MT LOOP REPAIR SOLICITATION.docx

RECOVERY—MT LOOP HWY REPAIR & MAINTENANCE

TABLE OF CONTENTS

MT. LOOP HWY REPAIR & MAINTENANCE

RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

• SECTION A -SF-1442

• SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

• SECTION C - Descriptions/Specifications/Statement of Work

• SECTION D- Packaging, Marking and Layout

• SECTION E - Inspection and Acceptance

• SECTION F - Deliveries and Performance

• SECTION G - Contract Administrative Data

• SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

• SECTION I - Clauses incorporated by reference

• AGAR/FSAR and SPECIAL CONTRACT CLAUSES

• ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

• SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

• SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

• SECTION L – Instructions to Offeror / Notices

• SECTION M – Evaluation Factors for Award

PART I—THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

MT. LOOP HWY REPAIR & MAINTENANCE

DARRINGER RANGER DISTRICT, SNOHOMISH COUNTY, WASHINGTON

NOTE: If Offeror does not intend to charge for an item, a price of "0" or "NO COST" should be shown. The offeror must price all items. Only prices to the nearest cent will be accepted. If the price is left blank or shown as “No Bid”, the entire Bid will be considered Non-Responsive * Contract Quantity

FSR 20 MP 33.55 - 33.68

FSR 20 MP 34.70

FSR 20 MP 35.20

MP 35.30

MP 36.55

FSR 20 MP 37.80

FSR 20 MP 38.00

FSR 20 MP 38.25

FSR 20 MP 38.60

FSR 20 MP 39.00

FSR 20 MP 39.50

FSR 20 MP 39.55

MP 39.70

FSR 20 MP 39.80

MP 40.40

FSR 20 MP 42.50

COMMON PAY ITEMS

OPTION ITEMS

OPTION ITEM A: MP 30.55 BARLOW PASS TO MP 44.50 WHITE CHUCK ROAD

OPTION ITEM B: MP 30.55 BARLOW PASS TO MP 44.50 WHITE CHUCK ROAD

OPTION ITEM C: FSR 20 MP 36.30

OPTION ITEM D: FSR 4080 MP 0.08

C.Y. = cubic yard, Hr. = hour, L.S. = Lump Sum, Total Bid – FSR 20 & Common Pay Items ----> $______________________

Option Item Bids – Option A ---> $_____________________

Option B ---> $_____________________

Option C ---> $_____________________

Option D ---> $_____________________

Total Project Cost (All Items) $_______________

Name and address of offeror: _________________________________________________

Offeror Email: ____________________________________________________________

Offeror TIN & DUNS # _____________________________________________________ Name and title of person authorized to sign offer: _________________________________

Signature: ______________________________________ Date: ___________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 DESCRIPTION OF WORK:

Work includes but is not limited to the replacement and installation of culverts up to 96” in diameter, Installation of aluminum structural plate arches, Clearing, Roadside Brushing, Roadway Excavation and Embankment with material haul to designated waste sites, Riprap placement, Road Reconditioning, Aggregate Surface Placement, Traffic control and Sign installation.

C.2 PROJECT LOCATION:

From Arlington, WA, proceed East on WA-530 (Arlington-Darrington Rd.) for 27.3 miles and arrive at Darrington, WA. Turn right on Hwy 530 and proceed south to reach the National Forest boundary. Hwy 530 will become FSR 20, Mt Loop Hwy. Continue on FSR 20/Mountain Loop Hwy for approx 11 Mi. to FSR 23/ White Chuck Road, described here as end of project. T31N R10E SEC. 24 Or From Arlington, WA, proceed South on WA-9 approx. 8 Mi. to 84th St. Proceed East on 84th St. 5 Mi. to WA-92 ( Granite Falls Hwy). Proceed NE on WA-92 for approx. 2 Mi to N. Alder Ave. Make a left turn and proceed North on Alder Ave. Alder Ave will become Mt Loop Hwy/FSR 20. Continue on Mt Loop Hwy for 30.5 Mi to Barlow Pass, described here as the start of project. T29N R11E SEC. 6

C.3 CONTRACT TIME:

From Notice to Proceed through to October 30, 2010.

C.4 SPECIFICATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) and Forest Service Supplemental Specifications noted herein.

These Standard Specifications can be viewed and printed from the following website:

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C.5 MATERIAL CERTIFICATIONS, INVOICES, AND TESTING REPORTS

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative.

Refer to the Forest Service Specifications for required certification and reports for Pay Items mentioned above.

C.6 “AMERICAN RECOVERY AND REINVESTMENT ACT”

C.7 MATERIAL SOURCES

The Government will provide the following item(s) of material sources to the Contractor for use in the performance of his contract. Contractor is responsible for separation, load, and haul to project site.

Item No. Description Quantity Source Location

322-20 Pit Run, 6” Minus 633 C.Y. White Chuck Borrow Source

C.8 CONSTRUCTION WORK DAYS AND HOURS:

No work is allowed on Weekends or Federal Holidays. In addition, there shall be NO road closures after 12:00 PM on Fridays.

C.9 ROAD CLOSURE

A traffic control plan shall be submitted to the CO for review and written approval prior to starting any project work. For culvert installations (< 15’ depth measured at centerline), the Contractor may close the road for up to 2 days at a time before reopening to traffic for no less than 1 hour. For culverts with deep fills (>15’+ measured at centerline), the Contractor may close the road for 3 days at each site before reopening to traffic for no less than 1 hour, this includes the Pipe arches at MP 35.3 and 39.0. The Contractor shall notifiy the C.O. in writing, at least 10 days prior to any total road closure for more than 4 hrs at a time. Signs shall be installed and maintained to updated and vandal proof conditions on FSR 20 at Barlow Pass and at White Chuck Rd. (FSR 23/20 intersection), stating the dates, time, and mile post of closures. The signs shall meet the MUTCD, 2009 standards for highway signs, be in new condition and shall read as follows:

--- EXAMPLE---

ROAD CLOSED

DATE__7/30/10__ TO __8/1/10__

TIME 8:00 AM TO 5:00 PM

MP 38.5 TO 40.0

There is another project scheduled on FSR 49 at the same time as this project. This project Contractor shall coordinate all road closures with the Contractor working on FSR 49. The COR shall work with both Contractors in order to facilitate this communication per FAR 52.236-8 Clause, Other Contracts.

In addition to the requirements stated above, each individual project site shall be barricaded and properly signed according to the requirements of the “Manual on Uniform Traffic Control Devices 2009.” No site shall be left unbarricaded until they are completed and safely opened to traffic.

C.10 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

For fish and wildlife considerations, the following restrictions are applicable to this contract:

Instream water work window criteria are as follows;

1. July 15 to Aug 15 – Project sites MP 34.7, 35.2 and Chocwich Creek at MP 35.3 (See H.13 Fish Extraction sites noted below)

2. July 1 to Oct 15 – Fish bearing and Non-fish bearing streams within ¼ mile of fish bearing waters.

3. Year round – Dry streams not within ¼ mile of fish bearing waters.

C.11 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of his contract. This property shall be used and maintained by the Contractor.

Item No. Description Location

322-20 Borrow Excavation Pit off FSR 28, No name

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.

AGAR 452.211-73 Attachments 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.

SECTION D

PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

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)

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

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

(b) Inspection and acceptance will be performed at On-site

E.3 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 120 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

F.4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

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.

G.4 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

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: (Darrington Ranger Station)

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 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)

(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 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 6,000 litters or if any single container exceeds a capacity of 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 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. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Personnel.

Weather Conditions: Normal.

Elevation of this project averages 1000'.

Transportation facilities: Road access is good.

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 petroleumbased 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 byproducts, 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 CULVERT INSTALLATION AND REPLACEMENT

NOTE: Permanent culvert installation and replacement projects include installation of new culverts that are installed for more than one year and replacement of existing culverts with similar or larger structures.

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

1. Construction sites shall be dewatered or isolated from flowing waters to prevent generation of sediment and minimize turbidity.

2. 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. Equipment operation within the stream channel inside of the approximate culvert footprint is permissible so long as the stream has been dewatered.

H.14 POTENTIAL SAFETY HAZARDS

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

Confined space entry

Tree falling

Fall hazard from work heights exceeding six feet

Blasting

Traffic control on high-volume and/or high-speed and/or limited visibility roads

Tree climbing and/or tower climbing

Fire hazards

Hazardous materials handling

Electrical hazard

Mechanical Hazards such as pulleys, springs, etc.

Other (Identify)

H.15 OPTIONAL ITEMS

Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate offers for award by adding the total price for all options to the total price for basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The contractor is to provide all information required in Section B of the solicitation (Supplies or Services Prices/Costs) for all items listed in the base contract and all items listed in the optional work.

The government will provide the contractor with a thirty day written notice of intent to execute the optional item(s). The Government reserves the right to exercise the optional item(s) until 30 September, 2010. The Government may elect to exercise any or all of the options at the discretion of the Contracting Officer. Any option that the Government elects to exercise will include all the work listed under that option.

When the Government exercises optional work, the price provided by the contractor at time of solicitation is the contract price for that work. The Contracting Officer will modify the Contract Completion Date to extend the date as follows:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

or Improper Activity (JAN 1997)

with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)