AG-0489-S-10-0036.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

339243

US FOREST SERVICE

USDA U.S. Forest Service

EROC-NW

16400 Champion Way Sandy, OR 97055

JORGE SOMOZA 425-783-6053

1x 11/20/2009

AG-0489-S-10-0036

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

TAS::12 1102::TAS RECOVERY-BEAVER CREEK BRIDGE

MT. BAKER RANGER DISTRICT. MT BAKER-SNOQUALMIE NATIONAL FOREST

Price Range: The Government's estimate is between $500,000 and $1,000,000.

Technical Contact: Peter Wagner, (360) 856-5700 X-311

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

12/21/2009

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

US FOREST SERVICE

MONTY BELL

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0489-S-10-0036

TAS::12 1102::TAS Recovery-Beaver Creek Bridge

Delivery: 09/30/2010

Delivery Location Code: 05M6

USDA FOREST SERVICE

MT BAKER SNOQUALMIE NATIONAL FOREST

2930 WETMORE AVE SUITE 3A

EVERETT WA 98201 US

FOB: Destination

Period of Performance: 04/01/2010 to 09/30/2010

001 Beaver Creek Bridge

Product/Service Code: Z222

Product/Service Description:

MAINT-REP-ALT/HWYS-RDS-STS-BRDGS-RA

THIS IS AN AMERICAN RECOVERY AND REINVESTMENT ACT

OF 2009 (ARRA) PROCUREMENT.

Mail completed Copy to Submit to: Attention Monty

Bell, EROC-NW, USDA, U.S. Forest Service 16400

Champion Way, Sandy, OR 97055

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

RECOVERY-BEAVER CREEK BRIDGE

Mt. Baker-Snoqualmie National Forest

Mt. Baker Ranger District Whatcom County, Washington

The bidder must bid on all items.

NOTE: If Bidder does not intend to charge for an item, a price of "0" or "NO COST" should be shown. If the price is left blank or shown as “No Bid”, the entire Bid will be considered Non-Responsive

METHOD PAY ESTIMATED UNIT AMOUNT

PAY ITEM DESCRIPTION OF MEAS. UNIT QUANTITY PRICE OFFERED

170(02)A Establish Centerline D.Q. Sta 3.10 $ $ Precision A

170(02)B Establish Centerline D.Q. Sta 11.90 $ $ Precision C

170(03)A Slope Staking, D.Q. Sta 2.20 $ $ Precision B

170(03)B Slope Staking, D.Q. Sta 11.90 $ $ Precision C

170(04) Finish Staking, Subgrade D.Q. Sta 2.20 $ $ Precision B

170(05) Finish Staking, Base Course D.Q. Sta 2.20 $ $ Precision A

170(06) Staking Major Structure, D.Q. Each 1.00 $ $ Type Bridge, Prec. A

201(03) Clearing & Grubbing, Slash LSQ L.S. 1.00 $ $ Trtmt. Meth. for Tops & Limbs 4, Logs 4, & Stumps 4,.

Util of Timber 2

202(05)A Removal of Culverts LSQ L.S. 1.00 $ $

202(05)B Removal of Asphalt LSQ L.S. 1.00 $ $

SECTION B –SCHEDULE OF ITEMS (Continued)

RECOVERY‐BEAVER CREEK BRIDGE

203(02) Excavation, Placement D.Q. CY 1,200.00 $__________ $___________ Method 2

203(03) Excavation, Placement D.Q. CY 200.00 $__________ $___________ Method 3

203(10) Unsuitable Excavation D.Q. CY 9,.500.00 $__________ $___________

204(19) Soil Erosion and Pollution LSQ L.S. 1.00 $__________ $___________ Control

206(01) Structural Excavation DQ CY 190.00 $__________ $___________

210(03) Treatment of Existing LSQ L.S. 1.00 $__________ $___________ Roadway, Method A (Detour Removal)

249(02) Composite Roadway LSQ L.S. 1.00 $__________ $___________ Construction (Detour Construction)

251(01)A Placed Riprap, Class 7 D.Q. CY 200.00 $ $ Method A

251(01)B Placed Riprap, Class 9 D.Q. CY 500.00 $ $ Method A

304(10) Crushed Aggregate, Type D.Q. CY 390.00 $ $ Base, Grading D, Compaction B (Commercial Source)

403(01)A Hot Asphalt Concrete A.Q. Ton 50.00 $ $ Plant Mix, WSDOT Grading B (Road 1124)

403(01)B Hot Asphalt Concrete A.Q. Ton 130.00 $ $ Plant Mix, WSDOT Grading B (Road 11)

551(01) Steel H Piles, Furnished A.Q. LF 120.00 $ $

551(02) Steel Piles, Driven LSQ L.S. 1.00 $ $

551(07) Preboring A.Q. LF 108.00 $ $

551(10) Pile Shoes A.Q. Each 4.00 $ $

552(01) Structural Concrete, D.Q. CY 63.00 $ $ Class A(AE)

553(01) Precast Prestressed D.Q. Each 4.00 $ $ Concrete Structural Members (54” DBT)

554(01) Reinforcing Steel D.Q. LB 9550.00 $ $

556(01) Steel Bridge Railing D.Q. LF 192.00 $ $

556(04) Bridge Approach Railing, D.Q. LF 150.00 $ $ Type I, Class A

556(05) End Piece, Type C D.Q. Each 4.00 $ $

556(06) Anchorage D.Q. Each 4.00 $ $

564(01) Elastomeric Bearing Device D.Q. Each 8.00 $ $

601(01) Mobilization LSQ L.S. 1.00 $__________ $___________

625(08) Seeding, Dry Method LSQ L.S. 1.00 $ $ (with mulch).

634(01)A Pavement Markings, D.Q. LF 620.00 $ $ Type A, Color Yellow

634(01)B Pavement Markings, D.Q. LF 620.00 $ $ Type A, Color White

TOTAL BID PRICE : $_____________________

Name and address of Offeror: ________________________________________________________________________

Name and title of person authorized to sign offer: _______________________________________________________

Signature: ______________________________________________________________ Date: ___________________

TIN: __________________________ DUNS: ________________________

* Designated Method of Measurement DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities SQ - Staked Quantities, VQ - Vehicle Quantities

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK:

Project consists of the construction of a new 2-lane, approximately 90 foot long, concrete bridge (and associated approaches) to replace an existing culvert at Beaver Creek. Work includes clearing, detour constrution, dewatering, excavation & embankment, channel bed construction, riprap, pre-drilling, pile-driving, concrete, girder placement, railing, crushed aggregate base, asphalt, seeding, and other associated work. Work in the stream channel is limited to 7/1 – 9/30.

C.2 PROJECT LOCATION:

From Sedro Woolley, WA, take State Route 20 approximately 15 miles east to the Baker Lake Highway (FS Rd. #11), and then go up it to Beaver Creek, at Milepost 16.6.

C.3 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.4 AGAR 452.211-73 ATTACHMENT TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

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

C.5 PROJECT SCHEDULING:

Contract time shall be 180 days, but in-channel work can only be done from 7/1 – 9/30. Desire start date is April 1st, 2010.

C.6 COST RANGE:

The Government’s Estimate is between $500,000 and $1,000,000.

C.7 PRE-BID CONFERENCE:

NA.

C.8 FOREST SERVICE SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

(AGAR 452.236-78) (AUG 1996)

These specification are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract. The specifications are available on line at http://www.fs.fed.us/database/acad/dev/roads/roadscon.htm

C.9 SHOP DRAWINGS:

The following shop drawings shall be submitted for each subproject (4 sets unless noted). See FAR section 52.236-21(e) for Contractor's coordination, review, and approval requirements; see 52.236-21(f) for Contractor's duty regarding shop drawings showing variations from contract requirements.

Referenced by Time for Government Title Section No. Approval After Submittal

Prestressed Member Details 553.03 21 Days

Prestressed Precast Members 553.03 21 Days

C.10 MATERIAL CERTIFICATIONS, TESTING REPORTS & OTHER SUBMITTALS:

The following certificates, test reports, samples and test data shall be submitted for each subproject, unless they’re identical (3 sets each except only 2 samples unless noted). See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

Number Time for of Government Basic Detailed Copies Approval Reference Requirements To After Total Brief Title Section Section Submit Submittal

Traffic Control Plan 104.01 & 104.01 & 2 14 Days Gen. Notes Gen. Notes

Erosion & Sediment 204.03 & 204.03 & 2 14 Days Control Plan Gen. Notes Gen. Notes

Spill Prevention Control Clause H.2 Clause H.2 2 14 Days & Containment Plan

Quality Control 160.02 160.03 2 5 Days Plan

As Built Drawings 160.04 & 160.04(b) & 1 21 Days

161.03 161.03

Asphalt Disposal 202.04(a) 202.04(a) 1 N/A Receipt

Pile Driving Hammer 551.03 551.03 2 21 Days Specifications

Pile Field Splice 551.10 551.10 1 21 Days Details

Pile Field Splice 551.10(a) 551.10(a) 1 21 Days Welder Certificate

Prefabricated Pile Splice 551.10(a) 551.10(a) 2 21 Days Mfr's Literature & Instr.

Pile Shoe Attachment 715.08 715.08 2 21 Days Details

Concrete Mix Design 552.03 552.03 4 21 Days

Concrete Aggregate 552.03(v) 703.01 & 703.02 1 21 Days Certification

Concrete Admixtures 711.03 & AASHTO M 194 1 21 Days Certification 552.03(v) AASHTO M 154 711.02

Concrete Mix Designs 553.02 552.02 4 21 Days for Prestressed Members

Structural Concrete 552.10 552.10 2 21 Days QC Plan

PCI Plant Certification 553.03 553.03 4 21 Days Letter

PCI Plant QC Report 553.03 553.03 1 N/A

Portland Cement 701.01 & AASHTO M 85, 1 21 Days Certification & 552.03(v) Sec. 13 & 15 Labeling

Liquid Curing Compound 711.01 AASHTO M 148, N/A N/A Labeling Sec. 11

Reinforcing Steel 709.01 709.01(a) 1 21 Days Information

Prestressing Strand 709.03 AASHTO M 203M, 1 21 Days Certification Sec. 13

Elastomeric Bearing Pad 717.10 AASHTO M 251 1 21 Days Test Results Certification & Marking

High-Strength Non- Drawings 701.02(g) 2 21 Days Shrink Grout Data

Mortar Data Drawings 701.04 2 21 Days

Preformed Expansion Joint 712.01 712.01(b) 1 21 Days Filler Certification

Structural Steel Certified Test Reports

a. Steel Specified by 555.05 & 717.01 AASHTO M 160M 1 21 Days AASHTO Designation Sec. 18 & Supplement

b. Steel Specified by 555.05 & 717.01 ASTM A 6M 1 21 Days ASTM Designation Sec. 18 & Supplement

Marking of W-Beam Rail 710.06 AASHTO M 180, N/A N/A Elements & Hardware Sec. 11

Emulsified Asphalt 403.11 403.11 1 21 Days Tack Coat Information

Hot Asphalt Job Mix 403.05 403.05 2 21 Days Formula and Documentation

Asphalt Concrete Mixing 403.12 403.12 1 21 Days Plant Certification

SECTION D--PACKAGING AND MARKING

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

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

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 180 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. The name will be on the purchase order or designated in a letter/form.

B. The Contracting Officer’s Representative is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

G.2 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G.3 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

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

H.2 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS ( FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.3 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H.4 ARCHAEOLOGICAL OR HISTORIC SITES (USDA 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.5 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA

452.236-74) FEB 1988)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H.6 RIGHTS IN AND USE OF MATERIALS

(a) The Contractors, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

H.7 STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment.

All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H.8 EMERGENCY RESPONSE (USDA 452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fighting Fire. (1) The Contractor, under the provision 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 suppress a fire set or caused by the Contractor or the Contractor's agent 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 Emergency. 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.9 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H.10 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (March 2004)

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H.11 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Personnel.

Weather Conditions: The project site elevation is about 1080’ at Beaver Cr., and is generally accessible year round. However, the in-channel work can only be done from 7/1 to 9/30.

Transportation facilities: The project site is on the paved portion of the Baker Lake Highway (FS Rd.

#11), which has heavy recreational traffic, especially between Memorial Day and Labor Day.

Other Physical Data: None

H.12 FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, R6-FS-6300-52 (5/97)

Additional Fire Precautionary Measures - Tank Truck, R6-FS-6300-53 (5/89)

Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (5/89)

H.13 WDFW-USFS INTERIM MOU PROVISIONS (January 2005)

A copy of this MOU must be on site at all times when work is conducted under the provisions of Appendix A. Copy of the WDFW-USFS will be made available at the prework.

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill of a culvert that is in place. These projects are still bound the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing water are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

5. Any pump used for diverting water from a fish-bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the water body through the pump intake.

6. Fish within construction sites that will be dewatered or isolated from the main water body will be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all in water activities.

7. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

8. Alteration or disturbance of the bed, banks, and vegetation of waterbodies shall be minimized and limited to that necessary to construct the project.

9. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into waterbody. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

10. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

11. Wastewater from project activities shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

Heavy Equipment

12. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

13. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

14. To prevent contamination, equipment used around waterbodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

15. Fresh concrete, concrete by-products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

16. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

PERMANENT BRIDGE INSTALLATION AND REPLACEMENT

NOTE: Permanent bridge installation and replacement projects include new bridges that are installed for more than one year, replacing culverts with permanent bridges, and replacing or upgrading permanent bridges.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting permanent bridge installation or replacement projects.

1. In non fish-bearing waters, Provisions 2 and 3 (highlighted with a *) are not required.

2. *Bridges on fish-bearing streams shall be designed, installed, and maintained to provide unhindered passage for all fish species and all life stages that are likely to be encountered at the site.

3. * Forest Service shall notify WDFW when they begin the design process for permanent bridges on fish bearing streams. Collaboration is encouraged on these projects and can be initiated by either agency when there are concerns about any of these projects.

4. Installation of multiple span bridges with piers within the bankfull channel is not included under

Appendix A.

5. Bridges shall be designed, installed and maintained to accommodate the 100-year peak flow with consideration of the sediment load and large wood likely to be encountered.

6. Bridges shall be designed, installed and maintained to avoid negative channel effects such as scouring or erosion of the streambed or banks.

7. No abutments or exposed riprap shall be placed within the bankfull channel.

8. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

PERMANENT CULVERT, BRIDGE, AND FORD REMOVAL

NOTE: Permanent stream crossing structures include culverts, bridges, and fords of any size that have been in place for more than one year. The following provisions cover the permanent removal of these stream crossing structures.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting permanent culvert, bridge, or ford removal projects.

1. All fill material and man-made structures shall be removed from stream channels. The natural stream channel profile shall be restored. Bottom width opening of the fill removal at stream channel crossings shall be equal to, or greater than, the natural bankfull channel width.

2. Streambanks shall be shaped to blend in to the existing natural banks upstream and downstream from the crossing removal.

3. Streambed substrates shall mimic the natural streambed characteristics upstream and downstream of the crossing removal. Large woody material and/or large rocks may need to be placed within the crossing removal site to accomplish this objective.

4. The toe of the excavation shall be stabilized with large wood, appropriately sized rock, and/or vegetation as necessary to prevent excessive erosion of the new streambanks.

5. When removing culverts or fords on fish-bearing streams, construction sites shall be dewatered or isolated from flowing waters to prevent generation of sediment and minimize turbidity.

6. Dewatering is not required for culvert or ford removals on non-fish bearing streams unless substantial excavation of stream channel or culvert bedding materials will be required after the existing culvert or structure is removed.

Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is…