6923G521B1002.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G521B1002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

August 27, 2021

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

Contracting Officer

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 replace existing shore power distribution system equipment with new at the Maintenance Base in Massena, New York.

The project consists of the removal and disposal of existing shore power pedestals, conduit, wiring and site spoils.

It will require furnishing and installing new shore power pedestals to include equipment, conduit, wiring, trenching and site restoration.

It will include electrical upgrades at Maintenance Base.

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

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

TOTAL SMALL BUSINESS SET-ASIDE PROCUREMENT, THE APPLICABLE NAICS CODE IS 238210 AND

THE SIZE STANDARD IS $16,500,000.00

This is a total small business set-aside procurement.

11. The Contractor shall begin performance within 10 calendar days after receiving the notice to proceed and complete by December 10, 2021

This performance period is mandatory if all line items are awarded, negotiable if not. (See Section F, Page 22)

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 copies to perform the work required are due at the place specified in Item 8 by 11:00 am local time Monday, September 27, 2021. 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 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

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

6923G521B1002

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 – 19

D PACKAGING AND MARKING 20

E INSPECTION AND ACCEPTANCE 21

F DELIVERIES OR PERFORMANCE 22

G CONTRACT ADMINISTRATION DATA 23 - 25

H SPECIAL CONTRACT REQUIREMENTS 26 - 27

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 28 - 34

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 35

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 36 - 40

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 41 - 43

M EVALUATION OFFERS FOR AWARD 44

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM UNIT

NO DESCRIPTION QUANTITY UNIT PRICE TOTAL

BASIC REQUIREMENT ITEMS

1.a Mobilization/Demobilization - Furnish all plant, labor, equipment and materials and perform all work to mobilize and demobilize for the project.

FOR THE

JOB

L.S. $_________ $__________

1.b Demolition - Furnish all plant, labor, equipment and materials and perform all demolition work including, but not limited to, removal of existing shore power pedestals, conduit, wiring, and trenching as indicated on the contract drawings

FOR THE

JOB

L.S. $_________ $__________

1.c Pedestal Upgrades - Furnish all plant, labor, equipment and materials and perform all work to install the proposed shore power pedestal backboards, electrical outlets, lighting, data, shore power equipment, disconnects, GFCI panels, equipment, conduit, wiring, trenching, manholes, terminations, startup and testing for a complete installation.

OPTIONAL REQUIRMENT

FOR THE

JOB

L.S. $_________ $__________

1.d Site Work - Furnish all plant, labor, equipment, and materials and perform all work to remove 12 inches of existing stone and soil and install 12 inches of new stone and fabric for the areas shown on contract drawing.

FOR THE

JOB

L.S. $_________ $__________

1.e Bollards - Furnish all plant, labor, equipment, and materials and perform all work providing and installing the eight bollards as indicated on the contract drawings.

FOR THE

JOB

L.S. $_________ $__________

TOTAL BASIC REQUIREMENTS

T OTAL OPTIONAL REQUIREMENT ONLY

TOTAL COST INCLUSIVE OF THE BASIC REQUIREMENTS AND OPTIONS $_________________

INSTRUCTIONS TO OFFERORS

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

Items and Optional requirement Items.

2. Offerors must complete all items for the Basic Requirements and all Optional Requirements to be considered responsive. The Corporation intends to award the Basic Requirement Items on or about Wednesday, September 29, 2021, dependent upon the availability of funds. Offerors are required to keep their respective bids valid for 120 days after the bid opening. The Corporation reserves the right to make award for the

Optional Requirement Items at the time of award or within the within the 120-day acceptance period dependent on the availability of funds.

3. Bidders shall submit with their bids additional items as outlined in Part 1, Section C, C.15. Submittals, a.

Bidders, 1-3.

Signature Date

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT

SPECIAL PROVISIONS

C.1. DESCRIPTION OF WORK.

Furnish all plant, labor, equipment, and materials, and perform all work to upgrade the electrical shore power distribution system at the GLS maintenance base location.

Work will require the demolition of existing shore power pedestals, conduit and wiring. The removal of stone and soil to the depth of 12” as indicated on contract drawings.

Work shall include the installation and fabrication of new shore power pedestals, all conduit, wiring, trenching, backfill and site restoration for a complete functional system.

C.2. CONTRACT AND REFERENCE DRAWINGS AND SPECIFICATIONS.

The contract and reference drawings and specifications have been furnished to the Contractor in an electronic format for the purpose of bidding the work. The work shall conform to the contract and reference drawings that form a part of these specifications. See list of drawings under Part III, Section J, List of Attachments.

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 or for proceeding to successfully perform the work without additional expense to the Corporation. The Contractor shall be responsible for performing all work in strict accordance with applicable Corporation and Occupational Safety and Health Administration (OSHA) safety and health requirements. The Contractor shall also comply with

Corporation lock-out/tag out requirements and furnish his/her own locks for this purpose.

b. Schedule. The Contractor shall, before the on-site work commences, submit to the Contracting Officer for approval an electronic 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 several 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 within the time prescribed, the Contracting

Officer may withhold approval of progress payments until the Contractor submits the required schedule. All scheduled work shall be included on the project schedule submittal(s) so that adequate quality assurance inspection and testing can be maintained by the Corporation throughout the project.

c. Mobilization. The Contractor may start mobilizing materials and equipment to limited site locations after receiving the notice to proceed. Conditional placement of materials or equipment adjacent to the work areas may be allowed but only with written approval by the Contracting Officer’s Representative (COR). Approval shall not authorize the Contractor to limit Corporation use of and access to the facility.

d. Other Work. Work by Corporation personnel and other contracting entities may be in progress at the facility concurrently with the work under this Contract. Therefore, coordination of access and use of the work areas will require clear communication of schedules and the requirements of the work. The Contractor shall fully cooperate with the Corporation in all phases of work, and any conflicts noted or which may arise will immediately be brought to the attention of the COR by the Contractor.

e. Utilities. The Contractor shall be responsible for providing and maintaining at his/her own expense, any utilities required for the performance of the work. The Contractor may use local electrical receptacles as available in the work areas, as approved by the COR on a case by case basis.

1. Potable Water. Any potable water required shall be provided by the Contractor at his/her own expense. River water is available as a non-potable water source.

2. 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 properly disposed of away from the site. The Contractor shall be responsible for keeping his/her work areas clean of refuse of any kind on a daily basis and shall dispose of all refuse off the sites.

3. Air. The Contractor shall be responsible for providing and maintaining all compressed air required for the performance of the work.

4. Electricity. All temporary wiring and extension cords shall be properly sized and conform to applicable provisions of OSHA, the National Electrical Code and the National Fire Prevention

Association codes.

5. Fuel. On-site, temporary fuel storage will not be allowed unless the method of storage is approved in writing by the COR. All fuel storage shall be provided with secondary containment to prevent accidental spills from entering the surrounding environment. The Contractor shall provide spill kits and other measures needed to meet regulatory requirements.

6. Lighting. The Contractor will be required to provide illumination for his/her operations where necessary to meet the minimum requirements of OSHA and provide adequate lighting for performance of the work, inspection and testing. All lighting shall be of a type and design for safe operation in the atmosphere where proposed for use.

7. Communications. The Contractor shall provide mobile cellular telephone or other communications capabilities at all times during the work, so that the Corporation can contact the Contractor’s responsible on-site representative. Before the start of the work, the Contractor shall submit a list of representatives and other pertinent contact persons in charge of the work, as well as emergency telephone numbers where it will be possible to reach responsible personnel outside of normal work hours.

f. Access and Operating at Corporation Facilities.

1. Access. Access to the work sites shall be through Corporation property, roads and facilities. Only the Contractor's authorized personnel and traffic will be allowed to enter the work areas.

2. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. The

Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites which do not unreasonably interfere with the work required under this contract. The Contractor shall protect from damage all existing improvements and utilities at or near the work sites, and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the

Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

3. Staging and Storage Area. The Contractor's use of Corporation property for storage of materials, parking of trailers, employee parking, and other uses, shall be as shown on the drawings. If no area is designated, the Contractor shall submit a Staging and Storage Facility Plan to the Corporation for approval prior to mobilizing to the site. The COR will approve this plan provided it does not unreasonably impact Corporation activities and operations. The Contractor shall restrict staging operations to the designated staging areas.

4. Snow Removal. The Contractor shall be responsible for all snow removal necessary to maintain the

Contractor’s work sites. Snowplowing and sanding will be provided by the Corporation for roadway access to the work sites. However, it must be expected that at times of sudden, unpredictable and/or heavy snowstorms, the snow removal may be delayed. Any additional snow removal or sanding of roadways, as deemed necessary by the Contractor, to maintain his/her work schedule will be by and at the expense of the Contractor.

5. Use of Corporation Facilities. Except as otherwise authorized in writing by the COR, the

Contractor shall not use Corporation telephones, restrooms, break rooms, or other facilities provided for Corporation employees.

6. Clean Up. The Contractor shall at all times keep the work areas, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Corporation. Upon completing the work, the Contractor shall leave the work areas in a clean, neat, and orderly condition satisfactory to the Contracting Officer. All waste shall be handled in accordance with EPA, DEC, and other applicable regulations or as directed by the COR.

g. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the COR. Vehicles required to transport equipment and materials to and/or from the work sites shall not be parked at the work sites for long periods of time without prior approval of the COR.

h. Work Areas. The work sites required by this contract include the areas in the vicinities of the Maintenance

Base.

i. Restricted Areas. The Contractor will be required to confine his/her operations to the work and staging and storage areas. The access roads, parking areas, and Corporation buildings shall be kept free of the Contractor’s personnel, materials and equipment. If necessary for the Contractor’s personnel, materials, or equipment to occupy these restricted areas, the Contractor shall request such access from the COR. The Contractor requested access shall require approval of the COR.

j. Existing Conditions and/or Existing Features. The paved areas are traveled by Corporation personnel, contractor personnel and the general public and must be maintained in a passable state (i.e. a minimum of one lane) during the project. Areas adjacent to the work areas shall be free of personnel, materials, and equipment. 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 COR. Where surface indications of buried utilities are visible, the approximate locations are shown on the contract or reference drawings. The Contractor is advised that there are buried utilities in addition to those indicated on the drawings and the Contractor shall use care during excavation to avoid disturbing all buried utilities. The Contractor must notify the COR a minimum of four

(4) business days prior to any excavation taking place such that a Corporation Dig Permit may be provided. The

Contractor shall also be responsible for making an underground facilities location request through the Dig Safely

New York program prior to any excavation or underground work. 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 buried utility damaged by the

Contractor shall be repaired at his/her expense.

k. Equipment. The Contractor shall be responsible for providing all equipment required to perform the work, consistent with the requirements of the Technical Provisions.

C.4. INSPECTION AUTHORITY.

The Contracting Officer (CO) has the ultimate responsibility for Contract administration. Limited authority shall be delegated to the COR appointed for this Project. The COR shall have no authority to issue any change of material substance to the project especially as it pertains to the contract specifications, drawings, cost or schedule. The

Contractor's work will be inspected by the COR or his designee. Each step of construction is subject to approval by the COR prior to proceeding with a subsequent step. However, the CO will have the ultimate authority for project acceptance.

It is the Contractor's responsibility to insure that all work conforms to the contract documents. During the progress of the work and up to the date of final acceptance, the Contractor shall at all times afford representatives of the

Corporation, the County, the State, the Department of Environmental Conservation, the Department of Labor, or any other agency with jurisdiction, a reasonable, safe, and proper facility for observation, inspection and testing of the work done or being done at the site.

If the COR or Corporation health and safety representative determine that any of the Contractor’s work practices are not conforming to Corporation or OSHA health and safety regulations, or the Contractor’s Health and Safety

Plan, they shall immediately notify the Contractor and have the notice recorded in the daily log. If the deficiency is not corrected in a timely manner or presents an imminent danger, the COR or Corporation safety and health representative will have the authority to stop the work but that person must notify the CO and COR within one (1) hour of such occurrence.

The Contractor shall verbally report any accidents immediately to the COR and supply a written report of the accident to the CO and the COR within twenty-four (24) hours of occurrence.

C.5. 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 shown on the contract drawings or 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. All elevations on the drawings are based on the 1935 United States Lake

Survey (USLS) Datum or other datum as may be noted on the individual drawing.

C.6. CONTRACTOR-FURNISHED MATERIALS AND METHODS.

The Contractor shall furnish all materials, equipment and services that are required for the satisfactory completion of this contract. All materials, appurtenances, and types of construction shall be in accordance with the contract documents and shall in no event be less than that necessary to conform to the requirements of all applicable laws and regulations and industry standards and shall be of sufficient quality to perform the intended purpose.

a. General.

All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Contract.

References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the CO, is equal to that named in the specifications, unless otherwise specifically provided in this contract. All work under this contract shall be performed in a skillful and workmanlike manner. The CO may require, in writing, that the Contractor remove from the site any employee the CO deems incompetent, careless, or otherwise objectionable.

b. Products.

1. Manufacturer. The Contractor shall obtain the CO’s approval of the machinery, mechanical, electrical and other equipment to be incorporated into the work. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

All transactions and communications with the manufacturer and subcontractors shall be through the

Contractor. Any two or more pieces of material or equipment of the same kind, type, or classification and being used for identical types of service, shall be made by the same manufacturer and shall be the same model

2. Equivalent Quality. Whenever material or equipment is submitted for acceptance as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the salient features of the material or equipment is equal and conforms to the Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the CO and shall consider the COR’s recommendations.

Upon rejection of any material or equipment submitted as the equivalent of that specifically named in the contract, the Contractor shall immediately proceed to furnish the specified material or equipment.

Neither the acceptance by the CO of alternate material or equipment as being equal to that specified, nor the furnishing of the material or equipment specified, shall in any way relieve the Contractor of responsibility for failure of the material or equipment, due to faulty design, material, workmanship or installation, to perform the functions required of them by the Contract Documents.

3. Material And Equipment Specifications. The specifications for the materials and equipment to be incorporated into this project are detailed and represent the physical properties and performance characteristics that the Corporation requires. However, it is recognized that all manufacturers of similar products do not make them all to the exact same specifications and that there may be slight variations in the physical properties and performance characteristics of products from different manufacturers.

c. Federal Sustainable Acquisition Requirements.

1. Underwriters Laboratories, Inc. (UL™) Standards. Where items/materials to be supplied are available with UL™ standard of approval, they shall be provided including Health and Sustainability standards as created through UL™ Environment and the GREENGUARD Environmental Institute (GEI). Where determined that the UL™ standard is in conflict with Paragraph 2.a) below, Paragraph 2.a) shall take precedence over meeting the UL™ standard.

2. Compliance with Executive Orders and Other Federal Guidance. Pursuant to Executive Order 13423, “Strengthening Federal Environmental, Energy and Transportation Management,” and Executive Order

13514, “Federal Leadership in Environmental, Energy and Economic Performance,” the Contractor shall exert his/her best efforts to provide services in a manner that will promote the natural environment and protect the health and wellbeing of Federal employees and contract service providers.

To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

a) Energy Independence and Security Act of 2007, Energy Policy Act of 2005, Executive Orders and Federal Acquisition Regulation (FAR) Compliance.

The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 13514, “Federal Leadership in

Environmental, Energy, and Economic Performance,” dated October 5, 2009; Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007;

and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR® qualified and FEMP designated products in performance of construction.

The Contractor shall ensure that construction is performed with products that meet and/or exceed ENERGY

STAR qualified and FEMP designated guidelines. The Contractor shall provide products that earn the

ENERGY STAR label and meet the ENERGY STAR specifications for energy efficiency. The Contractor shall utilize ENERGY STAR qualified products as specified at www.energystar.gov/products, where can be found complete product specifications and updated lists of qualifying products. The Contractor shall utilize the purchasing specifications as specified for FEMP designated products at www.femp.energy.gov/procurement.

The Contractor shall use these products to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

The following is a list of construction products for which ENERGY STAR qualified and FEMP designated products are available. It is not all inclusive and is evolving.

http://www.energystar.gov/products

− Air Conditioners

− Ballasts

− Boilers

− Chillers

− Doors

− Electric Motors

− Furnaces

− Heat Pumps

− Lamps

− Lighting Controls

− Luminaries

− Plumbing (faucets, showerheads)

− Roofs

− Seals and Insulate

− Windows

The Corporation believes that a demonstration of how to use ENERGY STAR qualified and FEMP designated products, creation of an effective training program for the products selected, and technical assistance are central to the selection and eventual success of purchasing and using ENERGY STAR qualified and FEMP designated products.

The Contractor shall comply with the clause at FAR 52.223-15, Energy Efficiency In Energy-

Consuming Products.

The Contractor shall report on the purchases of ENERGY STAR qualified and FEMP designated products in the performance of this contract. The report shall include the following:

(1) A list of all energy consuming products purchased.

(2) A list of all ENERGY STAR qualified and FEMP designated products purchased.

(3) For each ENERGY STAR qualified or FEMP designated product purchased, include the savings in dollars and Btu’s due to the purchase of the product.

(4) Percentage of purchased products that are ENERGY STAR qualified and FEMP designated against the total number of energy consuming products purchased.

(5) Total value of the purchased products that are ENERGY STAR qualified and FEMP designated against the dollar value of all energy consuming products purchased.

The Contractor shall add the following service, surveillance methodology, and performance threshold to the present Performance Requirements for Construction:

(1) Required Service - Performance Objective/Standard – Ensure the mandatory purchasing of

ENERGY STAR qualified and FEMP designated products.

(2) Surveillance Methodology/ Method of Assessment – Random Sampling.

(3) Performance Threshold – Up to 100 % compliance, assuming life cycle cost efficient.

b) Use of Low Emitting Materials.

The Contractor shall include the use of low emitting materials for building modifications and construction, and maintenance and cleaning when applicable during the Contract period. In particular, the following materials and products are to have low pollutant emissions: composite wood products, adhesives, sealants, interior paints and finishes, solvents, carpet systems, janitorial supplies, and furnishings.

c) EPA's Recycled Content Recommendations for Building Construction and Modifications, Maintenance, and Cleaning.

Per section 6002 of RCRA, for EPA-designated products, the Contractor shall meet or exceed EPA's recycled content recommendations for building modifications and construction, and maintenance and cleaning when applicable during the Contract period. For other products, use materials with recycled content such that the sum of postconsumer recycled content plus one-half of the pre-consumer content constitutes at least 10% (based on cost or weight) of the total value of the materials in the project. EPA's recycled content products designations and recycled content recommendations are available on EPA's Comprehensive

Procurement Guideline web site at www.epa.gov/cpg.

e) USDA's Biobased Content Recommendations for New Buildings, Building

Modifications, Maintenance and Cleaning.

Per section 9002 of Farm Security and Rural Investment Act, for USDA-designated products, the Contractor shall use products with the highest content level per USDA's biobased content recommendations. For other products, the Contractor shall use biobased products made from rapidly renewable resources and certified sustainable wood products. If these designated products meet performance requirements and are available at a reasonable cost, a preference for incorporating them into the project shall be provided. USDA's biobased product designations and biobased content recommendations are available on USDA's BioPreferred web site at www.usda.gov/biopreferred.”

f) Use of Products That Have a Lesser or Reduced Effect on Human Health and the

Environment.

The Contractor shall use products that have a lesser or reduced effect on human health and the environment over their lifecycle when compared with competing products or services that serve the same purpose. A number of standards and ecolabels are available in the marketplace to assist in making environmentally preferable decisions. For recommendations, consult the Federal Green Construction Guide for Specifiers at www.wbdg.org/design/greenspec.php

g) Reuse and Recycling of Materials.

The Contractor shall provide salvage and/or recycle of materials generated from building demolition, construction and/or renovations to the greatest extent practical and feasible in the regional market.

h) Eliminate/Minimize the Use of Ozone Depleting Compounds.

The Contractor shall eliminate/minimize the use of ozone depleting compounds in the project where alternative environmentally preferable products are available, consistent with either the Montreal Protocol and Title VI of the Clean Air Act Amendments of 1990, or equivalent overall air quality benefits that take into account lifecycle impacts.

C.7. ENVIRONMENT PROTECTION.

a. General. For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state or currently improved state to the greatest possible extent during project construction, clean up and demobilization from the work site and property. This includes any work necessitating return to the site after what had been considered construction complete. Environment protection requires consideration of air, water, and land and may include noise, solid and liquid waste management, management of radiant energy and http://www.epa.gov/cpg http://www.usda.gov/biopreferred http://www.wbdg.org/design/greenspec.php radioactive materials, and any other pollutants generated or encountered during the work. 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 identify and comply with all Federal, State and Local laws and regulations concerning environmental pollution control and abatement.

b. Notification. The CO 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 CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken, or the

Corporation may complete corrective actions at the expense of the Contractor. 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 costs or damages by the Contractor.

c. Payment. Compensation for all work related to compliance with this paragraph shall be paid as a part of the work required under each of the applicable Contract Item Nos. included within SECTION B. No additional compensation shall be provided for work required by the Contractor to meet the requirements cited within these specifications or applicable regulations and industry standards.

d. Permits and Approvals. The Contractor shall obtain approvals, authorization certificates or permits required for any of the Contractor’s installations and operations, from State and other agencies responsible for environmental protection, and then transmit a copy to the COR before the use of said installations or the commencement of related work.

e. Protective Measures. The Contractor shall take all the measures required to provide environmental protection for the site, conforming to the requirements of the applicable Federal, State and Municipal laws and regulations, as well as those of the SLSDC as required by the COR. Environmental protection measures to be employed by the Contractor shall prevent deleterious substances, suspended sediment, fill, paint chips or fumes and any debris from escaping beyond the work area, entering the land, water or air or creating hazards for workers or the public.

If the environmental protection measures employed by the Contractor do not comply with the environmental requirements of this specification or the applicable government agencies, the Contractor shall modify them immediately to the satisfaction of the COR and the applicable government agencies, at the Contractor’s cost so that they conform to these requirements.

f. Protection of Land Resources. The protection of land resources within and adjacent to Corporation boundaries are the responsibility of the Corporation and therefore subject the Corporation’s oversight and that of its

Contracted parties. The Contractor under this agreement shall take all necessary measures to protect said land resources from adverse impact by the Contractor’s work, actions or lack thereof concerning materials, equipment or personnel supplied or under the control of the Contractor. Should adverse impacts to land resources occur due to the Contractor’s work, the Contractor shall bear full responsibility to correct impacts to the satisfaction of either the Corporation or regulatory authority holding jurisdiction regarding the impact at no additional cost to the

Corporation.

g. Protection of Water Resources. The protection of water resources within, under and adjacent to

Corporation boundaries are the responsibility of the Contractor and therefore subject the Corporation’s oversight.

The Contractor under this agreement shall take all necessary measures to protect said water resources from adverse impact by the Contractor’s work, actions or lack thereof concerning materials, equipment or personnel supplied or under the control of the Contractor. Should adverse impacts to water resources occur due to the Contractor’s work, the Contractor shall bear full responsibility to correct any impacts to the satisfaction of either the Corporation or regulatory authority holding jurisdiction regarding the impact at no additional cost to the Corporation. The

Contractor shall identify and comply with all applicable Federal, State, County, and Municipal laws concerning pollution of water resources.

h. Protection of Air Resources. The Contractor shall comply with all applicable Federal, State and Local laws and regulations concerning air quality control.

C.8. SITE VISIT.

Prospective bidders are expected to visit the work site prior to entering a bid to determine the extent and nature of work required. Failure to visit the work site prior to submitting a bid will not relieve the successful bidder of the responsibility for the completion of the intended work at the bid price. Two mandatory site visits will be conducted, attendance at one is required. One at 10:00 a.m., Thursday, September 09, 2021 and the second at 10:00 a.m., Tuesday, September 14, 2021. Arrangements for the site visit shall be made with the Office of

Engineering and Maintenance at least 48 hours in advance with Mr. Tom Owney, phone 315-764-3257 (no collect calls) or e-mail Thomas.Owney@dot.gov. Any expenses involved in site inspection and visits will be borne by the bidder.

C.9. 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", 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.10. DISPOSAL OF WASTE AND SPOIL.

The Corporation may allow the Contractor to spoil clean excavated materials and concrete waste on Corporation property at an area designated by the COR.

Any solid waste, construction and demolition debris (C&D) or extra materials (including rubble, brush, dirt, trash, sludge, packing crates, boxes, etc.), or equipment and materials removed, will be the Contractor's responsibility for proper disposal at his/her own expense in strict accordance with Federal, State and Local regulations and these specifications.

The Contractor shall maintain a record of solid waste and C&D waste generated during the work. The Contractor shall endeavor to recycle wastes generated during the work, and maintain a record, by weight, of waste materials recycled and waste materials sent to landfills (Sanitary and C&D).

All wire scraps, pipes, fittings, paper scraps, boxes, paint cans, scrap metal, and other scraps, shall be cleaned up daily. Clean metal scrap may be placed in the Corporation's scrap metal dumpster located at the Maintenance facility provided it does not contain any hazardous waste(s).

The Contractor shall be the generator of any hazardous waste and special waste produced by the Contractor’s work under this Contract. The Contractor shall bear all costs and responsibilities associated with any waste generated including handling, testing/characterization, containerizing, labeling, transportation, recycling, treatment or disposal including obtaining, completing and monitoring each manifest

C.11. DISPOSAL BY BURNING.

Burning of waste will not be permitted.

C.12. USE OF EXPLOSIVES.

Blasting with explosives will not be permitted.

C.13. HEALTH AND SAFETY.

a. General.

1. Description. All work performed by the Contractor shall be in conformance with The Williams-

Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in Title 29 Code of Federal

Regulations (CFR) 1926/1910 and applicable Corporation requirements including COVID-19 work site protocols. Additional safety requirements may be referenced within other paragraphs of these specifications and shall have the same effect as if included herein. Submit matters of interpretation of these requirements to the CO for resolution before starting work. If no clarifications are sought, then the submittal is not necessary. Where the regulations guidance or specifications conflict, the most stringent requirements shall apply.

2. Information. The Contractor shall provide their Health and Safety Plan to the COR, for informational purposes only, prior to the start of any work. The Corporation reserves the right to require modifications to the plans and procedures to ensure safe operations.

3. References. The Contractor shall comply with applicable rules and regulations and industry standards of practice. Regulations related to this paragraph include but may not be limited to:

a. Code of Federal Regulations (CFR)

i. 29 CFR 1926 Safety and Health Regulations for Construction

b. NFPA

i. NFPA 70 – 2020 (NEC) National Electrical Code

ii. NFPA 70E - 2018

iii. NFPA 30 Flammable and Combustible Liquids Code

c. NESC National Electrical Safety Code

The Contractor shall maintain a copy of the listed reference documents and any other deemed necessary on site for use by the Contractor and reference by the COR throughout the project.

Note: The latest issue, revision, or amendment of the referenced standards in effect on the date of invitation to bid shall govern unless otherwise specified

4. Notices and Reporting. The Contractor shall notify the COR immediately of any accidents or incidents relating to health and safety. The Contractor shall prepare and submit a written report of the accident/ incident to the CO and the COR within twenty-four (24) hours of occurrence.

5. Site Safety Meetings. The Contractor’s site Health and Safety Officer shall hold a weekly safety meeting for each shift of workers. The meetings will be held to adjust as appropriate and reinforce adherence to the site Health and Safety Plan and all safety practices implemented during the work.

b. Products. The Contractor shall design, supply, construct and maintain access and support facilities and equipment necessary to properly and safely access and perform the work

1. Manufactured Materials and Equipment. All products supplied by the Contractor shall be utilized in accordance with the manufacturer’s intended purpose, recommendations and instructions and shall be maintained in proper working order. Commercially available equipment, including cranes, shall have documentation or certification that they meet applicable OSHA safety criteria.

2. Fabricated Equipment and Enclosures. All fabricated equipment, enclosures and custom built work and systems shall be designed to provide safe access, inspection and maintenance. Design drawings of all Contractor constructed enclosures, and other fabricated or assembled devices shall be designed, signed and sealed by a Professional Engineer of Record registered in the State of New

York. Fabricated equipment shall conform to the applicable OSHA standards. Bracing and all other weight and load bearing fixtures that are to be secured to existing concrete shall be anchored in sound substrate using hardware that is deemed by the manufacturer as suitable for the purpose. Any field changes made to equipment or assemblies shall be approved by the Engineer of Record prior to use.

3. Safety Equipment. The Contractor shall provide safety equipment at the work site consisting of, at a minimum, a first aid kit, AED, and all other NFPA or OSHA-compliant equipment necessary for use to safely perform the work.

c. Execution.

1. Ignition Sources. Smoking is only permitted in designated areas and under no circumstances is allowed inside any enclosure or building.

2. Lock Out Tag Out (LOTO). The Contractor shall follow LOTO procedures and shall furnish their own locks and tags for operating equipment as indicated by the Contractor’s LOTO Plan and

Procedures, Corporation safety requirements, or any special NYPA requirements.

C.14. 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, Contract Clauses, 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.15.