Solicitation_AG-05G2-S-15-0006.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G2-S-15-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/14/2015

PAGE OF PAGES

1 71

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

USDA, Forest Service, Pacific Northwest Region, AQM Contracting North 1835 Black Lake Blvd., Suite A Olympia, WA 98512

USDA, Forest Service, Pacific Northwest Region, AQM Contracting North 1835 Black Lake Blvd., Suite A Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME

MILEY SUTHERLAND

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

(360) 956-2471

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):

Forest Road 2361, M.P. 3.0 & 3.5 Legacy Culvert Replacement a.) This is a firm, fixed price contract.

b.) The period of performance for this contract is from date of award to September 30, 2016.

c.) This is a ‘Best Value” solicitation. See additional requirements in Sections L and M of this solicitation.

d.) This acquisition is a Total Small Business set-aside. The contractor is required to perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

e.) The Government Estimate is between $100,000.00 and $250,000.00.

11. The Contractor shall begin performance within 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

NA

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. (hour) local time June 16, 2015 (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

23. 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

Invoice Processing Platform (IPP): All invoices must be submitted electronically through the IPP system via www.ipp.gov .

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) http://www.ipp.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

The Forest Service intends to award a single contract for the Base Items and Optional Items. The Base

Item covers all work associated with the culvert replacement on FSR 2361 M.P. 3.4. Option 1 requires culvert replacement and all associated work at FSR 2361 M.P. 3.0.

B.1 FSR 2361 M.P. 3.5 – Base Item

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

15101 Mobilization Lump

Sum 1 $ $

15201 Construction Survey and Staking

Method I, Tolerance B

Lump

Sum 1 $ $

15401 Contractor Testing Lump

Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump

Sum 1 $ $

20105 Clearing and Grubbing, Disposal of

Tops and Limbs J, Logs J, Stumps J.

Lump

Sum 1 $ $

20301 Removal of Culvert Each 1 $ $

20401 Roadway Excavation, Compaction

Method A, Finishing Method A

Cubic

Yard 520 $ $

20407 Select Borrow, Compaction Method A, Finishing Method A

Cubic

Yard 460 $ $

25101 Placed Riprap, Class V Cubic

Yard 100 $ $

32211 Aggregate Surface Course, Grading G, Compaction Method B

Cubic

Yard 45 $ $

60302b 8’-7”- Span, 5’-11”- Rise, Structural

Plate Pipe Arch, 0.111-Inch Thickness, Foot* 62 $ $

62530 Seeding, and Mulching, Dry Method Lump

Sum 1 $ $

B.1 Sub-Total $_________________

Road Construction & Repair Sol. No. AG-05G2-S-15-0006

Olympic National Forest

FSR 2361 M.P. 3.0 & 3.5 Legacy Culvert Replacement

B.2 FSR 2361 M.P. 3.0 – Option 1

NO.

DESCRIPTION

PAY

EST.

QTY.

TOTAL

15101 Mobilization Lump

Sum 1 $ $

15201 Construction Survey and Staking

Method I, Tolerance B

Lump

Sum 1 $ $

15401 Contractor Testing Lump

Sum 1 $ $

15713 Soil Erosion and Pollution Control Lump

Sum 1 $ $

20105 Clearing and Grubbing, Disposal of

Tops and Limbs J, Logs J, Stumps J.

Lump

Sum 1 $ $

20301 Removal of Culvert Each 1 $ $

20401 Roadway Excavation, Compaction

Method A, Finishing Method A

Cubic

Yard 580 $ $

20407 Select Borrow, Compaction Method A, Finishing Method A

Cubic

Yard 260 $ $

25101 Placed Riprap, Class V Cubic

Yard 90 $ $

32211 Aggregate Surface Course, Grading G, Compaction Method B

Cubic

Yard 80 $ $

60302a 7’-0” Span, 5’-1” Rise, Structural Plate

Pipe Arch, 0.111-Inch Thickness, Foot* 54 $ $

62530 Seeding, and Mulching, Dry Method Lump

Sum 1 $ $

63501 Temporary Traffic Control Lump

Sum 1 $ $

B.2 Sub-Total $_________________

TOTAL $_____________________

NOTE: 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.

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

* Items shown with this symbol are designated as Actual Quantities

Be sure to enter TOTAL PRICE in Item 17 on back of Standard Form 1442.

Bonds:

The Government estimate for this project is less than $150,000.00. Therefore, a bid bond is not required. Performance and payment bonds are not required for this project. Payment protection is required in the form of a payment bond or irrevocable letter of credit.

If an offer is greater than $150,000.00, then a bid bond, performance bond, and payment bond are required.

The Forest Service retains the right to exercise the option item at any time before October 01, 2015.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Background

The Olympic National Forest intends to acquire by contract removal of existing culvert pipes and installation of new culvert pipes. Forest Service Road (FSR) 2361, M.P. 3.0 & 3.5 Pipe Replacement

Project, Base Item - M.P. 3.5, consists of the following major items of work: reconstruction of the roadway; removal of the existing culvert pipes; installation of a new 8-foot, 7-inch span, with a 5-foot, 11-inch rise, structural plate pipe arch; replacement of the roadway fill; clearing and grubbing; haul of material; and seeding and mulching.

The Option Item 1 - M.P. 3.0 consists of the following major items of work: reconstruction of the roadway; removal of the existing culvert pipes; installation of a new 7-foot, 0-inch span, with a 5-foot, 1-inch rise, structural plate pipe arch; replacement of the roadway fill; clearing and grubbing; haul of material; and seeding and mulching.

C.2 Project Location

This project is located on the Pacific Ranger District of the Olympic National Forest, Section 28, Township 23 N, R 6 W, north of Shelton, Washington. Project may be reached by traveling North from

Shelton, Washington, on Highway 101 for approximately 7 miles to Skokomish Valley Road. Turn left onto Skokomish Valley Road, travel 5.5 miles and turn right onto Forest Service Road (FSR) 23.

Proceed approximately 14 miles on FSR 23 to the intersection of FSR 2361. Turn right onto FSR 2361 and proceed 3.0 miles to the project site.

a) Existing Conditions:

The indications of existing conditions on the drawings and specifications are the result of on-site facilities inspections, and reviews of incomplete construction and maintenance records.

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.

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

Activity Start

Date

End

Date

Restrictions

Construction Season 07/16 09/30 All construction activities must be completed by SEPT. 30 th

In-Stream Construction 07/16 09/30

Hand Tools 07/16 09/30

Power Tools / 2 Chainsaws 07/16 09/30

Machinery / Car Traffic 07/16 09/30

Heavy Machinery 07/16 09/30

Time of Day Restriction 07/16 09/30 Operations restricted to between 2 hours after sunrise and 2 hours before sunset.

Notes – Noise Limitation:

Power Tools/2 Chainsaws - any power tools with noise output is no more than two operating chainsaws.

Machinery/Car Traffic - any machinery with noise output is limited to normal vehicular traffic at site (e.g. small excavator/backhoe).

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

d) Pre-bid Conference:

None scheduled.

C.3 Applicable Specifications and Material Certifications

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Standard Specifications for

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

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

The Forest Service Supplemental Specifications to the FP-03 are also given on the Specification

List but are physically attached in Section J. All requirements contained on the Specification

List are hereby made a part of this solicitation and any resultant contract.

(b) Product Substitution:

Any modification of other items, designs, materials, products or equipment (including

Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting

Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

Shop Drawings Submittals:

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

Title Referenced by

Specification

No.

Time Allowed for Govt.

Review After

Submittal

STRUCTURAL PLATE STRUCTURES 104, 603,707 21

(c) Material Certification, Testing Reports and Submittals:

Brief Title Basic

Reference

Specification

Detailed

Regulations

Specification

Copies

To

Submit

Time for

Government

Approval After

Total Submittal

EROSION

CONTROL/DEWATERING

PLAN*

157 104.3 3 21

DEWATERING PLAN 208 HPA/MOU 3 21

RIPRAP 251 705.02 3 21

*Upon approval of the erosion control/dewatering plan, the contractor shall notify the C.O. at least 72 hours prior to the start of instream work.

(d) General Guidelines for Submittals:

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

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

Submittals shall include the following:

Date and Revision Dates.

Project Name and Contract Number.

Names of Contractor, Subcontractor, Supplier, and Manufacturers.

Field Dimensions and Relation to Adjacent Structures.

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

Samples:

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

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts.

Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 14, calendar days of their receipt by the Contracting Officer or COR.

C-4 Wage Rates

40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, provides that contracts in excess of $2,000 to which the United States or the

District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.

(See Clause 52.222-6 – Construction Wage Rate Requirements)

C-5 Bio-Preferred Program Requirements

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish

Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain removers

Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content.

In addition to the biobased products designated by the U.S. Department of Agriculture in the

Bio-Preferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product

Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of

Biobased Products under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit an Operations and

Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

1. The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

2. Detail on how the Contractor intends to keep abreast of the increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

3. Proposed biobased operations and maintenance products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

C-6 Statement of Work/Specifications (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

C-7 Attachments to Statement 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.

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

52.246-12 Inspection of Construction AUG 1996

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

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

(b) Inspection and acceptance will be performed at 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.

http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-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

52.242-14 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 30 calendar days after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the September 30, 2016. The time stated for completion shall include final cleanup of the premises.

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

_30_ days after the date of contract award. The conference will be held at a mutually agreed upon location.

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: ______________"

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 Date Available

62530 Seed Mix Only Project Site or

FS Office

By request

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1. Emergency Control (USDA 452.236-77) (JUL 1985)

Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

H-2. 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.

H-3. Contractor’s Representation & Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-4. Moisture Sensitive Soils

Contractors are cautioned that the roadway structure is designed 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 designed 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 operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-5. Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the

Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-6. 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.

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-7. 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.

(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.

H-8. 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.

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

Forest Service roads in the construction area.

H-9. Road Maintenance Requirements

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-10 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.

(f)

Road No. Road Termini Authorizations, Restrictions or

Requirements

Maintenance

Required

2300000 0.00 – 15.0 None None

2361000 0.00 – 3.50 None None

2361200 0.00 – 0.70 None None

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.

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

H-11. 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 coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform 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 operations to safeguard the public.

H-12. Control of Material

Rights In and Use of 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.

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 Clauses 52.243-5, Changes and Changed Conditions or Clause

52.236-2, Differing Site Conditions.

(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 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.

Storage Stockpiling of Materials

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials 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. Contractor shall be responsible for making arrangements for storage on other than Forest

Service administered lands.

Earthwork Tolerance

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 Clause 52.243-5.

H-13. Safety

Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist at the task order work site(s). Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. Safety Plan shall be submitted to the Contracting Officer (CO) at the post award conference.

The following are potential safety hazards:

1. Traffic Hazards 4. Heavy Equipment Operations

a. Narrow gravel or native surface forest roads

Backing into objects

b. Long, steep grades (less than 20%) Steep side slopes and soft road shoulders

c. Logging traffic Refueling

d. Unskilled visitor traffic Exceeding equipment limitations

e. Dusty conditions hindering visibility Unsafe equipment / lack of safety equipment behind vehicles

2. Work Environment Operator fatigue

a. Inclement weather with potential for hypothermia

5. Excavation

b. High winds that can bring down trees and rocks

a. Slope instability

c. Wet, snowy or ice conditions making ground unstable

6. Truck Driving & Trailer Towing

d. High decibel noise a. Increased stopping distances

e. Insects, plants, & animals b. Loads insecurely tied down

3. Communications c. Low clearance

a. Poor Cell phone or radio availability for emergencies.

7. Hazard Trees

H-14. Suspensions for Other Than Government’s Convenience

The Contracting Officer may issue orders to suspend the work wholly, or in part, for such period of time as deemed necessary because of: (1) Weather, or ground, conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to 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 equitable adjustment.

H-15. Cleaning of Equipment

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the CO prior to moving each piece of equipment onto the project.

Upon request from the CO, arrangement will be made for CO to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements.

"Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H-16 Work/Travel in Infested Areas

Forest Service will flag locations of high priority invasive plant infestations prior to work commencing and provide the contractor with a map of these locations. These areas shall be avoided during work and travel associated with the project unless otherwise directed by the Contracting Officer. If directed to work in infested area, the contractor shall be required to prevent spreading the infestation into un-infested areas by cleaning vehicles and equipment. The contractor shall use wash stations approved by the Contracting Officer.

H-17 Weed-free Material, Forest Service and Contractor Provided

All material (e.g. soil, gravel, sand borrow, aggregate, etc.) transported onto National Forest System land or incorporated into the work shall be weed-free. The Contracting Officer may request written documentation of methods used to determine the weed-free status of any and all materials furnished by the contractor. Contractor-provided expertise and methods to establish weed-free status must be appropriate for the weeds on the current Washington State noxious weed list

(http://www.nwcb.wa.gov/weed_list/weed_list.htm), and the priority weed list maintained by the

National Forest project location.

The contractor shall provide the Contracting Officer written notification of proposed material sources at least 14 days prior to use. The CO will have the proposed sources inspected to determine weed-free status. If weed species are present in the proposed source, appropriate mitigation measures may allow conditional use of the source as required by the Contracting Officer.

H-18 Disposal of Infested Road Fill

Fill material generated from the project site, containing or suspected to contain invasive plants, shall be stockpiled within the project area and as close to the infested source area as possible. The material shall not be broadcast for disposal.

H-19 Removal of Dead or Live Trees Greater Than 21 Inches in Diameter

Identify and notify the CO of any tree 21 inches or larger, in diameter at breast height (dbh) that will require removal. The Forest Service will review the trees and the CO will notify the contractor of any restrictions required for removal. Restrictions may involve delay of removal for as long as four months.

Any dead, or live trees 21 inches dbh or greater, that are cut for any reasons must be left on site to contribute to down wood objectives.

Disturbance to existing large downed wood should be minimized and where they need to be moved they should be replaced in an orientation and position similar to the one from which they were removed.

http://www.nwcb.wa.gov/weed_list/weed_list.htm

H-20 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:

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

Operation: Power Saws

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…