Solicitation_AG-05M6-S-14-0015_Anderson_Creek_Bridge.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-14-0015

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/29/2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue, Suite 3A Everett, WA 98201

Contracting Officer Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue, Suite 3A Everett, WA 98201

9. FOR INFORMATION

CALL:

A. NAME

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

425-783-6053

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

ANDERSON CREEK BRIDGE INSTALLATION – Mt. Baker Ranger District Mt Baker-Snoqualmie National Forest

Whatcom County, Washington

Price Range The Government's estimate is: between $100,000 and $250,000.

Technical Contacts: Peter Wagner at 360-854-2621 or email at pswagner@fs.fed.us or Luke Silvis at (360) 854-2624 or email lesilvis@fs.fed.us

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

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM local time 27 JUNE 2014 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. Bid Bond Required 20%

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ANDERSON CREEK BRIDGE INSTALLATION

MT. BAKER RANGER DISTRICT

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization Lump Sum 1 $ $

15201

Construction survey and staking, method 1, tolerance A Lump Sum 1

15713

Soil Erosion & Pollution Control Lump Sum 1

20102

Clearing and grubbing Lump Sum 1

20305

Removal of structures and obstructions, disposal method J (Remove existing bridge and log crib retaining walls)

Lump Sum

20401

Roadway excavation, compaction method E, finishing method A

*Cubic Yard 350

20403

Subexcavation Cubic Yard 50

20701

Earthwork geotextile type III Square Yard 90

209A64

Foundation Preparation *Cubic Yard 13

25101

Placed riprap, class 2 (includes approximately 49 SY of geotextile type IV)

*Cubic Yard 15

25701

Alternate retaining wall, Type Janicki Industries precast concrete or approved equal

Lump Sum 1

32451

Aggregate base, 1‐1/4” minus Washington State DOT, compaction method B (commercial source )

*Ton 245

57190

70’ Government‐furnished prefabricated bridge superstructure ‐ transport and install

Lump Sum 1

62201a Equipment rental – Excavator min. 90 hp, 3/4 CY bucket, 20’ reach

Hour 80 $ $

62201b Equipment rental – dump truck min. 10 CY capcity

Hour 80 $ $

62503

Seeding and mulching, dry method Lump Sum 1

*Indicates contract quantity

TOTAL PRICE: ‐‐‐‐‐‐‐‐‐‐‐‐> $

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project consists of, but is not limited to, the replacement of a 60’ long log stringer bridge at MP 5.3 on FSR 1107, Anderson. Bridge work includes installing a 70’ long, Government-furnished prefabricated bridge superstructure, along with contractor furnished concrete sills, backwalls/retaining walls, and aggregate surface. Other work includes erosion control, resource protection, clearing and grubbing, removal of existing log stringer bridge to nearby disposal site, riprap placement, road approach work, excavation and embankment, crushed rock surfacing, hauling of waste material, seeding and mulching.

C.2 PROJECT LOCATION

The project is located in Whatcom County. T37N, R9E, S21. From Sedro-Woolley, WA head east approximately 17 miles and turn left on to Skagit County road, Baker Lake Highway. Travel north for 13 miles and turn right onto FSR 1106, East Bank. On FSR 1106 at MP 2.0 you will cross the Baker Lake Dam. Travel across the dam for 0.7 miles to the beginning of FSR 1107.

Proceed for 5.3 miles to the project site.

C.3 PRICE RANGE

The Government's estimate is: between $100,000 and $250,000.

C.4 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

C.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 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.

C.7 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

ON FEDERAL HIGHWAY PROJECTS (FP-03)

These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

They are available online at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C.8 BIOBASED PRODUCTS

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

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

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

Graffiti and grease removers Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases

Dust suppressant 2-cycle engine oil Absorbents

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

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

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

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

Biobased Products Under Service and Construction Contracts.

C.9 MATERIAL CERTIFICATIONS, INVOICES, TESTING REPORTS & OTHER

SUBMITTALS

Submit the following shop drawings, certificates, test reports, samples and test data for this project (3 sets each except only 2 samples unless noted). See FP-03 sections 104 and 106 for timely submittal and approval by the Contracting Officer.

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative prior to implementation on the project:

ITEM DESCRIPTION

TIME FOR

GOVERNMENT

APPROVAL

15101 Traffic Control Plan 2 days

15713 Soil Erosion and Pollution Control Plan 2 days

20701 Earthwork Geotextile 7 days

25701 Alternate retaining wall 7 days

32451 Aggregate Base, 1-1/4” WSDOT mix (commercial source) 7 days

62503(1) Seed Mix C1, Weed free mulch 7 days

(1) A list of certified growers of mulch in the state of Washington can be found by following this link:

http://agr.wa.gov/PlantsInsects/WWHAM/WWHAM.aspx

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

52.246-12 Inspection of Construction (AUG 1996)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

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

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 60 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT-FURNISHED PROPERTY

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

Ite Description Location Value 57190 70ft Prefabricated bridge Koma Kulshan yard, $83,495

RD 1106 MP 0.3

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 10 days after the date of contract award. The conference will be held at a location to be determined after contract award.

G.3 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.4 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 FAR 52.236-4 PHYSICAL DATA (APR 1984)

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. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Service Personnel.

(b) Weather conditions: Normal west slopes of Cascade Mountain weather. Elevations of this project is 2600’.

(c) Transportation facilities : Forest Service Road access is fair (this road involves crossing a dam with very sharp curves on both approaches and the road has several witchbacks).].

(d) Other Physical Data: None

H.2 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

The In-stream Work Window for this project is August 1st to September 15th.

H.3 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (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.4 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.5 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (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.6 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(NOV 1996)

(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, OR impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H.7 RIGHTS IN AND USE OF MATERIALS:

(d) 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.

(e) 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.8 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 the Forest Service, shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H.9 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(f) 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.

(g) 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.

(h) Contractor's Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-5.

H.10 LANDSCAPE PRESERVATION:

(i) 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.

(j) 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 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR

112) including certification by a registered professional engineer.

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

(k) Trash and Refuse - Contractor shall remove all of its 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.11 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT

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 Forest land, 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.12 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.13 FSAR 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEB 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

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

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.14 WDFW-USFS INTERIM MOU PROVISIONS (JAN 2012):

A copy of this MOU must be on site at all times when work is conducted under the provisions of Appendix A. A full copy of the WDFW-USFS MOU will be provided at the Prework meeting.

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A

PROJECTS

Fish-bearing Waters

1. Streams which meet the Washington State Forest Practices Act physical criteria for fish presence (WAC 222-16-031 Interim Water Typing System) are assumed to be fish- bearing unless documented survey information is available that provides evidence of a lack of fish presence.

2. The Forest Service will consult with WDFW to agree on the status of streams that meet the physical criteria for fish presence but where biological information is incomplete, inconclusive, or not well documented.

Timing

1. Freshwater hydraulic projects conducted under Appendix A in fish-bearing streams or in tributary streams within ¼ mile of fish-bearing streams will be implemented only during the work periods outlined in Appendix D unless the Forest Service fisheries biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat. The location of the project within a watershed, site-specific conditions, circumstances, nature of the proposed work, and fish species and life stages actually present at the project site may make alternative instream work periods acceptable for many projects. 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 bankfull 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 over a culvert that is in place. These projects are still bound by the other provisions in Appendix A.

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 the USFS fish biologist determines 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 waters are not subject to the work periods specified in Appendix D unless the USFS fish biologist determines the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

1. The intake on any pump used for diverting water from a fish-bearing waterbody shall be screened with material that has openings no larger than 5/64 inch for square openings, measured side to side, or 3/32 inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a 100 gpm-rated pump would require at least a 100 square inch screen. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the waterbody through the pump intake.

2. Fish within construction sites that will be dewatered or isolated from the main waterbody shall be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all inwater 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 Washington Military Department’s Emergency Management Division at 1-800-258-5990.

Erosion Control

1. Alteration or disturbance of the bed, banks, and bank 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 waterbody. 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 waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, or other methods prior to the fall rainy season.

3. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood. Revegetation can be accomplished by planting or natural reproduction, depending on site conditions.

Dewatering

1. Where the project-specific provisions require worksite isolation from flowing waters and/or dewatering, a written dewatering plan shall be prepared prior to the start of the instream work that describes the method of bypass, location and construction of any coffer dams or diversion dams, the number and size of pumps to be used, and backup plans in place in case of mechanical failure or unanticipated storm events. The dewatering plan does not require review or approval by WDFW.

2. The dewatering system will be designed and installed to minimize erosion and sediment delivery to watercourses and to withstand all streamflows anticipated during the construction period.

3. Water bypassed around the site will be returned to the stream channel downstream of the work site. The bypass discharge point shall be designed to minimize erosion and scour of the stream channel, banks, and vegetation.

4. Wastewater from project activities within the dewatered area shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

5. Water shall be reintroduced back into the channel in a manner that minimizes the mobilization of fines and sediment into downstream waters.

6. Any materials used to construct the dewatering system will be removed prior to the completion of the project.

Heavy Equipment

1. The use of heavy equipment within the bankfull 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 and appropriate measures shall be taken to minimize damage to streambanks and streambed.

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 bankfull channel in streams or below the ordinary high water line in lakes.

3. To prevent contamination, equipment used around waterbodies 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, waterbodies, 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 waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

2. Wood treated with creosote or with pentachlorophenol in heavy oil solvent may not be used for wood components that will be over or in contact with water in hydraulic projects. Wood treated with any pentachlorophenol formulation may not be used for in-water contact (i.e., within the 100 year floodplain). All treated wood used for hydraulic projects shall meet or exceed the criteria and guidance established in the most current edition of 'Best Management Practices For the Use of Treated Wood in Aquatic and Other Sensitive Environments' developed by the Western Wood Preservers Institute, Wood Preservation Canada, Southern Pressure Treaters' Association, and Timber Piling Council, and any current amendments or addenda to it. Current amendments and addenda include but may not be limited to 'Amendment #1: CCA - Chromated Copper Arsenate', dated October 25, 2006; and 'Addendum #1: ACC - Acid Chromated Copper', dated February 28, 2007.

Invasive Species Control

1. All materials and equipment used in the construction of hydraulic projects shall be free of aquatic invasive species and noxious weeds. Materials and equipment used at a project site at which aquatic invasive species are already established shall be decontaminated so that no viable aquatic invasive species are transported from the job site.

Other

1. A copy of this MOU shall be available on site at all times when work is conducted under the provisions of Appendix A.

SPECIFIC PROJECT PROVISIONS

Bank Protection

NOTE: Bank protection projects include, but are not limited to: installation and maintenance of riprap, groins, bank barbs, and large wood to protect streambanks and lakeshores from erosion. Bio-engineering is the preferred method of bank protection where practicable. Placing riprap or armoring at individual road/stream crossings is not included under this project type.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting bank protection projects.

1. Bank protection shall be designed, installed and maintained to minimize potential negative effects to aquatic habitat, stream channel morphology, and hydraulics of the stream. Site investigations and selection of appropriate bank stabilization techniques should be guided by the Washington State Integrated Streambank Protection Guidelines (ISPG) or an equivalent process.

2. Bank protection projects shall be designed, installed and maintained to maintain the productive capacity of adjacent aquatic habitat. It may be necessary to incorporate mitigation measures such as placement of log and/or rock structures into project designs to achieve this objective.

3. Where hard armoring is required, bank protection material shall be clean, angular rock and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. Grout or concrete products shall not be used.

4. Placement of bank protection material within the bankfull channel shall be limited to the minimum amount necessary to achieve project objectives. Bank protection material shall not constrict the flow or cause any measurable increase in backwater elevation.

5. A Forest Service staff with expertise in stream processes and fish habitat shall be involved in the planning, design, and implementation of any bank protection project within the bankfull channel of streams or the ordinary high waterline in lakes.

6. Bank protection projects totaling more than 100 lineal feet of bank are not included under

Appendix A.

7. Projects involving bulkheads in any waters are not included under Appendix A.

Permanent Bridge Installation and Replacement

NOTE: Permanent bridge installation and replacement projects include new bridges that are installed for more than one year, replacing culverts with permanent bridges, and replacing or upgrading permanent bridges.

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

1. In non fish-bearing waters, provisions highlighted with a * are not required.

2. *Bridges on fish-bearing streams shall be designed, installed, and maintained to provide unhindered passage for all fish species and all life stages that are likely to be encountered at the site.

3. *Forest Service shall notify WDFW when it begins the design process for permanent bridges on fish bearing streams. Collaboration is encouraged on these projects and can be initiated by either agency when there are concerns about any of these projects.

4. Installation of multiple span bridges with piers within the bankfull channel is not included under Appendix A.

5. Bridges shall be designed, installed and maintained to accommodate the 100-year peak flow with consideration of the sediment load and wood likely to be encountered.

6. Bridges shall be designed, installed and maintained to avoid causing negative channel effects such as scouring or erosion of the streambed or banks.

7. No abutments or riprap shall be placed within the bankfull channel.

8. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery of sediment to watercourses.

9. 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.

Permanent Culvert, Bridge, and Ford Removal

NOTE: Permanent stream crossing structures include culverts, bridges, and fords of any size that have been in place for more than one year. The following provisions cover the permanent removal of these stream crossing structures.

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

1. All fill material and man-made structures that may impede channel-forming or channel-migration processes shall be removed. The natural stream channel profile shall be restored. Bottom width opening of the fill removal at stream channel crossings shall be equal to, or greater than, the natural bankfull channel width.

2. Streambanks shall be shaped to mimic the natural stream channel and banks and restore the natural valley configuration.

3. Streambed substrates shall mimic the natural streambed characteristics upstream and downstream of the crossing removal. Large woody material and/or large rocks may need to be placed within the crossing removal site to accomplish this objective.

4. The toe of the excavation shall be stabilized with large wood, appropriately sized rock, and/or vegetation as necessary to prevent excessive erosion of the new streambanks.

5. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery of sediment to watercourses.

6. 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.

H.15 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 listed herein. The Contractor shall have a copy of the BMP’s available and on-site at all times.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JULY 2013)

52.204-13 System for Award Management Maintenance (JULY 2013)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

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 (JULY 2013) 52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(JULY 2005)

52.222-6 Davis-Bacon Act (JULY 2005)

52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 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 Veterans (SEP 2010) 52.222-40 Notification of Employees Rights Under the National Labor Relations Act

(DEC 2010 )

52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 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 (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JULY 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(JULY 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

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…