Dam Removal Statment of Work - Draft.pdf

Section C 1

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

B-1 BID SCHEDULE

ITEM

NO.

ITEM DESCRIPTION UNIT QTY METHOD

OF

MEASUREMENT

UNIT COST TOTAL

15101 MOBILIZATION LUMP SUM 1 LS

15201 CONSTRUCTION,

SURVEY AND

STAKING, METHOD

1, TOLERANCE A

LUMP SUM 1 LS

15713 SOIL EROSION &

POLLUTION

CONTROL

LUMP SUM 1 LS

20101 CLEARING AND

GRUBBING

LUMP SUM 1 LS

20305 REMOVAL OF

STRUCTURE AND

OBSTRUCTIONS

LUMP SUM 1 LS

20403 EXCAVATION CUBIC

YARD

4062 CQ

20429 ENDHAUL CUBIC

YARD

MILE

16248 CQ

20851 DEWATERING LUMP SUM 1 LS

62504 SEEDING, DRY OR

HYDRAULIC

METHOD

LUMP SUM 1 LS

62505 MULCHING LUMP SUM 1 LS

63501 TEMPORARY

TRAFFIC CONTROL

LUMP SUM 1 LS

62201-1 EQUIPMENT W/

OPERATOR #1

330 CAT

EXCAVATOR W/

HYDRAULIC THUMB

OR EQUAL

HOUR 8 AQ

62201-1 EQUIPMENT W/

OPERATOR #2

330 CAT

EXCAVATOR W/

HYDRAULIC THUMB

OR EQUAL

HOUR 8 AQ

62301-1 LABORER HOUR 8 AQ

Section C 2

ITEM

NO.

ITEM DESCRIPTION UNIT QTY METHOD OF

MEASUREMENT UNIT COST TOTAL

62401 FURNISHING AND

PLACING TOP SOIL

(4” DEEP)

CUBIC

YARD

110 CQ

64803-1 PLACED CHANNEL

ROCK, CLASS 2,

PLACEMENT

METHOD A

CUBIC

YARD

15 CQ

64803-2 PLACED CHANNEL

ROCK, CLASS 3,

PLACEMENT

METHOD A

CUBIC

YARD

9 CQ

64803-3 PLACED CHANNEL

ROCK, CLASS 4,

PLACEMENT

METHOD A

CUBIC

YARD

241 CQ

64805-1 PLACED

STREAMBED

SIMULATION ROCK,

BED CLASS 16A,

PLACEMENT

METHOD A

CUBIC

YARD

177 CQ

64805-2 PLACED

FLOODPLAIN FILL,

GRADATION B,

PLACEMENT

METHOD A

CUBIC

YARD

266 CQ

64851-1 TREE HARVEST –

WHOLE TREES

HARVEST, MOBE,

AND STOCKPILE

EACH 24 CQ

64852 KOIR FABRIC SOIL

WRAPED BANKS,

FURNISH AND

INSTALL

LUMP SUM 1 LS

Section C 3

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-14 109.01.

Section C 4

SECTION C-DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

GENERAL REQUIREMENTS

1.0 Description of Services:

Furnish all labor, equipment, and materials, to accomplish the dam removal and channel/floodplain restoration work under this contract. Services consist of surveying, clearing and grubbing, removing and disposing of the existing culvert and dam facility, structural excavation, dewatering, erosion and sediment control, reconstruction of a channel, placement of channel rock, stream simulation and instream structures, composite koir wrapped soil and boulder bank construction, seeding and restoration/clean up of the general project and pit stockpile areas.

The Contractor shall refer to the Schedule of Items, Project Area Map, and referenced Specifications when making estimates for quantities of work.

2.0 Location

The project is located on the Kenton Ranger District. From the Kenton Ranger District Office, head west on m-28 w toward Ottawa national forest development road 16 s., in 390 feet turn left on Forest Development Road 16S and travel 1.1miles then turn left onto lake 13 road, continue 4.8 miles, and then continue on old highway 28. Continue for 0.1 miles and arrive at lower dam.

LATITUDE 46°27'15.20"N, LONGITUDE 88°47'1.51"W

3.0 Description of Work:

The project consists of removing and disposing of materials from a ~22ft high earthen dam with associated culverts, vertical concrete and stop log drain, and steel gangway. Reconstruction work includes reconstructing a ~280ft long stream channel with boulder banks and instream structures along with associated floodplain (variable width). Large wood structures on the floodplain and at channel margins will be constructed using whole trees and equipment rental along the length of the reconstructed floodplain. The contractor will seed and mulch all disturbed areas of the project.

All stream work, access road construction, tree and stream material gathering, and mobilizing to work sites will be accomplished by the unit bid rate, installation of the large wood structures will be by equipment rental. All large wood structure tasks will be assigned by the COR/Engineer in the field.

4.0 Performance Period

The contract time shall be 270 days. Contract time includes delays for weather, locating and transporting supplies and materials, and final site cleanup.

5.0 Prework Conference

There will be a Pre-Bid Tour for the project. The tour is scheduled for XXXXX xx 2022. The Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

Section C 5

6.0 Hours of Operation

Normal work hours shall occur Monday through Saturday, 0600 – 1800. The Contractor maybe be required to work off hours, holidays and weekends. Contractor is responsible for coordinating the work schedule with the COR.

7.0 Contractor Representative

Provide an onsite contract representative who will oversee the performance of the work specified in this contract. Designate in writing to the CO, the name of the contract representative and an alternate(s) who shall have the authority to authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor’s representative and alternate(s) must have a minimum of mid level management, supervision ,and operational experience as well as be able to read, write, speak, and understand English. Notify the CO/COR at least 10 work days in advance of any subsequent change of personnel in this position. Replacement personnel shall have the same level or better experience as the person being replaced.

8.0 General Work Requirements

8.1 Contractor shall provide all equipment, materials, and labor necessary to complete the work.

8.2 Contractor shall notify the COR 14 calendar days prior to the day of beginning work to coordinate inspection activities during Forest Service business hours, unless otherwise approved in writing by the COR.

8.3 All equipment shall be power spray washed to remove oil, grease, dirt and potential noxious weed seeds. Equipment will be inspected by COR prior to mobilization onto FS lands.

8.4 Excavators working in the stream channel will use approved nontoxic biodegradable hydraulic fluid. “Fish-friendly’ hydraulic fluid is defined as a synthetic thermally stable biodegradable hydraulic oil (ISO 32/46), such as Panolin HLP Synth, Chevron’s Clarity, or equivalent. Contractor shall certify in writing that equipment is bled and filled with “fish-friendly” lubricants and hydraulic fluids when stipulated prior to beginning operations.

8.5 All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements or is determined to be in any way unsafe or non-functional, will be rejected.

9.0 Description of work units

9.1 Dam removal - Dam removal includes removal of all rock, sand, gravel, clay, vegetation, concrete, steel, and other fabricated parts of the dam from the project area. All dam materials (except for concrete, steel, and manmade materials) will be stockpiled at the Lake 13 rock pit. All other manmade materials will be removed and disposed of off the National Forest.

Section C 6

9.2 Channel construction - The channel will be constructed as shown on the drawings. Typical cross sections are shown at key location. As the channel is constructed the dimensions will transition from one cross section template to the next cross section based on the channel templates.

Bed class 16A will be used for the channel bed. Ribs and instream structures are composed of CR- 2 and CR-3 class rock. Banks are composed of CR-4 boulders. No separate payment is made for dam removal or channel construction, the pay items for dam removal and channel construction are incidental to 20101,20305,20403,20429, 64803-1 to 3, and 64805-1

9.3 Floodplain construction - The floodplain will be reconstructed through the entire project area. Koir wrapped soil banks will be constructed up against the boulder banks. There is approximately 280 liner feet of floodplain of variable width (15 to 50ft) on each side. The floodplain area will be excavated 1ft below finish grade and have the floodplain gradation placed 8” deep layer. Top soil will be placed 4” thick over the floodplain gradation. Koir wrapped soil banks will be constructed after placement of the boulder bank. All disturbed areas and where topsoil was placed will be seeded and mulched after construction. No separate payment is made for floodplain construction. All construction is incidental to pay items 20101,20403,20429, 63504,62505, 64805-2, and 64852

9.4 Large wood structures - Large wood will be collected around the lake 13 rock pit and adjacent to the road corridor between Lower Dam and Lake 13 rock pit. Trees for harvest will be clustered into groups of 4 to 6 trees at 4 to 6 different locations along the road as marked by the COR in the field. Tree placement will occur after floodplain construction has been completed.

Harvested trees can be temporarily stockpiled in the Lake 13 rock pit after harvest or stockpiled in or adjacent to the project work site. All stockpiling must allow traffic bypass. Whole trees (50+ft ) will be placed along the floodplain, and some woven into the existing forest at the downstream terminus of the project, and into the channel as staked in the field by the engineer. All large wood tree harvest and placement is incidental to pay items 20101, 62201-1-1 and 64851-1

9.5 Dewatering and Water Quality Maintenance - A ~300+ft long bypass facility (channel or culvert) will be constructed to dewater the site. Construct coffer dams to isolate work area, pump off site turbid water (within the cofferdams) into sediment bags. It is envisioned the Contractor would use a combined culvert and channel bypass on the roadside of the channel and construct the channel and river left floodplain. Once completed the culvert can be repositioned or the new channel can be used as the bypass to complete the remaining work. The contractor should have a dewatering facility capable of a 50cfs peak bypass flow.

10.0 Landscape Preservation (addendum to AGAR 452.236-74)

10.1 Waste motor oil, fuels, lubricants, bitumen, and/or other similar hydrocarbons shall be collected and returned to either the supplier or a recycling service licensed to collect these fluids/materials. They shall not be wasted, deposited, flushed, or let on the ground or buried.

10.2 The Contractor shall confine operations to within the clearing limits or other areas designated in the Contract and/or attachments as approved, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Materials which fall outside of these limits shall be retrieved, disposed of, or incorporated into the work as directed by the CO.

10.3 Prevention of Oil Spills – If the Contractor maintains storage facilities for oil, oil products, or other hydrocarbon substances on or within the project area/site, appropriate preventative measures shall be taken to ensure that any spill of such oil, oil products, or other hydrocarbon substances does not enter any stream or other waters of the United States, or that of any of the individual States.

10.4 If the total oil, oil products, or other hydrocarbons storage exceeds 1320 gallons, or if any

Section C 7 single container exceeds a capacity of 660 gallons, the Contractor shall prepare and submit to the CO a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet the applicable Environmental Protection Agency requirements (40 CFR 112) including certification by a registered professional engineer.

11.0 Use of Premises (addendum to AGAR 452.236-72)

Before the Contractor mobilizes, the Forest Service will review all required plans submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

11.1 No camps will be allowed for this project.

11.2 Sanitation Facilities: Provide and maintain the following facilities for the work force at the construction site, unless provided otherwise.

a. A porta-potty located at the lower dam project site along FR 3500

11.3 Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage. Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk. on lands under Forest Service jurisdiction meet all Federal, State, and local requirements.

This includes, but is not limited to:

a. Federal regulations 40 CFR 243, 40 CFR 245, 40 CFR 257, 40 CFR 258, and;

b. State regulations 18 AAC 60.

c. Removal of all solid wastes and/or residues, with proper disposal at/in approved commercial landfills.

11.4 Do not begin any work until a plan for development, and cleanup is submitted and approved by the Contracting Officer. Include the following information on this plan:

a. Location and size of the proposed equipment storage areas

b. Stock pile locations.

c. Pit development plan if required

d. Equipment and fuel storage area and Spill Prevention Control and Countermeasure (SPCC) plan if required.

12.0 Disposal of Waste Material

12.1 The Contractor shall remove all suitable, unsuitable, and waste material from the project areas, and dispose in an area as designated by COR. Rock, sand, gravel, organic and clay materials will be stockpiled at lake 13 pit. All concrete, rebar, steel, culverts and manmade materials will be disposed of off the National Forest in accordance with State, local, and Federal regulations

13.0 Emergency Control (addendum to AGAR 452.236-77)

13.1 Immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project areas which are caused by the Contractor’s employees, equipment, or through prosecution of the work, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor’s employees or resulting from construction operations.

13.2 Contractor’s Responsibility for Controlling Other Emergencies – When requested by the

Section C 8

CO, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established or adopted by the Forest Service through partnership with the National Wildfire Coordinating Group (NWCG).

13.3 Firefighting equipment will be required during the fire season from May 10 through August 31, and during any other period of heightened fire danger designated by the CO.

13.4 The Contractor shall furnish rust-free fire tools to equip all workers employed in the Contractor’s operations at each separate work site. These tools shall be maintained in serviceable condition, and kept in one or more weather-tight fire tools boxes. These boxes shall be painted red, marked “Tools for Fire Only” with letters at least 3” high, and kept sealed. Post a list of the contents inside each fire tool box so as to be visible when opened. Minimum required quantities and types of tools are described here:

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 16-20

Axe, d.b. chopping, 32” min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32” min. handle 2 3 7 10 File, 10” mill bastard 1 1 1 2 Pumps, backpack cans, 5-gal filled with water 1 2 2 3

13.5 Equip each internal combustion engine with a spark arrester qualified and rated USDA- Forest Service Standard 5100-1, unless it is:

a. Equipped with a turbine-driven exhaust supercharger such as the turbocharger; there shall be no exhaust bypass;

b. A multi-position engine, such as on a chainsaw, which is equipped with a screen arrester, as described in the Forest Service Spark Arrester Guide;

c. A spark arrester, which does not meet the requirements in the guide may be approved upon submission of acceptable proof that the arrester is at least 80% efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered;

d. A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory-designed muffler and exhaust system, or;

e. A heavy-duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory-designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described above, including spark arresters and mufflers.

13.6 Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

a. 2 ½ pound size or larger dry chemical type;

b. 4 pound size or larger carbon dioxide type.

Test or check each extinguisher for proper function prior to the beginning of fire precautionary periods, and provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8oz. capacity by weight. Maintain the extinguisher in good working order at all times.

13.7 Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the CO. Submit written requests for burning to the CO at least 48 hours in advance of intended burning. The CO will approve of routine camp refuse disposal incineration in the camp development plan described in H.4 above.

14.0 Contractor’s Use and Maintenance of Existing Roads

Section C 9

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated material borrow sites, quarries, stockpile sites, waste areas, campsites, equipment loading/unloading ramps and/or other approved work areas. The roads authorized for use will be subject to the following general conditions:

14.1 Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of the American Association of State Highway and Transportation Officials (AASHTO) HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and/or U102 overload Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in the Specifications deemed a part of this contract.

14.2 The Government will not snowplow roads for the Contractor’s use. The Contractor may snowplow any road designated for their use. A permit defining snowplowing requirements is required, and will be issued by the District Ranger, upon request by the Contractor. Repair any damage to the road prism or structures caused by snowplowing and/or snow removal operations.

Vehicles, other than conventional over-the-snow vehicles (i.e. snowmobiles/snowmachines), will not be permitted to use roads when there is an average of more than 4” of snow, unless the road has been snowplowed.

14.3 The Contractor is responsible for, and will perform road maintenance on, Forest Service roads in the construction area commensurate with their use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the CO. Such road maintenance requirements for existing roads shall be performed IAW the following:

a. Maintain existing roadbed by blading and shaping the traveled way and shoulders. Do not undercut banks. Maintain established drainage structures and/or berms, and place additional drainage structures/berms where necessary to protect embankments.

b. Perform all seasonal weather cleanup, including removal of bank sloughs, minor slides, and fallen timber, all of which can be accomplished by a motor patrol grader equipped with a front end blade, or comparable equipment, and by the use of hand tools. Replace eroded materials from fill slopes, and clean out drainage ditches and culverts subject to the above equipment limitations.

c. Deposit the material removed from slides or other sources in locations approved by the

CO.

15.0 Archaeological or Historic Sites AGAR 452.236-73

If a previously unidentified archaeological or historic site(s) is encountered, the contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

16.0 Instream Work

The Contractor must schedule and conduct instream work to avoid and/or minimize disturbance to streams. Specifically:

16.1 Do not cross streams or other waterways without CO approval.

16.2 Power spray wash and clean all equipment before entering within the highwater mark of any stream. Ensure washing is conducted at the Contractors facilities or in a rock pit away from any live streams and the project area.

Section C 10

16.3 Instream Work Windows

Work Window Dates Species Notes July 1 – September 15 All Instream Work allowed October 15 – May 15 All No Instream work allowed. Tree harvest, material mobilization and stockpiling, access trail construction, any land-based portion of the project that doesn’t require a stream crossing or instream work

17.0 Construction Stakes, Lines, and Grades

The Contractor will establish reference staking and control elevations during construction. The contractor will:

17.1 Provide 2 reference stakes (2”x2” x 12” Hub or rebar stake), 1 site lathe for each cross sections, 1 centerline stake for each change in channel template.

17.2 Each stake will have offset horizontal distance to centerline and cut or fill depth and finish grade elevations on each stake. Eighteen cross sections shown on the proposed profile (sheet 6 C-02) will be staked as detailed above.

18.0 Local Material Sources

18.1 Trees for the project will come from within the project clearing limits and along the road corridor between Lower Dam and the Lake 13 rock pit. 4 to 6 locations will be designated along the route for tree harvest. 24 whole trees (50+ft long and 14 to 18” in diameter) are required.

18.2 Rock materials from the dam removal may be used as a portion of a gradation or as the design mix if they meet the required gradation and durability.

19.0 Equipment Operation and Skill

19.1 Operators shall have sufficient skill and experience to properly perform the work assigned to them. Any operator who, in the opinion of the Contracting Officer, does not perform the work in a proper, safe and skillful manner, will be removed and replaced within 24 hours by the Contractor upon written request of the Contracting Officer.

19.2 Equipment rental will be used to construct the log jam portion of the project. All equipment rental operators will have a minimum of 5 years and a minimum of 2000 hours of experiance operating a track excavator with a hydraulic thumb. All other pieces of equipment will have operators with 2 years of experience and 1000 hours experience.

20.0 Equipment Rental Requirements

Excavators, skidders, loader, and other agreed upon equipment shall be furnished on a fully-operated basis, and in good operating condition with an operator. All excavator furnished will be manufactured in 2012 or later.

20.1 Medium to Large Excavators and excavators in logging configuration shall be a crawler-mounted hydraulic excavator, which meets the following minimum specifications. (300 Hitachi Backhoe, 330 CAT or equivalent for the large hoes):

Section C 11

a. Minimum bucket capacity of (1.75) cubic yards, with digging teeth and hydraulic thumb.

b. Has a medium or long stick, depending on pay item.

c. Crawler-mounted: Track width, 24-inch minimum.

d. Minimum operating weight of 65,000 lbs and a maximum Operating weight 73,000 lbs.

e. Minimum backhoe reach of 35 feet or greater (horizontal) depending on medium or large stick.

f. Have a working set of log tongs on boom chain or large diameter wire rope capable of handling logs from 14” to 30” diameter logs.

g. Have long and short chokers capable of handling logs 14” to 36” in diameter and 55ft in length.

20.2 Laborers and Fallers

a. Have chainsaws in working order for each laborer on site

b. Have 2 backup saws in case of breakdown

c. Have a cutoff (line) saw for cable and rebar cutting with extra abrasive blades

d. Have hard hats and safety equipment.

e. Have miscellaneous tools for construction such as adjustable ladders, 2 lb & 5 lb hammers, 8 to 12 lb sledge hammers, wedges, falling ax, pointed long handle shovel, steel rake, saw and bastard files and tools for saw repair.

20.3 All maintenance work and fueling of equipment shall be done in an area approved by the

COR where no damage to the streams will occur. All preventative maintenance, lubrication and fueling of equipment will be done outside of work hours and at the contractor expense. Approved oil absorbent pads will be placed under all equipment and vehicles being serviced or fueled.

20.4 Dispensing of oil or oil products shall only be done within a designated area. Fuel nozzles shall not be left unattended. All hoses shall be rewound immediately upon completion of use. All fuel and oil storage will be in accordance with all State and Federal regulations. Equipment fueling areas will be designated by the Contracting Officers Representative (COR) and will be accomplished approximately 150’ from the normal high water mark of the nearest active channel

20.5 Contractor shall provide adequate two-way communication facilities to report an accidental spill. The following persons shall be notified of any spill within 20 minutes of detection:

a. Contracting Officer Representative (COR) XXXX XXXX , (xxx) xxx-xxxx

20.6 Prior to the start of construction, the Contractor shall submit to the CO/COR, the names and telephone numbers of persons responsible for emergency response. If such persons cannot be reached in an emergency, the Forest Service shall take action to alleviate the emergency at the Contractor's expense.

20.7 All equipment and vehicles shall be in good working condition and free of leaks of lubricants, fuel, coolants and hydraulic fluids. Approved oil absorbent pads shall be provided under all equipment and vehicles being serviced or fueled. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements or is determined to be in any way unsafe or non-functional, shall be rejected.

20.8 If equipment is rejected or becomes inoperative, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 48 hours. If the Contractor is unable to repair or replace the equipment within 48 hours, equipment may be released. Payment for move-out will not be allowed for the rejected piece of equipment.

Section C 12

20.9 The Government shall not be liable for loss, damage, or destruction of equipment furnished under hourly rental except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of it’s employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

20.10 All repairs to equipment under this agreement shall be made and paid for by the Contractor.

Repairs shall be made promptly, and equipment returned to use within 48 hours unless otherwise agreed. In lieu of repairing equipment, Contractor may furnish similar replacement equipment within the time specified.

20.11 All Fuel, oil, and other operating supplies will be furnished by the Contractor.

20.12 All equipment hours are expected to be utilized on the contract. Occasionally the number of hours planned for a piece of equipment may not be fully utilized. Additional time may be required for another piece of equipment. In this case equipment time either will be deleted or be transferred from one piece of equipment to another. If rental time is transferred to another piece of equipment the unit rate for the piece of equipment utilized will apply.

21.0 Communications

The Contractor will provide the COR and 2 Inspectors with waterproof radios to allow direct communication with the equipment operators and Contractors representative on the ground. Each radio will have a spare battery and the Contractor will provide at least 2 rechargers with total capability of recharging 4 batteries simultaneously. Providing communications is incidental to all other pay items. At the end of the project all communication equipment will be returned to the Contractor.

22.0 Contract Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

23.0 Oil Spill Prevention

The Contractor will be working in and around sensitive fish stream and extreme care and diligence by the Contractor’s employees must be taken to prevent spills or leaks of oil and any toxic fluids (hydraulic oil, grease, gas, etc). Before operations begin, the Contractor will hang a 8” oil boom that spans the channel from bank to bank (~25 feet) across the East Branch Ontonagon at waterline immediately downstream of work site. The floating oil boom will be installed downstream at a location designated by the COR before construction begins. Install 2 - 25ft sections of oil boom immediately downstream of the project. All other materials will be kept dry and stockpiled at a strategic location designated on the ground by the COR.

The contractor will supply:

a. 80ft of 8” floating oil boom

b. 20 – 30 gallon heavy duty garbage bags for sorbent pad disposal

c. 200ft of 1/2” diamenter poly rope

d. 100 – 18” x 18” sorbent pads in stockpile

e. 25 sorbies per excavator and truck

f. 2 - Waterproof tarps - 16ft x 20ft

24.0 Dewatering / Turbidity Control - The Contractor is required to dewater and control turbidity during project construction. The contractor will develop a dewatering plan for a clean water bypass around the construction and pumping facility to deal with ground water and turbid water within the construction area. All turbidity and dewatering required are incidental to 208(51)

Section C 13

24.1 Mimimum required dewatering material list:

a. 2 - coffer dams (material and configuration determined by the Contractor)

b. Trash pumps capable of pumping 3 CFS over 100 feet of floodplain, including all hoses (inflow and outflow), screenbox/ foot valve,

c. 3 - 15’ x 15 ft sediment bags

d. 4 – 24” # 4 rebar stakes

e. Roll of rebar tie wire

25.0 Log Jam Construction

Construction of the log jams and log floodplain structures will be by equipment rental. The COR will provide direction of tasks to the Contractor. The Contractor will determine the best way to accomplish the task in a safe manner in accordance with OSHA requirements and within the heavy equipment’s capability. The COR will be present to inspect and approve placement, alignment, and elevations of placed logs before burial and as construction work continues.

26.0 Contractor Responsibility to Notify the Government

The Contractor must notify the COR when leaving the project area for 3 or more days, and within 24 hours before returning to the project area.

27.0 Permits

The Forest Service is responsible for obtaining all permits associated with instream construction activities (Mi EGLE and USACE). The contractor is required to obtain all necessary permits for transportation of heavy equipment on and across State of Michigan roads and other project operations (fueling, oil/diesel storage, traffic control, etc).

The Contractor will provide a copy of any transport and traffic control permits to the CO before mobilizing equipment, heavy haul and construction begins for those vehicles or operations that require permits.

28.0 Potential Unknown Conditions at Base of Dam

The existing dam structure was constructed over a potential older logging splash dam. The Dam location is also at a significant valley constriction, that typically means bedrock is present. The only existing set of original dam plans do not say in any detail on the composition of the structures base . The design in this contract assumes alluvial / diggable material composed of fine grained to boulder size materials along with possible logs from the historic structure. If the material is all alluvial / diggable, the existing design will be installed. If bedrock is encountered within 1.5ft of the base of the channel profile, the Contractor will stop work and notify the COR immediately. Construction of the channel will be halted for up to 7 calendar days to determine what and where adjustments to the design are required to adapt to the bedrock elevations. Delays less than 3 work weekdays will not be compensated. Delays greater than 3 work weekdays may be claimed by the contractor. The contractor will submit in writing requests for equitable costs adjustment with back up cost data for review. Any negotiations for cost modification/increases will be determined by, and approved by the CO.

29.0 Differing Site Conditions (Apr 1984)

a. The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of-

b. Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

c. Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

Section C 14

d. The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

e. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

f. No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

30.0 Technical Specifications

1) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-

14) which can be downloaded here: https://highways.dot.gov/federal-lands/specs

2) The attached Special Project Specifications and Forest Service Supplemental Specifications (FSSS) to the FP-14 are hereby made part of this Solicitation and any resultant Contract.

3) BEST MANAGEMENT PRACTICES BMP’S Soil and Water Conservation Handbook FSH

2509.22 The BMP Soil and Water Conservation Handbook, FSH 2509.22 can be found at:

http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf

4) The above is a list of major specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed here) are also fully applicable to the solicitation and any resultant contract.

C.4 FP-14 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND

BRIDGES ON FEDERAL HIGHWAY PROJECTS

Referenced Specifications:

The FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-14 are part of this solicitation and any resultant contract.

Copies of the FHWA Standard Specifications for Construction of Roads and Bridges are available from:

https://flh.fhwa.dot.gov/resources/specs/

SPECIAL NOTE: The specification contained in this contract is a list of major special project specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) or contained in the FHWA Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects are also fully applicable to the solicitation and any resultant contract.

Section C 15

Supplemental Specifications (SS) – The specifications identified in this contract were prepared by the Forest Service and are a supplement to or change the FHWA specifications.

SUPPLEMENTAL SPECIFICATION LIST

Section No Title

Preface SS-101 Terms, Format and Definitions SS-102 Bid, Award, and Execution of Contract SS-103 Scope of Work SS-104 Control of Work SS-105 Control of Material SS-106 Acceptance of Work SS-107 Legal Relations and Responsibility to the Public SS-108 Prosecution and Progress SS-109 Measurement and Payment SS-152 Construction Survey and Staking SS-153 Contractor Quality Control SS-155 Schedules for Construction Contracts SS-156 Public Traffic SS-157 Soil Erosion Control

SS-204 Excavation and Embankment SS-208 Structure Excavation and Backfill for Selected Major

Structures SS-622 Rental Equipment SS-625 Turf Establishment SS-648 Stream Simulation

SS-704 Soil SS-705 Rock

Submittal Schedule:

Refer to table below as a summary of the required sampling, testing, products and certification for the project - the table is to assist the Contractor, but may not be all inclusive – additional submittals may be required by the specific specification section:

SUBMITTAL SCHEDULE

SPEC.

SECTION

SECTION TITLE

SUB-

SECTION

REQUIRED SUBMITTAL

104 Control of Work 104.03(c) As-Built Plans

105 Control of Material

FSSS

105.02 (c) Contractor Weed-Free Material

Sources Certification

105 Control of Material 105.04 Private property agreements and documents

Section C 16

106 Acceptance of Work 106.03 106.04 106.05

Material certifications

Legal Relations &

Responsibility to the Public

107.01 Permits and agreements

Legal Relations &

Responsibility to the Public 107.10(b)

(SPCC) Plan or Hazardous Spill Plan

109 Measurement & Payment 109.04 Certified Delivery Records of Items Weighed for Payment

Construction Survey and

Staking 152.04 As-staked data and corrections

153 Contractor Quality Control 153.02 Contractor’s Quality Control Qualifications

153 Contractor Quality Control 153.03 Contractor Quality Control Plan

156 Public Traffic

FSSS

156.03 & 156.05

Traffic Control Plan & Temporary Closure Notice

Soil Erosion & Sediment

Control

FSSS

157.04 Soil Erosion & Sediment Control

Measures Plan

Soil Erosion & Sediment

Control 157.14

Erosion and sediment control measure inspections

171 Weed and Disease Prevention FSSS 171.03

Written Notification/Schedule for Equipment Noxious Weed

Inspection

Removal of Structure and

Obstructions

203.04 Structure removal plan

Removal of Structure and

Obstructions 203.05

Disposal statement, plan, agreement or permit

204 Excavation & Embankment 204.15 Sampling, Testing, & Compaction Results

Structure Excavation and

Backfill for Selected Major Structures

208.03 cofferdam design

Structure Excavation and

Backfill for Selected Major Structures

208.07 Dewatering plans

625 Turf Establishment

FSSS

625.07 Weed-Free & Approved Seed

Mix Certification