S-10-0226_Repave_VisitorCntr_Mono.doc

9OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0226

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

23 FEB 2010

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

355058

6. PROJECT NO.

CIM-05-05R

7. ISSUED BY

CODE

U. S. FOREST SERVICE

EROC-SW Contracting

1323 Club Dr.

Vallejo, CA 94592 See Section L – Instructions, Conditions and Notices to Offerors or Respondents for offer submittal requirements

9. FOR INFORMATION

CALL:

A. NAME

Maria Yvonne Crist B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 707-562-8828

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

SPECIAL NOTICE

*RECOVERY* - This solicitation is funded in whole or part by funds from the American Recovery and Reinvestment Act (ARRA).

Price Range The Government's estimate is:

between $100,000.00 - $250,000.00

11. The Contractor shall begin performance within 10 calendar days and complete it within 40 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

The offers shall be submitted via www.fedbizopps.gov for the performance of the work required in this solicitation which is due by March 24, 2010 at 2:00 p.m, local time (pacific time).

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

E. Offers must include the following information with their offer: email address of point of contact, Tax Identification Number (TIN), and Duns and Bradstreet number (DUNS).

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

TIN #

DUNS #

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within 30 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

Carson National Forest Attn: Lisa Goodman Phone: 575-758-6372

208 Cruz Alta Rd., Taos, NM 87572

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

TABLE OF CONTENTS

PART I—THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS OR RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

MONO BASIN SCENIC AREA VISITOR CENTER PARKING IMPROVEMENTS

MONO LAKE RANGER DISTRICT

INYO NATIONAL FOREST

MONO COUNTY, CALIFORNIA

B- 1 - SCHEDULE OF ITEMS – BASE BID

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

ALL

30804

Roadway aggregate, 1 inch depth, compaction method __C___

Lump Sum

ALL

40802

Cold recycled asphalt base course grading _1_ inch minus, _3_ inch depth

Square Yard

40803

Emulsified asphalt grade _PASS R_

Ton

40904

Emulsified asphalt grade TYPE I ROAD SLURRY

BASE BID TOTAL

Square Foot

63303

Signs, 12” x 18” R7-8-12, green panels, type Aluminum sheeting

Each

63305

63401

Pavement markings type WHITE

Lump Sum

ALL

63402

Pavement markings type BLUE

OPTION ITEMS

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.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract

This contract is for the removal, reprocessing and relaying of an asphalt parking lot of approximately 32,000 sq. ft. by the use of the cold asphalt recycling method. The existing passenger vehicle parking lot is to be removed by grinding off the existing hot bituminous pavement, remixing onsite and relaying the recycled asphalt aggregate with an emulsified asphalt additive.

Bid Option Items are a road slurry seal coat to the finished surface and parking lot stripping to delineate parking locations with six (6) accessible parking sites marked on the surface and signed appropriately for accessibility.

Project Location The project location is the Mono Basin Scenic Area Visitor Center north of Lee Vining Ca. Township, 1N. , Range 26E. Section 9.

Access to the site is from U.S. Highway 395 to the east along a paved two lane road.

NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.)

Price Range The Government's estimate is:

[ ] < $25,000

[ ] $25,000 to $100,000.

[ X ] $100,000 and $250,000.

[ ] $250,000 and $500,000.

[ ] $500,000 and $1,000,000.

[ ] $1,000,000 and $5,000,000.

[ ] $5,000,000 and $10,000,000

[ ] > $10,000,000

Estimated Start Date

* May 3, 2010

Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information.

Restrictions on Work

To be determined based on the schedule and needs of the Mono Basin Visitors Center. There may be other active contracts working in the same location and some coordination and cooperation will be needed.

Worker's Compensation Insurance

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing (see also Section H, Camping Permit Compliance)

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.

Maps

INCLUDED WITH DRAWINGS

Drawings and Specifications

Project Drawings: The following drawings are part of this solicitation:

Title Sheet – page 1

General Notes – page 2

Site Plan for Paved Area – page 3

Site Plan for Stripping and Accessible Parking – page 4

Design Details for Pavement Placement – page 5

Design Details for Accessible Sign Plan – page 6

Specifications:

[ ] Construction Standard Institute (CSI) specifications

These specifications are physically incorporated in the solicitation.

[ X ] Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 (US Customary Units) This document is incorporated by reference and is available on the web in either MS Word

(http://www.wfl.fha.dot.gov/design/specs/English/FP03_USCust_final_111403.doc) or Acrobat (http://www.wfl.fha.dot.gov/design/specs/English/FP03_USCust_final_111403.pdf)

It is also available as a wire-bound book that can be purchased from the US Government Printing

Office:

Superintendent of Documents U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (toll free) 866.512.1800 Fax: 202.512.2250 Mail: Stop SSOP, Washington, DC 20402-0001

Stock Number: 050-001-00341-4 (U.S. Customary)

[ ]1996 road and bridge specifications-- Standard Specifications applicable to this project can be found in Forest Service Specifications for Construction of Roads & Bridges, August 1996 (EM-7720-100), which is incorporated by reference. The publication is available for purchase from the Superintendent of Documents, US Government Printing Office (GPO), Washington, DC 20402 (202-512-1800). The GPO stock number is 001-001-00660-2. It may also be accessed electronically at the following website address: http://www.fs.fed.us/.ftproot/pub/acad [ ] 1985 road and bridge specifications-- Standard Specifications applicable to this project can be found in Forest Service Specifications for Construction of Roads & Bridges, April 1985, which is incorporated by reference. The publication is out of print. Contact the issuing office for copies of relevant specifications.

[ ] Trail specifications-- Standard Specifications applicable to this project can be found in Standard Specifications for Construction and Maintenance of Trails, September 1996 (EM-7720-103), which is incorporated by reference. The publication is available for purchase from the Superintendent of Documents, US Government Printing Office (GPO), Washington, DC 20402 (202-512-1800). The GPO stock number is 001-001-00661-1. It may also be accessed electronically at the following website address: http://www.fs.fed.us/.ftproot/pub/acad Special Project Specifications are physically incorporated within this solicitation, beginning on the next page.

The following Standard and Special Project Specifications are applicable to this contract:

See Table of Contents for full listing of included

Specifications.

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

Table of Contents

8Table of Contents

Preface 101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.01 Meaning of Terms

101.03 Abbreviations.

101.04 Definitions.

101.04 Definitions.

101.04 Definitions.

102 - Bid, Award, and Execution of Contract 102 Bid, Award, and Execution of Contract 103 - Scope of Work Deletions 104 - Control of Work Deletions

104.06 Use of Roads by Contractor

104.07 Other Contracts.

105 - Control of Material

105.02 Material Sources.

105.02(a) Government-provided sources.

105.02(a) Government Provided Sources.

105.02(a) Government Provided Sources.

105.05 Use of Material Found in the Work.

106 - Acceptance of Work

106.01 Conformity with Contract Requirements.

106.07 Delete

107 - Legal Relations and Responsibility To the Public

107.02 Protection and Restoration of Property and Landscape.

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

107.02 Protection and Restoration of Property and Landscape

107.11 Protection of Forests, Parks, and Public Lands:

108 - Prosecution and Progress 108 Delete.

109 - Measurement and Payment 109 Deletions

109.02 Measurement Terms and Definitions.

153 - Contractor Quality Control

153.02 Contractor Quality Control Plan.

153.04 Records.

155 - Schedules for Construction Contracts 155 Delete.

156 - Public Traffic

156.03 Accommodating Traffic During Work.

156.04 Maintaining Roadways During Work.

170 - Develop Water Supply and Watering 171 - Weed and Disease Prevention 204 - Excavation and Embankment

204.09 Preparing Foundation for Embankment Construction.

204.11 Compaction.

204.13 Sloping, Shaping, and Finishing.

204.15 Acceptance

Table 204-1 Sampling and Testing Requirements.

308 - Minor Crushed Aggregate 408 - Cold Central Plant Recycling of Reclaimed Asphalt Pavement

408.02 – Table 1 Materials Table 2 Transportation – Placement – Compaction - Material Acceptance Method of Measurement

408.10 - Basis of Payment 409 - Asphalt Surface Treatment

409.02 Material.

409.06 Weather.

409.06 Date & Time.

409.08 Asphalt Application.

409.10 Fog Seal.

409.11 Single Course Surface Treatments.

Table 409-1 Approximate Quantities of Material-Single Course Surface Treatment Table 409-2 Approximate Quantities of Material – Double Course Surface Treatments

409.13 Acceptance.

Table 409-4 Sampling and Testing Requirements.

412 - Asphalt Tack Coat 633 - Permanent Traffic Control

633.02 Material.

633.03 General.

633.05 Panels.

634 - Permanent Pavement Marking

634.03 General.

635 - Temporary Traffic Control

635.03 General.

703 - Aggregate

703.05 Subbase, Base, Surface Course, and Screened Aggregate.

Table 703-2 Correction Table 703-2 Correction Table 703-7 Target Value Ranges 718 - Traffic Signing and Marking Material

718.02 Reserved.

718.02 Protective Overlay Film and Edge Film.

718.05 Aluminum Panels

718.08 (b)(2)(c)Signpost - Square tubular steel posts

718.14 (g)Waterborne Traffic Paint - Daylight reflectance

718.15 (a)Epoxy Markings Pigments

718.15 (g)Epoxy Marking - Drying Time

Preface

Preface_wo_03_15_2004_m Delete all but the first paragraph and add the following:

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

101 - Terms, Format, and Definitions

101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

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

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

Delete all references to the FAR (Federal Acquisition Regulations) in the specifications.

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

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

Add the following to (b) SI symbols:

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

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

Culvert--No definition.

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

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

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

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

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

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

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

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

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

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

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

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

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

Figure 101-1—Illustration of road structure terms.

101.04_nat_us_11_06_2007

101.04 Definitions.

Delete the following definitions:

Contract Modification

Day

Notice to Proceed

Solicitation

101.04_04_us_06_22_2009

101.04 Definitions.

Add the following:

Self Consolidating Concrete (SCC) – a highly-fluid and non-segregating concrete mixture that is able to flow and fill every part and corner of the formwork, even in the presence of dense reinforcement, purely by means of its own mass.

102 - Bid, Award, and Execution of Contract

102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work

103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, 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.

104.07_nat_us_02_17_2005

Add Subsection.

104.07 Other Contracts.

Example: The Federal Highway Administration is administering and is intending to award a contract for the reconstruction of 3 1/2 miles of Salmon la Sac Road approximately 5 miles north of this project. Schedule activities to assure no delays or interference to the operations of the Federal Highway Administration contract.

105 - Control of Material

105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

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.

105.02_nat_us_02_17_2005

105.02(a) Government Provided Sources.

If the Contractor elects to obtain material from Forest Service stockpile the following applies:

(a) Schedual times of arrival to assure access to the material.

(b) Contractor is not assured of equipment use or availability to load trucks.

(c) …

105.02_nat_us_02_17_2005

105.02(a) Government Provided Sources.

There is no charge for material taken from Forest Service designated stockpile.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

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

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

106 - Acceptance of Work

106.01_nat_us_07_31_2007

106.01 Conformity with Contract Requirements.

Delete Subsection 106.01 and substitute the following:

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

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

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

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is 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 Contracting Officering basis. The CO will determine disposition of the nonconforming work.

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility To the Public

107.02_nat_us_02_17_2005

107.02 Protection and Restoration of Property and Landscape.

Add the following:

Examples: (Include language to clarify or interpret permit or other requirements).

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

Do not work within 1000 feet of an occupied dwelling on any legal holiday or between 12 noon Saturday and 6 a.m. the following Monday.

Do not work (except hauling material) within 1500 feet of osprey nests between March 1 and May 31. No known active nests were located within the 1500 feet limit as of June 15, 1991. If a new nest is found, suspend work (except hauling material) within 1500 feet of the nest location. See Subsection 108.06.

107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

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

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

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

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

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

· Containment procedures.

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

· 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.

107.10_05_us_05_04_2007

107.02 Protection and Restoration of Property and Landscape

Add the following:

Meet the requirements chapters 10, 11, and 12.2 in their entirety of “Water Quality Management for National Forest System Lands in California Best Management Practices” dated September 2000

107 - Legal Relations and Responsibility To the Public

107.11_nat_us_02_17_2005

107.11 Protection of Forests, Parks, and Public Lands:

Add the following:

Add appropriate fire plan and equipment language.

See Fire Plan for Contractor requirements for this section.

108 - Prosecution and Progress

108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment

109.00_nat_us_02_17_2005

109 Deletions

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

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”.

Add the following definition:

(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

153.02_nat_us_02_17_2005

153.02 Contractor Quality Control Plan.

Add the following:

Submit written proposals for approval of alternate AASHTO or State approved test methods. Alternate methods may be allowed based on documented equivalence to the specified method.

153.04_nat_us_10_24_2007

153.04 Records.

Delete all but the first sentence 155 - Schedules for Construction Contracts

155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

156 - Public Traffic

156.00_nat_us_04_17_2007

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 60 minutes on the main Forest Service Road 1N46.

There shall be no delays or restrictions from and to U.S. Highway 395 from the construction site. There shall be no construction equipment staged or parked so as to impede traffic at this intersection.

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. See Project Drawings Sheet 2 of 6, General Notes for details.

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 Road Number 1N46 From Terminus 1N46C To Terminus 1N46H Maximum Consecutive Days of Closure Minimum Consecutive Days Open

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.

156.03_nat_us_02_24_2005

156.03 Accommodating Traffic During Work.

Delete the following from the last paragraph:

according to Subsection 106.07(b)

156.04_nat_us_02_24_2005

156.04 Maintaining Roadways During Work.

(a) Add the following:

Do not construct detours outside of the clearing limits or use alternate route detours without the approval of the CO.

170 - Develop Water Supply and Watering

170.00_nat_us_03_30_2005

Description

170.01 This work consists of developing an acceptable water supply, furnishing, hauling, and applying water.

Materials

170.02 Conform to the following subsection.

Water

725.01.

Construction Requirements

170.03 Development of Supply & Access. Develop water supplies and access to the water supplies as required. Use designated water sources or other approved water sources. Before using non-designated water sources, obtain all necessary permissions, water rights, and permits.

170.04 Equipment. Provide mobile watering equipment with watertight tanks of known capacity. Provide for positive control of water application from the driver’s position. Water trucks accessing designated water hydrants shall use State approved backflow prevention valves.

170.05 Application. Apply water uniformly without ponding or washing.

170.06 Acceptance. Developing water supplies and watering will be evaluated under Subsections 106.02 and 106.04.

Measurement

170.07 Measure the Section 170 items listed in the bid schedule according to Subsection 109.02.

Payment

170.08 The accepted quantities will be paid at the contract price per unit of measurement for the Section 170 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

Water shall be considered to be incidental to the related work requiring the use and application of water and no additional payment shall be offered.

171 - Weed and Disease Prevention

171.00_nat_us_03_30_2005

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:

725.01

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.

204 - Excavation and Embankment

204.00_nat_us_03_26_2009

Replace Section 204 in its entirety with the following:

Description

204.01 This work consists of excavating material and constructing embankments. This includes furnishing, hauling, stockpiling, placing, disposing, sloping, shaping, compacting, and finishing earthen and rocky material.

204.02 Definitions.

(a) Excavation. Excavation consists of the following:

(1) Roadway excavation. All material excavated from within the right-of-way or easement areas, except subexcavation covered in (2) below and structure excavation covered in Sections 208 and 209. Roadway excavation includes all material encountered regardless of its nature or characteristics.

(2) Subexcavation. Material excavated from below subgrade elevation in cut sections or from below the original groundline in embankment sections. Subexcavation does not include the work required by Subsections 204.05, 204.06(b), and 204.06(c).

(3) Borrow excavation. Material used for embankment construction that is obtained from outside the roadway prism. Borrow excavation includes unclassified borrow, select borrow, and select topping.

(b) Embankment construction. Embankment construction consists of placing and compacting roadway or borrow excavation. This work includes:

(1) Preparing foundation for embankment;

(2) Constructing roadway embankments;

(3) Benching for side-hill embankments;

(4) Constructing dikes, ramps, mounds, and berms; and

(5) Backfilling subexcavated areas, holes, pits, and other depressions.

(c) Conserved topsoil. Excavated material conserved from the roadway excavation and embankment foundation areas that is suitable for growth of grass, cover crops, or native vegetation.

(d) Waste. Excess and unsuitable roadway excavation and subexcavation that cannot be used.

Material

204.03 Conform to the following Subsections:

Backfill material

704.03

Select borrow

704.07

Select topping

704.08

Topping

704.05

Unclassified borrow

704.06

Water

725.01

Construction Requirements

204.04 Preparation for Roadway Excavation and Embankment Construction. Clear the area of vegetation and obstructions according to Sections 201 and 203.

204.05 Reserved.

204.06 Roadway Excavation. Excavate as follows:

(a) General. Do not disturb material and vegetation outside the construction limits.

Incorporate only suitable material into embankments. Replace any shortage of suitable material caused by premature disposal of roadway excavation. Dispose of unsuitable or excess excavation material according to Subsection 204.14.

At the end of each day's operations, shape to drain and compact the work area to a uniform cross-section. Eliminate all ruts and low spots that could hold water.

Retrieve material deposited outside of the clearing limits as directed by the CO. Place unsuitable material in designated areas.

(b) Rock cuts. Blast rock according to Section 205. Excavate rock cuts to 6 inches below subgrade within the roadbed limits. Backfill to subgrade with topping or with other suitable material. Compact the material according to Subsection 204.11

(c) Earth cuts. Scarify earth cuts to 6 inches below subgrade within the roadbed limits. Compact the scarified material according to Subsection 204.11.

(d) Pioneer Roads. Road pioneering, slash disposal, and grubbing of stumps may proceed concurrently with excavation. Conduct excavation and placement operations so material to be treated under Section 201 will not be incorporated into the roadway unless specified in the slash treatment method. Maintain drainage during pioneering operations.

Remove snow and ice in advance of the work and deposit beyond the roadway limits in a manner that will not waste material or generate sediment. Do not incorporate snow and ice into embankments. Place snow or ice in a manner to prevent resource damage.

204.07 Subexcavation. Excavate material to the limits designated by the CO. Take cross-sections according to Section 152. Prevent unsuitable material from becoming mixed with the backfill. Dispose of unsuitable material according to Subsection 204.14. Backfill the subexcavation with topping, or other suitable material. Compact the material according to Subsection 204.11.

204.08 Borrow Excavation. Use all suitable roadway excavation in embankment construction. Do not use borrow excavation when it results in excess roadway excavation. Deduct excess borrow excavation from the appropriate borrow excavation quantity.

Obtain borrow source acceptance according to Subsection 105.02. Develop and restore borrow sources according to Subsection 105.03. Do not excavate beyond the established limits. When applicable, shape the borrow source to permit accurate measurements when excavation is complete.

204.09 Preparing Foundation for Embankment Construction. Prepare foundation for embankment construction as follows:

(a) Embankment less than 4 feet high over natural ground. When designated, remove topsoil and break up the ground surface to a minimum depth of 6 inches by plowing or scarifying. Compact the ground surface according to Subsection 204.11.

(b) Embankments over an existing asphalt, concrete, or gravel road surface. Scarify gravel roads to a minimum depth of 6 inches. Scarify or pulverize asphalt and concrete roads to 6 inches below the pavement. Reduce all particles to a maximum size of 6 inches and produce a uniform material. Compact the surface according to Subsection 204.11.

(c) Embankment across ground not capable of supporting equipment. Dump successive loads of embankment material in a uniformly distributed layer to construct the lower portion of the embankment. Limit the layer thickness to the minimum depth necessary to support the equipment.

(d) Embankment on an existing slope steeper than 1V:3H. Cut horizontal benches in the existing slope to a sufficient width to accommodate placement and compaction operations and equipment. Bench the slope as the embankment is placed and compacted in layers. Begin each bench at the intersection of the original ground and the vertical cut of the previous bench.

204.10 Embankment Construction. Incorporate only suitable roadway excavation material into the embankment. When the supply of suitable roadway excavation is exhausted, furnish unclassified borrow to complete the embankment. Obtain written approval before beginning construction of embankments over 6 feet high at subgrade centerline. Construct embankments as follows:

(a) General. At the end of each day's operations, shape to drain and compact the embankment surface to a uniform cross-section. Eliminate all ruts and low spots that could hold water.

During all stages of construction, route and distribute hauling and leveling equipment over the width and length of each layer of material.

Compact embankment side slopes flatter than 1V:1.75H with a tamping type roller or by walking with a dozer. For slopes 1V:1.75H or steeper, compact the slopes as construction of the embankment progresses.

Where placing embankment on one side of abutments, wing walls, piers, or culvert headwalls, compact the material using methods that prevent excessive pressure against the structure.

Where placing embankment material on both sides of a concrete wall or box structure, conduct operations so compacted embankment material is at the same elevation on both sides of the structure.

Where structural pilings are placed in embankment locations, limit the maximum particle size to 4 inches.

(b) Embankment within the roadway prism. Place embankment material in horizontal layers not exceeding 12 inches in compacted thickness. Incorporate oversize boulders or rock fragments into the 12-inch layers by reducing them in size or placing them individually as required by (c) below. Compact each layer according to Subsection 204.11 before placing the next layer.

Material composed predominately of boulders or rock fragments too large for 12‑inch layers may be placed in layers up to 24 inches thick. Incorporate oversize boulders or rock fragments into the 24-inch layer by reducing them in size or placing them individually according to (c) below. Place sufficient earth and smaller rocks to fill the voids. Compact each layer according to Subsection 204.11 before placing the next layer.

(c) Individual rock fragments and boulders. Place individual rock fragments and boulders greater than 24 inches in diameter as follows:

(1) Reduce rock to less than 48 inches in the largest dimension.

(2) Distribute rock within the embankment to prevent nesting.

(3) Place layers of embankment material around each rock to a depth not greater than that permitted by (b) above. Fill all the voids between rocks.

(4) Compact each layer according to Subsection 204.11 before placing the next layer.

(d) Embankment outside of roadway prism. Where placing embankment outside the staked roadway prism, place material in horizontal layers not exceeding 24 inches in compacted thickness. Compact each layer according to Subsection 204.11.

204.11 Compaction. Compact the embankment using one of the following methods as specified:

(a) Compaction A. Use AASHTO T 27 to determine the amount of material retained on a Number 4 sieve. If there is more than 80 percent retained on the No. 4 sieve use procedure (1). If there is 50 to 80 percent retained on the No. 4 sieve use procedure (2). If there is less than 50 percent retained on the No. 4 sieve use procedure (3).

(1) Adjust the moisture content to a level suitable for compaction. Fill the interstices around rock with earth or other fine material as practical. Use compression-type rollers at speeds less than 6feet per second and vibratory rollers at speeds less than 3 feet per second. Compact each layer of material full width with one of the following and until there is no visible evidence of further consolidation.

(a) Four roller passes of a vibratory roller having a minimum dynamic force of 40,000 pounds impact per vibration and a minimum frequency of 1000 vibrations per minute.

(b) Eight roller passes of a 20-ton compression-type roller.

(c) Eight roller passes of a vibratory roller having a minimum dynamic force of 30,000 pounds impact per vibration and a minimum frequency of 1000 vibrations per minute.

Increase the compactive effort for layers deeper than 12 inches as follows:

( For each additional 6 inches or fraction thereof, increase the number of roller passes in (a) above by four passes.

( For each additional 6 inches or fraction thereof, increase the number of roller passes in (b) and (c) above, by eight passes.

(2) Use AASHTO T 99 to determine the optimum moisture content of the portion of the material passing a No. 4 sieve.