6923G522R1167_Eisenhower Diffuser Pit Shotcrete Repairs.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G522R1167

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03 Oct 2022

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2022-N-P-xxxx

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7

U.S. Department of Transportation Great Lakes St. Lawrence Seaway Development Corporation Attn: Contracting Office 180 Andrews Street Massena, New York 13662

9. FOR INFORMATION

CALL: ►

A. NAME

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

315.764.3206

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):

Project: Eisenhower Diffuser Pit Shotcrete Construction Repair located in Massena, New York

This acquisition is solicited as a 100% Small Business Set-Aside: NAICS code 237310, Highway, Street and Bridge Construction Size standard - $39,500,000.00.

In accordance with FAR 36.204, the magnitude of this construction project is between $500,000.00 and $1,000,000.00.

This acquisition will be awarded in accordance with FAR Part 15. Offerors must be registered in the System for Award Management (www.SAM.gov) .

Site Visit #1: Thursday, 13 October 2022, 9:00am EST: See FAR 52.236-27; Site Visit (Construction) Site Visit #2: Tuesday, 18 October 2022, 10:00am EST: See FAR 52.236-27; Site Visit (Construction)

RFIs due: Friday, 21 October 2022, 2:00pm EST. Email to: purchasing@dot.gov.

A Bid Bond (SF24) is required with proposal submission. Performance (SF25) and Payment (SF25a) bonds are required ten(10) calendar days after award.

Proposal due: Friday, 28 October 2022, 2:00pm EST. Email only to: purchasing@dot.gov.

11. The Contractor shall begin performance within 10 calendar days and complete it within 56 calendar days after receiving the notice to proceed.

This performance period is mandatory, negotiable. (See FAR 52.211-10)

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

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time 28 October 2022 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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)

See 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

6923G522R0578

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

C DESCRIPTION/SPECS/WORK STATEMENT 5 - 11

D PACKAGING AND MARKING 12

E INSPECTION AND ACCEPTANCE 13

F DELIVERIES OR PERFORMANCE 14- 15

G CONTRACT ADMINISTRATION DATA 16- 19

H SPECIAL CONTRACT REQUIREMENTS 20 - 21

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 22- 30

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 31

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 32 - 36

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 37 - 42

M EVALUATION OFFERS FOR AWARD 43- 46

END OF SECTION A

6923G522R0578

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM UNIT

NO DESCRIPTION QUANTITY UNIT PRICE

Bid Schedule

Furnish all plant, labor, equipment, and materials and perform all work for:

0001 Mobilization and demobilization of all equipment and materials to the Eisenhower Lock diffuser pit site. This includes all fixed costs to do the work.

1 Lump sum $______________

0002 Demolition of deteriorated concrete, including disposal at GLS designated spoil area. This item includes installation of steel reinforcement and preparation of surfaces to allow installation of new concrete in accordance with the contract requirements.

35 Cubic yard $______________

0003 Installation of new concrete at the Eisenhower Lock diffuser pit site, as indicated, and in accordance with the contract requirements.

40 Cubic yard $______________

Optional

Install of new concrete at other locations as identified by the

COR.

5 Cubic yard $______________

Total Price _ $ _______________

NOTE TO OFFEERORS:

1. Offerors must include bid prices for all of the Basic and Optional Bid Items to be considered responsive. Bids will be evaluated by adding all Basic and Optional Bid Items to be considered responsive.

2. The Corporation intends to award the Basic Bid Items at the time of award. The Optional Bid Items may be awarded during project construction on a need only basis if funding is available.

3. The offeror shall provide a detailed cost breakdown to support each line item; labor, material and overhead.

4. Volumes are estimated quantities. Payment will only be for actual cubic yards of material installed.

5. The Corporation reserves the right to make award for only the Basic Bid Items, or for the Basic Bid Items and any combination of the Optional Bid Items, dependent upon the availability of funds.

Signature Date

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. Background:

Each winter the Great Lakes St. Lawrence Seaway Development Corporation (GLS or Corporation) performs inspections and winter maintenance on the Eisenhower and Snell Locks. Inspections during previous winter maintenance periods have indicated the need for concrete rehabilitation on the Eisenhower Lock’s diffuser pit walls. The intent of this project is to perform concrete rehabilitation in these damaged areas, including the demolition of concrete and installation of steel reinforcement as necessary.

C.2. Location:

The Eisenhower Lock is located in Massena, New York.

The diffuser pit is approximately 80’ wide by 105’ length and 14.5’ high and located approximately 53’ below the adjacent lower wall’s working surface with six recently installed primarily precast diffuser structures that replaced the original cast-in-place structures (diffusers). Photos and a reference drawing have been included for a general guide to the existing structures. Areas where concrete rehabilitation is required include, but are not limited to the following:

- East End of Pit (Stop Log Sill Wall) 80’ Wide X 14.5’ High Wall

- North Wall of Diffuser Pit, 15’ High Sections from floor of diffuser pit around Diffusers 4, 5, and 6.

- South Wall of Diffuser Pit, 15’ High Sections from floor of diffuser pit around Diffusers 4, 5, and 6.

*Note: Diffusers are numbered 1 through 6 from west to east.

C.3. Utilities

Process water, potable water, heat, air, and any other utilities needed for this scope of work shall be the responsibility of the Contractor. All temporary facilities, including restroom facilities, shall be provided by the Contractor. The GLS will provide the Contractor with two (2) load centers which will be located on top of the lock wall or other locations agreed upon by the Contractor and COR. There are physical limitations of where the load centers can be placed and still be able to be energized. Historically, there has been unscheduled temporary power loss to GLS facilities. Therefore, the Contractor shall make provisions and plan accordingly.

Each load center will provide the Contractor with a total electrical capacity of 60 amps of three-phase 208/120 volt power. The load centers each have six (6) 120V single phase twist-lock receptacles, 20 amp each, two (2) standard 120V single phase receptacles, 20 amp each, two (2) 208V three-phase twist-lock, 30 amps combined, and one 208V single phase twist-lock at 20 amps. All conductors, lights and outlets from there shall be provided by the Contractor. The Contractor shall provide any additional power required at his/her own expense.

Temporary wiring, extension cords and GFCI protection devices shall be properly sized and conform to applicable provisions of OSHA and the National Electrical Code. The Corporation will provide a maximum of two electric load centers concurrently. Any additional electrical power shall be provided by the Contractor at his/her own expense. Additionally, the GLS will not provide housing/break rooms and the contractor will be responsible for any and all utilities/facilities aside from the load centers indicated above.

C.4. Access

The diffuser pit floor is normally submerged in water. Demolition and construction work can only be done when the lock is out of service and dewatered during the annual winter navigation shutdown period (season). Access to the work areas is restricted in that the pit is about 65 feet below the adjacent lock wall surfaces. This will require temporary special access means such as construction stairways, elevators, etc. for personnel access, and crane service will be required to insert and remove materials and equipment. GLS cannot fully dewater the diffuser work area. Additionally, water will infiltrate into the dewatered areas. Water levels are anticipated to fluctuate by as much as approximately 4-feet in the work area. Therefore, the Contractor shall provide means to manage water in the work area as needed.

C.5. General Requirements

The Contractor shall provide all labor, equipment and materials required to complete this scope of work. All work shall be performed in accordance with American Concrete Institute (ACI) Specification for Shotcrete

506.2 and to generally accepted industry standards.

Concrete rehabilitation work will occur in locations throughout the diffuser pit area, with the bulk of the work (by volume) anticipated on the face of the stoplog sill when compared to other individual areas. Patches will vary in depth of new concrete throughout. Reference photos attached to this Scope of Work indicate areas of known deteriorated concrete in the diffuser pit. Additional areas in the diffuser pit not pictured in these photos may require rehabilitation work. GLS will identify areas after the Contractor has provided means of access to the dewatering pit. GLS and the Contractor shall agree on the pre-demolition and pre-placement volumes prior to demolition and placement respectively in order to determine the volumes for payment. The Corporation estimated the amount of repairs in each area based on cubic yards of shotcrete to be placed. The Contractor will only be paid for actual volumes of completed concrete demolition and rehabilitation at each location. Note that volumes of concrete waste, such as rebound or over spray, will not be paid for.

The Contractor shall complete the required preparation work for concrete rehabilitation in each location. The Contractor will be authorized to commence work within the diffuser pit after initial dewatering which is anticipated to be on or about January 9, 2023. All work within the diffuser pit shall be completed by no later than March 6, 2023. Under no circumstances shall the Contractor be authorized to access or have materials, tools or equipment within the diffuser pit work areas after March 6, 2023. The Contractor must demobilize all material, tools, equipment and debris by no later than March 13, 2023.

The Contractor shall provide means for heating work areas as necessary. Partitions and/or vapor barriers shall be erected and maintained by the Contractor to isolate the heating areas. The Contractor shall be responsible for a safe work environment and provide means to ensure work areas are accessible for work and inspection at all times. The Contractor shall submit a project safety plan for approval prior to mobilization for work.

The Contractor’s personnel must not drive vehicles or equipment over any recess covers or gratings located on the lock walls, nor set up cranes or outriggers on any recess covers or gratings because they are not designed for these loads. The locations of the recess covers and gratings are indicated on the contract reference drawings however, the Contractor is responsible for verifying the recess cover and grating locations in the field prior to submitting the work site layout plan for approval and commencing work.

C.6. Requirements for Shotcrete Application

This Scope of Work is for the application of concrete, also referred to as shotcrete, which is pneumatically projected at high velocity in accordance with the “dry” placement method where all ingredients are pneumatically conveyed dry to the nozzle for final mixing with water before projection onto the work surface.

The shotcrete dry mix may be supplied as a prepackaged single component dry product ready for field application. Mixing and application shall be performed in accordance with American Concrete Institute (ACI) Specification for Shotcrete 506.2. Portions of this specification with other special requirements are presented in this section.

i. Submittals: Submit the manufacturer’s product data and installation instructions for each material and ingredient used. Submit the mix design with proportions of all ingredients. Include the manufacturer’s Safety Data Sheets as appropriate.

ii. Quality Assurance: The manufacturer of single-component dry mix product shall be a company with at least 15-years of experience in the manufacturer and marketing of pre-packaged cementitious repair materials. The Contractor shall be experienced and qualified to perform the work and each nozzlemen shall be certified in accordance with requirements of ACI CP-60 Craftsman Work Book and the ACI 660 Shotcrete Nozzlemen Certification Committee. The Contractor shall ensure two (2) qualified nozzlemen are used to perform shotcrete application, due to the limited schedule available to complete work. A test panel of at least 2-feet square by 8-inches deep shall be prepared by the Contractor at the site for each day of shotcrete placement (at the Contractor’s expense). The test panels shall be cored by an approved laboratory (at the Contractor’s expense) for visual examination for bond and consolidation and compressive strength determination. Documentation of laboratory testing shall be electronically submitted to the Contracting Officer’s Representative (COR) within three days of receipt by the Contractor. Pursuant to the test panel findings, the completed work may also be cored by the Corporation for evaluation of the in-place bond, consolidation and compressive strength.

iii. Delivery, Storage and Handling: Deliver prepackaged shotcrete materials and cements in original packaging, labeled with product identification, manufacturer, batch number and shelf life. Store all ingredients in a dry area. Keep ingredients dry and protected from the weather, direct sunlight and freezing. Handle packaged materials in accordance with manufacturer’s printed recommendations.

iv. Materials: Shotcrete shall be KING Shotcrete RS-D1 or approved equal. The shotcrete material shall be a microsilica-fortified, air-entrained cement-based mixture of Portland cement, microsilica, air entrainment, pozzolans and graded aggregates. Coarse aggregates shall be no larger than 3/8-inch (0.375”) in size. The shotcrete shall comply with ASTM C 1480 Type FA. Grades GU, SR, LP. Water-cement ratio of the completed mix shall be no greater than 0.40. The 28-day compressive strength shall be at least 5,000 pounds per square inch (psi) as tested by an approved laboratory. The Contractor shall be responsible for obtaining testing and for associated costs to do so. Air content shall be 6 to 9 %. To reduce dust, pre-dampen pre-packaged shotcrete materials before they are conveyed to the nozzle.

Instructions provided by the manufacturer regarding mixing and handling shall be followed. Use only potable water in shotcrete.

v. Surface Preparation: The repair areas shall be dewatered as necessary to allow unobstructed dry access to all surfaces. Additionally, repair areas shall be dust/debris free and dampened prior to shotcrete placement. Weeps and/or 1-inch PVC pipes shall be placed prior to application to drain water in repair areas as directed by the COR. The Contractor shall perform all preparation to include squaring off repair areas, saw-cutting to sound concrete and installation of reinforcing mesh and bars. Do not use bonding agents. Saw cut the perimeter of each repair area to a depth of at least 1 inch to provide a clean and un-feathered edge. Using low energy hand or light mechanical methods, chip out and remove all unsound concrete. Removal shall be carried to sound concrete. The typical removal depth will be 4 to 8 inches, but could go as deep as 18 inches. Removal depths and locations shall be as directed by the COR. All demolished concrete shall be removed from the work location and disposed of in the Eisenhower Lock spoil area. After demolition is completed, install Welded Wire Mesh (WWM) 6 x 6 x W2.9 x W2.9 in the repair area and secure this mesh 12” o.c. with ¼” J-Style Hook Bolts as manufactured by Ameribest or approved equal, installed 12 inches on center each way. Use mesh pieces that are as large as practical. Lap adjoining mesh pieces at least one full mesh, and lace the splices with wire. Place at least 2 inches of concrete cover over all embedded steel.

vi. Grade and Alignment: The proper surface grade and alignment of the completed shotcrete shall be maintained by use of taut “ground” wires that are set to the original profile of the concrete base. The shotcrete can then be carried to the ground wires. A sufficient number of wires shall be used to ensure a square and even conformity to the original dimensions of the concrete base. Ground wires shall also be set at corners to ensure that the reconstructed corner conforms to the original geometry and dimensions.

vii. Application: Place shotcrete first into corners, recesses and other areas where rebound or overspray cannot escape easily. Hold the nozzle perpendicular to the receiving surface and move it in circles to improve consolidation and reduce rebound (separated aggregate that bounces or ricochets out of the placement). In corners, direct the nozzle at a 45-degree angle, or bisect the corner angle if different than 90 degrees. Rebound shall not be incorporated in the completed work. Apply the shotcrete in such a manner as to prevent sags and sloughing. Apply around reinforcing materials to completely encase it and have a free flow of material completely around the reinforcement so there are no voids. The front face of reinforcement shall remain clean during the encasement. Shotcrete shall not be deposited into standing or running water.

viii. Weather Conditions: Shotcrete application shall not be done in windy conditions that cause separation of the mix. The prevailing ambient temperature shall be maintained at least 50 degrees Fahrenheit.

Surfaces against which shotcrete is applied shall not be below 40 degrees Fahrenheit, and shall be free of frost. In the event the lower ambient and/or surface temperatures/conditions cannot be achieved, the Contractor shall provide means for suitable heat application. Shotcrete materials shall be no less than 50 degrees Fahrenheit or more than 100 degrees Fahrenheit, and surfaces against which shotcrete is applied shall be no greater than 100 degrees Fahrenheit.

ix. Finishing and Curing: Finish immediately after shotcrete application with a steel trowel to a smooth surface where necessary, with care to prevent loosening of the bond. Shotcrete application areas shall be cured at least three (3) days in accordance with Cast-in-Place concrete industry standards and, at a minimum, be maintained at an ambient temperature of 50 degrees Fahrenheit or greater. A gun finish is acceptable. However, the Corporation will utilize a straight edge to ensure no peaks/valleys and/or rolling surfaces. The straight edge (approximately 8’ in length) will be placed against the finished product in random positions and there shall be no more than 1/2” variance across the finished product.

x. Disposal: Contractor shall dispose of all materials, debris, rebound, packaging and any other items used in performance of this Contract per governing agencies having jurisdiction of the property. All items shall be hauled offsite for disposal and/or recycling. However, rebound demolished concrete and excess aggregate can be disposed of at Eisenhower Lock as directed by the COR. All waste shall be quantified by weight and submitted to the project COR prior to final payment.

C.7. Schedule

It is recommended that the offeror visit the site before quoting the work. A proper understanding of the physical conditions pertaining to the work may only be gained through an on-site visit. Failure to visit the site before quoting the work will not relieve the Contractor from the responsibility of proper fulfillment of the contract.

Arrangements must be made with the GLS Office of Engineering, Phone (315) 764-3256 (no collect calls) at least three business days in advance so that any requirements to enter GLS property can be conveyed and adhered to by the offeror. Any expenses incurred in the site visit will be borne by the offeror. All expenses associated with the site visit will be the responsibility of the offeror.

C.8. Responsibilities

The Corporation will be responsible for the following:

Dewatering the lock chamber (as described in this Contract) Providing up to two electrical load centers (as described in this Contract)

The Contractor shall be responsible for the following:

Personnel, materials, and equipment to complete the work.

Any utilities required to complete the work. Utilities include, but are not necessarily limited to, water, heat, electricity, restroom facility and lighting.

Contractor shall provide any crane and support equipment/labor.

C.9. Contract Drawing and Specifications These special provisions provide a basic description of the various tasks comprising the project and together with the technical specifications, contract drawings, reference drawings, approved submittals and referenced publications, codes and standards form the contract requirements for the project. The specifications and drawings are being furnished to the Contractor per Part III, Section J, List of Attachments, in an electronic format. Hard copies will not be furnished.

C.10. Environment Protection

i. 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 resources and involves noise, solid waste management and management of liquid and gaseous pollutants, radiant energy and radioactive materials as well as other pollutants. In order to prevent and 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 GLS notified.

ii. Notification. The COR will notify the Contractor whenever the GLS detects any noncompliance with the aforementioned Federal, State and/or local laws and 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 COR may issue an order stopping all or a 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 incurred by the Contractor.

iii. 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 activities to areas defined by the contract plans and specifications.

iv. Protection of Water Resources. The Contractor shall not pollute the ground or surface waters with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides or other harmful materials. The Contractor shall investigate and comply with all applicable Federal, State and local laws and regulations concerning pollution. The Contractor shall complete a thorough cleanup of work areas prior to March 13, 2023 so as to prevent debris polluting the river when GLS re-floods the diffuser pit.

v. Permits and Insurance. The Contractor shall be responsible for researching and obtaining all permits that may be required for the work. The Contractor shall also have insurance as appropriate for the class of work.

C.11. Plant The Contractor shall furnish all plant required for the performance of the contract. The 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.

C.12. Use of Explosives Blasting will not be permitted.

C.13. Safety The Williams-Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in 29 CFR 1926/1910, shall govern this contract. The U.S. Department of Transportation (DOT) Acquisition Directive (DAD) establishes the policy and procedures for on-site contractors reporting to a DOT facility or operational location during the on-going COVID-19 pandemic. The most up-to-date information regarding the COVID-19 can be found here: https://www.saferfederalworkforce.gov/overview/ .

C.14. Wage Rates:

In accordance with the requirements of Clause (a), Construction Wage Rate Requirements, (see 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.

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 to 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.

C.15. Other Work:

Maintenance work by GLS personnel and other work by other contractors may be in progress concurrently with the work under this contract. Only the Contractor's authorized personnel, subcontractors and suppliers shall be allowed to enter the work area. The Contractor shall fully cooperate with the GLS in all phases of the work and any disputes which may arise will immediately be brought to the attention of the Contracting Officer through the

COR.

END OF SECTION C

SECTION D

PACKING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the GLS Receiving Warehouse located at 251 Fregoe Road, Massena, NY 13662. Packaging must be labeled to include the Contractor’s name and contract number. The Contractor shall be responsible for any damaged or missing packages. Upon receipt, the Contractor shall examine all packages and make appropriate written exception for any goods not in apparent good order. The Contractor is responsible for contacting the shipping company for any damages or losses. The GLS will contact the Contractor when packages arrive. GLS cannot guarantee ability to store items delivered indoors. The Contractor shall have large and/or heavy items (exceeding 80 lbs) delivered directly to the work site.

Warehouse hours are 7:00am to 2:00pm on weekdays (except Federal holidays).

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

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

END OF SECTION E

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: (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work ready for use not later than March 13, 2023. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,679.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(c) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(d) An organized site visit has been scheduled for—

A site visit is not required but highly recommended. In order to attend the site visit, all offerors shall email Chora Young; purchasing@dot.gov no later than Tuesday, 11 October, 2:00pm EST. Please submit the following:

1. Company name

2. Names of individuals attending

Site Visit #1: Thursday, 13 October 2022, 9:00am EST:

Site Visit #2: Tuesday, 18 October 2022, 10:00am EST:

Participants will meet at— 190A Barnhart Island Road Massena, NY 13662

(End of provision)

F.1. SCHEDULES FOR CONSTRUCTION CONTRACTS.

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

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Lisa Healy, Head of the Contracting Activity (HCA), Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764.3275 and e-mail address lisa.healy@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 GLS's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

When in the opinion of the Contractor, the COR requests work outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action until the Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.

G.5. ADDITIONAL WORK

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

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

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

G.6. REQUESTS FOR PROGRESS PAYMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Name) (Title) (Date)

G.7. RELEASE OF CLAIMS

Upon completion of the work and prior to final payment, the Contractor shall furnish to the Contracting Officer a "Release of Claims," as specified in paragraph (h) of Contract Clause 52.232-5, "Payments Under Fixed-Price Construction Contracts," Part II, Section I, Contract Clauses.

G.8. INCORPORATION OF SECTION K BY REFERENCE

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

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

PREVENTION, RECYCLING, AND FEDERAL ACQUISITION

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

G.10. OTHER ADMINISTRATION DATA

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

G.11 PROPOSAL ORDER OF PRECEDENCE

(a) The contract includes the standard contract clauses and schedules included in the Request for Proposal. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc.. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform with all provisions of the contract, in the order of precedence herein.

(End of special contract requirement)

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. PERFORMANCE AND PAYMENT BONDS

52.228-15 Performance and Payment Bonds-Construction. Jun 2020 As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

(a) Definitions. As used in this clause- Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government 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.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. 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. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

H.2. SECURITY REQUIREMENTS

The Contractor shall be responsible for providing the Contracting Office Representative (COR) with the following information on all his/her employees and subcontractor employees assigned to work on site prior to commencing work. Information shall be submitted via email:

• Employee(s) name, color…