2022 0401 site maintenance minor construction SOW rev.pdf

SITE MAINTENANCE AND MINOR CONSTRUCTION

Arizona and New Mexico Sites

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 – PROJECT DESCRIPTION and LOCATION

Description of Work. The Contractor shall furnish all labor, materials, equipment, and supervision for site maintenance and minor construction of project areas within the Coronado National Forest in Arizona, and Santa Fe National Forest and Cibola National Forest in New Mexico. This project consists of construction activities associated with seeding and erosion control efforts to ensure the stability and longevity of environmental remediation activities performed in 2020 at these sites, and minor construction of parking areas, and sign construction and installation. Activities onsite will include soil decompaction, hydromulching, hand seeding, mulching, and recontouring of unstable slopes, and site grading, furnishing and placing crushed aggregate, furnishing and installing gate with object markers, furnishing and installing corrugated steel pipe, installing boulders, and removing pipe

Project Location.

New Mexico Sites:

• The Nacimiento Mine is located on the Cuba Ranger District of the Santa Fe National Forest, in Sandoval County, New Mexico. It is located approximately 5 miles southeast of Cuba, New Mexico, adjacent to State Highway 126.

• Cobb Mill is located within the Magdalena Ranger District of the Cibola National Forest, in Socorro County, New Mexico. The site is approximately 3.5 air miles southeast of Magdalena in Township 3 South, Range 4 West at an elevation of 7,050 feet above sea level.

Arizona Sites:

There are six distinct project areas in Arizona: Marstellar Mine Site, Endless Chain Mine Area (includes both the Lower Area and the Mine Area Repository), Endless Chain Consolidation Cell, Morning Glory Consolidation Cell, Three R Mine Area (includes both the Borrow Area and Mine Area) and the Flux Mine. These sites are all located with the Sierra Vista Ranger District of the Coronado National Forest, in Santa Cruz County, south of Patagonia, Arizona. A high clearance, four-wheel drive capable vehicle is recommended to access each site.

• Marstellar Mine can be accessed from decommissioned NFSR 5553.

• Endless Chain Mine Area can be accessed from NFSR 4698.

• Endless Chain Consolidation Cell and Morning Glory Consolidation Cell can be accessed from Guajolote Flat Road which leads to a spur route, NFSR4695A, which terminates in a range clearing. A utility terrain vehicle (UTV) or similar is recommended to access the Morning Glory Consolidation Cell.

• Three R Mine can be access from NFSR 215.

• Flux Mine can be accessed from NFSR 812.

Period of Performance. The scope of work for Arizona sites will be performed as close to southern Arizona’s monsoon season as possible. Seed work (hand seed and hydroseed) should only occur between June 15th and August 30th. This timeframe is during Mexican Spotted Owl and Yellow Billed Cuckoo breeding season; hours of operation, equipment size, and noise control will be complied with to minimize disturbance to endangered species.

The scope of work for New Mexico sites will be performed after October 1.

In addition, the contractor shall comply with the following requirements:

(1) Hours of operation: sunrise to sunset;

(2) Noise: The use of horns and Jake brakes shall be avoided to the extent practicable.

Submittals. The following list of submittals will be required for this project. This list is not considered to be all inclusive and additional submittals may be requested by the USDA Forest Service.

Work Plan: The Contractor shall submit a Work Plan which includes the Erosion Control Plan and Site Health and Safety Plan.

Site Health and Safety Plan: The Contractor shall submit and comply with a site-specific Health and Safety Plan.

Certifications: The Contractor shall furnish samples and/or certifications as described in the Specifications. The items requiring certification include, but are not limited to: re-vegetation seed mixtures, and weed free certifications for erosion control materials.

Fire Plan. The Contractor shall submit a Fire Plan to outline measures to comply with fire restrictions, if applicable, on the National Forest. The COR shall provide any fire restrictions that may be in effect during construction.

Erosion Control Plan: The Contractor shall submit an Erosion Control Plan to identify the locations of erosion control measures such as the straw wattles.

Restoration by the Contractor. All areas disturbed by the Contractor’s operation such as, but not limited to, temporary access roads, staging areas, temporary haul roads, loading operations, and disposal operations shall be restored by grading and seeding. During the course of the work the Contractor shall periodically, or as directed by the COR, repair disturbed areas, remove and dispose of all surplus construction materials and debris and keep the project area reasonably clean. Upon completion of the work, the Contractor shall remove temporary construction facilities, debris, and unused materials, leaving the project site in a neat and clean condition. All debris shall be disposed off-site in a state-licensed waste management facility.

Control of Work. When required for execution of the work, the Contractor shall establish local survey points for locating the principal components of work. The Contractor shall stake or flag clearing limits, staging areas, and all other features of the work and receive approval from the Forest Service’s COR or Project Inspector before proceeding with the work on these items.

Staking and surveying by the Contractor is considered incidental to other work items and no separate measurement or payment for this item will be made.

The Scope of Work consist of two sections. The New Mexico Sites consists of Part A-Part C. The Arizona Sites of Parts D-I.

I. NEW MEXICO SITES

Part A Nacimiento Mine

Scope of Work

This work is to restore the abandoned Nacimiento Mine to productive recreation use by constructing a crushed aggregate parking area and reconstructing former mine roads into hiking trails. Abandoned above-ground steel pipe will also be removed and disposed of.

Work consists of grading, furnishing and placing crushed aggregate, furnishing and installing gate with object markers, furnishing and installing corrugated steel pipe, installing boulders, and removing pipe in accordance with plans and specifications.

Pay Item 1 Mobilization

Work-This work consists of moving personnel, equipment, material, and incidentals to the project and performing work necessary before beginning work at the project site. This work also includes obtaining permits, insurance, and bonds.

Measurement and Payment-The accepted quantity will be paid for as a lump sum at the contract price.

Pay Item 2 Road Crushed Aggregate

Work-This work consists of furnishing and placing crushed aggregate at rutted areas along the existing roadway and construction of a visitor parking area adjacent to the wastewater treatment plant. Work also includes grading roadway and parking area to a smooth surface prior to placing gravel. Compaction shall be done by tracking equipment over the full width of the crushed aggregate.

Material-Crushed aggregate shall conform to all requirements of the New Mexico Department of Transportation for base course for roads.

Roadway-Grade approximately 0.65 miles of existing gravel road to smooth surface. Furnish, place and compact 45 cubic yards of crushed aggregate at rutted locations designated by Forest Service On-Scene Coordinator (OSC) and blend to match adjacent roadway.

Parking Area-Widen existing roadway at location staked by OSC to provide visitor parking.

Grade existing ground to a smooth surface. Furnish, place and compact 195 cubic yards of crushed aggregate as shown on the DRAWINGS to a minimum thickness of 6” and blend to match existing roadway.

Measurement and Payment-Measurement will be by the cubic yard as measured loose in the hauling vehicle. The accepted quantity will be paid at the contract unit price for each cubic yard furnished and placed.

Pay Item 3 Trail Crushed Aggregate

Work-This work consists of grading old mining roads and benches as well as furnishing and placing crushed aggregate to convert them into hiking trails. Compaction shall be done by tracking equipment over the full width of the crushed aggregate.

Material-Gravel shall conform to all requirements of the New Mexico Department of Transportation for base course for roads.

Trails- Grade approximately 0.55 miles of trail to a smooth surface with positive drainage before placing gravel. Trail location will be staked by the OSC with wire flags at 50-foot intervals. Clearing is minimal with a few sagebrush that shall be scattered off the sides of trail.

Excavation is minor except for two sections approximately 150 feet in total length that require about 90 cubic yards of excavation. Equipment used on trails shall be a maximum of 6 feet wide to fit existing trail width and avoid over building. A compact track loader is suggested.

Gravel stockpiles shall be placed on existing roadway where the trail crosses and end of road which is where the trail ends to facilitate the work and minimize environmental impact.

Average haul distance from stockpiles to trail placement is 275 feet. Furnish, place and compact 270 cubic yards of gravel to a width between 5 to 6 feet and an average thickness of 4 inches.

Measurement and Payment-Measurement will be by the cubic yard as measured loose in the hauling vehicle. The accepted quantity will be paid at the contract unit price for each cubic yard furnished and placed.

Pay Item 4 Corrugated Steel Pipe

Work-This work consists of furnishing and installing corrugated steel pipe under hiking trails.

Material-Corrugated Steel Pipe shall conform to all requirements of the New Mexico Department of Transportation for Corrugated Metal Pipe (Steel). Thickness shall be a minimum of 0.064 inches (16 gauge).

Installation- Prepare subgrade to a smooth surface free of rocks and other unsuitable material.

Flow line of culvert shall be a minimum of 18 inches below top of trail surface. Deepen existing ditches as necessary for up to 10 feet upstream and downstream to ensure positive drainage. Remove all rocks from within one foot of culvert and compact backfill using native soil.

Measurement and Payment-Measurement will be by the liner foot as measured along the centerline of the pipe. The accepted quantity will be paid at the contract unit price for each linear foot furnished and installed.

Pay Item 5 Gate Installation

Work-The work includes furnishing and installation of a new road gate along with gate posts and associated signage. The work also includes adding two gate posts and associated signage to an existing gate.

Materials

New gate shall be a 16-foot-long Behlen Country heavy duty Model Number 40120162 or approved equal. Gate is furnished with two hinges, two bolt hooks, and painted green.

Gate posts shall be 4-inch diameter round steel tubing 8 feet in length with a minimum thickness of 0.25 inches. Five gate posts are required. Gate posts shall be primed and painted green.

Signs shall meet all requirements of the Manual on Uniform Traffic Control Devices.

Signs include Type 2 Object Markers that shall be 6 inches by 12 inches in dimension.

Ten Type 2 Object Markers are required. Signs also include Type 4-3 Object Markers that shall be 18 inches by 18 inches in dimension. Two Type 4-3 Object Markers are required. Sign mounting hardware shall be galvanized or stainless steel and a minimum of 3/8-inch diameter.

Installation-Bottom of gate shall be set approximately 6 inches above road surface. Bottom of posts shall be set 36” below ground level in a 30” diameter hole that is backfilled with concrete.

Insert two bolts a minimum of 8 inches long by ½ inch in diameter into post at 12 inches and 24 inches below grade to increase adhesion of concrete. Posts shall be set plumb and at the proper distance for operation. Insert hook bolts into gate post per gate manufacturer’s directions.

Install 3 gate posts for the new gate-two for the gate and one for the lock open position. Install new gate so swing is away from parking lot and all components are plumb and level. Install two gate posts for the existing entrance gate for the lock open position. Install ten Type 2 Object Markers on gateposts and two Type 4-3 Object Markers on new gate.

Measurement and Payment The accepted quantity will be paid for as a lump sum at the contract price.

Pay Item 6 Boulders

Work-The work includes sorting and moving boulders from boulder stockpile area and installing them at locations shown on DRAWINGS.

Material-Boulders shall be a minimum of ½ cubic yard in size and a minimum dimension of 24 inches in any dimension. Select boulders from boulder stockpile area at old borrow pit located 900 feet north of parking area and directly adjacent to existing road.

Installation-Install boulders at locations shown on DRAWINGS and staked by the OSC.

Boulders shall be partially buried 3 to 6 inches into the ground.

Measurement and Payment-The accepted quantity will be paid for at the contract unit price for each boulder installed.

Pay Item 7 Pipe Removal

Work-The work includes removing and disposing of abandoned above ground bituminous coated steel pipe.

Material-Existing steel pipe consists of three old waterlines of 8-inch and 10-inch diameter steel pipe. The steel pipe is wrapped with a grey fabric that was covered with bituminous material but much of the bituminous material has peeled off. It is unknown whether asbestos is present.

Removal-Pipe to be removed runs up a steep hillside, but bottom of pipe is adjacent to existing road. Cut up pipe in compliance with notification requirements under NESHAP into easily transportable lengths and haul to disposal area. Only remove pipe that is above ground or has less than 6 inches of cover over top of pipe. Pipe may be disposed by burying in the planned South Ore Pile Repository (on-site) or at an approved off-site landfill or recycling facility. Pipe disposed of at the South Ore Pile Repository shall be disposed of by digging a hole at a location staked by the OSC, laying the pipe in a single layer, and covering the pipe with a minimum of 3 feet of earth.

Measurement and Payment-The accepted quantity will be paid for at the contract unit price for each liner foot of pipe removed.

Part B Nacimiento Mine Additive Items

Additive Items may not be awarded depending on availability of government funding.

Additive Pay Item 8 Check Dam Riprap

Work-The work includes furnishing and installation of fabric mat and rock riprap to construct four check dams on an eroding ditch.

Material

Fabric mat shall be a non-woven geotextile designed to be placed under riprap with a minimum weight of 4 ounces per square yard. Approximately 80 square yards of filter fabric are required to construct four check dams.

Riprap Stone shall be sound rock (no concrete) meeting the requirements of the New Mexico Department of Transportation for Type M Riprap (6 inches-24 inches) or approved equal.

Installation- Install check dam at location staked by OSC. Smooth bottom and sides of ditch prior to placing filter fabric. Place boulder (paid for under Pay Item 9) at center of check dam and place stone riprap around boulder as shown on the DRAWINGs. Trim and dispose of any excess filter fabric.

Measurement and Payment-Measurement will be by the cubic yard as measured loose in the hauling vehicle. No separate payment will be made for filter fabric The accepted quantity will be paid at the contract unit price for each cubic yard furnished and placed.

Additive Pay Item 9 Check Dam Boulders

Work-The work includes sorting and moving boulders from boulder stockpile area and installing them at the center of the check dam as shown on DRAWINGS.

Material-Boulders shall be a minimum of ½ cubic yard in size and a minimum dimension of 24 inches in any dimension. Select boulders from boulder stockpile area at old borrow pit located 900 feet north of parking area and directly adjacent to existing road.

Installation-Install boulders at center of check dams after installation of filter fabric and before placing smaller riprap. Position boulders with the widest dimension perpendicular to flow.

Measurement and Payment-The accepted quantity will be paid for at the contract unit price for each boulder installed.

Additive Pay Item 10 Project Signs

Work-The work includes furnishing and installation of two project signs including frames and base supports.

Material

Sign panels shall be Gel Coat Laminate as manufactured by Pannier Graphics or approved equal. Sign panels shall be 24 inches high by 36 inches wide and 1/8 inch thick. Artwork for the panels has already been designed by the Forest Service and will be supplied to contractor in pdf digital format upon request.

Sign base and frames shall be constructed of high strength aluminum in low profile cantilever style as manufactured by Pannier Graphics or approved equal. Base shall be designed for embedment a minimum of 24 inches into ground and color shall be NPS brown. Base and frames shall fit the 24-inch by 36-inch sign panels.

Installation- Install project signs at locations along trail staked by OSC. Bottom of signposts shall be set a minimum of 24 inches below ground level in an 18-inch diameter hole that is backfilled with concrete to 2 inches below ground surface. Posts shall be set plumb with sign panels, base, and frame assembled in accordance with manufacturer’s directions. Bottom of sign shall be set approximately 30 inches above ground surface.

Measurement and Payment- The accepted quantity will be paid for at the contract unit price for each project sign installed.

Additive Pay Item 11 Trail Signs

Work-The work includes furnishing and installation of five oak trail signs with wood posts.

Material

Trail signs shall be oak with one-inch-high scorched letters as manufactured by P& M signs of Mountainair, New Mexico, or Wood Product Signs of Parlin, Colorado or approved equal in accordance with Forest Service Specifications for Trail Signs. Signs are standard Forest Service TD1 signs. Signs shall have the following messages:

Sign Message 1 ( ↑ LAKESHORE TR ) two signs required

Sign Message 2 ( ↑ LAKE RIM TR ) two signs required

Sign Message 3 ( NACIMIENTO LAKE ) one sign required

Wood posts shall be nominal 4 inch by 4 inch by 8-foot wood posts pressure treated with preservative for ground contact. Five wood posts are required.

Sign mounting hardware shall be galvanized or stainless steel 3/8-inch diameter by 4-inch-long lag bolts. Ten lag bolts are required.

Installation-Install trail signs at locations along trail staked by OSC. Bottom of wood posts shall be set a minimum of 30 inches below ground level and backfilled with compacted native soil. Posts shall be set plumb with bottom of sign shall be set approximately 60 inches above ground surface. Predrill bolt hole and secure sign to post using two 3/8-inch diameter by 4-inch-long lag bolts.

Measurement and Payment- The accepted quantity will be paid for at the contract unit price for each trail sign installed.

Part C Cobb Mill

Scope of Work

This work is to plug an abandoned water well with grout in accordance with specifications and minor barbed wire fence repair.

Pay Item 12 Mobilization

Work-This work consists of moving personnel, equipment, material, and incidentals to the project and performing work necessary before beginning work at the project site. This work also includes obtaining permits, insurance, and bonds.

Measurement and Payment-The accepted quantity will be paid for as a lump sum at the contract price.

Pay Item 13 Well Plugging

Work-This work includes plugging one 7-inch internal diameter abandoned water well.

Material-Sealant shall conform to all requirements of the New Mexico Office of State Engineer for well plugging.

Plugging Plan

Contractor will prepare an “Abandonment and Plugging Plan” and obtain approval from the New Mexico Office of State Engineer (OSE) prior to well plugging. This plan will include well construction details for the wells and associated volumes of grout necessary for well plugging. The existing well has no known contamination. The existing well has 7-inch diameter steel casing and appears to be at least 30 feet deep and likely much deeper. This information will be used to predict the anticipated grout volumes to be included in the “Abandonment and Plugging Plan.” Suggested plugging plan is to use clean fill material to a nominal 30 feet below ground surface, then placing an OSE approved sealant to within four feet of surface. Casing shall be cut off at four feet below surface, then an additional two vertical feet of sealant used to fill the open hole, followed by two feet of clean dirt. Following OSE approval of the plan, contractor will schedule the plugging activities and prepare for mobilization to the site.

Well Plugging

All well plugging will be conducted by a New Mexico-licensed well driller. The well shall be plugged completely using the following method per New Mexico Rules and Regulations Governing Well Driller Licensing, Construction, Repair and Plugging of Wells; 19.27.4.30.C unless an alternative plugging method is approved by the OSE. All pumping appurtenances shall be removed from the well prior to plugging. Prior to plugging, the well will be inspected, and the total depth of the well will be measured using a weighted tape measure if no major obstructions are present.

To plug a well, the entire well shall be filled from the bottom upwards to ground surface using a tremie pipe. The bottom of the tremie shall remain submerged in the sealant throughout the entire sealing process; other placement methods may be acceptable and approved by the state engineer. The well shall be plugged with an office of the state engineer approved sealant for use in the plugging of non-artesian wells.

The well driller shall cut the casing off at least four feet below ground surface and fill the open hole with at least two vertical feet of approved sealant. The driller must fill or cover any open annulus with sealant. Once the sealant has cured, the well driller shall cover the seal with soil.

A plugging record for the well shall be filed with the Office of the State Engineer in a District Office within 30 days of completion of the plugging. A copy of the plugging record shall be furnished to the Forest Service On-Scene-Coordinator.

Measurement and Payment-The accepted quantity will be paid for as a lump sum at the contract price.

Item 14 Barbed Wire Fencing

Work-The work includes letting down and putting back up a 25-foot segment of the existing barbed wire fence to allow access for well plugging equipment. Work also includes repairing a nearby 75-foot segment of fence by installing two new T-fence posts, replacing missing wire, and tensioning adjacent wire.

Material

Line posts shall meet the requirements of ASTMA702 for T-posts and shall be painted green. T-posts shall be 6 feet in length.

Wire shall meet the requirements of ASTM A-121 and be 12-1/2 gauge.

Installation-T Posts shall be embedded a minimum of 30 inches into ground. Every strand of wire shall be tied to each post in accordance with standard practice. Strand spacing shall match existing fence.

Measurement and Payment-Measurement will be by the liner foot as measured along the centerline of the fence. The accepted quantity will be paid at the contract unit price for each linear foot furnished and installed.

II. ARIZONA SITES

C - 2 – GOVERNMENT FURNISHED PROPERTY

There will be no government furnished property for this project. The Forest Service will furnish personnel to monitor activity associated with the Mexican Spotted Owl population. Personnel will be on-site during construction activities as directed by the Forest Service. The COR shall inform the contractor of any requirements.

C - 3 - STANDARD PROJECT SPECIFICATIONS

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects”, Publication No. FHWA-FLH-14-001” (FP-14 customary units) is included in this contract by reference. The requirements contained in these Specifications are hereby made a part of this contract. Copies of the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” are available from the SUPERINTENDENT OF DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, internet: bookstore.gpo.gov, phone: toll free (866) 512-1800. The stock number to order is ISBN-0-16-051430-4. Call (202) 512-1800 for the current price and to place telephone orders.

C - 4 - SUPPLEMENTAL SPECIFICATIONS

Supplemental Specifications are applicable to the following items and are included in their entirety in this section. Within these Supplemental Specifications, standard specifications are referenced. This reference is not intended to exclude other sections of the standard specifications. All standard specifications not referenced are still applicable.

NUMBER TITLE DATE

SS 101 Terms, Format and Definitions 06/16/06 SS 102 Bid, Award, and Execution of Contract 02/16/05 SS 103 Scope of Work 02/16/05 SS 104 Control of Work 06/16/06 SS 106 Acceptance of Work 03/29/05 SS 107 Legal Relations and Responsibility to the Public 06/16/06 SS 108 Prosecution and Progress 02/16/05 SS 109 Measurement and Payment 06/16/06 SS 151 Mobilization and Bonding 11/15/05 SS 153 Contractor Quality Control 03/30/05 SS 155 Schedules for Construction Contracts 05/11/04 SS 156 Public Traffic Control 05/10/15 SS 157 Soil Erosion Control 04/15/14 SS 204 Embankment 05/10/15 SS 251 Riprap 05/10/15 SS 625 Turf Establishment 05/10/15 SS 713 Roadside Improvement Material 05/10/15

Special Project Specifications (SPS) are applicable to the following items and are included in their entirety in this section.

NUMBER TITLE

SPS 170 Water SPS 719 Construction Report

101 - Terms, Format, and Definitions

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition

Regulations.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or

“design change” as used in the Timber Sale Contract.

COR-- The Contracting Officer’s Representative (COR) responsible for onsite administration of the contract Forest Service--The United States of America, acting through the Forest Service, U.S.

Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Noxious Weeds or Weeds-- Any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction, or as listed on the current ‘All States Noxious Weed List.’

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the

Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Stream course--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Shop Drawings--Incidental design sheets and/or drawings the Contractor is required to submit to the COR. Shop drawings shall conform to the contract requirements, but they are not part of the contract drawings. They may be drawings, diagrams, schedules, performance charts, brochures, and similar data prepared by the Contractor, subcontractor, manufacturer, suppliers, or distributors that illustrate how specific portions of the work are to be fabricated or installed.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

102 BID, AWARD, AND EXECUTION OF CONTRACT

Delete Section 102 in its entirety.

103 - Scope of Work

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

Deletions

Delete Sections 104.01, 104.02, and 104.04.

Add the following subsections:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely. The contractor shall maintain private road crossings in a safe and passable condition during construction activities. Any damage to the roadway or surrounding area caused by the contractor shall be promptly repaired by the contractor.

106 - Acceptance of Work

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is stricter.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to

106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove and replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted, at no cost to the Government.

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method;

(2) Number of samples;

(3) Sample transport;

(4) Test procedures;

(5) Testing laboratories;

(6) Reporting;

(7) Estimated time and costs; and

(8) Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program.

Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol.

If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10 Environmental Protection.

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information.

Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

• Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

• Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

• Exact time and location of spill including a description of the area involved.

• Containment procedures.

• Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

• Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall follow the applicable inadvertent discovery protocols for the undertaking provided in an agreement executed pursuant to section 106 of the National Historic Preservation Act, 54 U.S.C.

306108; if there are no such agreed-upon protocols, the holder shall leave these discoveries intact and in place until consultation has occurred, as informed, if applicable, by any programmatic agreement with tribes. Protective and mitigation measures developed under this clause shall be the responsibility of the holder. However, the holder shall give the authorized officer written notice before implementing these measures and shall coordinate with the authorized officer for proximate and contextual discoveries extending beyond the permit area.

E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT

(NAGPRA). In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the forest archaeologist certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.

108 - Prosecution and Progress

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment

109 Deletions

Delete the following sections

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02 Measurement Terms and Definitions.

Delete Item (b) and replace with the following:

(b) Designed Quantities (DQ). These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design, assumptions, calculations, Drawings, and the presentation in the contract. Changes in the number of units designated in the Schedule of Items may be authorized under any of the following conditions

1. Changes in the work authorized by the CO.

2. A determination by the CO that errors exist in the original design that cause a Pay Item quantity to change by 15% or more.

3. A written request submitted to the CO showing evidence of errors in the original design that cause the quantity of a Pay Item to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is in error.

Delete Item (i) and replace with the following:

(i) Lump Sum Quantity (LSQ). These quantities denote the total amount to be paid to the contractor. Payment installments will not be made, instead, the amount designated in the schedule of items is the amount that will be paid to the contractor at one time.

Add the following definition:

(t) Actual Quantity (AQ). These quantities denote that the amount paid to the contractor is contingent on the amount of an item used (or excavates) during scope of the project. Estimates are based upon design data available, survey information, design assumption and drawings.

However, if the contractor utilizes more or less of an item designated as an Actual Quantity, payment will be adjusted accordingly.

151 – MOBILIZATION AND BONDING

151.01 Mobilization

Description

151.01 This work consists of moving personnel, equipment, material, and incidentals to the project and performing work necessary before beginning work at the project site. This work also includes obtaining permits, insurance, and bonds. Work at all sites is expected to be completed in succession or concurrently, therefore only one mobilization will be paid.

If the contractor elected to camp near the site, the contractor is responsible for arranging a camping site off the project site. The contractor may camp on NFS lands with FS approval. The contractor shall be responsible for keeping the camping area clean and free from all debris and food waste. Contractor will be required to provide sanitary facilities for the camp. No solid waste (trash) will be left on the forest. No security will be provided by the Forest Service at the site. The Contractor is responsible for any items, equipment or property left unattended or overnight at the Site.

Noxious Weed Control Requirements:

Clean all construction equipment prior to entry onto the project area. Remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Only construction equipment so cleaned and inspected by the COR will be allowed to operate within the project area. Treat all subsequent move-ins of construction equipment in the same manner as initial move-ins. “Construction equipment” does not include personal vehicles or support equipment that remains on the main travel route.

To reduce the risk or spread of noxious and invasive weed species, standard equipment inspection and cleaning protocols will be utilized for all work involving off road travel consistent with the following technical guides: Inspection and Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (Bureau of Reclamation Technical Memorandum No. 86-68220-07-05, June 2012), Invasive Plant Prevention Guidelines (Center for Invasive Plant Management, September, 2003), and Preventing the Spread of Invasive Plants: Best Management Practices for Land Managers, 3rd Edition (California Invasive Plant Council, 2012).

Mexican Spotted Owl (MSO) Mitigation Measures:

The Endless Chain Mine Area, Endless Chain Consolidation Cell, and Morning Glory Consolidation Cell are all located within the core area of a known MSO pack. The Marstellar Mine is located on the edge of a known MSO pack. Activities included in this statement of work are planned to be completed during MSO breeding season, therefore special attention shall be paid to minimizing disturbance to prevent adverse effects to the endangered species. All work will be performed during daylight hours. All ground disturbance and vegetation clearing will be restricted to those areas necessary for the purposes of accessing and performing work related to seeding and erosion control. The COR will direct the contractor for execution of work to incorporate mitigation measures for MSO as new information regarding MSO presence is received and analyzed. The Three R Mine Area is not near a known MSO pack; however, these restrictions will still apply as a Best Management Practice.

A field meeting is required with the On-Scene-Coordinator (COR)/PI prior to developing the Work Plan. The Work Plan outlines the plans to complete the project within the contract time and in compliance with the Statement of Work and Specifications. It includes the timeline to complete the project (Gantt chart), including key milestones and activities; and strategies to complete milestones and activities. The Work Plan includes the Erosion Control Plan (ECP) and Health and Safety Plan. The ECP describes the drainage flow pattern during site work and includes efforts to prevent and reduce erosion caused by onsite activities, submit for approval by the COR. The ECP shall be implemented as needed during construction to control and divert the water from the construction site. No work may commence until approval of the Erosion Control Plan has been secured. Include the Erosion Control Plan in the Work Plan. One (1) Work Plan is required for the entire project.

Road Closure Order. A Road Closure Order will be issued by the Forest Supervisor of the Coronado National Forest pursuant to 36 CFR, part 260, to control traffic on roads under Forest Service jurisdiction. The Road Order will be issued prior to commencement of construction.

Specifically, the Road Order will close access to FR 4698 and FR 4695 (Guajolote Flat Rd) as necessary for work to safely occur. FR 49 (Harshaw Road) will not be closed during the project.

The contractor should coordinate with the OSC/PI to ensure Road Orders are issued for the proper days. Work

The Forest Service Road Order closure will restrict public access to certain project areas during construction. If a private landowner requests access, the Contractor shall make arrangements to allow safe passage.

151.02 Measure the Section 151 items listed in the bid schedule according to Subsection 109.02.

Payment

151.03 The accepted quantities will be paid at the contract price per unit of measurement for the

Section 151 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

Progress payments for mobilization lump sum will be paid as follows:

(a) Bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments Under Fixed-Price Construction Contracts, after receipt of the evidence of payment.

(b) When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

(c) When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

(d) Any portion of the mobilization item in excess of 10 percent of the original contract amount will be paid after final acceptance.

153 - Contractor Quality Control

153.07 Records and control charts

Maintain complete testing and inspection records by pay item number and make them accessible to the CO and COR.

155 - Schedules for Construction Contracts

155 Delete.

Delete Section 155 in its entirety.

156 – PUBLIC TRAFFIC

Delete Section 156 in its entirety and replace with the following:

156.01 This work consists of controlling and protecting public traffic adjacent to and within the project.

156.02 Conform to the MUTCD and the following Sections and Subsections:

Permanent Traffic Control 633 Traffic Signing and Marking Material 718 Concrete Barriers and Precast Guardwalls 618 Temporary Plastic Fence 710.11

Construction Requirements

156.03 General. Accommodate traffic according to MUTCD, approved traffic control plan and this section. Perform work in a manner that ensures safety and convenience of the public.

Except for roads with a valid Road Closure Order, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will adequately accommodate traffic. Accommodate public traffic on roads adjacent to and within the project until the project is accepted according to Subsection 106.07(b).

Submit traffic control plan at least 30 days prior to intended use. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan has been approved.

Post construction signs and traffic control devices in conformance with MUTCD and Forest

Service EM 7100-15. All required signs will be in place and approved prior to beginning work on project.

156.04 Temporary Traffic Control. Install and maintain temporary traffic control devices adjacent to and within the project as required by the approved traffic control plan and the MUTCD. Install and maintain traffic control devices as follows:

(a) Furnish and install traffic control devices before the start of construction operations.

(b) All detours outside of clearing limits will be approved in writing by the Contracting Officer Representative (COR) as part of the traffic control plan.

(c) Install only those traffic control devices needed for each stage or phase.

(d) Relocate temporary traffic control devices as necessary.

(e) Remove devices that no longer apply to the existing conditions.

(f) Immediately replace any device that is lost, stolen, destroyed, or inoperative.

(g) Keep temporary traffic control devices clean.

(h) Remove all temporary traffic control devices upon contract completion or when approved.

(i) When required, use flaggers certified by the American Traffic Safety Services Association, the National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags.

Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.

Delete Section…