AG-046W-S-15-0001_Road_Maintenance_Serivces.pdf
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SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 R6 52
2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE
DATE
AG-046W-S-15-0001
DATE
11 / 24 / 2014
a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/
7. FOR SOLICITATION Paul Podesta (technical) calls) 503-668-1787 LOCAL TIME 12:00 pm PST
INFORMATION CALL: Roxanne Anderson (administrative) 503-668-1730 12 /23/2014
9. ISSUED BY CODE 10. THIS ACQUISITON IS
USDA Forest Service, Northwest Oregon Contracting Area UNRESTRICTED OR SET ASIDE: 100 % FOR
16400 Champion Way SMALL BUSINESS EMERGING SMALL
BUSINESS
Sandy, Oregon 97055
HUBZONE SMALL
NAICS: 115310 BUSINESS
SERVICE-DISABLED VETERAN- 8(A)
SIZE STANDARD: $7.5 million OWNED SMALL BUSINESS
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE
Same as Block 9
16. ADMINISTERED BY CODE
Same as Block 9
17a. CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18a. PAYMENT WILL BE MADE BY CODE
Electronic Fund Transfer
TELEPHONE N0.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
OFFER IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
US Forest Service Region 6 Mt Hood National Forest and Columbia River National Scenic Area Road Maintenance Services
Awards under this solicitation will be made through issuance of a Blanket Purchase Agreement. (BPA)
The successful Offeror must be registered in the System for Award
Management (SAM) Database (http://www.sam/gov) and have completed their annual Representations and Certifications PRIOR to award, during performance, and through final payment of any contract resulting from this Request for Quotation.
DUNS NUMBER______________________________________
TAX IDENTIFICATION NO._____________________________
(Use Reverse and/or Attach Additional Sheets as Necessary)
Enter pricing on page 2, Schedule of items
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED http://www.sam/gov
SCHEDULE OF ITEMS
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21.
ESTIMATED
QUANTITY
22. UNIT 23. UNIT PRICE 24. AMOUNT
Road Maintenance Mt Hood National Forest & Columbia River Gorge National
Scenic Area
811(2) Surface Maintenance Level 4 Road Double Lane 5 MILE $ $
811(3) Surface Maintenance Level 3 Roads Single Lane 5 MILE $ $
881(1).1 Mobilization ALL LS $ $
001 Total proposed bid =
813(1) Spot Surfacing, Gradation (Government Furnished material) less than 10 miles haul one way
100 CY $ $
881(1).2 Mobilization ALL LS $ $
002 Total proposed bid =
814(1) Pothole Patching (Hot Mix Asphalt) 10 TON $ $
814(2) Skin Patching 100 TON $ $
814(3) Crack Sealing 1,000 LF $ $
814(7) Paved Surface Cleaning 1
EACH $ $
814(16) Seal Coating 25,000 SF $ $
814(13) Road Travelway Double Yellow Centerline Striping 5 MILES $ $
881(1).3 Mobilization 1 LS $ $
003 Total proposed bid =
832(1) 832(1) Load, Haul, and Place Material 100 CY $ $
881(1).4 Mobilization 1 LS $ $
004 Total proposed bid =
833(2) Culvert Replacement/Install 40’ x 24”, 12 gauge, aluminized steel corrugated metal pipe.
1 LS $ $
833(4) Water-bar Installation 50 Each $ $
881(1).5 Mobilization 1 LS $ $
005 Total proposed bid =
834(1) Clean and Recondition Culverts 24 inch Diameter and Under
50 Each $ $
834(5) Clean Ditches and Drainage Structures 5 Mile $ $
881(1).6 Mobilization 1 LS $ $
006 Total proposed bid = $
842(1) Vegetation Maintenance Level 3, 4 and 5 roads 5 Mile $ $
842(2) Vegetation Maintenance Level 2 roads 5 Mile $ $
881(1).7 Mobilization 1 LS $ $
007 Total proposed bid =
851(1) Logging Out (ML 3-5) 5 Miles $ $
851(3) Hazard or Obstruction Removal 50 Each $ $
881(1).8 Mobilization 1 LS $ $
008 Total proposed bid =
854(1) Treatment of Danger Trees 50
Each $ $
881(1).9 Mobilization 1 LS $ $
Road Maintenance Services
Mt Hood N.F and Columbia River Gorge National Scenic Area
009 Total proposed bid =
872(3) Replace Single Post and Sign 10 Each $ $
881(1).10 Mobilization 1 LS $ $
010 Total proposed bid = $
886(1) Entry Management Treatment 2 Each $ $
886(2) Active Decommissioning 3 Miles $ $
886(4) ML 1 CLOSURE, DITCH AND BERMS 1 Each $ $
881(1).11 Mobilization 1 LS $ $
011 Total proposed bid =
TOTAL__________________
* All Mobilization, Site Specific costs, and work items will be determined at the time of each
BPA Call, as a separate call line item. This item shall address cost factors based upon location and type of services to be performed. The specific work items and quantities as shown are for bid and evaluation purposes only. The scope of work is not limited to the payment items identified herein. Other payment items within the overall scope of road maintenance may be added by contract modification if an agreeable price and performance time can be established.
**Each BPA call shall be competed amongst all BPA holders. Pricing shall be based upon unit prices in the BPA, plus additional location and specific work type cost factors to be addressed under the separate mobilization item for each call noted above.
The Agreement period is for five years from the date of award. An annual review will be conducted and at that time, Contractors will be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement will remain in effect.
The intent of this solicitation is to obtain the Road Maintenance services as described in the
Statement of Work beginning on Page 9.
This solicitation will result in the award of multiple Blanket Purchase Agreements (BPA). The dollar limitation for individual calls against the BPA will not exceed the Simplified Acquisition
Threshold (currently $150,000.00). Since the needs of the Government and availability of
Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of BPA call. Due to the sporadic occurrence of activity, the placement of any calls IS NOT GUARANTEED.
BASIS OF AWARD
The Government intends to award multiple agreements; however, awards will only be made to those quoters offering a reasonable price and resources that are technically acceptable.
Proposed pricing for ALL line items will be evaluated for reasonableness. Reasonable price and technical acceptability will be the basis for the best value determination. Quoters must bid on at least one of items in the schedule of items in order to be considered for the BPA, Quoters do not need to bid on all of the items in order to be considered.
STATEMENT OF WORK:
Furnish Road Maintenance services and related supplies in accordance with the requirements, specifications, terms, conditions specified herein.
LOCATION AND DESCRIPTION: Services to be performed in the Mt. Hood National
Forest and Columbia River Gorge National Scenic Area. After Award of the Parent
Blanket Purchase Agreement each individual call will indicate the area of which work will be performed.
DESCRIPTION OF SUPPLIES/SERVICES:
This description includes a list of the types and scope of work that the equipment that may be required to perform in any of the areas designated within this contract. The list is representative but not inclusive of all work that may be required by task order. Orders will most often be issued on a measureable unit quantity basis or as identified within the
Attachments of 800 maintenance based performance standards and as found in the “Standard
Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP03)” or subsequent approved replacement standards. All definitions and abbreviations not found in
Attachment 800 “Definitions and Abbreviations” can be located in the above mentioned
“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects
(FP03)” or subsequent approved replacement standards.
http://www.wfl.fha.dot.gov/design/specs/fp03.htm.
This is NOT a Time and Materials Task Order contract but rather a Blanket Purchase
Agreement (BPA). The hourly pricing requested will be utilized for price evaluation purposes in selecting a “Best Value” contractor. However, the Government shall terminate any successful contractor’s contract should their BPA Call’s lump sum pricing not be a reflective derivation of the pricing they propose herein. The intent of the Blanket Purchase Agreement is to provide for yearly road maintenance of forest roads on the Mt. Hood National Forest and
Columbia River Gorge National Scenic Area. This work includes furnishing labor, equipment, supervision, transportation, operating supplies, and all incidentals necessary to provide maintenance in accordance with drawings and specifications. In addition, the contractor may be required to respond to emergency storm events which may consist of removing trees, debris, slides and slough from drainage structures and/or traveled way to provide access to the forest.
Other payment items within the overall scope of road maintenance may be added by contract modification if an agreeable price and performance time can be established. In the event requirements for work develop that are not pre-priced, the Government will provide a complete description of the specifications and payment items and request a unit price. If mutual agreement is reached on the pricing of additional payment items, they may be added to the contract at any time. If mutual agreement is not reached on proposed additional payment items, the Government reserves the right to contract for such work with others.
PROJECT SERVICES AND REQUIREMENTS
A. Road Surface Maintenance:
Road Maintenance work will consist of routine work necessary to maintain the Federal
Road System in a functioning condition, providing safe public access, protecting the http://www.wfl.fha.dot.gov/design/specs/FP03_metric_final_062003.pdf transportation facility investment and adjacent environmental resources.
Possible Performance Activities: Hauling, processing, blading, watering, and compaction.
Work is generally confined within the limits of the existing traveled way and adjacent ditches, shoulders and cut/fill slopes. Further specifications are provided in Attachment(s)
811 - Surface Maintenance (Aggregate), 812 – Surface Stabilization (Aggregate), 813 –
Spot Surfacing, 832 – Load, Haul & Place Materials, 841 – Revegetation Treatment and
851 – Hazard Obstruction Removal.
Mobilization includes cost to mobilize the equipment necessary to complete the tasks required in Attachment(s) listed above; for evaluation of award, cost for mobilization shall include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
Schedule for each area. See Attachment 881 – Mobilization of Equipment, for further specifications.
B. Roadside Brushing:
Roadside brushing consists of cutting all vegetative growth, including trees and other vegetation above the ground, along the roadsides of the Federal Road System in order to maintain the desired road width and provide appropriate sight distances for safe public access. Further specifications are provided in Attachment(s) 842 - Roadside Vegetation
Removal and 851 - Hazard Obstruction Removal.
Mobilization includes cost to mobilize the equipment necessary to complete the tasks required in Attachment(s) listed above; for evaluation of award, cost for mobilization shall include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
Schedule for each area. See Attachment 881 – Mobilization of Equipment, for further specifications.
C. Road Decommissioning:
Road decommissioning will involve closing and/or obliteration of existing roads by Active or Passive decommissioning techniques.
Possible Performance Activities: Excavating and removal of drainage pipes (various sizes) and bridges, ripping, re-contouring, placement of mineral/woody material, installation of surface drainage (including waterbars, drain dips, rock fords and cross-drains) and access blocking features. Further specifications are provided in Attachment(s) 807 – Equipment
Rental, 832 – Load, Haul & Place Materials, 841 – Revegetation Treatment and 886 –
Decommissioning.
include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
Schedule for each area. See Attachment 881 – Mobilization of Equipment, for further specifications.
D. Asphalt Surface Treatments:
Asphalt surface treatments will involve traveled way and parking lot maintenance of
Asphalt and bituminous surface treated areas.
Possible Performance Activities: Placement of Bituminous Concrete Pavement (Not to exceed 1,000 tons), surface treatments include asphalt patches, slurry seal coat and tack or emulsion coat for application of chips for a chip seal surface, and necessary surface preparation needed prior to application of asphalt surface treatment, Pavement
Pulverization, Traffic Management Striping, Hot-Mix Asphalt Placement, Cold-mix
Asphalt Patching, and Crack Sealing as requested in Task Order. Further specifications are provided in Attachment 814 – Surface Maintenance (Asphalt).
include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
E. Drainage Maintenance:
Drainage Maintenance shall consist of providing free flowing surface and drainage water away from structures and road travelway prism.
Possible Performance Activities: Clearing, Excavation, Trenching of existing drainage system associated with roads or facilities, (surface, sub-surface, cross drainage pipe replacement), Aggregate Placement (base and surfacing, riprap, pit run), Watering and
Erosion Control Measures. Further specifications are provided in Attachment(s) 803 –
Snow Removal, 833 – Drainage Structure, Install or Replace, 834 – Drainage Structure
Maintenance, 841 – Revegatation Treatment, 851 – Hazard Obstruction Removal and 861 –
Maintenance of Cattleguards, Gates and Guardrails.
include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
F. Hazard/Danger Tree Removal:
Hazard tree removal consists of all activities normally associated with the felling of designated hazard trees. Further specifications are provided in Attachment(s) 832 – Load, Haul & Place Materials, 851 – Hazard Obstruction Removal and 854 – Danger Tree
Maintenance include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
G. Sign Installation and maintenance
Sign Installation and maintenance may consist of cleaning existing sign faces to installing and/or replacing sign with post(s). Further specifications can be found in Attachment(s) 872
– Sign Maintenance include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
H. Cattleguard, Gates and Guardrail maintenance
Maintenance of Structures shall consist of repairs, cleaning, removal and/or replacement of structures and upgrades necessary to structural items located within the road prism, i.e.
cattleguards, gates and guardrail. Contractor maybe required to weld or torch cut, as well as to fabricate metal to facilitate repair needed on traffic control devices. Specifications are attached to the Maintenance Based Specification 861 – Maintenance of Cattleguards, Traffic Gates and Guardrails.
include all necessary equipment (includes required fire equipment), permits, Traffic Control and signing (per attachment 808 - Work Area Management) and all other materials referenced in task order for which a bid item is not provided, to the point listed in the
I. Winter surface maintenance/snow removal Winter Maintenance (Snow Removal) of NFSR’s will include removal of snow depths greater than 2” base on existing National Forest System Roads. Where the federal government does not maintain its routes for winter travel, some programs may need access to planning areas whereby Snow Removal is authorized and will be required this activity.
Specifications for such activity can be found in Specification 803 – Snow Removal
J. Equipment and Labor Descriptions:
Equipment Rental with operator will be necessary to react to certain emergency situations that affect the Safety and Health of the road User(s). The Government shall utilize the contractors with the equipment and operator necessary to repair or safely mitigate a hazard for continued public use of road system. Emergency situations can be, but is not limited to, a cut bank slide onto road prism or fill failure where prism is compromised, redirecting of stream channels/drainage structures, removal and disposition of obstructions and signing and traffic control.
Equipment:
Equipment shall be in good operating condition, of modern design, with a competent, qualified operator. All equipment, except trucks, shall be equipped with rollover protection canopies.
Minimum equipment specifications for applicable work activity groupings are found in
Attachment 807 – Equipment Rental
Labor Rates:
Task orders issued under this contract shall require Service Contract Act wage rates depending on specific activities within the task order.
SPECIAL CONTRACT REQUIREMENTS
SAFETY
The following are some potential safety hazards which the contractor should be prepared to address.
1. Traffic hazards 4. Heavy equipment operations
a. Narrow Gravel or native surface forest roads
a. Backing into objects
b. Long, steep grades (less than 20%) b. Steep side slopes or soft ground for rollovers
c. Logging Traffic c. Refueling hazards
d. Unskilled visitor traffic d. Exceeding equipment limitations
e. Dusty conditions hindering visibility behind vehicles
e. Unsafe equipment / lack of safety equipment
2. Work environment f. Operator fatigue
a. Inclement weather for potential hypo/hyperthermia
5. Excavation
b. High winds that can bring down trees and rocks
a. Slope or trench wall instability
c. Wet, snowy or ice conditions making ground unstable
6. Truck Driving & Trailer Towing
d. High db noise a. Increased stopping distance
e. Insects, plants, animals b. Loads insecurely lashed
3. Communications c. Low clearances (power lines, etc.)
a. Cell phone or radio availability for emergencies
7. Hazard Tree
Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist during operations. Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. This plan shall be provided to the Contracting Officer (CO) at the post award conference.
LANDSCAPE PRESERVATION
The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.
a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.
b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.
AGAR 452.236-72 USE OF PREMISES (NOV 1996)
a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the
Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the
Contractor.
b. Unless excepted elsewhere in the contract, the Contractor shall (I) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.
AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)
If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION
(NOV 1996)
A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
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. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. The Contractor at Contractor’s expense will correct any damage resulting from operations rendering the material unsuitable for use, or results in potential siltation of streams.
CONTRACTOR'S USE OF EXISTING ROADS
The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.
The roads authorized for use will be subject to the following general conditions:
(1) State laws governing traffic rules and equipment requirements on State and County
Highways.
(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size or posted limits without valid State or
Government overload permits, damaging a road while using it, and blocking a road open to use by others, except as may otherwise be provided in the contract.
(3) Any vehicle, used by Government contractors, their subcontractors and/or suppliers, weighing more than 80,000 pounds or with axle weights and/or axle spacing not in conformance with Oregon Weight Table 1 require a bridge overload permit with the
Government.
The Contractor shall be responsible for and perform road maintenance commensurate with his use of Government roads in the construction area.
ROAD MAINTENANCE REQUIREMENTS
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 maintenance, 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 CO, Contractor road maintenance responsibility shall terminate.
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. 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 (MUTCD) for
Streets and Highways, published by the Federal Highway Administration and applicable safety codes.
AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)
A. Contractor's Responsibility for Fire Fighting
1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF
EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND
IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.
2. The Contractor may be held liable for all damages and for all costs incurred by the
Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the
Contractor's agents or employees.
B. Contractor's Responsibility for Notification in Case of Fire – The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.
C. Contractor's Responsibility for Responding to Emergencies – When directed by the
Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.
FINAL CLEANUP
Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition. All debris shall be disposed off Federal Lands and in accordance with State and Local disposal requirements.
PUBLIC OFFICIALS NOT PERSONALLY LIABLE
There shall be no personal liability upon the Contracting Officer, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.
DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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 of 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.
GOVERNMENT-FURNISH 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 provisions of FAR Clause 52.245-2 "Government Property
(Fixed-Price Contracts)" hereby incorporated by reference into the contract in accordance with
FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein.
Item No. Property to be furnished Quantity Delivery Date
* Note: The Items, Quantity, and Delivery Date will be specified and provided with each Order.
Some site prep and finish work will need to be accomplished in providing Government Furnished property, when deemed responsibility of contractor to mine product from government furnished quarries. This request will be made known on each specific Order.
PRODUCT SUBSTITUTION
Any modification of other 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.
APPROVAL OF SUBCONTRACTING
The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:
A. The name, address and telephone number of the subcontractor.
B. The date upon which the subcontract was entered into and its duration.
C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.
D. Documentation of the subcontractor's representative authority.
Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.
CERTIFICATION OF COMPLIANCE
Contractor shall certify compliance with specific fire precautionary measures included in the Fire Protection and
Suppression Forms attached to each individual Order. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.
MOTORIZED EQUIPMENT
Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.
CAMPING PROVISIONS
The following provisions apply to all camping on Federal lands, during performance of this contract:
1. These provisions are in addition to those contained in, or provided for, in the clause titled "Use of Premises", in this contract.
2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.
3. The campsite will not encroach beyond the boundaries designated by the Federal land agency. No camp area shall be located within 50 feet of any open water (lake, stream, pond, etc.). No camping shall be permitted within developed recreation sites or along primary recreation roads.
4. The campsite shall have a clean appearance at all times.
5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the
United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.
6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees or recreating public. Disorderly conduct is not permitted.
7. Damaging or removing any natural feature or other property of the Federal land agency is prohibited.
8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.
9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, and shall meet the requirement for storage of perishable food items.
10. An adequate and convenient potable water supply, approved by the appropriate health authority, shall be provided in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.
11. Toilet facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, shall be provided and supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.
12. Fly-tight, rodent-tight, impervious, cleanable or single service containers shall be provided and used for the storage or garbage. Such containers shall be kept clean and emptied when full.
13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid.
14. A laundry tray or tub for every 30 workers shall be provided or transportation, at least weekly, to a commercial laundromat shall be provided for all workers.
15. No waste water may be dumped on the ground. (Waste water is all domestic used water other than from toilets).
16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Government.
17. The contractor must comply with the following fire regulations:
a. A shovel, axe or pulaski, 10-quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 5: BC is required during the fire season.
b. All fire rings or outside fireplaces will be approved by a Government representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring and it will not have any overhanging material. Fire rings will be dismantled and material dispersed prior to leaving the site.
c. All generators and other internal combustion engines will be equipped with government approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).
d. All fuel storage areas will be approved by a government representative and be at least 50 feet from flammables.
18. Any violation of these conditions may constitute a revocation of camping approval.
19. The Government reserves the right to terminate this permit at any time.
20. A camping permit shall be obtained by contractor and approved by Forest Service prior to utilization of site.
Permits can be obtained through C.O.R.
The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/
CONTRACT CLAUSES
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget
(OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number
201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime
Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph
(b) of this section, unless otherwise approved in writing by the Contracting Officer.
FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAY 2014) Alternate I (MAY 2014).
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --
Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial
Items (Oct 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
http://www.arnet.gov/far/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20225
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78
(19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
_X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan
2014) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul
2013) (41 U.S.C. 2313).
___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)
(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section
743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
__X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2014) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)
(15 U.S.C. 657f).
__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible
Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
__X_ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and
13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
__X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011) (E.O. 13513).
___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.
L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul
2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
__X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul
2013) (31 U.S.C. 3332).
___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
__X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
__X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price
Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor…
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