AG-05M6-S-12-0057.pdf

AG-05M6-S-12-0057 Page 3 of 90

Item Description Unit Qty Price Amount 15101 Mobilization LS 1 $ $ 20301 Removal, culverts EA 11 $ $

20419 Drainage Excavation, Select Ditching Mile 5 $ $

20950 Pipe Bedding - 6” Min depth – Under Pipe CY 46 $ $

20951 Pipe Backfill, Method C – Borrow Material CY 240 $ $

25101A Placed Riprap, Class 4, Govt Furnished, Method A , Headwall Area

CY 29 $ $

25101B Placed Riprap, Class 5, Govt Furnished, Method A, Outlet Area CY 77 $ $

25101C Placed Riprap, Class 7, Govt Furnished, Method A, CY 55 $ $

25313 Gabion Baskets – 108 Facial Sq Ft

– 6’H x 18’L LS 1 $ $

30113 Aggregate Surface Course, Govt Furnished, Compaction Method C CY 95 $ $

60201 36” Galvanized Culvert, 12 gage with Coupling Bands, Compaction Method B

LF 50 $ $

60275A 18” HDPE Pipe, Compaction Method B LF 422 $ $

60275B 36” HDPE Pipe, Compaction Method B LF 40 $ $

60275C 48” HDPE Pipe, Compaction Method B LF 53 $ $

62201A Equipment Rental, Excavator 150 hp /with Thumb HR 16 $ $

62201B Equipment Rental, Dump Truck, 10 CY min capacity HR 16 $ $

62529 Seeding C-1 and Mulching AC 0.5 $ $

$ TOTAL =

NOTE: If Offeror does not intend to charge for an item, a price of "0" or "NO COST" should be shown. The offeror must price all items. Only prices to the nearest cent will be accepted.

PART I—BID SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Road 1107 Upgrade and Repairs

MT. BAKER-SNOQUALMIE NATIONAL FOREST

MT. BAKER RANGER DISTRICT

AG-05M6-S-12-0057 Page 4 of 90

NOTE:

* = Contract Quantity

C.Y. = Cubic Yard

L.S. = Lump Sum

L.F. = Linear Feet

Mile = 5,280 liner feet

AC = 43,560 sq ft

EA = Each

Pipe Bedding Material = 6” Minimum Depth under Pipe width plus 1 foot each side of pipe – 1-1/4 inch minus material

Name and Address of Offeror ________________________________

Authorized signature: _______________________________________

Title ______________________________________________________

Date ______________________________________________________

Road 1107 Repairs and upgrade SOL NO AG-05M6-S-12-0057 Mt. Baker-Snoqualmie National Forest

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK:

This project includes, but is not limited to, the Reconstruction of road ditches, clearing of vegetation, aggregate surface placement, culvert removal and installation of new culverts, gabion basket retaining wall construction, seeding and mulching. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies, necessary to perform all work shown in the Bid Schedule and the Plans. The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.2 PROJECT LOCATION:

The project work area is located in the Baker Lake Area of the Mt Baker Ranger District. The projects beginning is located in T37N – R9E – Southern part of Section SP 31.Take State Hwy 20 east of Sedro Woolley WA approximately 17 miles to the intersection with the Baker Lake Road FSR 11. Turn north onto the Baker Lake Road and travel approximately 15 miles to the intersection with FSR 1106 on the right. Take FSR 1106 approximately 2.75 miles where FSR 1106 becomes FSR 1107, the beginning of the project. A District map showing the road system is available for viewing at the district office.

NOTE: This project will utilize the existing log stringer bridge at Anderson Creek (MilePost 5.3 of Road 1107). Any failed or missing decking shall be replaced in kind prior to hauling across the bridge. No loads heavier than highway legal will be permitted to cross the bridge.

C.3 CONTRACT TIME:

90 Calendar days from Notice to Proceed.

C.4 SPECIFICATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) and Forest Service Supplemental Specifications noted herein.

These Standard Specifications can be viewed and printed from the following website:

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

C.5 MATERIAL CERTIFICATIONS, INVOICES, AND TESTING REPORTS

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative.

Pay Item Material Requirement 25313 Gabion Baskets Material Certification 60201 Metal Culvert Material Certification 60275 A,B, &C HDPE Culvert Material Certification

C.6 MATERIAL SOURCES

The Government will provide the following locations of material sources to the Contractor for use in the performance of his contract. Contractor is responsible for separation, gathering, sorting, loading, and haul to project site.

Item No. Description Quantity Source Location 20950 Pipe Bedding 46 CY FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2

20951 Pipe Backfill Material 240 CY FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2

25101A RipRap Class 4 29 CY FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2 http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

Item No. Description Quantity Source Location 25101B RipRap Class 5 77 CY FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2

25101C RipRap Class 7 55 CY FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2

25313 Gabion Basket FSR 1107012 MP 0.65 or FSR 1200020 MP 0.2 or Designated Area Scaling of Cutbank slopes

30113 Aggregate 95 CY FSR 1200020 MP 0.2

C.7 CONSTRUCTION WORK DAYS AND HOURS:

Contract Time is 90 Calendar days for all Project Work. No work is allowed on Weekends or Federal Holidays without written request by the Contractor to the CO for review and approval. In addition, there shall be NO road closures on Fridays.

C.8 ROAD CLOSURE DESCRIPTION

The Contractor may close the road at these sites with the following terms and conditions.

MP 0.01 – Installation of 48” Culvert – Road may be closed for one time for a maximum of 48 hrs. The Contractor shall give the Contracting Officer 7 working days’ notice prior to closing the road at this location.

MP 3.92 – Installation of Gabion Basket Structure – Road may be closed for one time for a maximum of 48 hrs. The Contractor shall give the Contracting Officer 7 working days’ notice prior to closing the road at this location.

MP 5.92 – Installation of 36” Culvert – Road may be closed for one time for a maximum of 48 hrs. The Contractor shall give the Contracting Officer 7 working days’ notice prior to closing the road at this location.

All other Culvert Installations – The Road may be closed at these individual locations from 0800 to 1200 and from 1300 to 1700 during the duration of this work.

All other work as described in this project – The Road may be closed for up to 1 hr at a time during performance of this work.

Road Closure sign shall include the purchase, installation, and maintenance with the following information.

Road Closed for Construction Date to Date Time to Time

Contact USFS Mt Baker District Office for additional information at 360-856-5700

The sign shall be MUTCD compliance for Highway signs, reflective, R11-2 with a size of 60” wide x 60” tall posted on 2 – 4”x4”x12’ pressure treated posts, White with Black lettering.

All work related to sign and post installation is incidental and shall be paid for under Item 15101, Mobilization.

C.10 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

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

From April 1 to September 15, all work activities shall begin two hours after Official sunrise and must stop two hours before official sunset.

C.11 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, maintained, and installed by the Contractor.

Borrow Site Material Source on FSR 1107012 MP 0.65 and FSR 1200020 MP 0.2 and Designated Cutbank locations within the project area. Contractor may have to produce required quantities by sorting and separating the rock at the borrow site prior to haul and use. No blasting is allowed.

The Contractor may choose to use material from a Weed Free Certified Commercial Source in lieu of Government furnished source. Prior to this use a conversion factor shall be agreed to between the CO and the Contractor to determine accurate quantities for each site.

RESERVED

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 __15__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days from effective date of Notice to Proceed. 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 15 days after the date of contract award. The conference will be held at Mt. Baker District Ranger Station located at 210 SR 20, Sedro Woolley, WA 98284.

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: ______________"

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 - 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.

H-2 - USE OF PREMISES

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

(b) Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H-3 - ARCHAEOLOGICAL OR HISTORIC SITES (USDA 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H-4 - CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA

452.236-74) FEB 1988)

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

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

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

Officer.

H-5 - 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-6 - STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by Forest Service shall be restored at Contractor's expense.

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-7 - 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 restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-8 - LANDSCAPE PRESERVATION

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

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states.

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

If the total oil or oil products storage exceeds 6,000 litters or if any single container exceeds a capacity of shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area.

Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H-9 - 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 system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H-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: The normal dry and optimum construction season at this location is June to Mid- September annually. The wet season can begin in Mid-September and steadily increases month by month making it progressively difficult for construction work to occur. Snow can be expected at this location anytime from Mid-October through May of each season. A Stop Work Order may be issued if conditions are not favorable to projects end result.

Elevation of this project: 740’ at MP 0.0, Projects Beginning – 4,370’ FSR 1107012 Upper Borrow Source

Transportation facilities: Road access is good to the project site. Baker Lake County road is a 2 lane paved road. FSR 1106 is a 2 lane, ML 5, paved road to the Baker Lake Dam. At the Baker Lake Dam the road narrows to a 1 lane road while traversing across the dam. FSR 1107 is a 1 lane gravel road, ML 3 throughout the project area. FSR 1107012 to the Upper borrow source is a ML1 storage road with drivable rock lined dips. FSR 12 and FSR 12000120 Borrow Source is a ML 3 gravel road. Note -the Anderson Bridge Project is scheduled (See Other Contract below) to start in August of 2012 and be completed by Mid-September 2012.

Other Physical Data: Water is abundant all along the project area and may be found within the roadway.

Other Contracts: The Anderson Bridge installation project at MP 5.0 on FSR 1107 is scheduled to be installed in August and September of 2012. This work may interrupt work above the bridge site location but is expected to be completed by the start of this project work.

The 1107 Decommissioning project is scheduled at MP 9.0 on FSR 1107 is scheduled to start work in Late September and into October of 2012. This small project will also utilize the FSR 1107012 borrow site. The FSR 1107 Decommissioning project should not interfere with this project.

H-11 - FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, R6-FS-6300-52 (5/97)

Additional Fire Precautionary Measures - Tank Truck, R6-FS-6300-53 (5/89)

Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (5/89)

H-12 - WDFW-USFS INTERIM MOU PROVISIONS (January 2012)

A copy of this Contract Requirement must be on-site at all times when work is being conducted under this contract.

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bank full channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill of a culvert that is in place. These projects are still bound the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing water are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

1. Any pump used for diverting water from a fish-bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the water body through the pump intake.

2. Fish within construction sites that will be dewatered or isolated from the main water body will be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all in water activities.

3. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

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

2. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into water body. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into water bodies shall be re-vegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

3. After project completion, disturbed stream banks and lakeshores shall be re-vegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

4. Wastewater from project activities shall be routed to an area outside the bank full channel to allow removal of fine sediment and other contaminants prior to infiltrating back into water bodies.

Heavy Equipment

1. The use of heavy equipment within the bank-full channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

2. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bank-full channel in streams or below the ordinary high water line in lakes.

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

Concrete and Treated Wood

1. Fresh concrete, concrete by-products or other chemical contaminants shall not be allowed to enter water bodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the water body.

2. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of “Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

PERMANENT CULVERT INSTALLATION AND REPLACEMENT

NOTE: Permanent culvert installation and replacement projects include installation of new culverts that are installed for more than one year and replacement of existing culverts with similar or larger structures.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting permanent culvert installation or replacement projects.

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

2. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary. Equipment operation within the stream channel inside of the approximate culvert footprint is permissible so long as the stream has been dewatered.

H-13 - FOREST SERVICE NATIONAL CORE BEST MANAGEMENT PRACTICES (BMP’S) Nonpoint Source

Pollution Control for Water Quality Management on National Forest Lands (2010) The BMP’s are a part of this Contract for all the related items of work listed herein. The Contractor shall have a copy of the BMP’s available and on-site at all times. The BMP’s shall be available upon request to the Contracting Officer or his/her designated Representative.

H-14 - 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

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

Other Operations

This project is located in the following zones: 653

The Fire Precaution Class can be found at:

http://www.dnr.wa.gov/RecreationEducation/Topics/FireBurningRegulations/Pages/rp_fire_ifpl.aspx.aspx

H-15 - 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.

H-16 - 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 19 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-17 - 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

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://www.dnr.wa.gov/RecreationEducation/Topics/FireBurningRegulations/Pages/rp_fire_ifpl.aspx.aspx 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-18 - 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.

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) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) 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 (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 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) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 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) 52.222-54 Employment Eligibility Verification (JUL 2012) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (JUL

2012) http://www.usda.gov/procurement/policy/agar.html

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 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) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP

1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

I-2 - CENTRAL CONTRACTOR REGISTRATION (FAR 52.204-7) (FEB 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or https://www.acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State, and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements…