IFBCONCRETE_REHAB_IKE.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTSL5517B0075

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

August 8, 2017

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Attn: Contracting Office

180 Andrews Street

Massena, New York 13662

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Contracting Office

180 Andrews Street

Massena, New York 13662

9. FOR

INFORMATION

CALL:

► A. NAME

Patricia White

Contracting Officer

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

(315) 764-3236 e-mail – patricia.white@dot.gov

SOLICITATION

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

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

Furnish all plant, labor, equipment, and materials (except for SLSDC provided components) to rehabilitate concrete for the north culvert recess at Eisenhower Lock located in Massena, NY. The work includes furnishing all labor, materials and equipment to rehabilitate portions of damaged concrete in the approximately 12' wide x

14' high x 860' long culvert recess concrete structure utilizing dry mix shotcrete application methods. This work also includes furnishing lights, heat, water and all other utilities during construction. The culvert recess is located approximately 100' below the top of the lock wall working surface and will require working platforms within the underground structure such as a scissor lift to access the rehabilitation work areas.

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

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

11. The Contractor shall begin performance within 10 calendar days after receiving the notice to proceed and complete by (See Section F, Page 11)

This performance period is mandatory, negotiable

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

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

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1:00 (hour) local time 09/08/17(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.

http://www.sam.gov/

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item

13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS ►

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

► 27

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

US DEPARTMENT OF TRANSPORTATION

SAINT LAWRENCE SEAWAY DEVELOPMENT CORP

180 ANDREWS STREET

MASSENA, NY 13662

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD ( Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30c. DATE 31B. UNITED STATES OF AMERICA

BY

31C. DATE

STANDARD FORM 1442 BACK

IFB# DTSL5517B0075

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM – TABLE OF CONTENTS 1 – 2

B SUPPLIES OR SERVICES AND PRICES/COSTS 3

C DESCRIPTION/SPECS/WORK STATEMENT 4 – 8

D PACKAGING AND MARKING 9

E INSPECTION AND ACCEPTANCE 10

F DELIVERIES OR PERFORMANCE 11

G CONTRACT ADMINISTRATION DATA 12 – 14

H SPECIAL CONTRACT REQUIREMENTS 15

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 16 - 21

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 22

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 23 – 25

STATEMENTS OF OFFERORS

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 26 – 28

M EVALUATION OFFERS FOR AWARD 29

END OF SECTION A

IFB #DTSL5517B0075

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

BASIC REQUIREMENTS

Item

No.

Schedule of

Supplies/Services Quantity Unit Unit Price Amount

1. Mobilization of all equipment and materials FOR THE

JOB

L. S. $____________ $____ ________

2.

Place repair concrete as described in the Statement of Work and as directed by the SLSDC

ESTIMATED

C.Y. $___________ _ $____ __ ______

3.

Mobilization, demobilization and operation of a crane

FOR THE

L. S. $__________ __ $____________

4.

Demobilization of all equipment and materials

FOR THE

L. S. $________ ____ $____________

Optional Requirement:

5. Place repair concrete as described in the Statement of Work and as directed by the SLSDC in ESTIMATED excess of 75 C.Y. 15 C.Y. $ __ $ __

TOTAL: $____________

SPECIAL INSTRUCTIONS

1. The quantities for concrete placement (Line Item No. 2 and Line Item No. 5) are estimated. The Contractor will only be paid for the verified quantities placed at the unit price awarded.

2. The SLSDC will evaluate bids for award purposes by adding Line Items 1 through 5.

The estimated price range of this project is between $250,000 and $500,000.

END OF SECTION B

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT

SPECIAL PROVISIONS

I. Background:

Each winter the Saint Lawrence Seaway Development Corporation (SLSDC) performs inspections and winter maintenance on the Eisenhower and Snell Locks. Each year during winter maintenance, the SLSDC will contract maintenance work based on project requirements. Inspections during previous winter maintenance periods have indicated the need for concrete rehabilitation in the Eisenhower North Culvert (culvert). The intent of this project is to perform concrete rehabilitation in damaged areas of the culvert.

II. Location:

The Eisenhower Lock is located in Massena, New York. The culvert is approximately 12’ high by 14’ wide by 860’ long and is approximately 100’ below the top of the lock wall on the upstream end and 120’ below the top of wall on the downstream end. Work will be performed on the ceiling, and walls of the culvert.

III. Utilities:

Process water, potable water, electric, 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 also be provided by the Contractor.

IV. Access:

The SLSDC will dewater the locks, but it is anticipated that some work areas may require the Contractor to erect cofferdams (or equivalent) and a pump to dewater the work area. Contractor should expect a water depth up to 6”. The Contractor is responsible for providing any and all cranes. The dimensions of clearance to mobilize equipment and materials through the culvert valve recess are limited due to the culvert valve and its mechanisms at the base of the recess. In the past, the SLSDC was able to pick and lower a Case SR210 skid steer, with the bucket attachment, into the culvert via the culvert valve recess.

Personnel access to the culvert on a regular basis shall be through the intakes and the diffusers via temporary access stairways provided and installed by the SLSDC. The access stairways shall be utilized as a means of personnel access only. The Contractor shall furnish and install work platforms, such as scissor lifts, or other means required to complete the work. Refer to the reference drawings attached to this IFB which show a layout of the Eisenhower lock with approximate locations of the access stairways, culvert valve recess and details on the dimensions of the culvert. These drawings are for reference only and should not be scaled or used to represent actual conditions.

Snowplowing and sanding will be provided by the SLSDC for roadway access to the work site and in the parking area however, it must be expected that at times of sudden, unpredictable and/or heavy snowstorms, the snow removal may be delayed. Any additional snow or ice removal or sanding as deemed necessary by the Contractor to maintain his/her work areas and schedule shall be by and at the expense of the Contractor.

V. Scope of Work:

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 industry standards.

The SLSDC estimates 75 cubic yards of concrete rehabilitation will be required, but the final volume may differ. The Contractor will be paid for actual work completed. Concrete rehabilitation work will occur in locations throughout the culvert and will vary in the depth of new concrete from location to location. The

SLSDC will complete the required preparation work for concrete rehabilitation. The Contractor will be authorized to commence work on or about February 12, 2018 and shall complete work no later than March 2, 2018. Under no circumstances shall the contractor be authorized to work within the culvert or have materials, tools or equipment within the culvert after March 2, 2018.

The Contractor shall provide means for heating the culvert as necessary. Additionally, partitions and/or vapor barriers shall be erected to isolate the heating area by the Contractor. The Contractor shall be responsible for a safe work environment at all times. The Contractor shall submit a safety plan for approval prior to commencing work.

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. Shotcrete shall be KING Shotcrete RS-D1 or approved equal. 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.

1. 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.

2. Quality Assurance: The manufacturer of single-component dry mix product shall be a company with at least fifteen 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. Contractor shall ensure 2 qualified nozzleman are on-site while shotcrete is being performed. 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 contractor’s expense). The test panels shall be cored by the Contractor and/or its approved laboratory for visual examination for bond and consolidation and compressive strength determination. Pursuant to the test panel findings, the completed work may also be cored by the SLSDC for evaluation of the in-place bond, consolidation and compressive strength.

3. 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.

4. Materials: The shotcrete is 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. Air content shall be 6 to 9 %. To reduce dust, predampen 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.

5. Surface Preparation: The repair area shall be dewatered as necessary to allow unobstructed dry access to all surfaces. Additionally, repair area shall be dust/debris free and dampened prior to shotcrete placement. The SLSDC will perform all other preparation to include squaring off repair areas, saw-cutting to sound concrete and installation of reinforcing mesh and bars. Do not use bonding agents.

6. 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 insure 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.

7. 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.

8. 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 32 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.

9. 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 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 SLSDC 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 ½” variance across the finished product.

10. Disposal: Any waste material (except for concrete waste, unused fresh concrete and concrete truck/equipment washout) to be spoiled in the completion of the work shall be removed from the work site by the Contractor and disposed at his/her own expense in strict accordance with all applicable

Federal, State and Local laws and regulations, the Contractor’s Solid and Hazardous Waste

Management Plan and these provisions. The Contractor may spoil concrete waste, unused fresh concrete and concrete truck/equipment washout at the SLSDC spoil area north of Eisenhower Lock.

VI. Responsibilities:

The SLSDC will be responsible for the following:

o Dewatering the lock chamber (Contractor to control low spots and/or run-in) o Concrete Preparation (less dust that settles after preparation and water blasting) o Stairwells/scaffolding in the tear drop and diffuser

The Contractor will be responsible for the following:

o Personnel, materials, and equipment to complete the work.

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

o Contractor to provide a crane and support equipment/labor.

VII. 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

(CD) format. Hard copies can be furnished upon request at the cost of reproduction and are available from the

Office of Engineering and Maintenance, Saint Lawrence Seaway Development Corporation, 180 Andrews

Street, Massena, New York 13662.

VIII. Environment Protection:

1. 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 SLSDC notified.

2. Notification. The COTR will notify the Contractor whenever the SLSDC 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 COTR of the proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the COTR 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.

3. 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.

4. 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.

5. 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.

IX. Site Visit:

The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions, under which the work must be accomplished under the contract.

The offer shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed. Offerors are invited to visit the work site(s) in Massena, NY on Wednesday, August 23, 2017 @ 1:00pm. Arrangements must be made with Brian Tulip at (315)-764-3256 or brian.tulip@dot.gov . Any expenses involved with the site visit shall be borne by the offeror.

mailto:brian.tulip@dot.gov

X. 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

XI. Use of Explosives:

Blasting will not be permitted.

XII. Safety:

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

1926/1910, where applicable, shall govern this contract. The Contractor shall be responsible for a safe work environment at all times. The Contractor shall submit a safety plan for approval prior to commencing work.

The Contractor shall follow lock-out-tag-out (LOTO) procedures and shall furnish their own locks and tags for any operating equipment that might affect the work areas. The Contractor shall provide OSHA compliant first aid and rescue equipment and/or personnel for use in treating and evacuating injured personnel from the work area.

XIII. Wage Rates:

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

II, Section I, General Provisions, Clause 52.222-6 of this contract, the minimum wages to be paid to laborers and mechanics on this project, as most recently determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth in Attachment I. The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

2. 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.

XIV. Other Work:

Maintenance work by SLSDC personnel and other work by 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 SLSDC 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.

XV. Acceptance of Work.

After completion of all work contracted for, the COR or his designee will examine the work for final acceptance and approval by the Contracting Officer.

END OF SECTION C

SECTION D

PACKAGING AND MARKING

1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the S LS D C Receiving Warehouse located at 251

Fregoe Road, Massena, NY 13662. Packaging must be labeled to include the Contractor’s name and contract number. The Contractor shall be responsible for any damaged or missing packages. Upon receipt, the Contractor shall examine all packages and make appropriate written exception for any goods not in apparent good order. The

Contractor is responsible for contacting the shipping company for any damages or losses. The SLSDC shall make every effort to contact the Contractor when packages arrive. The Contractor shall have large and/or heavy items (exceeding 80 lbs) delivered directly to the work site.

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

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

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

END OF SECTION E

http://www.acquisition.gov/far/

SECTION F

DELIVERIES OR PERFORMANCE

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

1. 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)

(tailored to read as follows)

The Contractor shall be required to (a) commence work under this contract , (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than March 2, 2018. * The time stated for completion shall include final cleanup of the premises.

* The Contractor will be authorized to commence work on or about February 12, 2018 and shall complete work no later than March 2, 2018.

2. 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

http://www.a/

SECTION G

CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATOR.

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

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (SLSDC). 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.

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 SLSDC 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.

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.

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

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

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

Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.

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 SLSDC.

6. REQUEST 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. A retainage amount of ten (10) percent will be withheld from each progress payment.

(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) Requests for partial or whole payment of retained funds shall not be approved before all deliverable documents required by this Contract have been received and accepted by the Contracting Officer.

(4) 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)

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.

8. INCORPORATION OF SECTION K BY REFERENCE.

In accordance with FAR 15.204-1(b), 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.

9. 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.

10. COMPLIANCE WITH EXECUTIVE ORDERS.

• EXECUTIVE ORDER (EO) 13043: INCREASING SEAT BELT USE IN THE UNITED STATES

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

11. ACORN PROHIBITION.

In accordance with Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Pub. L. No. 111-68

(CR), Contractors shall not provide Federal funds to ACORN (Association of Community Organization for Reform

Now) or its affiliates as subcontractors or other subrecipients. Contractors are required to notify the SLSDC of any existing subcontracts, or other subrecipient agreements with ACORN or its affiliates and of how the contractor is planning to comply with the prohibition with respect to those subcontracts or subrecipient agreements. Any questions regarding this prohibition shall be directed to the SLSDC Contracting office.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

1. PERFORMANCE AND PAYMENT BONDS.

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

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

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

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

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

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

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

b. For contracts greater than $30,000, but not greater than $150,000, the Contractor shall submit one of the following payment protections:

• Payment bond

• Irrevocable letter of credit (ILC)

• Certificate of deposit

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

2. SECURITY REQUIREMENTS.

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

• Employee(s) name

• Copy of employee(s) driver’s license

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

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

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

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

END OF SECTION H

PART II

SECTION I

CONTRACT CLAUSES

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

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

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

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

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-4 PRINT OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

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

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

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.214-29 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (JAN 1986)

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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

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

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

52.222-3 CONVICT LABOR (JUNE 2003)

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

(MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

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

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

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

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

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

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

(DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

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

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013)

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

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

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

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)

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

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

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

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

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

52.228-11 PLEDGES OF ASSETS (JAN 2012)

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

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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

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

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

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

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

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

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

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

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

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

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

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

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

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

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

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

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY OF UTILITY SERVICES (APR 1984) – See Section C, Page 4

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

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

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-4 CHANGES (JUNE 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING-CONSTRUCTION (OCT 2015) ALTERNATE I (APR 1984)

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

(APR 2012) ALTERNATE I (SEPT 1996)

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause—

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

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

22.1301.

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

41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts.