CTCLUSI RFQ.pdf

REQUEST FOR QUOTES

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND

SIUSLAW INDIANS

Waite Ranch Tidal Wetland Restoration Project – Tree Tipping and Hauling

Submission Deadline:

January 25, 2024 at 4:00 p.m.

Contents

1.0 Introduction

1.1 Project Goals

1.2 Responsibilities

1.3 Project Location

1.3 Site Visit

1.4 Timeline

2.0 Quote Information

2.1 Quote Documents and Format

2.2 Basis of Award

2.3 Rejecting the Quote

3.0 Scope of Work

Task 1

Task 2

Task 3

4.0 Federal, State and Tribal Provisions

4.1 Federal Provisions

4.2 State of Oregon Provisions

4.3 Tribal Provisions

5.0 General Requirements

5.1 Equipment Cleaning

5.2 Site Investigation and Representation

5.3 Vegetation Preservation

5.4 Final Cleanup

5.5 Protection of Cultural Resources

5.6 Protection of Fish, Wildlife, and Habitat for Endangered, Threatened and Sensitive

Species

5.7 Public Safety

6.0 Quote Documents

7.0 Example CTCLUSI Construction Contract

1.0 Introduction

The Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians (CTCLUSI) is seeking quotes from qualified contractors to tip, load, transport, and stockpile plantation trees from the Russell Creek vicinity, on Siuslaw National Forest property, to two tidal wetland restoration sites in the Siuslaw Estuary.

1.1 Project Goals

This contract will support the larger efforts of habitat restoration at the Waite Ranch Tidal Wetland Restoration Project, and the Hanson Creek Restoration Project, by supplying wood to be used in Wood Habitat Structures.

Previously in 2017, 110 plantation trees were tipped and staged with rootwads intact along NF-739 (44.056868, -123.983130). Those trees are staged in 20 separate piles containing 3-10 trees each. That tipping and stockpiling work was already completed for 110 trees and is not included in this contract Scope of Work. However, the loading, and transport of those 110 trees to other sites, as well as offloading and stockpiling at the restoration sites, is included in this Scope of Work. In addition, the Tribes has a formal request to the SNF to tip and export an additional 200 plantation trees from the same area on NF-739. Those 200 plantation trees are standing and not yet tipped. The total unit expectation is 310 trees, 110 of which have already been tipped, but 200 standing plantation trees are subject to approval from SNF which is expected after this Request for Quotes is posted. A Base Quote is being solicited from qualified contactors for hauling the 110 tipped trees, with an Additive Alternate Quote being solicited from contractors for tipping and hauling the 200 standing trees which are still subject to SNF approval.

Up to 310 trees will be loaded, transported and stockpiled at two separate sites. The staging areas are at the Hanson Creek site (up to 55 trees) and Waite Ranch site (minimum of 55 trees and up to 255 trees).

The trees are all Douglas fir, ranging between 15"-30" Diameter at Breast Height (DBH) and 70’-120’ tall/long. Trees will be measured starting at the rootwads, and cut into 40’ minimum lengths for hauling.

Tops shorter than 20’ will be left on site while tops longer than 20’ will be hauled and stockpiled at Waite Ranch. The work may include utilizing off-road and decommissioned spur road access that requires clearing to access standing trees. Rehabilitation of harvest area and roads are included in this Scope.

1.2 Responsibilities

The Contracting Agency (CA) is CTCLUSI. Work will be completed on U.S. Forest Service Siuslaw National Forest land, land owned by McKenzie River Trust (Waite Ranch), and FIA Timber Partners II (Hanson Creek). CTCLUSI, SNF, Siuslaw Soil and Water Conservation District (SWCD), McKenzie River Trust (MRT) and Siuslaw Watershed Council (SWC) staff will be responsible for providing technical expertise, supervision, and project inspection at all source locations, Waite Ranch, and Hanson Creek. The Contracting Agency (CA) is the CTCLUSI. The CA will be responsible for contract administration. The Contractor will work directly with all agencies to meet project goals.

1.3 Project Location

Location 1 - Plantation Tree Source Area (44.102755, -123.977264) https://www.google.com/maps/@44.0572969,-123.9853479,17z?entry=ttu

The plantation tree source is located in the North Fork Siuslaw River sub-basin, on Forest Service Road NF-739. The existing stockpiles are staged along one mile of NF-739 between 44.091059, -123.975 and 44.102755, -123.977264. GPS coordinates for each existing stockpile will be made available.

Additionally, if approved by SNF, up to 200 standing trees will be tipped by the Contractor in the same area under the supervision of USFS, SWC, MRT and CTCLUSI project managers. These trees will be clearly marked. Most trees will be along the roads so few access routes are needed. Adequate existing staging areas are available in close proximity to standing trees. Staging areas may need brush cut. Maps will be generated by CTCLUSI and SNF as needed for successful completion of the project. More information on the wood donation approval and location of these trees will be sent to all interested contractors when it becomes available to CTCLUSI from SNF. Most or all trees would be accessed using NF-739. NF-743 and NF-5842 are alternate roads that may be utilized as source locations if all trees cannot be sourced from

NF-739.

Location 2 – Waite Ranch Tidal Wetland Restoration Project site (43.98848923780721, - 124.02592320097752) Waite Ranch is located in Lane County, Oregon, on the north bank of Siuslaw River approximately four miles east of Florence, Oregon on Highway 126. 6920 OR‐126, Florence, OR 97439 (Waite Rd).

Location 3 – Hanson Creek Project Site (44.02021648071735, -123.96756883102529) The Hanson Creek project is located in Lane County, Oregon, on the north side of Highway 126 approximately eight miles east of Florence, Oregon. This project is managed by the Siuslaw SWCD.

1.3 Site Visit

A mandatory site visit is on January 19th

10:00 a.m. Meet at Bender Landon County Park

10:45-12:30 p.m. View stockpiled and standing trees at source location on NF-729

12:30-2:00 p.m. Drive to and view Waite Ranch stockpile location

2:00-3:30 p.m. Drive to and view Hanson Creek stockpile location

Contact Project Manager with questions.

Kyle Terry CTCLUSI Wetlands and Restoration Project Manager kterry@ctclusi.org office (541) 435-7205 (ext. 7205) cell (541) 294-9243

1.4 Timeline

Northern spotted owl (NSO) habitat exists within 110 yards of the proposed work area on NF-739.

Construction work on NF-739 shall occur before the onset of the Critical Breeding Season of March 1 through July 7th. An additional 15 days is included for final cleanup or work that occurs where restrictions are not in effect.

Posting January 9th

Site Visit January 19th

Quotes Due January 25th

CTCLUSI Evaluation of Bids January 25th through January 31st

Notice of Award to all Contractors February 1st

Signed Contract and Notice to Proceed February 2nd

Implementation February 2nd through February 29th

End of Work (Inside NSO Protection Area) February 29th

End of Work (Outside NSO Protection Area) March 15th

Contract End Date March 15th

2.0 Quote Information

All quotes must be submitted using the Quote Documents template and sent by email to kterry@ctclusi.org and njohnson@ctclusi.org. The subject line must include “Waite Ranch Tree Tipping Project”. Quotes may also be delivered in sealed envelope via USPS or other means of delivery, or by hand, to:

Coos, Lower Umpqua and Siuslaw Indians Attn: Kyle Terry 3757 Highway 101 Florence, Oregon, 97439

As stated in section 1.1, a pending request from CTCLUSI to the Siuslaw National Forest will determine if 200 trees will be donated to the Tribes. Currently, 110 trees are tipped and the hauling and stockpiling of those is the minimum Scope anticipated. If approved by USFS, an additional tipping and hauling of 200 plantation trees will also be included in the Scope. Hauling of the 110 tipped trees is included in the Base Quote while the additional tipping and hauling of 200 standing plantation trees is included in an Additive Alternate Quote on the Quote Worksheet.

2.1 Quote Documents and Format

The quote packet is included with this advertisement in section 7. Contact the Project Manager if you need a copy of the Quote Documents. The following items shall be submitted:

1) Certification of Nondiscrimination

2) Construction Contractors Registration Form

3) Subcontractor Disclosure Form

4) Statement of Qualifications

5) Quote Form

6) Quote Worksheet

2.2 Basis of Award

Evaluation is on the basis of price to the lowest responsive and responsible bidder. Approval or denial for tipping and export of the additional 200 trees is expected from the Siuslaw National Forest prior to the Quote Submittal deadline of January 25th. CTCLUSI will update contractors as soon as possible after the approval or denial of the wood request. Contractors should provide quotes for the Base and the Additive Alternate.

mailto:kterry@ctclusi.org mailto:njohnson@ctclusi.org

Maximum Scope of Work Expectation - Tip 200 trees and export 310 trees in total If the request for 200 additional trees is approved by Siuslaw National Forest, the Contracting Agency will evaluate the Base Quote and Additive Alternate Quote as a sum total. The Base and Additive Alternates will constitute the Scope of Work.

Minimum Scope of Work Expectation – Tip no trees and export 110 in total If the request for 200 additional trees is denied by Siuslaw National Forest, the Contracting Agency will evaluate the Base Quote only. The Base Quote will constitute the Scope of Work.

Quotes that conform in all material respects to the requirements stated in the advertisement are responsive; contractors who have the capability to fully perform the contract requirements (satisfactory reference checks, technical knowledge, facilities, licenses, equipment) are considered responsible.

2.3 Rejecting the Quote

The Contracting Agency may reject the quote if it finds:

1. The contractor has not substantially complied with all prescribed Request for Quote procedures and requirements.

2. If it is in the public interest to reject some or all of the quotes.

3. The contractor has not met the standards of responsibility, considering whether the contractor has:

o Available the appropriate financial, material, equipment, facility and personnel resources and expertise, necessary to indicate the capability of the contractor to meet all contractual responsibilities;

o Current, necessary licenses;

o Liability and other insurance in an amount necessary to meet quote requirements;

o Workers compensation coverage pursuant to ORS 656.407 or 656.128 o Satisfactory record of performance;

o Satisfactory record of integrity;

o Qualified legally to contract with the Contracting Agency.

3.0 Scope of Work

The Scope is divided into three separate tasks and summarized below. Successful bidders will have relevant experience tipping, loading, hauling and stockpiling plantation trees with rootwads intact.

Task 1: Tip up to 200 trees, with rootwads intact, and stage for loading onto trucks.

Prepare the site o Establishment of access and travel routes

Access and travel routes will be identified by the contractor and approved by USFS staff.

Includes clearing of decommissioned or overgrown spur roads, and establishment of off-road access routes to tree tipping, harvesting, and staging location.

o Establishment of tree staging areas for loading Trees should be staged to avoid interfering with current and future access routes for the public and for the project.

Contractor is responsible for locating and protecting all underground and overhead locatable utilities such as buried fiber optic line, culverts, etc.

Contractor is responsible for utilizing properly-sized equipment for all tasks associated with the contract.

Tip up to 200 trees, with rootwads intact o Trees for harvest are pre-identified by USFS personnel, and marked with paint and/or flagged.

Flagging and/or marking color will be clearly communicated to the contractor in advance of start date.

o Trees will be selected by the USFS staff based on the following criteria:

All trees are Douglas fir.

All trees are between 15-28” DBH.

Trees are large, full, structurally sound trees, free of excessive decay.

The contractor should make all attempts to avoid damaging snags or trees with complex growth characteristics, unless deemed a hazard to the activity.

The contractor should avoid tipping or damaging trees with existing complex forms (double-topped, etc.).

Trees shall be tipped and staged with as little damage to the tree as possible.

Trees shall be removed with as much rootwad attached as possible.

Branches shall remain intact and attached as much as possible to provide roughness for habitat at Waite Ranch and Hanson Creek.

Shake excess dirt from rootwad, but only as possible without damaging the tree.

Branches shall remain attached and intact to the maximum extent that is practical for safe hauling.

All biomass resulting from Work that that is not hauled offsite (tops shorter than

20’, broken branches) shall be removed from the road prism (over 10’ distance minimum from road prism) and scattered in adjacent tree stands or on access routes to the maximum extent possible.

Trees that were pre-selected but deemed inaccessible by Contractor due to safety reasons may be substituted for alternate trees within the tipping stands.

USFS and CTCLUSI will work with Contractor to find alternate trees that fall within the criteria listed above, or if contractor feels identified trees have safety hazards associated with tipping.

Recommended method: tree tipping using excavator or shovel.

Wet and muddy conditions are expected in project areas. Contractor shall not use equipment that causes environmental or infrastructure damage.

Contractor is responsible to restore all work areas to pre-project conditions.

Stage up to 200 trees for loading onto trucks o Trees will be staged within tipping stands where possible.

o Stage trees parallel to access road where possible.

o Group trees together, or in a series that allows for consecutive access.

o Make an effort to maintain the structural integrity of trees.

o Trees shall be measured from the rootwad in 40’ minimum sections and hauled in 40’-

50’ sections. Tops over 20’ long shall be hauled to Waite Ranch to provide fine woody debris for habitat.

Repair and Rehabilitate the Area o Repair will be minimized by minimizing the impact of harvest on surrounding plants and soil as much as possible.

o Return work area to pre-implementation conditions where possible

May involve re-decommissioning roads used to access sites

The Contractor shall inspect the current condition of the ingress/egress routes and shall make any necessary temporary roadway improvements to allow for large truck and equipment safe access to the site. After completion of Work, the Contractor shall restore the access routes and staging areas to preconstruction condition or better, or as approved by USFS and CTCLUSI Project Managers.

May involve additional rehabilitation to the extent practical and at US Forest Service discretion. Most trees will be along the roads so few access routes are needed. If access off roads occurs then the soils should be decompacted and brush scattered on surface.

Waterbars and other drainage features that are impacted by this Work shall be restored to pre-project conditions.

All roads that are impacted (NF-739) by this work shall be restored to pre-project conditions via spot rocking or other methods.

Task 2: Haul and stockpile 55-255 trees with rootwads at the Waite Ranch project site.

Staging location is accessed via Waite Rd. from Highway 126.

o The Contractor will stockpile trees according to instruction from Waite Ranch managers and/or engineer.

The project area is 217 acres. The location trees will be stockpiled was selected based on permitting and access logistics. The stockpile location is at 43.98848923780721, -124.02592320097752.

Alternative stockpile locations must be approved in advance by project managers or the project engineer.

Trees will be stockpiled in such a manner to minimize fracturing roots and limbs while maintaining a minimal footprint.

Stockpiles will not impede site access by other contractors, project managers, or the landowner.

o Waite Ranch Traffic Control.

The sole ingress/egress for the Waite Ranch site will be via the existing driveway at the west end of the property (Waite Rd). No other access points via Hwy 126 are allowed.

Contractor shall provide signage for “TRUCKS ENTERING AND LEAVING HIGHWAY” on Hwy 126, 500 feet, 1000 feet, and 1500 feet from the Waite Rd driveway in each direction, in accordance with the Waite Ranch Traffic Control Plan and the TM‐800 Series of the ODOT Standard Drawings. Contractor may not otherwise impede or block traffic at any time. Construction equipment and trucks may not stop on the roadway or work from the roadway or shoulder at any time.

o Contractor shall provide proof of insurance meeting requirements of Oregon Administrative Rules Chapter 734 Division 55 Section 0035.

Contractor shall provide insurance certificate naming Oregon Department of

Transportation as additionally insured.

o Contractor shall comply with all Federal and State regulations, rules, and laws during all work.

Contractor is responsible for ensuring compliance with Lane County regulations regarding egress from tipping locations onto North Fork Siuslaw Road.

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=183751

Contactor is responsible for coordination as necessary with private landowners along NF-739 and North Fork Siuslaw Road.

Task 3: Haul and stockpile 55 trees with rootwads at the Hanson Creek project site.

Staging location is accessed via private road located at 44.02021648071735, - 123.96756883102529.

o The Contractor will stockpile trees according to instruction from Hanson Creek project manager from the Siuslaw Soil and Water Conservation District.

The stockpile location will be identified at Hanson Creek during the pre-bid site visit.

Alternative stockpile locations must be approved in advance by SWCD project manager.

Trees will be stockpiled in such a manner to minimize fracturing roots and limbs while maintaining a minimal footprint.

Stockpiles will not impede site access by other contractors, project managers, or the landowner.

o Contractor shall comply with all Federal and State regulations, rules, and laws during all work.

Contractor is responsible for ensuring compliance with Lane County regulations regarding egress from tipping locations onto North Fork Siuslaw Road.

Contractor is responsible for coordination as necessary with private landowners.

4.0 Federal, State and Tribal Provisions

This project is federally funded and the Contract must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards). The Contractor will adhere to Federal clauses which are set forth in 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses.

4.1 Federal Provisions

CTCLUSI is a Non-Federal entity receiving Federal funds to complete this project. The principal purpose of this funding is to accomplish a public purpose of support or stimulation and serve a public function.

BABAA requirements apply to this project. In addition to other provisions required by CTCLUSI, all contracts made by the non-Federal entity under the Federal award must follow the procurement standards in 2 C.F.R. §§ 200.318 (General procurement standards) through 200.327 (Contract provisions) and include the clauses in Appendix II to the Code of Federal Regulations § 200.327 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, which are listed below.

A. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

B. All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement.

C. Equal Employment Opportunity.

D. Davis-Bacon Act, as amended (40 U.S.C. §§ 3141-3148).

E. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708).

F. Rights to Inventions Made Under a Contract or Agreement.

G. Clean Air Act (42 U.S.C. §§ 7401-7671q).

H. Debarment and Suspension (Executive Orders 12549 and 12689).

I. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

J. Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)) (codified at 2 C.F.R.

Part175).

K. 41 United States Code (U.S.C.) 4712, Enhancement of Recipient and Subrecipient Employee

Whistleblower Protection L. 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal

Government.

M. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving.

N. 41 USC Chapter 81 Drug-Free Workplace.

O. Recipients and subrecipients of Federal grants and cooperative agreement awards must comply with P. 2 C.F.R. § 200.322, the NFWF Subrecipient shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.

Q. The requirements of the National Environmental Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA).

This award is comprised of Department of Commerce Funds, therefore is subject to the applicable non- Federal entity requirements in the DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS. The recipient must comply with all applicable laws and regulations of the United States, requirements of all other Federal laws, executive orders, regulations and policies:

In accord with section 24-34-402, C.R.S. Non-Discrimination Requirements: No person in the United States may, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. The recipient agrees to comply with the non-discrimination requirements below:

o Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance o Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities.

o The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by State and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation;

o Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance.

o The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; and o Compliance with the Immigration Reform and Control Act of 1986. This project will comply with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment.

o Any other applicable non-discrimination law(s).

4.2 State of Oregon Provisions

This project takes place on lands where the State of Oregon maintains jurisdictional authority and the Contract must contain the applicable contract clauses. The recipient must comply with all applicable laws and regulations of the State of Oregon. This project is for a public improvement subject to the prevailing rates of wage requirements of ORS 279C.800 to 279C.870, or by the U.S. Secretary of Labor, whichever is greater. CTCLUSI will not receive or consider a bid unless the bid contains a statement by the bidder that the bidder will comply with ORS 279C.838 or 279C.840.

Pursuant to ORS 279C.836, the Contractor shall:

a. Have a public works bond filed with the Constriction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8), or (9).

b. Include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

4.3 Tribal Provisions

This contract will be administered by a federally recognized Tribe and as such additional provisions apply and are described below.

Tribal funds that are subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) shall be expended in such a manner as to ensure that the policies and procedures adopted by CTCLUSI comply with the standards for providing preference in procurement activities consistent with the requirements of Section 7(b) of the Indian Self-Determination and Education Assistance Act.

To the greatest extent feasible, CTCLUSI shall give preference in the award of contracts for projects funded under grants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act to Indian organizations and Indian-owned economic enterprises. To achieve Indian preference in contracting, CTCLUSI shall apply the preference order stated below with the lowest responsive bid if that bid is within the budgetary limits established for the specific project or activity for which bids are being taken and no more than “X” higher (“Maximum Allowed Overage”) than the total bid price of the lowest responsive bid from any qualified bid where “X” is determined as follows:

Bidders representing Indian-owned companies may contact CTCLUSI Project Management staff before 72 hours prior to bid close and provide certification demonstrating Indian ownership for consideration of credits per CTCLUSI policy.

5.0 General Requirements

The following requirements apply to this work and are standard in CTCLUSI habitat restoration contracts. Qualified contractors will have experience performing work under these requirements.

5.1 Equipment Cleaning

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to entrance onto the project. 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.

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

5.2 Site Investigation and Representation

The Contractor acknowledges satisfaction as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, access to the sites, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, ground water elevation, or similar physical conditions at the site and all other matters that can in any way affect the work or the cost thereof under this contract.

The Contractor further acknowledges satisfaction as to character, quality, and quantity of surface and subsurface materials to be encountered from their inspection of the site and from reviewing any available records included in these documents. Failure by the Contractor to become acquainted with the physical conditions of the site and all the available information shall not relieve the Contractor from the responsibility for properly estimating the difficulty or cost of successfully performing the work. Bidders and Contractors are responsible for making their own determination of subsurface conditions.

The Contractor warrants that as a result of examination and investigation of all the aforesaid data, the

Contractor can perform the work in a good and workmanlike manner and to the satisfaction of the Coordinating Agency.

5.3 Vegetation Preservation

A. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, or similar natural features not designated for treatment. Fully preserve trees in the project vicinity as much as possible. Removal of trees must be approved by Contracting Agency prior to removal.

B. 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, 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 Engineer.

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 CA, and damage to vegetation or structures outside the project limits shall be repaired as directed by the CA.

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

5.4 Final Cleanup

Contractor shall remove and dispose all of its own trash and refuse from the Project area. Material to be removed includes, but is not limited to garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of Project, all stakes, sediment and turbidity control devices, flagging, wood debris, rock chips, 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 the job site and in accordance with State and Local disposal requirements.

5.5 Protection of Cultural Resources

Comply with all Laws governing preservation of cultural resources. Cultural resources may include, but are not limited to, dwellings, bridges, trails, fossils, and artifacts. If cultural resources are encountered on the Project area or in material sources, immediately discontinue operations, protect the cultural resource from disturbance or damage, and notify the CA.

5.6 Protection of Fish, Wildlife, and Habitat for Endangered, Threatened and Sensitive

Species Comply with the Laws of the Oregon Department of Fish and Wildlife, National Marine Fisheries Service, and U.S. Fish and Wildlife Service, and the rules and practices developed through the Oregon Plan for Salmon and Watersheds. Conduct operations to avoid any hazards to the safety and propagation fish and shellfish in waters of the State and U.S. and wildlife.

Comply with the Migratory Bird Treaty Act (16 U.S.C. 703-712) which protects most species of birds in Oregon and prohibits the removal of nests containing eggs and dependent young. Known locations of any area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, will be identified on the ground and on maps There is no blasting allowed. To minimize the risk of attracting predators to activity areas, all garbage (especially food products) shall be contained or removed daily from the vicinity of any activity.

5.7 Public Safety

The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of roads and project sites. The Contractor shall supply flaggers on both ends of the road when cutting or tipping within 100 yards of open and active roads. For the duration of the project, the "open and active" roads can be considered any tipping/felling that occurs while working on. While working on spur roads, a vehicle should be placed at the beginning of the spur to block any potential traffic from entering the work area.

6.0 Quote Documents

The Quote Documents begin on the next page. See Quote Documents section for instructions on submitting a quote. The Quote Documents must all be completed and submitted with quotes.

1) Certification of Nondiscrimination

2) Construction Contractors Registration Form

3) Subcontractor Disclosure Form

4) Statement of Qualifications

5) Quote Form

6) Quote Worksheet

7.0 Example CTCLUSI Construction Contract

The standard, long form CTCLUSI construction agreement will be used for this contract. An example is included for reference after the Quote Documents.