AttachmentsAG0343S170031.pdf

AG-0343-S-17-0031

2017 Barren Pond and Leach Pad Corridor Closure/Beaverhead-Deerlodge NF Attachments, Page 1 of 105

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 $10.20 per hour beginning January 1, 2017 , 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. MT170076, Mod. 3, dated 06/02/2017, 7 pages.

NOTE: THIS PROJECT IS LOCATED IN ZONE 2

J- 2 Forest Service FP-03 Supplemental Specifications, 96 pages

Forest Service Supplemental Specification No.

Forest Service Supplemental Specification Title

Preface FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FSSS 103 Scope of Work FSSS 104 Control of Work FSSS 105 Control of Material FSSS 106 Acceptance of Work FSSS 107 Legal Relations and Responsibility to the Public FSSS 108 Prosecution and Progress FSSS 109 Measurement and Payment FSSS 151 Mobilization FSSS 152 Construction Surveying and Staking FSSS 153 Contractor Quality Control FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FSSS 157 Soil Erosion Control FSSS 158 Watering for Dust Control FSSS 203 Removal of Structure and Obstructions FSSS 204 Excavation and Embankment FSSS 219 Beal Barren Pond Horizontal Drain FSSS 220 Beal Leach Pad Top Liner System FSSS 221 Active Beal RO Pipe FSSS 222 Sump 1 Pipe Drain Pipe Fixture FSSS 223 Pipe Plugs FSSS 224 Beal Leach Pad Bottom Liner FSSS 225 Pipe Corridor Horizontal Drain

Attachments, Page 2 of 105

FSSS 226 Surface Water Diversion Channel FSSS 230 Remove and Dispose Miscellaneous Debris FSSS 303 Road Reconditioning FSSS 607 Cleaning, Reconditioning, and Repairing Existing Drainage Structures FSSS 619 Fences, Gates, and Cattle Guards FSSS 625 Turf Establishment FSSS 629 Rolled Erosion Control Products and Cellular Confinement Systems FSSS 650 Air Purge Fixture Protection Structure FSSS 703 Aggregate FSSS 706 Concrete and Plastic Pipe FSSS 713 Roadside Improvement Material FSSS 714 Geotextile and Geocomposite Drain Material FSSS 718 Traffic Signing and Marking Material FSSS 725 Miscellaneous Material

J- 3 Project Plans (Drawings) (see separate document)

The following Project Plans (Drawings) are acceptable to this contract and are physically included in this contract.

G1 Cover & Drawing Index G2 Summary and Schedule of Items G3 Site Overview G4 Work Overview C1 Existing Conditions – Barren Bond and Leach Pad Work Areas C2 Work Area B Plan and Sections C3 Barren Pond Final Grading Work Areas A, B, & C C4 Work Area C Plan C5 Work Area D Plan and Section C6 Work Area E Plan C6A 3-D Rendering of Work Area E Leach Pad Penetrations C7 Work Area E Cross Section C8 Work Areas F & G C9 Fence Removal Plan C10 Barren Pond Area Reclamation Plan D1-D2 Miscellaneous Details D3 Surface Water Diversion Channel & Liner Repair Details D4 Spent Ore Containment Pad, Pipe Corridor Vertical Drain, and Rock Check Dam Details D5 Typical Fence Details

Attachments, Page 3 of 105

WAGE RATE DECISION MT170076, Mod. 3, dated 06/02/2017

General Decision Number: MT170076 06/02/2017 MT76

Superseded General Decision Number: MT20160076

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 $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any 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 $10.20 (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 2017. 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 01/06/2017 1 01/13/2017 2 04/21/2017 3 06/02/2017

BRMT0001-004 06/01/2016

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

SILVER BOW COUNTIES

Rates Fringes

BRICKLAYER....................... $ 26.58 13.70

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BRMT0005-002 06/01/2016

GALLATIN COUNTY

BRICKLAYER....................... $ 26.22 13.70

BRMT0006-005 06/01/2016

BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL

PARK COUNTIES

BRICKLAYER....................... $ 26.22 13.70

* ELEC0044-003 01/01/2017

LINE CONSTRUCTION

(1) Lineman................. $ 43.51 16.74

ELEC0233-018 01/01/2017

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

AND SILVER BOW COUNTIES

ELECTRICIAN...................... $ 29.19 2.5%+12.83

* ELEC0233-020 06/01/2017

BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES

ELECTRICIAN...................... $ 31.05 12.71

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* ELEC0322-003 06/01/2017

YELLOWSTONE NATIONAL PARK

ELECTRICIAN...................... $ 29.59 14.13

ENGI0400-009 05/01/2013

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

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IRON0732-018 06/01/2015

IRONWORKER: Reinforcing and Structural....................... $ 27.00 19.78

LABO1686-011 05/01/2012

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

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

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

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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.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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

Attachments, Page 8 of 105 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.

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

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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:

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 105

Forest Service FP-03 Supplemental Specifications

The Supplemental Specifications listed below are a modification of the FP-03 Standard Specifications and are included in this contract.

NOTE: 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 Proposals and resultant contract.

Forest Service Supplemental

Specification No.

Forest Service Supplemental Specification Title

Preface FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FSSS 103 Scope of Work FSSS 104 Control of Work FSSS 105 Control of Material FSSS 106 Acceptance of Work FSSS 107 Legal Relations and Responsibility to the Public FSSS 108 Prosecution and Progress FSSS 109 Measurement and Payment FSSS 151 Mobilization FSSS 152 Construction Surveying and Staking FSSS 153 Contractor Quality Control FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FSSS 157 Soil Erosion Control FSSS 158 Watering for Dust Control FSSS 203 Removal of Structure and Obstructions FSSS 204 Excavation and Embankment FSSS 219 Beal Barren Pond Horizontal Drain FSSS 220 Beal Leach Pad Top Liner System FSSS 221 Active Beal RO Pipe FSSS 222 Sump 1 Pipe Drain Pipe Fixture FSSS 223 Pipe Plugs FSSS 224 Beal Leach Pad Bottom Liner FSSS 225 Pipe Corridor Horizontal Drain FSSS 226 Surface Water Diversion Channel FSSS 230 Remove and Dispose Miscellaneous Debris FSSS 303 Road Reconditioning FSSS 607 Cleaning, Reconditioning, and Repairing Existing Drainage Structures FSSS 619 Fences, Gates, and Cattle Guards FSSS 625 Turf Establishment FSSS 629 Rolled Erosion Control Products and Cellular Confinement Systems FSSS 650 Air Purge Fixture Protection Structure FSSS 703 Aggregate

Attachments, Page 11 of 105

Forest Service Supplemental

Specification No.

Forest Service Supplemental Specification Title

FSSS 706 Concrete and Plastic Pipe FSSS 713 Roadside Improvement Material FSSS 714 Geotextile and Geocomposite Drain Material FSSS 718 Traffic Signing and Marking Material FSSS 725 Miscellaneous Material

Attachments, Page 12 of 105

PREFACE

Delete all but the first paragraph and add the following:

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

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SECTION 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

GCL

HDPE

MSHA

NIST

NESC

TRM

WCLIB

American Forest and Paper Association Geosynthetic Clay Liner High Density Polyethylene Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code Turf Reinforcement Mat 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.

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.

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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.

Add Figure 101-1—Illustration of road structure terms:

Attachments, Page 15 of 105

Figure 101-1—Illustration of road structure terms.

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SECTION 102 - BID, AWARD, AND EXECUTION OF CONTRACT

Delete Section 102 in its entirety.

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SECTION 103 - SCOPE OF WORK

Delete all but Subsection 103.01 Intent of Contract.

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SECTION 104 - CONTROL OF WORK

Delete Subsections 104.01, 104.02, and 104.04.

Add the following:

104.02

The Contractor shall mark the boundaries of the construction areas. 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.

The Contractor shall stake all staging areas, disturbance limits, and all other features of the work and receive approval from the CO before proceeding with the work on these items. Staking and surveying by the Contractor will be as specified in Section 152.

104.03 Specifications and Drawings.

Add the following:

(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

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(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

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:

104.06 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, when such use will not damage the roads or National Forest resources and when traffic can be accommodated safely. Commensurate with use, maintain all unpaved roads under the jurisdiction of the Forest Service as required within. All costs for such maintenance work shall be incidental to other items in the contract.

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, unless otherwise designated. Any mine waste that is spilled or deposited in areas other than the Beal leach pad as a result of removal actions shall be collected and placed in the Beal leach pad. During the course of the work, the Contractor shall periodically, or as directed by the CO, remove and dispose of all surplus construction materials and debris and keep the project area and public right-of-way reasonably clean. Upon completion of the work, the Contractor shall remove all temporary construction facilities, debris, and unused materials, leaving the project sites in a neat and clean condition. All debris shall be disposed of off-site in a State-licensed landfill.

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SECTION 105 - CONTROL OF MATERIAL

105.01 Source of Supply and Quality Requirements.

Add the following:

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.

Add the following:

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 21 of 105

SECTION 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 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.

1) 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:

a. Sampling method;

b. Number of samples;

c. Sample transport;

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d. Test procedures;

e. Testing laboratories;

f. Reporting;

g. Estimated time and costs; and

h. 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.

(a) 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 Partial and Final Acceptance

Delete Subsection 106.07.

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SECTION 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.

Add the following:

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 Forest Service of all hazardous material that may be brought onto the National Forest.

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10 Environmental Protection.

Add the following:

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.

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• Description of cleanup 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 cleanup 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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SECTION 108 - PROSECUTION AND PROGRESS

Delete Section 108 in its entirety.

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SECTION 109 - MEASUREMENT AND PAYMENT

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.02 Measurement Terms and Definitions.

Delete subsection in its entirety and replace with the following:

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:

1. As a result of changes in the work authorized by the Contracting Officer.

2. As a result of the Contracting Officer 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.

3. As a result of the Contractor submitting to the Contracting Officer 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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SECTION 151 - MOBILIZATION

Section 151 is deleted in its entirety and replaced with the following:

151.01 Description.

This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site; obtaining of permits, insurance, and bonds. This work also includes washing and treating construction equipment and vehicles necessary for equipment transport to remove seeds, plants, and plant fragments before the equipment is used on Forest Service lands, according to the requirements within. This work also includes moving personnel, equipment, materials and incidentals off the project at project completion.

Construction Decontamination Requirements (Mobilization and Demobilization) - Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment. Only equipment inspected by the Forest Service will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area will be treated in the same manner as the initial move-in. This requirement does not apply to cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas off the National Forest.

Equipment will be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

Notify the CO in writing at least 48 hours before moving any construction equipment onto the National Forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every cleaning.

Use methods of cleaning and locations for cleaning approved by the CO.

For work at a commercial washing facility, use an approved facility.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, in the Project Area or on the haul route, will be promptly reported to the other party.

Contractor and Forest Service will agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

151.02 Measurement.

The Contractor will be required to clean all equipment prior to moving onto this project. The cost for all required cleaning(s) are to be included in the measurement for payment for mobilization.

Measure mobilization according to Subsection 109.02.

151.03 Payment

The accepted quantity, measured as provided in Subsection 109.02, will be paid at the contract price per unit of measurement for the Section 151 pay item shown in the Schedule of Items. 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:

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(a) If applicable, 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 and demobilization of all equipment, personnel, materials and incidentals.

Include all costs associated with the initial cleaning of equipment in the unit bid price for Mobilization. Cleaning for subsequent move-ins will not be paid for unless after a suspension ordered by the CO.

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SECTION 152 - CONSTRUCTION SURVEY AND STAKING

152.01 Description.

Add the following at the beginning of the subsection:

The Government will provide a surveyor for the following items:

1. Pipeline corridors and approximate leach pad vault location to the extent they are known. All known pipeline corridors are shown on the DRAWINGS

2. Design excavation limits of materials from Beal leach pad

3. Several Control Points for subsequent use by the Contractor

4. Any survey of surfaces or other features necessary for the measurement of pay quantities. These include the following:

a. Final Beal leach pad cover and subsoil excavation volumes

b. Final Beal leach pad spent ore excavation volume

c. GCL material installation

d. Geocomposite drain layer installation

5. Survey necessary to document as-built conditions. These includes the following:

a. All active Beal RO pipe installed

b. All process pipe exposed and left in-place

c. Any additional abandoned pipe discovered during excavations

d. All abandoned pipe termination points

e. Any additional infrastructure discovered during excavations

f. Beal leach pad bottom liner existing location

g. Beal leach pad bottom liner repair including bentonite placement and installed HDPE patch The Government surveyor will only be onsite to perform surveying as necessary. The Contractor shall provide at least 24 hour notice to the Government in advance of the need for Government survey of any of the items noted above. The Contractor should expect some delays for certain work items while the Government surveyor is conducting surveys of any of the items noted above.

Contractor may choose to perform additional surveying over and above that supplied by the Government.

152.05 Measurement

Delete Subsection 152.05 in its entirety and replace with the following:

No measurement for Section 152 will be made.

152.06 Payment.

Delete Subsection 152.05 in its entirety and replace with the following:

No payment for Section 152 will be made.

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SECTION 153 - CONTRACTOR QUALITY CONTROL

153.04 Records.

Delete all but the first sentence.

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155 - SCHEDULES FOR CONSTRUCTION CONTRACTS

Delete Section 155 in its entirety.

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SECTION 156 - PUBLIC TRAFFIC

Construction Requirements

156.03 Accommodating Traffic During Work.

Delete Subsection 156.03 and substitute the following:

Keep existing public roads open to all traffic during road improvement work or hauling operations and maintain them in a condition that will safely and adequately accommodate traffic. Perform the work in a manner that ensures the safety and convenience of the public.

Forest Service Road #83 is closed to the public from the gate at the Beal Mountain Mine boundary to the work area. FSR #83 is open to the public between the Fairmont Road and closed gate. The Dave Smith spur access road is closed to the public.

Do not delay traffic on public roads without the approval of the CO.

156.04 Maintaining Roadways During Work.

Delete Subsection 156.04 and substitute the following:

Perform roadway maintenance as follows:

(a) Snow removal to facilitate the work is the Contractor’s responsibility. Snow removal to provide public access is the responsibility of the maintaining agency and may be performed at the maintaining agency’s discretion.

(b) Contractor shall maintain a dust-free traveled way such that visibility and air quality are not affected and a hazardous condition is not created.

(c) Remove accumulations of soil and other debris caused by Contractor’s work from the traveled way.

(d) Maintain the roadway in a safe and acceptable condition. If corrective action is requested and the corrective action is not taken immediately, the condition may be corrected and the cost of the corrective action deducted from the monies due to Contractor.

Delete the following entire subsections:

156.05 Maintaining Roadways During Non-work Periods.

156.06 Limitations on Construction Operations.

156.07 Nighttime Operations.

156.08 Traffic and Safety Supervisor.

156.09 Acceptance.

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156.10 Measurement and Payment

Substitute the following to Subsection 156.10:

Do not measure Section 156 for Payment. Compensation is made as an indirect payment.

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SECTION 157 - SOIL EROSION CONTROL

157.02 Material.

Delete the following:

Erosion Control Culvert Pipe 713.15 Fertilizer 713.03 Geotextile 714.01 Mulch 713.05 Plastic Lining 725.19 Riprap 251.02 Seed 713.04 Water 725.01

Add the following:

Aggregate 703

157.03 General.

Delete the first two paragraphs and substitute with the following:

Submit an Erosion Control Plan (ECP) detailing temporary control measures to minimize erosion and sedimentation during and after construction in accordance with the plans. The ECP shall specify the staging of work so that the amount of exposed soil is minimized at all times during construction. The ECP shall address all aspects of the project including permanent and temporary controls for the borrow area, trench excavations and adjacent spoil piles, temporary stockpiles associated with excavation of various materials from the Heap Leach Pad, and backfill of the Barren Pond.

Do not modify the type, size, or location of any control or practice without approval. Submit the erosion control plan proposal at least 7 days before operations begin to the CO for approval.

Suggested Best Management Practice details are shown on the drawings.

The Erosion Control Plan shall specify a minimum size stockpile of straw bales, wattles, silt fence and sand bags that the Contractor shall maintain onsite for prompt repair of damaged erosion control measures.

Contractor’s Erosion Control Plan shall reflect special concerns and measures necessary to protect resources and Government improvements.

Include:

(a) The construction activities and sequence of implementation relating to specific erosion control measures.

(b) The location and type of permanent controls to be implemented during construction.

(c) The location and type of temporary controls to be implemented during construction.

(d) The location and type of existing controls to be removed and disposed during construction.

(e) For work in stream channels with running water a detailed dewatering plan.

(f) For work in stream channels without flowing water describe level of ground and vegetative disturbance and measures to reduce potential sediment delivery.

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(g) Description of the monitoring plan.

(h) The location of any temporary haul roads to be constructed by the Contractor including widths, anticipated grades and pullouts.

(i) Any erosion control measures associated with temporary haul roads including but not limited to culverts (size and type), silt fence, wattles, straw bales, detention basins, surfacing materials and other details.

Add the following to the third paragraph:

Upon completion of construction at the site, remove all temporary erosion control devices, dewatering materials and equipment from Government property. Some temporary erosion control devices may be left onsite and will become the property of the Government, as approved by the CO.

157.04 Controls and Limitations on Work.

Delete the entire subsection and substitute the following:

Prior to grubbing and grading, construct all erosion controls around the perimeter of the project including filter barriers, diversion, and settling structures in accordance with Contractor’s approved

ECP.

Limit the combined grubbing and grading operations to 200,000 square feet of exposed soil at one time.

Construct erosion controls and sediment control measures as follows:

(a) Construct temporary erosion controls in incremental stages as construction proceeds.

(b) Construct temporary diversion channels, earthen berms, and sandbags to protect disturbed areas and slopes.

(c) Construct permanent erosion controls as soon as practical.

(d) Construct and maintain erosion controls on and around soil stockpiles to prevent soil loss.

(e) Following each day’s grading operations, shape earthwork to minimize and control erosion from storm runoff.

157.06 Sediment Retention Structures.

Add the following at the end of this subsection:

(c) Permanent rock check dams. Construct permanent rock check dams to reduce the velocity of runoff where shown on the DRAWINGS.

(1) Rock check dams shall be installed over existing rock check dams.

(2) Minor cleaning of accumulated materials from behind existing rock check dams may be required to install new rock check dams.

(3) Utilize rock materials in accordance with Subsection 703.03.

Each permanent rock check dam shall be comprised of 12 cubic feet of aggregate material placed to provide a minimum of 1 foot deep storage capacity at uphill base of installed check dam.

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157.07 Outlet Protection

Delete the entire subsection.

157.08 Water Crossings

Delete the entire subsection.

157.09 Diversions.

Delete the entire subsection and substitute the following:

Construct temporary channels, earth berms, or sandbags to divert water around disturbed areas and slopes.

157.10 Waterway and Slope Protection and Stabilization.

Delete Subsection 157.10 and substitute the following:

Use aggregate check dams, sandbags, and temporary erosion control blanket and mats as follows:

(a) Check Dams. Construct temporary aggregate check dams to reduce the velocity of runoff where required.

Utilize rock materials in accordance with Subsection 703.03 (a) or 703.03 (b).

(b) Sandbags. Construct temporary check dams utilizing sandbags to reduce the velocities of runoff in ditches and swales where required.

Place sandbags where required to divert surface water from excavations as shown on the DRAWINGS, Work Area E.

(c) Rolled erosion control products. Use rolled erosion control products to temporarily stabilize waterways and slopes before permanent seeding. Install according to Section 629.

157.11 Temporary Turf Establishment.

Delete the entire subsection.

157.15 Measurement.

Delete subsection in its entirety and replace with the following:

Measure the Section 157 items listed in the Schedule of Items according to Subsection 109.02 and the following is applicable:

Do not measure replacement items.

Measure rolled erosion control products under Section 629.

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157.16 Payment.

Delete subsection in its entirety and replace with the following:

The accepted quantities will be paid at the contract price per unit of measurement for the Section 157 pay items listed in the Schedule of Items. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

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