Attachment A eastside_Specs.pdf

Specifications

PREFACE

These Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Federal Highway Administration. These specifications are cited as “FP-03 U.S.

Customary Units” indicating “Federal Project” Standard Specifications issued in 2003 and converted to

United States customary measure units. U.S. customary units were previously referred to as English units and are the units of measurement customarily used in the U.S. today.

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

Forest System Roads.

Section 101 – Terms, Format, and Definitions

Section 103 – Scope of Work

Section 104 – Control of Work

Section 105 – Control of Material

Section 106 – Acceptance of Work

Section 107 – Legal Relations and Responsibility to the Public

Section 109 – Measurement and Payment

Section 151 – Mobilization

Section 203 – Removal of Structures and Obstructions

Section 204 – Excavation

Section 211 – Roadway Obliteration

Section 251 – Riprap

Section 622 – Rental Equipment

Section 625 – Turf Establishment

Section 705 – Rock

Section 713 – Roadside Improvement Material

Section 815 – Noxious Weed Treatment

Section 101. – TERMS, FORMAT, AND DEFINITIONS

101.01 Meaning of Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject, "the Contractor," is implied. Also implied in this language are "shall," "shall be," or similar words and phrases. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project. Wherever "directed," "required," "prescribed," or other similar words are used, the

"direction," "requirement," or "order" of the Contracting Officer is intended. Similarly, wherever

"approved," "acceptable," "suitable," "satisfactory," or similar words are used, the words mean

"approved by," "acceptable to," or "satisfactory to" the Contracting Officer. The word "will" generally pertains to decisions or actions of the Contracting Officer.

101.02 Specifications Format. These specifications are divided into 10 Divisions.

Division 100 consists of general contract requirements for which no direct payment is made. The requirements contained in Division 100 are applicable to all contracts.

Division 150 consists of project contract requirements that are applicable to all contracts. Work under

Division 150 is paid for directly or indirectly according to Subsection 109.05 and the Section ordering the work. When there is no pay item in the bid schedule, no direct payment is made.

Divisions 200 through 600 consist of construction contract requirements for specific items of work.

Work under these Divisions is paid for directly or indirectly according to Subsection 109.05 and the

Section ordering the work. When there is no pay item in the bid schedule, no direct payment is made.

Division 700 contains the material requirements for Divisions 150 through 600. No direct payment is made in Division 700. Payment for material is included as part of the work required in Divisions 150 through 600. The first three digits of the pay item number in the Bid Schedule identify the Section under which the work is performed.

101.03 Abbreviations. Whenever these abbreviations are used in the specifications, they represent the following:

(a) Acronyms.

AA — Aluminum Association

AAN — American Association of Nurserymen

AAR — Association of American Railroads

AASHTO — American Association of State Highway and Transportation Officials

ACI — American Concrete Institute

ACPA — American Concrete Pavement Association

ADA — Americans with Disabilities Act

AGC — Associated General Contractors of America

AFPA — American Forest and Paper Association

AI — Asphalt Institute

AIA — American Institute of Architects

AISC — American Institute of Steel Construction

AISI — American Iron and Steel Institute

AITC — American Institute of Timber Construction

ANSI — American National Standards Institute

APWA — American Public Works Association

ARA — American Railway Association

AREA — American Railway Engineering Association

ARTBA — American Road and Transportation Builders Association

ASCE — American Society of Civil Engineers

ASCII — American Standard Code for Information Interchange

ASLA — American Society of Landscape Architects

ASTM — American Society for Testing and Materials

ATSSA — American Traffic Safety Services Association

AWPA — American Wood Preservers Association

AWS — American Welding Society

AWWA — American Water Works Association

CFR — Code of Federal Regulations

CO — Contracting Officer and all representatives

CRSI — Concrete Reinforcing Steel Institute

FAR — Federal Acquisition Regulations (48 CFR Chapter 1)

FHWA — Federal Highway Administration

FICA — Federal Insurance Contributions Act

FLH — Federal Lands Highways

FSS — Federal Specifications and Standards

FTMS — Federal Test Method Standard

FUTA — Federal Unemployment Tax Act

GSA — General Services Administration

IEEE — Institute of Electrical and Electronic Engineers

ISO — International Organization for Standardization

ISSA — International Slurry Surfacing Association

ITE — Institute of Transportation Engineers

MIL — Military Specifications

MPI — Master Painters Institute

MSHA— Mine Safety and Health Administration

MUTCD — Manual on Uniform Traffic Control Devices (for Streets and Highways)

NCHRP — National Cooperative Highway Research Program

NEMA — National Electrical Manufacturer's Association

NESC — National Electrical Safety Code

NFPA — National Forest Products Association

NIST — National Institute of Standards and Technology

OSHA — Occupational Safety and Health Administration

PCA — Portland Cement Association

PCI — Prestressed Concrete Institute

PVC — Polyvinyl Chloride

PTI — Post-Tensioning Institute

SAE — Society of Automotive Engineers

SF — Standard Form

SI — International System of Units

SSPC — Steel Structures Painting Council

TAR — Transportation Acquisition Regulations (48 CFR Chapter 12)

UL — Underwriter's Laboratory

U.S. — United States of America

USC — United States Code

USGS — United States Geological Survey

USPS — United States Postal Service

WCLIB — West Coast Lumber Inspection Bureau

(b) SI symbols.

A — ampere electric current cd — candela luminous intensity

ºC — degree Celsius temperature d — day time g — gram mass h — hour time

H — Henry inductance ha — hectare area

Hz — hertz (s-1) frequency

J — joule (N•m) energy

K — kelvin temperature

L — liter volume lx — lux illuminance m — meter length m2 — square meter area m3 — cubic meter volume min — minute time

N — newton (kg•m/s2) force

Pa — pascal (N/m2) pressure s — second time t — metric ton mass

V — volt (W/A) electric potential

W — watt (J/s) power

Ω — ohm V/A electric resistance

º — degree plane angle

' — minute plane angle

" — second plane angle

(c) SI prefix symbols.

E — exa 1018

P — peta 1015

T — tera 1012

G — giga 109

M — mega 106 k — kilo 103 c — centi 10-2 m — milli 10-3 mp — Milepost µ — micro 10-6 n — nano 10-9 p — pico 10-12 ppm — Part Per Million f — femto 10-15 a — atto 10-18

(d) Slope notation (vertical : horizontal). For slopes flatter than 1V:1H, express the slope as the ratio of one unit vertical to a number of units horizontal. For slopes steeper than 1V:1H, express the slope as the ratio of a number of units vertical to one unit horizontal.

101.04 Definitions. The following definitions apply to this contract:

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.

Award — The written acceptance of a bid by the CO.

Backfill — Material used to replace or the act of replacing material removed during construction.

Material placed or the act of placing material adjacent to structures.

Base — The layer or layers of material placed on a subbase or subgrade to support a surface course.

Bid — A written offer by a bidder to perform work at a quoted price.

Bidder — Any individual or legal entity submitting a bid.

Bid Guarantee — A form of security assuring that the bidder will not withdraw a bid within the period specified for acceptance and will execute a written contract and furnish required bonds.

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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

Clear Zone — The portion of the roadside, including the shoulder, available for the safe use by an errant vehicle in which the driver may regain control of the vehicle. Recommended distances for the clear zone are in the AASHTO Roadside Design Guide.

Commercial Certification — See Subsection 106.03.

Construction Limits — The limits on each side of the project that establish the area disturbed by construction operations and beyond which no disturbance is permitted.

Typically the construction limits are the same as the clearing limits, except when additional clearing is required.

Contract — The written agreement between the Government and the Contractor setting forth the obligations of the parties for the performance of and payment for the prescribed work.

Contracting Officer (CO) — An official of the Government with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contract Modification — Any written change in the terms of the contract. Contract modifications are of the following forms:

(a) Administrative change. A unilateral contract change, in writing, that does not affect the substantive rights of the parties (e.g., a change in the paying office or the appropriation data).

(b) Change order. A written order, signed by the CO, directing the Contractor to make a change that FAR Clause 52.243-4 Changes authorizes the CO to order without the Contractor's consent.

(c) Supplemental agreement. A contract modification that is accomplished by the mutual action of the parties.

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”.

Contract Time — The specified time allowed for completion of all contract work.

Crashworthy — A highway feature is crashworthy if it was successfully crash tested under the NCHRP

Report 350, Recommended Procedures for the Safety Performance Evaluation of Highway Features or earlier comparable criteria or if it was accepted through analysis by FHWA, based on similarity to other crashworthy features. A list of crashworthy highway features is available on the FHWA Safety website.

Cross-Section — A vertical section of the ground or structure at right angles to the centerline or baseline of the roadway or other work.

Culvert--No definition.

Day — Each and every day shown on the calendar, beginning and ending at midnight.

Density — Mass per unit volume of material. Specific gravity multiplied by the unit mass of water.

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”.

Detour — A temporary rerouting of public traffic onto alternate existing roadways in order to avoid the work or part of the work.

Diversion — A temporary rerouting of public traffic onto a temporary alignment within the project limits in order to bypass the work or a portion of the work.

Drawings — Design sheets or fabrication, erection, or construction details submitted to the Government by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction.

Also refers to submissions and submittals.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of

Agriculture.

Government — The Government of the United States of America.

Highway, Street, or Road — A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Layer — See "lift."

Lift — Defined as follows:

(a) When placing and compacting soils and aggregates, a lift is any single, continuous layer of material that receives the same compactive effort throughout during a single work operation.

(b) When installing culvert pipe less than or equal to 48 inches in diameter, the backfill material placed on both sides of the pipe is considered to be contained in the same lift when the material is placed to the same elevation on both sides of the culvert, the compactive effort applied to one side of the culvert is the same as that applied to the other, and the compactive effort is applied to both sides of the pipe in a continuous operation.

Material — Any substances specified or necessary to satisfactorily complete the contract work.

Maximum Particle Size — The smallest sieve opening through which all particles in the material will pass.

Measurement — The process of identifying the dimensions, quantity, or capacity of an item. See

Section 109 for measurement methods, terms, and definitions.

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

Notice to Proceed — Written notice to the Contractor to begin the contract work.

Pavement Structure — The combination of subbase, base, paving geotextiles, and surface courses placed on a subgrade to support and distribute the traffic load to the roadbed.

Pay Item — A specific item of work for which a unit and price is provided in the contract.

Payment Bond — The security executed by the Contractor and surety or sureties and furnished to the

Government to ensure payments as required by law to all persons supplying labor or material according to the contract.

Performance Bond — The security executed by the Contractor and surety or sureties furnished to the

Government to guarantee completion of the contract work.

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

Plans — The contract plans furnished by the Government showing the location, type, dimensions, and details of the work.

Production Certification — See Subsection 106.03.

Professional Engineer — Engineers who hold valid State licenses permitting them to offer engineering services directly to the public, who are experienced in the work for which they are responsible, who take legal responsibility for their engineering designs, and who are bound by a code of ethics to protect the public health.

Profile Grade — The trace of a vertical plane intersecting a particular surface of the proposed road construction located as shown on the plans, usually along the longitudinal centerline of the roadbed.

Profile grade means either elevation or gradient of the trace according to the context.

Project — The specific section of the highway or other property on which construction is to be performed under the contract.

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.

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.

Roadbed — The graded portion of a highway prepared as a foundation for the pavement structure and shoulders.

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.

Roadside — All area within the right-of-way excluding the traveled way and shoulders.

Roadway — In general, the portion of a highway, including shoulders, for vehicular use.

A divided highway has two or more roadways. In construction specifications, the portion of a highway within the construction limits.

Roadway Prism — The volume defined by the area between the original terrain crosssection and the final design cross-section multiplied by the horizontal distance along the centerline of the roadway.

Roller Pass — One trip of a roller in one direction over any one spot.

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.

Shoulder — The portion of the roadway contiguous to the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of the pavement structure.

Sieve — See AASHTO M 92.

Solicitation — The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Special Contract Requirements — Additions and revisions to the standard specifications applicable to an individual project.

Specifications — The written requirements for performing work.

Standard Forms — Numbered forms issued by the General Services Administration for use as contract documents.

Standard Plans — Detailed plans approved for repetitive use and included as part of the plans.

Standard Specifications — The Standard Specifications for Construction of Roads and

Bridges on Federal Highway Projects approved for general application and repetitive use.

Station — (1) A measure of distance used for highways and railroads. A station is equal to 100 feet. (2)

A precise location along a survey line.

Structures — Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other constructed features that may be encountered in the work.

Subbase — The layer or layers of material placed on a subgrade to support a base.

Subcontract — The written agreement between the Contractor and an individual or legal entity prescribing the performance of a specific portion of the work.

Subcontractor — An individual or legal entity with which the Contractor sublets part of the work. This includes all subcontractors in any tier.

Subgrade — The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed.

Substantial Completion — The point at which the project is complete such that it can be safely and effectively used by the public without further delays, disruption, or other impediments. For conventional bridge and highway work, the point at which all bridge deck, parapet, pavement structure, shoulder, drainage, sidewalk, permanent signing and markings, traffic barrier, safety appurtenance, utility, and lighting work is complete.

Substructure — All of the bridge below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames including backwalls, wingwalls, and wing protection railings.

Suitable Material — Rock or earth material that will provide stable foundations, embankments, or roadbeds, and is reasonably free of organic matter, roots, muck, sod, or other detrimental material.

Suitable material may require drying or adding water, root picking, and other methods of manipulation before use. Suitable material includes the classifications of materials for which the project was designed.

Superintendent — The Contractor's authorized representative in responsible charge of the work.

Superstructure — The entire bridge except the substructure.

Surety — An individual or corporation legally liable for the debt, default, or failure of a Contractor to satisfy a contract obligation.

Surface Course — The top layer or layers of a pavement structure designed to accommodate the traffic load and resist skidding, traffic abrasion, and weathering.

Target Value (TV) — A number established as a center for operating a given process.

Once established, adjustments should be made in the process as necessary to maintain a central tendency about the target value. Test results obtained from a well-controlled process should cluster closely around the established target value and the mean of the test results should be equal to or nearly equal to the established target value.

Traveled Way — The portion of the roadway designated for the movement of vehicles, including curve widening, exclusive of shoulders.

Unsuitable Material — Material not capable of creating stable foundations, embankments, or roadbeds.

Unsuitable material includes muck, sod, or soils with high organic contents.

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

Work — The furnishing of all labor, material, equipment, and other incidentals necessary to successfully complete the project according to the contract.

Figure 101-1—Illustration of road structure terms.

Section 103. — SCOPE OF WORK

103.01 Intent of Contract. The intent of the contract is to provide for the construction and completion of the following work described: construct waterbars; remove culverts; place riprap, straw wattles, and straw blankets; remove embankments; seed, mulch, and fertilize disturbed areas; spray weeds; and any other work required by this contract.

(a) Description of Work.

This performance-based service contract consists of 11.9 miles of road reclamation, and noxious weed treatment of 11.2 miles on ten separate roads in accordance with the requirements specified in this

Performance Work Statement (PWS). Items of work include: broadcast spraying roads for noxious weed treatment; determining stake locations to coincide with the road logs; construction of road closure earth berms, building waterbars; Stream restorations including the removal and disposal of culverts; and seeding and mulching w/ weed free straw to all disturbed areas. Additionally, hauling and placement of riprap is required at designated stream restorations sites. All stream restoration sites require erosion control blankets and straw wattles.

All staking re-establishment will not require the same amount of effort (work). Wildlife, recreation, vegetation growth, and weather-related deterioration are known factors affecting stake longevity. All of the staking was done during the 2009 field seasons.

Noxious weed treatment will occur on portions of road scheduled for decommissioning. These segments are shown on the Vicinity Map located in the drawing file.

Noxious weed treatment shall precede all road decommissioning excavation work by 10-14 days.

Excavation work includes all waterbars, culvert removals, and ditch blocks.

(b) Project Location. The project site is located on the Hungry Horse Ranger District of the Flathead

National Forest. See the Vicinity Map included in the plans for specific locations.

(c) Start Work. It is estimated the Notice to Proceed will be issued about June 1, 2010.

(d) Period of Performance. All noxious weed treatment work shall be completed between June 1 and

July 1. All decommissioning work shall be completed no later than August 31, 2010. Contract time extensions will not be allowed.

Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Section 104. — CONTROL OF WORK

104.03 Specifications and Drawings. Follow the requirements of FAR Clause 52.236-21 Specifications and Drawings for Construction.

104.05 Load Restrictions. Follow the requirements of FAR Clause 52.236-10 Operations and Storage

Areas, paragraph (c).

Comply with all legal load restrictions when hauling material and equipment on public roads to and from the project. A special permit does not relieve the Contractor of liability for damage resulting from the moving of material or equipment.

Unless otherwise permitted, do not operate equipment or vehicles that exceed the legal load limits over new or existing structures, or pavements within the project except those pavements intended to be removed.

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.

Section 105. — CONTROL OF MATERIAL

105.01 Source of Supply and Quality Requirements. Follow the requirements of FAR Clause 52.236-

5 Material and Workmanship.

Select sources and provide acceptable material. Notify the CO of all proposed sources before delivery to the project to expedite material inspection and testing. Do not incorporate material requiring submittal into the work until approved.

Material may be approved at the source of supply before delivery to the project. Approval does not constitute acceptance. If an approved source does not continue to supply acceptable material during the life of the project, further use of that source may be denied.

105.02 Material Sources.

(a) Government-provided sources. The Government will acquire the permits and rights to remove material from provided sources identified in the contract and to use such property for a plant site and stockpiles.

Perform all work necessary to produce acceptable material including site development, preparation, erosion control, and restoration.

The quality of material in provided sources is acceptable in general, but may contain layers or pockets of unacceptable material. It is not feasible to ascertain from samples the quality of material for an entire deposit, and variations may be expected.

Determine the quantity and type of equipment and work necessary to select and produce acceptable material.

Strip and stockpile the overburden. After operations are complete, move all waste back into the source.

Neatly trim and flatten the side slopes to the extent practicable.

Spread the stockpiled overburden uniformly over the sides and bottom of the mined area. Shape the mined area to blend into the surrounding natural terrain.

Comply with the requirements of 30 CFR 56, subparts B and H. When required, re-establish vegetation in disturbed areas according to section 625.

105.04 Storing and Handling Material. Store and handle material to preserve its quality and fitness for the work. Stored material approved before storage may again be inspected before use in the work.

Locate stored material to facilitate prompt inspection.

Use only approved portions of the right-of-way for storing material and placing plants and equipment.

Provide all additional space needed. Do not use private property for storage without written permission of the owner or lessee. Furnish copies of all agreements.

Restore all Government-provided storage sites to their original condition.

The Contractor is responsible for the security of all stored material.

105.05 Use of Material Found in the Work. Material, such as stone, gravel, or sand, found in the excavation may be used. Excavate or remove material only from within the grading limits, as indicated by the slope and grade lines. The right to use and process material found in the work does not include the use and processing of material for nongovernment contract work except for the disposal of waste material. 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.

Section 106. — ACCEPTANCE OF WORK

106.01 Conformity with Contract Requirements. Follow the requirements of FAR Clause 52.246-12

Inspection of Construction.

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

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

106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

106.03 Certification. For material manufactured off-site, use a manufacturer with an ISO 9000 certification or an effective testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or specification standard to which it is produced.

Other than references in or to the FAR or Federal Law, when these Standard Specifications reference certifications; certificates; or certified documents, equipment, or individuals, these references are not certifications under Section 4301 of Public Law 104-106, National

Material accepted by certification may be sampled and tested at any time. If found not in conformance with the contract, the material will be rejected whether in place or not.

One of the following certifications may be required:

106.04 Measured or Tested Conformance. 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) 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.

Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE

PUBLIC

107.01 Laws to be Observed. Follow the requirements of FAR Clause 52.236-7 Permits and

Responsibilities.

Comply with all applicable laws, ordinances, safety codes, regulations, orders, and decrees. Protect and indemnify the Government and its representatives against any claim or liability arising from or based on the alleged violation of the same.

Comply with all permits and agreements obtained by the Government for performing the work that is included in the contract. Obtain all additional permits or agreements and modifications to Government-obtained permits or agreements that are required by the Contractor's methods of operation. Furnish copies of all permits and agreements.

107.02 Protection and Restoration of Property and Landscape. Follow the requirements of FAR

Clause 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Preserve public and private property, and protect monuments established for the purpose of perpetuating horizontal, vertical, cadastral, or boundary control. When necessary to destroy a monument, reestablish the monument according to applicable state statute or by the direction of the agency or individual who established the monument.

Do not disturb the area beyond the construction limits. Replace trees, shrubs, or vegetated areas damaged by construction operations as directed and at no cost to the Government.

Do not excavate, remove, damage, alter, or deface any archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the project to ensure that protected sites are not disturbed or damaged. Should any of these items be encountered, suspend operations at the discovery site, notify the CO, and continue operations in other areas. The CO will inform the Contractor when operations may resume at the discovery site.

Do not work within the wetted perimeter of streams before July 1 or after September 15.

107.06 Contractor's Responsibility for Work. Assume responsibility for all work until final acceptance. This includes periods of suspended work. Protect the work against injury, loss, or damage from all causes whether arising from the execution or nonexecution of the work.

Maintain public traffic according to Section 156. Rebuild, repair, restore, and make good all losses, injuries, or damages to any portion of the work. This includes losses, injuries, or damages caused by vandalism, theft, accommodation of public traffic, and weather that occurs during the contract.

The Government will only be responsible for losses, injuries, and damages to work put in place that was caused by declared enemies and terrorists of the Government and cataclysmic natural phenomenon such as tornadoes, earthquakes, major floods, and other officially declared natural disasters. The Government will only be responsible for costs attributable to repairing or replacing damaged work. The Government will not be responsible for delay costs, impact costs, or extended overhead costs.

107.07 Furnishing Right-of-Way. The Government will obtain all right-of-way.

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

29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the

National Forest.

107.10 Environmental Protection. Do not operate mechanized equipment or discharge or otherwise place any material within the wetted perimeter of any waters of the U.S. within the scope of the Clean

Water Act (33 USC § 1251 et seq.). This includes wetlands unless authorized by a permit issued by the

U.S. Army Corps of Engineers according to 33 USC § 1344, and, if required, by any State agency having jurisdiction over the discharge of material into the waters of the U.S. In the event of an unauthorized discharge:

(a) Immediately prevent further contamination;

(b) Immediately notify appropriate authorities; and

(c) Mitigate damages as required.

Comply with the terms and conditions of any permits that are issued for the performance of work within the wetted perimeter of the waters of the U.S.

Separate work areas, including material sources, by the use of a dike or other suitable barrier that prevents sediment, petroleum products, chemicals, or other liquid or solid material from entering the waters of the U.S. Use care in constructing and removing the barriers to avoid any discharge of material into, or the siltation of, the water. Remove and properly dispose of the sediment or other material collected by the barrier.

Repair leaks on equipment immediately. Do not use equipment that is leaking. Keep a supply of acceptable absorbent materials at the job site in the event of spills. Acceptable absorbent materials are those that are manufactured specifically for the containment and clean up of hazardous materials.

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.

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.

107.11 Protection of Forests, Parks, and Public Lands. Comply with all regulations of the State fire marshal, conservation commission, Forest Service, National Park Service, Bureau of Land Management, Fish & Wildlife Service, Bureau of Indian Affairs, or other authority having jurisdiction governing the protection of land including or adjacent to the project.

Section 109. — MEASUREMENT AND PAYMENT

109.01 Measurement of Work. Take and record measurements and perform calculations to determine pay quantities for invoicing for work performed. Take or convert all measurements of work according to

United States customary measure.

Unless otherwise specified, measure when the work is in place, complete, and accepted.

Measure the actual work performed, except do not measure work outside the design limits or other adjusted or specified limits (staked limits). Measure structures to the lines shown on the plans or to approved lines adjusted to fit field conditions.

Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement

Subsection of the Section controlling the work being performed. Remeasure quantities if it has been determined that any portion of the work is acceptable but has not been completed to the lines, grades, and dimensions shown on the plans or established by the CO.

Submit measurement notes to the CO within 24 hours of completing the work. For ongoing work, submit measurement notes weekly. When work is not complete, identify the measurement as being an interim measurement. Submit the final measurement when the installation is completed. Measurement notes form the basis of the Government’s receiving report (see Subsection 109.08(d)). For lump sum items, submit documentation to support invoiced progress payment on a monthly basis.

Use an acceptable format for measurement records. As a minimum, include the following information in all records of measurement:

(a) Project name and number;

(b) Contract item number;

(c) Date the work was performed;

(d) Location of the work;

(e) Measured quantity;

(f) Calculations made to arrive at the quantity;

(g) Supporting sketch and details as needed to clearly define the work performed and the quantity measured;

(h) Names of persons measuring the work;

(i) Identification as to whether the measurement is interim or final; and

(j) Signed certification statement by the persons taking the measurements, performing the calculations, and submitting them for payment that the measurement and calculations are correct to the best of their knowledge and that the quantity being measured is subject to direct payment for the identified item under the contract.

109.02 Measurement Terms and Definitions. Unless otherwise specified, the following terms are defined as follows:

(a) Acre. 43,560 square feet. Make longitudinal and transverse measurements for area computations horizontally unless specified on the ground surface. Do not make deductions from the area computation for individual fixtures having an area of 500 square feet or less.

(b) Contract quantity. The quantity to be paid is the quantity shown in the bid schedule. The contract quantity will be adjusted for authorized changes that affect the quantity or for errors made in computing this quantity. If there is evidence that a quantity specified as a contract quantity is incorrect, submit calculations, drawings, or other evidence indicating why the quantity is in error and request, in writing, that the quantity be adjusted. Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

(c) Cubic yard.

(1) Cubic yard in place. Measure solid volumes by a method approved by the CO or by the average end area method as follows:

(a) Take cross-sections of the original ground and use with design or staked templates or take other comparable measurements to determine the end areas. Do not measure work outside of the established lines or slopes.

(b) If any portion of the work is acceptable but is not completed to the established lines and slopes, retake cross-sections or comparable measurements of that portion of the work. Deduct any quantity outside the designated or staked limits. Use these measurements to calculate new end areas.

(c) Compute the quantity using the average end areas multiplied by the horizontal distance along a centerline or reference line between the end areas. Deduct any quantity outside the designed or staked limits.

(2) Cubic yard in the hauling vehicle. Measure the cubic yard volume in the hauling vehicle using three-dimensional measurements at the point of delivery.

Use vehicles bearing a legible identification mark with the body shaped so the actual contents may be readily and accurately determined. Before use, mutually agree in writing on the volume of material to be hauled by each vehicle. Vehicles carrying less than the agreed volume may be rejected or accepted at the reduced volume.

Level selected loads. If leveling reveals the vehicle was hauling less than the approved volume, reduce the quantity of all material received since the last leveled load by the same ratio as the current leveled load volume is to the agreed volume. Payment will not be made for material in excess of the agreed volume.

Material measured in the hauling vehicle may be weighed and converted to cubic yards for payment purposes if the conversion factors are mutually agreed to in writing.

(3) Cubic yard in the structure. Measure according to the lines of the structure as shown on the plans except as altered by the CO to fit field conditions. Make no deduction for the volume occupied by reinforcing steel, anchors, weep holes, piling, or pipes less than 8 inches in diameter.

(4) Cubic yard by metering. Use an approved metering system.

(d) Each. One entire unit. The quantity is the actual number of units completed and accepted.

(e) Gallon. The quantity may be measured by any of the following methods:

(1) Measured volume container.

(2) Metered volume. Use an approved metering system.

(3) Commercially-packaged volumes.

When asphalt material is measured by the gallon, measure the volume at 60 ºF or correct the volume to

60 ºF using recognized standard correction factors.

(f) Hour. Measure the actual number of hours ordered by the CO and performed by the Contractor.

(g) Linear foot. As applicable, measure the work along its length from end-to-end; parallel to the base or foundation; along the top; along the front face; or along the invert. Do not measure overlaps.

(h) Lump sum. Do not measure directly. The bid amount is complete payment for all work described in the contract and necessary to complete the work for that item.

The quantity is designated as "All." Estimated quantities of lump sum work shown in the contract are approximate.

(i) M-gallon. 1,000 gallons. Measure according to (e) above.

(j) Mile. 5,280 linear feet. Measure horizontally along the centerline of each roadway, approach road, or ramp.

(k) Pound. Measure according to Subsection 109.03. If sacked or packaged material is furnished, the net weight as packed by the manufacturer may be used.

(l) Square foot. Measure on a plane parallel to the surface being measured.

(m) Square yard. 9 square feet. Longitudinal and transverse measurements for area computations will be made horizontally. No deductions from the area computation will be made for individual fixtures having area of 9 square feet or less.

(n) Station. 100 linear feet. Measure horizontally along centerline or reference line of each roadway, approach road, or ramp.

(o) Ton. 2,000 pounds avoirdupois. Measure according to Subsection 109.03.

No adjustment in a contract unit price will be made for variations in quantity due to differences in the specific gravity or moisture content.

109.04 Receiving Procedures. When the method of measurement requires weighing or volume measurement in the hauling vehicle, furnish a person to direct the spreading and distribution of material and to record the location and placement of the material on the project. During the placement, maintain a record of each delivery and document it in an acceptable manner. Include the following information as applicable:

(a) Project identification;

(b) Contract pay item number and description;

(c) Location where placed;

(d) Date;

(e) Load number;

(f) Truck identification;

(g) Time of arrival;

(h) Mass or volume; and

(i) Spread person's signature.

Use an approved format for the delivery record(s). Furnish the original record(s) and a written certification of the delivery of the material at the end of each shift.

109.05 Scope of Payment. Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the bid schedule.

(a) Direct payment. Payment is provided directly under a pay item shown in the bid schedule when one of the following applies:

(1) The work is measured in the Measurement Subsection of the Section ordering the work, and the bid schedule contains a pay item for the work from the Section ordering the work.

(2) The Measurement Subsection, of the Section ordering the work, references another Section for measuring the work and the bid schedule contains a pay item for the…