RFP-azurite-mine.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G1-S-10-0035

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/19/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

06EW171045249

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

9. FOR INFORMATION

CALL:

A. NAME

Kris Bellini

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

509-684-7113

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):

AZURITE MINE ACCESS – ROAD CONSTRUCTION

S. FK. SLATE CREEK BRIDGE INSTALLATION AND ROAD RECONDITIONING

Methow Valley Ranger District, Okanogan and Wenatchee National Forest

Okanogan County, Washington Price Range: The Government's estimate is: between $250,000 and $500,000.

Project is a HUB zone set aside under NAICS: 237110. Only firms registered as such with the SBA may offer.

Point of contact for technical and site information is Dave Colbert, 509-826-3282

A Site Visit is scheduled for July 29 th

, 2010 at 10 AM at the project site. It is advised for contractors to bring and use trail bikes or ATVs for the site visit. Please call Dave Colbert, 509-826-3282 for more information and updates regarding this site visit as dates and times may change.

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See 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.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and See Section K copies to perform the work required are due at the place specified in Item 8 by 4:00 p.m.

(hour) local time August 12, 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, 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)

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

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

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

1. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

COR

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Acquisition Management, Colville National Forest, 765 South Main, Colville, Washington 99114

USDA Rural Development, Centralized Servicing Center, 4300 Goodfellow, Blvd (FS-233), Building 105E, St. Louis, MO 63120-1703

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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.

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)

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 General: The offeror must provide a price on all items. The contractor shall submit the Standard Form

1442, Schedule of Items with prices, Past Performance and Technical Proposal information (see page 35). The

Technical Proposal should include Project Management, Performance Schedule, Quality Control Plan, and a schedule of resources, (subcontractors, personnel and equipment). The offeror may use the experience questionnaire as a supporting document in providing Past Performance and technical proposal information.

Special Note: Government Furnished Material is provided in this contract, see page 7. 20% Bid Bonds are required with offer. Point of contact for technical and site information is Dave Colbert, 509-826-3282

B.1 Schedule of Items:

Item No. Description

Method of Measure Pay Unit

Estimated Quantity Unit Price Total Cost

15101 Mobilization LSQ Lump Sum

15205 Bridge survey and staking LSQ Lump Sum

15713 Soil erosion and pollution control LSQ Lump Sum

20102 Clearing and grubbing LSQ Lump Sum

20305 Removal of structures and obstructions

LSQ

Lump Sum

71401 Geotextile fabric CQ Square Yard

20411 Roadway Excavation and Embankment

CQ

Cubic Yard

800.00

30307

Roadway Reconditioning. All Roadway Switchbacks shall be Reconditioned to a 50 Foot Minimum Horizontal Curve Radius.

CQ Mile 11

57190

Government-furnished modular bridge superstructure - transport, assemble, and install

LSQ

Lump Sum

60250

18 Inch Corrugated Metal Pipe,

0.064 inch thickness for steel or

0.052 inch for aluminum

CQ Foot 300

61902 Gate, Stockyard CQ Each 1

63501 Temporary traffic control LSQ Lump Sum

TOTAL PRICE all items $ _____________

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

Designated Method of Measurement:

CQ – Contract Quantities. These quantities are based upon the original design data available prior to advertising the project and are also known as designated quantities.

LSQ - Lump Sum Quantities. These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

Bonds

Payment and performance bonds are required 15 days after contract award. Reference Section I.

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction

Contracts shall not be in addition to contract price. Include bond payments under 15101 Mobilization.

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-1 -- Scope of Contract

This contract is for bridge construction work and road reconstruction work on Forest Service Road No.

5400760, on the Okanogan & Wenatchee National Forests, in Okanogan County in the State of Washington.

The work includes: traffic management; fabrication and installation of precast concrete bridge footings;

retrieval, transport, assembly and installation of a Government-furnished prefabricated steel bridge superstructure; re-establishing the roadway bridge approaches to the proposed vertical and horizontal alignment;

and the reconstruction of road 5400760. Parts for the modular bridge assembly require pickup and transport from the General Services Administration storage facility in Auburn, Washington to the project site for installation. Vehicle access to the far side of the project site is limited to 5 tons until the new Government

Furnished superstructure is in place. The new structure will span the existing structure and can carry highway legal loads and overloads with approval of a Bridge Use Application. Access to the site is on a primarily unmaintained road that has tight radius curves and steep roadway gradients.

Government furnished items – see section G, page 9; and Attachment 001, FS Supplement, 571 Prefabricated

Bridges, page 19.

C-2 – Project Location

The existing S. Fk. Slate Creek Bridge is located on the Okanogan & Wenatchee National Forest, Methow Valley Ranger District in Okanogan County, Section 16, Township 37 North, Range 17 East, W.M., northeast of Mazama, Washington. To access the project, starting from the town of Winthrop, WA, take the following; take WA state highway 20 north approximately 13 miles. Turn right off of State

Hyw. 20 onto Okanogan County road 9140. Drive north (through Mazama) 7.2 miles. At this point road jurisdiction changes to Forest Service, and the road becomes FS road 5400. Continue on FS road 5400 for 12.3 miles to the Harts Pass Guard Station. Hold left onto FS road 5400700. Travel on FS road

5400700 for 5.3 miles to the junction of road 5400700 and 5400760. This is the beginning of road

5400760. Road 5400760 will require reconstruction along its entire length of 11.0 miles. The South Fork

Slate Creek Bridge site is located at Mile Post 1.4 on the 5400760 road.

(a) Existing Conditions:

The indications of physical conditions on the plans and in the specifications are the result of site investigations by surveys. Conditions may have changed due to additional stream action.

(b) Weather Conditions:

Weather conditions suitable for ground excavation are normally expected in May through October.

Rain, sometimes heavy, is normal throughout the winter, with periods of light to moderate snowfall.

Night freezing is common throughout the winter and several periods of weeklong freezes are likely. The work for this project will occur outside of the typical work windows noted above. Poor weather

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 conditions limiting earth work and/or producing sediment delivery to the stream may warrant a suspension of work by the government.

Special Requirements

This project is under the requirements of a WA State Hydraulic Approval (HPA). A copy will be provided by the Government. The requirements of the HPA are incorporated by reference into this contract. A copy of the

HPA must be on site at all times and shall be followed in addition to any specifications and requirements of the contract.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)(modified) 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, attachment 1.

The STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL

HIGHWAY PROJECTS, FP-03, U.S. CUSTOMARY UNITS, is included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

Standard Specifications for Construction of Roads and Bridges

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, US Customary Units, 2003, U.S. Department of Transportation, Federal Highway Administration, are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

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

And, Forest Service Supplemental Specifications (FSSS) (attachment)

(a) 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.

(b) Submittals:

Submit the following for this project. See appropriate FP-03 references for timely submittal and approval by the Contracting Officer Representative (COR).

Title

Referenced by Contract clause or

Specification No.

Copies to

Submit

Time of

Government

Approval

After

Submittal

Traffic Control Plan FP-03 156, FP-03 625 & MUTCD Part 6 1 7 days

Safety Plan, including

Blasting Plan where applicable

Accident Prevention clause [FAR

52.236-13]

1 N/A

Erosion Control plan FP-03 157, FS Supplemental 157.03 1 5 days

Engineered Spill

Prevention Plan

Landscape Preservation and Hazardous

Materials clause in section H

1 2 days

Fire Plan R6-FS-6300-55 R6-FS-6300-52 in Section J 1 N/A http://www.wfl.fha.dot.gov/design/specs/fp03.htm

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 and Certification that your

Fire Tools and Equipment are in full compliance with the contract requirements

Proposed Progress

Schedule

Schedules For Construction Contracts

[FAR 52.236-15]

2 N/A

Designation of

Representative R6-FS-

6300-6

Superintendence By The Contractor

[FAR 52.236-6]

1 N/A

Payroll Record WH347

Certified Payrolls submitted weekly

Payrolls And Basic Records [FAR

52.222-8]

1 N/A

Erosion Control Plan FP-03 157.03 1 7 days

Riprap (If commercial source)

FP-03 251.07 &

FP-03 106.03

1 7 days

GFP Superstructure

Installation Plan

FS Supplement 571 1 7 days

Notice to Retrieve GFP

Acrow Bridge Materials from GSA at Auburn, Washington

FS Supplement 571 1 7 days

Overload permit requests for existing road bridges

C.2 PROJECT LOCATION, part (c) and

C.8 USE OF PREMISES

1 7 days

Target Values for Gradation FS Supplemental 322.03, Tables 703-2 &

703-3

1 7 days

Concrete Mix Design, including admixtures

FP-03 552.03 1 14 days

Portland Cement Production

Certification

FP-03 552.19, FP-03 701.01 (a) 1 N/A

Concrete Quality Control

Certificates, including batch tickets and test results

FP-03 552.09, FS Supp 552.09 & FP-03

1 N/A

Reinforcing Steel

Production Certification

FP-03 554.10, FP-03 709.01 & FS Supp

709.01

1 N/A

Grout for bridge anchors and bearings

FS Supp 571.10 and WSDOT State

Qualified Products List

1 15 days

As-Built Plans 104.03(c) 1 N/A

Do not begin work requiring submittals until submittals have been approved.

* For the work schedule, note the following: Furnish all submittals within 7 days after Notice to

Proceed is issued. Materials from the Auburn storage site may be retrieved with 5 days notification after issuance of Notice to Proceed and approval of the Work Schedule. Within 5 days after a Work Order approving the Work Schedule is issued, implement the Work Schedule.

(e) General Guidelines for Submittals:

Submittals are required by their corresponding specification (basic reference & detailed requirement).

Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include:

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

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 examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

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 7 calendar days of their receipt by the Contracting Officer or COR unless otherwise noted.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996)

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/

52.242-14 Suspension of Work (APR 1984) http://www.arnet.gov/far/

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

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 90 calendar days or seasonal shutdown, whichever is sooner (estimated to be October 30, 2010). The time stated for completion shall include final cleanup of the premises.

Notice to Proceed

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 5 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. The maximum workweek that will be approved is 40 hours.

Suspension for Other than Government 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 become 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 his/her 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.

Required Submittals (see page 5 and 6) The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Referenced By

Specification No.

Submittal Date

Schedule of Work Section F Prior to Notice to Proceed

Job Specific Safety Plan Section H Prior to on-site construction

Copy of Required Insurance Coverage Section H Prior to on-site construction

Notification of Subcontracting Section G Prior to Subcontractor Starting Work

Fire Plan/Camping Permit Section J Prior to on-site construction

Release of Claims Form Section I Prior to final payment

Material Sources and Product Submittal

Reviews

Section C / specs

Prior to ordering materials

Certifications Section C / specs Prior to acceptance and use

Testing results Section C/ spec Prior to acceptance and use

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 at Okanogan Valley Officer, 1240 South 2 nd

Avenue, Okanogan, WA 98840. The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Safety, Work Progress

Schedule, and Fire Prevention and Suppression Plans. Contractor designated representative or foreman

(whomever the Contractor will have on the site) shall be present at the prework conference.

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 provisions of the ―Government Property‖ FAR clause contained elsewhere in the contract.

Contractor shall be responsible for all loading and transporting of the following material to be furnished or made available to the contractor unless otherwise designated.

1. Government Furnished Riprap material is available from sources relatively close to the project site.

These sites will be established by the Contracting Officer’s Representative (COR). The contractor is required to notify the Government 2 days prior to the need for access to the site. Contractor will be responsible for all loading and transport of material required from this location for use in the subject project. Point of contact for access to the site is the designated COR.

2. Other Government Property: Contractor will be responsible for coordinating, loading and transport of the bridge and parts stored at the GSA compound at Auburn, WA. A Government representative shall inspect and otherwise approve designation or transfer of material at the loading point at Auburn, WA at the time of pickup.

Property/Facilities/Services Availability Location Availability Time

70 Foot Acrow 300 Series, Triple-single superstructure and related parts

General Services

Administration, Auburn, Washington

After Notice to Proceed available to pick up at Auburn with 7 days advance notice

Water source as needed for fire prevention, suppression, and for construction activities.

Slate Creek, Forest Rd

5400760 – MP 1.4, T37N, R

17E, Section 16

At Notice to Proceed as designated by the COR

Temporary Stockpile area. Designated on the ground by COR

At Notice to Proceed as designated by the COR

Industrial Site to be used for temporary staging during construction period

Designated on the ground by COR

At Notice to Proceed as designated by the COR

Decking site for trees and

Disposal site for stumps and slash

Designated on the ground by COR

At Notice to Proceed as designated by the COR

Approval 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.

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

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.).

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 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.

Mechanized equipment shall not be operated in live streams except during in stream allowed dates per

Washington State Hydraulic Permit Approval (HPA) guidelines.

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project

Area, Contractor shall take appropriate preventive measures 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.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of

55 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designated so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designated to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from potential siltation of streams will be corrected by the Contractor at Contractor's expense.

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 compliance with reasonable and customary manufacturing and construction tolerance.

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.

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

C. Government inspections and tests are for the sole benefit of the Government and do not--

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

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

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(I) below.

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, without additional charge, 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 (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) 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.

Construction Stakes, Lines and Grades

A. Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

B. These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

C. The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor’s negligence or operation.

D. In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Rights in and Use in Materials

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.

Traffic Control

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. 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.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings.

Necessary warning signs and guards shall be posted during blasting operation to safeguard the public.

Safety

Prior to allowing any work to commence on the project, the Contractor shall submit a Safety Plan to the

Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work.

Safety Items

(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 work site.

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035

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

X 1. Temporary excavation/deep trenching/slope stability.

2. Tree Felling.

3. Fall hazard from work heights exceeding six feet.

X 4. Heavy equipment operation.

5. Tree climbing and/or tower climbing.

X 6. Fire hazards.

X 7. Power tool operation including eye protection.

8. Overhead hazards.

X 9. Slippery and uneven ground conditions.

X 10. Traffic control on limited visibility roads.

FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for 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.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by

Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. 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 objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard

Z87.1-2003.

8. 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 e.g., chain saw operation.

Use of Premises

A. The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

Washing of Equipment Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land.

Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment's hydraulic, lubrication and fuel systems are free from leaks.

Product Substitution, Shop Drawings and Material Certification

A. 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. All substitutions shall be requested by the

Contractor after award of the contract has been made. No approvals will be made prior to award.

Hazardous Materials

Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR

1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.

If Contractor maintains storage facilities for oil or oil products in the contract area, Contractor shall take appropriate preventive measures to insure that any releases of such oil or oil products does not enter any stream or other waters, or ground of the United States, or any of the individual States and shall conform to Federal, State, and Local regulations.

If the total oil or oil products storage exceeds 1,320 gallons, or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare and implement 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.

Contractor shall immediately take action to notify appropriate agencies including Contracting Officer, or designated representative, contain, and cleanup without expense to the Government, all petroleum products or other hazardous substance (as defined in 29 CFR 1910.120) releases on/or in the vicinity of the project of construction operations. Contractor shall be held liable for all damages and costs of additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 and cleanup of petroleum products releases caused by Contractor’s employees or resulting from construction operations.

All petroleum products or other hazardous substances shall not be released on or into land or into rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by Contracting Officer or designated representative. Contractor shall properly dispose of vehicle oil filters (drained of free-flowing oil), oily rags, and waste oil in accordance with

Local, State, and Federal regulations off of Government property and shall transport such material in accordance with State and Federal regulations.

Earthwork Tolerances

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as Changes under FAR 52.243-4.

Storage and Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored material shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest

Service, may be used for storage purposes and for the placing of Contractor’s plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor’s expense. Contract shall be responsible for making arrangements for storage on other than Forest Service administered lands.

This contract allows for the payment of materials stored at off-site locations.

All material and work covered by progress payments made shall thereon become the sole property of the

Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of the contract.

Material Sources

A. Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with

FAR 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

Government observations and appraisal indicate that the materials in the designated source may require specialized blasting techniques in order to reduce the material to a size commensurate with the limitations of individual crushers. The Contractor shall be responsible for utilization of all materials produced by their blasting operations.

B. Contractor-Furnished Sources - When the material sources are not designated as provided above or the

Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated

Azurite Mine Access, Road Construction, Okanogan and Wenatchee National Forest AG-05G1-S-10-0035 source material and Contractor-furnished source material result in financial disadvantage to the Government.

Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting

Officer.

Disposal of Material

Designated disposal sites for this project are as follows: Construction demolition, debris encountered in the construction (metals, etc.), and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in an appropriate and legal site off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

(3) Commercial use on Forest Service roads for oversize and weight need to be approved by Contracting

Officer.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest

Service roads in the construction area.

Emergency Control:

A. Contractor's Responsibility for Fighting Fire.

1. The Contractor, under the provisions 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…