S160042Attachments.pdf

AG-0343-S-16-0042

Beal Mountain Barren Pond Solids Removal/Beaverhead-Deerlodge NF Attachments, Page 1 of 41

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Wage Rate Requirements (Construction) Statute: If this is a contract in excess of $2,000, the Wage Rate Requirements (Construction) statute requires the Contractor to pay certain minimum wages and benefits to employees working under this contract. These required minimum wages are stated in the attached Wage Decision. Pursuant to Executive Order 13658, the minimum hourly wage rate required to be paid to workers performing on, or in connection with, contracts and subcontracts subject to FAR Subpart 22.19, is at least $10.15 per hour beginning January 1, 2016 , and annually thereafter, an amount determined by the Secretary of Labor. See FAR Subpart 22.19.

The following attachments are a part of this solicitation and any resulting contract.

J- 1 Wage Rate Decision No. MT160076, Mod. 1, dated 04/01/2016, 7 pages.

NOTE: THIS PROJECT IS LOCATED IN ZONE 2.

J- 2 Forest Service FP-03 Supplemental Specifications, 32 pages

NOTE THAT THE SPECIFICATION LIST INCLUDES THE MAJOR SPECIFICATIONS APPLICABLE

TO THIS PROJECT. OTHER SPECIFICATIONS REFERRED TO WITHIN THESE SPECIFICATIONS

(EVEN THOUGH NOT SPECIFICALLY LISTED HEREIN) ARE ALSO FULLY APPLICABLE TO THIS

REQUEST FOR PROPOSAL AND ANY RESULTANT CONTRACT.

Table of Contents Preface 101 Terms, Format, and Definitions 102 Bid, Award, and Execution of Contract 103 Scope of Work 104 Control of Work 105 Control of Materials 106 Acceptance of Work 107 Legal Relations and Responsibility to the Public 108 Prosecution and Progress 109 Measurement and Payment 155 Schedules for Construction Contracts 204 Excavation and Embankment 303 Road Reconditioning 625 Turf Establishment 667 Well Abandonment 713 Roadside Improvement Material 718 Traffic Signing and Marking Material

Attachments, Page 2 of 41

J- 3 Drawings (see separate document)

Cover Sheet and Vicinity Map Sheet 1 Schedule of Items Sheet 2 Site Plan/Well Abandonment Sheet 3 Transportation Route Sheet 4 Fuel Pad Final Grading Plan and Profile Sheet 5

Attachments, Page 3 of 41

Wage Rate Decision No. MT160076, Mod. 1, dated 04/01/2016

General Decision Number: MT160076 04/01/2016 MT76

Superseded General Decision Number: MT20150076

State: Montana

Construction Type: Heavy

Counties: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Meagher, Powell, Silver Bow and Yellowstone National Park Counties in Montana.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 04/01/2016

BRMT0001-004 06/01/2014

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERON, MADISON, POWELL, AND

SILVER BOW COUNTIES

Rates Fringes

BRICKLAYER....................... $ 26.21 12.64

Attachments, Page 4 of 41

BRMT0005-002 06/01/2014

GALLATIN COUNTY

Rates Fringes

BRICKLAYER....................... $ 26.21 12.64

BRMT0006-005 06/01/2014

BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL

PARK COUNTIES

BRICKLAYER....................... $ 26.21 12.64

ELEC0044-003 06/01/2015

Rates Fringes

LINE CONSTRUCTION

(1) Lineman................. $ 42.47 14.61

* ELEC0233-018 01/01/2016

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND

SILVER BOW COUNTIES

ELECTRICIAN...................... $ 28.80 12.94

ELEC0233-020 06/01/2015

BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES

Rates Fringes

ELECTRICIAN...................... $ 29.98 11.60

Attachments, Page 5 of 41

ELEC0322-003 06/01/2012

YELLOWSTONE NATIONAL PARK

Rates Fringes

ELECTRICIAN...................... $ 27.53 10.96

ENGI0400-009 05/01/2013

Rates Fringes

POWER EQUIPMENT OPERATOR:

(Zone 1)

(1) A-frame truck Crane, oiler (except crane)....... $ 23.47 10.40

(2) Crane Oiler, Bulldozer, Roller (Dirt and Grade Compaction)................. $ 23.94 10.40

(3) Mechanic, Scraper....... $ 24.34 10.40

(4) Cranes, 25 tons - 44 tons $ 27.00 11.40

(5) Cranes, 45 tons to and incl. 74 tons............... $ 28.00 11.40

(6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)............... $ 29.00 11.40

(7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)... $ 30.00 11.40

ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA

Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50

Attachments, Page 6 of 41

IRON0732-018 06/01/2015

IRONWORKER: Reinforcing and Structural....................... $ 27.00 19.78+a a: PAID HOLIDAYS: New Year’s Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day following Thanksgiving, and Christmas Day.

LABO1686-011 05/01/2012

Rates Fringes

LABORER

(2) Mason Tender............ $ 20.10 9.05

(3) Pipelayer............... $ 20.24 9.05

ZONE DEFINITIONS FOR LABORERS

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following listed town to the center of the job:

BILLINGS, BOZEMAN, BUTTE, HELENA, GREAT FALLS, MISSOULA, KALISPELL

TRAVEL ZONES:

ZONE 1: 0 to 30 miles, Base Pay ZONE 2: 30-60, add $3.05 to Base Pay ZONE 3: Over 60 miles, add $4.85 to Base Pay

SUMT2011-051 02/08/2011

Rates Fringes

CARPENTER (Form Work Only)....... $ 24.30 7.80

CARPENTER, Excludes Form Work.... $ 21.13 7.00

LABORER: Common or General...... $ 18.11 5.90

LABORER: Landscape and Irrigation....................... $ 15.14 1.30

Attachments, Page 7 of 41

OPERATOR: Backhoe............... $ 24.16 8.05

OPERATOR: Bobcat/Skid Steer/Skid Loader................ $ 21.99 8.55

OPERATOR: Excavator............. $ 23.12 7.81

OPERATOR: Grader/Blade.......... $ 24.69 8.40

OPERATOR: Loader (Front End).... $ 24.20 7.84

TRUCK DRIVER: Dump Truck........ $ 18.84 5.92

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR

5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Attachments, Page 8 of 41

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates.

Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Attachments, Page 9 of 41

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Attachments, Page 10 of 41

Forest Service FP-03 Supplemental Specifications

Table of Contents

Preface……………………………………………………………………………………. 11 101 - Terms, Format, and Definitions…………………………………………………….. 12 102 - Bid, Award, and Execution of Contract…………………………………………….. 15 103 - Scope of Work……………………………………………………………………… 16 104 - Control of Work…………………………………………………………………….. 17 105 - Control of Materials………………………………………………………………… 19 106 - Acceptance of Work………………………………………………………………… 20 107 - Legal Relations and Responsibility to the Public…………………………………… 22 108 - Prosecution and Progress…………………………………………………………… 24 109 - Measurement and Payment…………………………………………………………. 25 155 - Schedules for Construction Contracts………………………………………………. 26 204 - Excavation and Embankment………………………………………………………. 27 303 - Road Reconditioning………………………………………………………………. 33 625 - Turf Establishment…………………………………………………………………. 35 667 - Well Abandonment…………………………………………………………………. 37 713 - Roadside Improvement Material…………………………………………………… 39 718 - Traffic Signing and Marking Material……………………………………………… 41

Attachments, Page 11 of 41

Preface

Delete all but the first paragraph and add the following:

The U.S. Forest Service, U.S. Department of Agriculture, has adopted FP-03 for construction of National Forest System Roads.

Attachments, Page 12 of 41

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

mp Milepost ppm Part Per Million

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

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, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

http://www.nist.gov/

Attachments, Page 13 of 41

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

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.

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 Streamcourse--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.

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

Attachments, Page 14 of 41

Figure 101-1—Illustration of road structure terms.

Attachments, Page 15 of 41

102 - Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

Attachments, Page 16 of 41

103 - Scope of Work

Delete all but Subsection 103.01 Intent of Contract.

Attachments, Page 17 of 41

104 - Control of Work

Delete Subsections 104.01, 104.02, and 104.04.

Add the following:

104.02 The Government shall mark the boundaries of the construction area at the fuel pad area.

The Contractor shall develop and make any detailed surveys needed for construction of the work involved. The Contractor shall be held responsible for the preservation of all primary and other controls. If control markings are destroyed or disturbed by the Contractor, the Contractor shall replace them at no cost to the Government.

104.03 Specifications and Drawings

(c) As-Built-Plans. Furnish one set of as built plans. The Government will provide one set of contract plans to be used exclusively for recording the as-built details of the project. Use red pencil or red ink to record the information on the as-built plans.

Note all additions or revisions to the location, character, and dimensions of the prescribed work shown on the contract plans. Line out all details shown that are not applicable to the completed work. Check off details shown that were incorporated into the completed work without change.

Retain the plans at the project site and, as work progresses, continually update them to reflect the as-built details. Upon request, make the plans available to the CO to review for compliance with these specifications.

Show the following types of changes on the as-built plans:

(1) Typical section(s)

• Revisions to the alignment

• Revisions to width or ditch

• Revisions to embankment or back slopes

• Changes in the construction limits

(2) Plan and profile

• Revisions to the alignment

• Changes in the construction limits

• Revisions in location, type, and grade of road approaches

• Location of monuments and permanent references

• Revisions to grades, elevations, and stationing of intersection PIs

• Location and type of utilities

• Equations

(3) Miscellaneous

• Revisions to parking areas or turnouts

• Culvert diameter, length, type and stationing

• Final location, type and length of curbs, sidewalks, etc.

• Location, length, and type of fencing and gates

• Location, elevation and type of aerial or underground utilities

• Final contours for surfaces disturbed or created by construction

Attachments, Page 18 of 41

Furnish the as-built working plans to the CO before the final inspection. Correct all details found during the final inspection that are not shown on the as-built plans and return to the CO within 5 days.

Add the following subsection:

104.07 Restoration by Contractor

All areas disturbed by the Contractor’s operations including, but not limited to, access roads, staging areas, stockpiles, haul roads, loading operations, and disposal operations shall be ripped and restored by grading to the original contours, and seeded and fertilized according to Section 625 – Turf Establishment.

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105 - Control of Material

105.01 Source of Supply and Quality Requirements.

All materials incorporated into the project shall be certified noxious weed seed free, either through visual inspection or commercial certification.

105.04 Storing and Handling Material.

Add the following to the beginning of the first sentence: Transport,

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

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 make reimbursement for the cost of producing these materials.

Stockpile excess material at an approved location in a stable manner. Provide erosion control measures at all stockpile locations to minimize the erosion and transport of stockpile materials by wind and water.

Attachments, Page 20 of 41

106 - Acceptance of Work

Delete Subsection 106.01 and substitute the following:

106.01 Conformity with Contract Requirements.

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 Drawings 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 prescribed value 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 worksite. 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

Attachments, Page 21 of 41 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.

Delete Subsection 106.07.

Attachments, Page 22 of 41

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”.

107.08 Sanitation, Health and Safety.

Perform all operations in a prudent, conscientious, safe and professional manner. Ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR

1910.120. Notify the U.S. Forest Service of all hazardous material that may be brought onto the National Forest. The biosolids are not considered to be hazardous waste.

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.

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• 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.

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108 - Prosecution and Progress

Delete Section 108 in its entirety.

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109 - Measurement and Payment

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02 Measurement Terms and Definitions.

Methods of Measurement - One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

A. Contract Quantities (CQ) and Design 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 SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

As a result of changes in the work authorized by the CO.

As a result of the CO determining that errors exist in the original design data used to determine designed quantities that cause a pay item to change by 15 percent or more.

As a result of the Contractor submitting to the CO a written request showing evidence of errors in the original design data used to determine design quantities that cause a pay item total 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 believed to be in error.

B. Staked Quantities (SQ) - These quantities are determined from staked measurements prior to construction.

C. Actual Quantities (AQ) - These quantities are determined from measurements of completed work.

D. Vehicle Quantities (VQ) - These quantities are measured or weighed in hauling vehicles.

E. Lump Sum Quantities (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured individually.

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155 - Schedules for Construction Contracts

Delete Section 155 in its entirety.

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204 - Excavation and Embankment

Delete Section 204 in its entirety and replace with the following:

204.01 Description.

Work for this item is the handling of various onsite materials stockpiled at the Beal Mountain Mine site. The materials present include the rock stockpile, sandy material stockpile, biosolids stockpile, west clay stockpile and the east clay stockpile. Two work activities are part of the work under this section: 1) the mixing, drying, loading and hauling of the biosolids and its underlying liner to the Butte Silver Bow Landfill, and 2) the mixing of various materials and placement of this material in the fuel pad area.

The biosolids work consists of mixing the west stockpile clay and sodium bentonite, if needed, with biosolids to produce a haulable solid; and loading, hauling, and disposing the mixed biosolids and liner in the Butte Silver Bow Landfill. The liner at the biosolids stockpile area shall be removed, cut into pieces, loaded, hauled and disposed at the Butte Silver Bow Landfill.

The Contractor is responsible for maintaining the haul road during haul operations and for blading the existing roadway of the entire haul route at the completion of the contract. The biosolids work shall be completed prior to beginning work at the fuel pad embankment area.

Various onsite materials shall be used in the backfill and regrading of the fuel pad area. This regraded area is called the fuel pad embankment. The fuel pad embankment work consists of temporarily moving the east stockpile clay to allow for scarifying the fuel pad surface for embankment construction; loading, hauling and placing of the rock currently stockpiled onsite;

and loading, hauling, and mixing the east stockpile clay with the sandy material. The work includes thoroughly mixing the sandy material with the east stockpile clay, placing this material on the placed rocks and compacting the material in lifts. Imported topsoil is then loaded, hauled and placed on the entire area and fertilized and seeded.

Construction Requirements

204.02 Preparing Surface for Embankment Construction.

Contractor shall prepare the surface foundation for the fuel pad embankment by breaking up the ground surface to a minimum depth of 6 inches by plowing or scarifying. The east clay stockpile shall be moved to allow for the scarifying of the entire surface foundation of the embankment.

This item is incidental and there shall be no separate payment.

204.03 Embankment Construction

204.03(a) Mix West Clay Stockpile and Biosolids.

The biosolids consist of fine-grained materials, which under a previous contract, had been mixed with onsite clays and soils. The biosolids have a distinct foul odor. Equipment that comes in contact with the biosolids will likely need to be washed to remove the smell at the decontamination area. Personnel should generally avoid contact with the biosolids.

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Additionally, during the previous contract the biosolids released hydrogen cyanide (HCN) gas during excavation activities. Ferrous Sulfate was added to the biosolids to stabilize the cyanide and reduce the likelihood for release of HCN gas. The addition of ferrous sulfate was successful in reducing the generation of HCN gas, but there is a possibility that HCN could be released during this work. Air monitoring for HCN and Hydrogen Sulfide (H2S), Oxygen (O2), and Lower Explosive Limit (LEL) will be required during the work, and monitoring procedures should be described in the Contractor’s Health and Safety Plan.

Contractor shall thoroughly mix biosolids with clay from the west stockpile using a method approved by the CO. The resulting mixture must pass a paint filter test (EPA SW 846 Method 9095B). If it does not, the Contractor may add on-site sodium bentonite as described for Item 204.03(g) to further solidify the mixed biosolids. If, after mixing with the sodium bentonite, the resulting mixture still does not pass a paint filter test, the Contractor shall spread the resulting mixture and allow it to dry until it passes the paint filter test. If necessary, the Contractor shall spread the mixed biosolids on the flat area currently surrounding the stockpiled biosolids. To create additional space in this area, Contractor may relocate the existing sandy material stockpile and rock stockpile to other areas approved by the CO. Contractor shall spread the mixed biosolids in thin lifts and, if necessary, shall disk or otherwise process the thin lifts to produce a uniformly dry mixture. Contractor’s Erosion Control Plan shall include measures for surrounding the mixed biosolids with appropriate BMPs to prevent migration of the drying mixed biosolids. Dried mixed biosolids shall be promptly disposed as described under Item 204.03(b). The entire west clay stockpile must be removed from the site.

In order to be accepted at the Butte Silver Bow Landfill, the mixed biosolids must be dry enough to pass the EPA SW-846 Method 9095B – Paint Filter Liquid Test. The Contractor is responsible for ensuring that the material passes this test. Contractor must submit a proposed sampling plan for testing of the biosolids for CO review.

204.03(a) Measurement

Measure the Section 204.03(a) Item listed in the Schedule of Items according to Subsection 109.02 and the following as applicable:

The quantity to be paid is the quantity shown in the Schedule of Items based on the contract quantity (CQ). The quantity in the Schedule of Items is the volume of west stockpile clay, which is to be mixed into the biosolids.

204.03(a) Payment

The contract quantities will be paid at the contract price per unit of measurement for the Section 204.03(a) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Subsection 109. No additional payment will be made for spreading, disking, placing BMPs and otherwise drying the mixed biosolids.

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204.03(b) Load, Haul and Dispose Mixed Biosolids.

Contractor shall load, haul and dispose the mixed clay/biosolids into haul vehicles and will transport the mixture to the Butte Silver Bow Landfill near Rocker. The distance one-way from the biosolid stockpile area to the landfill is approximately 24 miles, with about half the distance on gravel roads and half on paved roads.

The Contractor is authorized to use roads under the jurisdiction of the USDA - Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations in this section. Commensurate with use, the Contractor shall maintain all unpaved roads during hauling operations to the level necessary for the work. At the completion of hauling operations, the Contractor shall pre-wet the areas to be bladed and blade the entire haul route, from the biosolids area to the paved Fairmont Road including the Dave Smith road.

Contractor shall provide procedures to prevent the uncontrolled spread of biosolids materials onsite. The procedures should provide a means for minimizing or preventing the tracking of biosolids material from the biosolids stockpile areas onto access and haul roads. When hauling biosolids material over public roads, Contractor shall prevent the release of any biosolids material from haul vehicles by the use of bed liners, covering loads, and wetting loads, as appropriate. Any biosolids material on the outside of a haul truck or on the tires, shall be removed prior to leaving the biosolids stockpile area. A vehicle and equipment decontamination area may be necessary to clean vehicles prior to leaving the site.

No biosolids material that exhibits free water will be allowed to be loaded on trucks. Contractor shall be responsible for paying all tipping fees at the Butte Silver Bow Landfill which are $20/ton. Contractor shall supply all weight tickets from the landfill to the CO for use in computing pay quantities. Contractor shall obey all weight limits and speed limits on all haul roads. Any material spilled or dripped from the Contractor’s trucks shall be cleaned up and disposed of by the Contractor at no additional cost.

This item must be completed before work on any of the other Section 204 work, excepting

204.03 (a) and (g), items are started. Movement of the sandy material and rock stockpiles (Items 204.03(d) and 204.03(e)) may be completed prior to this item if approved by the CO to create additional area for biosolids drying as described in Item 204.03(a).

204.03(b) Measurement

Measure the Section 204.03(b) item listed in the Schedule of Items according to Subsection 109.02

The quantity to be paid is the actual quantity (AQ) based on the tonnage shown on weight tickets from the landfill.

204.03(b) Payment

The actual quantities will be paid at the contract price per unit of measurement for the Section 204.03(b) pay item listed in the Schedule of Items. All costs for road maintenance work

Attachments, Page 30 of 41 shall be incidental to this item. Payment will be full compensation for the work prescribed in this Section. See Section 109.

204.03(c) Load, Haul and Dispose Liner Material.

Contractor shall remove and dispose of the HDPE liner from the biosolids stockpile area.

Contractor shall thoroughly remove all biosolids or soil remaining on the liner prior to loading and cut the liner into manageable pieces. No compressed air or water may be used to remove biosolids and soil. On completion of cleaning and on approval by the CO, Contractor shall load, haul and dispose of the liner at the Butte Silver Bow Landfill. Any other miscellaneous debris, including piping and other materials shall be hauled to the landfill and paid for under this item.

The Contractor shall be responsible for paying the tipping fees for disposal of the liner and other materials if any.

204.03(c) Measurement

Measure the Section 204.03(c) item listed in the Schedule of Items according to Subsection 109.02 and the following as applicable:

The quantity to be paid is the actual quantity (AQ) based on the tonnage shown on weight tickets from the landfill.

204.03(c) Payment.

The actual quantities will be paid at the contract price per unit of measurement for the Section 204.03(c) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Section 109.

204.03(d) Load, Haul and Place Sandy Material Stockpile.

Contractor shall load, haul and place sandy material currently stockpiled near the biosolids to the Fuel Pad area. The sandy material shall be uniformly mixed with the east clay stockpile located at the Fuel Pad area and incorporated into the Fuel Pad embankment regrading.

204.03(d) Measurement

Measure the Section 204.03(d) item listed in the Schedule of Items according to Subsection 109.02 contract quantity (CQ). The quantity in the Schedule of Items is the volume of the sand stockpile, which is to be mixed with the east clay stockpile.

204.03(d) Payment.

Section 204.03(d) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Section 109.

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204.03(e) Load, Haul and Place Existing Rock Stockpile.

Contractor shall load, haul and place the existing rock stockpile located near the biosolids to the Fuel Pad area for placement at the Fuel Pad regrading area. The east clay stockpile will need to be moved to allow for the uniform placement of the rock across the embankment area after the preparation of the embankment foundation (Section 204.02). The rock shall be scattered throughout the regrading area on the existing fuel pad surface prior to placement and compaction of the clay/sand mixture. The east stockpile clay and sandy material shall be uniformly mixed at the Fuel Pad area and incorporated into the Fuel Pad embankment regrading.

204.03(e) Measurement.

Measure the Section 204.03(e) item listed in the Schedule of Items according to contract quantity (CQ). The quantity in the Schedule of Items is the quantity of the rock stockpile which is to be placed on the fuel pad embankment.

204.03(e) Payment

Section 204.03(e) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Section 109.

204.03(f) Fuel Pad Embankment Regrading

Contractor shall place, compact in lifts and grade mixed clay and sand in the Fuel Pad area to effect the final contours shown on the Drawings. Contractor shall provide water if necessary to attain the optimum moisture content to achieve compaction as specified in Subsection 204.04.

Some hand compaction may be necessary around large rocks within the embankment.

204.03(f) Measurement

Measure the Section 204.03(f) item listed in the bid schedule according to Subsection 109.02 and the following as applicable:

contract quantity (CQ). The quantity in the Schedule of Items is the volume of east stockpile clay material only. The east clay stockpile is to be mixed with the sandy material and then placed, compacted and graded in the fuel pad embankment.

204.03(f) Payment

Section 204.03(f) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Section 109.

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204.03(g) Mix Sodium Bentonite and Biosolids.

If, after mixing the west stockpile clay with the biosolids, additional clay is necessary to solidify the biosolids so that they pass a paint filter test, the Contractor shall use Sodium Bentonite stored at the Site to effect thickening. Contractor shall haul Sodium Bentonite currently stored in super sacks at the Water Treatment Plant to the biosolids area and mix with the biosolids.

This item, if implemented, must be completed before work on any of the other Section 204 work items are started, with the exception of 204.03 (a). Movement of the sandy material and rock stockpiles (Items 204.03(d) and 204.03(e)) may be completed prior to this item if approved by the CO to create additional area for biosolids drying as described in Item 204.03(a).

204.03(g) Measurement.

Measure the Section 204.03(g) item listed in the Schedule of Items according to number of super sacks of Sodium Bentonite hauled and mixed with the biosolids. Up to 15 super sacks may be used. However, the CO may decide not to use any super sacks in which case no measurement or payment will be made for this item.

204.03(g) Payment.

The actual quantities will be paid at the actual price per unit of measurement for the Section 204.03(g) pay item listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Section 109.

204.04 Compaction.

For purpose of compaction, use either compaction methods (a) or (b); no sieve test is required.

(a) Layer Placement Method (Hauling and Spreading Equipment). Place material by end dumping to the minimum depth needed for operation of spreading equipment, but no greater than 12 inches. Level and smooth each embankment layer before placing the next layers. Operate hauling and spreading equipment uniformly over the full width of each layer. Construct a solid embankment with adequate compaction by working smaller rock and fines in with the larger rocks to fill the voids, and by operating hauling and spreading equipment uniformly over the full width of each layer as the embankment is constructed.

Adjust the moisture content of the material to obtain a mass that will not visibly deflect under the load of the hauling and spreading equipment.

(b) Layer Placement Method (Roller Compaction). Place material by end dumping to the depth no greater than 12 inches. Adjust the moisture content of the material to obtain a mass that will not visibly deflect under the load of the hauling and spreading equipment. Operate compaction equipment over the full width of each layer until visible deformation of the layer ceases or, when a sheepsfoot roller is used, the roller “walks out” of the layer. Make at least three complete passes.

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303 – Road Reconditioning (Additive Bid Item)

Delete Subsection 303.01 in its entirety and replace with the following:

303.01 Description.

This work includes the reconditioning of the entire length of the haul road from the biosolids area to the paved Fairmont Road including the Dave Smith road. At least one pass of reconditioning as described below shall be made in each direction. The Contractor shall consider that one complete blading of the road shall be completed under Section 204.03(b).

Delete Subsections 303.03 through 303.08 and replace with the following subsections:

303.03 Construction Requirements.

On completion of all hauling activities, the CO may direct the Contractor to recondition the entire length of the haul road from the biosolids area to Fairmont Road including the Dave Smith road. In the event that the work in this section is performed, the surface blading required in Section 204.03(b) would be conducted after all work in this section. At least one pass of reconditioning as described below shall be made in each direction.

303.04 Road Reconditioning.

Road reconditioning shall consist of surface blading, ditch cleaning and dust control as described below:

(a) Surface blading

(1) Shape the entire existing roadbed, including shoulders and turnouts, to remove ruts and conform reasonably to the previous cross section. Blade the existing surface aggregate so as to conserve material and prevent segregation of sizes, return surface aggregate to roadway during maintenance operations. Repeat surface blading as often as required.

(2) Remove earth slides, fallen timber or boulders obstructing road surface.

(3) Do not undercut roadside cut slopes.

(4) Remove berms from road surface and shoulders, unless designated to remain.

(5) At intersections, grade the roadbeds of side roads for a reasonable distance to assure a proper blend of adjacent driving surfaces.

(6) Clean and shape drainage dips and lead-off ditches and shaped to conform reasonably to their previous line, grade and cross section.

(b) Ditch cleaning

(1) Remove and dispose of all vegetation and sloughed material from roadside ditches to provide an unblocked waterway conforming reasonably to previous line, grade and cross section.

(2) Clean culverts, inlet basins and leadoff ditches as required ensuring proper function.

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(3) Suitable material removed from the ditch or culverts may be blended into the existing native road surface, shoulder or designed berm during the cleaning operations.

(4) Dispose of vegetation and slough material not blended into surface material or designed berms, away from stream channels.

(c) Dust control

(1) Apply dust control to road surface in accordance with Section 158 as applicable and when required by the CO.

Delete Subsection 303.10 in its entirety and replace with the following:

303.10 Measurement.

Measure the road reconditioning that occurs after hauling of the biosolids and liner according to the length of the road reconditioned. Measure the length along the centerline of the reconditioned road. One pass of reconditioning in one direction along one foot of road and one pass of reconditioning in the other direction along the same foot of road shall be measured as one foot of reconditioned roadway. If the CO decides not to implement this additive alternative bid item no measurement or payment will be made for this item.

Measure the Section 303 item listed in the Schedule of Items according to Subsection 109.02 and the following as applicable:

The quantity to be paid is the actual quantity (AQ) based on the mileage measured by the CO using a vehicle odometer.

Delete Subsection 303.11 in its entirety and replace with the following:

303.11…