Sol_140P3024R0007.pdf
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- Attached to
- NACE - Folger Park Rehabilitation
- Solicitation number
- 140P3024R0007
About this file
This document is a solicitation for construction services for the National Capital Parks - East Folger Park Rehabilitation project. The National Park Service (NPS) plans to use an 8(a) program competitive set-aside to award a single Firm Fixed Price contract. The project involves removal and replacement of 19,870 square feet of asphalt walkways and 5,329 square feet of the central square with bluestone flagstone at Folger Park. The Period of Performance is 365 calendar days after issuance of the Notice to Proceed. The magnitude of the project is between $1,000,000 and $5,000,000. Offerors are required to submit a proposal by 09/06/2024. The government will provide the drawings, specifications, and wage determination as attachments. The contract will be administered by the NPS, NCR - Regional Contracting Acquisition Management Division located in Washington, DC.
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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 CALL
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
0040646660
NPS, NCR - Regional Contracting
Acquisition Management Division
1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001
PCR
Craig Madison 2029133810
245149 x 08/06/2024
140P3024R0007
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Attachment 1 - Final Drawings Stamped_030923
Attachment 2 - Final Specs NACE 245149 Folger Park 041624
Attachment 3 - WD DC20240001 8-2-2024
Attachment 4 - Biobased Certification
Attachment 5 - Subcontracting Percentage Worksheet
11. The Contractor shall begin performance within
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 Clause 52.211-10
09/06/2024
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. 12/2022)
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 THE UNITED STATES CODE AT
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 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
Dianna Durbin
28. NEGOTIATED AGREEMENT 29. AWARD
and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
10 U.S.C. 3204(a) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 12/2022) BACK
Continued...
and return
(Contractor is not required to sign this document.) Your offer on this
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 56
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P3024R0007
This is Request for Proposal 140P3024R0007 for construction services for the National Capital
Parks - East Folger Park Rehabilitation project.
The Government intends to use an 8(a) program competitive set-aside to make a Firm Fixed Price award to a single offeror who meets the requirements of the solicitation. The drawings, specifications, and wage determination DC20240001 are provided as separate attachments.
Delivery: 365 Days After Notice to Proceed
Delivery Location Code: 0009060793
NPS, Land Resources Program
1100 Ohio Dr SW
Washington DC 20242 US
Period of Performance: 09/21/2024 to 12/21/2025
00010 National Capital Parks - East Folger Park
Rehabilitation
Product/Service Code: Z2PZ
Product/Service Description: REPAIR OR ALTERATION
OF OTHER NON-BUILDING FACILITIES
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
CONTINUATION
SHEET
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PAGE OF
4 | 56
SECTION B – BID SCHEDULE
National Park Service – National Capital Area National Capital Parks – East
Folger Park, 3 D St SE, Washington, DC 20003
Offerors are required to completely fill out each line of the below Price Schedule and return it with their proposal.
Offerors are required to completely fill out the below Price Schedule and return it with their proposal.
BASE ITEM CLIN 00010 – NACE FOLGER PARK REHABILITATION
LINE
ITEM DESCRIPTION QUANTITY UNIT *AMOUNT
CLIN
00010 NACE Folger Park Rehabilitation 1 L.S.
*Amounts (All amounts shall be rounded to the nearest whole dollar).
The offeror shall field verify all required quantities, materials, equipment, labor, and ancillary services necessary to successfully perform and complete the work identified in this solicitation.
FAR 36.204 Disclosure of the magnitude of construction projects
The magnitude of this project is between $1,000,000 and $5,000,000,00.
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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
The National Park Service (NPS) - National Capital Area (NCA) - National Capital Parks - East (NACE) consists of 14 park sites, parkways and statuary covering more than 8,000 acres of historical, cultural, and recreational parklands from Capital Hill to the nearby Maryland suburbs. For more detailed and general information visit the park’s website at: National Capital Parks-East (U.S. National Park Service) (nps.gov)
C.2 PURPOSE
The DOI – NPS - NCA – NACE has a new construction requirement for a single contractor with experience in asphalt and flagstone work to provide construction services to rehabilitate the Folger Park sidewalks. This project includes removal and replacement in kind of 19,870 square feet of asphalt walkways and 5,329 square feet of the central square with blue stone flagstone. Work includes tree protection; demolition and disposal of existing asphalt walkways on concrete bases; replacement of asphalt walkways on concrete bases; demolition and disposal of remaining broken plaza flagstone; installation of new stone pavers on a concrete bases; removal, storage, and refurbishment of existing site furnishings including trash receptacles and park benches; fine regrading, topsoiling, and re-seeding impacted adjacent planting and turf areas; temporary fencing; and erosion and sediment control measures.
Rehabilitation of the Park will restore and preserve the historic park feature, provide at least 15 years of service before any major work will be required, and improve the visitor use experience.
The contractor shall provide for all labor, materials, supplies, equipment, transportation, supervision, ancillary services, and all other necessary items to complete this project, performing all work in complete compliance with this Statement of Work, and any plans, drawings, and specifications issued or directed through this solicitation and award in order to ensure quality workmanship. At a minimum, the supplies and materials shall be of a quality to conform to all applicable Federal specifications.
C.3 PERIOD OF PERFORMANCE / DELIVERY DATE
The Period of Performance and Delivery Date is completion within 365 calendar days after issuance of the Notice to Proceed.
https://www.nps.gov/nace/index.htm
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Documents Required before and for the Pre-Construction Meeting in which it is anticipated the Notice to Proceed will be issued shortly thereafter.
Document Description MAX No. of Pages
Due
1 Bid Guarantee N/A At Proposal Submission 2 Performance and Payment Bonds N/A 10 Days After Award 3 Certificate of Insurance N/A 10 Days After Award 4 SF 1413 for all Subcontractors 1 page each 10 Days After Award 5 Project Manager/Site Superintendent Designation
Letters N/A 14 Days Prior to Start of
Work 5 Materials and Product Data (Longest Leadtime
Items First) along with SDS sheets.
N/A 15 Days After Award & ongoing 7 Accident Prevention Plan N/A 18 Days After Award 8 Waste Management/Hazardous Material Plan N/A 20 Days After Award 9 Erosion Control Plan N/A 20 Days After Award 10 Construction Schedule N/A 20 Days After Award and
Updated At Least Monthly 11 Schedule of Values N/A 15 Days After Award 12 Daily Work Logs N/A Weekly 13 Certified Payrolls on WH-347 N/A Weekly 14 Biweekly Progress Meeting Minutes N/A 5 Calendar Days after
Meeting 15 Documentation of Testing Results N/A 20 Days After Testing has been Completed 16 Shop Drawings N/A With Final Invoice 17 Release of Claims DI-137 N/A With Final Invoice 18 Warranty Letter(s) N/A With Final Invoice
C.4 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.5 GOVERNMENT PROVIDED INFORMATION
• CM-16 Submittal Form
• Drawings
• Specifications
• Wage Determination
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, at no additional cost to the Government (if applicable) and scheduling all applicable inspections. All inspections must be signed off on by the COR 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 and specifications must be provided to COR, CS, and CO prior to submission of final invoice. Invoice will be rejected until the required documentation
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• 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 Capital Area (NCA) National Capital Parks – East Folger Park 3 D St SE Washington, DC 20003
Normal operational hours are from 6:30 am to 5:00 PM ET, Monday through Friday.
No work shall occur on weekends or 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
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 accident prevention 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
Except for 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.
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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 Occupational Safety and Health Standards
• 29 CFR 1926 – OSHA Construction Industry Regulations & Standards
General Requirements:
Compliance with Reference Manual 50B (RM-50B), NPS Occupational Safety and Health Program, Section 7.0 Contractor Safety: Contractor Safety program responsibilities shall be considered during the requirements development phase of the acquisition. The CO, COR, and other park staff consulted with John Adams, the certified Safety Officer, for guidance on RM 50B requirements. A comprehensive safety assessment was performed to assure any necessary requirements above and beyond existing federal or state safety and health codes are written into the contract specifications. The COR or park representative provided the name of the certified Safety Officer to the CO. The CO then consulted with the Safety Officer on contract clauses and special conditions. The CO shall ensure contractor compliance with all safety requirements throughout contract performance.
• 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.
• Smoking of any kind will not be permitted on premises. The COR/POC may authorize the use of a designated smoking area, if requested.
Safety Officer responsibilities include the following:
• Provide technical assistance to contracting officer, the contracting officer’s technical representative and project author in administration and enforcement of appropriate safety and health codes.
• Review all bidding packages, proposals and/or quotes to certify compliance with safety and health codes.
• Review all contractor-documented safety plans for completeness and competency.
• Attend safety meeting with contractor to review additional safety requirements before work begins.
• Conduct periodic formal and informal inspections of the worksite. Inspections can be both announced and unannounced.
Contracting Officer responsibilities include the following:
• Secure appropriate safety officer’s name on all bid packages prior to announcement, certifying all safety clauses (FAR, as well as special conditions), have been included.
• Seek participation of safety officer in pre-award meetings or briefings.
• Consider safety officer’s rating of all responsive bidders’, offerors and/or quoters documented safety plans in the award of contract.
• Meet with COR, safety officer and contractor to discuss work-site safety before authorizing work to begin.
• Transmit notices of unsafe or unhealthful conditions to contractor and ensure that corrective action is taken within established timeframe.
• Check to see all manufacturers’ specifications, operations manuals or other safety data has been provided to safety officer before certifying final payment.
• Receive certification of occupancy from safety officer before releasing contractor and facility for use.
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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) 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.
(2) Welding. Welding or use of cutting torches will 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 the COR/POC. The contractor must be present when any materials are delivered to ensure proper placement within the designated location. The Government will provide an adequate staging area as close to the construction site as practicable.
The Government will 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. Barbed wire nor razor wire is permitted to be used for security purposes for this requirement.
(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government.
(c) WATER, AND ELECTRICITY: Should water and electricity not be readily available, 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.
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.).
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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 test pitting at no additional cost to the Government. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.
C.15 CONSTRUCTION SCHEDULE
The Contractor shall submit for approval an initial practicable graphic construction schedule in PDF format at the preconstruction meeting as described in FAR 52.236-15 – 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 shall be replicated and associated with monetary values and titled Schedule of Values. The Schedule of Values shall be submitted to the COR and CO for review and approval at the preconstruction meeting. The Construction Schedule and Schedule of Values must include 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.
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C.16 ENVIRONMENTAL REGULATIONS
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by their subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to:
Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards;
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ);
Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);
Endangered Species Act, as amended (16 U.S.C. Sec 1531 ET SEQ);
Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ);
National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ);
Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ);
Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).
Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
C.17 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES
A. Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of terrain because of any Federal construction project.
B. The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, cultural, or archeological data the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location.
C. Immediately stop work if paleontological, archaeological, or historical remains (including burials or skeletal material) are encountered, until work is permitted to resume by written order from the CO. the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location. The CO and/or COR will notify the Regional Archaeologist, so the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work in other areas may proceed as approved by the CO.
D. Where appropriate by reason of discovery, the CO may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract which are incorporated by reference at the Task Order Level.
E. The Contractor must insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
C.18 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed.
If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.
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The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas.
Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize, or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation, or coating. Non-friable asbestos containing materials do not normally release airborne asbestos fiber during routine handling and end-use.
However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
C.19 HAZARDOUS MATERIAL IDENTIFICATION
Submit Safety Data Sheet (SDS)’s as required per 29 CFR 1910.1200 as amended. The contractor must provide one digital copy of each SDS for applicable hazardous chemicals used and/or provided in performance of any work under this contract.
C.20 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE
A. Contactor shall have a representative on site to receive material deliveries, and the contractor shall remain responsible for all material deliveries whether their representative is on site at the time of delivery or not.
B. Government-owned equipment is not available for Contractor’s use to accomplish any Work, and Government buildings and other facilities are not available for storage of Contractor’s materials, equipment, and tools.
C. Transport, handle, and store materials and equipment in accordance with the manufacturer’s written instructions, and in a secure manner.
D. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect liquids from freezing.
E. Promptly remove from the project site any materials or equipment that are damaged or are otherwise unsuitable.
F. Additional Permitting, fees, and coordination may be required working within the limits of Washington, DC.
Additional restrictions may be imposed due to unforeseen events or security threats in Washington, DC.
C.21 CONSTRUCTION QUALITY CONTROL PLAN
A. Designate in writing a single person to oversee and manage on-site quality control activities.
B. The Contractor is responsible for quality control of all project work including any sub-contracted work, and to submit thorough documentation that work fully complies with the construction documents and project permits.
C. Quality control processes include but are not limited to proactively:
1. Ensuring compliance with the construction documents and project permits.
2. Make vertical work plumb and make horizontal work level.
3. Managing specialty subcontractors.
4. Reviewing and processing samples, mock-ups, shop drawings and other construction submittals.
5. Ensuring that the workers have the appropriate expertise and proper equipment to perform the work.
6. Effectively utilizing third-party sampling & testing services (typically for earthwork gradation, compaction, concrete & asphalt testing, welding, pile driving and other specialty inspections).
7. Initialing timely reviews and corrective actions to substrates prior to proceeding with subsequent work.
8. Timely involvement of industry specialists such as manufacturer representatives.
9. Managing system commissioning.
10. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated, and maintain headroom clearance of 96” in occupied spaces and 90” in unoccupied spaces.
11. Training NPS personnel in system operation & maintenance.
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12. Timely involvement of local authorities having jurisdiction.
13. Load-Limits: Heavy equipment operated on NPS roads and parking areas shall comply with highway-legal load limits unless explicitly approved otherwise.
D. Field-verify all dimensions and conditions prior to performing the work. Notify the COR of any conflicts.
E. Improvements shall be constructed in accordance with the product manufacturer’s written instructions and standards.
F. Welding shall be performed by licensed welders and in compliance with American Welding Society recommended practices, structurally sound, and shall be neat in appearance.
G. Any work that must be performed by a licensed/certified technician (i.e. Electricians, Plumbers, HVAC
Technicians, etc.) shall be performed by state-licensed/certified technicians. The applicable state-license/certification must be from the State where the work is performed, not exceptions.
H. All, telecommunication (included telephone, data, radio, TV, similar) systems shall be installed and comply with current NPS Policy – if applicable.
C.22 DAMAGES
The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries, death, or damages to Property arising from all work activities of the Contractor.
If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this task order, the contractor shall be responsible for the same. The government, at its option, in lieu of repayment, may require the contractor to replace at his own expense, all property as directed by the Contracting Officer.
C.23 CONSTRUCTION/PROJECT MANAGER
The contractor shall provide a responsible Construction/Project Manager within 14 days prior to the start of work to represent the contractor in all matters pertaining to work under this contract. The Construction/Project Manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. The Construction/Project Manager must be available in person, by telephone, or radio to respond to any and all problems during normal working hours. The response from the Project Manager must be within 1 hours after receiving the notification and should be in the same means as the request. Written follow up notification (via email is acceptable) must be provided to COR/POC within 24 hours, which confirms response.
If during the term of this contract, the contractor changes or replaces the Construction/Project Manager, the contractor must notify the COR and CO in writing seven (7) working days prior to the proposed change, or as soon as possible if the departure was unplanned or unexpected.
C.24 SITE SUPERINTENDENT
The Contractor shall provide a responsible site superintendent within 14 days prior to the start of work 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 Construction/Project Manager.
The site superintendent must be onsite for at least three (3) hours per workday. When they are not on site, they must be available by telephone, radio or other means of communication in order to respond to any and all problems during normal working hours. The response from the Site Superintendent must be within 1 hour after receiving the notification and should be in the same means as the request.
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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.
A. Executed Contract B. Contract Drawings C. Contract Specifications D. Quality Control Plan – (up to date) E. As-Built Drawing – (up to date) if required F. Modifications
This file shall be maintained and available to the Contracting Officer upon request.
The proposed site superintendent must be included in response to the solicitation and must be the site superintendent responsible for the contract after award throughout performance. If during the term of this contract, the contractor changes or replaces the site superintendent, the contractor must notify the COR and CO in writing seven (7) working days prior to the proposed change, or as soon as possible if the departure was unplanned or unexpected.
C.25 ADDITIONAL REQUIREMENTS FOR CONTRACTOR AND PRODUCT INSTALLATION
The contractor is required to:
• Comply with applicable requirements of the following standards and with the most current federal and national codes (including amendments, changes, and updates), which include but are not limited to:. Where these standards conflict with other specified requirements, the most restrictive requirement shall govern.
o 2021 National Fire Protection Association (NFPA) Fire Code
• 2022 NFPA 12 – Standard on Carbon Dioxide Extinguishing Systems o Architectural Barriers Act (ABA) o 2021 International Building Code o American Concrete Institute (ACI) standards
• 302 Recommended Practice for Concrete Floor and Slab Construction
• 304 Measuring, Mixing, Transporting, and Placing Concrete.
• 305 Hot Weathering Concrete
• 316 Construction of Concrete Pavements and Concrete Bases.
o American Society for Testing and Materials (ASTM): C 94/94M Ready Mixed Concrete
• C 150 Portland Cement
• C 171 Sheet Materials for Curing Concrete
• ASTM D 8
• ASTM D 242
• ASTM D 692
• D 698 Moisture-Density Relations of Soils and Soil-Aggregate Moistures Using 5.5-lb. (2.5-kg)
Rammer and 12-in. (304.8-mm) Drop
• ASTM D 1073
• D 1752 Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and
Structural Construction
• ASTM D 3515
• ASTM D 3666
• ASTM D 3910
• ASTM E1155 SOFf 35 SOFl 25 o Architectural Barriers Act (ABA):
o Portland Cement Association (PCA):
• Ref. 1 Finishing Concrete Surfaces Exposed Aggregate Finishes for Slabs.
o District of Columbia Department of Transportation (DCDOT): Specifications Standard Specifications for
Highways and Structures Division 400.
o AI MS-22, "Construction of Hot Mix Asphalt Pavements,"
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o FS TT-P-115, Type I or AASHTO M 248, Type N o FS TT-P-1952 o AASHTO M 247, Type 1
• All local and state requirements, which may include inspections and licensing requirements for specific trades.
• 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.
• Adhere to specific NPS site/location requirements that are operate under additional guidance and regulations specific to a NPS Location in addition to the Federal Acquisition Regulations and other Federal Regulations.
These include but are not limited to:
o Superintendent’s Compendium’s - which supplement Title 36 of the Code of Federal Regulations and other US Code and CFR Titles that apply to areas managed by the National Park Service with park-specific regulations related to park management. Check each Park Service Website and indicated above in Section C.10 to locate Superintendent’s Compendium if not stated.
o Directors Orders - Director's Orders and Related Documents/NPS Office of Policy – which can have an impact on work performed.
• Provide and install equipment, systems, etc. per manufacturer’s installation guidance.
C.26 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, Accident Prevention 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 are contractor delays in starting and continuing with the submittal process and it pushes the schedule and/or delivery dates out.
https://npspolicy.nps.gov/DOrders.cfm
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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 more than 3 submittals, 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.27 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 m a y b e 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 - Concrete Materials – 23% Minimum BioBased Content
• Concrete Repair Materials – Concrete Patching – 69% Minimum BioBased Content
• Concrete and Asphalt Cleaners – 70% Minimum BioBased Content
• Concrete and Asphalt Release Fluids – 87% Minimum BioBased Content
• Diesel Fuel Additives – 90% Minimum BioBased Content
• Dust Suppressants – 85% Minimum BioBased Content
• Erosion Control Materials – 77% Minimum BioBased Content
• Exterior Paints and Coatings – 83% Minimum BioBased Content
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• Fuel Conditioners – 64% Minimum BioBased Content
• Gasoline Fuel Additives – 92% Minimum BioBased Content
• Greases – Multipurpose– 72% 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
• Metal Cleaners and Corrosion Removers - Corrosion Removers – 71% Minimum BioBased Content
• Mulch and Compost Materials – 95% Minimum BioBased Content
• Multipurpose Cleaners – 56% Minimum BioBased Content
• Multipurpose Lubricants – 88% Minimum BioBased Content
• Pneumatic Equipment Lubricants – 67% Minimum BioBased Content
• Surface Guards, Molding, and Trim – 26% 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
For more information including definition of terms with regard to the Department of Agriculture Biobased Program go to:
https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml
C.28 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT
ADMINISTRATION
Contracting Officer: The Contracting Officer…
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