RFP_No_AG-05M6-S-14-0035.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-14-0035

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

7/22/2014

PAGE OF PAGES

IMPORTANT - The “offer” section (Page 2) must be fully completed by Offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

702490

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FOREST SERVICE

MT. BAKER-SNOQUALMIE NATIONAL FOREST

ATTN: BRIAN A. JOHNSON, CONTRACTING OFFICER

2930 WETMORE AVE., SUITE 3A

EVERETT, WA 98201

Same as Block 7 Facsimile Proposals send to: (425) 783-0129

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson

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

Phone: (425) 783-6056

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):

SOUTHSIDE SUIATTLE DECOMMISIONING-FSR 2500-016, 2510-012, 2700-005

MT. BAKER-SNOQUALMIE NATIONAL FOREST

DARRINGTON RANGER DISTRICT

(Snohomish County, WA)

Reminder to Offerors*:

• Complete and submit Pages 1-2 of this SF 1442

• Complete and submit Section B – Schedule of Items for Bid (2 Pages)

• Complete and submit Section K sections

• Complete and submit Attachment 5. Experience Questionnaire

*And any other required submittals as called out in the solicitation

11. The Contractor shall begin performance within 15 calendar days and complete it on or before 60 days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Sections F/G/I.)

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

B. An offer guarantee * is, is not required.

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

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

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

Computer Generated

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

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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 (Offeror to Complete and Submit the Section B-1 Schedule of Items for Bid)

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, requisitions identified on this form and any continuation sheets for the consideration slated 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)

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

(Page 1 of 2)

SOUTHSIDE SUIATTLE DECOMMISIONING

FSR 2500-016, 2510-012, 2700-005

MT. BAKER-SNOQUALMIE NATIONAL FOREST

DARRINGTON RANGER DISTRICT

B-1 SCHEDULE OF ITEMS (Page 1 of 2)

ITEM

DESCRIPTION

PAY EST. UNIT TOTAL

NO. UNIT QTY. PRICE PRICE

15101 Mobilization LS 1 $ $ 15713 Soil Erosion & Pollution Control LS 1 $ $

20420 (A) Drainage Feature Type 1, Ditch Relief Culvert Removal (10-50 CY fills) with riprap base (See Work List)

EA

4 $ $

20420 (B)

Drainage Feature Type 2A, compaction method C, finishing method C, Stream Restoration (30-200 CY) (See Work List)

EA

3 $ $

20420 (C)

Drainage Feature Type 2B, compaction method C, finishing method C, Stream Restoration (201-400 CY) (See Work List)

EA

2 $ $

20420 (D)

Drainage Feature Type 2C, compaction method C, finishing method C, Stream Restoration (401-600 CY) (See Work List)

EA

1 $ $

20420 (E)

Drainage excavation, compaction method C, finishing method C, Swale Construction (10-50 CY fills) (See Work List)

EA

1 $ $

20420 (F) Drainage excavation, Type Waterbar

EA 12 $ $

20427 (A) Road closure device, Earth Berm EA 2 $ $

20427 (B) Road closure device, Rock Barrier, Commercial Source

EA

1 $ $

21103 Roadway Obliteration, Method 2 MI 1.4 $ $ 62201 (A) Excavator, 1 CY bucket with thumb HR 4 $ $ 62201 (B) Dump truck, 10 CY HR 4 $ $ 62529 Seeding and Mulching, Dry Method LS 1 $ $

Total Price: $______________

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

B-1 SCHEDULE OF ITEMS (Page 2 of 2)

Note:

1) The Offeror must provide pricing on all line items in order to be considered for award.

2) There are no option items in the Schedule of Items

NAME AND ADDRESS OF OFFEROR: ________________________________________

NAME / TITLE OF PERSON AUTHORIZED TO SIGN PROPOSAL: _________________________________________

SIGNATURE: ______________________________ DATE: ____________________

DUNS NO.: _____________________

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

This Decommissioning project will consist of:

• Removal and disposal of all culverts

• Excavation and roadway obliteration

• Earth berm and Rock barrier road closure devices

• Re-establishment of stream channels

• Seeding and mulching of disturbed areas

C-2 PROJECT LOCATION

FSR 2500-016 and FSR 2700-005: T 32 N, R 11 E, SECTION 16

FSR 2510-012: T 32 N, R 11 E, SECTION 7, 8

All project roads are located on the Darrington Ranger District. It may be accessed by Route Hwy 20, 7 miles north of the Darrington Ranger Station onto FSR 26. Travel approx. 9.8 miles on FSR 26 to access FSR 25 crossing Boundary Bridge.

C-3 PRE-BID SITE VISITS

A pre-bid site visit will not be involved. Bidders are advised to visit project sites prior to bidding. Forest access roads to project sites are either asphalt and/or aggregate roads accessible with passenger vehicles.

C-4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES

ON FEDERAL HIGHWAY PROJECTS (FP-03) (2003)

The Federal Highway Administration’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 Customary Units 2003 or newer edition is included by reference.

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. The FP-03 can be downloaded here: http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

C-5 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

Between $25,000 and $100,000.

C-6 CONTRACT TIME

Sixty (60) calendar days from notice to proceed date, with construction in-stream work planned to start around August 1st and end Oct 15th. Calendar time includes all submittals, approvals, material ordering, and construction.

C-7 EXISTING CONDITIONS

Contractor shall verify all existing dimensions and conditions before proceeding with the work. All dimensions must be verified and/or determined in the field. Protect all improvements including existing culverts and roadway from damage during construction.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C-8 SHOP DRAWINGS

Submit the following shop drawings (4 sets unless noted). See FAR section 52.236-21(e) for Contractor's coordination, review, and approval requirements; see 52.236-21(f) for Contractor's duty regarding shop drawings showing variations from contract requirements.

Referenced by Time for Government Title Section No. Approval After Submittal

NONE

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

SUBMITTALS

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative. Refer to the Forest Service Specifications for required certification and reports for Pay Items mentioned. Provide all submittals/certifications within 14 calendar days of contract award.

ITEM DESCRIPTION

20427 (B) Boulders, 4’x4’x4’ average dimension 62529A(1) Seeding and Mulching, Dry Method, Mix C

(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

C-10 CONSTRUCTION SCHEDULE

Wildlife Restrictions (including fisheries):

A) In-water work windows for fisheries concerns are as follows:

Location Start Date End Date Suiattle River August 1st October 15th

All in-water work shall be conducted in a timely manner as to minimize potential impacts to fish and fish habitat. All work shall be in accordance with the Memorandum of Understanding between the Washington State Department of Fish and Wildlife and the USDA Forest Service. Any body of water isolated by turbidity curtains or other barriers requires fish exclusion.

B) Work restrictions for wildlife concerns are as follows:

No mechanical equipment work shall occur between 2 hours after sunrise and 2 hours before sunset from April 1st to September 23th annually to minimize potential adverse effects to breeding marbled murrelets within forest with suitable nesting branch structure.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 http://agr.wa.gov/PlantsInsects/WWHAM/WWHAM.aspx

SECTION D--PACKAGING AND MARKING

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

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

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

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

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or elsewhere herein. This does not relieve the Contractor of completing Contractor quality control work.

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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 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/ http://farsite.hill.af.mil/vffara.htm

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 within 60 calendar days of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 http://farsite.hill.af.mil/vffara.htm

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” The term “bidder” shall be construed to mean “offeror.”

G-2 GOVERNMENT FURNISHED PROPERTY (GFP)

All GFP shall be maintained in accordance with FAR Clause 52-245-1 as contained by reference in Section I of this contract. The following property will be furnished by the Forest Service:

Use of on-site riprap generated or found within road right-of-way and with CO approval

G-3 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, if any: ______________"

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 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 site 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 FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

H-3 USE OF PREMISES (AGAR 452.236-72)

(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-4 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-5 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.).

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

(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-6 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-7 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the 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. The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other 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.

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

Contracting Officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement 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. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly.

The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor’s are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-8 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 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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

H-9 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 Service Personnel.

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

Elevation of this project: Approximately 1000’

Transportation facilities: FSR 26 is a Paved Maintenance Level 4 Road (passenger car) and is in generally good condition to MP 10.0. FSR 25 is a Maintenance Level 3 Road (2-wheel drive vehicles) and is in generally good condition to the project site. FSR 2500-016, 2510-012, & 2700-005 are not accessible to motor vehicles.

Other Physical Data: None.

H-10 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)

H-11 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 made available at the Preconstruction Conference.

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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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 in-stream 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 water body 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 water body through the pump intake.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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

3. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the 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 water bodies shall be minimized and limited to that necessary to construct the project.

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

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

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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 water bodies.

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 stream banks 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 water bodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, water bodies, or wetlands to prevent delivery of potential contaminants.

Spill containment equipment and material shall be on site.

Concrete and Treated Wood

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

2. 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

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 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 stream banks 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 Stream Bank 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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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.

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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005

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.

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. Stream banks 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 stream banks.

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-12 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. A complete copy of the document can be found online at: http://www.fs.fed.us/biology/resources/pubs/watershed/

H-13 FISH EXCLUSION

1) The directing biologist will have a minimum of 100 hours electrofishing experience in the field using similar equipment, and any individuals operating electrofishing equipment will have a minimum of 40 hours electrofishing experience under direct supervision. All individuals participating in fish capture and removal operations will have the training, knowledge, skills, and ability to ensure safe handling of fish, and to ensure the safety of staff conducting the operations.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 http://www.fs.fed.us/biology/resources/pubs/watershed/

2) Three passes from upstream to downstream with no greater than a 9.5mm stretched mesh seine within the isolated project area.

3) A single pass with standard electrofishing equipment within the isolated project.

4) Follow “Recommended Fish Exclusion, Capture, Handling, and Electroshocking Protocols and Standards” USFWS 2012. http://www.fws.gov/wafwo/pdf/FishExclusionProtocolsandStandards6222012%20DR.pdf

5) Contact Forest Service Fish Biologist, Jeremy Gilman (360-854-2633) 3 days prior or more to initiating fish exclusion activities.

H-14 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.

H-15 PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Bid Schedule. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.

H-16 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-17 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.

RFP No.: AG-05M6-S-14-0035 Project: Southside Suiattle Decommissioning, FSR 2500-016, 2510-012, 2700-005 http://www.fws.gov/wafwo/pdf/FishExclusionProtocolsandStandards6222012%20DR.pdf

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under FAR 52.243-4 Changes.

H-18 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

H-19 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

H-20 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

Performance and payment security furnished under this contract must be retained by the Government for a minimum period after acceptance of all work under the contract, including any warranty period.

Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor after this period if no claims against these bonds have been filed at that time.

For contracts subject to the Miller Act this minimum period is one year.

H-21 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S.