SaukRoad RFP Pkg.doc

Recovery-Sauk Road Repair and Maintenance, Mt. Baker-Snoqualmie National Forest

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SAUK ROAD #49 (Mile post 0.00 to 5.55)

PAY ITEM

(38” to 57”)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

PAY ITEM

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

PAY ITEM

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

15101.01 Mobilization. Payment will be made on actual work performed as described in Section 15101- Work, unless otherwise noted.

Please complete the following:

Name of Contractor:

Name and title of person authorized to sign offer:

Signature: ____________________________________________ Date: ________________________

TIN: _______________________________________ DUNS: ________________________________ E-mail Address:__________________________________

Telephone Number:_______________________________

TABLE OF CONTENTS

RECOVERY- SAUK ROAD REPAIR AND MAINTENANCE

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 1 - THE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1

DESCRIPTION OF WORK

Work includes but is not limited to the removal of culverts, installation of plastic culverts ranging from 18-inch to 60” in diameter. Installation of steel pipe arch culverts ranging from 73-inch span to 150-inch span, culvert repairs, excavation and backfill, drainage excavation (ditches & stream channel restoration), riprap rock and stream channel rock placement, road reconditioning, aggregate surfacing, equipment rental, seeding and mulching, traffic control, sign fabrication and installation, and mobilization.

C.2

PROJECT LOCATION

This project is located in eastern Snohomish County. From I-5 at Arlington, take State Route 530 east to the town of Darrington Washington. In Darrington, take the Mt Loop Hwy. south approximately 2.5 miles until you reach the National Forest boundary at mile marker 44.7. The Mt Loop Hwy becomes FSR 20. Continue south on FSR 20 to mile marker 37.8, (junction with FSR 49), and the beginning of the project work on FSR 49.

Or, from the town of Granite Falls, Washington , travel east on the Mountain Loop Highway (County Road #7) to Barlow Pass at mile marker 31. The Mountain Loop Highway then becomes Forest Service FSR 20. Continue on FSR 20 to mile marker 37.8, (junction with FSR 49), and the beginning of the project work on FSR 49.

This project is located in: T30N, R11E, Section 9. See the Project Location Map on the Plans.

C.3

PRICE RANGE

The magnitude of construction for this project is estimated between $100,000.00 and $250,000.00.

C.4

TECHNICAL CONTACT

The Contracting Officer’s Representative for this project is James B. Mitchell at (360) 854-2620 or e-mail at jbmitchell@fs.fed.us, or Burton R. Brown at (360) 854-2622 or e-mail at brbrown@fs.fed.us, C.5 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 B, and comply with all safety and health regulations stipulated by OSHA.

C.6 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.

C.7 Pre-BID CONFERENCE No pre-bid conference is scheduled. For Additional information contact the Contracting Officer’s Representative.

C.8 FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

Review the following to determine which are needed. The list includes the most commonly used specifications. The specifications cited in this solicitation may be obtained from:

Standard Specification for Construction of Roads and Bridges On Federal Highway Projects FP-03

U.S. Customary Units U.S. Department of Transportation

Federal Highway Administration

Or you may access them from: http://www.fs.fed.us/database/acad/welcome.htm.

341 National Press Building

Washington, DC 20024

Box 19150 Redford Station

Detroit, MI 48219

1916 Race Street

Philadelphia, PA 19103

(215) 199-5462

PO Box 849

Stevensville, MD 21666

Building 197, Washington Navy Yard, SE

Washington, DC 20407

Superintendent of Documents

U.S. Government Printing Office

Washington, DC 20402

PO Box 23145

Portland, OR 97223

1500 Yeon Building

Portland, OR 97204

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

C.9 FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29. (Aug 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

C.10 Specification List and Applicable Specifications FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS. See section J for special listing.

All requirements contained in the specification list are hereby made a part of this solicitation and any resultant contract.

C.11

FAR 52.236-4 PHYSICAL DATA (APR 1984)

Except as is specifically SHOWN ON THE DRAWINGS, no physical date is available from the government.

C.12

SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING REPORTS

SUBMITTALS

The following shall be submitted on this project:

SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

NONE

MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted to the Contracting Officer’s Representative on this project:

Refer to the Forest Service Specifications for required certification and reports for Pay Items mentioned above C.13

MATERIAL SOURCES

The Government will provide the following item(s) of material sources to the Contractor for use in the performance of his contract. The Contractor has the responsibility to verify location and quality of materials listed below:

Item No.

Description

Quantity

Source Location 25101A & B

Riprap

Unclassified

FSR 49 – MP 5.82

Class 4 to 8

Sorting Required Spur road

Qty’s Not Unlimited

25101C & D

Riprap

FSR 22 – MP 0.65

Class 4 to 8

Sorting Required Stockpile

Qty’s Not Unlimited

64804 A & B

Channel Rock

FSR 49 – MP 8.0-8.5

Existing Piles

Along roadside

Sorting Required Limited Qty

* Material not utilized from these 3 sites shall be imported from approved commerical sources.

C.14

FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

(b) A site visit has not been schedule for this project.

C.15

TRAFFIC CONTROL

Traffic Control shall conform to Sections 635.

Roads closed to traffic shall be protected by effective barricades and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administrations and applicable safety codes.

C.16

SAFETY

a. The contractor shall provide the crew with proper safety equipment, which includes, but is not limited to: hardhats, hearing protection, eye protection, gloves, chaps, nonskid boots, etc.

b. The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

c. The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations. The Contractor’s safety plan shall identify and describe anyinherently hazardous conditions and specific actions to reduce these hazards.This plan shall be provided to the Contracting Officer at the pre-work conference. Work shall not commence on this project if the Contractor fails to provide a safety plan.

d. Inherently hazardous conditions that could lead to serious injury or loss of life are lacerations fromsaws, slips and trips from uneven terrain, hidden obstacles of slope of ground, driving and weatherconditions. These are not inclusive.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 FAR 52.246-1 Contractor Inspection Requirements (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.3 FAR 52.246-12 Inspection of Construction (Aug 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

Relieve the Contractor of responsibility for providing adequate quality control measures;

Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

Constitute or imply acceptance; or

Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

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) Alternate I (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 (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later October 15, 2010. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on or about July 1, 2010 but may start earlier if directed by the Contracting Officer. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 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.

F.3

CONSTRUCTION WORK DAYS AND HOURS:

NO work is allowed on Weekends or Federal Holidays.

NO Total Road Closures are allowed on Fridays.

NO Road Closures are allowed during Monday through Thursday without written permission from the Contracting Office at least 10 Working Days in advance notice. Any Closures allowed shall not exceed 2 full days before re-opening of road.

NO Road Closures are allowed without appropriate signing installed and approved by the Contracting Officer or Contracting Officer’s Representative at least 10 working days in advance of the actual work and closure. All signs must meet MUTCD standards for highway signs and traffic control prior to any closure.

F.4

WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

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

From April 1 to September 15, all work activities shall begin no earlier than two hours after official sunrise and must stop no later than two hours before official sunset.

All work associated with in stream channels shall be done between July 15 and Aug. 15, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1

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.2

POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled and held at a time and place determined by the Contracting Officer after the date of contract award. The conference will be held at a location later designated by the Contracting Officer’s Representative. The conference is presently planned to be held at the Darrington Ranger Station.

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans. The contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

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 with 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

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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, the Contracting Officer should be notified immediately, preferably in writing if time permits.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Safety Prior to allowing any work to commence on the project, the Contractor must submit a Safety Plan, to the Contracting Officer that is in accordance with State of Oregon OSHA Regulations. Such safety plan must include all tasks and related activities anticipated to successfully complete the work. Identify inherently hazardous conditions that could lead to serious injury or loss of life.

H.2 FAR 52.236-13 Accident Prevention (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

H.3 Personal Protective Equipment (PPE)

(a) The Contractor will train in the safe operation and use of equipment to be used in contract performance.

(b) PPE, including but not limited to PPE for the eyes, face, head and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

(c) Defective or damaged PPE shall not be used.

(d) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support that is constructed with leather or other cut-resistant material which will protect the employee against contact with any running equipment.

(e)The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling or flying objects, wears a hardhat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(f) The Contractor shall provide, at no cost to the employee, where there is potential for eye injury due to flying objects, eye protection that meets the minimum requirements of ANSI standard Z87.1-2003.

(g) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise.

H.4 Final Clean-up

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 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 the construction 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.

H.5 Utility Services

For this contract there will be no electricity provided. Government furnished restroom facilities will not be available to the contractor.

H.6

DISPOSAL OF CONSTRUCTION DEBRIS

Debris from the construction shall be disposed of at a site and in a manner approved by the Contracting Officer.

H.7

RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

H.8

PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H.9 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (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.10

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.11

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (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.12

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (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.13

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.14

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.15

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor’s Responsibility for Fighting Fire. (1) The Contractor, under the provision of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish, all fires on the work site other than those fires in use as a part of the work. (2) The contractor may be held liable for all damages and for all costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor’s agent or employees.

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

(c) Contractor’s Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to 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.16

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.

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

(2) 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.

(3) 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.17

CONTROL OF NOXIOUS WEEDS—CLEANING OF EQUIPMENT

(a) 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.

(b) 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.

(c) 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.18

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 west slopes North Cascade Mountains.

Elevation of this project averages 2,200’.

Transportation facilities: Road access is good.

Other Physical Data: Most years, snow free from April 1 to November 15.

H.19

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.20

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 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.

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.

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.

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 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.

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.

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

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.

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.

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 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.

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.

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

Concrete and Treated Wood

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

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.

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

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.21

ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications), i.e., Sections A, B, D, E, F, G, and H.

(2) Representations and other instructions, i.e., Sections K, L, and M.

(3) Contract clauses, i.e., Section I.

(4) Other documents, exhibits, and attachments, i.e., Section J.

(5) Supplemental Specifications.

(6) Standard Specifications, i.e., Section C (including FAR clauses).

(7)

(a) Plans, figured dimensions over scaled dimensions.

(b) Plans, large scale contract plans over small scale contract plans.

(c) Schedules on contract plans over any conflicting notations on contract plans.

(8) Shop drawings.

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

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in…