IFB_Boat_launch_access_improvements_Final.pdf

STANDARD FORM 1442

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G519B0958

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

August 27, 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

Jason Brockway

Contract Specialist

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

(315) 764-3252 e-mail – jason.brockway@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 to construct crushed stone surfacing improvements for the existing boat launch access driveway and staging area at the Maintenance Facility/Marine

Base. All work shall be done in accordance with the contract drawings and specifications.

Offerors shall bid on all line items contained within section B and sign and date where applicable. Bidders must carefully read this entire IFB to ensure their bids will be considered responsive. See section L for specific instructions regarding submission of bids.

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. NAICS: 237990. SIZE STANDARD: $39.5 MILLION

11. The Contractor shall begin performance within 10 calendar days after receiving the notice to proceed and complete by November 15, 2019

This performance period is mandatory, negotiable. (See Section F, Page 19 of 39.)

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. Bids in original format and 1 copy in sealed envelopes are due to the Contracting Officer, St. Lawrence Seaway

Development Corporation, 180 Andrews Street, Massena, NY 13662 by 11:00 AM (hour) local time 09/26/2019. If this is a sealed bid solicitation, bids will be publicly opened at that time. Sealed envelopes containing bids shall be marked to show the bidder’s name and address, the solicitation number, and the date and time offers are due.

B. A bid 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.

mailto:jason.brockway@dot.gov http://www.sam.gov/

6923G519B0958

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

180 Andrews Street

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

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 – 12

D PACKAGING AND MARKING 13

E INSPECTION AND ACCEPTANCE 14

F DELIVERIES OR PERFORMANCE 15

G CONTRACT ADMINISTRATION DATA 16 – 18

H SPECIAL CONTRACT REQUIREMENTS 19 – 20

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 21 – 26

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 27 – 28

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 29 – 33

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 34 – 37

M EVALUATION OFFERS FOR AWARD 38

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

Furnish all plant, labor, equipment and materials and perform all work to construct crushed stone surfacing improvements for the existing boat launch access driveway and staging area at the Maintenance Facility/Marine

Base. The work includes stripping topsoil, grading the subgrade to uniform elevation, placing geotextile, placing granular subbase material and surfacing with crushed stone, all in accordance with the contract documents. The work may also include the removal of unstable subgrade material and replacing it with compacted granular subbase material. All work shall be performed in accordance with the contract drawings and specifications.

BASIC REQUIREMENT

Item

No.

Description Quantity Unit Unit Price Total

1. Project Mobilization and Demobilization For The Job $__________ $__________

2. Provide all plant, equipment and labor to improve the designated Marine Base boat launch access driveway, staging area and above-water boat launch ramp as shown on the contract drawings by stripping topsoil, grading the subgrade to uniform elevation, placing geotextile, placing granular subbase material and surfacing with crushed stone, all in accordance with the contract documents.

For The Job $__________ $__________

TOTAL-BASIC REQUIREMENT $___________

INSTRUCTIONS FOR BIDDERS:

1. SLSDC will evaluate offers for award purposes by adding the prices for all the Basic Requirement

Items.

2. Offerors must include bid prices for all items to be considered responsive.

3. “Project Mobilization and Demobilization” line item cannot exceed 5% of total project cost.

Signature ______________________________ Date:

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECS/WORK STATEMENT

SPECIAL PROVISIONS

C.1. DESCRIPTION OF WORK.

The work covered by these specifications consists of furnishing all plant, labor, equipment and materials and performing all work to construct subgrade and surfacing improvements for the existing boat launch access driveway and staging area at the Saint Lawrence Seaway Development Corporation (SLSDC or Corporation)

Maintenance Facility/Marine Base located at 251 Fregoe Road in Massena, New York. The work includes stripping topsoil, grading the subgrade to uniform elevation which includes placing new subbase material to fill low areas as needed, placing geotextile, placing granular subbase material over the geotextile and then surfacing with crushed stone, all in accordance with the contract documents. The work may also include the removal of unstable subgrade material and replacing it with compacted granular subbase material.

C.2. CONTRACT AND REFERENCE DRAWINGS AND SPECIFICATIONS.

Electronic copies of the contract and reference drawings and specifications will be furnished to the Contractor without charge. The work shall conform to the contract drawings that form a part of these specifications. See List of Drawings under Part III, Section J. Drawings will be in electronic/digital format only.

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 prosecution 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 and reference 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.

b. Utilities. The Contractor shall provide all required power and utilities at his/her own expense.

c. Potable Water. The Contractor shall provide all required potable water at his/her own expense.

d. Sanitation. The Contractor shall provide chemical toilets within his/her work area 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 off the site.

e. Parking Areas. The Contractor and his/her work crews shall park their vehicles at areas designated by the

Contracting Officer’s Representative (COR). Vehicles required for transporting 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 COR.

f. Work Area. The work site required by this contract is located at the south shore of the Wiley-Dondero canal intermediate pool at the SLSDC Maintenance Facility/Marine Base at 251 Fregoe Road in Massena, New York as shown on the contract drawings.

g. Restricted Areas. The Contractor will be required to confine his/her operations to the work area above the water line as designated in the previous subparagraph. Except for specifically designated areas, the adjacent 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 or transit these restricted areas, the COR shall be notified to coordinate this with Corporation operations.

h. Existing Conditions and/or Features. The work site is an open relatively flat turf area that is currently used to launch trailered small craft. It is located about 100 to 200 feet north and east of Maintenance Building

MB8.

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 COR. It shall be the responsibility of the Contractor to maintain and preserve all controls established by the COR until authorized to remove them.

C.5. CONTRACTOR-FURNISHED MATERIALS.

The Contractor shall furnish all materials required to satisfactorily complete all awarded items 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 and radioactive materials, as well as other pollutants. In order to prevent and to provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, 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 corrected and the Contracting Officer notified at the Contractor’s own expense.

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 COR 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 encroach below the water line with any equipment or materials and 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, County, and Municipal laws concerning pollution of protected waters.

C.7. SITE VISIT.

Prospective bidders are encouraged to visit the work site prior to entering a bid, to determine the physical site conditions and 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 1:00 p.m. on Wednesday, September

11, 2019. Arrangements must be made with the Office of Engineering and Maintenance, Phone 315-764-3240.

Any expenses involved in site inspection will be borne by the prospective bidder.

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 COR at all times. The Contractor shall indicate the minimum plant, which he/she agrees to place on the job in the "Statement of Plant", Part IV, Section K. 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.

Any waste material generated by the Contractor, except for soils removed by the Contractor, must be removed from the work site by the Contractor and disposed of at his/her own expense in accordance with Federal and State regulations. Soils removed by the Contractor, including topsoil and unstable subgrade material, may be spoiled on

SLSDC property at the Maintenance Facility in an area designated by the COR. Topsoil shall be placed in a pile separate from other removed soil material.

C.10. DISPOSAL BY BURNING.

Burning will not be permitted.

C.11. USE OF EXPLOSIVES.

Blasting will not be permitted.

C.12. SAFETY.

The Contractor shall be responsible for performing all work in strict accordance with applicable SLSDC and

Occupational Safety and Health Administration (OSHA) Regulations.

C.13. WAGE RATES.

a. In accordance with the requirements of Clause (a), Davis Bacon Act, (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 to conform with 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.

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

1. A detailed work plan and 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.

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

3. A detailed project-specific health and safety plan to describe how the work will be done per OSHA

Standards.

4. Manufacturer’s data, cut sheets, shop drawings, instructions, etc. for the geotextile,

5. Materials reports for Granular Subbase Material and Crushed Stone Surfacing proposed to be used (subject to approval).

6. Descriptive information and qualifications of the Quality Control construction materials testing laboratory.

C.23. SITE WORK

a. General. The scope of this item includes all excavation, grading, fill and surfacing material for the boat launch access improvements. It may also include the removal of unstable subgrade material and replacing it with compacted Granular Subbase Material as directed by the COR. The Contractor shall not remove any material, place new material or perform any work whatsoever below the water level prevailing at the time of the work (elevation 199.5± feet IGLD 85) because work in the water requires a permit which is outside the scope of this project.

b. Materials.

1. Crushed Stone Surfacing. Crushed stone shall consist of NYSDOT Item 733.0402 – “Subbase

Course”, Type 2 with 100% passing the 2-in. screen and shall be only the product of crushing ledge rock at a NYSDOT-approved quarry. Submit source with current NYSDOT approval and materials test results.

2. Granular Subbase Material This material shall consist of clean sand and gravel conforming to the requirements for New York State Department of Transportation (NYSDOT) Item 733.0401,

733.0403 or 733.0404 “Subbase Course”, Type 1, 3 or 4 respectively (at the Contractor’s option) as shown in Table 733-4A of the NYSDOT Standard Specifications. Submit source with current

NYSDOT approval and materials test results. On-site material may be used if it meets the above gradation requirements.

3. Geotextile: Geotextile shall consist of a permeable construction fabric conforming to NYSDOT

737-01E “Stabilization Fabric”. This fabric must be on the current NYSDOT approved list. Submit source with current NYSDOT approval and materials test results.

5. Topsoil and Seeding. Topsoil and seeding is not anticipated. However, in the event the Contractor damages existing turf that is to remain, he/she shall be responsible for its restoration at his/her own expense. In that case, the restoration shall use existing topsoil that has been stripped and stockpiled or topsoil from off-site sources that have been approved by the COR. Grass seed shall be a standard perennial mix suitable for commercial turf applications, and shall be approved by the

COR. It shall be placed with a mulch that will allow for proper germination and not need removal.

c. Procedures.

1. Stripping. Topsoil must be carefully stripped from the site and spoiled in an approved location.

2. Grading. The Contractor shall grade the subgrade soil to the contour elevations allowing placement of the profile shown on Contract Drawing SLS-340-83/2. If isolated spots of soft or unstable material are encountered, at the direction of the COR, this material shall be removed and replaced with Granular Subbase Material per C.23.b.2 and C.23. c.2. Where fill is required to bring low areas up to required subgrade elevation, use Granular Subbase Material per C.23.b.2 and C.23.

c.2. Lifts shall not exceed 12 inches in loose thickness. In-situ soils stripped from higher elevation areas as required to reach subgrade elevation shall be stockpiled at a location designated by the

COR. This material may also be used to fill lower elevation areas up to required subgrade elevation if the Contractor submits test results indicating that it meets the gradation requirements of

NYSDOT Item 733.0401, 733.0403 or 733.0404 “Subbase Course”, Type 1, 3 or 4 respectively as shown in Table 733-4A of the NYSDOT Standard Specifications.

After the entire area to be surfaced is at the required subgrade elevation, compact the subgrade to at least 95% of the maximum ASTM D-1557 dry density (modified Proctor). The moisture content during compaction should be within + 2% of the Optimum Moisture Content as determined thorough laboratory testing per ASTM D-1557. After completing the subgrade compaction, place the geotextile over the compacted surface in accordance with the manufacturer’s instructions.

3. Surfacing. Place an 8-inch layer of Crushed Stone Surfacing per C.23.b.1. for surfacing. Compact the crushed stone through repeated passes of a steel-drum vibratory roller until proof rolling with a fully loaded tandem dump truck (or equivalent wheel load) shows no visible rutting. This may take

3 or 4 passes or more, depending on the roller.

3. Dewatering. If needed to control groundwater or surface water accumulation in excavations, sumps for pumping shall be constructed outside the excavation neat lines. The water level shall be maintained below the level of the excavation bottom at all times while work is in progress.

Sufficient standby pumping equipment must be provided to insure maintenance of the water level below the excavation. Water pumped from the excavation must be disposed of through a silt filter in a suitable manner without damage to adjacent property or the work under construction. Mud residues must not be disposed of in the river or storm sewers or on paved or traveled surfaces.

7. Unsuitable Materials. The following materials shall not be included in fill; excessive fines, organic matter, rocks more than 4 in. diameter, topsoil, frost, ice, snow, saturated materials, debris, trash or other unsuitable materials as determined by the COR.

d. Quality Control.

• The Contractor shall retain an independent construction materials testing laboratory acceptable to the SLSDC to provide testing and inspection services for field quality control. The testing laboratory shall have standard industry accreditation for the particular testing and inspection methods to be used in the project. All testing and inspection activities of the laboratory and report issuance shall be overseen by a New York State licensed professional engineer (PE) who is employed or retained by the laboratory. The SLSDC will oversee and monitor the Contractor’s quality control activities.

• The suitability of proposed Granular Subbase Material (on and off-site) and Crushed Stone

Surfacing shall be evaluated through the performance of a gradation analysis in accordance with appropriate ASTM procedures. A laboratory compaction curve for Granular Subbase Material shall be established through a three point Modified Proctor test per ASTM-D1557. This testing shall be repeated if the material varies during the course of the work or at the request of the COR.

• In-place density testing shall be performed at a minimum of one test per 50 square yards of subgrade or fill/backfill lift surface or at least three (3) tests, or as requested by the COR. Areas not meeting the specified compaction criteria shall be reworked (adjust moisture content as necessary and re-compact) and re-tested.

• Two copies of all test results shall be submitted to the COR within forty-eight (48) hours of the performance of the test and copies of the field test results shall be submitted to the COR prior to the end of each day.

END OF SECTION C

PART 1

SECTION D

PACKAGING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

Preservation, packaging, and marking for all items delivered shall be according to standard commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. By prior arrangement between the

COR and the Contractor, certain supplies/materials may be shipped to the SLSDC Receiving Warehouse, 251

Fregoe Road, Massena, NY 13662 for Contractor pick up. 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. Large and/or heavy items (exceeding 80 lbs.)

shall not be shipped to the SLSDC Receiving Warehouse.

All containers shall be plainly marked on or adjacent to the exterior shipping label to show the contract number, description of contents, and the contractor's name.

END OF SECTION D

PART I

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: http://farsite.hill.af.mil/vmfara.htm.

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.1. 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://farsite.hill.af.mil/vmfara.htm

PART I

SECTION F

DELIVERIES OR PERFORMANCE

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

52.242-14 SUSPENSION OF WORK (APR 1984)

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

The Contractor shall be required to complete the entire work ready for use not later than November 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 project schedule and work plan as described in Section C, Technical Provisions, C.15, Submittals.

END OF SECTION F

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

PART I

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@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 Corporation'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 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

PART I

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.3. 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 Corporation shall issue an identification pass to each of the Contractor’s employees engaged on the contract work. Contractors are responsible for requiring their employees to display their pass while on site. Passes are to be returned to the COR or Corporation security personnel upon completion of the project or upon the release of any employee. The Contractor shall notify the COR of any personnel changes(s) prior to arriving on site.

H.4. EXECUTIVE ORDER (EO) 13043: INCREASING SEAT BELT USE IN THE UNITED STATES

The contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally owned vehicles.

H.5. REPORT OF LOCAL LABOR/SUPPLIERS

This procurement is part of the Corporation’s Asset Renewal Program (ARP). The Corporation is required to report on any ARP related actions as to the dollars being spent locally to include labor hires, material suppliers, and contractor travel costs. Therefore, the Corporation requests the Contractor’s cooperation in recording and reporting their local costs incurred during performance of this contract. Reports shall be submitted to the

Contracting Office monthly or at time of completion depending on the length of the project. The Contractor may use any type format or document to report these costs. No supporting documentation is required. Please direct any questions regarding this reporting requirement to the Corporation representative listed on page one of this solicitation.

END OF SECTION H

PART II

SECTION I

CONTRACT CLAUSES

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: http://farsite.hill.af.mil/vmfara.htm.

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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2014)

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 - OVERTIME COMPENSATION

(MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

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 (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

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

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEPT 2002)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2013)

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

MANAGEMENT (JUL 2013)

http://farsite.hill.af.mil/vmfara.htm

52.232-39 UNENFORCABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.233-1 DISPUTES (JULY 2002) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

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

IMPROVEMENTS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

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

52.243-4 CHANGES (JUNE 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2013)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

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

(MAY 2004) ALTERNATE I (SEPT 1996)

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

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.

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. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic…