RFP_No._AG-05M6-S-15-0048.pdf

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Decommissioning of Forest Service Roads (FSRs) 6067, 6410 and 6412
Solicitation number
AG-05M6-S-15-0048
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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-15-0048

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

8-27-2015

PAGE OF PAGES

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

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

758944

6. PROJECT NO.

7. ISSUED BY CODE 05M6 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

9. FOR INFORMATION

CALL:

A. NAME

Brian A. Johnson B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(425) 783-6056, 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):

DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4)

MT. BAKER-SNOQUALMIE NATIONAL FOREST

SKYKOMISH RANGER DISTRICT

(KING COUNTY, WASHINGTON STATE)

Reminder to Offerors*:

• Complete and submit Page 2 of this SF 1442

• Complete and submit Section B – Schedule of Items for Bid (5 Pages)

• Complete and submit Section K all sections

• Complete and submit Attachment 5 Experience Questionnaire

• Complete and submit Original Attachment 6, Bid Bond Guarantee, Proposals $150,000 and Greater

*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 September 30th 2016 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 3:30 PM (Pacific) (hour) local time September 25, 2015 (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. (20% of Proposal Amount)

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-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 1 of 161 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 (Offeror to Complete and Submit the Section B-1 Schedule of Items)

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-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 2 of 161

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4)

MT. BAKER-SNOQUALMIE NATIONAL FOREST

SKYKOMISH RANGER DISTRICT

(KING COUNTY, WASHINGTON STATE)

B-1 SCHEDULE OF ITEMS (Page 1 of 4)

BASE ITEMS:

FSR 6410 - BASE ITEMS - STA. 0+00 TO STA. 24+80

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

15101A Mobilization LS 1 $ $

15101B Gate and misc. Metal Removal and Disposal LS 1 $ $

15713 Soil Erosion & Pollution Control LS 1 $ $

20301A Culvert Removal, 12"-24" EA 3 $ $

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

20420D Waterbars, Staked By Forest Service EA 2 $ $

20427 Roadway Closure Berm EA 1 $ $

21103A Roadway Obliteration, Method _2_ Mile 0.33 $ $

62201A Equipment Rental, Excavator HR 2 $ $

62201B Equipment Rental, Dump Truck HR 2 $ $

62529 Seeding and Mulching, Seed Mix C2- Dry Method LS 1 $ $

Total: $

FSR 6412 - BASE ITEMS - MP 0.01

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

60275

24” High density polyethelene (HDPE) culvert, compaction method B. Riprap, excavation, 10 Tons of (5/8" minus) bedding material, backfill, and 20 Tons of aggregate surfacing (1 1/4" minus), WSDOT mix, are incidental. Includes mobilization of materials.

LS 1 $ $

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 3 of 161

B-1 SCHEDULE OF ITEMS (Page 2 of 4)

BASE ITEMS:

FSR 6067 - BASE ITEMS – STA 23+25, 27+65, & STA. 43+50 TO 240+67

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

15101C Mobilization LS 1 $ $

*20301A Removal, Culverts, 12"-24" EA 27 $ $

*20301B Removal, Culverts, 36"-60" EA 1 $ $

*20301C Removal, Culverts, Site Specific, FSR 6067

STA. 140+55 & FSR 6067 STA. 143+70 EA 2 $ $

20401A

Roadway Excavation, Slide Repair And Removal. STA. 23+25, STA. 27+65, STA.

79+70, STA. 133+60, STA. 139+32, STA.

139+83, STA. 143+71

EA 7 $ $

*20420A Drainage Feature, Type 1, Drainage Relief Dip EA 26 $ $

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

*20420C Drainage Feature, Type 3, Live Stream Crossing, 2,000 C.Y. - 3,600 C.Y. EA 1 $ $

20420D Waterbars, Staked By Forest Service EA 67 $ $

20427 Remove/Reinstall Roadway Closure Berm LS 1 $ $

21103B Roadway Obliteration, Method 1 Mile 0.61 $ $

62201A Equipment Rental, Excavator HR 16 $ $

62201B Equipment Rental, Dump Truck HR 4 $ $

62529 Turf Establishment, Seed Mix C-3, Certified Weed Free Straw, 3000 lb/acre Acre 5 $ $

91201 Trail Construction LS 1 $ $

FSR 6067-220 - BASE ITEMS

20420D Waterbars, Staked By Forest Service EA 5 $ $

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 4 of 161

B-1 SCHEDULE OF ITEMS (Page 3 of 4)

OPTION ITEMS:

FSR 6067 - OPTION A - STA. 19+10 TO 43+50

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

*20301A Removal, Culverts, 12"-24" EA 5 $ $

*20301B Removal, Culverts, 36"-60" EA 2 $ $

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

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

*20420C Drainage Feature, Type 3, Live Stream Crossing, 2,000 C.Y. - 3,600 C.Y. EA 1 $ $

20420D Waterbars, Staked by Forest Service EA 5 $ $

21103B Roadway Obliteration, Method 1 Mile 0.44 $ $

62529 Turf Establishment, Seed Mix C-3, Certified Weed Free Straw, 3000 lb/acre Acre 0.2 $ $

FSR 6067 - OPTION B - STA. 0+00 TO 19+10 AND SURFACE STRIPPING

*20301A Removal, Culverts, 12"-24" EA 4 $ $

*20301B Removal, Culverts, 36"-60" EA 1 $ $

20401B Roadway Excavation, Strip Surfacing CY 700 $ $

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

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

20420D Waterbars, Staked By Forest Service EA 5 $ $

62529 Turf Establishment, Seed Mix C-3, Certified Weed Free Straw, 3000 lb/acre Acre 0.1 $ $

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 5 of 161

B-1 SCHEDULE OF ITEMS (Page 4 of 4)

PROPOSAL SUMMARY:

FSR 6410: $

FSR 6412: $

FSR 6067: $

FSR 6067-220: $

FSR 6067 OPTION A: $

FSR 6067 OPTION B: $

TOTAL PRICE: $__________________ _

Note:

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

NAME AND ADDRESS OF OFFEROR: ________________________________________

NAME / TITLE OF PERSON

AUTHORIZED TO SIGN PROPOSAL: ________________________________________________

SIGNATURE: ______________________________ DATE: ____________________

DUNS NO.: ______________________________

TELEPHONE NO.: ______________________________

E-MAIL: ______________________________

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 6 of 161

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 road closures

• Roadway Excavation/Slide Repair For

Access & Access Removal

• Seeding and mulching of disturbed areas

• Stream restoration

• New culvert installation (FSR 6412)

• Trail Construction (FSR 6067)

C-2 PROJECT LOCATION

All project roads are located on the Skykomish Ranger District. Project road locations are Forest Service Roads (FSR) 6410 STA. 0+00 to STA. 24+80, FSR 6412 MP 0.01, and FSR 6067 STA. 0+00 to STA. 240+67. FSR 6410 is located in T 25N R 11E Sec 16, 17, approximately 31 miles East of Monroe, Wa on Hwy 2. Turn right onto FSR 64 (Old Cascade Highway) for approximately 1 mile to the intersection of FSR 6410. Travel south on FSR 6410 to the beginning of the project site at MP 3.6. FSR 6412 is located at the junction with FSR 6410 at MP 4.55. FSR 6067 is located in T 20N R 12E Sec 21, 22, approximately 37.2 miles East of Monroe, WA on Hwy 2. Turn left onto FSR 6066 and travel north for approximately 7.5 miles to the junction of FSR 6066 and 6067 to the beginning of project. District maps showing the general road systems are available for viewing at the district office in North Bend, Washington and Skykomish Washington. FSR 64 is maintained by King County from MP 0.0 to MP 3.2, and FSR 6410 is maintained by King County from MP 0.0 to MP 3.7. Project areas may be accessed via, paved, gravel and/or natural earth roads.

C-3 PRE-BID SITE VISITS

None - Contractors are advised to visit the project site prior to proposal submission. See Section L.

Forest access roads are accessible with 2x4 vehicles and project roads are not drivable.

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 PROJECT

$250,000 to $500,000

C-6 CONTRACT TIME

Project completion date is September 30th, 2016 from notice to proceed date. Construction in-stream work window dates are included in calendar days planned. The in-stream work window dates start August 1st and ends August 15th annually. Calendar time includes any submittals, material ordering and construction.

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 7 of 161 http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

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.

C-8 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 for approval prior to use on the project. Refer to the Forest Service Specifications for required certification and reports for Pay Items mentioned.

ITEM DESCRIPTION

15713 Certified Weed-Free Erosion Control 62529 Seed Mix (C2 & C3) 60275 Riprap from Weed-Free Commercial Source 62529(1) Certified Weed-Free Straw

(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-9 CONSTRUCTION SCHEDULE

Wildlife Restrictions (including fisheries):

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

Location Start Date End Date Tributaries of South Fork Skykomish River August 1st August 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:

Mechanical equipment work shall only occur between 2 hours after offical sunrise and stop 2 hours before offical 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-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 8 of 161 http://agr.wa.gov/PlantsInsects/WWHAM/WWHAM.aspx

SECTION D--PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication, e.g. letters, certified payrolls, e-mails, submittals, etc. starting upon notice of award.

Note: The solicitation number will have an “S” for the solicitation indicator in the number.

Contracts will have a similar number format but will have a “C” in place of the “S.”

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 9 of 161

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-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 10 of 161 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 by September 30, 2016 from issuance of Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 11 of 161 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 CONTRACTOR INVOICE CERTIFICATION

When submitting partial payments the contractor shall submit the following certification with each invoice submission. This certification shall be attached in the Invoice Processing Platform (IPP) at www.ipp.gov:

CONTRACTOR CERTIFICATION

(FAR 52.232-5 Payments under Fixed-Price Construction Contracts)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Signature / Printed Name)

(Title)

(Date)

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: ______________"

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G-4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website is: www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fms.treas.gov or via telephone:

(866) 973-3131.

(b) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed-Price Construction Contracts).

RFP No. AG-05M6-S-15-0048 DECOMMISSIONING OF FSRs 6067, 6410 AND 6412 (PHASE 4) Page 13 of 161 http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

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. The preconstruction meeting will be held in the Skykomish Ranger District office in Skykomish, WA.

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.

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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.). Erosion control materials shall be on site at all times and in place when wet weather is expected.

(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.

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(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.

(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 (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 prior to moving each piece of equipment onto National

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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-9 PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's general 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 when conditions are not favorable for project work to continue (i.e. Winter Shutdown). For any work stoppage there will be no additional mobilization costs.

Elevation of this project: Project ranges from 1000’ (FSR 6410) - 2500’ (FSR 6067)

Transportation facilities: Roads are accessible via State Highway Route 2 (asphalt surface). Forest Service roads to the project site are both double lane paved (Maintenance Level 3 FSR 64 County Segment), and single lane gravel (Maintenance Level 2 FSR 6067). FSR 64 is a County road from MP

0.0 to 3.2, and FSR 6410 is a County road from MP 0.0 to 3.7. Roads range from passenger vehicle to 2 x 4 high clearance accessibility. The project roads are not drivable.

Other Physical Data: FSR 6410 project road is narrow (ranges from 12’ to 16’ width) and has cobble sections of roadway surface. This project road is adjacent to a tributary of the Miller River. Due to the narrowness of the road, it is advised that equipment width be no wider than 10’ wide. The project roads are not currently drivable.

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:

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GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Fish-bearing Waters

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

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

Timing

1. Freshwater hydraulic projects conducted under Appendix A in fish-bearing streams or in tributary streams within ¼ mile of fish-bearing streams will be implemented only during the work periods outlined in Appendix D unless the Forest Service fisheries biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat.

The location of the project within a watershed, site-specific conditions, circumstances, nature of the proposed work, and fish species and life stages actually present at the project site may make alternative 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.

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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.

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

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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.

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.

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

Invasive Species Control

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

Other

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

SPECIFIC PROJECT PROVISIONS

Bank Protection

NOTE: Bank protection projects include, but are not limited to: installation and maintenance of riprap, groins, bank barbs, and large wood to protect 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.

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

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

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

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

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

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

Permanent Bridge Installation and Replacement

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

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.

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

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

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

9. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

Permanent Culvert, Bridge, and Ford Removal

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

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.

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