AG-05M6-S-13-0026_(FBO_Version).pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-05M6-S-13-0026 7/29/2013 650405

UNDER BDSA REG. 2

AND/OR DMS REG. 1 Not Rated

5a. ISSUED BY 6. DELIVER BY (Date) Mt. Baker-Snoqualmie National Forest Attn: Brian A. Johnson, CO 2930 Wetmore Ave., Suite 3A Everett, WA 98201

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Brian A. Johnson, Contracting Officer 425 783-6056 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

Aug 19, 2013 at 1530 (Pacific) submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

Anderson Road (FSR 1107)

Decommissioning Project

Mt. Baker Ranger District

Enter quoted prices on the

“Bid Schedule”

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026 bajohnson03 Typewritten Text bajohnson03 Typewritten Text bajohnson03 Typewritten Text bajohnson03 Typewritten Text

XX

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

PART I—BID SCHEDULE

Anderson Road Decommissioning (FSR 1107)

MT. BAKER-SNOQUALMIE NATIONAL FOREST

MT. BAKER RANGER DISTRICT

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.

Anderson Road Decommissioning (FSR 1107) Item

Number Description Pay Unit Qty* Unit Price Total

15101 Mobilization LS 1 20301 Removal of Culverts EA 4 20413 Furrow Ditches MI 0.5 20420 Drainage Excavation, Type 1 Dip EA 4 21104 Scarify Road Bed, 18" Depth MI 0.6

62201A Equipment Rental, Excavator 150 HP/with Thumb HR 4 62201B Equipment Rental, Dump Truck, 10 CY Capacity HR 4 62529 Seeding and Mulching Seed Mix C-1 MI 0.1 65003 Road Closure Berm LS 1

Total= $

* = Contract Quantity

CY = Cubic Yard

EA = Each

HR = Hour

LS = Lump Sum

LF = Linear Feet

MI = Mile

SY = Square Yard

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026

Total Quote: $______________________

Name and Address of Offeror: ________________________________

Authorized signature: _______________________________________

Title: ______________________________________________________

Date: _____________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

The intent of this construction contract is to provide for Road Decommissioning for a portion of Forest Service Road (FSR) 1107 on the Mt. Baker-Snoqualmie National Forest (Mt. Baker Ranger District).The project consists of removing existing culverts and restoring the pre-existing stream channel or constructing a drainage dip as well as removing and reconstructing a road closure berm. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies, and perform all work required to reconstruct and decommission the road according to the drawings and specifications of the contract. 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

From Burlington, Washington, proceed East on State Route 20 for 35 miles to the intersection “Baker Lake Road”. Proceed North on Baker lake road 11.5 miles to the intersection of FSR 1106 on right.

Proceed East on FSR 1106 approx. 2 miles crossing the Baker Lake Dam, ¼ mile past the Baker Lake Dam, the road will become FSR 1107. Proceed on FSR 1107 for approx. 8.9 miles until reaching the junction of FSR 1107022. Beginning of Project is located in Township 37 North, Range 9 East, Section 32.

C-3 PRICE RANGE (FAR 36.204)

The Government’s estimate is: Less than $25,000

C-4 APPLICABLE SPECIFICATIONS (ROAD PROJECTS)

Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached. These Standard Specifications can be viewed and printed from the following website: http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C-5 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK /

SPECIFICATIONS (FEB 1988)

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

C-6 CONTRACT TIME

Thirty (30) calendar days from Notice to Proceed.

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

C-7 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 62529 Seeding Mix C-1 Material Certification

C-8 MATERIAL SOURCES

The Government will provide the following item(s) of material sources to the Contractor for use in the performance of his contract. Contractor is responsible for separation, load, and haul to project site.

Item No. Description Quantity Source Location

20420 Riprap Class 4 80 CY FSR 1107 MP 9.30

FSR 1107012 MP 0.60

20420 Riprap Class 7 32 CY FSR 1107 MP 9.30

FSR 1107012 MP 0.60

C-9 CONSTRUCTION WORK DAYS AND HOURS:

Contract Time is 30 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-10 ROAD CLOSURE DEFINITION

The road shall remain closed for the entire duration of the project. A road closed sign shall be placed at the beginning of the project on FSR 1107 at MP 8.9 at the junction with FSR 1107022.

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

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

The sign shall meet MUTCD compliance for Highway signs, reflective, R11-2 with a size of 36” wide x 36” tall posted on a – 4”x4”x12’ pressure treated post, White with Black lettering. All work related to sign and post installation is incidental to Item 15101, Mobilization.

C-11 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES)

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

From April 1 to September 23, all work activities shall begin two (2) hours after official sunrise and must stop two (2) hours before official sunset.

C-12 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 1107 MP 9.3 and FSR 1107012 MP 0.60.

Contractor may have to produce required quantities on site prior to haul and use.

Rd 1107012- If used Contractor will have to remove the existing barrier at the beginning of this road and reinstall the berm at the end of use. Keep road closed to public use at all times during use. Reconstructed berm shall be equal in size and shape to current existing berm.

C-13 OTHER CONTRACTS

Anderson Bridge Project is scheduled to be in progress during the months of late August and September. Road 1107 will be closed completely for 2-3 weeks during installation of the new Bridge. Access to this project will not be available during these times. Successful Contractors shall be aware of this access delay and plan work accordingly until the new Bridge is restored.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fifteen (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 thirty (30) calendar days after the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

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

G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ten (10) calendar days after the date of contract award. The conference will be held at the following address:

Mt. Baker Ranger Station

210 SR 20

Sedro Woolley, WA 98284

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

(d) 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: Varies by season.

Elevation of this project: 3800’ to 4200’.

Transportation facilities: Road access is good. One Lane Road exists with a sharp 90° turn right over Baker Lake Dam plus 1 log Stringer Bridge rated for Highway Legal Loads only at MP 5.4 on Road 1107. At MP 9.576 of the Project a temporary road around existing washout will need to be constructed. This work is incidental to Mobilization item 15101.

Other Physical Data: None.

H-11 FIRE PROTECTION AND SUPPRESSION REQUIREMENTS

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

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 Memorandum of Understanding (MOU) 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

5. 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.

6. 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.

7. 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

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

9. 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.

10. 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.

11. 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

12. 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.

13. 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.

14. 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

15. 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.

16. 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.

3. Silt Fence

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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

(FAC 2005-67 Effective 22 Jul 2013)

I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (OCT 2010) (Applicable if contract exceeds

$15,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds

$10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

(Applicable if FAR52.222-26 is included) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) (Applicable if contract exceeds $15,000) 52.222-37 Employment Reports Veterans (SEP 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (JUL 2012) 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) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984)

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026 http://www.usda.gov/procurement/policy/agar.html

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (JUL 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) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JUL 2013) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

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

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (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) 452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“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 means the 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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM 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

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026 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 name.

(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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov .

I-3 FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

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

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

I-4 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS

(SEP 2010)

(a) Definitions. As used in this clause— https://www.acquisition.gov/

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

________________________________________________ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I-5 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR

TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012)

(ALTERNATE 1) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Exhibit or Attachment Number of Pages

1. Supplemental Specifications 22

2. Project Plans: 8

Page 1: Title Page Page 2: Location Map

Page 3: Summary of Quantities Page 4: General Notes Page 5: Work List Page 6: Road Scarification and Furrowing Ditches Page 7: Drainage Typical Page 8: Road Closure

3. Fire Protection and Suppression (FSR 6300-52 Rev. 5/97) 6

4. DOL Wage Determination 45 (Project is located 34 Air Miles from Mt. Vernon, Washington)

Table of Contents

Table of Contents

Preface

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations

101.04 Definitions

102 - Bid, Award, and Execution of Contract

102 Bid, Award, and Execution of Contract

103 - Scope of Work

Deletions

104 - Control of Work

Deletions

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material Sources

105.02(a) Government-provided sources

105.05 Use of Material Found in the Work

106 - Acceptance of Work

106.07 Delete

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims

107.06 Contractor’s Responsibility for Work

107.09 Legal Relationship of the Parties

107.10 Environmental Protection

108 - Prosecution and Progress

108 Delete

109 - Measurement and Payment

109 Deletions

109.02 Measurement Terms and Definitions

Project: Anderson Road (FSR 1107) Decommissioning Solicitation No. AG-05M6-S-13-0026 bajohnson03

Attachment 1 - Supplemental Specifications (22 Pages)

155 - Schedules for Construction Contracts

155 Delete

622 - Rental Equipment

622.02 Rental Equipment

625 - Turf Establishment

625.03 General

625.04 Preparing Seedbed

625.05 Watering

625.06 Fertilizing

625.07 Seeding

625.08 Mulching

625.09 Protecting and Caring for Seeded Areas

625.11 Measurement

625.04 Preparing Seedbed

625.07 Seeding

(a) Dry method. Delete the third sentence

718 - Traffic Signing and Marking Material

718.05 Aluminum Panels

Preface

Preface_wo_03_15_2004_m

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest…