Bend Pine Administrative Site RFP.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0326

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

March 25, 2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

Economic Recovery Operations Center - NW 16400 Champion Way

Sandy, OR 97055 Siuslaw National Forest 4077 SW Research Way

Corvallis, OR 97333

ATTN: Contacting – AG-0489-S-10-0326

9. FOR INFORMATION

CALL:

A. NAME

Monty Bell - CO Doug Seaman - Engineer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(541) 750-7114

(541) 383-5614

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):

Price Range The Government's estimate is: more than $10,000,000.00.

TAS::12 1102::TAS Recovery – USFS Bend – Pine Administration Site

This solicitation is issued under the authority of the American Recovery and Reinvestment Act of 2009

This procurement is unrestricted (open to all offerors) under FAR part 19.10 – the Small Business Competitiveness Demonstration Program Bid Bond in original form (no copies) at 20% or not to exceed $3,000,000.00.

11. The Contractor shall begin performance within 15 calendar days and complete it within see section F calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See 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.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and (SEE L-9) copies to perform the work required are due at the place specified in Item 8 by 4:30 PM (hour) local time 05/12/2010 (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

FORMCHECKBOX

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

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

23. 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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO.

DESCRIPTION

METHOD OF MEASURE

QUANTITY

TOTAL

BEND PINE ADMINISTRATIVE SITE

BASE ITEM

BASE ITEMS

B1** General Requirements, Mobilization and Demobilization

Lump Sum

B2** Site Demolition

B3** Building Earthwork

B4** Site Work

B5** Building Foundations

B6** Building Substructure

B7** Building Superstructure

B8** Building Exterior Enclosure

B9** Roofing

B10

Interior Construction

B11

Conveying Systems

B12

Mechanical

B13

Fire Protection

B14** Electrical - Site

B15

Electrical - Building

B16

Additional Fencing

B17

Deschutes Market Road Upgrade

TOTAL BASE ITEMS

ITEM NO.

DESCRIPTION

METHOD OF MEASURE

QUANTITY

TOTAL

BEND PINE ADMINISTRATIVE SITE

OPTIONAL ITEMS

A1

FIR WINDOWS IN LIEU OF PINE

A2

ROCK ON NORTH ELEVATION

A3

WATER TANK SILO

A4

CUSTOMIZED ELEVATOR FINISHES

A5

ACOUSTIC INSULATION BELOW 2nd FL.

A6

DEMOUNTABLE PARTITIONS

A7

COMPACTED DECOMPOSED GRANITE PATH

A8

UNIT PAVER SURFACING/RETAINING WALL

A9

CUSTOM FOREST GATE

A10

IRRIGATION OUTSIDE OF PHASE 1

A11

ADDITIONAL IT SITEWORK

O1

ON-SITE DISPOSAL SYSTEM

O2

PEDESTRIAN BRIDGE

TOTAL OPTIONAL ITEMS

** indicates those items that the ARRA requirements apply to. e.g. 52.204-11 Reporting Requirements. This distribution may be adjusted based on actual prices received and awarded.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

Vendor Name

Phone

Signature:

FAX

Address:

Email

DUNS#

For technical questions, contact Doug Seaman @ (541) 383-5614 The estimated start work date is July 1, 2010 All work shall be completed no later than November 1, 2011.

The DRAWINGS and SPECIFICATIONS may be obtained by compact disc (CD) by sending an E- mail to EROC-NW_Contracting@fs.fed.us and the title of the message MUST be AG-0489-S-10-0326 CD Request. Allow 5 days for delivery. One CD per contractor. Make sure and include your Company Name and mailing address.

Offers shall be submitted for the total item. Offers for less than the total item will not be considered.

Offerors must respond to the other factors as described under EVALUATION FACTORS in

Section L&M. Award will be made on the best value for the Government.

No award shall be made to a Contractor not registered in the Central Contractor

Registration (CCR) database.

Contractor must also be registered with VETS-100 (http://www.vets100.com/Vets100Search.htm).

Contractors shall provide Representation and Certifications electronically at the ORCA website, https://orca.bpn.gov 52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 180 days after contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Statement Of Work/Specifications - AGAR 452.211-72 (FEB 1988) 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.

This project consists of Phase 1 of a planned 3-phase development of various facilities and related site improvements on an approximately 25 acre FS owned property located in Bend OR. The site is known as the Bend Pine Administrative Site and several built facilities currently occupy a portion of the site.

Work for this project (Phase 1), includes the construction of an estimated 46,500 S.F. two story administrative office building that will accommodate staff from both the Deschutes NF Headquarters, and the Bend/Ft. Rock Ranger District. The new office building will be constructed to LEED Gold standards. Work includes, but is not limited to, the building’s associated parking, road access, utilities, sidewalks, fencing, and landscaping. Also included in this project is upgrading the frontage road, “Deschutes Market Road” to county standards. The road upgrade work will include, but not limited to, earthwork, road widening, paving, turning lanes, curbs,striping,signage and sidewalks. Optional items include an on-site disposal septic system and a pedesatrian bridge crossing an adjacent canal. See the attached solicitation addendum for further clarifications on the Description of Work.

Unless noted otherwise, any references of Phases 2 and 3 are intended for planned future development only, and are not included in this solicitation.

C-2 PROJECT LOCATION

The Project is located in northeast Bend, Oregon, approximately ¼ mile north of the intersection of Butler Market road and Deschutes Market Road. The site adress is: 63095 Deschutes Market Road, Bend, Oregon, 97701.

C-3 SPECIFICATIONS

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service

Specifications Section, Suite 8100

470 East L'Enfant Plaza SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

ASTM Standards

American Society for Testing and Materials

1916 Race Street

Philadelphia, PA 19103

(215) 199-5462

AASHTO Standards

American Association of State Highway and

Transportation Officials

341 National Press Building

Washington, D.C. 20024

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

C-4 SUBMITTALS

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

1. Date and revision dates.

2. Project name and contract number.

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

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

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

(End of clause)

C-5, C-6, C-7 SUBMITTALS, SHOP DRAWINGS, CERTIFICATIONS AND TESTING REPORTS

The following is a general summary of the required submittals. Other submittals are required as specified elsewhere in this contract.

Submittal Title

Section Ref

Submittal Due

Schedule of Work

Section F

Prior to Notice to Proceed

Job Specific Safety Plan Section H

Prior to Notice to Proceed

Copy of Required

Section H

Prior to Notice to Proceed

Insurance coverage

Notification of

Section G

Prior to subcontractor starting work

Subcontracting

Fire Plan

Section J

Prior to Notice to Proceed

Release of Claims Form Section I

Prior to final payment

Material Certifications, Section C/

Prior to on-site work

Testing Reports & Other Specifications item installation or as required

Submittal per Division

Submittal requirements for this Project are EXTENSIVE. They include, but are not limited to: LEED Requirements, Product Data, Product Schedules, Shop Drawings, Mock-ups, Samples, Material Certifications, Testing Reports, Record Drawings, Operation & Maintenance Manuals, Commission Reports, and Warranties. Individual Sections in the specifications detail most, but not all, submittals requirements for this contract. Other submittals requirements may be contained in the Drawings or otherwise referenced. It is the contractor’s responsibility to capture all the required submittals, shop drawings, certifications, testing reports, etc.,as required for this Project, and develop a Submittal Schedule for approval by the Contracting Officer as described in Section 013300 Submittal Procedures

C-8 Attachments To Statement Of Work/Specifications - 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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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)

E-1 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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 Special Project Specifications.

(End of clause)

E-2 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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 Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

(End of clause)

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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)

F-1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 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 November 1, 2011. 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 by July 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.

F-2 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 15 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is subject to approval of (a) and (b). See PROSECUTION OF WORK in section H.

F-3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

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.

(End of clause)

SECTION G--CONTRACT ADMINISTRATION DATA

POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the Deschutes National Forest, 1001 S.W Emkay Dr., Bend Or.

(End of clause)

G-1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the FAR clauses “52.245-1 -- Government Property”, or “52.245-9 -- Use and Charges” as applicable.

The Government will supply and install the Furniture and Workstations into the new Administration Building. The Contractor will provide the Contracting Officer a notice in writing at least 120 days in advance of when the facility will be ready to receive furniture. The furniture will be prewired, however it is the contractor’s responsibility to complete connections and hard-wire for a fully functional power and technology systems, as specified.

(End of clause)

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The 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 task assignments which were issued by the COR provided they do not affect the delivery schedule or 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 contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

(End of clause)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 POTENTIAL SAFETY HAZARDS

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[x ] 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 __________________________________

(End of clause)

H-2 SALVAGE RIGHTS

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

H-3 SPECIAL EQUIPMENT CLEANING REQUIREMENTS

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

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.

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

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

(a) The indications of physical conditions on the Drawings and in the specifications are the result of site investigations by attached Geotech Reports.

(b) Weather conditions.

N/A – contractor researched based on historical records

(c) Transportation facilities.

The Contractor is authorized to use roads in the construction project area for performance of work under this contract. .

(End of clause)

H-5 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

H-6 LANDSCAPE PRESERVATION

(a) Prior to excavation, the Contractor shall remove the organic surface layer of soil, including grass and small plants within the clearing limits, stockpile separately and redistribute these materials over the finished slopes on the project as directed by the Contracting Officer. The conserved organic soil layer will be approximately 6” in thickness in all locations where practical and shall be removed with a smooth-edged excavator bucket or other similar tool that is capable of separating the upper organic layer of soil from the lower soil. 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. Storage of oil or oil products will not be allowed unless approved in writing by the Contracting Officer. 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. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer.

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.

(f) Prior to the start of construction the Contractor shall submit to the Engineer for approval a schedule and plan for temporary pollution control measures for the following phases of work:

(i) Item 20401, Roadway Excavation

(ii) Item 20801 Structure Excavation

(End of clause)

H-7 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture and will require careful selection and scheduling to permit efficient operation. Any damage resulting from operations which renders the material unsuitable for use or results in potential siltation of streams will be corrected by the Contractor at its expense.

(End of clause)

H-8 VALUE ENGINEERING

Value engineering change proposals which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

The following work is excluded from consideration under the Value Engineering clause: NONE

(End of clause)

H-9 PRODUCT SUBSTITUTION

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

(End of clause)

H-10 ROAD USE AND MAINTENANCE

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

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

H-11 ROAD MAINTENANCE REQUIREMENTS

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area. In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1.

While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2.

While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3.

The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4.

On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

5. Unless otherwise provided, the Government will not snowplow roads for the Contractor's use. The Contractor will be responsible for repair of any damage to the road structure caused by the snow removal operations.

H-12 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 and Forest Service Employees. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. 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 new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public and Forest Service Employees.

H-13 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 Engineer. 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 as shown on the Drawings.

F Earthwork Tolerances: 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 Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

(End of clause)

H-14 CONSTRUCTION STAKES, LINES, AND GRADES

(a) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Drawings or stated in the specifications. This work is incidental to the pay items.

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

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

H-15 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 6:30 a.m. and 7:00 p.m., Monday through Friday, unless other hours are approved in writing by the Engineer. 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) Blasting Precautions and Methods - The Contractor shall comply with State and Federal laws in regards to transportation, storage and use of explosives. The Contractor shall post a watchperson at a safe distance on all approaches to a blasting area on all approaching roads or trails. Detonation of explosives will be restricted to Monday through Friday inclusive between 8 a.m. and 5 p.m.

(End of clause)

H-16 PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, Contractor shall remove the existing traffic signs within the work area and reinstall to their approximate existing locations.

(End of clause)

H-17 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-18 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-19 FINAL CLEANUP

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

(End of clause)

H-20 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-21 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 Drawings and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

(None known) 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-22 USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

Before shutting down any operations, leave all travelways in a condition suitable for traffic.

Unless otherwise provided, traffic delays may not exceed 20 minutes.

H-23 METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

(1) As a result of changes in the work authorized by the Contracting Officer.

(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

H-24 STATE ELECTRICAL INSPECTION AND COUNTY BUILDING PERMITS

The Contractor shall arrange for and provide the State Electrical and other inspections as described below.

Federal law [validated by the State Attorney General, Oregon Department of Justice] verifies that the Federal Government and its Contractors may be exempted from State/Local Building Permits and Fees for projects located on Federal Installations [including all federal lands]. Contractor State Licenses will not be jeopardized by following this requirement to avoid the State/County permit system. This applies to the prime Contractor and all subcontractors.

Septic /Waste Water

1.

U.S. Forest Service management policies require that all designs comply with state and local building codes, national standards, and federal design requirements, including all required permit processes. The Contractor is responsible for identifying all permits that will be required.

2.

The Contractor shall prepare a plan set for submission to the local authorities for review and approval, if necessary. The Contractor shall make all necessary changes required by the state from this review at no additional expense to the Government. All changes shall be incorporated into the Final construction documents.

3.

The Contractor will prepare the permit applications and make submissions to the agencies, except where it is agreed upon by the Government, Contractor, and state officials. The Contractor will pay all fees directly to the permitting agency.

4. This project requires inspections by local Authorities Having Jurisdiction (AHJ), in this case, the Deschutes County. The Contractor shall pay $18,230 to the Deschutes County for local inspection services. These services includes the Building’s Structural, Mechanical, Plumbing and Electrical Systems. They also include inspections for the Deschutes Market Road upgrade. This fee is due to the County within two weeks after the Notice to Proceed is issued. It is the contractor’s responsibility to schedule these inspections into their work. The County re-inspection fees, if needed, will be assessed to the contractor at $65/hour.

5. This project requires a WPCF permit from the Oregon State Department of Environmental Quality (D.E.Q.) for the onsite wastewater system. The Forest Service has paid for the permit fee; however, the contractor is responsible for scheduling the D.E.Q. inspections into their work.

H-25 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H-26 KEY PERSONNEL

Key personnel are those personnel (Project Manager, supervisor, equipment operators, etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

The Contractor agrees that assigned key personnel shall not be removed, substituted, or reassigned to another task without the written concurrence of the Contracting Officer. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed personnel change and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. If the Contracting Officer determines that suitable replacement of key personnel is not feasible or that the reduction of effort would be so substantial as to impair the successful performance of the work, the Contractor may be subject to default action under the affected task order(s) or the contract. Ultimate approval/disapproval to replace key personnel is the responsibility of the Contracting Officer.

(End of clause)

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR…