RFP_Eel Creek Bridge.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0388

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

04-09-10

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379681

6. PROJECT NO.

7. ISSUED BY

CODE

EROC Northwest Contracting Office @ 16400 Champion Way Sandy, Oregon 97055

EROC Northwest Contracting Office @ Siuslaw National Forest 4077 S.W. Research Way Corvallis, Oregon 97339

9. FOR INFORMATION

CALL:

A. NAME

Monty Bell, CO or Bill Butler, Tech Engr

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-750-7114 (CO) 541-225-6368 (Engr)

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):

RECOVERY: EEL CREEK BRIDGE

SIUSLAW NATIONAL FOREST

CENTRAL COAST RANGER DISTRICT

COOS COUNTY, OREGON

Price Range: The Government’s estimate is between $500,000 and $1,000,000 This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

TAS::12 1102::TAS RECOVERY

THIS IS A HUBZONE SET-ASIDE.

NOTE: Address/Mail/Deliver proposals to BLOCK 8 address. Bid guarantees must be received no later than the specified closing date. Bid Bonds must be originals.

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

FORMCHECKBOX

award, X notice to proceed. This performance period is X mandatory, negotiable. (*See Part I Section F.)

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

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

X YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

TEN (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 11:00 am (hour) local time May 10, 2010(date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee X 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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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)

CODE

FACILITY CODE

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 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: PLACE AMOUNTS IN SECTION B

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

1. 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

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

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Pay Items

Notes

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

· List Of Attachments SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

Note regarding VETS-100

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SCHEDULE OF ITEMS

EEL CREEK BRIDGE

Central Coast Ranger District Siuslaw NF Coos County, Oregon

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum All

15201

Construction survey and staking, method 1, tolerance A

Lump Sum All

15713

Soil erosion and pollution control

Lump Sum All

15755

Dewatering structure

Lump Sum All

20102

Clearing and grubbing

Lump Sum All

20305

Removal of structures and obstruction

Lump Sum All

20401

Roadway excavation, compaction method B, finishing method D

*Cubic Yard

20801

Structure excavation

*Cubic

Yard

25101

Placed riprap, class 4A

*Cubic Yard

25116

Geotextile, type 1-A

*Square Yard

32203

Aggregate base, grading D, Compaction method D

*Cubic Yard

40401

Minor hot asphalt concrete

*Ton

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

41502

Asphalt sealant

*Ton 1.29

55151

Furnish pile driving equipment

Lump Sum All

*Cubic Yard

30” x 4’-0” x 68’-0” voided slabs

55401

Reinforcing steel

*LBS

12,551

55601

Two tube side mounted steel bridge railing

L.F.

56401

Bearing device, elastomeric

Each

61201

Sewer system

Lump Sum All

61202

3 inch sewer line, temporary

*L.F.

61702

Terminal section, type 2, flared, test level 2

Each

61752

Guardrail Transition

Each

62502

Seeding, dry method

*Square

Yard

63405

Turn Arrow – type A

Each

63501

Temporary traffic control

Lump Sum All

63605

Relocate overhead utilities

Lump Sum All

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

63605A

Relocate CLPUD, phone, cable fees

Lump Sum All

*Denotes contract quantity 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.

DUNS NUMBER:_______________________________

TAX IDENTIFICATION NUMBER (TIN):__________________________

E-MAIL _______________________________________________

NOTES

HUBZone Set-Aside: This solicitation is set aside for HUBZone certified contractors. Offers will not be considered from concerns that are not currently certified under the HUBZone program. Small business concerns must register with the Small Business Administration at http://www.sba.gov/hubzone BID Items: Offerors must bid on all items. If Offeror does not intend to charge for an Item, a price of 0” or “NO COST” should be shown.

Bond Premiums: Bond premiums shall be included under item 15101 Mobilization. See payment terms covered under specification section 151 Mobilization and the standard contract payment clauses.

Proposal Submission Documents: See Section L for a list of required Proposal Submission Documents and other instructions

Central Contractor Registration: Prior to any contract award Contractors must be currently registered in the Central Contractor Registration (CCR) System, which established Electronic Fund Transfer for payment purposed under federal contracts. See Section I (52.204-7).

Ref: http://www.ccr.gov Representation and Certifications: Contractors shall provide Representations and Certifications electronically via the On line Representations and Certifications Application (ORCA). See Section K (52.204-8) for requirements.

Ref: http://orca.bpn.gov Veteran Information: Contractors must register with VETS-100 for contracts awarded in excess of $100,000. See Section K (52.222-38) for requirements.

Ref: http://www.vets100.cudenver.edu

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

Work includes: Demolition and removal of existing culvert and fill; move existing temporary bridge from present position to temporary bypass route position and construct temporary approaches and bypass road; excavate new creek channel; provide and install riprap; provide and construct sixty- seven (67) foot span prestressed precast concrete voided slabs on driven steel piles with cast-in-place concrete cap and wingwalls bridge; install temporary water and waste water lines and construct permanent water and waste water lines suspended on bridge; coordinate with PUD, phone, and cable providers to relocate overhead utilities to buried and construct trench; construct bridge approaches; transport temp bridge to the Mount Hood National Forest, Hood River District Office, 6780 HWY 35, Parkdale, OR.

The project can be located as follows: From Corvallis, OR, travel east on State Route 34 approximately 10 miles to Interstate 5. Merge onto I-5 south and travel approximately 66 miles to State Route 38. Exit I-5 onto SR38 and travel west approximately 57 miles to Reedsport, OR. At Reedsport turn south onto US 101 and travel approximately 11 to Eel Creek Campground. Turn west toward the campground and arrive at the project site.

The Government’s estimate is in the range between $500,000 and $1,000,000 for ALL Items.

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects

FP-03

U.S. Customary Units Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

P.O. Box C700

100 Bar Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

Highway and Transportation Officials

444 North Capitol Street, NW

Suite 249

Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org

Specifications & Consumer Information Distribution Section

Washington Navy Yard, Bldg. 197

Washington, DC 20407

1906 Smith Tower Building

506 Second Avenue

Seattle, WA 98104

Federal Office Bldg., Rm 6048

909 First Avenue

Seattle, WA 98174

(206) 442-5930

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.

(End of clause)

The following shop drawings shall be submitted on this project:

Specification No Time of Government Approval

After Submittal

(End of clause)

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

Specification No Time of Government Approval

After Submittal

Structural Steel Certified Test Results

a. Steel Specified by AASHTO Designation

Steel Specified by ASTM Designation 555.20

555.05 & 717.01

555.05 & Plans 14 Days

(AGAR 452.211-73)(FEB 1988)

The attachments to the Statement of Work/Specifications, listed in Section J, are hereby made part of this solicitation and any resultant contract.

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units) are applicable to this project. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

(a) Section 100 through 149 of the Standard Specification and all other Standard or Supplemental Specifications shown in the specification listing are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The Supplemental Specifications are physically attached in Section J (Separate Document).

(b) See the following for the specification lists and supplemental specifications. (Separate Document – Section J)

Preface

101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations.

101.04 Definitions.

102 - Bid, Award, and Execution of Contract

102 Bid, Award, and Execution of Contract

103 - Scope of Work

Deletions

104 - Control of Work

Deletions

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material 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

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

108 - Prosecution and Progress

108 Delete.

109 - Measurement and Payment

109 Deletions

109.02 Measurement Terms and Definitions.

151 - Mobilization

152 - Construction Survey and Staking

153 - Contractor Quality Control

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.

156.08 Traffic and Safety Supervisor.

157 - Soil Erosion Control

157.03 General

171 - Weed and Disease Prevention

201 - Clearing and Grubbing

201.01 Description

201.04 Clearing. (c)

203 - Removal of Structures and Obstructions

203.01 Description.

204 - Excavation and Embankment

208 - Structure Excavation and Backfill for Selected Major Structures

251 - Riprap

251.03 General

322 - Minor Aggregate Courses

404 - Minor Hot Asphalt Concrete

404.02 Composition of Mix (Job-Mix Formula).

404.03 Surface Preparation

404.04 Weather Limitations

404.06 Placing

404.07 Compacting (a)

404.09 Acceptance.

Table 404-1. Sampling and Testing Requirements.

412 - Asphalt Tack Coat

412.07 Acceptance

415 - Paving Geotextiles 551 - Driven` Piles

551.03 Pile Driving Equipment

552 - Structural Concrete

552.02 Material

553 - Prestressed Concrete

553.02 Material

554 - Reinforcing Steel

554.03 Order Lists

555 - Steel Structures

555.18 Welding

556 - Bridge Railing

556.01 Description

564 - Bearing Devices

611 - Water Systems

611.01 Description

612 - Sanitary Sewer Systems

612.01 Description

617 - Guardrail

617.02 Material

625 - Turf Establishment

634 - Permanent Pavement Marking

634.03 General.

635 - Temporary Traffic Control

635.03 General.

636 - Signal, Lighting, and Electrical Systems

701 - Cement

701.02 Masonry and Mortar Cement

709 - Reinforcing Steel and Wire Rope

709.01 Reinforcing Steel

712 - Joint Material

712.01 Sealants, Fillers, Seals, and Sleeves

715 - Piling

717 - Structural Metal

717.01 Structural Steel

718 - Traffic Signing and Marking Material

718.02 Reserved.

718.02 Protective Overlay Film and Edge Film.

718.05 Aluminum Panels

725 - Miscellaneous Material

See Section I clause (incorporated by reference) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (JUL 2004) for contract bonding requirements

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed on the project unless otherwise agreed to.

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Plans, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is in compliance with reasonable and customary manufacturing and construction tolerances.

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

SECTION F--DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 (ten) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time specified below. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed byJune 1, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

F-4 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

(c) No blasting is allowed.

(d) Access to Eel Creek Campground may be closed for a total of four (4) weeks between July 7 and September 30, 2010, however, the campground must remain open during period of August 31 – September 8, 2010, except as otherwise approved by the Contracting Officer. Specify closure periods in the Project Work Schedule submittal. With the exception of the approved closures access to the campground shall be maintained. Normal construction delays shall be limited to five (5) minutes or less. Delays shall not result in traffic backing up onto the highway.

(e) Instream activities are precluded between September 15 and July 1 , except as otherwise approved by the Engineer.

SECTION G--CONTRACT ADMINISTRATION DATA

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.

(a) Government furnished seed for Item 62502 - Within 10 working days of Contractor Request

(b) Temporary Bridge (On Site)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at a mutually agreed location.

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractural coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractural coverage could result in nonpayment or necessitate submittal of a contract claim.

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a. The name, address and telephone number of the subcontractor.

b. The date upon which the subcontract was entered into and its duration.

c. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d. Documentation of the subcontractor's representative authority. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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 core borings.

(b) Weather conditions suitable for performance of exterior work are typical for the Oregon Coast.

H-2 ROAD USE AND MAINTENANCE

Use of Roads

(a) The Contractor is authorized to use roads that are listed as access to this project.

Restrictions or Requirements

See Road Rules Maintenance Required

None

If the Contractor requests use of a National Forest road or segment not designated for use, the Forest Service may authorize such use if not in conflict with the current Road Rules Document. Authorization to use such additional roads may include maintenance requirements and use limitations.

The roads authorized for use are subject to the following provisions:

1. The Road Rules in the current Siuslaw, Willamette, Mt. Hood, Deschutes and Umpqua National Forest Road Rules Document are applicable to all commercial road users. These documents titles SIUSLAW NATIONAL FOREST ROAD RULES, COMMERCIAL HAULING ROAD RULES MAP (Willamette National Forest), MT. HOOD NATIONAL FOREST ROAD RULES POLICY, DESCHUTES NATIONAL FOREST COMMERCIAL ROAD RULES, and COMMERCIAL ROAD RULES (Umpqua National Forest) are available for inspection at the Willamette and Siuslaw National Forest Supervisor's Offices.

2. State laws governing traffic rules and equipment requirements on State and County highways.

3. Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State or Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may otherwise be provided in the contract.

4. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

5. Unless otherwise provided, the Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for its use, unless snowplowing of the road is prohibited below or in the Road Rules Document. On roads where snowplowing is authorized, a permit defining snowplowing requirements is required. The Contractor will be responsible for repair of any damage to the road structure caused by the snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average uncompacted depth of more than 4 inches of snow unless the road has been snowplowed.

Traffic Control

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public Suitable warning signs shall be provided to properly control and direct traffic.

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 project crosses or coincides with an existing road or trail.

(End of clause)

Government-furnished utilities are not available to the Contractor on the project.

(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. 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.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124, and then immediately notify the Contracting Officer.

Contractor shall have a SPILL RESPONSE KIT on the project whenever equipment is operating. The spill kit shall be sufficient to absorb 34 gallons of oil, designed to float on the surface, while absorbing oil and repelling water. The KIT shall meet or exceed the physical properties of “New Pig Products Spill Kit #408”.

Oil absorbing mats are required under all stationary equipment, or equipment being serviced within the Forest Boundary to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare 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.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Forest Service Land.

(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas flagged on the ground or beyond two feet from edge of walkways, top of cuts, or toe of fills.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

(e) "Before You Dig" - Contractor is responsible for locating existing utilities prior to digging.

(f) On-site work shall not incorporate straw, hay, or other items that may contain noxious weeds or seeds. Straw may be used only if certified to be weed free.

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 certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all necessary steps to mitigate the dangers from hazards.

Confined space entry.

[ X] Temporary excavation/deep trenching/slope stability.

Tree falling.

Fall hazard from work heights exceeding six feet.

Blasting.

Traffic control on high-volume and/or high-speed and/or limited visibility roads.

Heavy equipment operation.

Tree climbing and/or tower climbing.

Fire hazards.

Hazardous materials handling.

Electrical hazard.

Hydraulic and/or pneumatic and/or other high pressure hazards.

Mechanical hazards such as pulleys, springs, etc.

Other __________________________________

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.

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.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) yellow starthistle (C. solstitialis) gorse (Ulex europaeus) rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) scotch broom (Cytisus scoparius)

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.

Provide two (2) copies of each of the following samples and/or submittals for approval:

(a) The project site is accessed by Forest Roads that are to remain open for public use during performance of work under this contract except in the immediate project area which may be closed by contractor during construction activity. Contractor shall conduct work in such a manner as to protect the public.

(b) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA lands or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the contractor.

(c) Fuel storage is not allowed within the project site unless noted elsewhere.

All other permits (unless noted elsewhere) are not required to be obtained by the Contractor due to project’s Federal status. The lack of permits will not have negative impacts to the Contractor’s license and ability to work within the city in the future. Contractor is responsible, as noted above, to comply with all codes, laws and regulations applicable to this work.

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

H-11 PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, Contractor shall remove the existing traffic signs within the work area and reinstall as shown on the plans.

(End of clause)

H-12 SANITATION REQUIREMENTS

Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in road construction or in removing timber under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

(End of clause

H-13 STATE PERMITS

Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the nonapplicability of PUC requirements.

(End of clause)

H-14 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 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by 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 <> all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve 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.

(End of clause)

H-15 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 endangered under the Endangered Species Act of l973, 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 needed to protect such areas have been included elsewhere in this contract or are as follows:

None

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.

(End of clause)

H-16 CONTROL OF MATERIAL

A Rights In and Use of Materials: The Contractor may use on the project suitable stone, gravel, or sand encountered in the excavation.

B Excavation: Unclassified.

C Material Sources:

1. Borrow sources, if needed, must be approved in advance by the Contracting Officer. Such borrow sources shall be restored to a natural appearance.

2. Native timber material used in construction shall not be taken within sight of any road or trail. Stumps resulting from tree cutting shall be no more than six (6) inches in height. All debris resulting from preparation of the native timber for use, shall be scattered not more than four (4) inches in depth and out of meadows, stream courses, lakes and ponds.

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

D 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, 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.

E Local Disposal Sites: Designated disposal sites for this project are shown on the Plans.

F Earthwork Tolerances: Unless working tolerances are specified, all work performed and materials…