AG-0489-S-10-0277.doc

SOL NO: AG-0489-S-10-0277

Gifford Pinchot National Forest

Resurface Mount Adams Road 23

RESURFACE MT. ADAMS ROAD 23

Gifford pinchot national forest

REQUEST FOR PROPOSAL

SOLICITATION NUMBER AG-0489-S-10-0277

U.S. Department of Agriculture

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

NOTICE TO OFFEROR:

This notice is a full and open competition under the small business demonstration program.

PROPOSAL BOOKLET:

Offeror is responsible to verify the proposal booklet is complete. Offeror is also responsible for submitting all required forms and documents with their offer.

Applicable FAR provisions and clauses in this RFQ are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at www.arnet.gov/far/. Offerors are strongly encouraged to review provisions and clauses referenced in this document before submitting a quotation.

CENTRAL CONTRACTOR REGISTRATION:

You must register in the Central Contract Registration (CCR) prior to award of this contract. Failure to register prior to contract award will require award to be offered to the next successful registered offeror. See FAR Subpart 4.1103. Register online at www.ccr.gov or call toll free: (888) 227-2423.

INSTRUCTIONS TO OFFERORS

GENERAL:

By submission of its offer in accordance with the instructions provided in this Section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto.

DISCREPANCIES:

If an offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial quotation, as received, without discussions.

SUBMISSION OF OFFERS:

Offerors shall submit the following information by 4:00 Pacific Time, Wednesday, May 25, 2010:

Priced proposals shall include the following items:

1. Section A – SF1442 fill out blocks: 14, 15, 16, 17, 18, and 20. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. These sections constitute the model contract.

2. Block Section B – Supplies or Services and Prices/Costs, for all items. Any corrections, erasures, whiteout or other changes to your prices must be initialed by the offeror. Contractor must submit an offer on all items to be considered responsive.

3. Section J Attachment 3 - Past history relevant to this type of project.

4. Section K - Complete the necessary fill-ins and certifications in the Representations and Certifications. The offeror shall submit only those pages that require a fill-in in the remaining solicitation package.

5. Bid Bond is required. Reference FAR Provision 52.228-1 for bid bond amount.

The packaging used in submitting the proposal must clearly identify the solicitation number and the date and local time specified in the solicitation for receipt of quotation. Offerors using commercial carriers should ensure that this information is marked on the outermost wrapper. Quotations should be submitted to the following address:

EROC-NW, CONTRACTING OFFICE

ATTN: AG-0489-S-10-0277

16400 CHAMPION WAY

SANDY, OR 97055

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

23 Road Resurfacing

Mt St Helens National Volcanic Monument Gifford Pinchot National Forest

Skamania County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

30322

Road reconditioning, compaction method B

Mile 3.6

32203

Aggregate base, grading 1” minus, compaction method C (Government Furnished Material)

Square Yard 29,059

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

PART I – THE SCHEDULE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

This project includes sub-grade preparation, ditch maintenance, haul route maintenance, traffic control, hazard tree falling, hauling, placing, watering and compaction of government provided aggregate.

The magnitude of construction for this acquisition is between $100,000 and $250,000.

The Government intends to award a firm fixed price contract.

C-2 Project Location

This project is located on Forest Road 23 between mile post 33.5 (approximate) and 35.65 (Forest Service road 90 and 23 junction) on the Mt St Helens National Volcanic Munument in the Gifford Pinchot NF. The aggregate source is a stockpile located in Baby Shoe Quarry off Forest Service roads 2300335 and 2300337. See attached vicinity map on sheet 2 of plans for locations.

C-3 Schedule

The Contractor shall complete all work within 30 calendar days after the effective date of the Notice to Proceed.

C-4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-5 Statement of Work Table of Contents

Table of Contents

Preface

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations.

101.04 Definitions.

102 - Bid, Award, and Execution of Contract

102 Bid, Award, and Execution of Contract

103 - Scope of Work

104 - Control of Work

104.03 Specifications and Drawings

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material Sources.

105.05 Use of Material Found in the Work.

106 - Acceptance of Work

106.01 Conformity with Contract Requirements.

107 - Legal Relations and Responsibility to the Public

107.02 Protection and Restoration of Property and Landscape

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

108 - Prosecution and Progress

109 - Measurement and Payment

109.02 Measurement Terms and Definitions.

151 - Mobilization

153 - Contractor Quality Control

153.04 Records.

155 - Schedules for Construction Contracts

156 - Public Traffic

171 - Weed and Disease Prevention

303 - Road Reconditioning

303.01 Work.

303.05 Roadbed Reconditioning.

303.06 Aggregate Surface Reconditioning.

303.06 Asphalt and Aggregate Surface Reconditioning.

303.10 Measurement

322 - Minor Crushed Aggregate

Preface

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

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.

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

101.04 Definitions.

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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.

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.

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.

Figure 101-1—Illustration of road structure terms.

102 Bid, Award, and Execution of Contract

103 - Scope of Work

Deletions

104 - Control of Work

Deletions

104.03 Specifications and Drawings.

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

105 - Control of Material

105.02 Material Sources.

105.02(a) Government-provided sources.

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05 Use of Material Found in the Work.

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.

106 - Acceptance of Work

106.01 Conformity with Contract Requirements.

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 more strict.

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

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

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

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

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

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

(1) Sampling method;

(2) Number of samples;

(3) Sample transport;

(4) Test procedures;

(5) Testing laboratories;

(6) Reporting;

(7) Estimated time and costs; and

(8) Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

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

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

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

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

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

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

106.07 Delete

107 - Legal Relations and Responsibility to the Public

1. To prevent contamination, equipment used around waterbodies shall be free of external petroleum‑based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

2. Fresh concrete, concrete by‑products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

3. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

Other

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

Non-Emergency Water Withdrawal

107.02 Protection and Restoration of Property and Landscape.

MEMORANDUM OF UNDERSTANDING

Between Washington State Department of Fish and Wildlife And USDA Forest Service, Pacific Northwest Region Regarding Hydraulic Projects Conducted by USDA Forest Service, Pacific Northwest Region This Memorandum of Understanding (MOU) is hereby entered into by and between the Washington State Department of Fish and Wildlife, hereinafter referred to as WDFW, and the USDA Forest Service, Pacific Northwest Region, hereinafter referred to as the Forest Service.

PURPOSE

The purpose of this MOU is to set forth the understanding reached between the WDFW and the Forest Service for Forest Service hydraulic projects on lands administered by the Forest Service within the State of Washington. There are differing legal views regarding the jurisdiction of WDFW over Forest Service activities that may affect waterbodies within the State of Washington. The WDFW maintains that hydraulic projects conducted within the State of Washington require the approval of WDFW prior to the start of the project pursuant to Chapter 77.55 RCW. The Forest Service maintains that there has not been a waiver of Federal sovereign immunity requiring such authorization for its projects.

SCOPE

Hydraulic projects subject to this MOU are those projects that involve work that will use, divert, obstruct, or change the natural flow, bed, or banks of any perennial or intermittent fresh or salt waters (waterbodies) and where the design and implementation are under the direct control of the Forest Service. Projects that are designed and implemented on National Forest System lands by other entities, where the Forest Service is not primarily responsible for implementation or contract administration, are not covered by this MOU.

STATEMENT OF MUTUAL BENEFITS AND INTERESTS

The WDFW has been established by the laws of the State of Washington to provide an adequate and flexible system for the management and protection of fish and aquatic resources of the state, and for the protection, maintenance, and enhancement of viable habitat for the perpetuation of these species;

The Forest Service, under the laws of the United States and regulations of the Secretary of Agriculture, is responsible for the protection, maintenance, and enhancement of water quality and aquatic habitat on National Forest System lands;

The WDFW and Forest Service share a common objective to protect, maintain, and enhance water, fish, and aquatic resources, and recognize their mutual desire to continue a long-standing working relationship;

The WDFW and Forest Service share the common purpose of developing, maintaining, and managing all of the natural resources in the best interests of the citizens of Washington and of the United States;

Therefore, in consideration of the above premises, the agencies agree to work in a cooperative spirit while carrying out their respective programs for the good of fish, water, and aquatic resources as follows:

FOREST SERVICE AGREES:

1. To recognize the WDFW is responsible for the protection, perpetuation, and management of fish life in the State of Washington. Fish life means all fish species, including but not limited to food fish, shellfish, game fish, and other nonclassified fish species and all stages of development of those species.

2. To coordinate and collaborate with WDFW on Forest Service hydraulic projects that may have an impact on fish and fish habitat in the State of Washington.

3. To encourage holders of special use permits, easements, rights-of-way or other occupancy authorities on National Forest System lands to acquire individual HPAs, as necessary, for their non-Forest Service projects.

WDFW AGREES:

1. To recognize the Forest Service as being responsible for the protection and enhancement of aquatic resources on National Forest System lands.

2. To recognize the Forest Service has multiple statutory requirements, regulatory direction, and authorities that provide a substantial amount of protection to aquatic resources.

IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT:

1. Both WDFW and the Forest Service possess substantial expertise in fish and fish habitat, engineering, and hydraulic project design and implementation.

2. The Forest Service’s objective is to meet or exceed the intent of WDFW’s standards and guidelines for fish and fish habitat for all Forest Service hydraulic projects.

3. The Forest Service shall notify WDFW of proposed Forest Service hydraulic projects by sending a National Environmental Policy Act (NEPA) scoping letter to the appropriate WDFW Regional Habitat Program Manager to for those hydraulic projects for which a scoping letter is issued. The scoping letter shall include project name, location, proposal description, and anticipated decision date in sufficient detail to enable WDFW to identify possible impacts to fish and fish habitats.

4. Communication and collaboration between the Forest Service and WDFW regarding Forest Service hydraulic projects will be critical to the successful implementation of this MOU. Forest Service aquatics personnel and WDFW Area Habitat Biologists are encouraged to discuss Forest Service projects, to work cooperatively on project designs, and to review ongoing or completed projects.

5. Appendix A of this MOU provides design and implementation standards for common types of Forest Service hydraulic projects.

6. Appendix B of this MOU provides a process for implementing types of Forest Service hydraulic projects that are not described in Appendix A, or for projects that do not meet both the general provisions and the project specific provisions specified in Appendix A. For these projects the Forest Service shall collaborate with WDFW to develop appropriate project designs and implementation provisions on a site-specific basis.

7. Appendix C of this MOU provides a process for implementing hydraulic projects conducted in response to emergency situations where immediate action is required to protect life, public or private property, or prevent serious environmental degradation arising from weather, high stream flows, other natural conditions, or fire.

8. Appendix D describes work periods for Forest Service hydraulic projects in this MOU.

9. Disputes regarding hydraulic projects within the scope of this MOU shall be resolved at the field level in a cooperative and professional manner. In the event that issues cannot be resolved by field personnel in consultation with technical experts within the two agencies, the parties agree to elevate the issues of concern through equivalent levels of each organization until the conflict is resolved. Unless the conflict involves an emergency action per Appendix C, or a project delay may cause substantial damage to public resources or risk to public safety the Forest Service will consider delaying any disputed hydraulic projects until conflicts are resolved. If the Forest Service makes the decision to proceed with a disputed project without reaching agreement with WDFW, the rationale for the decision shall be documented in a letter from the Forest Service Line Officer to the WDFW Regional Habitat Program Manager.

10. By March 31st of each year the Forest Service shall submit an annual report to WDFW summarizing the Forest Service hydraulic projects that were completed under this MOU within the preceding calendar year. The report shall include general project types, amount of activity, and project locations. Data will be developed from existing databases such as Interagency Restoration Database (IRDA), National Resources Information System (NRIS) and Information Infrastructure Project (INFRA).

11. This agreement is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this agreement will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This agreement does not provide such authority. Specifically, this MOU does not establish authority for noncompetetive award to the cooperator of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.

12. This agreement in no way restricts the Forest Service or WDFW from participating in similar activities with other public or private agencies, organizations, and individuals.

13. Any information furnished to the Forest Service under this MOU is subject to the Freedom of Information Act (5 U.S.C. 552).

14. This MOU is executed as of the last signature and is effective through January 31, 2010, at which time it will expire unless extended.

15. Modifications within the scope of the MOU shall be made by mutual consent of the parties, by issuance of a written modification, signed and dated by all parties, prior to any changes being performed.

16. Either party, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration.

17. The principal contacts for this MOU are:

Assistant Director

Director

Habitat Program

Natural Resources

Washington Department of Fish and Wildlife

USDA Forest Service

600 Capitol Way N.

Pacific Northwest Region

Olympia, WA 98502

PO Box 3623

(360) 902-2534

Portland, OR 97208

(503) 808-2955

18. The Forest Service and WDFW are currently engaged in settlement negotiations related to United States v. Washington, No. C70-9213, Subproceeding No. 01-1 (W.D. Wash.). If a settlement is reached, the terms of this MOU may need to be amended to reflect the terms of the settlement, and, it may affect the management of Forest Service culverts within Water Resource Inventory Areas 1-23 as defined in Section 173-500-040 of the Washington Administrative Code.

APPENDIX A. PROVISIONS AND STANDARDS FOR COMMON TYPES OF FOREST SERVICE HYDRAULIC PROJECTS

Hydraulic Projects Covered by Appendix A

Hydraulic project types which are included in Appendix A and which adhere to all applicable general and project-specific provisions may be implemented without further input on project design or implementation standards by WDFW Area Habitat Biologist and without further documentation, except annual reporting, by the Forest Service. Projects which include minor modifications of the provisions in this appendix may also be implemented under Appendix A so long as the modifications have been coordinated with and agreed to by WDFW. Minor modifications are defined as changes that are unlikely to cause adverse effects to fish life. WDFW shall complete the coordination and transmit written documentation of agreements on minor modifications to project provisions to the Forest Service within 45 days of a request for collaboration.

Freshwater hydraulic projects conducted under Appendix A shall normally be implemented only during the work periods outlined in Appendix D. Because we recognize that local information may shift appropriate work windows, other timing will be allowed on a site-specific basis if Forest Service fisheries personnel and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat. Agreed upon adjustments to work periods will be considered a “minor modification” to project provisions and will not exclude the project from being implemented under Appendix A.

The Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager if it becomes aware that project activities occur that do not adhere to Appendix A provisions. Additionally, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager of project activities that do adhere to these provisions but that may result in unanticipated fish or fish habitat damage.

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill over a culvert that is in place. These projects are still bound by the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside of the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing waters are not subject to the work periods specified in Appendix D unless the USFS fish biologist determines the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

5. Any pump used for diverting water from a fish‑bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the waterbody through the pump intake.

6. Fish within construction sites that will be dewatered or isolated from the main waterbody shall be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all inwater activities.

7. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

8. Alteration or disturbance of the bed, banks, and bank vegetation of waterbodies shall be minimized and limited to that necessary to construct the project.

9. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into waterbody. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

10. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

11. Wastewater from project activities shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

Heavy Equipment

12. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

13. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

14. To prevent contamination, equipment used around waterbodies shall be free of external petroleum‑based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

15. Fresh concrete, concrete by‑products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

16. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

Other

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

Non-Emergency Water Withdrawal NOTE: Water withdrawal projects include removal of water from streams, lakes or ponds for non-emergency uses such as road dust abatement. Water is generally removed by pumping at established “pump chances” or “pumper shows” although it may also be withdrawn by other means.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting water diversion projects.

1. Only non-emergency fire response and non-emergency pumping of water and construction of associated small sandbag or gravel berm dams with hand tools are included under Appendix A.

2. The location, pumping rate, and duration of non-emergency water withdrawals shall be designed to minimize aquatic impacts. Non-emergency pumping shall not reduce streamflows to the detriment to fish life.

3. Any pump used for withdrawing water from fish‑bearing waterbodies shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from waterbodies through the pump intake.

4. Temporary gravel berm dams shall be constructed of gravels available on‑site within the bankfull channel, or of clean, round gravel transported to the site.

5. No dirt from outside the bankfull channel shall be used to seal the dam and no logs or woody material within the bankfull channel shall be utilized for construction of the temporary dam.

6. Temporary sandbag or gravel berm dams shall be completely dismantled and the streambed restored to its original condition following completion of withdrawal.

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

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

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

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

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

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

· Containment procedures.

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

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

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

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

108 - Prosecution and Progress

109 - Measurement and Payment

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

153 - Contractor Quality Control

153.04 Records.

155 - Schedules for Construction Contracts

156 - Public Traffic

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

Description

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

Material

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

Construction sign panels

Retro-reflective sheeting

718.01

Temporary concrete barrier

Temporary plastic fence

710.11

Temporary traffic control devices

718.22

156.03 General. Unless otherwise provided for in Table 156-1, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will adequately accommodate traffic. Delays may not exceed 5 minutes at any one time followed by an open period of no less than 1 minutes.

Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan has been approved. Post construction signs and traffic control devices in conformance with MUTCD. All required signs will be in place and approved prior to beginning work on project.

If the Contractor agrees in writing to allow public traffic to use a new road being constructed prior to completion, it will be considered an existing road for traffic control purposes.

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

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

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

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

(d) Relocate temporary traffic control devices as necessary.

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

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

(g) Keep temporary traffic control devices clean.

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

(i) When required, use flaggers certified by the American Traffic Safety Services Association, the National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags. Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.

156.05 Temporary Closures. Road segments may be closed as shown in Table 156-1. The maximum consecutive days of closure shall be followed by a minimum number of consecutive days open to traffic as shown. Maintain traffic control devices during closure period(s). Appropriate barricades and signs will be erected and maintained as shown in the traffic control plan or as otherwise designated.

Prior to closing roads during construction, give written notice to the Contracting Officer at least 10 days in advance.

Table 156-1

Temporary Road Closures

N/A

156.06 Acceptance. Public traffic work will be evaluated under Subsection 106.02.

Measurement and Payment

156.07 Do not measure Public Traffic for payment. Compensation is made as an indirect payment.

171 - Weed and Disease Prevention

Description

171.01 This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Material

171.02 Conform to the following Subsection:

Water

725.01

Construction Requirements

171.03 General . Notify the CO in writing at least 15 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the CO with an opportunity to monitor the washing and inspection.

171.04 Equipment. Use a high pressure washing system.

For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. If the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner. Do not mix soaps, detergents, or other chemicals with the wash water.

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

171.05 Washing. Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

171.06 Inspection. Inspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

171.07 Acceptance. Weed prevention will be evaluated under Subsection 106.02.

Measurement

171.08 Do not measure weed prevention for payment.

Payment

171.09 Include all costs associated with the Section 171-Weed Prevention in the unit price for Section 151-Mobilization.

303 - Road Reconditioning

303.01 Work.

This work consists of reconditioning ditches, shoulders, roadbeds, cattleguards, asphalt surfaces, and aggregate surfaces.

303.05 Roadbed Reconditioning.

303.05 Roadbed Reconditioning. Repair soft and unstable areas according to Subsection 204.07. Remove all organic and deleterious material larger than 4 inches from the scarification depth specified. Dispose of waste according to Subsection 204.14. Scarify to the width and depth shown on the drawings, remove surface irregularities, and shape to provide a uniform surface. Finish earth surfaces to within 0.2 feet and rock surfaces to within 0.10 feet of the required line, cross-section, and grade.

Dispose of rock larger than 4 inches brought to the surface during scarification in areas designated on the plans.

For portions of roads not requiring scarification, the roadbed may contain rocks larger than 4 inches provided they do not extend above the finished roadbed surface. Reduce in place or remove rock extending above the finished roadbed surface. Dispose of removed rock in areas designated on the plans.

303.06 Aggregate Surface Reconditioning.

303.06 Asphalt and Aggregate Surface Reconditioning.

Repair soft and unstable areas to the full depth of the aggregate surface and according to Subsection 204.07. Scarify to the depth of the aggregate surface or to a depth of 6 inches, whichever is less, and remove surface irregularities. Reshape, finish, and compact the entire aggregate surface according to Subsection 301.05, Subsection 321.05, or Subsection 322.05 as applicable.

For asphalt surfaces, clean the existing surface of all loose material, dirt, or other deleterious substances by approved methods. Remove and dispose of unsuitable material that shows evidence of distress, excess asphalt material, or settlement in the roadbed. Patch the areas with approved material that conforms to and is compatible with the adjacent pavement structure. Perform the patch work according to Section 301, 404, 430, or other sections as applicable for the layer or courses being repaired. Clean and seal cracks in the existing asphalt surface according to Subsection 414.05. Correct surface irregularities exceeding 6 inches in depth with a specified aggregate. Place and compact the aggregate according to Subsections 301.04 and 301.05. Prelevel other dips, depressions, sags, excessive or nonexistent crown, or other surface irregularities with asphalt concrete according to Section 404. Spread and compact the asphalt concrete in layers parallel to the grade line not to exceed 2 inches in compacted depth.

Table 303-1

Sampling and Testing Requirements Reporting

Time

Split

Sample

Sampling

Frequency

for conformance (106.04)

303.10 Measurement

Modify the second paragraph as follows:

Measure ditch reconditioning and shoulder reconditioning by the mile, station, or foot horizontally along the centerline of the roadway for each side of the roadway.

Modify the third paragraph as follows:

Measure road reconditioning, aggregate surface reconditioning, roadway reconditioning, and pulverizing by the mile, station, foot, or square yard. Measure horizontally along centerline of roadway. Measure the square yard area on horizontal plane. Do not measure isolated areas less than 20 square yards.

322 - Minor Aggregate Courses

Description

322.01 This work consists of constructing one or more courses of aggregate on a prepared surface. Work includes producing aggregate by grid rolling, screening, or crushing methods, or placing pit-run or Government-furnished aggregate.

Surface aggregate grading is designated as shown in Table 703-3.

Subbase and base aggregate grading is designated as shown in Table 703-2.

Screened aggregate grading is designated as shown in Table 703-16.

Material

322.02 Conform to the following Subsections:

Aggregate

703.05

Water

725.01

Construction Requirements

322.03 General. Prepare the surface on which the aggregate course is placed according to Section 204 or 303 as applicable.

Request approval of the roadbed in writing before placing aggregate.

Develop, haul, and apply water in accordance to Section 170.

Submit target values within the gradation ranges shown in Table 703-2 or 703-3 for the required grading. After reviewing the proposed target values the CO will determine the final values for the gradation and notify the Contractor in writing.

No quality requirements or gradation other than maximum size will be required for pit run and grid-rolled material. For grid rolling, use all suitable material that can be reduced to maximum size.

After processing on the road, remove all oversize material from the road and dispose of it as directed by the CO.

If the aggregate is produced and stockpiled before placement, handle and stockpiled according to Section 320. Establish stockpile sites at approved locations.

322.04 Mixing and Spreading. Mix the aggregate and adjust the moisture content to obtain a uniform mixture with a moisture content suitable for the specified compaction method. Spread and shape the mixture on the prepared surface in a uniform layer with no segregation of size, and to a loose depth that will provide the required compacted thickness.

Do not place in layers exceeding 6 inches in…