Amendment1_Attachment_J9_SiteVisitNotes.docx

Solicitation: 12363N21R4001 Amendment 1 5/19/2021 Attachment J-9 Site Visit Notes Crooked River Valley Rehabilitation – Phase 4

Prepared by Karen Ruklic

Government Representatives:

Karen Ruklic, USFS Contracting Officer Jenifer Harris, Nez Perce Tribe Watershed Division Project Inspector Jarrod Crow, Nez Perce Tribe Watershed Division Project Inspector

Industry Attendees:

Glacier Excavating Eureka, MT

Owbow Earthworks Blackfoot, ID

AWS Excavating Grangeville, ID

Quality Contractors Deary, ID

Attendees met at the Crooked River Bridge on 5/12/2021 at 10:00 AM. Contracting Officer started the meeting by reviewing the following solicitation information, requirements, clauses and provisions:

· CO noted that following approval of a deviation whereby stamps and seals are not required, fully executed bid bonds can be scanned and submitted rest of the offer documents in electronic form.

From SF-1442 page 1: **ALL OFFER DOCUMENTS, INCLUDING A SCANNED COPY OF THE FULLY EXECUTED BID BOND, SHALL BE SUBMITTED ELECTRONICALLY TO KAREN RUKLIC AT karen.ruklic@usda.gov AND RECEIVED BY TUESDAY, JUNE 1, 2021 AT 4:00 PST. SEE SECTION L FOR DETAILS.

· CO highlighted Item A7 which is the only item to by measured by Design Quantity. Variation in estimated Quantities clause applies. It is in the solicitation by reference but provided in full text here. Please note that if an adjustment is warranted due to a variation of more than 15%, the adjustment will only apply to the quantity of overrun or underrun above or below the 15%. For the quantity within this range, the estimated quantity of 37,420 CY X the unit price awarded shall be paid.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

· B-3 OPTIONAL ITEM: The Government may require performance of work within the numbered line item, identified in the Schedule as an Optional Item, in the quantity and at the price stated in the Schedule of Items. Government reserves the unilateral right to award/exercise the optional item by written notice to the Contractor no later than August 15, 2021. If awarded, performance of optional item shall follow the period of performance outlined in Section F-2, no additional contract time shall be granted. Award of the optional item is contingent on availability of funds and what is in the best interest of the Government.

· B-4 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID20210051, dated 01/01/2021: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (AUG 2018) and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $28.60 per hour rate with $15.20 fringe benefits (conformed June 10, 2020 for Idaho County).

· B-7 Additional Wage Classification Required. No excavator operator rate is included in the wage decision applicable to this project. A rate shall be conformed after award. Most recently conformed rate was $28.04/hour with $15.20 fringe (DOL approval in 11/08/2018).

· B-5 - IDAHO USE TAX - Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding the assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491. See Section B-2 for a complete description of the GFP to be provided under this contract. Please note that the total purchase price of the plants supplied by the Government is $62,635.

**CO stressed that the State will seek payment of this tax so make sure to factor this cost into the offer price.

· CO reviewed the basic Objectives and Background of Project - see C-1 (a). The Crooked River Valley Rehabilitation is being performed in conjunction with the Nez Perce Tribe and the Bonneville Power Administration in order to restore fish habitat. This year, the new channel that was constructed during the previous two phases will be activated. The government cannot stress enough the importance of watering the new channel over a long period and mitigating for turbidity during this period as well as during all contract activities.

Based on our experiences during previous phases, turbidity will affect the active channel of Crooked River through groundwater/surface water connections that the contractor will need to be prepared to control. A Stormwater Pollution and Prevention plan is required which will require quick mitigation be taken when spikes in turbity occur. The organic materials tend to suspend and don’t settle out quickly. The contractor shall be expected to have a full complement of erosion control materials on site, prior to breaking ground, to be prepared to control and mitigate spikes in turbidity caused by project activities and in response to environmental conditions such as thunderstorms. No erosion control materials are available for purchase in the Elk City area so when needs arise, lengthy trips are required.

Part of the government’s reason for the emphasis on turbidity management stems from the fact that suction dredge operations on the South Fork Clearwater River coincide with our contract’s performance window. The public users are held to turbidity standards and get upset if government site remediation activities cause excessive turbidity.

· CO reviewed the last paragraph within Section C-1(c) on page 7. Please note that red language was added via or struck via Amendment 1.

Construction shall occur between July 10, 2021, and October 10, 2021, with no instream work occurring before July 15 and after August 15. Prior to the instream work window, the contractor may access the north end work area directly from the 233 road to begin preliminarily there. Up to 10 equipment stream crossings adjacent to the bridge are permitted in order to prepare for dewatering. The contractor shall work with the USFS and Tribe during fish salvage operations, dropping water levels in the pools, and watering the new channel slowly, to keep turbidity below 50 NTUs. While other tasks may be completed concurrently, Contractors shall allow for 5 days in their schedules for fish salvage coordination with the Government. Fish salvage will commence after July 15. No instream work shall occur before fish salvage is complete. Watering of the new channel shall occur slowly over at least 3 days. If accessing the north end of the project area via the 233 road, the adjacent preservation area shall not be disturbed. Planting shall not begin prior to September 15.

· CO Stressed this contract requirement on page 9: It is the contractor’s responsibility to coordinate the pickup and delivery of the planting stock to the site of work from the nursery. See Section B 200 in the Technical Specifications for Contractor requirements. The contractor shall provide appropriate transport and on-site storage and care of the planting material in a manner which will ensure their health and vitality prior to planting.

· The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. See H-1.

· CO brought attention to the following section of clause H-3 on page 18. CO noted while at the project site that Idaho County has objected to excavators walking on Road 233. Native surface/shoulder is too fragile, and road is too narrow.

(c) Transportation Facilities. Access from Grangeville is Mount Idaho Grade to State Highway 14 for approximately 29 miles to Crooked River Road 233. The project area is adjacent to County Road 233 from approximate Mile 0.25 to Mile 2.25. State Highway 14 is a two lane, asphalt highway with shoulders and regular turnouts. Crooked River Road 233 is a lane and a half, gravel road without shoulders or turnouts. It is the Contractor’s responsibility to coordinate with appropriate State and County offices to ensure that load limit restrictions are met and/or proper permits are obtained.

Road 233 is an Idaho County maintained road. The Contractor shall observe and follow all County regulations pertaining to haul on this road and obtain all necessary permits. Vehicles must be “highway legal” to travel on Idaho County roads without an approved permit. No material hauling shall occur on Road 233.

· CO highlighted requirement for Fish-Friendly Hydraulic Fluids, see page 20.

In accordance with Technical Specification 01505, Mobilization and Demobilization, Section General, Note 4, equipment that will be used in live water shall utilize hydraulic fluid that is non-toxic to salmonids.

· CO highlighted the requirement to make accelerated payment to small business subcontractors (i.e. planting crew if this work is subcontracted).

I-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

· Government stressed submittal of complete technical proposals that follow the instructions and supply all the information requested in the following provisions: Addenda to FAR clause 52.215-1, paragraph c (started on page 47) and M-1 EVALUATION CRITERIA (starts on page 53).

Don’t reiterate the specifications. Make sure the client contact information required for reference checks is current and that the key employees are identified for the past work performed. Past performance questionaires may be submitted (form supplied as an attachment to the solicitation) but this is not required. The government requires complete information regarding the technical approach for how/when all the significant work items (see Schedule of Items) will be performed. Be sure to respond to all bulleted items. The government is very interested in knowing who will be on site and who will be operating the equipment; we have seen the difference that a high quality operator can make in the quality of the final product. A different operator may not be substituted without similar or higher qualifications than the operator proposed and not without government approval. The government stressed experience “performing stream rehabilitation projects that required construction and activation of new river channels, installation of instream habitat structures, floodplain construction, planting, water and turbidity management, construction survey and staking and vegetation salvage”.

CO also highlighted that the project is also funded with Stewardship receipts. Goals of the Stewardship Statute include watershed restoration and stimulating the local economy. This links to the requirement within the Technical Approach to provide the following information. Identify how you intend to utilize labor, subcontractors, and other workforce from the local area. Describe how and to what degree materials, supplies, lodging, meals, or incidentals shall be purchased within the local community. CO noted that this criteria was just one part of the Technical Approach and was not heavily weighted in importance.

**The technical factors, when combined, are significantly more important than price in the award decision.

Meeting was turned over to Jenifer Harris, project lead for the Nez Perce Tribe.

· Jenifer Harris stressed that the primary goal of the project is fish recovery, specifically salmon, chinook and native fish species. Two key projects constraints – we can’t adversly affect Road 233 or the US Fish and Game weir downstream from the project. Under previous phases, the bypass channel was constructed and then the active channel was moved in order to allow for construction of the new channel, floodplain and habitat features largely in the dry. We are now decommissioning the bypass channel and moving the river into the newly built channel. Construction of a riffle section at the downstream end of the project area is of critical importance to ensure that our channel doesn’t head cut. Dewatering this section of the channel is very important.

GPS machine controls are not required for the project but area highly recommended. Stakes shall be placed as specified in A3 Survey and Staking on page 8 and Section 01400 within the Technical Specifications. The government will provide survey control and grading surfaces for equipment with GPS machine control as stated in the specifications. No professional surveyor is required. The Government incorrectly stated that the 3 third survey control point (in the middle of the project area) was no longer in place; this is incorrect, this control point was located to a position above Road 233 during phase 2. The other control points are shown on the plans.

· Turbidity is a huge issue, need to stay under 50 NTUs. The Government will monitor turbidity with its own equipment on-site; the contractor will have access to the equipment for viewing.

· De-fishing operations shall be conducted by the government via the Nez Perce Tribe prior to moving the active channel out of the bypass. The government is very experienced performing this work but it takes a large group of people and this makes good communication critical. Due to the notice required to pull together such a large group, the contractor should plan to stick closely to the date proposed in its technical proposal for watering the new channel. Allow for 5 days for this operation.

Group caravaned to project site and hiked across the project area just upstream from the Preservation Area to view the area of tailings to be relocated and view the location for new riffle a nd large wood structure construction as well as the connection between the newly constructed channel and Crooked River. Jenifer Harris provided the following project details.

· Preservation area was left for to retain a piece of the historic dredge mining effect. This was an important part of the NEPA and care must be taken to leave this area untouched/undamaged.

· We discussed using the ponds at the lower end to reroute the river channel. Fish have been salvaged from these and work can occur in that area prior to July 15 so long as no work occurs in the channel. The contractor may choose to divert the river into one of the ponds or use coffer dams for work area isolation for the riffle or large wood jam work. We will plan to hold the awarded contractor fairly close to the work schedule for area isolation or fish salvage due to the coordination aspect on our end.

· The trees will be salvaged from the lower 4 acres of floodplain treatment. If existing ground planned for cut/fill is within +/- 1 foot of the planned elevation, trees and vegetation there may be left standing. See Amendment 1.

· Boulders that currently armor the connection between the new channel and Crooked River may be buried behind the logs in the new structure.

· An area closure will be in place. If tourists enter the construction site, the contractor shall inform the individual(s) that the area is closed and seek assistance from the COR/Red River Ranger District if it becomes an issue.

Group drove to a location in the middle of the project area overlooking the bypass channel and newly constructed floodplain.

· A Drawing Addendum was prepared to address an anticipated shortage of material for the floodplain construction that will occur where the bypass currently runs. Large swales will be field fit in locations where the new channel flows through the side of the valley from Road 233. Contractor will be expected to coordinate closely with the project COR and inspectors as to placement and size. Material will also be hauled from the upper stockpile side and from the lower 4 acres of floodplain construction. One goal is to keep Crooked River from undercutting Road 233 by creating higher terraces adjacent to the road. Another goal is to create low floodplain adjacent to the new channel so that the river will inundate the floodplain at higher flows. Original designs were not stamped to allow for changes based on dynamic river conditions. No rock was used in the design to allow for the river to shift position.

· No material will be imported from outside the project area for floodplain construction. We will use the stockpiled tailings, vegetative fill (soil) and woody debris on site.

· Operations need to be executed in a careful manner to protect the vegetation newly planted adjacent to the levee road.

Group drove to a location on Road 233 adjacent to the tailings stockpile site.

· Viewed the bridge. Boulders there can be buried or placed across the floodplain. Eco-blocks (and there are a lot of them) become the property of the contractor and must be hauled off site. Contractor shall provide equipment to off-load the bridge at the Government wareyard in Grangeville, ID. Bridge plans were provided. Ensure that adequate equipment is supplied to remove the bridge pieces safely.

· Viewed area to be treated if Optional Item is exercised. Goal here is to keep the river from moving too close the Road 233. A naturally occurring log jam just upstream from the project area has pushed the river into this area at high flows. The Government is motivated to exercise this optional item but it will depend on the prices offered.

· Viewed the location at which the active channel will be moved into the newly constructed channel and reviewed the Addendum which shows a modified alignment.

Group drove to the staging area adjacent to the vegetative fill (soil) stockpile.

· It is the Government’s intent to burn the pallets currently located in front of the stockpile. This location where plants were delivered in the past. There is plenty of space here for semi-truck access. One of the survey points is here, another is near the Fish and Game weir.

· Campground 4, located just north of the stockpile site is a good location for camping. District permit to exceed 14 day stay limit required. COR will facilitate securing permit if necessary. Limited hotel accommodations. Jenifer Harris can provide recommendations for the sites that friendly to government contractors. Limited services in the local area. However, the grocery store is good.

· Metal scrap viewed needs to be hauled off by the contractor; however, at this time, it looks like a private individual had moved the material from its original resting place.

· Design Sheets 4.1 and 5.1 will be modified slightly. See Amendment 1.

· Stressed the importance of planting and having a good planting plan that factored in ample watering. Lots of money has been expended to grow and purchase large planting stock.