IFB_Sol_Book2_Bitterroot.pdf

INVITATION FOR BIDS

Solicitation No. DTFH70-09-B-00017

MT PFH 78(1) BOOK 2 OF 2

EAST FORK BITTERROOT ROAD

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, Minimum Wage Schedule, Special Contract Requirements, and Plans

This solicitation cites

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7520 – FAX: (360) 619-7932 Web site: http://www.wfl.fhwa.dot.gov/contracting/ e-mail : wfl.contracts@dot.gov

Bid Opening Date:

See Page A-3, Block 13A

QUICK INDEX

Page Item --- Bid Submittal Checklist --- Authority to Sign --- Bid Bond --- Table of Contents A-1 Notice to Bidders A-3 SF 1442, Solicitation, Offer and

Award A-6a Subcontracting Plan A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 Davis-Bacon Wage Rates E-1 Special Contract Requirements H-1 Permits I-1 Storm Water Pollution

Prevention J-1 Fire Protection & Suppression

BID REMINDERS

Electronic bids will not be accepted. Submit printed copy of bid to the address listed on the enclosed SF 1442. Before submitting your bid, please review the following:

Have you rechecked your bid figures?

Have you completed the bid schedule?

Have you completed and signed the SF 1442, Solicitation, Offer & Award?

Have you acknowledged all amendments?

Have you completed the Representations &

Certifications (Page B-1)?

Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including Power of Attorney affidavit?

Does the lower left corner of the proposal envelope state “Bid Enclosed”?

Does the lower left corner include the Solicitation Number and the project number/name?

A-1 Notice to Bidders

PROJECT NAME MT PFH 78(1)

EAST FORK BITTERROOT ROAD

BEGINNING AT 1+00

ENDING AT 774+60

NATIONAL FOREST BITTERROOT

COUNTY RAVALLI

STATE MONTANA

LENGTH 14.652 miles

FIXED COMPLETION DATE See FAR Clause 52.211-10 (FAR Clauses begin on page C-1)

03USC07/06/09

ATTENTION

The following Special Contract Require ments (SCRs) are only a portion of the specifications for this proj ect. T hese SCRs am end a nd supplem ent the Standard Specifications for Construction of Roads and Br idges on Federal Highway Projects, FP-03.

The FP-03 U.S. Customary Units is a separately published book. In order to understand the solicitation properly you need to have the FP-03 U.S. Custom ary Units as well as th is packet. Pay particular atten tion to the provisions of Subs ection 104.04 in the FP-03. This Subsection explains how each of the many contract documents fit together.

If you would like to view the FP-03 U.S. Customary Units electronically, go to:

http://www.flh.fhwa.dot.gov/resources/pse/specs/

If you would like a printed copy of the FP-03 U.S. Customary Units, contact the:

Contracts Section Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver, WA 98661 Phone: 360.619.7520 Fax: 360.619.7932 E-mail: wfl.contracts@dot.gov

(printed copies of the FP-03 will be distributed to the successful bidder)

SCRs Table of Contents Project: MT PFH 78(1), East Fork Bitterroot Road http://www.flh.fhwa.dot.gov/resources/pse/specs/ mailto:wfl.contracts@fhwa.dot.gov

SCRs TABLE OF CONTENTS SPECIAL CONTRACT REQUIREMENTS (SCRs) The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units.

DIVISION 100 GENERAL REQUIREMENTS

Section 101 Terms, Format, and Definitions................................................................E-1 Section 102 Bid, Award, and Execution of Contract....................................................E-2 Section 103 Scope of Work ..........................................................................................E-3 Section 104 Control of Work........................................................................................E-4 Section 105 Control of Material ...................................................................................E-7 Section 106 Acceptance of Work .................................................................................E-10 Section 107 Legal Relations and Responsibility to the Public .....................................E-14 Section 108 Prosecution and Progress..........................................................................E-19 Section 109 Measurement and Payment.......................................................................E-22

DIVISION 150 PROJECT REQUIREMENTS

Section 152 Construction Survey and Staking .............................................................E-28 Section 153 Contractor Quality Control and Assurance...............................................E-33 Section 154 Contractor Sampling and Testing .............................................................E-46 Section 155 Schedules for Construction Contracts ......................................................E-49 Section 156 Public Traffic ............................................................................................E-53 Section 157 Soil Erosion Control .................................................................................E-55 Section 158 Watering for Dust Control .........................................................................E-56

DIVISION 200 EARTHWORK

Section 203 Removal of Structures and Obstructions ..................................................F-1 Section 204 Excavation and Embankment ...................................................................F-2 Section 207 Earthwork Geotextiles ..............................................................................F-6 Section 209 Structure Excavation and Backfill ............................................................F-9

DIVISION 250 STRUCTURAL EMBANKMENTS

Section 251 Riprap .......................................................................................................F-12

DIVISION 300 AGGREGATE COURSES

Section 308 Minor Crushed Aggregate ........................................................................F-13 Section 310 Recycled Aggregate Base .........................................................................F-14

DIVISION 400 ASPHALT PAVEMENTS AND SURFACE TREATMENTS

Section 401 Superpave Hot Asphalt Concrete Pavement.............................................F-17 Section 403 Hot Recycled Asphalt Concrete Pavement ..............................................F-29 Section 404 Minor Hot Asphalt Concrete ...................................................................F-30 Section 411 Asphalt Prime Coat...................................................................................F-30 Section 412 Asphalt Tack Coat ....................................................................................F-30 Section 414 Asphalt Pavement Crack and Joint Sealing ..............................................F-31

DIVISION 550 BRIDGE CONSTRUCTION

Section 554 Reinforcing Steel ......................................................................................F-32

DIVISION 600 INCIDENTAL CONSTRUCTION

Section 601 Minor Concrete Structures........................................................................F-33 Section 602 Culverts and Drains ..................................................................................F-34 Section 607 Cleaning, Reconditioning, and Repairing Existing

Drainage Structures ..................................................................................F-35 Section 622 Rental Equipment .....................................................................................F-38 Section 623 General Labor ...........................................................................................F-39 Section 625 Turf Establishment....................................................................................F-40 Section 629 Rolled Erosion Control Products and

Cellular Confinement Systems ................................................................F-41 Section 633 Permanent Traffic Control........................................................................F-42 Section 635 Temporary Traffic Control .......................................................................F-43

DIVISION 700 MATERIAL

Section 701 Cement......................................................................................................G-1 Section 703 Aggregate..................................................................................................G-2 Section 704 Soil............................................................................................................G-5 Section 706 Concrete and Plastic Pipe .........................................................................G-5 Section 709 Reinforcing Steel and Wire Rope .............................................................G-5 Section 712 Joint Material ............................................................................................G-5 Section 713 Roadside Improvement Material ..............................................................G-6 Section 714 Geotextile and Geocomposite Drain Material ..........................................G-8 Section 718 Traffic Signing and Marking Material......................................................G-10 Section 720 Structural Wall and Stabilized Embankment Material .............................G-11 Section 725 Miscellaneous Material.............................................................................G-13

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Special Contract Requirements

03USC06/22/07

Section 101.— TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations. (a) Acronyms. Add the following:

SPCC – Spill Prevention Control and Countermeasure (see http://www.epa.gov/emergencies/content/spcc/)

101.04 Definitions. Amend as follows:

Add the following:

Holidays — Holidays occur on the following days:

1st day of January - New Year’s Day;

3rd Monday of January - Martin Luther King, Jr. Day;

3rd Monday in February – Presidents’ Day;

Last Monday in May - Memorial Day;

4th day of July - Independence Day;

1st Monday in September - Labor Day;

2nd Monday in October - Columbus Day;

11th day in November - Veterans Day;

4th Thursday in November - Thanksgiving Day;

25th day in December - Christmas Day;

Other days declared holidays by the Congress or the President; and

If a holiday falls on a Saturday, the preceding Friday is also a legal holiday. If a holiday falls on a Sunday, the Monday following is also a legal holiday.

SE/P75 Index (SEP) — SE/P200 Index (SEP) is a measure of a material’s ability to perform based on the quality and quantity of fines present. The quality is represented by the sand equivalent (SE) and quantity is represented by the percent passing the No. 200 (P200). The SEP is computed as follows:

For an SE ≥ 29, 25+P

SE

=SEP

For an SE < 29, P+SE

4+SE

=SEP

Where:

SE = Plastic fines in graded aggregates and soils by using the sand equivalent test AASHTO T 176, Alternate Method No.2, Reference Method

P200 = Material finer than No. 200 Sieve in mineral aggregates by washing AASHTO T 11

Unsuitable Material. Add the following:

Unsuitable material also includes all material removed within subexcavation and deep patch limits excluding asphalt concrete pavement.

http://www.epa.gov/emergencies/content/spcc/

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03USC07/06/09

Section 102.— BID, AWARD, AND

EXECUTION OF CONTRACT

102.05A Contract Award. (Added Subsection.)

Follow the requirements of FAR Clause 52.214-19, Contract Award - Sealed Bidding - Construction.

The successful bidder will be awarded all pay items listed in the bid schedule.

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03USC05/12/09

Section 103.— SCOPE OF WORK

103.01 Intent of Contract. Add the following:

Additional work on sites within or in the vicinity of the project may be requested by the CO.

Such work generally will be in response to natural disasters. This paragraph does not affect the respective responsibilities of the parties under Subsection 107.06. Provide cost proposals and perform work as ordered by the CO.

103.06 Issue Resolution. (Added Subsection.)

Resolve project issues at the lowest authorized level and in the most expedient manner possible.

Escalate unresolved issues to the next higher level in a timely manner to avoid adverse impacts to costs, risks, or time. Either party may request an issue be escalated. Submit requests in writing. Upon the request of either party, both parties must escalate the issue. An exception to escalating an issue may be observed when both parties agree extra time is needed for the development of facts.

Decision making is encouraged to be made at the lowest authorized level. Recommendations, options, and ideas by all team members are requested. Decisions made at the lowest level possible will be supported by all management levels. Countermands of decisions will not be permitted, except where there is a conflict with code, regulation, law, the contract, or a change of critical facts or information which causes a re-evaluation of the resolution. Support of a countermand by the original decision team is critical. All Contractor and Government team members must understand why the change is necessary and must be able to support it.

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03USC07/01/09

Section 104.— CONTROL OF WORK

104.03 Specifications and Drawings. Amend as follows:

(b) Specific requirements for concrete and miscellaneous structures. Delete paragraph (1)(c) and substitute the following:

(c) Forms and falsework for cast-in-place concrete structures less than or equal to 6 feet in height;

Add the following paragraph:

(c) As-built working drawings. Furnish one set of as-built working drawings. The Government will provide one set of contract drawings to be used exclusively for recording the as-built details of the project. Use red pencil or red ink to record the information described below.

Note all additions or revisions to the location, character, and dimensions of the prescribed work shown on the contract drawings. Line out all details shown that are not applicable to the completed work. Check off details shown that were incorporated into the completed work without change.

Retain the drawings at the project site and, as work progresses, continuously update them to reflect the as-built details. Upon request, make the drawings available to the CO to review for compliance with these specifications.

As a minimum, show the following types of changes on the as-built drawings:

(1) Typical section(s):

(a) Revisions in dimensions; and

(b) Revisions in materials.

(2) Plan and profile.

(a) Plan:

(1) Revisions to the alignment;

(2) Changes in the construction limits;

(3) Revisions in location, type, and grade of road approaches;

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(4) Location and type of utilities;

(5) Location, size, and type of underdrains;

(6) Skew of culverts;

(7) Channel changes;

(8) Location of monuments and permanent references;

(9) Elevations for all aerial and underground crossings of utilities; and

(10) Location, length, and type of fencing.

(b) Profile:

(1) Revisions to grades, elevations, and stationing of vertical points of intersection (VPI);

(2) Equations;

(3) Culvert diameter, length, type, and stationing;

(4) Length of culvert extension. and length of existing culvert;

(5) Location, length, stationing, and type of retaining walls; and

(6) Location, length, stationing, and end treatment of guardrail.

(3) Miscellaneous:

(a) Revisions to parking areas or turnouts.

Provide one paper as-built set of working drawings for review. Furnish the as-built working drawings to the CO before the final inspection.

Correct all details found during the final inspection that are not shown on the as-built drawings.

Scan the drawings to produce clear, colored images. Develop separate files for each plan section and create an index by bookmarking each sheet. Furnish the electronic version in PDF format on CD or DVD. Return one paper and one electronic set of corrected as-built drawings to the CO within 5 working days of the final inspection.

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104.06 Other Contracts. (Added Subsection.)

Follow the requirements of FAR Clause 52.236-8 Other Contracts.

The USDA Forest Service may have a project(s) along a Forest Service Road(s) that intersect with the East Fork Bitterroot Road. Obtain additional information on potential USDA-Forest Service projects and coordinate work efforts with:

Jake Pintok USDA Forest Service Bitterroot National Forest Transportation Engineer 406.375.2622

Access to the East Fork Bitterroot Road from U.S. 93 may be restricted when the Montana State Department of Transportation’s (MDOT’s) chip seal project work occurs in the vicinity of the U.S. 93 intersection with East Fork Bitterroot Road. Obtain additional information on MDOT’s chip seal project and coordinate work efforts with:

Dean Jones Montana Department of Transportation Head of Project’s 406.523.5823

The Montana State Fish, Wildlife, and Parks may have a project that changes the channel for Cameron Creek on the north side of the East Fork Bitterroot Road (approximate limits 47+80 to 52+25). Project conflicts, if any, are anticipated to occur when the existing Cameron Creek channel is filled after the new channel change is completed. Obtain additional information on this project and coordinate work efforts with:

Chris Clancy Montana Department of Fish, Wildlife, and Parks Fisheries Biologist 406.363.7169

Ravalli County may have routine maintenance activities on gravel roads that intersect with the East Fork Bitterroot Road. Provide updated project information to the following Ravalli County contact person so that their routine maintenance activities may be properly coordinated:

David Ohnstad Ravalli County County Road Supervisor 406.363.2733

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03USC10/05/09

Section 105.— CONTROL OF MATERIAL

105.02 Material Sources. Amend as follows:

(a) Government-provided sources. Delete the text of this Subsection and substitute the following:

There are no Government-provided sources for this project.

(b) Contractor-located sources. Add the following:

Sites Outside Construction limits. Activities outside the construction limits that will require ground disturbance, occupation, clearing, or other environmental impacts are limited to the following: material sources; waste sites; staging, stockpile, and fueling areas; and, water sources. Prior to use of these sites provide the following documents.

The requirements below do not apply to Government designated sources or commercial sources that are established, have provided material to public and private entities on a regular basis over the last two years, have appropriate State and local permits, and do not require expansion outside their currently established and permitted area.

(1) Proposed Activity Description. Submit a description, schedule, and location of the proposed activities for approval by the CO. Include maps of the area and other relevant information.

(2) Cultural Resources. Submit written documentation satisfactory to the CO for a recommendation of either “no historic properties affected” or “no effect” according to 36 CFR 800.4(d)(1) for historic properties on or eligible for listing to the National Register of Historic Places. Provide either:

(a) Documentation showing there are no cultural resources present, and a recommendation of either “no historic properties affected” or “no effect” according to 36 CFR 800.4(d)(1). Documents must be prepared by an individual qualified under the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, 48 FR 44716-44740.

Documentation must be satisfactory to the State Historic Preservations Officer (SHPO) or Tribal Historic Preservations Officer (THPO) as appropriate, according to 36 CFR 800.3(c).

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The CO will submit the documentation to the SHPO or THPO. Anticipate a minimum of 45 days from receipt of the documentation by the SHPO or THPO before use of the site may be approved; or

(b) Documentation showing a finding of either “no historic properties affected” or “no effect” according to 36 CFR 800.4(d)(1) has been previously obtained for the proposed activities from the State, Tribal Government or Federal Land Management Agency responsible for the land. Include attached copies of SHPO concurrence, or Memorandum of Agreement (MOA) where concurrence is not required.

(3) Species Protected Under the Endangered Species Act of 1973. Submit written documentation satisfactory to the CO that the proposed action will have no effect to any threatened or endangered species or their critical habitat. Provide either:

(a) A current list of all threatened or endangered species in the site of proposed activities from the U.S. Fish and Wildlife Service; and a recommendation of a “no effect” determination according to Section 7 of the Endangered Species Act prepared by a biological specialist with a minimum of 3 years of experience in Endangered Species Act compliance or other qualifications acceptable to the CO.

Allow for a minimum of 45 days from submittal to the CO before use of the site may be approved; or

(b) Documentation showing the proposed activities have previously been determined to comply with the Endangered Species Act and this determination remains valid. This documentation must be from the State, Tribal Government or Federal Land Management Agency responsible for the land. Attach evidence of compliance, including correspondence with the U.S. Fish and Wildlife Service.

(4) Wetlands as Defined by the U.S. Army Corps of Engineers’ 1987 Wetland Delineation Manual (WDM). Submit written documentation satisfactory to the CO, that the proposed action will comply with Section 404 of the Clean Water Act, Executive Order 11990, and will not affect any wetlands. Documentation must be prepared by a wetland specialist with a minimum of 3 years of experience in wetland delineation using WDM or other qualifications acceptable to the CO.

(5) Federal Lands. Before use of sites on federal lands, submit a copy of the Letter of Approval or Special Use Permit from the applicable federal agency allowing use of the site for intended purposes.

(6) Tribal, State and Local approvals. Comply with applicable laws regarding the proposed activities. Submit copies of required clearances, including hazardous waste compliance, tribal, State and local permits and approvals.

Allow 12 days (in addition to other agency time requirements) for approval of documents submitted to the CO.

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Weed Free Certification. All material sources and materials incorporated into the work must be certified to be free from noxious weeds, invasive plants, and other deleterious materials by a federal, state or local public agency. Commercial certifications may be acceptable if materials have been certified through the North American Weed Free Forage Program standard or a similarly recognized certification process approved by the CO.

Submit material certifications to the CO for approval at least 5 days prior to their use in the work.

105.04 Storing and Handling Material. Delete the text of the second paragraph and substitute the following:

Use only approved portions of the Right-of-Way for storing material and placing plants and equipment.

The site at MP 9.7 (Jenning’s Camp Landing) identified in the plans may be used for wasting, fueling, staging, and stockpiling salvaged material, drainage material, paving fabrics, traffic control devices, fuel, aggregate, soil, and other project material; and for vehicle, equipment and machinery parking and servicing.

The site at MP 12.1 (Bertie Lord) identified in the plans may be used for staging and stockpiling material, as well as, vehicle, equipment, and machinery parking as long as the items being stored or stockpiled are non-petroleum based products (see Subsection 107.11).

Only previously disturbed areas of the following turnouts along the project corridor may be used for vehicle and equipment parking: 1+80 RT to 3+62 RT; 3+62 RT to 5+30 RT; 17+28 LT to 18+33 LT; 28+57 RT to 30+00 RT; 42+13 RT to 42+93 RT; 189+72 LT to 192+13 LT; 190+60 RT to 192+13 RT; 190+60 RT to 192+13 RT; 212+12 RT to 213+28 RT; 284+25 RT to 285+90 RT; 319+55 LT to 321+51 LT; and 529+90 RT to 530+30 RT.

Provide additional space as needed. Do not use private property for staging or storage without written permission of the owner or lessee. Furnish copies of all agreements. Comply with Subsections 105.02 and 107.11 with respect to any staging, stockpile, fueling or waste area.

Stabilize the MP 9.7 Site (Jenning’s Camp Landing) according to Subsection 107.11(c)(6); and restore all other Government-provided storage sites to their original condition.

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03USC07/06/09

Section 106.— ACCEPTANCE OF WORK

106.01 Conformity with Contract Requirements. Amend as follows:

Delete the second paragraph and substitute the following:

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids. Use the 28th edition of the AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing and Appendix B of the Federal Lands Highway Field Materials Manual, dated October 2008. Use the modified AASHTO procedures for sampling and testing contained in the WFLHD Supplements to Nationally Developed Standard Test Procedures; except, when a specified sampling or test method is not included in this supplement, sample and test according to the referenced AASHTO test procedure. Appendix B of the Federal Lands Highway Field Materials Manual contains sampling and testing methods which may be required for this project that are not found in AASHTO.

Delete the eighth paragraph and substitute the following:

Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the Government.

Add the following:

All specification limits, tolerances, test results, and related calculations are according to AASHTO R 11, Absolute Method.

Obtain a copy of Appendix B of the Federal Lands Highway Field Materials Manual, dated October 2008 by going to our webpage at: http://flh.fhwa.dot.gov/resources/manuals/fmm/.

Obtain copies of the following documents by going to our webpage at:

http://www.wfl.fhwa.dot.gov/construction/cmr/.

WFLHD Supplements to Nationally Developed Standard Test Procedures;

Standard WFLHD Method of Test for Accelerated Weathering of Aggregate by Use of Dimethyl Sulfoxide (DMSO);

Form FHWA-1641, “Worksheet for Superpave Asphalt Concrete Mix Design, AASHTO R 35”;

Standard WFLHD Test Method for Determining Asphalt Content in Asphalt Paving Mixtures by the Ignition Method; and

WFLHD Field Note Samples, dated April 2004.

http://flh.fhwa.dot.gov/resources/manuals/fmm/ http://www.wfl.fhwa.dot.gov/construction/cmr/

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106.02 Visual Inspection. Delete the text of this Subsection and substitute the following:

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. In the absence of specific contract requirements or tolerances, prevailing industry standards may be used.

106.03 Certification. Add the following after the second paragraph:

Maintain records of all required certifications according to Subsections 103.04, 153.04, and

154.04. Submit certifications to the CO.

Check certifications, before incorporating the materials into the work, to ensure that the requirements of the contract have been met. Mark the certifications with the following information: project name, project number, contract item number, item description, Contractor’s signature, and date.

106.05 Statistical Evaluation of Work and Determination of Pay Factor (Value of Work).

Delete Table 106-2 and substitute the following:

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03USC10/05/09

Section 107.— LEGAL RELATIONS

AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. Delete the third paragraph and substitute the following:

Comply with the terms and conditions included in all permits and agreements obtained by the Government for performing the work included in this contract (See Section H). Notify the CO immediately of any changes, including modifications to government-obtained permits, or any additional permits or agreements that are required by the Contractor’s methods of operation.

Allow adequate time in the construction schedule for any additional permits or changes to government-obtained permits. Furnish copies of all acquired permits and agreements not in the contract.

Comply with Montana State Laws and the applicable portions of the Montana State Department of Transportation’s current Motor Carrier Services Construction Guide governing licenses; taxes;

load restrictions; obtaining water for construction and dust control (see Section 158); and diesel fuel use on this project.

When using a pump to obtain water for construction and dust control, and dewatering construction sites; furnish and install screens at the suction end point to protect fish. Furnish and install screens that meet or exceed the applicable Federal, State, and Local regulations for protecting fish.

Comply with the terms and conditions included in the Storm Water Pollution Prevention Plan (See Section I). If modifications to the Storm Water Pollution Prevention Plan (SWPPP) are required, update the SWPPP and relevant plan sheets to address the modification and submit to the CO for approval.

Comply with the requirements of the Fire Protection and Suppression Plan included in this contract (See Section J).

107.01A Recovery Act Reporting. (Added subsection)

Follow the requirements of FAR clauses 52.204—11 American Recovery and Reinvestment Act – Reporting Requirements. Within 2 working days of submitting each quarterly report, provide written notice to the CO stating:

Date report submitted.

Name of person submitting report and their contact information.

This contract is partially funded with Recovery Act funds. The CO will notify you when Recovery Act funding has been depleted and reporting is no longer required.

107.02 Protection and Restoration of Property and Landscape. Amend as follows:

Delete the third paragraph and substitute the following:

Do not disturb any area outside the construction limits unless authorized according to Subsection 105.02(b) and 105.04. Replace trees, shrubs, or vegetated areas outside the construction limits damaged by construction operations as directed and at no cost to the Government. Only remove damaged limbs of existing trees when directed by an approved arborist.

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Delete the fifth paragraph and substitute the following:

The Government has notified the following utility companies with facilities along the highway corridor, and has provided these Companies with construction plans and cross sections.

(a) Qwest Communications (Qwest).

(1) Contact the following Qwest representative for further coordination before and during construction; and for emergencies:

Larry Manchester Lead Engineer 406.543.2176 Larry.Manchester@qwest.com

(2) Qwest will allow adjustment of their lines in the field, without cutting and splicing, and according to the following requirements:

(a) Provide at least 1-foot of vertical and horizontal separation from power lines;

(b) The absolute minimum cover for telecommunication lines is 6-inches. Provide at least 12-inches of cover for lines not capped with concrete; and provide a 4-inch thick concrete cap whenever 12-inches of cover cannot be obtained.

(b) Ravalli County Electric Cooperative, Inc. (Ravalli Electric).

(1) The underground Ravalli Electric lines along the project corridor are energized at

14.4 KV, and are to only be adjusted by or under the direction of Ravalli Electric personnel. Work is not allowed at the sites identified in Subsection 107.02(b)(3) unless a Ravalli Electric representative is present at these sites. Notify Ravalli Electric at least 5 working days before starting work at the sites identified in Subsection 107.02(b)(3).

(2) Contact one of the following Ravalli Electric representatives when providing advance notices, coordinating work, obtaining information, and for emergencies:

Jim McKay Chet McWhorter Manager Engineering & Operations Line Superintendent

406.961.3001 406.961.3001 jimm@ravallielectric.com chetm@ravallielectric.com

(3) Ravalli Electric has determined there are potential conflicts with their facilities at the culvert installation sites located approximately at 31+55 and 36+60; and are also concerned with work activities near the electric line crossings located approximately at 687+20 and 690+50.

Delete the sixth paragraph and add the following:

At least 5 days before starting work in an area, locate all utilities through the Montana State locate service (1.800.424.5555), or respective utility owners (see previously listed contact information). Protect utilities from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities; and to minimize interruption of service and duplication of work.

107.03A Public Notice. (Added Subsection.)

mailto:Larry.Manchester@qwest.com mailto:jimm@ravallielectric.com mailto:chetm@ravallielectric.com

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(a) Produce a draft public notice, and send a copy of the draft to the CO for review and comment at least 5 working days before submitting the public notice to be published.

Include the following in public notices:

(1) Date of notice;

(2) Who is advising (Federal Highway Administration, and Contact Information);

(3) Who is being advised (General Public);

(4) Closure information, including: closure type(s); number(s); location(s); date(s);

duration(s); reason(s); and

(5) An advisory to exercise caution through work areas, and to expect delays.

(b) Ensure that the Ravalli Republic (Hamilton MT newspaper) publishes a public notice 2 weeks before starting work; and publishes updated public notices every week thereafter until project completion.

107.08 Sanitation, Health, and Safety. Add the following after the first paragraph:

Submit an accident prevention plan for implementing safety and health standards at the Preconstruction Conference. Use the Government furnished Form WFLHD-28, Guide Outline of Contractor’s Accident Prevention Plan.

107.10 Environmental Protection. Delete the text of this Subsection and substitute the following:

Conform to the following:

(a) The Federal Water Pollution Control Act (33 USC § 1251 et seq.).

(1) Except as authorized by this contract, do not operate mechanized equipment, discharge or place material within the boundaries of any U.S. waters as identified by the ordinary high water mark, high tide line, or edge of the wetland. This includes wetlands, unless authorized by a permit issued by the U.S. Army Corps of Engineers according to 33 USC § 1344, and if required by the state agency having jurisdiction over the discharge of material into the waters of the U.S. In the event of an unauthorized discharge:

(a) Immediately prevent further contamination;

(b) Immediately notify appropriate authorities and the CO; and

(c) Mitigate damages as required.

(2) Separate work areas, including material sources by the use of a suitable barrier that prevents sediment, petroleum products, chemicals, other liquids, or solid materials from entering the waters of the U.S. Construct and remove barriers to avoid discharge of material into the waters of the U.S. Remove and properly dispose of sediment or other material collected by the barrier.

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(b) Oil and hazardous substances. A SPCC will be required to be submitted beginning November 10, 2010 for sites that meet regulatory requirements. For work performed prior to November 10, 2010, or any modifications of this date established by regulation, a SPCC is not required.

Submit and follow a Hazardous Spill Plan when a SPCC plan is not in effect. Submit the plan at least 2 days before beginning work. Develop a plan describing what actions will be taken in case of a spill and incorporate preventative measures to be implemented (such as the placement of refueling facilities, storage and handling of hazardous materials, etc).

Do not use equipment that is leaking fluids. Repair leaks on equipment immediately. Keep a supply of absorbent materials at the job site in the event of spills. Acceptable absorbent materials are those manufactured specifically for the containment and clean up of hazardous materials.

Immediately notify the CO of all hazardous spills.

(c) Other.

(1) Where work areas encroach onto running or intermittent water bodies, construct and maintain barriers to prevent discharge of contaminants into water bodies.

(2) Immediately clear water bodies of all work items, debris, or other obstructions inadvertently placed thereby or resulting from construction operations.

107.11 Protection of Forests, Parks, and Public Lands. Add the following:

Take every precaution, and put forth a good-faith effort to protect, and prevent pollution of the delicate Bitterroot National Forest environment. Do not discharge fuel, oil, bitumen, calcium chloride, magnesium chloride, cementitious material, concrete, raw sewage, muddy water, chemicals, or other harmful material into any ditch or water body.

(a) Cleaning equipment and vehicles. Power-wash earth-moving equipment (excluding haul vehicles), and clean haul vehicles so that they are free of mud, weeds, seeds, and other unwanted substances before these vehicles and equipment enter the Bitterroot National Forest. Notify the CO at least 48-hours before vehicles and equipment will enter the Bitterroot National Forest so that the required inspections can be performed by the CO.

Subsequent entries of vehicles and equipment that have previously been cleaned will not be required unless a vehicle or equipment is used at another job site; or the CO deems that a vehicle or equipment requires additional cleaning.

(b) Equipment fueling and servicing requirements. Comply with the following:

(1) Locate machinery and equipment fueling and servicing areas at least 150 feet away from water bodies and washes to prevent contamination of water bodies;

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(2) Whenever fuel spills occur, follow the effective Hazardous Spill Plan procedures from Subsection 107.10(b) to accomplish the requirements of Subsection 107.10(a)(1);

and

(3) Stabilize fuel spill sites by removing and disposing contaminated soils according to Subsection 203.05(d); and reconstruct the sites or containment facilities with uncontaminated material.

(c) Staging, stockpile, fueling and waste site requirements. Comply with the following:

(1) Before using the sites at MP 9.7 (Jenning’s Camp Landing) and 12.1 (Bertie Lord) delineate site limits with plastic fencing according to the CO, and install erosion control measures according to the plans;

(2) Install separation geotextiles at stockpile locations before stockpiling material;

(3) Dispose only the following items at the waste site(s) identified in Subsection 105.04: excess and unsuitable material from excavations (excluding asphalt concrete pavement); earth material removed from ditch reconditioning and reconditioning drainage structures; vegetation from clearing and grubbing; and sand from sandbags.

Bury vegetation and other large material pieces under sand, unsuitable, and excess earth material. Distribute stumps, logs, and other large pieces to form a dense mass and minimize air voids. Provide at least a 1-foot cover of unsuitable or earth material above buried material.

Place, shape, and grade waste material so that it is sloped to drain and distributed evenly across the entire waste area or as determined by the CO.

Perform final landscaping according to the plans, Section 622, and as directed by the

CO.

(4) Fueling, storing petroleum-based products, servicing machinery or equipment, or clearing trees at the MP 12.1 Site (Bertie Lord) is prohibited.

(5) Restore staging, stockpile, and fueling sites according to Subsection 105.04, and Sections 624 and 625.

(6) Stabilize waste sites according to Sections 624 and 625; and remove temporary traffic control, plastic fence delineation after work is completed at each waste site.

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03USC05/12/09

Section 108.— PROSECUTION AND PROGRESS

108.01 Commencement, Prosecution, and Completion of Work. Add the following:

Furnish at least 48 hours advance notice before changing the current work schedule. Work schedule changes that include additional shifts require 14 days notice.

Perform work under this contract according to the following:

(a) Do not perform construction operations between 6 pm Friday and 6 am the following Tuesday of the Memorial Day, Fourth of July, Labor Day, and Columbus Day weekends unless authorized by the CO;

(b) Do not perform construction operations between 6 pm Friday and 6 am the following Monday unless approved by the CO;

(c) Nighttime construction operations are not allowed (see Subsection 156.07);

(d) Do not start pavement recycling work before July 1, 2010;

(e) Limit work as provided for in Subsection 156.06; and

(f) Limit work as provided in Sections 105 and 107.

108.01A Labor. (Added Subsection.)

Follow the requirements of FAR Clause 52.222-6 Davis Bacon Act.

Adjacent or virtually adjacent work sites are defined to be work sites within ½ mile of the project. Application of the Davis-Bacon Act for work sites beyond ½ mile of the project will be determined by the CO.

The Sites at MP 9.7 and MP 12.1 (See Plan Section H) have been determined to be adjacent or virtually adjacent to the project; hence, Davis-Bacon Wage Rates will apply to work performed at these Sites.

108.02 Subcontracting. Amend as follows:

Delete the first paragraph and substitute the following:

Follow the requirements of FAR clauses 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, 52.222-11 Subcontracts (Labor Standards), and 52.236-1, Performance of Work by the Contractor.

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Delete the fourth paragraph and substitute the following:

In FAR Clauses 51.219-8, Utilization of Small Business Concerns and 52.232-27, Prompt Payment for Construction Contracts, the subcontracts include both on-site work and supply contracts.

Evaluate the percentage of the cost of contract performance incurred for personnel in FAR Clause 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, according to the following formula:

P = H / T

Where:

P = Percent of the cost of contract performance incurred for personnel working for HUBZone firms

T = Total wages/benefits paid during the life of the contract. Certified payrolls will be used to determine Davis-Bacon wages and benefits paid. Submit certified statements at least monthly declaring the wages and benefits paid to non-Davis Bacon personnel under this contract.

H = Total wages/benefits paid to employees working for HUBZone firms (prime and subcontractors)

In FAR Clause 52.236-1, Performance of Work by the Contractor, the percentage of work performed on-site by the Contractor will be computed as 100% less the combined initial dollar amount of all subcontracts involving on-site labor as a percent of the original dollar amount of the contract.

108.02A Prime HUBZone Contractors and Subcontracting. (Added Subsection.)

Follow the requirements of §126.700 of Title 13 of the Code of Federal Regulations (13 CFR 126.700). In addition to the requirements in paragraph (d)(3) of FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SBCs), comply with the following:

At least 50 percent of the cost of the contract performance incurred for personnel will be spent on the Prime HUBZone contractor’s employees or the employees of other qualified HUBZone small business concerns.

The above requirement may be met by expending at least 50% of the cost of the contract incurred for personnel on the Prime HUBZone contractor’s employees or it may subcontract up to 35% of the cost of the contract performance incurred for personnel to one or more qualified HUBZone SBCs.

A qualified Prime HUBZone SBC may not subcontract more than 50% of the cost of the contract incurred for personnel to non-qualified HUBZone SBCs.

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108.02B Subcontract Requirements under the American Recovery and Reinvestment Act (Recovery Act). (Added Subsection.)

Follow the requirements of FAR Clause 52.219-8 Utilization of Small Business Concerns.

Provide opportunities for small business to compete for subcontracts to the maximum extent practicable. Award fixed-price subcontracts to the maximum extent practicable.

108.04 Failure to Complete Work on Time. Delete the text and table of this Subsection and substitute the following:

Follow the requirements of FAR Clause 52.211-12 Liquidated Damages — Construction.

Liquidated damages in the amount specified in Table 108-1 will be assessed for each calendar day beyond the time specified in the contract until substantial completion of the work.

Liquidated damages will not be assessed for the following:

(a) The day of the final inspection;

(b) Days required to perform work added to the contract after substantial completion including items identified during the final inspection that were not required before that time;

(c) Delays by the Government after all work is complete and before a formal acceptance is executed;

(d) Periods of time when all work is complete but acceptance is delayed pending the plant establishment period or similar warranty period; and

(e) During winter shutdown periods ordered by the CO.

Table 108-1 Charge for Liquidated Damages for Each Day

Work Is Not Substantially Completed

Original Contract Price

From More

Than —

To and

Including —

Daily Charge

$ 0 $ 1,000,000 $ 500

1,000,000 2,000,000 1,100

2,000,000 5,000,000 2,200

5,000,000 10,000,000 2,700

10,000,000 and more 3,300

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03USC10/05/09

Section 109.— MEASUREMENT AND PAYMENT

109.02 Measurement Terms and Definitions. Amend the following:

Delete (b) Cubic yard. and substitute the following:

(c) Cubic yard.

Delete the text of paragraph (m) and substitute the following:

(m) Square yard. 9 square feet. Longitudinal and transverse measurements for area computations will be made horizontally. No deductions from the area computation will be made for individual fixtures having area of 9 square feet or less. Do not measure overlaps.

Add the following:

(p) Fixed hourly rate. Measure the actual number of hours ordered by the CO and performed by the Contractor.

109.03 Weighing Procedures and Devices. (c) Project weighing system. Delete the text of the first paragraph and substitute the following:

Furnish, erect, and maintain acceptable automatic digital scales. For small quantities, manual scales may be used when approved in writing by the CO and if the method of weighing meets all other contract requirements. Provide scales that record mass at least to the nearest 100 pounds. Maintain the scale accuracy to within 0.5% of the correct mass throughout the range of use.

Whenever aggregate material is stockpiled on site, use a scale approved by the CO to weigh material immediately before placement.

109.06A Adjustments for Price Fluctuations. (Added Subsection.)

Price adjustments for pay items listed in Table 109-1 will be made when the price fluctuation for products used in the performance of the work exceed specified limits. Adjustments are not intended to compensate for normal day-to-day fluctuations, seasonal changes, or to serve as a guarantee of full compensation for price fluctuations. It does provide for sharing in a portion of the risk, which could result from unusual price fluctuations. No price adjustments will be made for work performed beyond the fixed completion date.

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Table 109-1 Pricing Adjustment Pay Items

Pay Item Number

Pay Item Description Product

20401-0000 Roadway excavation Fuel

20402-0000 Subexcavation Fuel

30802-1000 Roadway aggregate, method 1 Fuel

31001-0000 Recycled Aggregate base Fuel

40101-5600 Superpave pavement, ½-inch or ¾-inch nominal maximum size aggregate, 0.3 to < 3 million esal Fuel

40302-0500 Hot asphalt concrete pavement, grading E, wedge and leveling course Fuel

Monthly adjustments will be accrued with the payment or rebate to be made in the final voucher.

A partial price adjustment payment may be made once every 12 months or when the unpaid accrued increase exceeds $10,000 when requested in writing. The Government will withhold a rebate when the deductive accrual exceeds $10,000.

The maximum allowable monthly and final adjustment for payment to the Contractor or rebate to the Government is limited to 50% of the Base Price Index.

Fuel price adjustment. The Government will determine price indexes for fuel using price data obtained from the Oil Price Information Service (OPIS) which publishes a daily report (Monday through Friday) on gasoline and distillate reseller prices. Gross No. 2 Distillate rack average price data for Ultra Low Sulfur No. 2 Diesel fuel reported for Missoula MT PADD 4 will be averaged and used to establish a Base Price Index (BPI) and a Monthly Performance Price Index (MPPI). These indexes are defined as follows:

(a) Base price index. The Base Price Index (BPI) is a price index determined by the arithmetic average as specified above, reported in the OPIS publications for the four weeks immediately preceding the bid opening.

BPI (LOW SULFUR, NO. 2 DIESEL FUEL) = $ [PRICE TO BE INSERTED AT AWARD] per U.S. gallon

(b) Monthly performance price index. The Monthly Performance Price Index (MPPI) is the arithmetic average of…