20170104_-_DTSL5517Q0100_-_RFQ.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTSL55-17-Q0100

2. TYPE OF SOLICITATION

Request For Quotation

(RFQ)

NEGOTIATED (RFP)

3. DATE ISSUED

4 January 2016

PAGE OF PAGES

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

4. CONTRACT NO.

TBD

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: ►

Primary: Alternate:

Patricia White Steven Latulipe

Contracting Officer Contract Specialist

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

(315) 764-3236 (315)764-3260 e-mail – patricia.white@dot.gov steven.latulipe@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):

The Saint Lawrence Seaway Development Corporation (SLSDC) is soliciting quotes to rehabilitate the concrete for the south culvert recess structure (culvert recess) at Eisenhower Lock located in Massena, NY. The work includes furnishing all labor, materials, and equipment (other than Corporation-furnished items as described in Paragraph 4) to rehabilitate portions of damaged concrete in the approximately 12' wide x 14' high x 860' long concrete structure utilizing dry mix shotcrete application methods. The culvert recess is located approximately 100' below the top of the lock wall working surface and will require working platforms such as a scissor lift to access work areas. All concrete preparation (i.e. chipping, saw cutting, etc.) will be completed by the SLSDC. The contractor will be responsible for furnishing lights, heat, water, and all other utilities during construction. Not all areas of the structure will require rehabilitation. This is a total small business set-aside procurement. NAICS Code: 238110; Size Standard: $15.0M. Firms must be registered in the System for Award

Management (SAM) at www.sam.gov to be eligible for award.

11. The Contractor shall begin performance on or about 13 February 2017 and complete by 3 March 2017

This performance period is 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.)

YES NO (PAYMENT BOND ONLY)

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 (hour) local time (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 provided to SLSDC with acceptance after 20 calendar day of the date offers are due will not be considered and will be rejected.

mailto:patricia.white@dot.gov mailto:steven.latulipe@dot.gov

DTSL55-17-Q-0100

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)

Or by email to sls.finance@dot.gov

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Department of Transportation

Saint Lawrence Seaway Development Corporation

Finance Office

180 Andrews Street

Massena, New York 13662

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

SIGN (Type or print)

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

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

BY

31C. DATE

mailto:sls.finance@dot.gov

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

A SOLICITATION/CONTRACT FORM – TABLE OF CONTENTS 1-3

B PRICES/COSTS 4-5

C DESCRIPTION/SPECS/WORK STATEMENT 6-12

D CONTRACT ADMINISTRATION DATA 13-15

E SPECIAL CONTRACT REQUIREMENTS 16

F CONTRACT CLAUSES 17-21

G LIST OF ATTACHMENTS 22

H REPRESENTATIONS AND CERTIFICATIONS 23-26

I INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 27

SECTION B

PRICES AND COSTS

Item No.

Schedule of

Supplies/Services Quantity Unit Unit Price Amount

Basic Requirement

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

Corporation

Est. 100 C.Y. $____________ $____________

3. Demobilization of all equipment and materials

FOR THE

JOB

L. S. $____________ $____________

Total Basic Requirement (No. 1, 2, and 3) $____________

Optional Requirements

4. Mobilization, demobilization and operation of a crane

FOR THE

JOB

L. S. $____________ $____________

5 Nozzleman training on the job for Corporation personnel

3 Days $____________ $____________

Total Basic and Optional Requirements $____________

Notes

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

2. Line Items No. 4 and 5 are optional items. The Corporation will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Corporation to exercise the option(s).

3. The Corporation will evaluate offers in response to this solicitation without discussions and will award a contract to the responsible bidder whose offer, conforming to the solicitation, will be most advantageous to the Corporation, considering only price and the price related factors specified elsewhere in the solicitation.

4. A contract will be awarded only if the price is within available funding appropriations and relates to the Corporation’s concept of the project.

5. A determination by the Contracting Officer that a prospective bidder is fully qualified and responsible is a prerequisite for contract award. Prior to award, the Corporation will perform a business and financial responsibility check of the apparent low bidder. Areas of responsibility include: adequate financial resources or the ability to obtain them; comply with the required delivery or performance schedule; satisfactory performance record; has the necessary production, construction, and technical equipment and facilities or the ability to obtain them; and has the necessary organization, experience, and technical skills or the ability to obtain them.

As part of the responsibility check, the Corporation will assess the certification of the nozzlemen. The offeror is required to submit certifications as described on Pages 7 and 8 of the solicitation.

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT

GENERAL:

The Saint Lawrence Seaway Development Corporation (Corporation) is a wholly owned U.S. Government corporation within the U.S. Department of Transportation, which owns and operates that portion of the St.

Lawrence Seaway in U.S. territorial waters between Lake Ontario and Montreal, Canada. The Corporation’s mission is to facilitate the safe and efficient passage of commercial vessels through the Seaway. A major part of this function is the continued maintenance of and improvements to the Eisenhower Lock which is located in

Massena, New York.

BACKGROUND:

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

LOCATION:

The Eisenhower Lock is located in Massena, New York. A site visit of the lock is strongly recommended for any

Contractor interested in providing a bid. Available site visit times are identified within the bid package.

The culvert recess 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 floor, ceiling, and walls of the culvert recess.

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 be provided by the

Contractor.

ACCESS:

The Corporation 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. The Corporation will provide a man basket and crane (operated by the Corporation) for access to the culvert recess through the culvert valve recess. The Contractor will be required to coordinate crane lifts with Corporation personnel on a regular basis, and give at least a 48-hour notice prior to requiring assistance. The crane will be made available for two (2) 8-hour days for mobilization and two (2) 8-hour days for demobilization. For all other working days, the crane will be available for 2-4 hours per day.

The Contractor is responsible for providing picking locations on loads to be lifted by the crane. 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 Corporation was able to pick and lower a Case SR210 skid steer, with the bucket attachment, into the culvert recess via the culvert valve recess.

Due to potential unavailability of a crane for this work, there is a separate bid item for the Contractor to provide a crane and applicable personnel to complete this work. Should the Corporation select to have the Contractor mobilize a crane, then the Corporation will not provide crane support. Personnel access to the culvert recess on a regular basis shall be through the intakes and the diffusers via temporary access stairways provided and installed by the

Corporation. 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 (Enclosure B), 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 recess. These drawings are for reference only and should not be scaled or used to represent actual conditions.

PROJECT 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 Corporation estimates 100 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 recess and will vary in the depth of new concrete from location to location. The Corporation will complete the required preparation work for concrete rehabilitation. The Contractor will be authorized to commence work on or about February 13, 2017 and shall complete work no later than March 3, 2017. Under no circumstances shall the contractor be authorized to work within the culvert recess or have materials, tools or equipment within the culvert recess after March 3, 2017.

The Contractor shall provide means for heating as necessary. Additionally, partitions and/or vapor barriers shall be erected to isolate heating areas 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.

REQUIREMENT 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 QUICKRETE

Shotcrete MS 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 nozzlemen shall be certified in accordance with requirements of ACI CP-60 Craftsman Work Book and the ACI

660 Shotcrete Nozzlemen Certification Committee. 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. 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 Corporation 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 Corporation 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 insure 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. The contractor may dispose of unused concrete at a designated SLSDC location.

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, 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.

RESPONSIBILITIES/CORPORATION-FURNISHED ITEMS.

SLSDC assumes responsibility 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) o Stairwells/scaffolding in the tear drop and diffuser o Crane for mobilization/demobilization plus 2-4 hours per day if the Corporation chooses not to select the Bid Item option for the Contractor to provide a crane.

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 limited to, water, heat, electricity, restroom facility and lighting.

o Crane if the Corporation chooses to select the Bid Item option for the Contractor to provide a crane.

WORK SITE REQUIREMENTS.

1. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, uncertainties of weather or similar physical conditions at the site, the conformation and conditions of the ground and structures, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he/she has satisfied him/herself as to the character, quality and quantity of surface and subsurface materials or interference from existing structures or related facilities to be encountered insofar as this information is reasonably ascertainable from an inspection of the site as well as from information presented by the contract and reference drawings and these specifications. If the Contractor fails to properly acquaint him/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. The Contractor shall be responsible for performing all work in strict accordance with applicable Occupational Safety and Health Administration (OSHA) Regulations and the

Corporation’s Safety and Health policies.

2. Sanitation. The Contractor shall provide chemical toilets within his/her work area which shall comply fully with the New York State Department of Health Standards. The capacity of the toilet facilities shall be sufficient to provide for the needs of the Contractor’s personnel and all waste material from the toilets shall be disposed of away from the site. The Contractor shall be responsible for keeping his/her work areas clean of refuse of any kind and shall dispose of all refuse off the site.

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

COR. Vehicles required for transporting equipment and materials to and/or from the work site shall not be parked at the work site for long periods of time without prior approval of the COTR.

4. Layout of Work. Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, range markers, or other guides as may be required in laying out any part of the work. The

Contractor will be held responsible for the execution of the work to such lines and grades as may be established or indicated by the COR. It shall be the responsibility of the Contractor to maintain and preserve all controls established by the COR until authorized to remove them.

FEDERAL SUSTAINABLE ACQUISITION REQUIREMENTS.

i. 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.

ii. Compliance with Executive Order and Other Federal Guidance. Pursuant to Executive Order 13693, “Planning for Federal Sustainability in the Next Decade,” 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. The Contractor shall also 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; and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR® qualified and

FEMP designated products in performance of construction.

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.

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.

− Ballasts

− Electric Motors

− Furnaces

− Lamps

− Lighting Controls

− Luminaries http://www.energystar.gov/products

− Plumbing (faucets, showerheads)

− Seals and Insulate

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.

iii. 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 except for the paint materials specified within the Contract. 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.

iv. 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

v. 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.

vi. 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.

ENVIRONMENT PROTECTION.

a. General. For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and the enhancement of the natural appearance in its final condition. Environment protection requires consideration of air, water, and land and involves noise, solid waste management, and management of radiant energy and radioactive materials, as well as other pollutants. In order to prevent and to provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his/her subcontractors shall investigate and comply with all Federal, State, and Local laws and regulations concerning environmental http://www.wbdg.org/design/greenspec.php pollution control and abatement. Any non-compliance shall be immediately corrected and the Contracting Officer notified.

b. Notification. The Contracting Officer will notify the Contractor of any noncompliance detected by the

Corporation with the aforementioned Federal, State or Local laws or regulations. Such notice, when delivered to the

Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose.

The Contractor shall, after receipt of such notice, immediately inform the COTR of the proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting

Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor.

c. Protection of Land Resources. The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his/her construction activities to areas defined by the plans and specifications.

d. Protection of Water Resources. The Contractor shall not pollute the River with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, or other harmful materials. The Contractor shall identify and comply with all applicable Federal, State, County, and Municipal laws concerning pollution of the St. Lawrence River.

SAFETY.

The Williams-Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in 29 CFR 1926/1910, where applicable, and/or the Corporation’s Safety and Health policies shall govern this contract. The more restrictive requirement(s) shall take precedence.

WAGE RATES.

a. In accordance with the requirements of Clause (a), Construction Wage Rate Requirements, 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 Enclosure A. The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

b. Any class of laborers and mechanics not listed in Enclosure A, which will be employed on this contract shall be classified or reclassified to conform to Enclosure A, 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.

SECTION D

CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATOR

Patricia L. White, Contracting Officer, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, PO

Box 520, Massena, New York, 13662-0520, telephone number (315) 764-3236, facsimile number (315) 764-3268, and e-mail address patricia.white@dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (Corporation). No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

2. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance coverage:

(1) Workmen's Compensation Coverage: As required by applicable New York Statutes in effect as of contract award date.

(2) Comprehensive General Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

(3) Comprehensive Automotive Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

Property Damage: $50,000 each accident

b. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Corporation in such insurance shall not be effective until ten (10) days after written notice thereof to the

Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in paragraph (a). The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

3. INSPECTION

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.

mailto:patricia.white@dot.gov

4. 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.

5. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors to act as the Contracting

Officer’s Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting

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

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

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

Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting

Officer at the address set forth in Clause 1.

6. REQUESTS FOR PROGRESS PAYMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Name) (Title) (Date)

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" .

8. 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.

SECTION E

SPECIAL CONTRACT REQUIREMENTS

1. PAYMENT BOND

The Contractor agrees to furnish a Payment Bond (Standard Form 25-A) within ten (10) calendar days after award. The bond 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 payment bond shall equal one hundred (100) percent of the original contract price. The payment bond assures payments as required by law to all persons supplying material or labor in connection with the performance of the work under this contract.

The Corporation may require additional payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

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.

Information to be submitted on CD:

Employee(s) name

Copy of employee(s) driver’s license and color photograph

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

The Corporation shall issue identification passes for the Contractor’s employees engaged on the contract work.

Contractors are responsible for requiring their employees to display their pass while on site. Passes are to be returned to the COR upon completion of the project or upon the release of any employee. The Contractor shall notify the COR of any personnel changes(s) prior to arriving on site. Failure to return the identification passes will result in a $50.00 non-refundable fee which will be deducted from the Contractor’s final payment. A replacement fee of $50.00 will be assessed to the Contractor for any lost or damaged passes.

SECTION F

CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATED BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

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)

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

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)

52.222-6 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)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 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)

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

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

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

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

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)

52.228-13 ALTERNATE PAYMENT PROTECTIONS (JULY 2000)

(The contractor shall submit one of the following payment protections: payment bond, irrevocable letter of credit, or certificate of deposit)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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 (MAY 2014)

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

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT 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)

52.236-2 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)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

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

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

ALTERNATE I (SEP 1996)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

The Contractor shall be required to: (a) commence work under this contract on or about 02/03/17; (b) prosecute the work diligently; and (c) complete the entire work ready for use no later than 03/03/17. The time stated for completion shall include final cleanup of the premises.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work.