.10

Spill Prevention Plan

Forest Service Supplemental Specification – Sections 219 and 714

Type I-B geotextile - manufacturer’s cut sheet

Forest Service Supplemental Specification – Section 224

HDPE Beal leach pad bottom liner repair -manufacturer’s cut sheet and installation personnel

Forest Service Supplemental Specification – Section 221

Air purge valve - manufacturer’s cut sheet

Forest Service Supplemental Specification – Section 219

Perforated pipe - manufacturer’s cut sheet

Forest Service Supplemental Specification – Section 225

Perforated pipe - manufacturer’s cut sheet

Forest Service Supplemental Specification – Sections 220 and 714

GCL and geocomposite drain layer - manufacturer’s cut sheet

Forest Service Supplemental Specification – Sections 226 and 629

Turf reinforcement mat - manufacturer’s cut sheet

Forest Service Supplemental Specification – Section 230

Weight tickets from a state licensed landfill

Forest Service Supplemental Specification – Section 650

Air vent fixture protection structure - manufacturer’s cut sheet or Contractor’s proposed item(s)

Forest Service Supplemental Specification – Section 221

HDPE pipe bedding - manufacturer’s gradation results

Forest Service Supplemental Specification – Section 629

Erosion Control Mat - manufacturer’s cut sheet

Forest Service Supplemental Specification – Subsection 703.03

Drain rock bedding Contractor provided -manufacturer’s gradation and bulk density results

Forest Service Supplemental Specification – Subsections 713.02 & 713.03

Fertilizer and seed certifications

C- 9 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.

Contractor shall have petroleum absorbent pads onsite at all times during the construction period.

C-10 Construction Sequence

The Contractor is responsible for determining the sequence for construction. However, the following construction sequence is provided to assist the Contractor in understanding the project.

o Mobilization o Borrow area development o Test existing horizontal drain o Beal Barren Pond Horizontal Drain System Installation o Excavate, Haul, and Place Borrow Material in Barren Pond o Excavate and stockpile Beal leach pad cover material o Cut and removed Beal leach pad top liner system, salvage where required o Construct spent ore containment pad o Excavate and stockpile spent ore material on spent ore pad o Cut Beal leach pad bottom liner o Excavate and expose abandoned process pipe corridor and active Beal RO pipe o Remove and salvage abandoned process pipe o Install pipe plugs where required o Remove and salvage active Beal RO pipe where required o Backfill and compact unused pipe corridors o Construct new portions of active Beal RO pipe corridor where required o Repair Beal leach pad bottom liner o Repair and reroute active Beal RO pipe o Install pipe corridor horizontal drain o Replace spent ore in leach pad o Repair Beal leach pad top liner system o Repair surface water diversion channel o Replace Beal leach pad cover material o Complete final grading o Fencing o Reclaim borrow area o Fertilize and seed where required o Demobilization

Not all work items are shown in this suggested sequence. Some items not listed (such as erosion controls) can or will be performed throughout the project.

The RO Active Pipe may be in use during construction. The Contractor shall provide the Government with a minimum of 5 days advance notice prior to working on this pipe. This work will require Contractor to closely coordinate all onsite work activities, work schedules, and anticipated component completion times with CO due to avoid undue delays.

C-11 Estimated Quantities

Estimated quantities of materials that will be needed for the project are shown in the Schedule of Items. All estimated quantities are approximate and are to be used only as a basis for estimating the cost of the work and for the purpose of comparing the bids submitted for the work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. All estimated quantities designated as cubic yards shall be considered bank cubic yards unless otherwise noted.

C-12 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units (U.S. Department of Transportation, Federal Highway Administration) (2003)

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) are included by reference only. The requirements in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) 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-13 Forest Service 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-14 Project Plans

See Section J for the listing of Project Plans (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) 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (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 60-calendar days from the 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 July 24, 2017. All work under this contract must be completed before the contract ending date.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

H- 2 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 3 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 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…