Removal of Emergency Levees, Centennial School, Fargo, ND

Synopsis/Solicitation: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Solicitation No. W912ES-09-T-0077 is being issued as a Request For Quote (RFQ) with the intent to award as a simplified acquisition. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. This procurement is 100% set-aside for HUBZones located in the Counties in North Dakota included in the emergency declaration under the Stafford Act, Declaration number FEMA-1830DR. Quotes will not be accepted from firms in other counties or states. The NAICS Code for this procurement is 562111 (SIC 4953) with a size standard of $12.5M. The U.S. Army Corps of Engineers (USACE), St Paul District has a requirement for the removal of emergency levees placed for the protection of the Centennial Elementary School in Fargo, ND following the 2009 flooding event. It is estimated there are 6,200 cubic yards of clay to be removed from the existing levee. The 6,200 cubic yards figure is only an estimate and potential offerors are strongly encouraged to inspect the levee structure site location, stockpile site and disposal site, prior to providing a quote, to become familiar with the conditions and requirements associated with the removal and cleanup of the temporary clay and its stockpiling on the site and disposal at the I-29 and 64th Avenue South borrow pit and determine their own estimate for all clean up and quote accordingly. AWARD WILL BE A FIRM-FIXED-PRICE LUMP SUM FOR ALL WORK REQUIRED TO REMOVE AND DISPOSE OF THE CLAY PLACED ON THE LEVEE LOCATED AT THE CENTENNIAL ELEMENTARY SCHOOL AND DESIGNATED IN THE MAPS SUPPLIED. THESE MAPS ARE INCLUDED AS ATTACHMENTS TO THIS SOLICITATION AND ARE AVAILABLE TO ALL INTERESTED PARTIES PRIOR TO SUBMISSION OF QUOTES. YOUR QUOTED PRICE SHALL INCLUDE ALL TIPPING FEES, WEIGHING COSTS, AND ANY OTHER COSTS ASSOCIATED WITH DISPOSAL OF REMOVED MATERIAL. This procurement may be bid as follows: ITEM NO 00001 SUPPLY/SERVICE Emergency Levee Removal,Fargo School District No. 1,Centennial Elementary School QTY 1 UNIT Lump Sum UNIT PRICE __________ TOTAL PRICE ____________ SCOPE OF WORK 1. General. The work of this contract consists of providing all labor, equipment and materials necessary for the removal and proper disposal of emergency clay levees constructed during the spring 2009 flood fight in Cass County, ND at the Fargo School District #1, Centennial Elementary School as shown in Attachment 1. The contracting officer for this project is James Roloff at the U.S. Army Corps of Engineers, Saint Paul District office. His phone number is +1 (555) 000-0000. Any changes or amendments or modifications to the contract must be approved in writing by the contracting officer. 2. Location of Work. Clay material placed on top of the existing permanent levee at the Fargo Centennial Elementary School beginning at the northwest corner of the school property near 40th Avenue South, and continuing south and then east along approximately 2,200 lineal feet of the permanent levee to a point just west of 25th Street South. A small amount of temporary clay material was also placed on pre-existing ground to extend the length of the permanent levee for a short distance at each of its ends near 40th Avenue South and 25th Street South. Specific removal locations are as shown in Attachment 1. 3. Emergency Levee Removal. Removals shall be limited to the materials placed during the 2009 flood fight. At the Centennial Elementary School in Fargo the levee is a pre-existing permanent levee. Additional clay material was added to raise the height of this levee by 2 to 3 feet and to extend its length for a short distance at each end during the flood fight. The contractor will remove these temporary clay materials down to the pre-existing permanent levee grass surface along the entire length of the levee and down to the pre-existing ground level for the levee extensions at each end. This interface will be readily identified as the pre-existing layer of grass (now dead) that was not removed prior to placement of the temporary clay material. The contractor will exercise care not to remove the topsoil underlying this layer of dead grass. Clay shall be disposed of as described in paragraphs 4 and 5, below. To assist the contractor the topography of the pre-existing permanent levee is shown in Attachment 2 (Centennial School Dike - Grading and Underground Utilities Plan_31July97.pdf), while recent topography of the temporary 2009 clay levee is shown in Attachment 3 (Centennial School Topographic Survey_25Jun09.pdf). The contractor shall be responsible for determining their own removal quantities to be used in bidding. The contractor is required to conduct and schedule work operations to minimize impact to the adjacent property owners. The contractor shall exercise caution and not cause further damage to property by utilizing appropriate low earth pressure equipment to eliminate such damage. The contractor will exercise caution and care to not damage pre-existing retaining walls, storm drainage features and underground utilities that may be covered by the temporary clay materials. Attachment 2 provides the July 31, 1997 "Grading and Underground Utilities Plan" for the Centennial School to assist the contractor in avoiding damage to these areas. The contractor will be responsible for restoring any areas damaged by operations under this contract as well as filling holes and depressions adjacent to the levees, which occurred as a result of the placement of the emergency levees, with readily available material (temporary levee fill, clay, dirt, sand, etc). The contractor shall ensure the site is left in a state to minimize hazards to the public. The contractor will not be required to reestablish topsoil and turf. No work will be permitted when the levee or work site is wet or when it is raining, as determined by the COR. 4. Mandatory Material Placement Locations. The temporary clay material removed from the permanent levee shall first be stockpiled on the soccer field near the northwest corner of the school property (see Attachment 1) until an estimated volume of 2,600 cubic yards (CY), as verified by the COR or designated representative, has been stockpiled. This material will later be used for modifications to the permanent levee under a separate contract by the School District, following completion of this contract. Clay material removed that is excess to the stockpile need will be disposed of at the City of Fargo borrow pit at I-29 and 64th Avenue South, as shown in Attachment 1. 5. Disposal Area Placement Requirements. The clay material stockpiled at the school soccer field shall be placed in 24 inch layers and graded to drain. There is no compaction or testing requirement for placement of this clay stockpile. There is also no requirement for stripping back sod and topsoil, prior to placement of the stockpile, as this was the site of a former borrow pit used in the 2009 flood fight in Fargo that was restored, except for topsoil and seeding. The School District intends to restore the topsoil and grass in this area as a part of their separate contract to modify the permanent levee, following completion of this contract. Excess clay material disposed of at the City of Fargo borrow pit at I-29 and 64th Avenue South shall be placed in 24 inch layers to fill the borrow pit uniformly to the extent possible with the volume of excess clay material available from the Centennial Elementary School site. There is no compaction or testing requirement for placement of clay in this borrow pit. Prior to the placement of fill in this borrow pit, any existing water in the pit shall be pumped out. 6. Erosion and Sediment Controls. The contractor shall be responsible for providing erosion and sediment control measures in accordance with federal, state, and local laws and regulations. The contractor is also responsible for obtaining and complying with any required permits. The erosion and sediment controls selected and maintained by the contractor shall be such that water quality standards are not violated as a result of the contractor's activities. The contractor shall implement temporary erosion and sediment control best management practices (BMPs). BMPs may include, but not be limited to, silt fences, sediment traps, and inlet and outfall protection. The contractor shall implement satisfactory BMPs (e.g. hay bales, etc) where water is pumped from the borrow pit to contain any sediments that may be pumped from the pit. The contractor will ensure that the pumped water does discharge directly into a water of the U.S. or into a storm drain, etc. 7. Clean-up / Restoration. The contractor shall be responsible for clean-up of all work areas, including but not limited to curb to curb surface cleaning, sweeping of sidewalks, and raking of boulevards. The sites shall be left in a state that minimizes hazard to the public. Any dirt or mud which is tracked onto paved roadways shall be cleaned. 8. Site Inspection. Maps of the location of the Centennial Elementary School permanent levee structure, stockpile site and excess clay materials disposal site are included in the Solicitation document under Attachment 1. Each prospective contractor should inspect the levee structure site location, stockpile site and disposal site, prior to providing a quote, to become familiar with the conditions and requirements associated with the removal and cleanup of the temporary clay and its stockpiling on the site and disposal at the I-29 and 64th Avenue South borrow pit. Unfamiliarity with the levee, the site, access restrictions or stockpiling and disposal requirements will not be cause for a change to the contract price or schedule. The estimated measurements and/or quantities on the attached maps are for reference only. The contractor has the sole responsibility of verifying measurements and quantity estimates prior to submitting a quote or offer. 9. Work Schedule. The contractor shall commence mobilization immediately upon issuance of purchase order and notice to proceed. The contractor will perform in accordance with the purchase order in all designated work areas established therein. The contractor will provide a sufficient number of crews to commence temporary levee removal operations within 48 hours of issuance of purchase order and notice to proceed. The contractor shall work 12 hours per day during daylight hours only, seven days per week. The contractor shall assign adequate resources to complete all work under the contract within 7 calendar days after receiving the Notice to Proceed. 10. Meetings. After a purchase order has been issued, the contractor shall attend a pre-work conference with the COR at the U.S. Army Corps of Engineers office in Fargo, ND within 24 hours of issuance of the purchase order and notice to proceed. The purpose of this meeting is to discuss work hours, schedule, safety, scope of work, and to review other contract requirements. 11. Equipment. All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Frameless dump trailers are not acceptable. Truck loading shall comply with state, local, and Department of Transportation rules and regulations including weight limitations and the covering of truckloads. Trucks shall travel on truck routes when traveling through the city limits. The contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. When haul operations or other conditions created by the contractor's operations result in interference or hazard to traffic on streets and highways, the contractor shall erect warning signs and provide flagging services as necessary for traffic control to safeguard the public. The cost of flagging service, signage, or other traffic control facilities required shall be borne by the contractor. Prior to commencing removal operations, the contractor shall present all trucks and/or trailers that will be used for hauling to the Government's representative for the purpose of determining hauling capacity. Tare weight will be recorded and marked on a sign on each truck or trailer. Each truck or trailer will also be numbered for identification. The signs shall contain the following information: Company Name, Truck Number, Tare Weight, Inspected by, and Date. 12. Reporting. The contractor shall submit a Daily Operational Report to the COR by 8:00 a.m. (0800) each day for the previous days work during the term of the contract. Each report shall contain, at a minimum, the following information: contractor's name, contract number, number of removal crews, location of removal, and percent of the total work identified in the purchase order completed. 13. Other Considerations. The contractor shall assign and provide an Operations Manager (OM) to serve as the principal liaison with the Corps of Engineers contracting officer or his/her designated representative. The assigned OM must be knowledgeable of all facets of the contractor's operations and have authority in writing to act on behalf of the contractor. The OM shall be on call 24 hours per day, seven days per week. The contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the contractor's personnel and equipment is the responsibility of the contractor. Additionally, the contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. The contractor must be duly licensed to perform the work in accordance with applicable federal, state, or local statutory or regulatory requirements. The contractor shall determine what permits are necessary and obtain those permits required to complete the work at his cost. Copies of all permits shall be submitted to the COR. The contractor shall be responsible for correcting, at his or her sole expense, any violations of federal, state, or local laws or regulations resulting from the actions of the contractor or his subcontractors, including, but not limited to, violations related to environmental, safety, or occupational health requirements. 14. Other Contracts. The contractor shall coordinate with other contractors working the area in the performance of the work and schedule such work to provide a minimum of delays and interference and shall inform the contracting officer's representative of all coordination. 15. Measurement and Payment. Each reach is identified by a separate bid item and will be paid under that bid item. The work of this contract will not be measured for separate payment and each bid item will be performed on a lump sum basis. 16. Quality Control. The contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of written plans and procedures and the necessary organization to meet the contract requirements. The system shall cover all removal operations. Within 24 hours of the issuance of the purchase order and notice to proceed, the contractor shall submit a Quality Control Plan that establishes and maintains an effective quality control system and identifies an operations manager to serve as principal liaison with the Corps of Engineers contracting officer or the designated representative. 17. Safety. The contractor shall perform all work in accordance with the 15 Sep 08 edition of EM 385-1-1. 2. An Accident Prevention Plan that fully complies with USACE EM 385-1-1 must be submitted within 24 hours of issuance of the purchase order and notice to proceed. No work may be started before acceptance of the plan. 18. Submittals. Provide a listing of resources, equipment and personnel, to perform the work. Provide a plan which addresses equipment, methods and haul routes. ATTACHMENTS: 1. DisposalSitesLocationMaps-Pics.pdf. 2. DikeGradingandUndergroundUtilities.pdf. 3. CentennialSchoolTopographicSurvey.pdf EVALUATION AND SELECTION PROCEDURES: FAR Clause 52.212-1 Instructions to Offerors--Commercial Items (JUN 2008) applies to this acquisition. All quotes submitted will be evaluated for technical capability. The government will issue purchase orders to the supplier whose quote is the lowest priced of those determined to meet at least the minimum requirements for capability to perform. Significant factors that will affect contract award are listed below: a. Operations - The Contractor shall provide sufficient documentation of experienced management (especially the qualifications of the Operations Manager), sufficient number of personnel and equipment to demonstrate that they have the capability to perform the required work in the time required. b. Company Experience - In order to be determined to be technically acceptable, the offeror must demonstrate that it possesses a minimum of 3 years experience on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. c. Past Performance - In order to be determined to be acceptable, the offeror must demonstrate that its firm has had acceptable performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The lack of past performance information will not be evaluated favorably or unfavorably for this factor provided the prospective contractor certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available. Prospective contractors must include with their quote all information required by the Evaluation and Selection Procedures above, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items with this offer. The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil or http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html: FAR 52.212-1 Instructions to Offerors Commercial Items; FAR 52.212-4 Contract Terms and Conditions--Commercial Items; FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items and the following clauses cited within that clause: FAR 52.219-3 Notice of Total HUBZone Set-aside; FAR 52.219-8 Utilization of Small Business Concerns; FAR 52-219-14 Limitations on Subcontracting; FAR 52.222-3 Convict Labor; FAR 52.222-19 Child Labor; FAR 52.222-21 Prohibition of Segregated Facilities; FAR 52.222-26 Equal Opportunity; FAR 52.222-35 Equal Opportunity of Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans; FAR 52.222-36 Affirmative Action for Workers with Disabilities; FAR 52.222-37 Employment Reports on Disabled Veterans; FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees; FAR 52.222-41 Service Contract Act of 1965; FAR 52.222-42 Statement of Equivalent Rates for Federal Hires; 52.226-4 Notice of Disaster or Emergency Area Set-Aside; FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area; FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration. FAR 52.215-5 Facsimile Proposals; DFARS 252.204-7001 7004 Alt A, Central Contractor Registration; DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country; DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; DFARS 252.232-7010 Levies on Contract Payments; DFARS 252.247-7023, Transportation of Supplies by Sea. Department of Labor Wage Determination number North Dakota 05-2407 (Rev.8) is applicable to this acquisition. Copies may be obtained at www.wdol.gov or by contacting the Contract Specialist listed below. The following clause is provided in full text and is applicable to this acquisition: Note: Prospective contractors must check the appropriate block in the clause 52.226-3. 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) (a) Set-aside area. The area covered in this contract is the counties included in the FEMA-1829 DR Disaster Declaration for the state of North Dakota. (b) Representations. The offeror represents that it ( ) does ( ) does not reside or primarily do business in the set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months- (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include- (1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established; (2) Current state licenses; (3) Record of past work in the set-aside area(s) (e.g., how much and for how long); (4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area; (5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area; (6) Number of permanent employees the offeror employs in the set-aside area; (7) Membership in local and state organizations in the set-aside area; and (8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements. (e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. (End of provision) If you are not registered in the CCR, an award may be made to your company; however, you will be required to register as soon as possible following award, and registration expedites payment. You may register electronically at http://www.ccr.gov Registering electronically will expedite the registration process acquisition. Quotes are due 14 August 2009 not later than 12:00 Noon at the US ARMY CORPS OF ENGINEERS, St. Paul District, Contracting Division, 190 Fifth Street, ATTN: Lee L. Wright. Quotes may also be emailed to contact@example.gov or faxed to Lee Wright at +1 (555) 000-0000. For information concerning this solicitation contact Lee Wright at +1 (555) 000-0000 or email to contact@example.gov Contracting Office Address: US Army Engineer, St. Paul District, Contracting Division CEMVP-CT 190 East Fifth Street St. Paul, MN 55101-1638 Point of Contact(s): Lee L. Wright, +1 (555) 000-0000