RFQ_6923G522Q0705_13.8KV_CableReplacement.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G522Q0705

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

26 May 2022

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2022-N-P-0705

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7

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

9. FOR INFORMATION

CALL: ► A. NAME

Katie Maloney B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 315.764.3260

SOLICITATION

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

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

Project: Eisenhower 13.8KV Underground Cable Removal & Install Project located in Massena, New York

This acquisition is solicited as a 100% Small Business Set-Aside: NAICS code 237130, Power and Communication Line and Related Structures Construction, Size standard - $39,500,000.00.

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 13, Simplified Acquisition Procedures (SAP). Offerors must be registered in the System for Award Management (www.SAM.gov) .

Site Visit: Monday, 06 June 2022, 10:00am EST: See FAR 52.236-27; Site Visit (Construction)

RFIs due: Thursday, 09 June 2022, 2:00pm EST. Email to: purchasing@dot.gov and katie.maloney@dot.gov.

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

Quote due: Monday, 27 June 2022, 2:00pm EST. Email only to: purchasing@dot.gov and katie.maloney@dot.gov .

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving the notice to proceed.

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

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time 27 June 2022 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 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

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

6923G522Q0705

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

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

B SUPPLIES OR SERVICES AND PRICES/COSTS 4

C DESCRIPTION/SPECS/WORK STATEMENT 5 - 15

D PACKAGING AND MARKING 16

E INSPECTION AND ACCEPTANCE 17 - 18

17171818 18 F DELIVERIES OR PERFORMANCE 19 – 20

15 G CONTRACT ADMINISTRATION DATA 21 – 24

19 H SPECIAL CONTRACT REQUIREMENTS 25 - 26

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 27- 35

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 36

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 37 - 41

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 42 –45

42 M EVALUATION OFFERS FOR AWARD 46- 48

END OF SECTION A

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 Qty Unit Unit Price Total Price 0001 Mobilization/Demobilization - Furnish all plant, labor, equipment and materials and perform all work to mobilize and demobilize for the project.

1 Job $ $

0002 Demolition - Furnish all plant, labor, equipment and materials and perform all demolition work including, but not limited to, removal of existing buried cables, terminations, conduit, wiring, and trenching as indicated on the contract drawings.

0003 New Cable Installation - Furnish all plant, labor, equipment and materials and perform all work to install the new cables, conduit, terminations, marking tape, concrete, wiring, and trenching for a complete installation as indicated on the contract drawings.

0004 Extend Sewer and Sanitary Piping- Furnish all plant, labor, equipment and materials and perform all work to extend the existing sanitary and sewer piping above and downhill of the new cable trench on the North side of the road crossing.

0005 Testing - Furnish all plant, labor, equipment, and materials and perform all work to test the new cables and all terminations prior to energizing.

0006 Markers - Furnish all plant, labor, equipment, and materials and perform all work providing and installing high voltage markers as indicated on the contract drawings.

Grand Total

NOTE TO OFFEERORS:

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

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT SPECIAL PROVISIONS

C.1. DESCRIPTION OF WORK.

The contractor shall furnish all plant, labor, equipment, and materials, and perform all work to replace the 13.8KV electrical cables referred to as Seaway 1 and Seaway 2 at the Eisenhower Lock location.

The work will require the demolition of existing cables, conduit and terminations. Trenching above and to the depth of the existing cables as indicated on contract drawings.

The work shall include the installation, termination and testing of new cables, all conduit, terminations, wiring, trenching, concrete, backfill, marking and site restoration for a complete functional system.

C.2. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS.

The Technical Specifications and contract drawings are being furnished to the Contractor per Part III, Section J, List of Attachments, in an electronic (PDF) format. The technical specifications, together with this work statement, the contract drawings, drawing notes and annotations, and any referenced nationally recognized standards form the project specifications. Product manufacturer’s recommendations, instructions, installation details, design data, etc.

in approved submittals shall also form a part of the project specifications where referenced.

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, and uncertainties of weather or similar physical conditions at the site, the conformation and condition 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 reasonable ascertainable from an inspection of the site as well as from information presented by the contract 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 without additional expense to the Government. The contractor shall be responsible for performing all work in strict accordance with applicable Government and Occupational Safety and Health Administration (OSHA) safety and health requirements. The contractor shall also comply with the Government’s lock-out/tag out requirements and furnish its 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.

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 toilets shall be sufficient to provide for the needs of the Contractor’s people, and all waste material from the toilets shall be disposed of away from the site in accordance with New York State Department of Environmental Conservation (NYSDEC) Regulations. 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.

e. 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.

f. Work Areas. The work sites required by this contract include the areas in the vicinities of the Eisenhower Lock.

g. 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.

h. 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.

i. 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.

j. 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.

C.4. LAYOUT OF WORK.

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.

a. General. The Contractor shall furnish all materials and services that are required for the satisfactory completion of this contract as described in the Technical Specifications and in the drawings as applicable. All materials furnished by the Contractor shall be of the type and quality described in the Technical Specifications and drawings and shall be of sufficient quality to perform the intended purpose.

b. Federal Sustainable Acquisition Requirements.

1) Underwriters Laboratories, Inc. (UL™) Standards. Where items/materials to be supplied are available with

UL™ standard of approval, they shall be provided including Health and Sustainability standards as created through UL™ Environment and the GREENGUARD Environmental Institute (GEI). Where determined that the UL™ standard is in conflict with Paragraph a. below, Paragraph a. shall take precedence over meeting the UL™ standard.

2) Compliance with Executive Orders. Pursuant to Executive Order 13423, “Strengthening Federal

Environmental, Energy and Transportation Management,” and Executive Order 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees and contract service providers. To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

a) Energy Independence and Security Act of 2007, Energy Policy Act of 2005, Executive Orders and

Federal Acquisition Regulation (FAR) Compliance. The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” dated October 5, 2009; Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR® qualified and FEMP designated products in performance of construction.

The Contractor shall ensure that construction is performed with products that meet and/or exceed ENERGY STAR qualified and FEMP designated guidelines. The Contractor shall provide products that earn the ENERGY STAR label and meet the ENERGY STAR specifications for energy efficiency. The Contractor shall utilize ENERGY STAR qualified products as specified at www.energystar.gov/products, where can be found complete product specifications and updated lists of qualifying products. The Contractor shall utilize the purchasing specifications as specified for FEMP designated products at www.femp.energy.gov/procurement. The Contractor shall use these products to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

The following is a list of construction products for which ENERGY STAR qualified and FEMP designated products are available. It is not all inclusive and is evolving.

− Air Conditioners − Ballasts − Boilers

− Chillers − Doors − Electric Motors − Furnaces − Heat Pumps − Lamps − Lighting Controls − Luminaries − Plumbing (faucets, showerheads) − Roofs − Seals and Insulate − Windows

The Corporation believes that a demonstration of how to use ENERGY STAR qualified and FEMP designated products, creation of an effective training program for the products selected, and technical assistance are central to the selection and eventual success of purchasing and using ENERGY STAR qualified and FEMP designated products.

The Contractor shall comply with the clause at FAR 52.223-15, Energy Efficiency In Energy- Consuming Products.

The Contractor shall report on the purchases of ENERGY STAR qualified and FEMP designated products in the performance of this contract. The report shall include the following:

(1) A list of all energy consuming products purchased during the past quarter.

(2) A list of all ENERGY STAR qualified and FEMP designated products purchased during the past quarter.

(3) For each ENERGY STAR qualified or FEMP designated product purchased, include the savings in dollars and Btu’s due to the purchase of the product.

(4) Percentage of purchased products that are ENERGY STAR qualified and FEMP designated against the total number of energy consuming products purchased.

(5) Total value of the purchased products that are ENERGY STAR qualified and FEMP designated against the dollar value of all energy consuming products purchased.

The Contractor shall add the following service, surveillance methodology, and performance threshold to the present Performance Requirements for Construction:

(1) Required Service - Performance Objective/Standard – Ensure the mandatory purchasing of ENERGY STAR qualified and FEMP designated products.

(2) Surveillance Methodology/ Method of Assessment – Random Sampling.

(3) Performance Threshold – Up to 100 % compliance, assuming life cycle cost efficient.

b) Use of Low Emitting Materials. The Contractor shall include the use of low emitting materials for building modifications and construction, and maintenance and cleaning when applicable during the Contract period.

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

c) Use of Integrated Pest Management Practices and Products. The Contractor shall include the use integrated pest management techniques as appropriate to minimize pesticide usage within the project. Only EPA-registered pesticides will be used and only when needed.

d) EPA's Recycled Content Recommendations for Building Construction and Modifications, Maintenance, and Cleaning. Per section 6002 of RCRA, for EPA-designated products, the Contractor shall meet or exceed EPA's recycled content recommendations for building modifications and construction, and maintenance and cleaning when applicable during the Contract period. For other products, use materials with recycled content such that the sum of postconsumer recycled content plus one-half of the pre-consumer content constitutes at least 10% (based on cost or weight) of the total value of the materials in the project.

EPA's recycled content products designations and recycled content recommendations are available on EPA's Comprehensive Procurement Guideline web site at www.epa.gov/cpg.

e) USDA's Biobased Content Recommendations for New Buildings, Building Modifications, Maintenance and Cleaning. Per section 9002 of Farm Security and Rural Investment Act, for USDA-designated products, the Contractor shall use products with the highest content level per USDA's biobased content recommendations. For other products, the Contractor shall use biobased products made from rapidly renewable resources and certified sustainable wood products. If these designated products meet performance requirements and are available at a reasonable cost, a preference for incorporating them into the project shall be provided. USDA's biobased product designations and biobased content recommendations are available on USDA's BioPreferred web site at www.usda.gov/biopreferred.

f) Use of Products That Have a Lesser or Reduced Effect on Human Health and the Environment. The Contractor shall use products that have a lesser or reduced effect on human health and the environment over their lifecycle when compared with competing products or services that serve the same purpose. A number of standards and ecolabels are available in the marketplace to assist in making environmentally preferable decisions. For recommendations, consult the Federal Green Construction

g) Guide for Specifiers at www.wbdg.org/design/greenspec.php.

h) Reuse and Recycling of Materials. The Contractor shall provide salvage and/or recycle materials generated from building demolition, construction and/or renovations to the greatest extent practical and feasible in the regional market.

i) Eliminate/Minimize the Use of Ozone Depleting Compounds. The Contractor shall eliminate/minimize the use of ozone depleting compounds in the project where alternative environmentally preferable products are available, consistent with either the Montreal Protocol and Title VI of the Clean Air Act Amendments of 1990, or equivalent overall air quality benefits that take into account lifecycle impacts.

C.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 adverse impacts to land resources occur due to the Contractor’s work, the Contractor shall bear full responsibility to correct impacts to the satisfaction of either the Corporation or regulatory authority holding jurisdiction regarding the impact at no additional cost to the Corporation.

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 adverse impacts to water resources occur due to the Contractor’s work, the Contractor shall bear full responsibility to correct any impacts to the satisfaction of either the Corporation or regulatory authority holding jurisdiction regarding the impact at no additional cost to the Corporation. The Contractor shall identify and comply with all applicable Federal, State, County, and Municipal laws concerning pollution of water resources.

C.7. SITE VISIT.

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

C.8. PLANT.

The Contractor shall 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 always be subject to the inspection of the COR. The Contractor shall indicate the minimum plant that he/she agrees to place on the job in the “Statement of Plant”, PART IV, 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. The Corporation may allow the Contractor to spoil clean excavated materials and concrete waste on Corporation property at an area designated by the COR.

Any solid waste, construction and demolition debris (C&D) or extra materials (including rubble, brush, dirt, trash, sludge, packing crates, boxes, etc.), or equipment and materials removed, will be the Contractor's responsibility for proper disposal at his/her own expense in strict accordance with Federal, State and Local regulations and these specifications.

The Contractor shall maintain a record of solid waste and C&D waste generated during the work. The Contractor shall endeavor to recycle wastes generated during the work, and maintain a record, by weight, of waste materials recycled and waste materials sent to landfills (Sanitary and C&D).

All wire scraps, pipes, fittings, paper scraps, boxes, paint cans, scrap metal, and other scraps, shall be cleaned up daily. Clean metal scrap may be placed in the Corporation's scrap metal dumpster located at the Maintenance facility provided it does not contain any hazardous waste(s).

The Contractor shall be the generator of any hazardous waste and special waste produced by the Contractor’s work under this Contract. 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

C.10. DISPOSAL BY BURNING.

Burning will not be permitted.

C.11. USE OF EXPLOSIVES.

Blasting will not be permitted.

C.12. HEALTH AND SAFETY.

a. General.

1. Description. All work performed by the Contractor shall be in conformance with The Williams- Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in Title 29 Code of Federal Regulations (CFR) 1926/1910 and applicable Corporation requirements including COVID-19 work site protocols. Additional safety requirements may be referenced within other paragraphs of these specifications and shall have the same effect as if included herein. Submit matters of interpretation of these requirements to the CO for resolution before starting work. If no clarifications are sought, then the submittal is not necessary. Where the regulations guidance or specifications conflict, the most stringent requirements shall apply.

2. Information. The Contractor shall provide their Health and Safety Plan to the COR, for informational purposes only, prior to the start of any work. The Corporation reserves the right to require modifications to the plans and procedures to ensure safe operations.

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

a. Code of Federal Regulations (CFR)

i. 29 CFR 1926 Safety and Health Regulations for Construction

b. NFPA

i. NFPA 70 – 2020 (NEC) National Electrical Code

ii. NFPA 70E - 2018

iii. NFPA 30 Flammable and Combustible Liquids Code

c. NESC National Electrical Safety Code

The Contractor shall maintain a copy of the listed reference documents and any other deemed necessary on site for use by the Contractor and reference by the COR throughout the project.

Note: The latest issue, revision, or amendment of the referenced standards in effect on the date of invitation to bid shall govern unless otherwise specified.

4. Notices and Reporting. The Contractor shall notify the COR immediately of any accidents or incidents relating to health and safety. The Contractor shall prepare and submit a written report of the accident/ incident to the CO and the COR within twenty-four (24) hours of occurrence.

b. Products. The Contractor shall design, supply, construct and maintain access and support facilities and equipment necessary to properly and safely access and perform the work

1. Manufactured Materials and Equipment. All products supplied by the Contractor shall be utilized in accordance with the manufacturer’s intended purpose, recommendations and instructions and shall be maintained in proper working order. Commercially available equipment, including cranes, shall have documentation or certification that they meet applicable OSHA safety criteria.

2. Fabricated Equipment and Enclosures. All fabricated equipment, enclosures and custom built work and systems shall be designed to provide safe access, inspection and maintenance. Design drawings of all Contractor constructed enclosures, and other fabricated or assembled devices shall be designed, signed and sealed by a Professional Engineer of Record registered in the State of New York. Fabricated equipment shall conform to the applicable OSHA standards. Bracing and all other weight and load bearing fixtures that are to be secured to existing concrete shall be anchored in sound substrate using hardware that is deemed by the manufacturer as suitable for the purpose. Any field changes made to equipment or assemblies shall be approved by the Engineer of Record prior to use.

3. Safety Equipment. The Contractor shall provide safety equipment at the work site consisting of, at a minimum, a first aid kit, AED, and all other NFPA or OSHA-compliant equipment necessary for use to safely perform the work.

c. Execution.

1. Ignition Sources. Smoking is only permitted in designated areas and under no circumstances is allowed inside any enclosure or building.

2. Lock Out Tag Out (LOTO). The Contractor shall follow LOTO procedures and shall furnish their own locks and tags for operating equipment as indicated by the Contractor’s LOTO Plan and Procedures, Corporation safety requirements, or any special NYPA requirements.

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

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

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. Bidders. Bidders shall submit with their bids:

1) A list of similar projects completed within the last 10 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) Manufacturer’s data sheets for all cable and terminations to include model numbers and specifications for materials being furnished.

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

b. Contractor. The Contractor shall submit the following within thirty 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) Third party testing agency qualifications. The agency shall be NETA (International Electrical Testing Association) certified and shall utilize NETA certified employees onsite to conduct testing.

5) 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

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

C.15. PROJECT SCHEDULE.

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. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS.

As mentioned above in Paragraph C.2., the Technical Specifications and contract drawings are furnished in electronic format per Part III, Section J, List of Attachments.

END OF SECTION C

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. Packaging may not be protected for weather if it is too large, bulky, heavy or if there is insufficient room in the Warehouse, therefore the Contractor shall make provisions to protect packaging from the weather. 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 will 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

SECTION E

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(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 this- 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

SECTION F

DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause

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…