RFP_Evans_Ck_ORV_Roads.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0332

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

03/26/10

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

375119

6. PROJECT NO.

7. ISSUED BY

CODE

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

9. FOR INFORMATION

CALL:

A. NAME

See block 10 B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) See block 10

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):

EVANS CREEK ORV AREA ROADS

MT. BAKER-SNOQULMIE NATIONAL FOREST

SNOQUALMIE RANGER DISTRICT

Price Range: The Government’s estimate is between $250,000 and $500,000 including options.

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

TAS::12 1102::TAS RECOVERY

NOTE: Address/Mail/Deliver proposals to BLOCK 8 address. Bid guarantees must be received no later than the specified closing date. Bid Bonds must be originals.

Technical Contacts: Hailu Gabriel 425-888-1421 ext.425-888-6246 Felix Nishida 360-202-8887 Contract Specialist: Dennis Danz 541-957-3230

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving

FORMCHECKBOX

award, X notice to proceed. This performance period is FORMCHECKBOX mandatory, X negotiable. (*See Part I Section F.)

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

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

X YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

TEN (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 10;00 A.M. (hour) local time 05/03/10 (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 X 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: PLACE AMOUNTS IN SECTION B

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

1. 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)

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Pay Items

Notes

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

Note regarding VETS-100

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

This page intentionally blank

PART I—THE SCHEDULE

SCHEDULE OF ITEMS

EVANS CREEK ORV AREA ROADS

BASE ITEMS – ENTRANCE, ROAD 7920 & DAY USE

ITEM

NO.

Average 16’ Running Surface ; Reshape surface & grade in new rock

ITEM

NO.

TOTAL ALL BASE PAYMENT ITEMS:

OPTION A: 7930 ROAD AND CAMPGROUND ROAD

ITEM

NO.

TOTAL ALL OPTION A PAYMENT ITEMS:

OPTION B: MULTIPLE ROAD DECOMMISSIONING

ITEM

NO.

TOTAL ALL OPTION B PAYMENT ITEMS:

GRAND TOTAL BASE + OPTION A:

GRAND TOTAL BASE + OPTION B:

GRAND TOTAL BASE + OPTIONS A + B :

Offeror Name:

Mailing Address:

City, State, Zip:

Phone

Phone

Fax

E-Mail:

DUNS NUMBER:

TAX IDENTIFICATION NUMBER (TIN):

OPTION ITEMS: Offerors must provide pricing for all items (all Base Items and all Option Items). See “OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEMS” in Section I, and “EVALUATION OF OPTIONS” in Section M. Also note special bid guarantee, performance bond and payment bond limits in Sections H, I and L.

If the government elects to exercise any Option Item it will be for the total quantity of all payment Items within any one Option Item unless otherwise mutually agreed.

Each Option Item is exclusive of any other Option Item and any exercise of an Option may be for one or both Option Items. If one Option Item is exercised, the second one may still be exercised separately.

Exercise of any Option Item may be made by the government at any time up to September 30, 2010 unless a later date is otherwise mutually agreed.

NOTES

BID Items: Offerors must bid on all payment items (all Base Items and all Options Items). If Offeror does not intend to charge for an Item, a price of 0” or “NO COST” should be shown.

Davis-Bacon Act Wage and Related Construction Requirements: All work under this contract is subject to the Davis-Bacon Act and the construction contract clauses included herein. Even though some of the payment items are under Road Maintenance specifications, that work shall be construed as construction for the purposes of this contract.

Bond Premiums: Bond premiums shall be included under item 15101 Mobilization. See payment terms covered under specification section 151 Mobilization and the standard contract payment clauses.

Proposal Submission Documents: See Section L for a list of required Proposal Submission Documents and other instructions

Central Contractor Registration: Prior to any contract award Contractors must be currently registered in the Central Contractor Registration (CCR) System, which established Electronic Fund Transfer for payment purposed under federal contracts. See Section I (52.204-7).

Ref: http://www.ccr.gov Representation and Certifications: Contractors shall provide Representations and Certifications electronically via the On line Representations and Certifications Application (ORCA). See Section K (52.204-8) for requirements.

Ref: http//orca.bpn.gov Veteran Information: Contractors must register with VETS-100 for contracts awarded in excess of $100,000. See Section K (52.222-38) for requirements.

Ref: http://www.vets100.cudenver.edu

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

A.

The intent of this performance based service contract is to provide for road maintenance and improvements of National Forest System Roads on the Mt. Baker-Snoqualmie National Forest (Snoqualmie Ranger District).

B.

District maps may obtained at the district office of the Snoqualmie Ranger Station in North Bend, Wa. For any questions on the roads listing contact Santino Pascua at spascua02@fs.fed.us or at 425-888-1421 x 4258886254

C.

The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

D.

Locations that may be used for staging of equipment and materials are available at both contract areas but are limited and not guaranteed. The Government will not be held liable for Contractor’s equipment and material stored in these locations.

E.

The project consists of the following major items of work. Reconditioning the 7920 Road, Improving the 7930 and 7930110 road, culvert removal and installation, and road decommissioning This includes but is not limited to the following: Mobilization, survey, earth work, riprap, sign installation, and soil erosion and pollution control. Further work may entail working on decommission of roads including waterbars, culvert removal, and closure devices.

This project is located on the Snoqualmie Ranger District of the Mount Baker-Snoqualmie National Forest, Sections 5,8,9,17,18,19, and 20 of Township 17 North, Range 7 East, W.M., near Enumclaw, Washington. From Road 78 outside of Wilkeson, WA drive 12 miles on State Route 165 to Forest Service Road 7920 and beginning of project.

The Government’s estimate is in the range between $250,000 and $500,000 for all items, including options.

A.

Unless otherwise stated in the Special Project Specifications, the Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications.

B.

The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

C.

Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items. All other related items or work shall be concidered incidental.

D.

The Contractor shall be responsible for furnishing warning devices and complying with Federal and any State or local safety standards and traffic management procedures including the Manual for Traffic Control Devices (MUTCD).

E.

The Contractor is responsible for turning in reports to the ARRA office detailing progress of work performed on this contract.

The specifications, drawings, and all other provisions are essential parts of the contract. They are intended to be mutually complementary. In the case of discrepancy, the order of precedance established inSection H of this contract shall apply.

(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.

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units) are applicable to this project. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

This document is hereby incorporated by reference and is not physically attached to this solicitation/contract. See below for source to obtain this specification.

Road Maintenance Specifications are included in full text.

The specifications are numbered in the "800" series codes. Only those sections which are applicable to this contract are included. There will be gaps between the section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been reserved for possible future inclusion in the "800" series.

For this contract all work under these specifications and associated payment items shall be construed as construction and is subject to the applicability of all included construction contract clauses, Davis-Bacon Act and related construction terms herein.

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

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

FP-03

U.S. Customary 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

Specifications & Consumer Information Distribution Section

Washington Navy Yard, Bldg. 197

Washington, DC 20407

Copy available upon request from Mt. Baker-Snoqualmie National Forest

1906 Smith Tower Building

506 Second Avenue

Seattle, WA 98104

Federal Office Bldg., Rm 6048

909 First Avenue

Seattle, WA 98174

(206) 442-5930

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units.

Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

The Forest Service Supplemental Specifications to the FP-03 are also given on the Specification List but are physically attached in Section J. All requirements contained on the Specification List 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 Submittals:

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

NONE

(d) Material Certification, Testing Reports and Submittals:

713.04

713.05

On-line report

(e) General Guidelines for Submittals:

Submittals are required by their corresponding specifications (basic reference & detailed requirement). Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include the following:

· Date and Revision Dates.

· Project Name and Contract Number.

· Names of Contractor, Subcontractor, Supplier, and Manufacturers.

· Field Dimensions and Relation to Adjacent Structures.

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

Samples:

Physical samples 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.

Manufacturer's requirements:

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.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 21 calendar days of their receipt by the Contracting Officer or COR.

See Section I clause (incorporated by reference) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (JUL 2004) for contract bonding requirements

This contract includes special reporting requirements for ARRA.

This contract includes special signage requirements for ARRA. The Contractor shall use the sign design for “Low Speed Roads”.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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)

(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 on the project unless otherwise agreed to.

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 Plans, 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

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)

The Contractor shall be required to (a) commence work under this contract within 10 (ten) 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 the time specified below. The time stated for completion shall include final cleanup of the premises.

Seasonal operational limitations shall apply as expressed elsewhere herein.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 30, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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

A post award conference with the successful offeror is required. It will be scheduled and held soon after the date of contract award. The conference will be held at a mutually agreed location.

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.

The Contracting Officer’s Representative may designate project inspectors to secure compliance with the terms and conditions of the contract.

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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual survey.

(b) 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.

(c) Operating Season: Inclusive dates during which operations are permissible. Operation outside of the below windows may be possible at some locations with written permission from COR.

(d) Transportation Facilities:

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites and for all activities necessary to complete this contract.

Use of National Forest roads shall be in accordance with the following provisions:

i. The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract. Copies are available upon request.

ii. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

iii. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post traffic control signs and devices in conformance with the “Manual on Uniform Traffic Control Devices: (MUTCD). Do not proceed with work on the project until all required signs are in place and approved

iv. Road segments may be closed as shown in the Supplemental Specification Table 156-1. Maintain traffic control devices during closure period(s). Appropriate barricades and signs will be erected and maintained as shown in the traffic control plan or as otherwise designated. Prior to closing roads during construction, give written notice to the Contracting Officer at least 10 days in advance.

(e) Wildlife / Fisheries Restrictions

Operational limitations must conform to the existing agreements with the State agencies responsible for administration of fish and wildlife activities. Specific limits will be included elsewhere herein.

EROSION CONTROL MEASURES

a. Contractor shall minimize sediment laden water from entering the stream. Install check dams and sediment fences as necessary to minimize the entry of silt-laden water into streams or other water bodies.

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

c. Seed and mulch all disturbed areas within 7 days of completing 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.

g.

Work near Mile Post 1.76 to 2.0 on the 7920 road will be monitored by a USFS archeologist or their representative to ensure protection of artifacts (train trestle remnants) during all road work on that portion.

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 mobilization. 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.

(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. Roads are expected to be closed during low use seasons of April through May and October through November. Closures will also occur midweek.

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 Snoqualmie District Ranger.

(f) General - The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Government business.

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

(h) National Forest Road Rules applicable to the National Forest where the work is occurring are made a part of the contract by reference. Copies will be furnished on request.

Environmental Constraints.

Several plant and animal species present on the Mt. Baker-Snoqualmie National Forest(s) are listed as threatened and endangered under the Endangered Species Act. In addition, other plant and animal species are listed as Sensitive by the Forest Service. Due to listing and de-listing of species, these lists can change at any time. Contractors operations (timing and technique) may be impacted due to requirements necessary for protection of these species. The period of time that specific work activities may be accomplished in certain locations may be severely restricted. Timing restrictions are specified under each activity elsewhere herein.

Mandatory Terms and Conditions included in Biological Opinions written by the appropriate regulatory agencies (USDI Fish and Wildlife Service; USDC National Marine Fisheries Service) must be followed and are specified in section C.6.

Contractor shall conduct work activities so that they do not interfere with or impact plants or animals listed as Endangered, or Threatened species under the Endangered Species Act of 1973, as amended, or as Sensitive by the Regional Forester under authority of FSM 2670

A. The Contractor, 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 the 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.

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 Forest land, 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.

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, pickutrucks or vehicles used to transport personnel on a daily basis.

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

Value engineering change proposals which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

The following work is excluded from consideration under the Value Engineering clause:

NONE

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of construction, all stakes, old culverts, guardrail, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being cost, or of similar equipment. Comparable equipment rate publications may be used as mutually agreed. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

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

The Contracting Officer, based on the contract clause entitled “Additional Bond Security (FAR 52.228-2) may require an increase in the penal sum of the bond if the option item(s) is (are) exercised after the initial award. The increase, if any, will be based on an amount no greater than the total contract price, as modified.