Attachment 2 Statement of Work 260331.pdf

Solicitation #### Monongahela NF, Marlinton Ranger District

FR 135 – Tea Creek Campground Bridge Replacement

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C.1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (FEB

1988)

This solicitation is to provide construction services for furnishing and installing one two span box beam bridge system on FR 135 Tea Creek Campground Bridge Replacement. The work shall include, but not be limited to, construction survey and staking, E&S, clearing and grubbing, installation of cofferdams and dewatering the site, excavation for placement of riprap, removal of existing structure, installation of bridge structure, micro piling design and installation, roadway subbase and aggregate, asphalt cement, guardrail, and riprap armoring. Other construction activities to be expected are turbidity monitoring, in-channel Perimeter Control – Fish Relocation fish removal, candy darter monitoring and capturing, and stream rehabilitation.

1. The contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications. See contract drawings for general layout and details for each culvert replacement.

2. Prior to beginning construction, the Contractor is responsible for identifying appropriate commercial sources of material except where a specific source for a particular material is identified in the Contract, Contract Plans, or by the CO.

3. During the construction, the Contractor shall preserve and protect all vegetation (such as trees, shrubs, and grass) on or adjacent to the work site not found within the construction limits, which are not to be removed and which do not unreasonably interfere with the work required under this contract. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.)

4. During all construction activities the contractor shall follow all BMP Counter Measures as stated and shown in the NEPA Decision Memo: Tea Creek Bridge Replacement and as shown in Appendix A of the NEPA decision.

C.2 PROJECT LOCATION

This project is located on the Marlinton Ranger District of the Monongahela National Forest:

Directions to Tea Creek Campground Bridge Replacement:

From US 219 South/WV 150 South intersection north of Edray West Virginia head west on WV 150 south for 9.1 miles. Then turn left onto Williams River Road. Continue on Williams River Road for 1.0 mile to the bridge location

Route listed above to access the bridge has a posted bridge 0.80 miles before the project site. Sugar Creek Bridge is currently posted at 25T and 33T. An alternative route is available to access the bridge site by coming in from the other side of FR 86 Williams River Road.

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Construction permits may be considered depending on the type of load and vehicle. It is the contractors responsibility to contact the Forest Service COR prior to hauling any load above the current load posting.

C.3 APPLICABLE SPECIFICATIONS (ROADS PROJECTS)

Standard and Supplemental Specifications for FP-14 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specifications listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

[X] FHWA Standard Specification 2014 U.S. Customary applies [_] FHWA Standard Specification 2014 Metric applies

The attached “List of Specifications” and “Supplemental Specifications” apply.

(End of Clause)

C.4 CONTRACT TIME

The contract time will be 310 business days. Period of performance shall be May 4th, 2026 – November 30th, 2027, with a winter shut down period (unless approved to work by the COR) of December 1st, 2026 – March 30th, 2027. All instream work shall only be performed during the low-flow season and is restricted to the month of July to October per the NEPA decision. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup.

Contract time does not include the 82 business days taken out for the winter shutdown period. The contractor shall submit a schedule to the Contracting Officer for approval, 14 calendar days prior to the anticipated start of work.

C.4.A LIQUIDATED DAMAGES

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $82.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

C.4.B BRIDGE AND CAMPGROUND CLOSURE

Access to Tea Creek Campground is available only via the existing bridge, which operates seasonally from March to December. During this period, camping access must be maintained. Temporary closures of the bridge are allowed under the following conditions:

(a) Notification Requirement: The Forest Service must be notified at least 21 days before any

3 | P a g e planned bridge closure to ensure campground closures are coordinated.

(b) Closure Limits: Bridge closures are limited to a maximum duration of 7 days.

(c) Holiday Restrictions: Closures are not permitted on holiday weekends.

(d) Pre-Holiday Reopening: During holiday weeks, the bridge must reopen by noon on Thursday to allow time for the campground to resume normal operations.

C.4.C EXISTING BRIDGE STRUCTURE

The existing Tea Creek Bridge is currently load posted at 25 tons and 33 tons. Contractor shall take this into account during all construction activities that utilize the existing structure. The Forest Service will not be performing formal inspection during construction of the new structure.

The contractor shall be responsible for checking the bridge to ensure that it is structurally sound and can withstand the load of construction activities for the duration of the construction project. Should the existing structure become structurally unsound it shall be the contractors’ responsibility to notify the COR and take the corrective actions needed to continue utilizing the existing structure. The last inspection report for the Tea Creek Bridge is attached in this solicitation for the contractor’s review.

C.5 SPECIAL CONDITIONS AFFECTING THE WORK

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations and surveys performed by the Government. The contractor is also solely responsible for locating all work items in the field, and providing appropriate distance measuring instruments to find all work items.

b. Weather. Low temperatures at the project site range from temperatures of less than 20º F in December and January to lows of 50º F in July and August. High temperatures range from 35º F in December and January to over 80º F in July and August. The annual precipitation at the project site is over 50 inches per year, including snow fall. Winter snowstorms and freezing temperatures will occur during the winter months that may result in a winter project shutdown.

Icy conditions on local roads and highways can occur during the fall, winter and spring.

Highway curves in shaded areas will remain covered with ice or frost for weeks. Fog may form anywhere within the project area, and the site experiences frequent overcast conditions.

c. Work Hours. No Holidays and weekends, unless a written request is submitted to the Contracting Officer for approval.

d. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the Contractor’s employees including Subcontractor’s employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a Project Safety Plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

e. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site. The

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Contractor shall arrange to obtain the necessary highway permits from the US Forest Service, Greenbrier Ranger District, and the State Department of Transportation, prior to any commercial hauling on the Highland Scenic Highway, or any other state highways.

f. Site Access and Restrictions. Contractor shall maintain access to the construction site during construction. Damage caused by hauling materials or equipment to the site shall be repaired by the contractor prior to acceptance of work. Pedestrian traffic will likely be encountered, proper blocking of the construction site shall be outlined in the traffic control submittal.

g. Toilets. No toilet facilities are available on site. Contractor shall provide and maintain portable toilet facilities for employees and inspectors during on site construction.

h. Water. Non-potable water for the project construction can be drafted directly out of the streams.

Use Best Management Practices, provide screens to not extract aquatic organisms from the river, and do not block public access.

i. Security. Contractor is responsible for the Contractor’s equipment and materials owned or supplied to the site. Lost, damaged, or stolen equipment or materials shall be replaced at the contractor’s expense. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day. The contractor shall be responsible for signing, limiting public access, and safety of the public and/or government employees at the site. All refuse shall be properly stored or removed from the site at the end of each day.

j. Traffic Control. Contractor shall submit traffic control plan to CO for approval. Road shall be considered closed to all vehicular traffic, as well as pedestrian traffic. Special considerations for pedestrian traffic shall be outlined in the submittal.

k. Burning Permits. No burning shall be permitted during the duration of this project.

l. Protection of Resources. The Contractor shall preserve and protect all vegetation adjacent to the designated clearing limits. Any trees required to be removed for construction shall be performed between November 15th and March 31st. The Forest Service will be performing all tree felling activities prior to contractor mobilization. Grubbing will still be required. The contractor shall schedule and execute all work in a manner that does not contribute to soil erosion into nearby waterways. When tramming equipment through waterways, the contractor shall ensure dewatering is active and effective and take care to minimize stream substrate disturbance. Also, ensure that the equipment has no active fluid leaks prior to moving equipment through waterways. Submit an erosion control plan prior to the start of construction, for approval.

C.6 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

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8. Shop drawings if applicable

The following submittals are required for this project:

MATERIAL CERTIFICATIONS, TESTING REPORTS & OTHER SUBMITTALS

The following certificates, test reports, samples and test data shall be submitted on this report (3 sets each except only 2 samples unless noted). See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

The following shall be submitted on this project:

Description Submittal Type Specification Reference

1 Equipment Inspection – Notify CO for inspection prior to Mobilization

Equipment Inspection Special Contract Requirement H-15

2 Safety plan Written Plan FAR 52.236-13 Accident Prevention Clause

3 Sediment & Erosion Control Plan

Written Plan Supplemental Specification 157

4 Hazardous Spill Plan Written Plan Supplemental Specification 107

5 Quality Control Plan Written Plan Standard Specification Requirement 153

6 Proposal for Alternate Test Methods (if applicable)

Written Plan Supplemental Specification 153

7 Traffic Control Plan Written Plan Supplemental Specification 156

8 Dewatering & Diversion Plan

Written Plan Supplemental Specification 208

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9 Certification of Weed- Free Material

Certification/Documentation Standard Specification Requirement 105

10 Compaction Test Results Certification/Documentation Special Contract Requirement 208.09

11 Measurement Notes Documentation Standard Specification 109.01

12 Construction Schedule Documentation Standard Specification 155

13 Disposal Agreements, Statements and Permits

Documentation Special Contract Requirement 203.05(a) and (d)

14 Target Values for Aggregate

Documentation Standard Specifications 301.03

15 As-Built Drawings Drawings Standard Specification Requirement 104

16 Working Drawings & Construction Details of Excavation Support Systems (if applicable)

Drawings Standard Specification 208

17 Structure Proposal Documentation/Drawings

18 Shop Drawings Drawings Special Contract Requirement 550

19 Calculations & Initial Load Rating

Calculations Special Contract Requirement 550

20 Fire Plan Written plan

The following material certifications and/or testing reports shall be submitted on this project:

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SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No.

Box Beam System Guardrail Systems

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

N/A

G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 15

Title Referenced by Specification No.

Testing Reports As Required by Specifications when applicable

Material Certifications Per manufacture

RipRap FSSS 705.02

Turf Establishment FSSS 62501

Structural backfill FP-14 Section 704.04

Aggregate surface course FP-14 Section 703.05

8 | P a g e days after the date of contract award. The Contracting Officer will notify the awardee of location of post award conference.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal fire season: March 1 – May 31, October 1 – Dec 31

(c) Transportation facilities providing access to the site are identified elsewhere herein.

H-2 ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1. Bid Schedule (excluding the specifications)

2. Representations and Certifications

3. Instructions to Offerors

4. Special Contract Requirements

5. Contract Clauses (excluding the specifications and drawings)

6. Special Project and Supplemental Specifications

7. Standard Specifications

8. Drawings, figured dimensions over scaled dimensions

9. Drawings, large scale over small scale

10. Drawings - Schedules on drawings over notations on drawings

11. Shop Drawings

12. Other Documents, Exhibits, and Attachments

H-3 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including Government-Furnished property) made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award has been made. No approvals will be made prior to award.

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H-4 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land (identified elsewhere herein) and approved by the Forest Service may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

H-5 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer. The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Excess concrete and wash water shall not be run out on the ground, but placed in a plastic-lined containment unit. All waste/excess concrete and wash water shall be removed from the site and disposed of in a legal manner.

(3) Mechanized equipment shall not be operated in live streams without written approval by the

Contracting Officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

(2) At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for

10 | P a g e oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations.

Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the Contracting Officer or representative.

(3) The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

(4) The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

(d) The following seed mixture shall be used:

A. Topsoil Source: Reuse surface soil on-site or import where not available on site. Topsoil source must be approved by COR.

B. Seed Mix:

1. Spring & Fall Planting:

Roundstone Native Seed - Mix 208 - Southern Quick Erosion Control Cover Mix

Or COR Approved Equivalent

2. Summer Planting:

Roundstone Native Seed - Mix 209 - Southern Quick Erosion Control Cover Mix

Or COR Approved Equivalent

H-6 LOCAL DISPOSAL SITES

Debris encountered in the construction (i.e.; metals) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of properly off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.

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H-7 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS AND OTHER DEVICES

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

The contractor shall place warning signs/barricades around any open excavation sites in order to protect the safety of employees and the public. Cost for these barricades will be incidental to existing work items.

H-8 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-9 MATERIAL SOURCES / DISPOSAL

Rock and mineral soil excavated within the normal excavation shall be conserved and used as needed.

Borrow sources are identified on the plans or elsewhere herein if made available by the Government. If alternate borrow sources are needed, they must be approved in advance by the COR. Such borrow sources shall be restored to a natural appearance.

If applicable, disposal areas shown on the plans are for clearing, grubbing and excavation materials only.

No man-made products shall be placed in disposal areas unless approved in advance by the Contracting Officer.

H-10 BLASTING

NOT allowed on this project

H-11 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

Operational date and time limitations will be shown under Individual Projects.

H-12 CONSTRUCTION STAKES, LINES AND GRADES

(a) The Contractor will establish controls as shown on the plans. The Contractor shall do all surveying, 12 | P a g e staking and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the drawings or stated in the specifications.

(b) If any Government furnished construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the COR. If these points are destroyed or displaced due to Contractor's negligence or operation, unless within planned demolition scope, the cost for replacing them will be charged to the Contractor.

(d) In case of any construction changes, the Contractor shall cooperate with the COR and facilitate the prompt reestablishment of the field control for the adjusted work.

H-13 HAZARDOUS CONDITIONS SAFETY PLAN

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

• Tree felling

• Temporary excavation / deep trenching / slope stability

• Fall hazard from work heights exceeding six feet

• Equipment operation

• Confined space entry

• Fire hazards

• Hazardous materials handling

• Mechanical hazards such as pulleys, springs etc.

H-14 AIRCRAFT USE

The Contractor shall advise the Contracting Officer of any intent to utilize aircraft in the performance of this contract at least 30 calendar days prior to planned use. Special requirements will apply to all work associated with aircraft, including compliance with a Project Aviation Safety Plan and current Forest Service guidelines for aviation management.

H-15 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

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Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en route locations in advance of entry onto National Forest lands.

Government approval of equipment cleanliness is required prior to offloading equipment on National Forest lands.

Special care shall be taken to assure removal of noxious weeds and their seeds.

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H-16 FINAL CLEANUP

Contractor shall remove and dispose of all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to, camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the road construction, all stakes, old culverts, flagging and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

H-17 PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C.

470) and the Archaeological Resources Protection Act of 1969 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by the Forest Service. Forest Service may unilaterally modify, or cancel, this contract to protect an area, object of antiquity, artifact or similar object which is, or may be, entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified.

Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect (for each Individual Project Task Order the Contracting Officer will specify items for protection) all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destructions, obliteration, removal or damage during Contractor’s Operations. In accordance with 36 CFR 296.14(c), the Contractor shall bear costs of restoration, provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas, except on roads. Unless agreed otherwise, trees will not be felled into such areas.

H-18 PROTECTION OF HABITAT OF ENDANGERED, THREATENED AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or

14 | P a g e endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures need to protect such areas have been included elsewhere in this contract or are as follows: Shellrock Quarry, see vicinity map for location within quarry.

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as federally threatened or endangered, or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

H-19 BIOLOGICAL CONSERVATIONS MEASURES

Contractor shall follow all BMPs as outline in the Decision Memo, Appendix A: BMPs/Conservation Measures as a result of the findings from the Biological Opinion, and Appendix B: Proposed Turbidity Monitoring Plan as a result of the findings from the Biological Assessment shown below as well as provided within the solicitation of this project. Contractor shall be required to ensure that all personnel used for this biological action meet the qualifications shown in these memos.

APPENDIX A: BMPs/CONSERVATION MEASURES

Forest Service (FS) is proposing conservation measures to reduce potential effects from project activities to candy darter resources associated with the replacement of road stream crossing structures on Forest Road (FR) 35 and FR999 in the Williams River and FR17 in the Little River of the West Fork Greenbrier River watershed. The following minimization and mitigation measures have been incorporated into the project. References to FS are understood to mean the FS and authorized agents acting on behalf of the FS (e.g., contractors, partners, etc.).

1. STANDARD SPECIFICATIONS: Except as modified by Forest Service Supplemental Specifications, all standards in The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) will be strictly followed, including:

a) materials will be stored only in designated areas, excess material will be disposed of legally off-site (FP-14, 203.05)

b) adherence to the Spill Prevention Control, and Countermeasure (SPCC) Plan and the controls set forth in the Federal Water Pollution Control Act (Clean Water Act) and permit conditions set by US Army Corps of Engineer permits (FP-14, 107.10)

2. PROJECT ADMINISTRATION: A construction engineer, FS contract administrator (e.g., COR), or FS agent (e.g., partner) will be on-site throughout all in-channel activities to ensure that contract requirements or agreement specifications are being satisfied.

3. UPLAND PERIMETER CONTROL - INSTALLATION: ESC BMPs will be installed as perimeter controls to minimize the potential for increased sediment delivery to designated critical candy habitat from project activity occurring outside of stream channels. If conventional ESC

15 | P a g e methods fail to effectively control project-generated soil erosion and associated stream sedimentation, more effective ESC installations that exceed standard practices shall be employed.

For example, triple-high stacks of fiber rolls may need to be installed along all LODs with aquatic resources, rolled erosion control product may need to be installed in ditches that connect work sites to project area streams, areas with exposed soil disturbance may need to be covered/protected from heavy precipitation/run-off, or sediment laden run-off may need to be captured and treated with sediment filter bags prior to reaching project area streams.

4. UPLAND PERIMETER CONTROL – MAINTENANCE: ESC devices will be properly inspected and maintained. All ESC BMPs will be inspected at least once every calendar week and within 24 hours after any storm event greater than 0.25 inches per 24-hour period, or when the occurrence of run-off from snow melt is sufficient to cause a discharge. BMPs will be immediately repaired when damage or disfunction is observed. Sediment deposits will be removed from behind ESC barriers when they reach half the height of the device; sediment will be disposed of and stabilized at locations that are pre-approved by the FS.

5. CONSTRUCTION EQUIPMENT - ACCEPTANCE: Construction equipment will be cleaned of all sediment, vegetation, and seeds and inspected prior to entering MNF lands.

6. CONSTRUCTION EQUIPMENT – MANAGEMENT: All construction equipment will be parked in designated areas when not in use and maintained in areas designated as such. This equipment will also avoid tracking excessive levels of sediment outside of the Limits of Disturbance (LOD).

7. CONTRUCTION EQUIPMENT – CHANNEL ACCESS: Except at project site FR135 (bridge replacement across the Williams River at Tea Creek campground), construction equipment will only enter the bankfull stream channel area at work sites that have at least one mile of upstream separation from the nearest location where candy darter presence was detected by recent candy darter eDNA sample results or 2021 focused candy darter electrofishing and snorkeling survey efforts.

8. CONSTRUCTION EQUIPMENT - RELEASE: When work is performed in areas of known or observed infestations of non-native invasive plant species (NNIS), equipment will be cleaned before being moved to another work location within the MNF.

9. REFUELING: Equipment will be refueled as far from aquatic resources as necessary to contain potential fuel spills from contaminating aquatic resources. Fuel operators will visually observe all fuel transfers until operations are completed to prevent over filling. Fuel hose nozzles and all hose couplings will have drip pans with absorbent pads designed to contain minor fuel drips. Potentially persistent fuel leaks must be corrected immediately. A hazardous material spill kit complete with absorbent pads, booms, and other absorbent material will always be on-site and readily available to contain potential spills.

10. STOCKPILED SOILS: All stockpiled soils and similar materials will have appropriate ESC installed around their base and will only be stored in designated staging areas.

11. IMPORTED MATERIALS: All imported materials, such as rock, culverts, and precast concrete elements will be free from excessive sediment, chemicals, or nonnative plant materials to

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12. IN-CHANNEL OPERATIONS – STREAM FLOW RESTRICTION: All in-channel work will occur under low-flow conditions. In-channel work is defined as, “any physical alteration or manipulation that occurs within a stream channel from the top of bank on one side to the top of bank on the opposite side regardless of the presence of water.” Top of bank is defined as, the elevation along the banks of stream channels that represents the height of the water surface during regularly recurring flows that are responsible for creating and maintaining stream channel morphology; this is synonymous with the highest elevation of the cross-sectional profile of the approximate 1.5-year bankfull channel (Rosgen 1994). Low-flow conditions are defined as “the quantity of stream discharge that can be effectively managed during project operations to prevent harm to candy darter from exceeding the level of take that is permitted in the project Biological Opinion (BiOp).”

Based on average monthly discharge volumes from USGS stream gage stations for the Williams River (at Dyer, WV), the Cranberry River (near Richwood, WV), and the Greenbrier River (at Durbin, WV), low flow conditions are more likely to occur during the months of July to October.

Existing stream flow conditions and extended weather forecasts for the project area will be considered prior to initiating in-channel project work and will continue during all in-channel operations. In-channel project work will only commence when stream flows and weather forecast monitoring (daily, at a minimum) indicate favorable conditions for successfully implementing these operations while remaining in compliance with water quality standards described in the project BiOp.

Regardless of existing stream flow conditions, if the equivalent of 1.0 inch or more of rainfall (including contributions from snowmelt) is forecast for the project watershed area, all in-channel work will cease except as needed to immediately stabilize and prepare active in-channel work sites for rising waters. Project operations shall be prepared for the need to temporarily stabilize project sites when Doppler radar indicates heavy precipitation/run-off is likely, or as unexpected pop-up storm events cause project area streams to begin to rise to a level that may violate low-flow conditions required for in-channel work. In-channel work may resume once low-flow conditions are re-established, a favorable weather forecast exists, and stream turbidity associated with the project is within the water quality standards recognized in the project BiOp.

13. IN-CHANNEL OPERATIONS – CANDY DARTER RESTRICTION: No in-channel work will occur during the typical candy darter spawning period that is defined as April 15 to June 30.

14. IN-CHANNEL OPERATIONS – TROUT WATERS RESTRICTION: No in-channel work will occur from September 15 – March 31 (trout spawning period) without an approved waiver from WVDNR.

15. STREAM FLOW MANAGEMENT - GENERAL: Unless an equally or more effective approach is pre-approved by the FS and FWS, temporary stream channel diversions, active flow by-pass operations (e.g., water pumps), or coffer dams will be utilized to dewater and isolate in-channel work areas from active or potentially active in-stream flows. These installations will be inspected daily and maintained as frequently as necessary to function properly for the duration of associated in-channel work.

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16. STREAM DIVERSION AND DEWATERING PLAN: Project contractors or FS partners that will implement projects will prepare a Stream Diversion and Dewatering Plan and submit it to the FS and FWS for review. The FS and FWS will provide comments on the plan within 6 business days of receiving the plan. Plan approval is required prior to starting any in-channel work activities.

17. TEMPORARY CHANNELS AND COFFERDAMS: Temporary channels and cofferdam walls made of semi-permeable substances (e.g., sandbags) will be lined with impermeable membrane to minimize the potential for water leakage.

18. TEMPORARY CULVERTS, PUMPS, AND HOSES: All temporary culverts, pumps, and hoses will be large enough to accommodate flow volumes that could reasonably be anticipated during their expected period of operation.

19. WATER PUMPING OPERATIONS: Measures will be employed during water pumping operations to reduce the potential for harm to candy darter and other aquatic organisms. A series of protective mesh screens (from 1” to 1/8” mesh size) will be placed over the intake pipe to help prevent aquatic organisms from entering the pipe. Water pumps will be run at lowest revolutions per minute (RPM) necessary to achieve dewatering objectives. Water pumps will be located as far from the water resource as necessary to minimize risks to aquatic resources associated with accidental fuel leaks/spills. Contingencies (e.g., backup water pumps) will be available on site in case primary water pumps fail.

20. SEDIMENT FILTER BAGS: When sediment filter bags must be used (e.g., pump sediment laden seepage water from isolated in-channel work areas), they will be set up in a FS-approved upland area that facilitates effective sediment filtering and cleaner water discharge from the filter bags back into the environment. Sediment trapped in filter bags will be emptied and stabilized at locations that are pre-approved by the FS to deter its re-introduction back into the aquatic environment.

21. IN-CHANNEL PERIMETER CONTROL – SET-UP: To help reduce the potential for increased stream turbidity, only the in-channel rocks and other material that are necessary to be disturbed when establishing stream diversions, by-passes, or coffer dams will be disturbed at that time. Remaining in-channel rocks and other material that must be disturbed as a consequence of project implementation will be moved only after isolated in-channel work areas are established.

22. IN-CHANNEL PERIMETER CONTROL – FISH RELOCATION: Prior to installing stream diversions (active or passive) or coffer dams and dewatering associated in-channel work areas, the target areas will be isolated with block nets and electrofished by qualified personnel to capture and relocate all fish of any species (and potentially other aquatic organisms). In addition, in-channel work areas will continue to be inspected during dewatering to rescue fish that are not captured during electrofishing removal efforts.

23. FISH REMOVAL PLAN: The following will be provided to the FS and FWS for review and approval prior to any electrofishing activities: qualifications/experience of the lead personnel proposed to perform electrofishing surveys; plan that details the means and methods of

18 | P a g e electrofishing, capture, transport, and proposed fish relocation area. Suitable habitat for candy darter relocation will be identified by a qualified aquatic specialist prior to electrofishing activities;

this habitat should be located as close as possible to each work site where electrofishing will occur.

The Forest and the Service will provide comments on the plan within 6 business days of receiving the plan.

24. CANDY DARTER MONITOR: Personnel with the necessary qualifications (training and experience) to be familiar with candy darter and its habitat, will be present during all in-channel operations that occur beyond the limits of a secured, isolated, and dewatered work cell. This includes structure demolition and construction activities that may occur over the stream channel without the benefit of a protective debris shield.

25. CANDY DARTER CAPTURE: The FS and FWS will be notified within 24 hours of capturing or otherwise positively identifying a candy darter specimen during project activities. The following special conditions apply.

a) Candy darter observations will be documented by recording the general condition and taking a picture of each specimen that is observed.

b) Captured candy darter will be temporarily held in one or more clean (free from potentially harmful contaminants/residues), large containers (e.g., 5-gallon bucket) that are designated for candy darter only. Each container will be filled and maintained with fresh stream water from the capture location; and

c) Container(s) with candy darter will be immediately transported and released at the predetermined/pre-approved relocation site upstream from potential project impacts.

26. TURBIDITY MONITORING: Stream turbidity will be monitored according to the Turbidity Monitoring Plan that is included as Appendix B: Proposed Turbidity Monitoring Plan to the Biological Assessment.

27. ON-SITE CONCRETE OPERATIONS: Planning and implementation of on-site wet concrete operations will exercise extreme caution to prevent spills, seepage, or other potential forms of wet concrete introductions from contaminating streams. This will be accomplished by strictly applying and managing all applicable BMPs for negligible risk of non-compliance. The most critical time period for preventing concrete contamination of streams is during pouring operations and for the first 48 hours to approximately 5 days of the curing period.

28. CROSSING STRUCTURE DEMOLITION: Demolition of existing crossing structures and subsequent rehabilitation of the disturbed channel area will occur within work cells that are isolated from live stream flows to help minimize the potential for temporary impacts to water quality and facilitate effective recovery of demolition material.

29. STREAM REHABILITATION: Rehabilitation of in-channel aquatic habitats (e.g., reconstruction of stream channels, habitat composition, in-stream structure) associated with these projects will occur in consultation with FS aquatic specialists to help re-establish stable channel conditions that conform to the new hydrologic influences.

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30. SEEDING AND MULCHING: Permanent seeding and mulching will be applied to help stabilize soils in all disturbed project areas within 4 days of reaching the final grade. If project areas will not have soil-disturbing construction activity for more than 14 consecutive days, temporary seeding and mulching will be applied within the first 4 days of construction inactivity.

31. SEED MIX: FS-approved seed mixes will be used for all temporary and permanent seeded.

32. NNIS MONITORING: During construction and for one year post-construction, monitoring and selective hand removal of NNIS will be performed at project construction sites by the FS designated responsible party as warranted.

APPENDIX B: PROPOSED TURBIDITY MONITORING PLAN

OVERVIEW:

This monitoring plan is proposed for the replacement of the existing road stream crossing structure at site WR135 across the Williams River with a new multi-span bridge to access the Tea Creek Campground and other recreational interests on the Monongahela National Forest (Forest).

Two types of on-site monitoring will occur during project implementation as indicated by BMP #24 and #26 in the Biological Assessment (BA) for Priority FY2022 GAOA Road Stream Crossing Projects.

1. Species Monitoring (Candy Darter): monitoring associated with species surveillance during in-channel project activities and candy darter capture/relocation efforts.

2. Turbidity Monitoring: monitoring of temporary increases in stream sedimentation associated with project activities.

In addition, Forest engineers or their surrogate will perform routine on-site contract administration duties associated with project implementation to ensure compliance with contract specifications, including inspection of erosion and sediment controls (ESC). Inspections of contract performance will be documented daily and this information will be available for review by the Service upon request. If contract inspections or other official reviews of project implementation indicate contract provision associated with the protection of aquatic environments are not being met, the Forest agrees to require a qualified environmental inspector to help monitor and advise on compliance with contract specifications that address conservation measures required for candy darter though consultation with the Service and the resulting Biological Opinion (BiOp). Minimum qualifications for the environmental inspector are:

• Graduation from an accredited four-year college or university with a degree in natural or applied science,

• Five (5) years of experience performing environmental inspection on projects of similar scope, and

• Trained to proficiently perform required tasks associated with this assignment.

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The Forest and U.S. Fish & Wildlife Service (Service) must review and…