AG-046W-S-16-0043_Road_Striping_Commercial_Synopsis_Solicitation.pdf
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Solicitation AG-046W-S-16-0043 (Roadway Striping)
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Solicitation: AG-046W-S-16-0043
Project: Roadway Striping on NFSR’s 46 & 57
US Forest Service, Mt. Hood NF, Clackamas River RD
COMMERCIAL COMBINED SYNOPSIS/SOLICITATION
Project Name: Road Striping on NFSR’s 46 & 57
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
quotes/proposals are being requested and a written solicitation will not be issued.
The solicitation number AG-046W-S-16-0043 and issued as a Request for Quotation (RFQ); under the Simplified
Acquisition Procedures (SAP), Part 13.5
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular 2005-58.
This is a total small business set-aside with an associated NAICS code of 238990 and small business size standard of____$15 M_____. PSC: Z1LB
Submit Quote to:
Mt Hood National Forest – Northwest Contracting Area (NWCA)
16400 Champion Way
Sandy, Oregon 97055
Ph: (503)668-1060 (front desk)
Posted Date: August 16, 2016
Response Date: Wednesday, August 31, 2016, 12:30pm PST.
Contract Specialist: Roxanne Anderson, (503)668-1730 rdanderson@fs.fed.us
Technical Contact: Lucas Jimenez (503)668-1784 ljimenez02@fs.fed.us
Place of Performance: Mt. Hood National Forest, Clackamas River Ranger District
*Quote submissions will be accepted by: Standard/express mail, hand delivery or Email (rdanderson@fs.fed.us)
Company Name: _______________________________
Offer’s Signature: Date: ______________________
Address: __________________________________________________________________________________
Telephone No: ________________________________ E-mail: _______________________________________ mailto:rdanderson@fs.fed.us mailto:ljimenez02@fs.fed.us mailto:rdanderson@fs.fed.us
US Forest Service, Mt. Hood NF, Clackamas River RD
TABLE OF CONTENTS
SECTION A - SOLICITATION/CONTRACT FORM
Combined Synopsis / Solicitation
TABLE OF CONTENTS
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Scope of Contract
C-2 Project Location
C-3 Submittals
C-4 AGAR 452.211-72 Statement of Work/Specifications
C-5 AGAR 452.211-73 Attachments to Statement of Work/Specifications
SECTION D - PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E - INSPECTION AND ACCEPTANCE
E-1 FAR 52.252-2 Clauses Incorporated by Reference
E-2 AGAR 452.246-70 Inspection and Acceptance
E-3 Conformity with Plans and Specifications
SECTION F - DELIVERIES OR PERFORMANCE
F-1 FAR 52. 252-2 Clauses Incorporated by Reference
F-2 FAR 52. 211-10 Commencement, Prosecution, And Completion Of Work
F-3 Suspensions Of Work For Other Than Government's Convenience
SECTION G - CONTRACT ADMINISTRATION DATA
G-1 Designation of Contracting Officer’s Representative
G-2 AGAR 452.215-73 Post Award Conference
US Forest Service, Mt. Hood NF, Clackamas River RD
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-1 FAR 52.236-4 Physical Data
H-2 Potential Safety Hazards
H-3 Traffic Control, Barricades, Warning Signs and Other Devices
H-4 Road Use and Maintenance
H-5 Tank Truck
H-6 AGAR 452.236-77 Emergency Response
H-7 Industrial Camps
H-8 Sanitation Requirements
H-9 Landscape Preservation And Hazardous Materials
H-10 Moisture Sensitive Soils
H-11 Protection of Cultural Resources
H-12 Protection of Habitat of Endangered, Threatened, and Sensitive Species
H-13 Final Cleanup
H-14 Approval of Subcontracting
H-15 Product Substitution
H-16 Payments for Incidental Items
H-17 Costing of Claims or Modifications
H-18 AGAR 452.228-71 Insurance Coverage
CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
Fire Protection Requirement Forms
Fire Protection and Suppression (incorporated)
Additional Fire Precautionary Measure 1 – Tank Truck
Additional Fire Precautionary Measure 2 - Communications
Specifications Applicable to the Project
Wage Determination and Decision
US Forest Service, Mt. Hood NF, Clackamas River RD
PART I - SCHEDULE OF ITEMS
SECTION B – SERVICES AND PRICES
NFSRs 46 & 57 Roadway Striping
Clackamas River Ranger District
Mt. Hood National Forest
Clackamas County & Marion County, Oregon
B- 1 - SCHEDULE OF ITEMS
NFSR 46 M.P. 0.00 to 11.83
ITEM
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
803 (01) Temporary Traffic Control Hour 24 $________ $___________
814 (06) Paved Surface Cleaning (Double Lane) Mile 11.83 $________ $___________
814 (13) Road Travelway Double Yellow Centerline Striping Mile 11.83 $________ $___________
814 (15) Road Travelway Single White Fog Line Striping (Both Sides)
Mile 11.83 $________ $___________
881 (01) Mobilization Lump Sum 1 $________ $___________
Total Cost: $___________
NFSR 46 M.P. 11.83 to 16.99 (Optional-1)
ITEM
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
803 (01) Temporary Traffic Control Hour 10 $________ $___________
814 (06) Paved Surface Cleaning (Double Lane) Mile 5.16 $________ $___________
814 (13) Road Travelway Double Yellow Centerline Striping Mile 5.16 $________ $___________
814 (15) Road Travelway Single White Fog Line Striping (Both Sides)
Mile 5.16 $________ $___________
US Forest Service, Mt. Hood NF, Clackamas River RD
NFSR 46 M.P. 16.99 to 21.81 (Optional-2)
ITEM
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
803 (01) Temporary Traffic Control Hour 9.5 $________ $___________
814 (06) Paved Surface Cleaning (Double Lane) Mile 4.82 $________ $___________
814 (13) Road Travelway Double Yellow Centerline Striping Mile 4.82 $________ $___________
814 (15) Road Travelway Single White Fog Line Striping (Both Sides)
Mile 4.82 $________ $___________
NFSR 46 M.P. 21.81 to 28.46 (Optional-3)
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
803 (01) Temporary Traffic Control Hour 13.5 $________ $___________
814 (06) Paved Surface Cleaning (Double Lane) Mile 6.65 $________ $___________
814 (13) Road Travelway Double Yellow Centerline Striping Mile 6.65 $________ $___________
814 (15) Road Travelway Single White Fog Line Striping (Both Sides)
Mile 6.65 $________ $___________
NFSR 57 M.P. 4.97 to 7.50 (Optional-4)
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
803 (01) Temporary Traffic Control Hour 5 $________ $___________
814 (06) Paved Surface Cleaning (Double Lane) Mile 2.53 $________ $___________
814 (13) Road Travelway Double Yellow Centerline Striping Mile 2.53 $________ $___________
814 (15) Road Travelway Single White Fog Line Striping (Both Sides)
Mile 2.53 $________ $___________
881 (01) Mobilization Lump Sum 1 $________ $___________
Total Cost: $___________
Grand Total Cost of ALL ITEMS: $________________
B-2 - NOTE:
Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.
US Forest Service, Mt. Hood NF, Clackamas River RD
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 SCOPE OF CONTRACT
1. This solicitation is to solicit proposals for Roadway Striping maintenance on the Mt. Hood National
Forest. This work will cover a minimum of 11.83 miles and up to a maximum of 30.99 miles, depending upon availability of funds. All work will take place on two-lane paved roads with traffic moving in opposing directions and free-flowing mixed-use traffic traveling at speeds ranging from 10
MPH (bicycles) up to 55 MPH (passenger cars and heavy commercial vehicles) where sight distance is limited by roadway horizontal or vertical curvature and thick roadside vegetation, and no stable road shoulder exists to provide passage of vehicles outside of the paved travel way.
All work will consist of the following:
(a) Implementation of a Contractor prepared, and government approved, Traffic Control and Safety
Plan (See paragraph 2 of this subsection). All roads are to remain open to public traffic with not more than twenty (20) minutes maximum delay time. Extended closures or delays may be acceptable and will be evaluated on a case-by-case basis, but shall be advised in writing to the
Contracting Officer prior to implementation, with reasonable time allowance for public notice, normally 10 working days.
(b) Cleaning of all asphalt surfaces prior to painting by utilizing mechanical broom and/or pressure washing equipment to remove loose particles, dirt, tar, grease, moss, or other deleterious materials and to prepare the surface for painting.
(c) Application of Type B Waterborne Traffic Paint and Type 1 Glass Beads for single white fog line striping on each side of the roadway and solid double yellow striping along the centerline of the roadway. All markings to be according to Manual on Uniform Traffic Control Devices (MUTCD) standards.
2. The Offeror must submit, at time of bid, offer, or project proposal, a plan for satisfactory handling of traffic which provides for: a) the safety of the public, workers on site, and government inspectors, and
b) reasonable prevention of damage to any property not owned by the Contractor. This plan will be considered as one evaluation factor for award of the contract. After award and prior to beginning or during work the government may request plan revisions as deemed appropriate by the Contracting
Officer. A suitable documented plan meeting the requirements of, and approved by, the government is required prior to initiating or performing work which interferes with the free-flowing use of traveled roadways.
3. All work performed shall be in compliance with the specifications attached hereto and be in compliance with all applicable guidelines and standards set forth in the most current version of the
MUTCD utilizing materials in compliance with the most current version of Standard Specifications for Transportation Materials and Methods of Sampling and Testing published by the American
Association of State Highway and Transportation Officials (AASHTO).
US Forest Service, Mt. Hood NF, Clackamas River RD
C-2 PROJECT LOCATION:
The project has two locations, both located on the Clackamas River Ranger District of Mt. Hood National Forest.
Work on National Forest Service Road (NFSR) 46 begins at mile post 0.00 of NFSR 46 and ends at approximate mile post 28.46 of NFSR 46 at the southerly Forest Boundary line, and can be reached as follows:
Travel South East from Estacada on Oregon State Highway 224 for approximately 25 miles to the
Ripplebrook Guard Station. Continue on for about 1/2 mile over the bridge crossing the Oak Grove
Fork of the Clackamas River to the junction of NFSR 46 and NFSR 57. The end of the bridge is the beginning of the project.
Work on NFSR 57 begins at the junction of NFSR 57 and NFSR 5720 (mile post 4.97) and ends at approximate mile post 7.50 at the end of pavement, and can be reached as follows:
Travel South East from Estacada on Oregon State Highway 224 for approximately 25 miles to the
Ripplebrook Guard Station. Continue on for about 1/2 mile over the bridge crossing the Oak Grove
Fork of the Clackamas River to the junction of NFSR 46 and NFSR 57. Turn left onto NFSR 57 and travel approximately 4.97 miles to the junction of NFSR 57 and NFSR 5720 (right), which is the beginning of the project.
C-3 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.
The following submittals are required for this project:
Referenced by Time for Government Approval
Title Specification No. After Submittal
Traffic Control and Safety Plan 808.02 B 7 Days
C-4 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (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.
US Forest Service, Mt. Hood NF, Clackamas River RD
C-5 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF
WORK/SPECIFICATIONS (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
E-1 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
52.246-1 Contractor Inspection Requirements (APR 1984)
52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed on the project unless otherwise agreed to.
E-3 CONFORMITY WITH PLANS 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
Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.
http://www.arnet.gov/far/
US Forest Service, Mt. Hood NF, Clackamas River RD
SECTION F--DELIVERIES OR PERFORMANCE
F-1 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/ http://farsite.hill.af.mil/vffara.htm
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
52.242-15 Stop Work Order (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
F-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF
WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 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 30 September, 2016 . The time stated for completion shall include final cleanup of the premises.
The maximum work week that will be approved is 7:00 a.m. to 7:00 p.m., Monday through Saturday, excepting federal holidays, unless previously approved by the Contracting Officer and the Contracting Officer’s Representative.
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.
http://www.arnet.gov/far/ http://farsite.hill.af.mil/vffara.htm
US Forest Service, Mt. Hood NF, Clackamas River RD
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible 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.
G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
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:
Mt. Hood National Forest
16400 Champion Way
Sandy, OR 97055
US Forest Service, Mt. Hood NF, Clackamas River RD
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 FAR 52.236-4 PHYSICAL DATA (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 surface observations.
(b) Weather conditions typical for this area indicate the following normal work season and fire season:
Normal work season: June through October
Restricted work season: October through May (due to heavy precipitation)
Normal fire season: June through October
H-2 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] Traffic control on high-volume and/or high-speed and/or limited visibility roads.
[X] Heavy equipment operation.
[X] Fire hazards.
[X] Hazardous materials handling.
[X] Hydraulic and/or pneumatic and/or other high pressure hazards.
[X] Mechanical hazards such as pulleys, springs, etc.
H-3 TRAFFIC CONTROL, BARRICADES, WARNING SIGNS AND OTHER DEVICES
1. Public Traffic. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. All roads are to remain open to public traffic throughout the duration of the project with not more than twenty (20) minutes maximum delay time. Any activities requiring extended delays or closure of a road to the public must be requested in writing by the Contractor and approved in writing by the Contracting Officer at least 10 days in advance of commencement of work.
2. Traffic Control. The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. 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. Travel lanes closed to traffic shall be protected by effective closure devices, and
US Forest Service, Mt. Hood NF, Clackamas River RD 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.
H-4 ROAD USE AND MAINTENANCE
1. Transportation facilities utilized to access the site is Oregon State Highway 224 which is paved and well maintained by the Oregon Department of Transportation. Other roads utilized to access the site are National Forest
System Roads (NFSRs) that are paved but are maintained to a lower standard. Accessibility is not restricted during the normal operating season unless otherwise indicated on the Forest Service’s published Road Restrictions for the
Clackamas River Ranger District. Vehicles shall not operate off system roads without prior written approval by the
Contracting Officer.
2. Inaccessibility due to snow, fallen trees, slides, or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may:
(a) direct the Contractor to an alternate access route, or;
(b) request that the Contractor provide services to render the road accessible to normal travel and make an equitable adjustment to the contract, or;
(c) delete the inaccessible subitem(s).
3. If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.
4. The roads authorized for use will be subject to the following provisions:
(a) The Road Rules in the current Mt. Hood National Forest Road Rules Document applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.
(b) State laws governing traffic rules and equipment requirements on State and County Highways.
(c) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.
(d) Load Limit - For loads exceeding eighty thousand pounds (80,000 lb.) gross vehicle weight
(GVW), the Contractor shall submit a Forest Service Bridge Use Application and Permit a minimum of 30 days prior to use. Bridges located on access roads used for this project are: NFSR
46 – Pinhead Creek Bridge at mile post 15.0 and Cub Springs Bridge at mile post 20.7; NFSR 57
– Sam Creek Bridge at mile post 4.5, Oak Grove Fork Bridge at mile post 6.3, and Shellrock
Creek Bridge at mile post 7.4.
US Forest Service, Mt. Hood NF, Clackamas River RD
(e) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR
261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current
Road Rules Document and will be posted on the road.
H-5 TANK TRUCK
In addition to the requirements under Fire Precautionary Measure 1 – Tank Truck (Section J), a tank truck is required during all contract operations.
H-6 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.
H-7 INDUSTRIAL CAMPS
Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.
A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.
H-8 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 maintenance 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
US Forest Service, Mt. Hood NF, Clackamas River RD habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.
H-9 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS
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 necessary to complete the work and 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) Prevention of Contaminant Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure 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. Contractor shall provide & have Spill Kits on Site.
For servicing & refueling of all equipment, use absorbent pads for immobile equipment & perform operations at least 150 feet from water bodies unless otherwise approved in writing by the Contracting Officer.
If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and
Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.
H-10 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. 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 Contractor's expense.
H-11 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.
US Forest Service, Mt. Hood NF, Clackamas River RD
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.
H-12 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE
SPECIES
Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract.
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.
H-13 FINAL CLEANUP
The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project. Before final acceptance, the Contractor shall remove all of his own trash and refuse, 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 of off Federal Lands and in accordance with all
State and Local laws and disposal requirements.
H-14 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.
(e) 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.
US Forest Service, Mt. Hood NF, Clackamas River RD
H-15 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 has been made. No approvals will be made prior to award.
H-16 PAYMENTS FOR INCIDENTAL ITEMS
The intent of the contract is to provide for the complete delivery of the project as described. Unless otherwise provided herein, the Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Bid Schedule. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.
H-17 COSTING OF CLAIMS OR MODIFICATIONS
The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction Equipment Ownership and
Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S.
Government Printing Office or other comparable equipment rate publication, to the extent that such publications contain a listing of the equipment being costed or of similar equipment.
H-18 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 worker’s 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
US Forest Service, Mt. Hood NF, Clackamas River RD 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.
CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
1. Fire Protection Requirement Forms
Fire Protection and Suppression
Form R6-FS-6300-52 (5/89) (6 pages) Incorporated into document page 50 - 55
Additional Fire Precautionary Measure 1 – Tank Truck
Form R6-FS-6300-53 (5/89) (1 page) Incorporated into document page 56
Additional Fire Precautionary Measure 2 – Communications
Form R6-FS-6300-54 (5/89) (1 page) Incorporated into document page 56
2. ATTACHMENT #1: Specifications Applicable to the Project:
- SPS/F06 – Section 800 DEFINITIONS & ABBREVIATIONS
- SPS/F06 – Section 801 QUANTITY MEASUREMENT TERMS
- SPS/F06 – Section 808 WORK AREA MANAGEMENT
- SPS/F06 – Section 814 ASPHALT SURFACE MAINTENANCE
- SPS/F06 – Section 881 MOBILIZATION/EQUIPMENT MOVING
4. ATTACHMENT #2: Wage Determination and Decision
US Forest Service, Mt. Hood NF, Clackamas River RD
The provision “52.212-1, Instructions to Offerors-Commercial”, applies to this acquisition and the following are provided as an addenda to this provision.
The provision “52.212-2, Evaluation-Commercial Items”, applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision, are as follows:
1. TECHNICAL / EXPERIENCE QUESTIONNAIRE
2. AVAILABILITY
3. PRICE
Price and availability are equally important when considering all offers.
All offerors must provide a completed copy of “52.212-3, Offeror Representations and Certifications – Commercial
Items” OR the offeror must have completed their annual representations and certifications electronically at http://orca.bpn.gov . If the offeror has completed ORCA on-line, a copy of 52.212-3 can be pulled from the ORCA website.
DUNS Number: TIN Number:___________________
(xi) Provide the following statement.
FAR Clause “52.212-4, Contract Terms and Conditions – Commercial Items” applies to this acquisition and includes the following addenda to this clause incorporated in full or by reference.
FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)
FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 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 September 30, 2016.
AGAR 452.236-72 USE OF PREMISES (NOV 1996)
AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)
AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)
AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)
AGAR 452.209 – 71 Alternate 1 (FEB 2012)
Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service contracts above the micro-purchase threshold entered into with any entity that is a corporation:
ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE
APPLICANTS
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies.
Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and http://orca.bpn.gov/
US Forest Service, Mt. Hood NF, Clackamas River RD
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United
States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
FAR Clause “52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders –
Commercial Items”
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --
Commercial Items (Mar 2016)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(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:
___ (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 (Oct 2015) (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 (Oct
2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section
743 of Div. C).
US Forest Service, Mt. Hood NF, Clackamas River RD
___ (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 (Oct 2015) (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) [Reserved]
___ (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 2014) (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 2015) (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 2015) of 52.219-9.
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
US Forest Service, Mt. Hood NF, Clackamas River RD
_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, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Feb 2016) (E.O.
13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)
___ (35) (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.)
US Forest Service, Mt. Hood NF, Clackamas River RD
___ (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.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (37) (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.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011) (E.O. 13513).
_X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (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.
___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (44) 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).
___ (45) 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).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
US Forest Service, Mt. Hood NF, Clackamas River RD
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul
2013) (31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul…
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