18-B-0009_Amend_0003_Revised.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Make some changes to the Draw ings.

2. Make some changes to the Specifications.

3. Respond to bidders' questions (FOR INFORMATIONAL PURPOSES ONLY).

4. Create Section 00 45 00 Representations and Certif ications in this solicitation and to move the required Reps and Certs clauses from Section 00 72 00 to Section 00 45 00.

5. Add the most current w age rates (NY180002 06/29/2018 NY2).

The Bid Opening date of 10 July 2018 at 2:00pm EST remains unchanged.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF1442, by separate letter, or by signing Block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 55

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Jul-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS18B0009

X 9B. DATED (SEE ITEM 11)

07-Jun-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Jul-2018

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS18B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0003

Maintenance Dredging, Hudson River, NY, Federal Navigation Project Castleton, Stockport and Hudson Dredge Areas

Amendment 0003

Amendment 0003: DRAWINGS and SPECIFICATIONS

TO OFFERORS:

The following changes shall be made to the drawings and specifications.

DRAWINGS:

1. The following DRAWINGS have been REVISED but NOT REISSUED:

Sheet 2, Location Maps

Delete the Castleton, Stockport North, Stockport South and Hudson Dredge Area Coordinate Tables in their entirety.

Sheets 3 thru 9, Hydrographic Survey Data

Replace dredge area coordinate table with attached new dredge area coordinate table.

2. The following DRAWINGS have been REVISED and REISSUED:

- None

3. The following DRAWINGS have been ADDED:

- None

SPECIFICATIONS:

1. The following SPECIFICATIONS have been ADDED:

- None

2. The following SPECIFICATION SECTIONS have been REVISED but NOT

REISSUED:

Section 00 90 02, WATER QUALITY AND NYS PARKS PERMITS, Sub-paragraph 3.1.1:

Replace sub-paragraph 3.1.1, WATER QUALITY CERTIFICATE in its entirety as attached.

Section 01200, TECHNICAL SPECIFICATIONS, Paragraph 7.15.2, Order of Work:

Delete the following sentence in its entirety:

This dredged material shall have been completely covered by the cleaner dredged material at the completion of dredging.

Section 01200, TECHNICAL SPECIFICATIONS, Paragraph 7.10.4.3, Height:

Delete the following sentence in its entirety:

A minimum of one foot of freeboard shall be maintained following completion of all dredged material placement operations

3. The following SPECIFICATION SECTIONS has been REVISED and REISSUED:

- None

4. The following SPECIFICATION SECTIONS have been DELETED in their entirety:

- None

QUESTIONS AND ANSWERS:

The following are responses to questions received from bidders (FOR

INFORMATIONAL PURPOSES ONLY):

(Questions that may be of general interest to all Offerors and/or the Government and that are not readily answered by the proceeding changes will appear below. These questions may have been paraphrased or altered to represent several questions regarding the same subject and/or simply revised to clarify and simplify the question(s).

Questions and answers are issued to the Offerors “for information only” and do not revise the solicitation, plans or specifications.)

Question No. 1.a: Could you please make available the latest x, y, z survey data of the Houghtaling Island Placement site. The data provided on plans for Houghtaling Island is from 2016, and it is noted that significant work has occurred within this site since then.

Response: Unfortunately, we do not have the x, y, z survey data for the topographic information depicted on Sheet 11, “Houghtaling Island Placement Site, Topography and Layout”. However, both PDF and DGN files are available. As stated in the survey notes, this data was collected on June 19th-20th, 2015 and represents conditions at that time. Also, the base ortho-imagery was updated to 2016.

Question No. 1.b: Please provide an updated drawing showing the current conditions.

Response: The Government has no intention of updating the topographic information shown on Sheet 11 of the plans. The areas within the site that have changed, and which cannot be quantified, and cannot be described in the notes, are as follows: Area B.1 (dredged material placed in 2015 and 2016), Area B.2 (dredge material placed in 2015 and 2016), Area A.1 (borrow material removed from north end of area in 2016 for dike raising). The remaining topographic information depicted on the site should still closely represent conditions based on the 2015 survey. In addition, Section 01200, Technical Specifications, Paragraph 4, Site Conditions states:

Bidders are expected to examine all work sites, including the dredge areas and the dredge material placement area, and decide for themselves the conditions affecting their operations prior to submitting their bids. Records of previous dredging operations are available at the U.S. Army Engineer Corps of Engineers, New York District, Albany Field Office, 1 Bond Street, Troy, NY 12180. See Contract Clause entitled: “SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK” (FAR 52-236-3)

Question No. 1.c: Please make available the most recent x, y, z survey data of Houghtaling Island.

Response: USACE has not collected any more recent x, y, z data of Houghtaling Island. Therefore, none is available for this contract.

Question No. 2.a: There are many soil samples provided in the form of sieve curves.

How were these samples obtained?

Response: The following is a description of the sampling methods from ASI’s final report:

Test sediment from twenty locations was collected from four areas (R14/15, R30/31, R32, and R36/37)) in the Upper Hudson River by Aqua Survey personnel on May 31, 2017, June 1-2, 2017 and June 23, 2017.

The vessel used for sampling, the R/V Prattis was positioned using a Trimble SPS855 Differential Global Positioning System (DGPS). Sediment collection was performed using a Rossfelder P-3 vibracore with flexible plastic core liners. The project depth was 33 feet, including 1 foot overdredge.

The core samples collected were inspected and photographed. Characteristics were recorded on Sediment Core Logs. All samples were assigned unique ASI sample numbers. These samples were received on ice under chain of custody and were stored at 2-4 °C.

Question No. 2.b: Are there any Vibracore/Boring logs for these samples that are available for review?

Response: Vibrocore/Boring logs for these samples are on file at the New York District’s Albany Field Office, and are available to all interested parties. Please contact Robert Berrian at 518-273-0870 to request a copy of these records.

Question No. 3: Technical Specifications Clause 7.15.2 states that dredged material from Castleton Sub‐Area is to be dredged and placed first within the disposal area (Area B). It goes on to read that “this dredge material shall have been completely covered by the cleaner dredged material at the completion of dredging.” It is our understanding that the Castleton Sub Area is the only dredge material that goes into Area B. How is this supposed to be covered with cleaner dredge material when everything else that is dredged goes to Area A?

Response: Permit Condition 10, Placement at Houghtaling Island Site, in NYSDEC’s Water Quality Certification requiring covering of the material in Containment Area B by cleaner material was based on their assumption that all material being dredged under this contract was being placed in Containment Area B. Accordingly, the order of work specified in the WQC required that cleaner material be placed on top of the more contaminated material. USACE’s agreement with NYSDEC requires placement of a cover/cap on contaminated dredged material designated for disposal in Area B at such time when this site is permanently closed, not while the site in still in use. Since Area B is still an active and used site, covering of the dredged material from the Castleton Sub- Area is not required under this contract.

Question No. 4: The Water Quality Certificate under Item 7, states “dredging shall be done hydraulically using a hopper dredge”. We see no mention of a mechanical dredge being permitted to work on this project under the water quality certificate. However, Section 01200 of the Technical Specification clause 6.6 reads, “the contractor has the option of using either a hopper dredge or a mechanical dredge equipped with a closed environmental bucket”. Please clarify if a mechanical dredge is permitted to work on this project.

Response: A modified NYSDEC Water Quality Certificate has been obtained, and is included in this amendment. Permit Condition 7 now states:

Equipment Operation Dredging shall be done hydraulically using a hopper dredge, or environmental clamshell bucket. At all dredge sites, only equipment in good operating condition and appropriately designed to contain sediments shall be employed.

Sidecasting of dredged sediment is prohibited.

Question No. 5: The specifications require all of the dredging performed by a mechanical dredge be done utilizing a closed environmental bucket.

Reference:

Section 01200, page 6, paragraph 6.6, “The Contractor has the option of using either a hopper dredge or a mechanical dredge equipped with a closed environmental bucket to remove material from the Castleton, Stockport and Hudson dredge areas.”

Section 01200, page 32, paragraph 8.12.6, “If a mechanical dredge is used, the dredges clamshell bucket shall be a closed environmental bucket.”

The vast majority of the material to be removed for this project is composed of sand.

Closed environmental buckets are designed to remove Weight of Rod (or extremely low blow count) material consisting of silts/clays and can’t penetrate sand. Please clarify if the contractor will be allowed to switch to a conventional clamshell bucket if the material is unable to be dredged utilizing a closed environmental bucket.

Response: The NYSDEC Water Quality Certificate, as modified on June 27, 2018, only allows for the use of an environmental clamshell bucket. If the successful bidder proposes to use equipment not included as allowable in the NYSDEC WQC, USACE will forward a request to NYSDEC for a modification to the WQC. If approved, the Contractor would be required to comply with all conditions and special requirements included in the modified WQC.

Questions No. 6: Can the Corps provide their preferred method for on-site testing for PCBs?

Response: The Corps does not require any on-site testing of material placed within the designated cells for PCBs in this contract. All sampling, testing, protocols, parameters, methods and standards for return water monitoring and reporting requirements are prescribed in the NYSDEC Water Quality Certification included in Section 00 90 02 of the specifications.

Question No. 7: Does only water going through the B3 and A3 weirs need to be sampled?

Response: Correct. Return water sampling and testing shall occur at weirs A3 and B3 upon commencement of weir discharge. Please refer to the NYSDEC Water Quality Certification, Permit Conditions No. 25 and 26.

Questions No. 8: To expand the B.1 cell the southern dike of the existing B.1 cell will need to be removed to within 2 feet of the existing bottom surface, as stated on Sheet 11 of the plans, under Placement Site Notes, 7.

Question: As the bottom surfaces on either side of the dike are not equal, can the Corps specify which side of the dike determines the existing bottom surface benchmark?

Response: The 2 foot vertical offset refers to the south side dike (expansion area). The dike may be removed to the existing B.1 cell fill elevation, however, removal operations must avoid any significant disturbance to the in place material.

Question No. 9: Past solicitations for this job included "Section 00 45 00 - Representations and Certifications" and this recent solicitation does not.

Question: Can the Corps either include the section or explain its absence?

Response: Response: Section 00 45 00 Representations and Certifications has been created in this solicitation. The required Reps and Certs clauses have been moved from Section 00 72 00 to Section 00 45 00.

Question No. 10: Can the areas requiring Clearing & Grubbing be further defined?

Response: Please refer to Section 01200, TECHNICAL SPECIFICATIONS, Paragraph

7.8.1.1 General, for a definitive description of the required clearing and grubbing requirements.

Question No. 11: Are we going to be allowed in Cell B.1, B.2, and B.3 to blow the tree chips out onto the ground?

Response: Per Section 01200, TECHNICAL SPECIFICATIONS, Paragraph 7.8.1.4 Disposal of Materials, all materials from clearing and grubbing operations will be hauled and disposed of inside the designated tree and brush management area, or removed from the site and disposed of at an approved location.

Question No 12: Are we going to be required to clear or brush hog vegetation in Cell A.1, A.2, or A.3?

Response: Only woody vegetation would be required to be cleared from the interior on Cells A.1, A.2 and A.3. With the exception of the borrow area in Cell A.1, any herbaceous vegetation (e.g. grasses, reeds, ground cover, etc.) would not have to be removed.

Question No. 13: Page 9 of the specifications, section 7.6 Dredged Material Placement and Mitigation Plan, part e, indicates that we need to provide a Refueling Plan for Land

Based Equipment. What is going to be required for a refueling area, are we going to be required to install a lined area?

Response: The contractor is required to draft and submit their “Refueling Plan for Land Based Equipment” as part of their Dredge Material Placement and Mitigation Plan.

Since there may be varied approaches to a refueling plan, the Government will approve/disapprove this plan based on the features, and any required environmental protection controls, of the submitted plan.

Question No. 14: The plans do not indicate any erosion control measures, such as Silt Fence, are any erosion control measures going to be required?

Response: Erosion control measures should be addressed in the interim stabilization plan which is a component of the Dredged Material Placement and Mitigation Plan.

Please refer to Section 00 90 01, Attachment I for silt fence details.

Question No. 15: Regarding the clearing in the expansion cell B.1. Do you have to remove the tree stumps?

Response: Since disruption of the existing clean cap in the B.1 expansion cell is prohibited, the contractor will only be required to cut off the woody growth flush with the existing ground surface.

Question No. 16: While reviewing the project plans it was noticed that the points outlining the Hudson dredge area on Sheet 9 do not align with the points listed on the sheet.

Question: Could the points on Sheet 9 of the plans please be reviewed and corrected?

Response: The incorrect/misaligned Hudson dredge area coordinates have been corrected. The dredge area coordinate table has been revised to show the correct coordinates. The revised table is attached.

Question No. 17: Section 01200 Clause 7.10.4.3 requires the contractor to maintain a minimum of 2.0’ of freeboard at all times. It then reads that a “minimum of one foot of freeboard shall be maintained following completion of all dredged material placement operations”. Is the contractor required to fill the entire site to within one foot of top of dike? How is this to be done, given the limited material to be dredged? Please clarify.

Response: The Contractor is required to maintain a minimum of two feet of freeboard at all times. The sentence: “A minimum of one foot of freeboard shall be maintained following completion of all dredged material placement operations”; in Section 01200, Paragraph 7.10.4.3 of the specifications, has been deleted.

Question No. 18: How was the particle size distribution reports performed? R36/37‐1 shows a d50 of 0.2694 and R36/37‐2 shows a d50 of 0.5149. Yet the composite report of R36/37 which includes those two samples has a d50 of 0.2449, which is finer than both samples. Please clarify.

Response: The sampling, and physical and TOC analysis were performed by Aqua Survey, Inc. (ASI). Upon review of their report, ASI has indicated a mistake was made when inputting data for core R36/37-2 (see two attached grain size distribution test data pages). The error (60 min reading was incorrectly input as a 6 min reading) has been corrected and has resulted in the sand fraction changing from 92.0% to 88.7% with the corrected data. The largest difference in sand fraction between composite (86.0%) and core (90.5%) is around 5%, well within the variability of the method. The revised grain size distribution test data report is attached.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been added by reference:

52.204-19

The following have been added by full text:

REPS & CERTS

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been deleted from Section 00 72 00 and moved to Section 00 45 00:

52.204-8 52.204-19 52.209-7 252.204-7004 Alt A 252.204-7007

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been added by full text:

WAGE DETERMINATIONS

General Decision Number: NY180002 06/29/2018 NY2

Superseded General Decision Number: NY20170002

State: New York aed 06/29/2018

Construction Types: Building, Heavy and Highway

Counties: Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie and Washington Counties in New York.

BUILDING CONSTRUCTION PROJECTS (For all counties except COLUMBIA, FULTON & GREENE) (does not include single family homes and apartments up to a including 4 stories), HEAVY AND

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/09/2018 3 03/09/2018 4 04/27/2018 5 05/18/2018 6 05/25/2018 7 06/01/2018 8 06/22/2018 9 06/29/2018

ASBE0040‐002 05/01/2018

Rates Fringes

Asbestos/Insulator Worker SCOPE OF WORK: includes application of all insulating materials, protective, coverings, coating and finishing to all types of mechanical systems.....................$ 29.67 21.92

HAZARDOUS MATERIAL HANDLER

Duties limited to preparation wetting;

stripping; removal;

scrapping; vacuuming;

bagging; and disposing of all insulation materials, whether they contain asbestos or not from mechancial systems..........$ 29.67 21.92

BOIL0197‐002 01/01/2017

Rates Fringes

BOILERMAKER......................$ 34.54 24.78

BRNY0002‐019 07/01/2017

Rates Fringes

BRICKLAYER

BRICKLAYERS, STONE MASONS,

CEMENT MASONS, PLASTERERS,

POINTERS, CAULKERS &

CLEANERS....................$ 35.03 20.19

HEAVY & HIGHWAY

CONSTRUCTION

CEMENT MASONS..............$ 36.06 18.96

MARBLE, TILE & TERRAZZO

FINISHERS...................$ 26.40 16.57

MARBLE, TILE & TERRAZZO

WORKERS.....................$ 31.67 18.67

CARP0279‐006 01/01/2018

Rates Fringes

Carpenters:

HEAVY AND HIGHWAY

CONSTRUCTION (COLUMBIA AND

GREENE COUNTIES)

Carpenters, Millwrights, Pile Drivers...............$ 36.64 26.43

CARP0291‐005 01/01/2018

Rates Fringes

Carpenters:

SARATOGA COUNTY

BUILDING....................$ 30.45 20.65

WASHINGTON COUNTY

BUILDING....................$ 27.80 19.87

PAID HOLIDAYS: Labor Day, provided the employee has been on the payroll the calender week or any of the holiday week preceding the holiday and works the day after the holiday.

CARP0291‐008 01/01/2018

ALBANY, FULTON, MONTGOMERY, RENSSELAER, SCHENECTADY AND

SCHOHARIE COUNTIES

Rates Fringes

Carpenters:

BUILDING CONSTRUCTION

Carpenters & Soft Floor Layers.....................$ 30.93 20.65 Piledriver.................$ 30.93 20.65

HEAVY & HIGHWAY

CONSTRUCTION

Carpenters.................$ 30.78 20.35

CARP0291‐010 07/01/2017

Rates Fringes

Carpenters:

CARPENTERS..................$ 30.78 20.35

DIVER TENDERS...............$ 31.78 20.35

DIVERS (Dry Day)............$ 31.78 20.35

DIVERS......................$ 54.85 20.35

PILEDRIVERS.................$ 30.78 20.35

ELEC0236‐001 06/01/2017

ALBANY; COLUMBIA; FULTON; GREENE (that portion North of a line following the south limits of the city of Catskill);

MONTGOMERY; RENSSELAER, SARATOGA; SCHENECTADY; SCHOHARIE;

WASHINGTON

ELECTRICIAN......................$ 37.75 25.80

ELEC0363‐004 04/01/2018

GREENE COUNTY (Portion of)

ELECTRICIAN......................$ 40.00 3%+28.57+a

FOOTNOTE:

a. Paid Holidays: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day

ELEC1249‐003 05/07/2018

Rates Fringes

ELECTRICIAN (LINE

CONSTRUCTION: LIGHTING AND

TRAFFIC SIGNAL Including any and all Fiber Optic Cable necessary for Traffic Signal Systems, Traffic Monitoring systems and Road Weather information systems) Flagman.....................$ 26.28 6.75%+23.40+a Groundman (Truck Driver)....$ 35.04 6.75%+23.40+a Groundman Truck Driver (tractor trailer unit)......$ 37.23 6.75%+23.40+a Lineman & Technician........$ 43.80 6.75%+23.40+a Mechanic....................$ 35.04 6.75%+23.40+a

FOOTNOTE:

a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, plus President's Day, Good Friday, Decoration Day, Election Day for the President of the United States and Election Day for the Governor of the State of New York, provided the employee works the day before or the day after the holiday.

ELEC1249‐004 05/07/2018

Rates Fringes

ELECTRICIAN (Line Construction) Overhead and underground distribution and maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, fiber optic shield wire or any other like product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities :

Flagman....................$ 30.36 6.75%+23.40+a Groundman digging machine operator...................$ 45.54 6.75%+23.40+a Groundman truck driver (tractor trailer unit).....$ 43.01 6.75%+23.40+a Groundman Truck driver.....$ 40.48 6.75%+23.40+a Lineman and Technician.....$ 50.60 6.75%+23.40+a Mechanic...................$ 40.48 6.75%+23.40+a Substation:

Cable Splicer..............$ 55.66 6.75%+23.40+a Flagman....................$ 30.36 6.75%+23.40+a Ground man truck driver....$ 40.48 6.75%+23.40+a Groundman digging machine operator...................$ 45.54 6.75%+23.40+a Groundman truck driver (tractor trailer unit).....$ 43.01 6.75%+23.40+a Lineman & Technician.......$ 50.60 6.75%+23.40+a Mechanic...................$ 40.48 6.75%+23.40+a Switching structures;

railroad catenary installation and maintenance, third rail type underground fluid or gas filled transmission conduit and cable installations (including any and all fiber optic ground product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities), pipetype cable installation and maintenance jobs or projects, and maintenance bonding of rails; Pipetype cable installation Cable Splicer..............$ 57.11 6.75%+23.40+a Flagman....................$ 31.15 6.75%+23.40 Groundman Digging Machine Operator...................$ 46.73 6.75%+23.40+a Groundman Truck Driver (tractor‐trailer unit).....$ 44.13 6.75%+23.40+a Groundman Truck Driver.....$ 44.13 6.75%+23.40+a Lineman & Technician.......$ 51.92 6.75%+23.40+a

Mechanic...................$ 41.54 6.75%+23.40+a

a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday.

ELEC1249‐007 05/07/2018

COLUMBIA COUNTY

Rates Fringes

ELECTRICIAN (LIGHTING AND

TRAFFIC SIGNAL INCLUDING ANY

AND ALL FIBER OPTIC CABLE

NECESSARY FOR THE TRAFFIC

SIGNAL SYSTEMS, TRAFFIC

MONITORING SYSTEMS AND ROAD

WEATHER INFORMATION SYSTEMS)

Flagman.....................$ 27.05 6.75%+23.40+a Groundman Digging Machine Operator....................$ 40.57 6.75%+23.40+a Groundman Truck Driver (Tractor‐trailer unit)......$ 38.32 6.75%+23.40+a Groundman Truck Driver......$ 36.06 6.75%+23.40+a Lineman and Technician......$ 45.08 6.75%+23.40+a Mechanic....................$ 36.06 6.75%+23.40+a

PAID HOLIDAYS:

a. Memorial Day, New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday.

ELEC1249‐008 01/01/2018

Rates Fringes

ELECTRICIAN (Line Construction)

TELEPHONE, CATV

FIBEROPTICS CABLE AND

EQUIPMENT

Cable splicer..............$ 31.83 3%+4.73 Groundman..................$ 16.01 3%+4.73 Installer Repairman‐ Teledata Lineman/Technician‐ Equipment Operator.........$ 30.21 3%+4.73 Tree Trimmer................$ 23.95 3%+9.98+a

a. New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.

ELEV0035‐001 01/01/2018

ALBANY; COLUMBIA (Towns of Claverack, Hillsdale, Ghent, Stockport, Austerlitz,…