SOLICITATION_ROOF_REPLACEMENT.docx

SOLICITATION # DTSL55-13-B-C0777

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTSL55-13-B-C0777

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

July 08, 2013

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

13-N-C0777

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:

Patricia L. White, Contracting Officer Patrick Jacobs, Contract Specialist

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 315-764-3236, e-mail – patricia.white@dot.gov, or 315-764-3252, e-mail – patrick.jacobs@dot.gov

SOLICITATION

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

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

Furnish all plant, labor, equipment, and materials (except for Corporation-furnished services as described in Paragraph C.8 Corporation-Furnished Services) and perform all work to replace the EPDM membrane roof, insulation and appurtenances at the Administration Building, Operations and Vessel Traffic Control Building at Eisenhower Lock, and the Center Building at Snell Lock in Massena, New York.

This Procurement is a HubZone Set-Aside

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

11. The Contractor shall begin performance within 45 calendar days after receiving the notice to proceed and complete by 12/15/2013 This performance period is |X| mandatory, |_| negotiable. (See Section F)

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

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

|X| 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 1:00pm (hour) local time 08/12/2013 (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 |X| 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.

STANDARD FORM 1442

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)

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

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)

BY

31C. DATE

STANDARD FORM 1442 BACK

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

PART II – CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

STATEMENTS OF OFFERORS

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

UNIT

BASIC REQUIREMENT ITEMS

Administration Building

Eisenhower Lock

Snell Lock

All Locations

Basic Basic Requirement Items Total $___________

OPTIONAL REQUIREMENT ITEMS

Optional Requirement Items Total $___________

Basic And Optional Requirement Items Total $___________

INSTRUCTIONS TO OFFERORS

1. Each Offeror must complete all Basic Requirement Items Nos. 1. through 16. and Optional Requirement Items Nos. 17. through 20. The Corporation reserves the right to make award for Item Nos. 1. through 16., and the combination of Optional Requirement Items that the Corporation finds most advantageous considering price and other related factors. Some quantities in the bid schedule are estimated as the actual quantities are unknown at this time. The Corporation will only pay for actual quantities of work accomplished in accordance with the Schedule.

2. The Corporation will evaluate offers for award purposes by adding the total price for all Optional Requirements to the total price for the Basic Requirements. Evaluation of Optional Requirements will not obligate the Corporation to exercise the Optional Requirements.

3. Optional Requirement Items Nos. 17. through 20. shall be the incremental cost difference between the 20 year roofing system and manufacturer total roofing system warranty and the 30 year roofing system and manufacturer total roofing system warranty for that particular building.

Signature __________________________________________________ Date ___________________

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

SPECIAL PROVISIONS

Section C Table of Contents is under separate attachment in Section J.

C.1. DESCRIPTION OF WORK

The work covered by these specifications consists of furnishing all plant, labor, equipment and materials and performing all work for removal of existing equipment (except where otherwise specified), removal of EPDM roofing membrane and accessories/appurtenances, removal of insulation and anchorages, replacement or installation of insulation, installation of new fully adhered EPDM roofing membrane and accessories/appurtenances, reinstallation of equipment (except where otherwise specified) and provision of a high wind and extended period warranty for the entire roofing system (total roofing system warranty). The buildings will be occupied during the work under this Contract.

Four buildings situated at three separate facilities are included in this Invitation For Bid (IFB). The facilities are all located in Massena, NY. The first facility includes the Corporation Administration Building located at 180 Andrews Street. The roofs included consist of a four levels which total approximately 14,100 square feet (SF) and the front canopy which is approximately 370 SF. The second facility is the Eisenhower Lock, located at 190 A Barnhart Island Road. Work at this facility includes the Center Building (AKA McCann/Operations) roof, which is approximately 3,800 SF and the Vessel Traffic Control Building (AKA Oberlin/VTC) roof, which is approximately 1,900 SF. The third facility is the Snell Lock, located at 145 Snell Lock Road. Work at this facility includes the Center Building roof which is approximately 1,700 SF.

The purpose of the work, which is to be performed in accordance with the manufacturer’s requirements and these specifications, is to provide a complete weather-tight roofing system on each building awarded for roof replacement under this Contract. The work may also include limited repair or replacement of damaged/deteriorated wood nailers, metal roof decking, composite decking, and additional deck anchors, all of which will be subject to the approval of the Contracting Officer (CO) or Contracting Officer’s Technical Representative (COTR), as specified herein.

C.2. SCHEDULE

I. SCHEDULE

1. The Contractor shall, within 30 days of contract award, prepare and submit to the Contracting Officer for approval 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.

2. The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver an electronic copy of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the SECTION C (Cont’d)

Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Corporation. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

II. EXECUTION

A. WORK DAYS, SCHEDULE AND OFF SCHEDULE WORKDAYS

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. Work shall be completed within a normal 40 hour work week where workday schedules are maintained between the hours of 6:30am to 5:00pm weekdays, excluding Federal holidays. If the Contractor should determine that it is necessary for any work to be performed outside the normal schedule, then the Contractor shall request extended hours access and include the request on a revised Project Schedule. The revised Project Schedule shall be submitted to the COTR for written approval a minimum of 72 hours in advance to confirm the scheduled work. Work required off schedule, outside of the normal workday schedule, shall be subject to inspection costs and fees incurred by the Corporation for inspection of the off schedule work. These costs and fees incurred by the Corporations shall be paid by the Contractor. Off-schedule work hours requiring inspection will require COTR approval prior to commencement.

B. EARLY START FOR MOBILIZATION/LIMITED ACCESS

The Contractor may start mobilizing materials and equipment to limited site locations after receiving the notice to proceed. Conditional placement of materials or equipment may be allowed but only with written approval by the COTR. Approval shall not authorize the Contractor to limit Corporation use of and access to a facility.

C. COORDINATION OF THE CONTRACTOR’S WORK

The work for removing and reinstalling the communications equipment on the Administration Building roof shall be shown on the Project Schedule and shall be reconfirmed by the Contractor with the COTR 48 hours prior to the required special procedure. This work will be performed during the normal schedule hours referenced above unless otherwise approved by the COTR in writing. The COTR reserves the right to deny or reschedule work, if such action is needed due to operating demands, personnel availability, or other factors that will impact the Corporation's use of the facility. The CO alone may grant a time extension to the Contract period if rescheduling impacts the completion time.

C.3. DRAWINGS, ATTACHMENTS AND SPECIFICATIONS

The Reference Drawings together with these specifications detail the project requirements. The drawings, referring to existing conditions, were developed from prior project construction contract or record drawings but may not necessarily represent the exact as-constructed conditions. Therefore, a site visit is scheduled for the prospective bidders to assess existing conditions as described under Paragraph C.14. SITE VISIT.

See the list of attachments under PART III, SECTION J, LIST OF ATTACHMENTS.

SECTION C (Cont’d)

C.4. WORK SITE REQUIREMENTS, UTLITIES AND OPERATIONS

1. GENERAL

A. DESCRIPTION

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 and facilities as well as from information presented by the reference drawings and these specifications.

The Corporation assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Corporation. Nor does the Corporation assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. 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. OTHER WORK

Work by Corporation personnel and other contracting entities may be in progress at a 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 COTR by the Contractor.

II. UTILITIES

A. UTILITIES AND SUPPORT PROVISIONS

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

2. Electricity. The Contractor shall provide all electrical power for all work at each building. All wiring and extension cords, heat, and lights shall be provided by the Contractor. 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.

SECTION C (Cont’d)

3. Potable and Process Water. All potable and process water required for the work shall be provided by the Contractor at his/her own expense.

4. Sanitary Facilities. The Contractor shall provide sanitary facilities including chemical toilets within his/her work area. All sanitary facilities shall be compliant with the New York State Department of Health and applicable OSHA Standards. The capacity of the toilets shall be sufficient to provide for the needs of the Contractor’s personnel. All sanitary facility waste shall be properly disposed of in accordance with applicable regulatory requirements.

5. Heat. The Contractor will be required to provide all necessary heat using heaters of a type acceptable to the COTR for the work to enable proper and safe work.

6. Fuel Storage. On-site, temporary fuel storage will not be allowed unless the method of storage is approved in writing by the COTR. All fuel storage shall be provided with secondary containment to prevent accidental spills from entering the surrounding environment.

7. 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 prosecution of the work and inspection. All lighting shall be of a type and design for safe operation in the atmosphere where proposed for use and must be acceptable to the COTR.

8. Provisions for Communications. The Contractor shall provide mobile cellular telephone or other communications capabilities at all times during the Contract, 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.

B. ACCESS AND OPERATING AT CORPORATION FACILITIES

1. Site Access. Access to the work site shall be through public streets and Corporation property, streets and facilities. Only the Contractor's authorized personnel and traffic will be allowed to enter the work areas. The Contractor shall be required to supply a list of workers proposed for the project and all workers must comply with security requirements for access to the site(s) during the project.

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

The Contractor shall preserve and protect all vegetation, structures, equipment, utilities and improvements on or adjacent to the work site including adjacent property of a third party.

All buildings are occupied and operating and shall continue to be throughout the work. The Contractor shall provide the necessary labor, materials and equipment to protect buildings and minimize dirt, dust and noise from impacting occupants and operations at each building.

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.

SECTION C (Cont’d)

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 approved in writing by the COTR.

4. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the COTR. Vehicles required to transport equipment and materials to and/or from the work site shall not be parked at the work site for more than 48 hours without prior approval of the COTR.

5. Work Areas and Access. The work site required by this contract will include the building roof(s), access area(s) and staging and storage area(s). Access to the individual buildings shall be in such a manner as to not inhibit safe ingress or egress from the building, including garage parking at the Administration Building, or circulation of traffic around a building. The Contractor’s personnel, vehicles or equipment shall not go anywhere near the lock walls. Gratings and covers on the lock walls are not designed for vehicle or equipment loads. Access to buildings shall be as shown on the Contractor’s approved Staging, Storage and Access Plan.

6. Restricted Areas. The Contractor will be required to confine his/her operations to the work and staging, storage and access areas. The site access and circulation roads, parking areas and Corporation building interiors 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 COTR. The Contractor requested access shall require approval of the COTR.

7. Snow Removal. The Contractor shall be responsible for all snow removal necessary to maintain the Contractor’s work area. Snowplowing and sanding will be provided by the Corporation for roadway access to the work site. 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 roadway, as deemed necessary by the Contractor, to maintain his/her work schedule will be by and at the expense of the Contractor.

8. Use of Corporation Facilities. Except as otherwise authorized in writing by the COTR, the Contractor shall not use Corporation telephones, restrooms, break rooms, or other facilities provided for Corporation employees. The Contractor shall not use the Corporation's mailing address to receive mail.

9. Clean Up, Ongoing and Final. The Contractor shall at all times keep the work area, 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 area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. All waste shall be handled in accordance with the Contractor’s Solid and Hazardous Waste Management Plan.

C.5. INSPECTION AUTHORITY

The CO has ultimate responsibility for Contract administration. Limited authority shall be delegated to the COTR appointed for this Project. The COTR 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.

SECTION C (Cont’d)

The Contractor's work will be inspected by the COTR and may be supplemented by employees of a Contracted Inspection and Testing (CIT) firm. The CIT firm will be responsible to the CO and report regularly to the COTR. The COTR or the CIT firm, in the absence of the COTR, will have the authority to reject work not conforming to the specifications or contract drawings. Each step of construction is subject to approval by the COTR 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 COTR, CIT firm 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 COTR, Corporation safety and health representative, or the CIT firm in the absence of the COTR will have the authority to stop the work. In the case this is necessary, the responsible party must notify the CO and COTR within one (1) hour of such occurrence.

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

The Project line of authority will be presented at the Preconstruction Conference.

C.6. LAYOUT OF WORK

The Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, 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 drawings or as may be established or indicated by the COTR. It shall be the responsibility of the Contractor to maintain and preserve all controls established until authorized to remove them. All elevations on the reference drawings are based on the datum noted on the drawing.

C.7. CONTRACTOR-FURNISHED MATERIALS AND WORKMANSHIP

I. GENERAL

The Contractor shall furnish all materials, equipment and services that are required for the satisfactory completion of this contract except those supplied by the Corporation as described in Paragraph C.8. CORPORATION-FURNISHED SERVICES, EQUIPMENT AND MATERIALS. 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.

SECTION C (Cont’d)

II. PRODUCTS

A. MANUFACTURER

(a) The Contractor shall obtain the Contracting Officer’s or the COTR’s approval of the materials to be incorporated into the Work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the materials. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. 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 of the same kind, type, or classification and being used for identical types of service, shall be made by the same manufacturer and model.

B. SAMPLES

The Contractor shall, when required, submit to the Corporation for approval, typical or representative samples of material and/or appurtenances as directed. The samples shall be properly identified by tags or labels and shall be submitted sufficiently in advance of the time when they are to be incorporated into the work so that rejections thereof will not cause delay. A letter of transmittal from the Contractor requesting approval shall accompany all such samples. Verification samples may be secured by the Corporation in the field for delivered material confirmation.

C. EQUIVIALENT QUALITY

Whenever material 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 is equal and conforms to the Contract requirements. The decision as to whether or not such material is equal to that specified shall be made by the CO.

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.

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

D. 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 a. below, Paragraph a. shall take precedence over meeting the UL™ standard.

SECTION C (Cont’d)

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.

− Air Conditioners − Ballasts − Boilers − Chillers − Doors − Electric Motors − Furnaces − Heat Pumps − Lamps − Lighting Controls − Luminaries − Plumbing (faucets, showerheads) − Roofs SECTION C (Cont’d)

− 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) Use of Integrated Pest Management Practices and Products

The Contractor shall include the use integrated pest management techniques as appropriate to minimize pesticide usage within the project. Only EPA-registered pesticides will be used and only when needed.

d) 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 SECTION C (Cont’d) 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.8. CORPORATION-FURNISHED SERVICES

I. CORPORATION-FURNISHED SERVICES

A. RELOCATION OF ROOF MOUNTED COMMUNICATIONS EQUIPMENT

The Contractor shall provide the date work is to start at the Administration Building on the Project Schedule, and confirm to the COTR the start date five (5) calendar days in advance. The Corporation will remove and relocate communications equipment from the high roof at the Administration Building. Then the Corporation will reinstall the communications equipment in the same location as originally installed, after the Contractor has completed the roof installation in the vicinity where the communications equipment will be reinstalled. The Contractor shall provide the details for the reinstallation to the COTR and shall SECTION C (Cont’d) provide and install any materials required to conform with the manufacturer’s warranty requirements for that installation.

C.9. CONTRACTOR-FURNISHED PLANT

The Contractor shall furnish all plant for prosecution of the work to meet the requirements of these contract documents. The Contractor-furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work and comply with all applicable OSHA requirements. The plant shall be subject to the inspection of the COTR at all times. The Contractor shall indicate the minimum plant which he/she agrees to place on the job in the "Statement of Plant", 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. MOBILIZATION

I. GENERAL

A Mobilization Bid Item is established for each building including the Administration Building and each of the three Lock facility buildings. Payment for mobilization will include: costs associated with preparatory work and operations necessary to begin the Project, including but not limited to those operations necessary for moving of personnel, equipment, plant, and all else necessary (excluding the cost of construction materials) to commence work at a facility; the cost of insurance, bonds, shop drawings and submittals, preconstruction expenses; and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by the contract documents and specifications and compliance with all applicable Federal, State, and Local laws and regulations and not included in other Contract Bid Items.

C.11. ENVIRONMENT PROTECTION

I. GENERAL

A. DESCRIPTION

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 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, County and Local laws and regulations concerning environmental pollution control and abatement.

B. ENVIRONMENTAL REPRESENTATIVE

Within thirty (30) days of the Notice to Proceed, the Contractor shall submit to the Corporation, the name and qualifications of the Contractor’s Environmental Representative in environmental matters. This representative is responsible for any questions pertaining to the environment and waste management, and is responsible at all times, throughout the entire duration of the work at the site for ensuring that all the Contractor’s activities are carried out in compliance with applicable environmental laws, acts, regulations, codes, policies, instructions and guidelines. The Environmental Representative shall be responsible for compliance with waste handling, containerization and labeling, manifesting, transportation and treatment and disposal requirements in accordance with these specifications and the Contractor’s applicable Plan submittals.

C. REFERENCES

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

1. Code of Federal Regulations (CFR)

Note: The latest issue, revision, or amendment of the referenced standards in effect on the date of Invitation For Bids shall govern unless otherwise specified.

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

E. NOTICES

1. By the Contractor. Should the Contractor become aware of any apparent or actual non-compliance with applicable Federal, State, County or Local laws or regulations or a discharge of regulated materials, the Contractor will notify the CO or designee immediately.

2. By the Corporation. The CO or appointed designee will notify the Contractor of any noncompliance, with the aforementioned Federal, State, County or Local laws or regulations, detected by the Corporation. Such notice, when delivered to the Contractor or his/her representative, shall be deemed sufficient for the SECTION C (Cont’d) purposes of this paragraph. The Contractor shall, after receipt of such notice, immediately inform the COTR of the proposed corrective action and take such action as may be appropriate. 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. No part of the time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor.

F. ENVIRONMENTAL PROTECTION

1. Protection of Land Resources. The protection of land resources on this project are the responsibility of the Contractor. 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.

2. Protection of Water Resources. The protection of water resources on this project are the responsibility of the Contractor. 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 and regulations concerning protection of the St. Lawrence River and its tributaries from pollution.

3. Protection of Air Resources. The Contractor shall comply with all applicable Federal, State, County, and Municipal laws and regulations concerning air quality control, VOC content of materials utilized during the work and the requirements of this specification.

C.12. DISPOSITION OF SOLID WASTE

I. GENERAL

Any solid waste, construction and demolition debris (C&D) or extra materials (including rubble, brush, dirt, trash, sludge, packing crates, boxes, etc.), or materials removed, will be the Contractor's responsibility for proper recycling or disposal at his/her own expense in strict accordance with New York State Department of Environmental Conservation regulations, the Contractor’s Solid and Hazardous Waste Management Plan 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 all 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 paper scraps, boxes, adhesive containers, scrap metal, and…