Paving_IFB.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G519B0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 29, 2019

PAGE OF PAGES

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Attn: Contracting Office

180 Andrews Street

Massena, New York 13662

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Contracting Office

180 Andrews Street

Massena, New York 13662

9. FOR INFORMATION

CALL: ► A. NAME

Patricia White

Contracting Officer

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

315-764-3236 e-mail – Patricia.White@sls.dot.gov

SOLICITATION

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

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

Furnish all plant, labor, equipment, and materials, and perform all work for removing existing pavements, sub-base/grade, and for placing a road stabilization fabric, crusher-run stone base and dense binder and top course pavements at Eisenhower Lock located in Massena, New York. The work also includes removing and replacing base materials with crusher-run stone.

NOTE: PROSPECTIVE CONTRACTORS ARE REQUIRED TO REGISTER IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) DATABASE AT www.sam.gov PRIOR TO AWARD OF A

CONTRACT. THIS IS A TOTAL SMALL BUSINESS SET-ASIDE PROCUREMENT, THE

APPLICABLE NAICS CODE IS 238990 AND THE SIZE STANDARD IS $15,000,000.00.

11. The Contractor shall begin performance within 10 calendar days after receiving the notice to proceed and complete by October 15, 2019 This performance period is mandatory, negotiable. (See Section F, Page 14 of 35.)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 11:00am (hour) local time 08/28/19(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.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442

mailto:Patricia.White@sls.dot.gov http://www.sam.gov/

OFFER (Must be fully completed by offeror)

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

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.)

AMOUNTS ►

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(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

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

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

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Finance Office

PO Box 520

Massena, New York 13662

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _________ copies to issuing office.) 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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31C. DATE

STANDARD FORM 1442 BACK

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM – TABLE OF CONTENTS 1 – 3

B SUPPLIES OR SERVICES AND PRICES/COSTS 4 – 5

C DESCRIPTION/SPECS/WORK STATEMENT 6 – 10

D PACKAGING AND MARKING 11

E INSPECTION AND ACCEPTANCE 12

F DELIVERIES OR PERFORMANCE 13

G CONTRACT ADMINISTRATION DATA 14 – 16

H SPECIAL CONTRACT REQUIREMENTS 17

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 18 – 24

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 25

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 26 – 32

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 33 – 35

M EVALUATION OFFERS FOR AWARD 36

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Furnish all plant, labor, equipment and materials and perform all work as described in the contract documents for:

Item

No. Schedule of Supplies/Services Quantity Unit Unit Price Total

1 BASIC REQUIREMENT – (ITEM 1)

Removing the existing pavement and sub-base for placing a road stabilization fabric, a minimum of twelve (12) inches of crusher-run stone base, two and one-half (2.5) inches of dense binder, and overlaying the dense binder with one and one-half (1.5) inches of top course to provide positive drainage along the driveway of the Visitors’ Center as shown on the contract drawing.

For The

Job L.S. $________ $________

2 OPTIONAL REQUIREMENT (ITEM 2)

Remove the existing pavement and sub-base for placing a road stabilization fabric, a minimum of twelve (12) inches of crusher-run stone base, two and one-half (2.5) inches of dense binder, and overlaying the dense binder with one and one-half (1.5) inches of top course to provide positive drainage at the work wall on the south side of Eisenhower

Lock and within the parking lot of Visitors’

Center as shown on contract drawing.

For The

Job L.S. $________ $________

3 OPTIONAL REQUIREMENT (ITEM 3)

Remove the existing pavement and sub-base for placing a road stabilization fabric, a minimum of twelve (12) inches of crusher-run stone base, two and one-half (2.5) inches of dense binder, and overlaying the dense binder with one and one-half (1.5) inches of top course to provide positive drainage at the work wall on the north side of Eisenhower

Lock and within the bid as shown on contract drawing.

For The

Job L.S. $________ $________

4 OPTIONAL REQUIREMENT (ITEM 4)

Remove the existing pavement and sub-base for placing a road stabilization fabric, a minimum of twelve (12) inches of crusher-run stone base, two and one-half (2.5) inches of dense binder, and overlaying the dense binder with one and one-half (1.5) inches of top course to provide positive drainage at the upstream approach wall on the north side of

Eisenhower Lock and within the bid as shown on contract drawing.

For The

Job L.S. $________ $________

TOTAL $________

Bid Instructions:

Bidders must complete all items for the Basic and Optional Requirements. The Corporation reserves the right to make award for only the Basic Requirement (Item No. 1) or for the Basic Requirement (Item No. 1) and any combination, or none, of the Optional Requirements (Items Nos. 2, 3 and 4) as funding permits.

Bidder Signature ____________________________________

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SPECIAL PROVISIONS

C.1. DESCRIPTION OF WORK.

The work covered by this scope consists of furnishing all plant, labor, equipment, and materials, and performing all work for removing existing pavements, placing a road stabilization fabric, crusher-run stone base and dense binder and top course pavements at the Eisenhower Lock operated by the Saint Lawrence Seaway Development

Corporation (SLSDC or Corporation).

C.2. CONTRACT DRAWINGS AND SPECIFICATIONS.

Electronic copies of the contract drawing and specifications will be furnished to the Contractor without charge.

The work shall conform to the following contract drawing and specifications.

CONTRACT DRAWINGS

TITLE DRAWING NUMBER

Eisenhower Lock - Site Plan SLS-326-295/1

Eisenhower Lock – Visitor Center Parking Lot & Access Road SLS-326-295/2

Eisenhower Lock – North Side Working Wall

& Usptream Approach Wall SLS-326-295/3

TECHNICAL SPECIFICATIONS

TITLE SPECIFICATION NUMBER

Earthwork 02200

Gravel and Crush Stone Base and Subbase Course 02505

Hot-Mixed Asphalt Paving 02511

C.3. WORK SITE REQUIREMENTS.

a. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, uncertainties of weather or similar physical conditions at the site, the conformation and conditions of the ground and structures, and the character of equipment and facilities needed preliminary to and during performance of the work. The Contractor further acknowledges that he/she has satisfied himself/herself as to the character, quality and quantity of surface and subsurface materials or interference from existing structures or related facilities to be encountered insofar as this information is reasonably ascertainable from an inspection of the site as well as from information presented by the contract drawings and these specifications. If the Contractor fails to properly acquaint himself/herself with the available information and existing work site conditions, he/she will not be relieved from responsibility for properly estimating the cost of successfully performing the work. The Contractor shall be responsible for performing all work in strict accordance with applicable Occupational Safety and Health

Administration (OSHA) Regulations.

b. Utilities. The Contractor shall be responsible for providing and maintaining at his/her own expense, any utilities required for the performance of the work.

c. Potable Water. Any potable water required shall be provided by the Contractor at his/her own expense.

d. Sanitation. The Contractor shall provide chemical toilets within his/her work areas, which shall comply fully with the New York State Department of Health Standards. The capacity of the toilet facilities shall be sufficient to provide for the needs of the Contractor’s people and all waste material from the toilets shall be disposed of away from the site. The Contractor shall be responsible for keeping his/her work areas clean of refuse of any kind and shall dispose of all refuse offsite.

e. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the Contracting Officer's Technical Representative (COTR). Vehicles required to transport equipment and materials to and/or from the work site shall not be parked at the work site for long periods of time without prior approval of the COTR.

f. Work Areas. The work areas required by this contract includes the paved areas north of and adjacent to the upstream guide wall and chamber work wall at Eisenhower Lock, and on the south side of Eisenhower

Lock from NYS Route 131 to the Visitors’ Center parking lot and other pavement areas in the vicinity of the

Visitors’ Center. Refer to the Contract Drawings for specific work locations. The Contractor is responsible for verifying or obtaining all dimensions of the work areas.

g. Restricted Areas. The Contractor will be required to confine his/her operations to the work areas, as designated in the previous subparagraph. The access roads, parking areas and Corporation buildings shall be kept free of the Contractor’s personnel, materials and equipment. When necessary for the Contractor’s personnel, materials, or equipment to occupy these restricted areas, the Contractor shall notify the COTR to coordinate this with Corporation’s Operations. The Contractor’s personnel must stay clear of and must not drive vehicles or equipment over equipment recess covers and gratings located on the lock walls because they are not designed for these loads. Additionally, no work shall be performed on the south side (Visitors’ Center area from September

23, 2019 through September 27, 2019.

h. Existing Conditions and/or Existing Features. The paved areas are traveled by Corporation personnel and genral public visitors to the Visitors’ Center. These areas must be maintained in a passable state as much as is practicable during the project. Additionally, the Contractor will conduct certain activities at lock wall work areas while navigation activities are ongoing. A significant portion of equipment placement and paving will take place within the Yellow Line Work Zone. Due to potential conflicts with other construction and maintenance activities, volume of ship traffic and safety concerns with Corporation line handling personnel in a congested work area, work on the lock wall by the Contractor or the Contractor’s subcontractor(s) will be restricted in accordance with the following special conditions:

• The Contractor shall coordinate all work activities on or near the lock wall with the COR on a daily basis. The shipping schedule is typically available no more than 12 hours in advance at any time.

The shipping schedule may also change at any time without prior notice.

• It is understood that this work is subject to suspension at any time by the Corporation if the Corporation determines that continuance of work on or near the lock wall during the navigation season is not safe and/or adversely impacts Corporation operations.

• At any time, upon notification from the Corporation, the Contractor shall immediately pull back all equipment and personnel to be outside of the Yellow Line Work Zone and cease all operations on or near the lock wall until the Corporation deems that work may resume.

• The location of equipment and workers shall be as depicted on an approved Contractor submittal.

• Work shall be confined to designated activities agreed between the Contractor and the Corporation.

• All water/material resulting from work operations shall be collected and contained and not allowed to form ice on the wall, create a slipping hazard and/or create hazardous waste in any way.

• The Contractor must comply with ALL of the above conditions, and if the Corporation determines that any of these conditions are violated, the Contractor will be required to desist operations on or near the lock wall until the discrepancies can be resolved.

• The Corporation assumes no liability for any costs the Contractor may incur for mobilization, standby time or other potential damages related to work on or near the lock wall as a result of conflicts with navigation scheduling and/or operations.

• Work to be done on the wall within the five-foot Red Line Work Zone will be performed in accordance with Corporation operating procedures.

The Contractor shall install barriers around and/or clearly mark areas that would present hazards to people walking or driving in those areas, as approved by the COTR. The Contractor must notify the COTR prior to any excavation taking place. The Contractor is responsible for obtaining all necessary dig permits. The Contractor shall take care in removing the pavement to minimize disturbing the subgrade in areas known or believed to contain underground utilities. Any buried utilities that will be impacted by the Contractor's work shall be located by hand digging so as not to damage them. Any existing structures to include but not be limited to, gratings, capstans lightpoles and buried utility damaged by the Contractor shall be repaired at his/her expense.

C.4. LAYOUT OF WORK.

The Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, range markers, or other guides as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades as may be established or indicated by the COTR or contract drawing. It shall be the responsibility of the Contractor to maintain and preserve all controls established until authorized to remove them.

C.5. CONTRACTOR-FURNISHED MATERIALS.

The Contractor shall furnish all equipment and materials for the satisfactory completion of this contract. All materials furnished by the Contractor shall be of the type and quality described in the Technical Provisions.

C.6. ENVIRONMENT PROTECTION.

a. General. For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and the enhancement of the natural appearance in its final condition. Environment protection requires consideration of air, water, and land and involves noise, solid waste management, and management of radiant energy, as well as other pollutants.

The Contractor and his/her subcontractors shall investigate and comply with all Federal, State, and Local laws and regulations concerning environmental pollution control and abatement. Any non-compliance shall be immediately notified to the COTR and immediately corrected.

b. Notification. The Contracting Officer will notify the Contractor of any noncompliance detected by the

Corporation with the aforementioned Federal, State or Local laws or regulations. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. The Contractor shall , after receipt of such notice, immediately inform the COTR of the proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor.

c. Protection of Land Resources. The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his/her construction activities to areas defined by the plans and specifications.

d. Protection of Water Resources. The Contractor shall not pollute protected waters with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, or other harmful materials. The Contractor shall identify and comply with all applicable Federal, State and Local laws and regulations concerning pollution of protected waters.

C.7. SITE VISIT.

Prospective bidders are expected to visit the work site prior to entering a bid to determine the extent of work required. Failure to do so will not relieve the successful bidder of the responsibility for the completion of the intended work. A site visit will be conducted at 10:00 a.m., Wednesday August 14, 2019 and Tuesday August

20, 2019. Arrangements must be made with the Office of Engineering and Maintenance, Phone 315-764-3256

(no collect calls). Any expenses involved in site inspection visit will be borne by the bidder. All personnel visiting site must provide and wear personal protective equipment (PPE) to include safety toed boots, safety glasses and hard hat.

C.8. PLANT.

The Contractor will furnish all plant to meet the requirements of the work. The Contractor-furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work. The plant shall be subject to the inspection of the COTR at all times. The Contractor shall indicate the minimum plant, which he/she agrees to place on the job in the "Statement of Plant", in Section K.2. The listing of such equipment is not to be construed as an agreement on the part of the Corporation that the equipment is adequate for the performance of the work.

C.9. DISPOSAL OF SPOIL.

The Corporation will allow the Contractor to spoil excavated materials including old asphalt pavement and base materials on Corporation property at Eisenhower Lock in an area designated by the COTR. The Contractor must provide a written estimate to the COTR of quantity and type of materials approved to be spoiled on Corporation property. All other waste materials to be spoiled in the prosecution of the work will be removed from the work site by the Contractor and disposed of at his/her own expense in strict accordance with Federal, State, County, and Municipal regulations.

C.10. DISPOSAL BY BURNING.

Burning will not be permitted.

C.11. USE OF EXPLOSIVES.

Blasting will not be permitted.

C.12. SAFETY.

The Williams-Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in 29 CFR

1926/1910, where applicable, shall govern this contract.

C.13. WAGE RATES.

a. In accordance with the requirements of Clause (a), Construction Wage Requirements, (40 U.S.C. 276 a-7), see Part II, Section I, General Provisions, Clause 52.222-6 of this contract, the minimum wages to be paid to laborers and mechanics on this project, as most recently determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth in Attachment I. The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

b. Any class of laborers and mechanics not listed in Attachment I, which will be employed on this contract shall be classified or reclassified conformably in Attachment I, by mutual agreement between the Contractor and the class of labor concerned, subject to the prior approval of the Contracting Officer. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the

Secretary of Labor for final determination.

TECHNICAL PROVISIONS

C.14. SUBMITTALS.

a. The Contractor shall submit for approval all submittals indicated in the Technical Specifications. The

Contractor shall submit the following after contract award and prior to a preconstruction meeting:

▪ A detailed progress schedule showing the order in which work is to be performed and the dates on which the Contractor contemplates starting and completing the salient features of the work including acquiring materials, plant and equipment. The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled by any given date during the period.

▪ A schedule of values to be used by the Corporation when making progress payments.

▪ A detailed safety plan to describe the measures to be utilized to ensure that all aspects of the work are accomplished in accordance with OSHA Standards.

C.15. REFERENCED SPECIFICATIONS.

Reference in these Technical Provisions to the NYS Specifications, refers to the New York State Department of

Transportation, Standard Specifications, Construction and Materials and any addendums. If there are any discrepancies between the NYS Specifications and these Special and Technical Provisions, these Special and

Technical Provisions shall govern. References made to the Engineer in the NYS Specifications shall be interpreted to mean COTR.

C.16. REMOVAL AND REPLACEMENT OF EXISTING PAVEMENT. (BASIC REQUIREMENT-

ITEM NO. 1 AND OPTIONAL REQUIREMENTS-ITEMS NOS. 2 THROUGH 4)

The Contractor shall complete all work as per the provisions of the contract, drawings and specifications.

END OF SECTION C

PART I

SECTION D

PACKING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the S L S D C Receiving Warehouse located at

251 Fregoe Road, Massena, NY 13662. Packaging must be labeled to include the Contractor’s name and contract number. The Contractor shall be responsible for any damaged or missing packages. Upon receipt, the Contractor shall examine all packages and make appropriate written exception for any goods not in apparent good order. The Contractor is responsible for contacting the shipping company for any damages or losses. The SLSDC shall make every effort to contact the Contractor when packages arrive.

The Contractor shall have large and/or heavy items (exceeding 80 lbs) delivered directly to the work site.

Warehouse hours are 7:00am to 3:00pm on weekdays (except Federal holidays).

The SLSDC reserves the right to refuse any packages that are damaged, improperly labeled, or appear suspicious.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

Inspection of services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any inspectors designated by the Contracting Officer. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

END OF SECTION E

http://www.arnet.gov/far/

SECTION F

DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may

52.242-14 SUSPENSION OF WORK (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work ready for use not later than October 15, 2019 The time stated for completion shall include final cleanup of the premises.

F.1. SCHEDULES FOR CONSTRUCTION CONTRACTS.

The Contractor shall prepare and submit to the Contracting Officer after award and prior to a preconstruction meeting, for approval, a copy of a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule as required, the Contracting

Officer may withhold approval of progress payments until the Contractor submits the required schedule.

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Patricia L. White, Contracting Officer, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764-3236, facsimile number (315) 764-3268, and e-mail address Patricia.White@sls.dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (Corporation). No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

G.2. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance coverage:

(1) Workmen's Compensation Coverage: As required by applicable New York Statutes in effect as of contract award date.

(2) Comprehensive General Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

(3) Comprehensive Automotive Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

Property Damage: $50,000 each accident

b. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Corporation in such insurance shall not be effective until ten (10) days after written notice thereof to the Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in paragraph (a). The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

G.3. CONTRACTING OFFICER DELEGATION OF AUTHORITY

The Contracting officer may delegate all or part of her authority to administer this contract. Such a delegation will be in writing and will describe the extent of the authority delegated. The Contracting Officer will provide a copy of such delegation to the Contractor.

G.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors to act as the Contracting

Officer’s Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting

Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set for the authorities and limitations of the COR under the contract. The COR will ensure that the SLSDC's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

When in the opinion of the Contractor, the COR requests work outside the existing scope of the contract, the

Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action until the

Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting

Officer at the address set forth in Clause G.1.

G.5. ADDITIONAL WORK

a. The Contractor shall not perform any additional work without the Contracting Officer's authorization.

b. The Contractor, in connection with any proposal he/she makes for a contract modification, shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

c. The Contracting Officer reserves the right to accomplish additional work on the basis of a negotiated fixed price when it is in the best interest of the Corporation.

G.6. REQUESTS FOR PROGRESS PAYMENTS

The Contractor shall furnish a breakdown of the total contract price, showing the amount included therein for each principal category of work, which shall substantiate the payment amount requested, in order to provide a basis for determining progress payments, in such detail as requested by the Contracting Officer.

The Government shall make progress payments monthly as the work proceeds on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration

(3) Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that---

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Codes; and

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name) (Title) (Date)

G.7. RELEASE OF CLAIMS

Upon completion of the work and prior to final payment, the Contractor shall furnish to the Contracting Officer a

"Release of Claims," as specified in paragraph (h) of Contract Clause 52.232-5, "Payments Under Fixed-Price

Construction Contracts," Part II, Section I, Contract Clauses.

G.8. INCORPORATION OF SECTION K BY REFERENCE

In accordance with FAR 14.201-1(c), Part IV of the Uniform Contract Format shall not be physically included in the resulting contract, but shall be retained in the contract file. Section K, Representations, Certifications, and Other

Statements of Offerors (as completed by the Contractor) shall be incorporated by reference in the contract.

G.9. EXECUTIVE ORDER (EO) 13101: GREENING THE GOVERNMENT THROUGH WASTE

PREVENTION, RECYCLING, AND FEDERAL ACQUISITION

The Corporation encourages the use of environmentally sound, energy-efficient products and services. This includes, but is not limited to, the use of energy-efficient office equipment, supplies that contain recovered materials, and products that are either degradable, ozone safe, recyclable, contain low volatile organic content compounds, or contribute to source reduction. The Contractor shall comply with the requirements of this order within the scope of its operations.

G.10. OTHER ADMINISTRATION DATA

The Contractor shall not in any way represent that he/she is part of the United States Government or that he/she has the authority to contract or procure supplies on the credit of the United States of America.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. PERFORMANCE AND PAYMENT BONDS

a. If the contract price exceeds $150,000.00, the Contractor agrees to furnish a Performance Bond (Standard Form

25) and a Payment Bond (Standard Form 25-A), within 10 calendar days after award. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury

Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.

The penal amount of the performance bond shall be one hundred (100) percent of the contract price. The performance bond secures performance and fulfillment of the contractor’s obligations under this contract.

The penal amount of the payment bond shall equal one hundred (100) percent of the original contract price. The payment bond assures payments as required by law to all persons supplying material or labor in connection with the performance of the work under this contract.

The Corporation may require additional performance and payment bond protection if the contract price is increased.

The increase in protection generally will equal 100 percent of the increase in contract price.

b. For contracts greater than $35,000, but not greater than $150,000, the Contractor shall submit one of the following payment protections:

• Payment bond

• Irrevocable letter of credit (ILC)

• Certificate of deposit

The amount of the payment protection shall be 100 percent of the contract price. The Contractor shall submit its alternative payment protection within 10 calendar days of contract award.

H.2. SECURITY REQUIREMENTS

The Contractor shall be responsible for providing the Contracting Office with the following information on all his/her employees and subcontractor employees assigned to work on site prior to commencing work.

• Employee(s) name

• Copy of employee(s) driver’s license

• Make and license plate numbers of vehicles to be used on site

The SLSDC shall issue an identification pass to each of the Contractor’s and subcontractor’s employees engaged on the contract. Contractors are responsible for requiring their employees to display their pass while on site. Passes are to be returned to the COR or SLSDC security personnel upon completion of the project or upon the release of any employee. Failure to return the passes will result in a non-refundable $50.00 fee which will be deducted from the

Contractor’s final payment. If the employee loses or damages his/her pass, a replacement fee of $50.00 will be assessed to the Contractor. The Contractor shall notify the COR of any personnel changes(s) prior to arriving on site.

The Contractor will be required to sign for his/her employee passes and any subcontractor employee passes.

END OF SECTION H

PART II

SECTION I

CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

52.203-10

ACTIVITY (MAY 2014)

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

52.203-19

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

52.204-4

AGREEMENTS OR STATEMENTS (JAN 2017)

PRINT OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

52.204-9

(MAY 2011)

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

52.204-13

AWARDS (OCT 2018)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

52.209-10

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

52.214-29

(NOV 2015)

ORDER OF PRECEDENCE—SEALED BIDDING (JAN 1986)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION

52.222-6

(MAY 2018)

CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

52.222-50

(DEC 2010)

COMBATING TRAFFICKING IN PERSONS (JAN 2017)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

52.223-6

CONSTRUCTION CONTRACTS (SEPT 2013)

DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

52.223-18

CONSTRUCTION CONTRACTS (AUG 2018)

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

52.225-13

DRIVING (AUG 2011)

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

52.232-39

MANAGEMENT (OCT 2018)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (15%)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

52.236-10 52.236-11

IMPROVEMENTS (APR 1984)

OPERATIONS AND STORAGE AREAS (APR 1984)

USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13

ACCIDENT PREVENTION (NOV 1991)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-4 CHANGES (JUNE 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2019)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING-CONSTRUCTION (OCT 2015) ALTERNATE I (OCT 2015)

52.249-2 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012) ALTERNATE I (SEPT 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,”

“protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of

Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.