RFP_6923G523R0712.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G523R0712

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/07/2023

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2023‐N‐P‐0712

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7 Great Lakes St. Lawrence Seaway Development Corporation Contracting Office 180 Andrews Street Massena, New York 13662

9. FOR INFORMATION

CALL: ► A. NAME

Chora Snyder, Contracting Officer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(315) 764‐3206

SOLICITATION

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

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

Project: Furnishing all plant, labor, equipment, materials, and performing all work for pavement and drainage improvements at the Corporations Marine / Maintenance Base facility located in Massena. New York. Work includes, but is not limited to, installation of newly paved areas, mill and top of existing paved areas and drainage improvements.

This acquisition is solicited as a 100% Small Business Set‐Aside: NAICS code 237310, Highway, Street, and Bridge Construction, Size standard ‐ $45,000,000.00.

In accordance with FAR 36.204, the magnitude of this construction project is between $100,000.00 and $250,000.00.

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

Site Visit: 13 April 2023, 10:00am EST: See FAR 52.236‐27; Site Visit (Construction).

Questions due: 24 April 2023, 2:00pm EST. Email to: chora.snyder@dot.gov

Performance (SF25) and Payment (SF25a) bonds are required ten (10) calendar days after award.

Proposals due: 08 May 2023, 2:00pm EST. Email only to: chora.snyder@dot.gov

11. The Contractor shall begin performance within 10 calendar days and complete within forty‐five (45) calendar days after receiving the notice to proceed.

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

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

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

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Offerors shall submit proposals in accordance with Part IV, Section L, Instructions. Conditions and Notices to Offerors. Failure to provide the required information may deem an offerors proposal non‐responsive.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

See Item 14

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS ►

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Great Lakes St. 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

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

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

B SUPPLIES OR SERVICES AND PRICES/COSTS 4 – 4

C DESCRIPTION/SPECS/WORK STATEMENT 5 – 14

D PACKAGING AND MARKING 15

E INSPECTION AND ACCEPTANCE 16

F DELIVERIES OR PERFORMANCE 17‐18

G CONTRACT ADMINISTRATION DATA 19‐22

H SPECIAL CONTRACT REQUIREMENTS 23 ‐ 24

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 25 ‐ 30

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 31

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 32 ‐ 35

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 36 ‐ 39

M EVALUATION OFFERS FOR AWARD 40‐42

END OF SECTION A

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

The contractor shall furnish all plant, labor, equipment, and materials required to perform the work in accordance with the SOW:

Item No. Description Quantity Unit Unit Price Total Price

Basic Requirements 0001 Mobilization/Demobilization:

Furnish all plant, labor equipment, materials, and perform the work to mobilize and demobilize.

Lump Sum

0002 Paving Area 1 (Maintenance Building): Furnish all plant, labor equipment, materials, and perform the work to pave this area per SOW.

Lump Sum

0003 Paving Area 2 (Seawall):

Furnish all plant, labor equipment, materials, and perform the work to pave this area per SOW.

Lump Sum

Optional Requirements 0004 Drainage Swale: Furnish all plant, labor equipment, materials, and perform the work to pave this area per

SOW.

Lump Sum

0005 Storm Piping Replacement:

Furnish all plant, labor equipment, materials, and perform the work to pave this area per SOW.

Lump Sum

Grand Total $

NOTE TO OFFERORS:

1. The offeror shall provide pricing for all line items to be considered responsive.

2. The offeror shall provide a detailed cost breakdown to support each line item: labor, material and overhead and profit.

Signature Date

END OF SECTION B

PART I

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT SPECIAL

PROVISIONS

C.1. DESCRIPTION OF WORK.

The Great Lakes St. Lawrence Seaway Development Corporation (GLS) is issuing a Request for Proposal for pavement and drainage improvements at the GLS Marine Base / Maintenance Facility location, located at 251 Fregoe Road, Massena, New York 13662.

The work shall include the installation of new subbase material and paving in areas that are not currently paved, improvements to areas which already have existing paving installed and drainage improvements.

C.2. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS.

The project specifications are comprised of these special provisions which provide a basic description of the various tasks compromising the project and together with the technical provisions, contract drawings, reference drawings, approved submittals and referenced publications, codes and standards form the contract requirements for the project. The specifications and drawings, and pertinent attachments are being furnished to the Contractor in the solicitation.

C.3. WORK SITE REQUIREMENTS.

a. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, uncertainties of weather or similar physical conditions at the site, the conformation and conditions of the ground and structures, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he/she has satisfied himself/herself as to the character, quality and quantity of surface and subsurface materials or interference from existing structures or related facilities to be encountered insofar as this information is reasonably ascertainable from an inspection of the site as well as from information presented by the contract and reference drawings and these specifications. If the Contractor fails to properly acquaint himself/herself with the available information and existing work site conditions, he/she will not be relieved from responsibility for properly estimating the cost of successfully performing the work or for proceeding to successfully perform the work without additional expense to the Corporation. The Contractor shall be responsible for performing all work in strict accordance with applicable Corporation and Occupational Safety and Health Administration (OSHA) safety and health requirements. The Contractor shall also comply with Corporation lock‐out/tag out requirements and furnish his/her own locks for this purpose.

b. Utilities. The Contractor shall be responsible for providing and maintaining, at his/her own expense, any utilities required for the performance of the work. However, a load center capable of supplying 480 and 208V AC, 60A will be made available by GLS for the Contractor’s use within 150 feet of the proposed facility. Contractor shall provide all the necessary extension cords and GFCI protection as required to connect to GLS’ load center. Contractor shall be responsible for safely connecting the load center to

GLS’ facilities and safely connecting the Contractor’s equipment to the load center. GLS’ power supply is often interrupted without notice and for unknown durations and therefore should not be considered reliable for critical operation.

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

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

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

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

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

h. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the Contracting Officer’s Representative (COR). Vehicles required to transport equipment and materials to and from the work site shall not be parked at the work site for long periods of time without the prior approval of the COR.

i. Work Areas. The work sites required by this contract include the areas in the vicinities of the GLS Maintenance / Marine Base.

j. Restricted Areas. The Contractor shall be required to confine his/her operations to the work area as designated in the previous subparagraph. The adjacent access roads, parking areas and buildings, except as required to perform required work, shall be kept free of the Contractor’s personnel, materials, and equipment.

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

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

m. Existing Conditions and/or Existing Features. The paved areas are traveled by Corporation personnel, contractor personnel and the general public and must be maintained in a passable state (i.e. a minimum of one lane) during the project. Areas adjacent to the work areas shall be free of personnel, materials, and equipment. The Contractor shall install barriers around and/or clearly mark areas that would present hazards to people walking or driving in those areas, as approved by the COR. Where surface indications of buried utilities are visible, the approximate locations are shown on the contract or reference drawings. The Contractor is advised that there are buried utilities in addition to those indicated on the drawings and the Contractor shall use care during excavation to avoid disturbing all buried utilities. The Contractor must notify the COR a minimum of four (4) business days prior to any excavation taking place such that a Corporation Dig Permit may be provided. The Contractor shall also be responsible for making an underground facilities location request through the Dig Safely New York program prior to any excavation or underground work. Any buried utilities that will be impacted by the Contractor's work shall be located by hand digging so as not to damage them. Any buried utility damaged by the Contractor shall be repaired at his/her expense.

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

C.4. LAYOUT OF WORK.

a. The Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, range markers, or other guides as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades shown on the contract drawings or as may be established or indicated by the COR. It shall be the responsibility of the Contractor to maintain and preserve all controls established by the COR until authorized to remove them. All elevations on the drawings are based on the 1935 United States Lake Survey (USLS) Datum or other datum as may be noted on the individual drawing.

C.5. CONTRACTOR‐FURNISHED MATERIALS AND METHODS.

CORPORATION AND CONTRACTOR‐FURNISHED MATERIALS.

a. Corporation Furnished Materials. Certain components of the pump system that require installation will be furnished to the Contractor by the Corporation for installation under this contract. These components consist of the new dewatering pumps, 40hp motors, discharge piping & flanges, check valve, gate valve, coupling, eccentric reducer, and flange fasteners & gaskets. The Contractor shall take possession of the Corporation furnished materials on‐site at a location to be designated by the COR. The Contactor shall contact the COR when components are ready to be installed. The Contractor is responsible for any damages that may occur to Corporation Furnished Materials during transport from storage areas once those materials have been turned over to the Contractor. More information is provided in the Contract Drawings.

b. Contractor‐Furnished Materials. With exception of the Corporation furnished materials named above, the Contractor shall furnish all materials for the satisfactory completion of this contract. All materials shall be of the type and quality described in the Technical Provisions and contract documents.

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).

Compliance with Executive Orders.

NA

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

The Contractor shall provide ENERGY STAR® qualified and FEMP designated products in performance of construction. When acquiring energy‐using products, the Contractor shall purchase ENERGY STAR® or other energy‐efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list. This applies to any power‐consuming equipment to be installed or used in GLS facilities, whether title to the equipment will pass to the Government or be retained by the Contractor.

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 Contract period. In particular, the following materials and products are to have low pollutant emissions: composite wood products, adhesives, sealants, interior paints and finishes, solvents, carpet systems, janitorial supplies, and furnishings.

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 eco‐ labels are available in the marketplace to assist in making environmentally preferable decisions. For recommendations, consult the Federal Green Construction:

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 Amend

C.6. 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 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 Corporation notified.

b. Notification.

The Contracting Officer will notify the Contractor whenever the Corporation detects any noncompliance with the Federal, State, and/or local laws and regulations. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. The Contractor shall, after receipt of such notice, immediately inform the COR of the proposed corrective action, and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting Officer 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. If the Contractor fails or refuses to comply promptly, the Contracting Officer may also take action to correct the noncompliance at the expense of the Contractor.

c. Protection of Land Resources.

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

d. Protection of Water Resources.

The protection of water resources within, under and adjacent to Corporation boundaries are the responsibility of the Contractor and therefore subject the Corporation’s oversight. The Contractor under this agreement shall take all necessary measures to protect said water resources from adverse impact by the Contractor’s work, actions or lack thereof concerning materials, equipment or personnel supplied or under the control of the Contractor. Should adversely impacts to water resources occur due to the Contractor’s work, the Contractor shall bear full responsibility to correct any impacts to the satisfaction of either the Corporation or regulatory authority holding jurisdiction regarding the impact at no additional cost to the Corporation. The Contractor shall identify and comply with all applicable Federal, State, County, and Municipal laws concerning pollution of water resources.

C.7. SITE VISIT.

a. Prospective offerors are urged and expected to visit the work site prior to entering a proposal to determine the extent of work required. See FAR 52.236‐27 Site Visit (Construction).

C.8. PLANT.

a. The Contractor will furnish all plant to meet the requirements of the work. The Contractor‐furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work. The plant shall be subject to the inspection of the COR at all times. The Contractor shall indicate the minimum plant, which he/she agrees to place on the job in the "Statement of Plant", Section K.

The listing of such equipment is not to be construed as an agreement on the part of the Corporation that the equipment is adequate for the performance of the work.

C.9. DISPOSAL OF WASTE AND SPOIL.

General.

Any waste material (except for excavated soils, asphalt pavement and concrete removed by the Contractor and unused fresh concrete) to be spoiled in the prosecution 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 clean excavated soils, asphalt pavement and concrete removed by the Contractor, unused fresh concrete and concrete truck washout on Corporation property at an area in the vicinity of the north side of Eisenhower Lock which will be designated by the COR.

a. Description.

The Contractor shall bear all costs and responsibilities associated with any waste generated including handling, testing/characterization, containerizing, labeling, transportation, recycling, treatment, or disposal including obtaining, completing, and monitoring each manifest. The Contractor shall divert or recycle a minimum of 50% of the non‐hazardous solid waste and C&D waste materials generated by the work and document these activities in accordance with the Contractor’s Solid and Hazardous Waste Management Plan. If the Contractor is unable to meet the 50% goal, then the

Contractor shall notify the COR and provide documentation of efforts made to divert or recycle the waste materials.

Documentation shall include a list of contacts made with potential recycle firms, results of those communications and related correspondence.

b. Submittals.

All submittals shall be in accordance with Paragraph C.16. GENERAL SUBMITTALS. The Contractor shall submit a Solid and Hazardous Waste Management Plan for all wastes anticipated by the Contractor during the work. The Contractor shall maintain a record of nonhazardous solid waste and C&D waste generated during the work by type and weight of waste materials diverted, recycled, or sent to landfills. The Contractor shall supply completed shipping manifests and final disposition certificates for all hazardous wastes shipped from the work site in accordance with the plan and applicable regulatory requirements. The Contractor shall designate a site Environmental Representative, responsible for compliance with this Paragraph and related regulatory compliance.

c. Handling and Documentation.

The Contractor shall not store hazardous waste at the work site in a manner as to create a regulated storage facility. All hazardous waste shall be managed in accordance with applicable Federal, State, and local laws and regulations. All containers shall be properly located and labeled including contents and first date of accumulation. The Contractor’s Environmental Representative shall ensure that analysis certificates are obtained from an accredited laboratory, in the case where a characterization of the waste is required. The Contractor’s Environmental Representative shall obtain a recycled, treatment or disposal certificate issued by the final destination facility for all wastes. The Contractor shall maintain documentation of all waste materials generated and removed from the work site in such a manner as to enable the Corporation to trace the material from its point of origin to its final disposition and location.

d.Transportation.

The Contractor shall utilize a properly licensed, permitted, and insured transporter for transportation of hazardous waste or special waste generated during the work. The Contractor shall supply the COR with the intended transporter(s) names and license/permit scheduled by the Contractor to transport these materials. This information shall be submitted to the COR prior to any shipments.

e.Recycling, Treatment and Disposal.

The Contractor shall utilize waste recycling, treatment and/or disposal firms and facilities that possess the proper licenses, permits and insurance for recycling, treatment and/or disposal of the anticipated wastes generated by the work. The Contractor shall supply the COR with the names and license or permit numbers of the firm(s) as well as the designated facility information of the intended recipient of the wastes, including transfer facilities, up to and including final disposition. This information shall be submitted to the COR prior to any shipments.

C.10. DISPOSAL BY BURNING.

a. Burning of waste will not be permitted.

C.11. USE OF EXPLOSIVES.

a. Blasting with explosives will not be permitted.

C.12. HEALTH AND 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. Special hazards related to this project include falls, slipping, hypothermia, overhead loads, proximity to water (drowning), and heavy equipment. Before cutting or drilling existing concrete in the lock walls, the

Contractor shall first investigate the areas to determine the locations of buried utilities, facilities or objects that could be disturbed by the activity. Refer to the reference drawings for assumed locations of subsurface utilities, facilities, and objects.

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. The generation of airborne dust shall be minimized. Internal combustion engine exhaust shall not be discharged into interior spaces but shall be vented to the outside. The Contractor shall also provide stairways, scaffolds, or other means for their employees to access the work areas. The stairways or other access means shall meet applicable OSHA requirements, shall be inspected daily, and shall be maintained in a dry condition and free from ice and snow. Commercially available scaffolding systems shall have documentation and certification that they meet the criteria of OSHA. Custom built work platforms and scaffolding systems, and anchoring plans and systems for same shall bear the stamp of a New York State licensed professional engineer. The Contractor shall provide fall protection for all Contractor and Subcontractor workers. This fall protection may consist of fall protection harnesses with suitable lanyards and anchorages, and/or safety railings. Safety railings must be built to OSHA dimensional and structural strength requirements. The fall protection must meet all applicable OSHA and other requirements and shall be submitted for approval as part of the Health and Safety Plan. Prior to mobilizing on the project site, the Contractor shall submit, and obtain approval, a detailed and project specific health and safety plan for review by the Corporation in accordance with Paragraph C.16. GENERAL SUBMITTALS.

C.13. WAGE RATES.

a. In accordance with the requirements of Clause (a), Davis Bacon Act, (40 U.S.C. 276 a‐7), see Part II, Section I, Contract Clauses, Clause 52.222‐6 of this contract, the minimum wages to be paid to laborers and mechanics on this project, as most recently determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth in the attachment(s). The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

b. Any class of laborers and mechanics not listed in attachment, which will be employed on this contract shall be classified or reclassified conformably in the attachment, by mutual agreement between the Contractor and the class of labor concerned, subject to the prior approval of the Contracting Officer. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for final determination.

TECHNICAL PROVISIONS

C.14. SUBMITTALS.

These specifications provide a basic description of the various tasks comprising the project. Together with the approved submittals, referenced publications, codes and standards where specifically cited and contract and reference drawings, they form the complete Technical Specifications for the project.

a. Offerors. Offerors shall submit with their proposals:

1) A list of similar projects completed within the last 5 years. The list must include project descriptions, contract amount, project client and contact persons with current addresses, email addresses and telephone numbers. At least two of the similar projects should have been for similar sized projects in scope and cost.

2) A preliminary project schedule showing the times for starting and completing the salient features of the project.

3) Manufacturer’s data sheets for all piping, fittings, & connection materials and specifications for materials being furnished to complete the storm piping replacement.

b. Contractor. The Contractor shall submit the following within fifteen calendar days of contract award:

1) A detailed progress schedule showing the order in which work is to be performed and the dates on which the Contractor contemplates starting and completing the salient features of the work including acquiring materials, plant and equipment.

2) A schedule of values to be used by the Corporation when making progress payments which aligns with the bid items.

3) Shop drawings, specification and cut sheets for all other materials to be utilized on the project to include conduit, soils, sand, gravel, concrete, asphalt, marking tape, markers.

4) A detailed Health and Safety Plan to describe the measures to be utilized to ensure that Contractor and Corporation employees are protected/kept safe and that all aspects of the work are accomplished in accordance with OSHA, NEC, NESC and Corporation standards

5) A LOTO Plan and Procedures, and a Staging and Storage Facility Plan.

C.15. PROJECT SCHEDULE.

a. The Contractor shall submit to the Contracting Officer a schedule showing the order in which the work is to be performed 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 progress charts of suitable scale to indicate approximately the percentage of work scheduled by any given date during the period.

C.16. SITE RESTORATION.

a. Scope. This item comprises backfilling of any holes remaining after project completion and restoration of turf disturbed in the course of the construction activities. It also includes replacing any disturbed paving or blacktop in kind.

b. Materials.

1) Random Fill shall consist of soil from on‐site sources, but shall exclude material exceeding 4 in. in size, topsoil, organic material, and other deleterious materials as determined by the COR.

2) Topsoil shall consist of existing topsoil that has been stripped and stockpiled or topsoil from off‐site sources that have been approved by the COR.

3) Grass seed shall be a standard mix suitable for commercial applications, and shall be approved by the COR.

c. Installation.

1) Any postholes that are to be abandoned shall be backfilled and the surface restored to match the surrounding existing surface. In areas with existing grass cover, fill the hole with Random Fill to within 6 in. of the surface, surface with topsoil, and apply grass seed and mulch. All backfill shall be placed in 4” lifts and tamped in the hole using a suitable tamper.

2) Seeding shall be performed at all locations designated by the COR where the existing grass cover has been disturbed. A minimum of 6 in. of topsoil shall be placed, followed by the grass seed and mulch. The seeding shall be performed in accordance with the seed supplier’s recommendations. The grass cover shall be established to the satisfaction of the COR

3) Paving shall be restored with the same quality materials at the same depths or thicknesses to match what was disturbed.

C.17. Access and Operating at Corporation Facilities.

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

2) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites which do not unreasonably interfere with the work required under this contract. The Contractor shall protect from damage all existing improvements and utilities at or near the work sites, and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

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

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

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

5) Use of Corporation Facilities. Except as otherwise authorized in writing by the COR, the Contractor shall not use Corporation telephones, restrooms, break rooms, or other facilities provided for Corporation employees.

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

C.18 EXISTING SITE CONDITIONS.

a. Heating. The Contractor shall be responsible for heating all work areas as required. Methods used for heating shall not create a hazardous atmosphere for workers and shall not create excessive accumulations of carbon dioxide or other fumes or gases that interfere with concrete curing.

b. Lighting. The Contractor shall be responsible for lighting the work areas as required.

c. Lock Walls. The Contractor may conduct certain activities at lock wall work areas while navigation activities are ongoing.

A significant portion of equipment placement, wire pulls and terminations, as well as commissioning activities may take place within the Yellow Line Work Zone. Due to potential conflicts with other construction and maintenance activities, volume of ship traffic and safety concerns with Corporation line handling personnel in a congested work area, work on the lock wall by the Contractor or the Contractor’s subcontractor(s) will be restricted in accordance with the following special conditions:

The Contractor shall coordinate all work activities on or near the lock wall with the COR on a daily basis. The shipping schedule is typically available no more than 12 hours in advance at any time. The shipping schedule may also change at any time without prior notice.

It is understood that this work is subject to suspension at any time by the Corporation if the Corporation reasonably determines that continuance of work on or near the lock wall during the navigation season is not safe and/or adversely impacts Corporation operations.

The location of equipment and workers shall be as depicted on an approved Contractor submittal.

Work shall be confined to designated activities agreed between the Contractor and the Corporation.

All water resulting from work operations shall be collected and contained and not allowed to form ice on the wall, create a slipping hazard and/or create hazardous waste in anyway.

The Contractor must comply with ALL of the above conditions, and if the Corporation determines that any of these conditions are violated, the Contractor will be required to desist operations on or near the lock wall until the discrepancies can be resolved.

The Corporation assumes no liability for any costs the Contractor may incur for mobilization, standby time or other potential damages related to work on or near the lock wall as a result of conflicts with navigation scheduling and/or operations.

C.19“OR EQUAL” ITEMS.

“Or equal” items referred to in this specification means that items having physical properties and performance characteristics equal to or exceeding those of the item specified will be accepted. The physical properties and performance characteristics included for each item are not intended to be a maximum or minimum, unless so specified.

C.20 QUALITY CONTROL/ASSURANCE.

Project quality control (QC) will be the responsibility of the Contractor who shall perform such required specific QC tests and inspection tasks as are described in the QC paragraph of the appropriate technical provisions. The project quality assurance (QA) will be the responsibility of the COR or designee, who will perform various QA inspection activities and will also monitor the Contractor’s QC tests and inspections. The Contractor shall facilitate access of Corporation personnel to any and all work areas as requested and shall also provide any and all equipment and personnel necessary for this access including elevated personnel platforms, scaffolding, lifts, etc. that are required.

C.21 ACCEPTANCE OF THE WORK. After completion of all work contracted for, the COR or designee will examine the work for final acceptance and approval by the Contracting Officer.

END OF SECTION C

PART I

SECTION D

PACKING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the Corporation’s 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 Corporation 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 7:00am to 2:00pm on Fridays and close on Federal holidays).

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

END OF SECTION D

PART I

SECTION E

INSPECTION AND ACCEPTANCE

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

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) 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. The Contractor shall maintain complete inspection records and make them available to the Government. 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.

(c) Government inspections and tests are for the sole benefit of the Government and do not‐

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of his‐ section.

(d) 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.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may‐

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

END OF SECTION E

PART I

SECTION F

DELIVERIES OR PERFORMANCE

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.242‐14 SUSPENSION OF WORK (APR 1984)

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

(modified as follows)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work including final cleanup of the premises no later than forty‐five (45) calendar days after receiving the Notice to Proceed (NTP).

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

NA

52.228‐1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c)…