SOW_Specs_ Snow_Creek.doc

Design-Build of

Snow Creek, Forest Road No. 2850000 MP 0.38 Project on the Olympic National Forest

REQUEST FOR PROPOSAL

Solicitation No. AG-0489-S-10-0072

U.S. Department of Agriculture

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

NOTICE TO OFFEROR

This procurement is full and open competition under the small business competitive demonstration program.

PROPOSAL BOOKLET

It is the responsibility of the offeror to verify that this proposal booklet is complete. The offeror is responsible for submitting all required forms and documents with the offer.

Applicable FAR provisions and clauses in this RFP are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at www.arnet.gov/far/. Offerors are strongly encouraged to review the provisions and clauses referenced in this document before submitting a proposal.

CENTRAL CONTRACTOR REGISTRATION

You must register in the Central Contract Registration (CCR) prior to award of this contract. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. See FAR Subpart 4.1103(c). Register online at www.ccr.gov or call toll free: (888) 227-2423.

BONDING

Reimbursement will be made for premiums paid by the Contractor to obtain performance and payment bonds required under this contract. Payment will be included in the mobilization item and shall not be in addition to the contract price.

INSTRUCTIONS TO OFFERORS

GENERAL:

By submission of its offer in accordance with the instructions provided in this Section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto.

DISCREPANCIES:

If an offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

SUBMISSION OF OFFERS:

This procurement will be conducted in accordance with Federal Acquisition Regulation (FAR), Subpart 36.3—Two-Phase Design-Build Selection Procedures, authorized by 41 U.S.C. 253m.

For Phase I, Offerors shall submit the following information by COB, Friday, January 15, 2010:

Phase I Proposals

1. Offeror’s specialized experience and technical competence to perform the requirements of this solicitation;

2. Offeror’s capability (available personnel with necessary skills) to perform the requirements of this solicitation; and

3. Offeror’s past performance, including information on planned partners in the project (ie: arch fabricators/designers, architect-engineers and construction members) demonstrated over the past 3 years.

Based upon the evaluation of Phase I proposals, the five (5) highest rated Offerors will be selected to submit Phase II proposals. For Phase II, The Government will evaluate the Offeror’s price and technical proposals.

For Phase II, Offerors shall submit the following information by COB, Friday, February 12, 2010:

Phase II Proposals

1. Price proposal, including itemized price breakout which will be used as a Schedule of Items for payment purposes;

2. Technical/ Quality Proposal including;

a. Design concept (including a preliminary cross section of the arch and foundation showing proposed fabrication shape (span, height, end area, varying radii, corrugation dimensions (ie: 152mm x 51mm (2”x 6”) or other proposed), steel gage or thickness, foundation dimensions and any additional components (thrust blocks and/or stiffening ribs all meeting or exceeding the governments “minimum design criteria” described on the page 3 of 10 of the drawings.

b. Time schedule for design and construction phases; and

3. Bid bond.

The packaging used in submitting the proposal must clearly identify the solicitation number and the date and local time specified in the solicitation for receipt of proposals. Offerors using commercial carriers should ensure that this information is marked on the outermost wrapper. Proposals should be submitted to the following address:

EROC-NW, CONTRACTING OFFICE

ATTN: AG-0489-S-10-0072

16400 CHAMPION WAY

SANDY, OR 97055

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0072

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

DEC 17 2009

PAGE OF PAGES

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

EROC NW- CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

SAME AS NO. 7

9. FOR INFORMATION

CALL:

A. NAME

TONYA RYMER OR M. DEVRIES

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 503-668-1689 /1707

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):

Design-Build Snow Creek Open Bottom Arch Culvert, Forest Road No. 2850 MP 0.38 Olympic National Forest Design, furnish, and construct a open bottom arch culvert.

ALL WORK to be completed by Sept 15, 2010.

Limited road closure of 60 days.

Construction Period July 15, 2010 to Sept 15, 2010

Jefferson County, Washington

GOVERNMENT ESTIMATE OF MAGNITUDE $250,000 to $500,000 Phase I proposals due COB, January 15, 2010; and Phase II proposals due COB, February 12, 2010.

Five (5) Offerors will be selected for Phase II evaluation.

11. The Contractor shall begin performance within 30 calendar days and complete it within 411 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See F.2 .)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. (hour) local time, JANUARY 15, 2010 (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

FORMCHECKBOX

is, FORMCHECKBOX is not required.

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 60 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)

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 SEE SCHEDULE OF PRICES

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

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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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 or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

CONTINUATION OF SF 1442, Block 9:

For questions regarding access to the Federal Business Opportunities (FBO) website or how to obtain plans and other solicitation documents, please contact JESSICA WILSON at PHONE # 503-668-1707 All technical and contracting questions regarding this solicitation must be submitted in writing to:

E-mail address:

MDEVRIES@FS.FED.US

FAX Number:

503 668 1621 Mailing Address:

SEE ABOVE

All amendments resulting from this solicitation will be uploaded to the FBO website at http://www.fbo.gov .

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ROAD 2850000 M.P. 0.38, DESIGN & CONSTRUCT

SNOW CREEK

B- 1 SCHEDULE OF ITEMS

DESIGN:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

60212

Professional Engineer Design

(Snow Creek Culvert & Foundation Design)

Lump Sum

SUBTOTAL PRICE (DESIGN) $____________

B- 2 SCHEDULE OF ITEMS - CONSTRUCTION:

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

15201

Construction survey and staking, method 2, tolerance B

Lump Sum

15401

Contractor testing

Lump Sum

15713

Soil Erosion & Pollution Control

Lump Sum

20105

Clearing and grubbing, disposal of tops and limbs L, logs L, stumps L

Lump Sum

20301

Removal of existing culvert

Each

20802

Foundation fill

Cubic Meter 18*

20806

Structure excavation

Lump Sum

20808

Structure backfill

Lump Sum

25101

Placed riprap, class 5

Cubic Meter 77*

32450

Crushed Aggregate Surfacing, compaction method D

Cubic Meter 61*

55203

Structural concrete class A(AE)

Lump Sum

2556mm minimum rise, 5.5mm minimum (gage) thickness, Structural Plate Bottomless Arch

62528

Seeding, Fertilizing, and Mulching, _DRY_ Method

Lump Sum

63501

Temporary traffic control

Lump Sum

64804A Placed Streambed simulation rock, select borrow, method A

Cubic Meter 51*

64804B Placed Streambed simulation rock, bed class 225, method A

Cubic Meter 178*

64804C Placed Streambed simulation rock, bed class 900, method A

Cubic Meter 190*

64804D Placed Streambed simulation rock, Channel rock size 1, method A

Cubic Meter 19*

64804E Placed Streambed simulation rock, Channel rock size 2, method A

Cubic Meter 39*

64804F Placed Streambed simulation rock, Channel rock size 3, method A

Cubic Yard 19*

SUBTOTAL PRICE (CONSTRUCT) $____________

CONTRACT TOTALS:

SUBTOTAL PRICE (DESIGN) $____________

SUBTOTAL PRICE (CONSTRUCT) $____________

(DESIGN & CONSTRUCT) TOTAL PRICE: $___________

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

This solicitation and any resulting contract is for the design, furnishing, and construction of a open bottom arch culvert and with a cast-in-plase concrete foundation. This project includes: stream channel construction; road construction; and other associated work.

The government has provided preliminary conceptual design drawings of the open bottom arch culvert with cast-in-place footings. The designed road allignment & road width, culvert length, riprap headwall and stream simulation design (constructed stream bed materials, grades and arrangement) are expected to remain as shown in government drawings.

The contractor provided design shall include the design of a metal open bottom arch and foundation meeting the required “minimum criteria” outlined in the general notes of the drawings and the noted design specification and requirements noted in section C.7 (Design Specifications and Requirements).

The design work under Item No. 60212 of the contract shall include, but is not limited to: completing all structural calculations (arch and foundation design, final rebar sizing and spacing; and required concrete dimensions) of the structural open bottom arch culvert with cast in place foundation using the contract design specifications and proposing and applying any cost savings details to the design. Final design calculations and design drawings shall be supplied stamped by a licensed professional engineer with current licensing in the State of Washington. It is recommended all offerors carefully review the provided government drawings and contract specifications to verify the scope of work to be completed in the design and construction of Snow Creek Open Bottom Arch Culvert.

C.2 Project Location This project is located on Forest Service Road 2850000 MP 0.38 on the Hood Canal Ranger District of the Olympic National Forest, Section 9, Township 28 North, Range 02 West, W.M., near Quilcene, Washington. It may be reached by driving north on State HW 101 from Quilcene, WA , about 5 miles to County Road 3529. Take the 3529 Rd to County Road 3423, take County Road 3423 west to County Road 3427. Take County Road 3427 North to FS Rd. 285000. Drive northwest on FS Rd 2850000 0.38 miles to the project site at Snow Creek.

C.3 Project Scheduling Item 60212 Professional Engineer Design (Snow Creek Open Bottom Arch Culvert) must be completed prior to requesting a Notice to Proceed for construction work. The construction operating season for this project is from July 15st – Sept 15th and all other minor work the site must be completed by Oct 30th .

The road closure to complete work at the stream crossing is limited to a maximum of 60 days between July 15th and Sept 15th .

In-stream work is only permitted after dewatering the crossing with an approved dewatering and erosion control plan.

Operating Season: Inclusive dates during which operations are permissible.

Construction Season:

7/15 – 9/15

In-stream work (HPA/MOU) 7/15 – 9/15

Hand Tools:

Power Tools/2 Chainsaws

Machinery/Car Traffic

Notes: Power Tools/2 Chainsaws - any power tools with noise output no more than two chainsaws.

Machinery/Car Traffic - any machinery with noise output no more than normal vehicular traffic at site (e.g. small excavator/backhoe).

Pre-bid Conference:

None scheduled.

C.4

APPLICABLE SPECIFICATIONS, SUBMITTALS, AND MATERIAL

CERTIFICATIONS

(a) Applicable Specifications:

Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications (FAR 52.210-3) (APR 1984) and Standards (GSAIFSS), may be obtained from:

Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects

FP-03

Metric Units Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

P.O. Box C700

100 Bar Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

Highway and Transportation Officials

444 North Capitol Street, NW

Suite 249

Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org

References to Standard Specifications in the contract refer to the STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, FP-03 METRIC UNITS.

Sections 100 through 149, and other Standard Specifications, listed on the Specification List, are included in this solicitation by reference only. Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

The Supplemental Specifications are also given on the Specification List but are physically attached in Section J. All requirements contained on the Specification List or attached are hereby made a part of this solicitation and any resultant contract.

(b) Product Substitution:

Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award

(c) Shop Drawings:

The following shop drawings shall be submitted on this project (4 sets unless noted):

(d) Submittals:

Provide submittals as required by the following specifications:

As Built Drawings 104.03 Certification Arch Structure meets Span and Loading Requirements

107.10 Hazardous Spill Plan Material Sources

Construction Survey and Staking

Contractor Quality Control Plan

Erosion Control Plan

Pipe Removal disposal receipt required.

Dewatering Plan

Riprap Structural Concrete Structural Plate Structures

Seeding weed free

Stream Simulation rock gradation

Foundation Fill (704.01)

Weed free mulch Additional submittals:

Fire Plan Form

Proposed Work Schedule (e) Samples:

Physical examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices (ie: Contractor Provided Sources: riprap gradation, stream simulation rock gradation, foundation fill, aggregate, etc.)

(f) Manufacturer's requirements and data:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

(e) Material Certifications and Testing Reports:

* - material certification , t - onsite testing, v - onsite inspection, g – government approval offsite ssc - installed per supplemental specification compaction, md – mix design

SUBMITTALS, SHOP DRAWINGS, SAMPLES, MANUFACTURER’S DATA, MATERIAL CERTIFICATIONS AND TESTING REPORTS SHALL INCLUDE THE FOLLOWINGS:

1.

Date and Revision Dates.

2.

Project Name and Contract Number.

3.

Names of Contractor, Subcontractor, Supplier, and Manufacturers.

4.

Field Dimensions and Relation to Adjacent Structures.

5.

Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

WORK REQUIRING SUBMITTALS OR CERTIFICATION SHALL NOT BEGIN UNTIL SUBMITTALS HAVE BEEN APPROVED IN WRITING BY THE CO.

TESTING REPORTS SHALL BE SUBMITTED FOR CO APPROVAL.

C.5 Physical Data

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.

Weather Conditions:

Weather conditions suitable for ground excavation are normally expected in May through October. Rain, sometimes heavy, is normal throughout the winter, with periods of light to moderate snowfall. Night freezing is common throughout the winter and several periods of weeklong freezes are likely.

Transportation facilities: Road access is adequate.

C.6 Existing Permits All stream work related to this project shall be performed in accordance with the terms of a Washington Dept. of Fish & Wildlife (WDFW) MOU (Memorandum of Understanding) permit for this project (attached to the solicitation).

C.7 Design Specifications and Requirements As used herein, the term "design specifications” shall include the specifications and requirements listed below:

The open bottom arch culvert shall be designed and constructed to match the roadway and stream widths, grades, elevations in the government drawings provided for Road 2850000 M.P. 0.38, Snow Creek.

Engineering the open bottom arch culvert consist of reviewing the provided drawings and contract and conducting site inspections necessary to finalize the design of a culvert; preparing preliminary and final design calculations, drawings and specifications for review by the Government; making changes and revisions to the submitted calculations, drawings and specifications as requested by the Contracting Officer prior to final acceptance; and other incidental work as required by normal engineering practices. See Special Contract Requirements for requirements concerning the Designer(s) of Record.

Structural design of the culvert and foundation shall consider and meet:

(a) All applicable requirements under AASHTO Standard Specifications for Highway Bridges, 17th Edition, 2002” with addendums through 2005.

(b) A Design load for HS25 or Mobile Spars (Skagit BU-101 Yarder or Skagit BU-99 Yarder with T-110 Tower) with impact at 25% (whichever is greater).

Include all applicable soil pressures (weights) required by the design specification.

(c) The concrete footings shall be of concrete strengths, class and finish noted in the government drawings or approved alternative. The foundation footing depth shall equal or exceed those shown in the government drawings. The stem wall height shall match or exceed the height shown in the government drawings and allow full construction of the streambed prior construction of the steel arch.

(d) The designed and constructed structural arch and foundation shall meet or exceed all applicable of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects including but not limited to Section 707 reference to AASHTO M167 for sizes and types of specified structural steel culverts. In addition the culvert and foundation must meet or exceed the “minimum criteria” noted on the general notes of the government drawings.

C.8 Design Schedule, Design Submittals, Measurement and Payment Preliminary Design The Contractor shall submit a preliminary design for acceptance by the Contracting Officer within 21 days after issuance of the Notice to Proceed for Design Work. Electronic version (AutoCAD) of the government drawings will be made available at request after contract award. The preliminary design shall be sufficiently detailed markup of the Government Snow Creek Drawings (attached) showing the cross-section of the proposed structure and any additional drawings and calculations for the Contracting Officer to determine the overall culvert & foundation design. The Contracting Officer will review the submittal and will determine if the preliminary design meets the requirements of the contract. The Contracting Officer will review the preliminary design within 15 days.

Final Design All final drawings and calculations shall be stamped & signed by a qualified & licensed professional engineer (licensed in the State of Washington). The Contractor shall submit three copies of the anticipated final design documents to the Contracting Officer for acceptance within 15 calendar days after review and acceptance of the preliminary design. Construction work may not proceed until the final design has been accepted by the Contracting Officer. The anticipated final design information shall include the following:

(a) Detailed drawings on 11 in. x 17 in. sheets of all structural components of the arch culvert and foundation.

Include all details, dimensions, quantities, ground profiles, and cross sections necessary to construct the open bottom arch culvert and foundation along the proposed road and stream alignment shown in the government drawings. Submit design calculations on sheets about 8.5 in. x 11in. in size with the project number, culvert and foundation location, designation, date of preparation, initial of designer and checker, and page number at the top of the page.

(b) Design and quantity calculations for the culvert should be sufficiently detailed and referenced to allow the Contracting Officer to determine if the requirements of contract specifications have been met.

(c) Materials and construction specifications as necessary to modify or supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 Metric Units) and the SUPPLEMENTAL SPECIFICATIONS to conform to the design being submitted. The drawings shall show the information listed in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 Metric Units) as "SHOWN ON THE DRAWINGS".

(d) Electronic versions of design documents shall be supplied will the final design including all AutoCAD files, Excel calculations and PDF files where applicable.

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

Within 15 calendar days of tentative acceptance, the Contractor shall make any required changes and submit two sets of the final design calculations and three sets of the final drawings and supplemental specifications to the Contracting Officer for acceptance.

The designer/supplier furnishing the Final Design is responsible for the stability of the design. Do not qualify the responsibility for the design or restrict the use of the drawings or calculations for the proposed box culvert. Indemnify the Government from all claims for infringement of proprietary rights by others without the consent of the patent holders or licensees.

Any proposed changes in the governments proposed capacity of the culvert (ie cross-sectional area, widths), stream channel and road allignment reductions (narrowing of the roadway or steepening of grades) will require review and acceptance by the Contracting Officer.

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

Process all submissions unless written permission is given for the culvert designer/supplier and the CO to communicate directly.

Submit three sets of the drawings with the initial submission. One set will be returned with any indicated corrections. If revisions are necessary, make the necessary corrections and resubmit three revised sets.

When the drawings are approved, furnish three final sets of the drawings.

C.9 Statement of Work/Specifications and Attachments (AGAR 452.211-72)(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 C.10 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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2)(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 Clauses Incorporated by Reference (FAR 52.252-2)(FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10)(APR 1984) The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2010. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Government-Furnished Property

None

G.2 Designation of Contracting Officers Representative The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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

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

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

G.3 Project Inspectors The COR may designate project inspectors to secure compliance with the terms and conditions of the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Emergency Control (USDA 452.236-77) (JUL 1985)

Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

H.2 Landscape Preservation

EROSION CONTROL MEASURES

The contractor shall submit an Erosion Control Plan to the CO for approval.

The contractor shall following guidelines set by the WA State Fish & Wildlife MOU attached to this contract.

Install check dams and sediment silt fences or other means to minimize sediment laden water from entering the stream.

Dewater any live streams prior to culvert removal or other in stream work.

Wash stream simulation rock after installation and compaction with a fire hose or other approved means. Capture dirty water downstream with a temporary dam and filter by pumping through a approved vegitated area outside of the stream drainage.

Seed and mulch with approved materials and application rates all disturbed areas within 7 days of completion of the project.

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, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

b. Operation 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.).

c. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams 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.

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

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure 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.

f. If the total oil or oil products storage exceeds 1320 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.

H.3 Cleaning Of Equipment

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements.

“Off-road Equipment” includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H.4 Plan For Weather-Caused Suspensions Of Work

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval not later than two weeks prior to October 01, 2009. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H.5 Industrial Fire Precaution Levels

The Contractor shall comply with the operations restrictions in accordance with the Washington State Industrial Fire Precaution Level (IFPL) system. The IFPL system is used to help prevent wildfires by regulating work in the woods during the summer fire season.

The US Forest Service and the Washington DNR use the four-level industrial regulation system.

The Precaution Levels are:

Operation: Power Saws

Other Operations

This project is located in one of the following zones:

652NE

Northern portion of the Hood Canal RD

652SE

Southern portion of the Hood Canal RD

652NW

Northern portion of the Pacific RD

652SW

Southern portion of the Pacific RD

The Fire Precaution Class can be found at: http://www2.wadnr.gov/IFPL/ifpltoday.html or by calling 1-800-527-3305.

H.6 Use of Premises

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads designated below for performance of work under this contract.

Signs & Barrier per the Traffic Control Plan

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained from the Hood Canal District Ranger.

H.7 Sequence of Design-Construction (AUG 1997)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements and obtain Government review of each submission. No construction may be started (with the exception of clearing, etc.) until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The Contracting Officer (CO) or Contracting Officer’s Representative (COR) will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the CO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.

H.8 Design-Build Contract - Order of Precedence (AUG 1997)

(a) The contract includes the standard contract clauses and schedules current at the time of award. It also entails: (1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection, and (2) the successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

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

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

(2.) The provisions of the solicitation (See also Contract Clause: SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION).

(3.) All other provisions of the accepted proposal.

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

H.9 Value Engineering After Award (JUNE 2003)

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

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

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

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

H.10 Key Personnel, Subcontractors, and Outside Associates or Consultants (AUG 1997)

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

H.11 Responsibility of the Contractor for Design (MAY 2002)

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

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

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

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

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

H.12 Designer of Record (AUG 1997) The Contractor shall identify a Designer of Record (“DOR”) for each area of design. All design disciplines shall be accounted for by listed, registered Designer(s) of Record. Each DOR shall be responsible for ensuring integrity of their design and design integration in all construction submittals and extensions to design developed by others, such as the constructor, subcontractors or suppliers. The DOR shall review and approve all construction submittals and extensions to design, in accordance with the procedures, described in "SUBMITTALS.” Each DOR shall be responsible for the responses to “Requests for Information” (“RFI’s”), applicable to their area of design responsibility. Each DOR shall stamp, sign, and date all design drawings under their responsible discipline at each design submittal stage (see Contract clause - "REGISTRATION OF DESIGNERS") and all submittals under their responsible discipline, in accordance with the submittal review procedures. The DOR shall sign-off on all applicable RFI responses.”

H.13 Requirements for Registration of Designers (APR 1984)

The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in a State or possession of the United States, in Puerto Rico, or in the District of Colombia.

H.14 Constructor’s Role during Design (JUN 1998)

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with…