Solicitation_No._AG-05M6-S-15-0035.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-15-0035

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5-29-2015

PAGE OF PAGES

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

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

744430

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave., Suite 3A Everett, WA 98201-4067

Brian A. Johnson Contracting Officer

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson

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

(425) 783-6056 or bajohnson03@fs.fed.us

SOLICITATION

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

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

Forest Service Road (FSR) 1152 Road Decommissioning & Storage Mt. Baker-Snoqualmie National Forest

Mt. Baker Ranger District Washington State (Whatcom County)

11. The Contractor shall begin performance within 15 calendar days and complete it within 120 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

Fourteen (14)

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 3:30 PM (Pacific) on June 29, 2015. 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)

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 1 of 186 mailto:bajohnson03@fs.fed.us

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Invoice Processing Platform at www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 2 of 186 http://www.ipp.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

FSR 1152 Road Decommissioning & Storage Mt. Baker-Snoqualmie National Forest

Mt. Baker Ranger District Washington State (Whatcom County)

B.1 SCHEDULE OF ITEMS

BASE ITEMS:

FSR 1152 ROAD OPENING MP 7.6-8.6

Item # Description Pay Unit Est. Qty Unit Price Total Cost

20101 Road Opening LS 1 $ $

Total: $

FSR 1152 DECOMMISSIONING MP 8.6-10

Item # Description Pay Unit

Est.

Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

*20301 Removal, Culverts EA 9 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 8 $ $

*20420B Drainage Feature, Type 2A, Live Stream Crossing, < 500 C.Y. EA 1 $ $

20420D Waterbars, Staked By C.O. EA 10 $ $

21104 Scarify Roadbed, 18" Minimum Depth Mile 1.4 $ $

62501 Turf Establishment, Seed Mix C-1, Certified Weed Free Straw, 3000 Lb/Acre Acre 1.7 $ $

FSR 1152 SLIDE REPAIR MP 7.6

Item # Description Pay Unit Est. Qty Unit Price Total Cost

20101 Roadway Opening, Slide Repair and Removal, Install Temporary 36" CMP LS 1 $ $

62501 Turf Establishment, Seed Mix C-1, Certified Weed Free Straw, 3000 Lb/Acre Acre 0.33 $ $

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FSR 1152-017 DECOMMISSIONING MP 0.00-0.29

Item # Description Pay

Unit Est.

Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

*20301 Removal, Culverts EA 2 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 2 $ $

20420D Waterbars, Staked By C.O. EA 6 $ $

21104 Scarify Roadbed, 18" Minimum Depth Mile 0.29 $ $

Free Straw, 3000 Lb/Acre Acre 0.36 $ $

FSR 1152-030 STORAGE MP 0.00-0.70

Item # Description Pay Unit Est.

Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

*20301 Removal, Culverts EA 6 $ $

20402 Removal, Roadway Fill MP 0.41 & MP 0.70 EA 2 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 3 $ $

*20420B Drainage Feature, Type 2A, Live Stream Crossing, < 500 C.Y. EA 3 $ $

20420D Waterbars, Staked By C.O. EA 5 $ $

Free Straw, 3000 Lb/Acre Acre 0.85 $ $

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FSR 1152-031 DECOMMISSIONING MP 0.00-0.28

Unit Est.

Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

*20301 Removal, Culverts EA 2 $ $

*20420C Drainage Feature, Type 2B, Live Stream Crossing, >500 C.Y. EA 3 $ $

20420D Waterbars, Staked By C.O. EA 5 $ $

21104 Scarify Roadbed, 18" Minimum Depth Mile 0.28 $ $

Free Straw, 3000 Lb/Acre Acre 0.34 $ $

SPUR 1 DECOMMISSIONING MP 0.00-0.22

Unit Est.

Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

20402 Removal, Roadway Fill And Wooden Structure MP 0.22 EA 1 $ $

20420D Waterbars, Staked By C.O. EA 2 $ $

21104 Scarify Roadbed, 18" Minimum Depth Mile 0.22 $ $

62501 Turf Establishment, Seed Mix C-1, Certified Weed Free Straw, 3000 Lb/Acre Acre 0.27 $ $

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 5 of 186

OPTION A:

FSR 1152 STORAGE MP 8.2-8.6

Item # Description Pay

Unit Est. Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

20101 Road Opening LS 1 $ $

*20301 Removal, Culverts EA 6 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 3 $ $

*20420B Drainage Feature, Type 2A, Live Stream Crossing, < 500 C.Y. EA 3 $ $

20420D Waterbars, Staked By C.O. EA 10 $ $

62501 Turf Establishment, Seed Mix C-1, Certified Weed Free Straw, 3000 Lb/Acre Acre 0.48 $ $

OPTION B:

FSR 1152 STORAGE MP 7.6-8.2

Item # Description Pay

Unit Est. Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

*20301 Removal, Culverts EA 11 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 9 $ $

*20420B Drainage Feature, Type 2A, Live Stream Crossing, < 500 C.Y. EA 2 $ $

20420D Waterbars, Staked By C.O. EA 10 $ $

Weed Free Straw, 3000 Lb/Acre Acre 0.74 $ $

OPTION C:

FSR 1152 MP STORAGE MP 7.2-7.6

Item # Description Pay

Unit Est. Qty Unit Price Total Cost

15101 Mobilization LS 1 $ $

*20301 Removal, Culverts EA 13 $ $

*20420B Drainage Feature, Type 2A, Live Stream Crossing, < 500 C.Y. EA 13 $ $

20420D Waterbars, Staked By C.O. EA 10 $ $

Weed Free Straw, 3000 Lb/Acre Acre 0.48 $ $

* = Contract Quantity; LF = Linear Feet; CY = Cubic Yard; SY = Square Yard; LS = Lump Sum;

EA = Each

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 6 of 186

Total Price (All Base Items): $______________________

Total Pirce (Option A): $______________________

Total Price (Option B): $______________________

Total Price (Option C): $______________________

Total Price (All Base + Option Items): $______________________

Name and Address of Offeror: ______________________________________

Authorized signature: ______________________________________

Title: ______________________________________

Date: ______________________________________

Note: If offeror does not intend to charge for an item, a price of "$0" or "NO COST" should be shown.

The offeror must price all items to be considered for contract award. Offeror is requested to round prices to the nearest cent, e.g. $1.25 vice $1.248.

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 7 of 186

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

The intent of this construction contract is to provide for road decommissioning and road storage for Forest Service Roads (FSR) 1152, 1152017, 1152030, 1152031, and one un-numbered spur on the Mt. Baker-Snoqualmie National Forest (Mt. Baker Ranger District).The project consists of removing existing culverts, log structures, restoring stream channels to pre-existing conditions, constructing drainage dips, constructing a temporary roadway across a slide, as well as roadway scarification and placement of seed and mulch. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies, and perform all work required to reconstruct, decommission, or store the road according to the drawings and specifications of the contract. The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

C.2 PROJECT LOCATION

The project work area is located in the Baker Lake Area of the Mt. Baker Ranger District. The beginning of the project is located in T37N – R9E – South half of Section 32. Take State Hwy 20 east of Sedro Woolley WA approximately 17 miles to the intersection with Baker Lake Road. Turn north onto Baker Lake Road and travel approximately 23.5 miles to FSR 1152 intersection on the left. Proceed North on FSR 1152 to MP 4.2 “Beginning Of Project.” A District map showing the road system is available for viewing at the district office.

C.3 CONTRACT TIME

One Hundred Twenty (120) calendar days from Notice to Proceed (NTP).

C.4 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECT

Between $100,000 and $250,000.

C.4 SPECIFICATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) and Forest Service Supplemental Specifications noted herein. These Standard Specifications can be viewed and printed from the following website:

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

C.5 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.6 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.

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C.7 MATERIAL CERTIFICATIONS, INVOICES, AND TESTING REPORTS

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

Pay Item Material Requirement

62529 Seeding Mix C-1 Material Certification 62529 Mulch Material Certification

C.8 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used, maintained, and installed by the Contractor:

FSR 1152 Pit MP 5.62 – Borrow Material

C.9 CONSTRUCTION WORK DAYS AND HOURS

Contract Time is 120 calendar days for all project work. No work is allowed on Weekends or Federal holidays without written request by the Contractor to the CO for review and approval.

C.10 ROAD CLOSURE DEFINITION

The road shall remain closed for the entire duration of the project by keeping the existing gate closed at all times. A road closed sign shall be securely anchored to the gate at the beginning of the project on FSR 1152 at MP 4.2. Road Closure sign shall include the purchase, installation, and maintenance with the following information.

Road Closed For Construction – (3” Black Letters)

Contact USFS Mt Baker District Office – (3” Black Letters) for additional information at 360-856-5700 – (3” Black Letters)

The sign shall meet MUTCD compliance for Highway signs, reflective, R11-2 with a size of 48” wide x 36” tall. All work related to sign installation is incidental to Item 15101, Mobilization.

C.11 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES)

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

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

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SECTION D--PACKAGING AND MARKING

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

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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

Clause Title Date 52.246-12 Inspection of Construction AUG 1996

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

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

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

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

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SECTION F--DELIVERIES OR PERFORMANCE

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

if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

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

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fifteen (15) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than one hundred twenty (120) calendar days. The time stated for completion shall include final cleanup of the premises.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ten (10) calendar days after the date of contract award. The conference will be held at the Mt. Baker Ranger Station, 210 SR 20, Sedro Woolley, WA 98284.

G.2 CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations: ______________(if any)"

G.3 INVOICE PROCESSING PLATFORM (IPP)

Your company is required to submit electronic invoices at www.ipp.gov.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.2 USE OF PREMISES

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

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

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

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

H.4 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA 452.236-74)

(FEB 1988)

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

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

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

Contracting Officer.

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H.5 RIGHTS IN AND USE OF MATERIALS

(a) The Contractors, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

H.6 STORAGE AND STOCKPILING OF MATERIALS

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

H.7 EMERGENCY RESPONSE (USDA 452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fighting Fire. (1) The Contractor, under the provision of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish, all fires on the work site other than those fires in use as a part of the work. (2) The contractor may be held liable for all damages and for all costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

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

(c) Contractor's Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to restrict to fire fighting). An equitable adjustment for the temporary use of

(d) employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.8 LANDSCAPE PRESERVATION

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

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

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

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

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

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H.9 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (MAR 2004)

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service for an inspection prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H.10 PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Personnel.

Weather Conditions: Expect conditions to be warm with wet to dry soils.

Elevation of this project: 2200’ to 2600’ Transportation facilities: Road access is good. Road is a one lane gravel road.

Other Physical Data: Some sections of project roads may be wet to saturated depending on time of season. Beyond 1152 at MP 7.6 all roads are heavily brushed in.

H.11 FIRE PROTECTION REQUIREMENTS

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

Fire Protection and Suppression, R6-FS-6300-52 (5/97) Additional Fire Precautionary Measures - Tank Truck, R6-FS-6300-53 (5/89) Additional Fire Precautionary Measures - Communications, R6-FS-6300-54 (5/89)

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H.12 WDFW-USFS INTERIM MOU PROVISIONS (JAN 2012)

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

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

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

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

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

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

Fish Protection

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

6. Fish within construction sites that will be dewatered or isolated from the main water body will be captured and safely moved from the job site. Fish capture and transportation

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 17 of 186 equipment shall be available on the job site during all in water activities.

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

Erosion and Wastewater Control

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

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

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

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

Heavy Equipment

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

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

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

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Concrete and Treated Wood

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

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

PERMANENT CULVERT INSTALLATION AND REPLACEMENT

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

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

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

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

3. Silt Fence.

H.13 FOREST SERVICE NATIONAL CORE BEST MANAGEMENT PRACTICES (BMP’S)

Nonpoint Source Pollution Control for Water Quality Management on National Forest Lands (2010)

The BMP’s are a part of this Contract for all the related items of work listed herein. The Contractor shall have a copy of the BMP’s available and on-site at all times. The BMP’s shall be available upon request to the Contracting Officer or his/her designated Representative.

H.14 SUBMITTALS, SHOP DRAWINGS, MATERIAL CERTIFICATIONS AND TESTING

REPORTS

None required.

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H.15 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

a. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

b. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.

The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

c. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

d. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

e. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

f. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

g. If the Contractor does not promptly replace or correct rejected work, the Government may

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

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h. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

i. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H.16 CONSTRUCTION STAKES, LINES, AND GRADES

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H.17 CONTRACTOR’S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

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(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H.18 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Road No. Termini Authorizations, Restrictions & Requirements

Maintenance Required

(Yes or No)

All listed Project Roads

As shown on Drawings

FSR 1152 closed to all users at MP 4.2 gate No

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions:

1. The Road Rules in the current Umatilla National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits – All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over width permits. Forest Service overload permits for this project may be obtained from the District Ranger.

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4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant.

Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H.19 TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H.20 SAFETY

One site at MP 7.6 on FSR 1152 has a washout of the road where reconstruction of the site is required to provide equipment access beyond to work and complete the project requirements.

This specific site is listed as Pay Item # 20101. This area will take a good plan with careful thought for pioneering and constructing a suitable road to cross this site.

All other areas within the project work area are standard mountainous terrain where side slopes range from 10% to 80% cross slopes beyond the existing road prism.

H.21 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions

Solicitation No.: AG-05M6-S-15-0035 Project: FSR 1152 Decommissioning and Storage Page 23 of 186 exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242- 14, Suspension of Work, and shall not qualify for equitable adjustment.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

(FAC Number/Effective Date: FAC 2005-82/05-07-2015)

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

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 (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 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 Recycled Paper (MAY…