Sol_No_AG-05G2-S-12-0030.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G2-S-12-0030

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

1 113

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Northwest Contracting Area Olympic National Forest 1835 Black Lake Blvd., Suite A Olympia, WA 98512

Northwest Contracting Area

1835 Black Lake Blvd., Suite A Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME

Miley Sutherland, Contract Admin.

Shannon Henriquez, Technical Kathryn VanHecke, Technical

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

(360) 956-2471

(360) 956-2264, shenriquez@fs.fed.us

(503) 808-2829, kvanhecke@fs.fed.us

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):

Jefferson Creek Bridge Foundation Scour Repair Project Hood Canal Ranger District

Mason County, Washington

ALL WORK to be completed by: SEPTEMBER 20, 2012.

Government Estimate: $50,000 to $100,000.

100 percent set-aside for Small Business Concerns.

11. The Contractor shall begin performance within 15 calendar days and complete it within ___ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Clause F.2.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and zero (0) copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m.

(hour) local time July 30, 2012 (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 30 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) mailto:shenriquez@fs.fed.us mailto:kvanhecke@fs.fed.us

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

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

Olympic National Forest 1835 Black Lake Blvd., Suite A

Olympia, WA 98512

CSC-FS, USDA, OCFO, COD, APB,

P.O. Box 66527, St. Louis, MO 63166

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)

Jefferson Creek Bridge Scour Repair Project SOL NO AG-05G2-S-12-0030 Olympic National Forest PAGE 3 of 113

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

JEFFERSON CREEK BRIDGE

FOUNDATION SCOUR REPAIR

FS ROAD 2480, MP 6.2

Name of Project

Technical Contact: Shannon Henriquez Phone: (360) 956-2264 E-mail: shenriquez@fs.fed.us

Technical Contact: Kathryn VanHecke Phone: (503) 808-2829 E-mail: kvanhecke@fs.fed.us

Mason County, Washington mailto:shenriquez@fs.fed.us mailto:kvanhecke@fs.fed.us

Olympic National Forest PAGE 4 of 113

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

JEFFERSON CREEK BRIDGE FOUNDATION SCOUR REPAIR

FS ROAD 2480, MP 6.2

Mason County, Washington

B- 1 - SCHEDULE OF ITEMS

ITEM

NUMBER

SPECIFICAITON

NUMBER

DESCRIPTION

PAY

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

AMOUNT

BID

01 15101 Mobilization Lump Sum

(LS)

All

02 20801 Structural excavation Cubic Yard

(CY)

03 20802A Foundation fill – nylon bags

Lineal Foot

(LF)

04 20802B Foundation backfill – steel dowels

LF

05 20801C Foundation backfill -concrete

CY

OPTION 06 20805 OPTIONAL ITEM:

Cofferdam

LS All

07 20850A As-built Plans LS All $________ $________

62301A

General Labor – OSHA-approved Dive Team Member

Hour (HR)

09 62301B General Labor – Worker/Support

HR

* Denotes Contract Quantity

TOTAL PRICE $ _____________

B-2 - NOTES: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

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

Be sure to enter TOTAL PRICE in Block 17 on the SF-1442.

BASIS OF AWARD: One contract will be awarded to the Offeror with the best proposal based on evaluation criteria stated in Section M of the contract.

Olympic National Forest PAGE 5 of 113

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. SCOPE OF CONTRACT

The Government seeks specialty-application, technical construction services for the following described work. The contract intended to be awarded as the result of this solicitation consists of a contractor-proposed-and-constructed repair to re-establish foundation support for a scoured pier on a reinforced concrete frame bridge. Channel scour at the bridge site has undermined the west footing of the Jefferson Creek Bridge, resulting in a settlement of 6 inches of the structure at the west end from loss of support.

This solicitation calls for a technical proposal for a constructed repair, using permanent materials such as concrete and/or steel that will support the structure in its current position and will mitigate additional scour at the west pier location.

No jacking or resetting of the bridge to its original elevation and grade is included in the work. The work also does not include any associated roadway re-grading, placement of riprap at the site, or any channel re-alignment at or upstream from the site. Temporary sediment and erosion control measures shall be considered as part of the technical proposal, installed during construction, and removed after construction unless they are made part of the permanent repair of the foundation.

The contract also includes the following items of work:

1. Project scheduling to provide sufficient notification to the Forest Service to allow time to re-open the road to the worksite for construction access and to allow for scheduling of temporary re-closure of the road following the repair construction.

2. Maintaining public road closure at the work site during construction using worker signing and maintaining a Forest Service Type 3 closure barrier or approved similar.

3. Development of as-built plans, including surveying and documenting the extent of scour under the west pier, both prior to excavation activities and following excavation activities and showing all details of the final constructed permanent repair.

4. Recommending riprap sizing and placement locations, as needed, to further protect the repair without obstructing the waterway opening.

Construct the repair using permanent materials such as concrete and/or steel. Preferred construction methods and measures for the repair will include proposals that 1) do not require de-watering of the worksite, 2) do not allow any fresh concrete or grout to enter the stream, 3) minimize the disturbance to the stream, and 4) minimize the amount of time the work will be performed in-stream. The technical merit of the proposals will be evaluated based on the effectiveness of the repair method, ability to incorporate preferred construction methods or show methods that exceed preferred options, as well as the experience of the contractor to perform the work being proposed. A sample listing of projects and references will be part of the solicitation. Note that concrete placed in an underwater application through ballistic nylon or finely woven bags is not considered as placement directly in the stream; a material documentation submittal is required.

Olympic National Forest PAGE 6 of 113

A preliminary technical proposal is requested for evaluation as a response to this RFP. The successful Offeror will present documented, relevant proficiency involving technical construction services of this type in terms of experience, past performance, and the technical proposal submitted. See Section M for detailed evaluation criteria. A final technical proposal after award of the contract is expected prior to receiving a Work Order to begin operations.

C-2. PROJECT LOCATION

This project is located on the Hood Canal Ranger District of the Olympic National Forest: Section 7 Township 24 N, Range 3 W, W.M., near Hoodsport, Washington. It may be reached by traveling north from Hoodsport, Washington, on HWY 101 for approximately 13 miles to Forest Service Road (FSR) No. 25 (Hamma Hamma road). Proceed west on FSR 25 for approximately 6.5 miles to FSR 2480. Turn left on FSR 2480, cross Hamma Hamma Bridge, then proceed 1.5 miles to the Jefferson Creek Bridge.

Jefferson Creek Bridge is a 3-span reinforced concrete frame bridge across Jefferson Creek. FSR 25 is a double-lane paved road for most of its length; road 2480 is a single-lane, aggregate surfaced road. A road barrier (eco-block and berm) is currently placed approximately 300 feet before the bridge. The Contractor will coordinate with the Government (COR) regarding removal or adjustment of the existing road barrier at the bridge (eco-block and berm) however, Awardee will be responsible for maintaining a Type 3 road barrier during contract performance.

(a) Existing Conditions:

The indications of physical conditions on the plans, in sketches, and in the specifications are the result of site investigations by snorkeling or probing. Conditions may have changed due to additional stream action. Also, as dimensions vary in the as-built plans, for bidding purposes assume the concrete seal footing is 18’-0” long by 8’-0” wide. Depth is of the seal may vary from the 3 foot depth shown on the plans.

(b) Weather Conditions:

Weather conditions suitable for in-stream work are normally expected July through September.

Occasional summer storms with intense rainfall are possible but not frequent. The work for this project is required to occur during the in-stream work window of July 15 – September 30. Poor weather conditions which may temporarily increase stream velocities, limiting diving and construction access and jeopardizing in-stream work, may warrant a suspension of work by the government.

(c) Operating Season: Inclusive dates during which operations ARE permissible.

Equipment Start

Date End Date

Construction Season * 8/6 9/20 Hand Tools * 8/6 9/20 Power Tools / 2 Chainsaws * 8/6 9/20 Machinery / Car Traffic * 8/6 9/20 Heavy Machinery * 8/6 9/20

Olympic National Forest PAGE 7 of 113

* Road Closure across the bridge for ALL traffic, including construction traffic, is in-place throughout the duration of the contract and until the structure is re-opened by the Government. Construction traffic is allowed on the west bridge approach.

Road Number

Construction Season

Instream Work

Hand Tools

Power Tools, Machinery, & Heavy Machinery

Time of Day:

Operations can begin 2 hours after legal sunrise and must end 2 hours before legal sunset.

2480 – 6.2 8/6 – 9/30 open open open 8/6 to 9/15

NOTES:

Power Tools/Two (2) Chainsaws - any power tools with noise output no more than two chainsaws.

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

Helicopter/Heavy Machinery - any machinery with noise output that is greater than normal vehicular traffic at site.

(d) Pre-bid Conference: None scheduled. There is no current road access to within 300 feet of the bridge. The bridge may be accessed by walking in.

C-3. AVAILABILITY OF SPECIFICATIONS OR PRODUCT DESCRIPTIONS NOT LISTED

IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS (FAR

52.210-3) (APR 1984)

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

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

Specification Address Standard Specifications For Construction of Roads and

Bridges on Federal Highway Projects

FP-03

U.S. Customary Units

Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

ASTM Standards American Society for Testing and Materials P.O. Box C700 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

Olympic National Forest PAGE 8 of 113

100 Bar Harbor Drive West Conshohocken, PA 19428-2959

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

AASHTO Standards American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Suite 249 Washington, D.C., 20001

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

C-4. APPLICABLE SPECIFICATIONS, MATERIAL CERTIFICATIONS & OTHER

SUBMITTALS

• Standard Specification for Construction of Roads and Bridges on Federal Highway Projects FP- 03 U.S. Customary Units

• Forest Service Supplemental Specifications (FSSS) (attachment)

(a) Product Substitution:

Any modification of other items, designs, materials, products or equipment 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.

Brief Title

Basic Reference

Section

Detailed Requirements Subsections

Number of Copies to Submit

Time for Government

Approval After Total Submittal

Work Schedule* FSSS 208 FSSS 156.01, FSSS 208.01

1 10 Days

Final technical repair proposal

FSSS 208 FSSS 208.01

FSSS 208.03

FSSS 208.10

1 10 Days

Sediment and Erosion Control plan

FSSS 157 FSSS 157.03 1 10 Days http://www.astm.org/ http://www.aashto.org/

Olympic National Forest PAGE 9 of 113

Overload permit requests for existing road bridges

C.2 PROJECT

LOCATION,

part (c) and

H.6 USE OF

PREMISES

1 10 Days

Hazardous spill plan

FSSS 107 FSSS 107.10 1 N/A

Fire Plan J-5. 1 10 Days Notification of in-stream work period.

Memorandum of

Understanding

1 10 Days

Existing scour survey

FSSS 208 FSSS 208.03 1 1 Day

As-built plans FSSS 208 FSSS 208.03 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 10 days after Notice to Proceed is issued. Within 3 days after a Work Order approving the Work Schedule is issued, implement the Work Schedule.

Include the following information with each submittal:

• 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.

Submittals will be reviewed and either approved or rejected within 7 calendar days of their receipt by the Contracting Officer or COR or as shown above.

C-5. STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72)(FEB

1988)

Furnish the necessary personnel, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-6. ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73)(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Olympic National Forest PAGE 10 of 113

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.246-6 Time-and-Material and Labor-Hour MAY 2001

E-2. Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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

(b) Inspection and acceptance will be performed at the project site.

E-3. Inspection and Testing Performed By Government

The Government will perform sampling, testing, and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4. Conformity with Drawings and Specifications

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

SECTION F--DELIVERIES OR PERFORMANCE

F-1. Clauses Incorporated by Reference (FAR 52.252-2)(FEB 1998) http://www.arnet.gov/far/

Olympic National Forest PAGE 11 of 113

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

Clause Number Title Date 52.242-14 Suspension of Work APR 1984

F-2. Commencement, Prosecution, and Completion of Work (FAR 52.211-10)(APR 1984)

The Contractor shall be required to (a) commence work under this contract within __5__ calendar days after the date the Contractor receives the Notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 20, 2012;

adjustments in the time schedule may be necessary if poor weather conditions (not normal variations in weather conditions) limit construction activities. The time stated for completion shall include final cleanup of the premises.

F-3. Effective Period of the Contract (AGAR 452.211-75)(FEB 1988)

The effective period of this contract is from date of award, through September 20, 2012.

F-4. Maximum Workweek – Construction Schedule (AGAR 452.236-75)(NOV 1996)

Within __15__ 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;

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

(c) The maximum workweek that will be approved is Monday through Friday, unless previously approved by the Contracting Officer and Contracting Officer’s Representative. Contractor shall not work earlier than two hours before sunrise or later than two hours after sunset.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1. Post Award Conference (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within _10_ days after the date of contract award. The conference will be held at the Olympic Forest, Supervisor’s Office or a mutually-agreed location.

Olympic National Forest PAGE 12 of 113

G-2. Contract Release When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________". [Contractor to complete the Government-furnished form accordingly.]

G-3. Government-Furnished Property

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

Item No.

Description Qty Location/Delivery Point

Date Available

NONE

G-4. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

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

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

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

G-5. PROJECT INSPECTORS

Olympic National Forest PAGE 13 of 113

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

Olympic National Forest PAGE 14 of 113

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. 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-2. 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. Forest Service is not responsible what happens to contractor’s equipment.

H-3. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, 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.

(c) The contractor shall shut down all equipment when there is 1 inch precipitation in a 24 hour period and/or ½ inch precipitation in 1 hour.

Olympic National Forest PAGE 15 of 113

H-4. Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(c) Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

(e) Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

(f) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

(g) 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-5. Control of Noxious Weeds – Cleaning of Equipment (March 2004)

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off

Olympic National Forest PAGE 16 of 113 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.

All erosion control devices shall be certified free of noxious weeds. All shall have the Washington Wilderness Hay and Mulch (WWHAM) certifications, and shall be submitted prior to purchasing.

H-6. Plan for Weather-Caused Suspensions of Work

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval prior to mobilization. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H-7. Conformity with Drawings and Specifications

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

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--

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.

Olympic National Forest PAGE 17 of 113

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.

H-8. Industrial Fire Precaution Levels

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

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

The Precaution Levels are:

Operation: Power Saws

Level I Closed Fire Season Fire equipment and fire watch service is required.

Level II Partial Hoot Owl Limits certain activities to between the hours of 8 p.m. and 1 p.m.

Level III Partial Shutdown Prohibits some activities altogether and limits other activities to between the hours of 8 p.m. and 1 p.m.

Level IV General Shutdown All operations prohibited

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Other Operations

This project is located in the following zones:

652SE

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

H-9. Emergency Response (USDA 452.236-77) (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 be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, (FAR 52.243-4).

H-10. 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: summer temperatures 60-90 F, Precaution Level Landing Tractor/Skidder Other Woods Saws I. Closed Season Fire Watch Fire Watch Fire Watch II. Partial Hoot Owl Fire Watch Hoot Owl Hoot Owl III. Partial Shutdown Hoot Owl Hoot Owl Prohibited IV. General Shutdown Prohibited Prohibited Prohibited

Precaution Level Loading Blasting Welding I. Closed Season Fire Watch Fire Watch Fire Watch II. Partial Hoot Owl Fire Watch Hoot Owl Hoot Owl III. Partial Shutdown Hoot Owl Hoot Owl Hoot Owl IV. General Shutdown Prohibited Prohibited Prohibited http://www2.wadnr.gov/IFPL/ifpltoday.html%20or%20by%20calling%201-800-527-3305 http://www2.wadnr.gov/IFPL/ifpltoday.html%20or%20by%20calling%201-800-527-3305

Olympic National Forest PAGE 19 of 113

Elevation of this project averages 1500’- 3500'.

Transportation facilities: Road access Maintenance Level 2-3.

Other Physical Data: None

H-11. Traffic Control, Flaggers, Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. Keep traffic devices current with maintenance operation and remove upon completion.

All operations and signing shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices

(MUTCD).

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 coincides with an existing road or trail. Required signs may be mounted on portable or temporary mountings. Use standard MUTCD shapes, colors, sizes, and legends.

Mark hazards incidental to the work within or on the traveled way, shoulders, or turnouts with hazard identification markers, illuminated beacons, and other MUTCD devices to safely guide road users through the area. Mark work segments not completed on a daily basis appropriately for night travel.

Obtain authorization before commencing work at night.

Advisory speed plates may be used to control traffic through the work area.

Flaggers - Provide properly equipped, trained and certified, flag person(s) where the traffic is required to stop before proceeding. Stop traffic in locations which provide width enough for passage of traffic and reasonable protection for vehicles. When flag control is used, advance warning signs are required.

H-12. Equipment Requirements

The Contractor shall furnish equipment meeting OSHA (Occupational Safety and Health Act) requirements. When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

Equip all vehicles and machinery operating on or from the traveled way or road shoulder with flashing lights, strobes, or rotary beacons operated continuously while work is in progress. Use truck headlights at all times while operating. Backup horns are required on all self-propelled equipment in excess of 5 ½ tons gross weight.

Park vehicles and machinery not currently used in the maintenance operation off the traveled way at approved locations to minimize interference with normal use.

Olympic National Forest PAGE 20 of 113

H-13. Hazardous Material Spill Clean-up Kit

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel 1 gallon "Plug-a-Dike" or equivalent material A nineteen liter (five-gallon) mixing container 20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil, and fuel from a water surface

H-14. Use of Premises

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

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

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes, and utility regulations.

The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

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

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

Road No.

Road Termini

Authorizations, Restrictions or Requirements

Maintenance Required

FSR 25 Use as needed None

FSR 2480 M.P. 7.6 –

6.2 (= bridge location)

Use as needed *See Note below

NOTE: Although no specific maintenance is required, the Contractor will coordinate with the Government (COR) regarding removal or adjustment of the existing road barrier at bridge (eco-block and berm) however, Awardee will be responsible for maintaining Type 3 road barrier during contract performance.

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

Olympic National Forest PAGE 21 of 113

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JAN 2012) 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 (OCT 2010) 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 (OCT 2010) 52.203-14 Display of Hotline Poster(s) (DEC 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 (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healey Public Contracts Act (OCT 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) http://www.usda.gov/procurement/policy/agar.html

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52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports for Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to

Iran—Representation and Certification (NOV 2011) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.229-3 Federal, State, and Local Taxes…