Sol_140P3022R0017.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040569617

NPS, NCR - Regional Contracting

Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Craig Madison 2029133810

48886 x 06/24/2022

140P3022R0017

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Attachment 1 - Drawings Final Sealed 24x36

Attachment 2 - Four Locks Geotechnical Report

Attachment 3 - Specifications Final Sealed Revised

Attachment 4 - Wage Determination MD20220022 Washington effective 5-20-22

Attachment 5 - Four Locks Submittal List Final

Attachment 6 - Vaccination Certification Notification to DOI Contractors CO Craig

Madison

Attachment 7 - Certification of Vaccination Form expires 2-28-25

Attachment 8 - CAAC Letter 2020-04

Attachment 9 - Proposal Submission Package

Attachment 10 - Schedule of Values - Template

Attachment 11 - Subcontracting Percentage Worksheet

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10 and Section F

07/28/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, NCR - Regional Contracting Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Craig Madison

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3022R0017

Request for Proposal (RFP) 140P3022R0017 is for the Chesapeake & Ohio Canal National Historical

Park 4 Locks Boat Ramp Improvement project. The

Government intends to make an award to a single offeror whose proposal meets the requirements stated in solicitation and is determined to provide the greatest overall value to the

Government resulting from this solicitation. The drawings, specifications, geotechnical report, and wage determination are provided as separate attachments in accordance with section C of this document.

Legacy Doc #: NPS

Delivery: 09/19/2023

Delivery Location Code: 0009060137

NPS, C&O Canal NHP

142 West Potomac Street

Williamsport MD 21795 US

Period of Performance: 09/20/2022 to 09/19/2023

00010 Mobilization / Demolition

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00020 Erosion & Sediment Control

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00030 Cofferdam

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3022R0017

00040 Site Clearing & Grubbing

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00050 Site Demolitions & Relocations

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00060 Site Earthwork

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00070 Concrete Foundations

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00080 Concrete Sidewalks & Stairs

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3022R0017

00090 Gangways & Docks

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

00100 Asphalt Crack Sealing & Mill/Overlay

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

POC Information

Contracting Officer Representative is Brian Hixon at brian_hixon@nps.gov or 301-491-6178.

Contracting Officer is Craig Madison at craig_madison@nps.gov or 202-913-3810.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P3022R0017

PAGE OF

6 | 66

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Bid Schedule 7 C Specifications/Drawings 8 D Packaging and Marking 20 E Inspection and Acceptance 20 F Deliveries or Performance 21 G Contract Administration Data 22 H Special Contract Requirements 27

PART II – Contract Clauses I Contract Clauses 30

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 37

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 38 L Instructions, Conditions, and Notices to Offerors 47 M Evaluation Factors for Award 63

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PART I - THE SCHEDULE

SECTION B – BID SCHEDULE

National Park Service – National Capital Area Chesapeake & Ohio Canal National Historical Park - 4 Locks Boat Ramp Improvement

Starliper Rd., Clear Spring, MD 21722

Item Method of No. Description Measurement Total

BASE ITEMS

001 Mobilization/Demolition Lump Sum $

002 Erosion and Sediment Control Lump Sum $

003 Cofferdam Lump Sum $

004 Site Clearing and Grubbing Lump Sum $

005 Site Demolition and Relocations Lump Sum $

006 Site Earthwork Lump Sum $

007 Concrete Foundations Lump Sum $

008 Concrete Sidewalks and Stairs Lump Sum $

009 Gangways and Docks Lump Sum $

010 Parking Lot Work, including but not limited Lump Sum $ to Asphalt Crack Sealing & Mill Overlay

011 Profit and Overhead Lump Sum $

BASE ITEMS TOTAL $

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

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is:

Between $500,000 and $1,000,000

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SECTION C – SPECIFICATIONS/DRAWINGS

C.0 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS - National Capital Area (NCA) supports natural wonders to man-made marvels in Virginia, West Virginia, Maryland, and the District of Columbia. The NCA parks include Antietam National Battlefield, Catoctin Mountain Park, Chesapeake & Ohio Canal National Historical Park, George Washington Memorial Parkway, Harpers Ferry National Historical Park, Manassas National Battlefield Park, Monocacy National Battlefield, National Capital Parks - East, National Mall and Memorial Parks, Potomac Heritage National Scenic Trail, President’s Park, Prince William Forest Park, Rock Creek Park, and Wolf Trap National Park for the Performing Arts.

C.1 BACKGROUND

Preserving America's early transportation history, the C&O Canal began as a 184.5-mile dream of passage to Western wealth. Operating for nearly 100 years the canal was a lifeline for communities along the Potomac River as coal, lumber, and agricultural products floated down the waterway to market. Today it endures as a pathway for discovering historical, natural, and recreational treasures.

The Chesapeake and Ohio Canal National Historical Park preserves the rich history of the canal. Within the canal, there are many classified structures listed on the National Register of Historic Places. The 4 Locks Boat Ramp is located at milepost 108.8, Starliper Rd., Clear Spring, MD 21722. The ramp is suitable for launching small motorboats and any type of hand-paddled watercraft. A large parking lot can hold thirty vehicles with boat trailers. A picnic area and an indoor chemical toilet (i. e. a fancy outhouse) are also near the ramp. Like all boat ramps within Chesapeake and Ohio Canal National Historical Park, there is no usage fee. For more detailed and general information checkout the website at:

Chesapeake & Ohio Canal National Historical Park (U.S. National Park Service) (nps.gov)

C.2 PURPOSE

The DOI – NPS - NCA – has a requirement to improve the 4 Locks Boat Ramp area. This improvement project shall address the deferred maintenance backlog, re-establish the life cycle of the boat ramp, and continue to provide the opportunity for visitors to enjoy the Potomac River and surrounding area.

C.3 PROJECT BACKGROUND

The 4 Locks Boat Ramp is currently in an unsafe condition due to the concrete spauling resulting in rebar sticking that can puncture boats and injure the public. In addition, the concrete abutments on either side of the boat ramp have shifted causing a potential hazard for boaters.

C.4 PURPOSE

The purpose of the project is to replace the boat ramp, install a new floating dock, and make repairs and upgrades to the site to improve the appearance, Architectural Barriers Act (ABA) compliance, and visitor safety. The work includes, but not limited to the following work, as detailed in the specification sections, and as shown on the attached drawings:

Replace existing concrete boat ramp with new articulating concrete block ramp.

https://www.nps.gov/choh/index.htm

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Provide and install new 4’x 60’floating dock with a stiff-arm system.

Provide and install stairs and accessible access to the dock.

Provide and install stair access to the new ramp.

Add dedicated handicap parking spaces to the parking lot and access isle.

Remove silt and sedimentation, regrade, and stabilize grass area along parking lot perimeter.

Adjust grading and provide protection for the embankment around boat ramp and boat dock with rip-rap.

Install rain garden and stone diaphragm stormwater management facilities.

Repair approximately 1,200 linear feet of asphalt cracking in parking lot.

Contractor shall provide a professional certification of the construction of all required stormwater management facilities in accordance with Maryland Department of Environment (MDE) standards and regulations.

C.5 SPECIAL PROJECT SPECIFICATIONS

All specific details, requirements and drawings are listed in Section J and are considered part of the overall requirements, in addition to everything stated in Section A-J on the award, and K-M in the solicitation.

C.6 CONTRACTOR AND PRODUCT ADDITIONAL REQUIREMENTS

The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction and applicable State Regulations.

Contractor shall be responsible for obtaining all required permits (if applicable) and scheduling all applicable inspections. All inspections must be signed off and completed prior to receipt of final payment. All applicable submittals required, which may include warranty, production information, operation and maintenance documentation, etc. as defined throughout various sections of Special Project Specifications must be provided to COR and CO prior to submission of final invoice. Invoice shall be rejected until the required documentation is submitted. Please refer to Section J for all additional documents.

All trash and debris removal must be in accordance with local, state and federal regulations.

All materials and equipment are to be installed per manufacturer’s installation guidance.

C.7 GENERAL PLACE OF PERFORMANCE AND HOURS OF OPERATION

National Park Service – National Capital Area Chesapeake & Ohio Canal National Historical Park 4 Locks Boat Ramp Improvement Starliper Rd., Clear Spring, MD 21722

Normal operational hours are approximately from 06:00 am to 4:30 PM Eastern Time, Monday through Friday.

No work shall occur on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th Independence Day – July 4th

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Labor Day – First Monday in September Columbus Day/Indigenous Peoples Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

C.8 SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment and materials on a daily basis. Maintain site free of hazards at all times. Occupancy access shall be negotiated on a project specific basis. Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed. All historical and/or archeological issues shall be addressed as needed and stated in the contract and its attachments.

C.9 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government; all refuse, excess or waste materials resulting from construction operations shall become the property of the contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C.10 SAFETY

During the execution of this contract, the Contractor must conform to the rules and regulations, as amended and as set forth by:

29 CFR 1910 – OSHA General Industry Regulations & Standards 29 CFR 1926 – OSHA Construction Industry Regulations & Standards US Army Corps of Engineers “Safety and Health Requirements” Manual No. 385-1-1 (free online -https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ ) National Park Service Occupational Safety and Health Program – Reference Manual 50B - Reference Manual 50B: NPS Occupational Safety and Health Program

General Requirements:

Work area shall always be maintained in a clean and safe condition.

All personnel providing service on-site shall have pictured identification and uniform displaying the name of the company (if appliable).

All on-site vehicles will also be marked with the company name (if applicable).

Use of barricades, ropes, signs, or audible signals is required, and the contractor must take all necessary precautions for the protection of the work, property, and safety of the public.

Any accident or incident, regarding the work under this contract, shall be reported immediately, in writing, to the

Contracting Officer.

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928

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Smoking of any kind will not be permitted on premises. The COR/POC may authorize the use of a designated smoking if requested.

Working in a Federal building or Federally controlled indoor workspaces:

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/

C.11 FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The contractor, whether or not directed by the NPS, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by contractor's employees, whether set directly or indirectly as a result of contractor operations. The contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the contractor's employees or resulting from contract operations.

(1) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(2) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material must be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

(3) Welding. Welding or use of cutting torches shall be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

C.12 TEMPORARY FACILITIES

(a) STAGING AREA: The contractor shall arrange the location for exterior stockpiling of materials (i.e. storage) with COR/POC, and contractor must be present when any materials are delivered to ensure proper placement in directed location. The Government shall provide adequate staging area as close to the construction site as practicable.

The Government shall NOT provide any secured storage/staging areas for the contractor. The contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities shall be provided by the Government.

(c) WATER, AND ELECTRICITY: Water and 120V electricity shall not be available to the contractor. The contractor shall provide these services as needed to perform the required work.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone or wireless access may or may not be available at the construction site.

https://gcc02.safelinks.protection.outlook.com/?url=https://www.saferfederalworkforce.gov/overview/&data=05%7C01%7CCraig_Madison@nps.gov%7C017321ae3ce54b2e4c0b08da482089d1%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637901601831734573%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0=%7C3000%7C%7C%7C&sdata=vS0Y1s9ZuYGaL+fGyy9vfOMdP5VDFAL1SffEADbd3qQ=&reserved=0

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C.13 LANDSCAPE PRESERVATION

A. The contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

B. Operation 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.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or wastewater 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. Temporary Erosion and Sedimentation Control: Provide effective erosion control measures to prevent soil erosion and discharge of soil-bearing water runoff at the earliest feasible stage of construction. Regularly inspect and maintain the measures in effective working order. Promptly stop work in area(s) of any ineffective erosion control measures.

D. Tree and Plant Protection: Install temporary fencing located outside the drip line of trees to protect from damage from construction operations. Protect the tree root systems from damage, flooding, and erosion.

E. Dust: Utilize effective means to prevent generation of wind-borne dust (typically watering or application of other approved dust control measures) and to prevent sediment from leaving the work site and/or entering storm sewers and water bodies. Method must be approved by the COR.

G. Damage: Protect adjacent vegetation, property, structures, and improvements from damage.

H. Hazardous Materials: Perform any hazardous materials work in strict accordance with governing hazardous materials regulations. Workers shall be knowledgeable and well trained in the handling of project-specific hazardous materials.

I. Spill Control: Provide effective spill containment measures at the earliest feasible stage of construction. Regularly inspect and maintain the measures in effective working order.

C.14 EXISTING UTILITIES

The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C.15 CONSTRUCTION SCHEDULE/VALUES

Within 7 calendar days of Task Order award and/or other time as agreed to at the Task Order Level, the Contractor shall prepare and submit a Construction Schedule of Values to the CO and/or COR. The Schedule of Values must reflect the actual physical phases of the work. Indirect costs such as General Conditions, insurance, mobilization, bonds, and taxes (if applicable) when not broken out by separate Line Item, must be distributed over the items of physical work to be performed. The total costs for the component parts should be equal to the proposed amount for each item.

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The Schedule of Values must describe multiple activities being proposed from start to finish of the project and show construction work completion in %. The Schedule of Values will form the basis for progress payments, when authorized.

Payments will not be authorized until the Schedule of Values is approved by the CO and/or COR. The Schedule of Values included in Attachment 10 or equivalent may be used.

C.17 CONSTRUCTION SCHEDULE

The Contractor shall submit for approval an initial practicable graphic construction schedule in PDF format with 15 days of NTP at Task Order Level as described in FAR 52.236-5 – Schedules for Construction Contracts. The Construction Schedule shall be in the form of a Progress Chart of suitable scale to indicate appropriately the percentage of the work schedule for completion by a given date. The Construction Schedule must at least:

Show the order in which the Contractor proposes to perform the work.

Show the dates on which the Contractor contemplates starting and completing the several salient features of the project.

Identify long lead items and Government furnished property (if applicable).

The Contractor must submit updated schedule at least bi-monthly to the COR depicting progress of the work completed to date. The Contractor must notify the COR/CO in writing whenever there are significant departures from the approved Construction Schedule. Any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

C.18 SUBMITTALS

A. Definition: Submittals – are documents, samples, and other information that must be delivered to the CO and/or COR on a project before work even starts on a project. The NPS further defines Submittals as:

1. Action Submittals – are those that typical require some kind of action before any can proceed (i.e. Product Submittals, Safety Plan, Construction Schedules, Differing Site Conditions, etc.

2. Information Submittals - are those that typically require no action to proceed (i.e. Certificate of Insurance, Performance and Payment Bonds, Informational RFI’s, etc.

B. Submittals may be in the form of digital documentation and/or actual physical samples as indicated.

C. All submittals must be submitted on the NPS - CM-16 form, and the CM-16 form must be filled out correctly with all the blocks completed as appropriate. If submittals are submitted without the CM-16 form, they will be rejected until submitted on correct form. This requirement for a CM-16 also applies if the Contractor provides submittals through ProCore or similar Project Management System, other than email.

D. Salient characteristics of the materials proposed for use shall be clearly identified in the submittal and must match the salient characteristics as stated in Scope of Work, Specifications, Drawings and/or other documentation. The Project Manager must certify that he has reviewed the submittal and has determined that the submittal is in full compliance with the requirements of the Contract. Any illegible, incomplete, or uncertified submittals will be rejected.

E. Submittals shall be approved by the CO and/or COR prior to any work being performed or materials being delivered to the job site. The Contractor shall be responsible for all costs incurred and not subject to Government reimbursement on products/materials that were ordered or for any work that was performed if the submittals were rejected

F. The Contractor is responsible for timely submission of all submittals, which typically begins with in ten calendar days after award. The Government may not provide for contract period of performance extension requests if they

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14 | 66 are contractor delays in starting and continuing with the submittal process and it pushes the schedule and/or delivery dates out.

G. Once the submittals have been received, allow no more than 14 calendar days for the Government to review submittals, unless otherwise indicated elsewhere. The submittals may be marked on the CM-16 as “Approved”, “Approved with Notations”, or “Disapproved – Resubmit” for Action Submittals. Informational Submittals will be marked on the CM-16 as either “Accept” or “Reject”. A copy of the submittal will be provided through the same medium in which it was received from the CO and/or COR.

H. Contractor must provide correct submittals on their first attempt. If Submittals are marked “Disapproved- Resubmit” or “Reject” the Contractor has 3 business days to resubmit corrected submittals, unless another time frame is agreed to in writing.

1. The Government will then have an additional 14 calendar days to review corrected submittals, each time they require correction and resubmission.

2. Submittals that are marked “Disapproved-Resubmit” or “Reject” more than once shall not be grounds for the contractor to request a contract time extension.

I. If the Contractor repeatedly provides submittals that are either marked “Disapproved-Resubmit” or “Reject” on, or repeatedly does not correct or address ALL of the noted corrections, errors, etc. on “Disapproved-Resubmit” or “Reject” submittals will result in the contractor being marked with a lower Past Performance Rating in CPARS.

The Contractor must ensure that the submittals are correct on the first attempt as best as possible.

J. Review of submittals, and corrections or comments made during the review, does not relieve the Contractor from compliance with the requirements of this Contract.

C.19 HAZARDOUS MATERIAL IDENTIFICATION

Submit Safety Data Sheets (SDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. One electronic copy of each SDS shall be submitted to the COR/POC no later than the delivery date of the product.

C.20 PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

C.21 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

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It is expected that this individual shall be available on site for at least three (3) hours per workday. The site superintendent shall be responsible for on-site Quality Control and shall sign all contract submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

� Executed Contract � Contract Drawings � Contract Specifications � Quality Control Plan – (up to date) � As-Built Drawing – (up to date) if required � Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

C.22 BIOBASED AND SUSTAINABLE PRODUCTS

The contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that may be required in performance of this construction contract:

2-Cycle Engine Oils – 34% Minimum BioBased Content Asphalt Restorers – 68% Minimum BioBased Content Asphalt and Tar Removers – 80% Minimum BioBased Content Cleaning Tools – 22% Minimum BioBased Content Concrete Curing Agents – 59% Minimum BioBased Content Concrete Repair Materials – 23% Minimum BioBased Content Concrete and Asphalt Cleaners – 70% Minimum BioBased Content Concrete and Asphalt Release Fluids – 87% Minimum BioBased Content Corrosion Preventatives – 53% Minimum BioBased Content Diesel Fuel Additives – 90% Minimum BioBased Content Erosion Control Materials – 77% Minimum BioBased Content Exterior Paints and Coating – 83% Minimum BioBased Content Fuel Conditioners – 64% Minimum BioBased Content Greases – Truck – 71% Minimum BioBased Content Hand Cleaners and Sanitizers - Hand Sanitizers – 73% Minimum BioBased Content Inks – Printer Toner (Greater Than 25 Pages Per Minute) – 20% Minimum BioBased Content Inks – Printer Toner (Less Than 25 Pages Per Minute) – 34% Minimum BioBased Content Intermediates – Paint and Coating Components – 22% Minimum BioBased Content Mobile Equipment Hydraulic Fluids – 44% Minimum BioBased Content Mulch and Compost Materials – 95% Minimum BioBased Content

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Multipurpose Cleaners – 56% Minimum BioBased Content Multipurpose Lubricants – 88% Minimum BioBased Content Pneumatic Equipment Lubricants – 67% Minimum Biobased Content Wood and Concrete Sealers – Membrane Concrete Sealers – 11% Minimum Biobased Content Wood and Concrete Sealers – Penetrating Liquids – 79% Minimum Biobased Content Wood and Concrete Stains – 39% Minimum BioBased Content

C.23 DEFINITIONS (Not included in Federal Acquisition Regulations)

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Asphalt Restorers - Products designed to seal, protect, or restore poured asphalt and concrete surfaces.

Asphalt and Tar Removers - Cleaning agents designed to remove asphalt or tar from equipment, roads, or other surfaces.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Cleaning Tools - Objects that are used to clean a variety of surfaces or items and can be used multiple times. This category includes tools such as brushes, scrapers, abrasive pads, and gloves that are used for cleaning. The expendable materials used in cleaning, such as glass cleaners, single use wipes, and all-purpose cleaners, are excluded from this category as these materials better fit in other categories.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Concrete Curing Agents – Products that are designed to enhance and control the curing process of concrete.

Concrete Repair Materials – Products designed to repair cracks and other damage to concrete.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces.

Products within this item include only those marketed for use in commercial or residential construction or industrial applications

Concrete and Asphalt Release Fluids - Products that are designed to provide a lubricating barrier between the composite surface materials (e.g., concrete or asphalt) and the container (e.g., wood or metal forms, truck beds, roller surfaces).

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

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Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Corrosion Preventatives - Products designed to prevent the deterioration (corrosion) of metals.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Exterior Paints and Coatings – Liquid products that typically contain pigments to add color and are formulated for use on outdoor surfaces. When these products dry, they typically form a protective layer and provide a coat of color to the applied surface. This category includes paint and primers but excludes wood and concrete sealers and stains and specialty coatings such as roof coating, wastewater system coatings, and water tank coatings.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Hand Cleaners and Sanitizers - Hand Sanitizers - Products formulated for personal care use in removing bacteria from human hands with or without the use of water. Personal care products that are formulated for use in removing a variety of different soils, greases and similar substances and bacteria from human hands with or without the use of water are classified as hand sanitizers for the purposes of this rule.

Inks - Printer Toner (Greater Than 25 Pages Per Minute) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Inks that are a powdered chemical, used in photocopying machines and laser printers, which is transferred onto paper to form the printed image. These inks are formulated to be used in printers with advanced fusing mechanisms and print speeds of 25 ppm or greater.

Inks - Printer Toner (Less Than 25 Pages Per Minute) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Inks that are a

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18 | 66 powdered chemical, used in photocopying machines and laser printers, which is transferred onto paper to form the printed image. These inks are formulated to be used in printers with standard fusing mechanisms and print speeds of less than 25 ppm.

Intermediates – Paint and Coating Components - Ingredients used to formulate finished waterborne or solvent borne paint and coating products. Examples of Intermediates – Paint and Coating Components include binders, pigments, thickeners, curing agents, modifiers, humectants, open time additives, alkyd latex resins, polymers, polyols, reactive oligomers, or reactive diluents.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Mobile Equipment Hydraulic Fluids - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Multipurpose Cleaners - Products used to clean dirt, grease, and grime from a variety of items in both industrial and domestic settings. This designated item does not include products that are formulated for use as disinfectants.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Wood and Concrete Sealers – Membrane Concrete Sealers - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Concrete sealers that are formulated to form a protective layer on the surface of the substrate.

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Wood and Concrete Sealers – Penetrating Liquids - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Wood and concrete sealers that are formulated to penetrate the outer surface of the substrate.

Wood and Concrete Stains - Products that are designed to be applied as a finish for concrete and wood surfaces and that contain dyes or pigments to change the color without concealing the grain pattern or surface texture.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

C.24 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR shall be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(2) Requesting removal of unsuitable contractor employees;

(3) Ensuring adequacy of schedule and Quality Control Plan, including changes;

(4) Ordering re-performance of…