W912P417T0021_Security_Fence_Repair_Solicitation_PKG.pdf

W912P417T0021

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

SECURITY FENCE SECTION

FFP

Remove and replace damaged security fence section. The contractor must remove the damaged area of the security fence located on the West Guide Wall of the Black Rock Lock and dispose of it off-site. Please see attached Statement of Work for more detailed information.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

EAST LOCK WALL FENCE

FFP

IInstall tension wire on east lock wall fence. The contractor must install approximately 750' of 9 guage aluminzed steel tension wire on the bottom of the chain link fence located between the lock houses. Please see attached Statement of Work for more detailed information.

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2017 1 NY/PA OPER/MAINT OFFICE

DOCKSTADER, BRIAN

1776 NIAGARA STREET

BUFFALO NY 14207-3199

7168794282

9623ER

0002 30-SEP-2017 1 (SAME AS PREVIOUS LOCATION)

9623ER

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JAN 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $15,000,000.

(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 elinquent 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) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

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

(xix) 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.)

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

(xxi) 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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 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.

(xxv) 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)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .60 * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $150.00 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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

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

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

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

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/these address(es):

https://www.acquisition.gov htt/://farsite.hill.af.mil

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

U.S. Army Corps of Engineers® Buffalo District

Statement of Work Black Rock Lock, Buffalo, New York

Security Fence Repair

Customer:

Lockmaster, Black Rock Lock

Prepared By:

Brian Dockstader, NY/PA O&M

U.S. Army Corps of Engineers Buffalo District

1776 Niagara Street

Buffalo, NY 14207

April 2017

1 General Description of Work

1.1 Base Bid Item(s)

1.1.1 Base Bid Item 1 - Remove and Replace Damaged Security Fence Section

1.1.2 Base Bid Item 2 - Install Tension Wire on East Lock Wall Fence

2 Point of Contact

3 Pre-Bid Site Visit

4 Project/Contractual References

5 Material/Equipment Specifications

6 Detailed Description of Work

6.1 Detailed Description of Work – Base Bid Item(s)

6.1.1 Base Bid Item 1 - Remove and Replace Damaged Fence Section

6.1.2 Base Bid Item 2 - Install Tension Wire on East Lock Wall Fence

7 Project Information

7.1 Basis for Award

7.2 Period of Performance

7.2.1 Pre-Construction Submittals

7.3 Work Schedule

7.4 Material/Equipment Information

7.5 Dimension/Quantity Verification

7.6 Material Storage

7.7 Site Cleanup

8 Repair/Restoration of Government Property

9 Work Stoppage, Contract Cancellation Actions

10 Material Change Orders

11 Liquidated Damages

12 Inspection/Testing

12.1 Pre-Final/Final Inspection

13 Completion

14 Payment

15 Safety

16 Security

16.1 Access and General Protection/Security Policy and Procedures

16.1.1 Candidate Pre-Screening

16.1.2 Background Investigation

16.1.3 Access Badge

16.1.4 Suspicious Activity Reporting Training

16.2 Start of Work

16.3 Arrival/Departure

16.4 Video/Camera Equipment

17 Submittals

17.1 Bid Submittals

17.2 Pre-Construction Submittals

17.3 Project Completion Submittals

Attachment #1 – Bid Schedule

Attachment #2 – Directions to Black Rock Lock

Attachment #3 – Blank Activity Hazard Analysis

Attachment #4 – USACE Buffalo District Monthly Man Hour Exposure Report

1 General Description of Work

The contractor shall perform the following work under this contract:

1.1 Base Bid Item(s)

1.1.1 Base Bid Item 1 - Remove and Replace Damaged Security Fence Section

1.1.2 Base Bid Item 2 - Install Tension Wire on East Lock Wall Fence

2 Point of Contact

For scheduling project site visits and/or questions regarding this Statement of Work:

U.S. Army Corps of Engineers, Buffalo District

Attn: Contracting Officer

1776 Niagara Street

Buffalo, New York 14207

Phone: 716-879-4126

Facsimile: 716-879-4353

3 Pre-Bid Site Visit

There will be one (1) scheduled pre-bid site visit for prospective bidders. The date and time of the visit will be posted on FBO. The location of the visit will be Black Rock Lock at US Army Corps of Engineers Buffalo District

Reservation, 1776 Niagara Street, Buffalo, New York 14207. Prospective bidders are urged to attend to gain information that will be necessary in the preparation of bid submittals. Due to maintenance, operation and security requirements, unscheduled visits will not be honored. Following a visit to the project site, a question and answer session will be held. During this session, prospective bidders are asked to direct all questions concerning the project to the Buffalo District Contracting Office (DCO).

4 Project/Contractual References

EM 385-1-1, 30 Nov 2014, U.S. Army Safety and Health Requirements Manual

5 Material/Equipment Specifications

The following material and equipment specifications must be met for this project:

ASTM A491 Aluminum-Coated Steel Chain Link Fence Fabric

ASTM A641/A641M-Fittings and Hardware

ASTM F626-Fittings

ASTM A817-Tension Wire

All materials must be submitted as a pre-work submittal to the government for approval prior to beginning work.

6 Detailed Description of Work

6.1 Detailed Description of Work – Base Bid Item(s)

6.1.1 Base Bid Item 1 - Remove and Replace Damaged Fence Section

The contractor must remove the damaged area of the security fence located on the West Guide Wall of the Black

Lock Rock and dispose of off-site. The contractor may access the work area through Unity Island. Replace the damaged fence section in-kind. The two damaged section consists of two panels separated by a 3” post with a stiffener. The approximate damaged section is 20’ long (10’ per panel) by 12’ high. The fence is constructed of 6 gauge ASTM A491 aluminized 2” chain link fabric to a height of 10’, with 5’ of 14 gauge mini 3/8” mesh fabric.

The 2” chain link fabric must be buried to a depth of 18” below grade and backfilled. The 3/8” mesh is supported by 1-5/8” aluminized rail and attached to the fence. The chain link is connected to the posts by 3” 9 gauge aluminized steel military style ties and the 3/8” mesh is connected using 1-5/8” 9 aluminized gauge military style rail ties. A quantity of one (1) curved post must be replaced in-kind with a galvanized steel post, including a horizontal stiffener between posts. In addition to the two full sections that require replacement, the Contractor must replace in kind three sections of the fence that do not require a full replacement including the fabric mesh, chain link fabric, rails and any hardware/connections that need to be replaced (material is to be the same as described above in this item).

6.1.2 Base Bid Item 2 - Install Tension Wire on East Lock Wall Fence

The contractor must install approximately 750’ of 9 gauge aluminized steel tension wire on the bottom of the chain link fence located between the lock houses. Include all necessary galvanized hardware to complete the installation, including but not limited to: end/rail bands and bolts, wire/fence clips hog rings. Wire shall be installed taut.

7 Project Information

7.1 Basis for Award

The government shall award the contract to the offeror who provides the lowest priced technically acceptable offer.

The evaluated price shall include the base work plus all option(s). In order to be considered technically acceptable, the contractor shall:

Have a minimum of (5) years experience on projects of a similar nature. The contractor shall supply the names, locations, and client contact information for two (2) projects of similar size and scope that have been accomplished within the previous five (5) years as part of the bid submittals.

7.2 Period of Performance

The project completion date is set at forty five (45) days following the initial award of the contract. In the event the contractor is unable to meet the project completion date, requests for extensions must be made in writing. The request must explain, in detail, why the original project completion date will not be met. The request shall be sent to the DCO along with an informational copy to the Project Manager (PM). The request shall be made as soon as possible, but not later than ten (10) days prior to the original completion date. This request shall not negate penalties for liquidated damages unless an extension is granted by the DCO in writing.

7.2.1 Pre-Construction Submittals

All pre-construction submittals, as stated in Section 17.2 of this SOW, shall be provided to the government within fourteen (14) days following the award of the contract. The contractor shall allow up to twenty-one (21) days from time of receipt for government review of submittals. Work may not begin until government approval of all submittals required in Section 17.2 of this Statement of Work.

7.3 Work Schedule

All scheduled work is to be performed Monday through Friday 0800-1630 hours, excluding federal holidays. If the contractor desires to work beyond the previously stated hours and days, written permission to do so shall be obtained from the government. Schedule changes shall be requested at minimum 24 hours in advance, unless there is an emergency situation.

7.4 Material/Equipment Information

Contractor shall provide all labor, tools, ladders, scaffolding, equipment, supplies and materials needed to complete the work described herein, unless otherwise noted herein that any of these items will be provided by the government.

7.5 Dimension/Quantity Verification

Contractor shall independently measure and verify all dimensions and quantities given herein prior to ordering materials and supplies for the project. This information shall be provided to the government QA person as part of the pre-work submittals.

7.6 Material Storage

If temporary storage of project material is requested, the contractor shall make a written request to the government’s

QA person and receive written approval from the government. If material is found to be hazardous, flammable, combustible, etc., the contractor will be required to provide the appropriate hazardous material storage locker. Storage locations will be discussed at the pre-bid site visit and during the pre-con meeting.

7.7 Site Cleanup

All excess, waste, and removed material related to this project shall become the contractor’s property and shall be promptly removed from the site and disposed of or reused/recycled in accordance with applicable local, state, and federal regulations. Documentation describing disposal of material shall be furnished to the government as part of the project closeout files. The contractor shall not dispose of any project generated waste in government receptacles or on government grounds.

8 Repair/Restoration of Government Property

Contractor, at no expense to the government, is required to protect all government facilities, grounds, equipment, sidewalks, and pavement during construction. All government structures, grounds, and equipment disturbed by contractor during the performance of work shall be returned to a pre-work condition prior to request of final payment.

Damages to government property that were caused by contractor and/or sub-contractor will be repaired at no expense to the government by the prime contractor.

9 Work Stoppage, Contract Cancellation Actions

The Lock Master of Black Rock Lock, PM, or government QA person may issue temporary “Stop Work” notification if they find activities or job site conditions are in violation of Federal, Department of Defense, State or local health, safety and/or environmental standards, laws and regulations. The District Safety Officer (DSO), the DCO, and the PM shall be contacted immediately after a Stop Work notification order is issued or rescinded. Violation of health, safety or environmental regulations committed by the contractor shall not be grounds for compensation by the government to the contractor. Refer to contractual documents provided by the District Contracting Office regarding additional work stoppage and/or contract cancellation actions.

10 Material Change Orders

Once equipment and materials are approved and accepted by the government, the contractor shall not substitute equipment or materials without providing a detailed explanation for the substitution. Changes in materials will require full justification and approval from the DCO. Modifications to contractual documents must be reviewed by the contractor, government QA person and PM, and approved by the government’s DCO. Requests for modifications must be in writing explaining the reasons for the modification, detailed description of the modification and what the benefits are and an estimated cost broken down by materials, labor and equipment.

11 Liquidated Damages

Liquidated damages of $150 per work day will be assessed if the work is not completed within the time period described in Section 7.2 of this Statement of Work. Liquidated damages shall be assessed beginning the day following the end of the initial period.

12 Inspection/Testing

12.1 Pre-Final/Final Inspection

Upon completion of the work, the government will perform a pre-final inspection to verify that the project is complete. A government pre-final punch list may be developed as a result of this inspection. If contractual requirements are not met, this list shall be provided to the DCO, who will bring them to the attention of the contractor.

The contractor’s QC supervisor shall ensure that all items on this list have been corrected in a timely manner before notifying the government, so that a final inspection with the government and contractor can be scheduled. The contractor’s QC supervisor, PM, DCO representative, and QA person shall be in attendance at the final acceptance inspection.

13 Completion

The contract will not be deemed fulfilled until all submittals, products, services, equipment, material, installation, construction work, and final inspection is provided by the contractor under the terms of the contractual documents and found satisfactory to the DCO.

14 Payment

The project will be paid for on a lump sum basis, the price for which includes all labor, materials, equipment, mobilization/demobilization, disposal, and other costs required to complete the work. Partial payment(s) may be made; this will be discussed at the pre-construction meeting.

15 Safety

The contractor shall submit an Activity Hazard Analysis (AHA) in accordance with the US Army Corps of Engineers

EM 385-1-1 safety manual. Refer to Attachment #3 for a blank AHA.

16 Security

16.1 Access and General Protection/Security Policy and Procedures

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures, which will be provided by a government representative. The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by the Army Corps of Engineers (USACE) Buffalo District Emergency Management Office. Contractor workforce must comply with all personal identity verification requirements as directed by the Department of Defense (DOD), Headquarters

Department of the Army (HQDA) and/or USACE Buffalo District policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the government may require changes in contractor security matters or processes.

16.1.1 Candidate Pre-Screening

The contractor must pre-screen candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

16.1.2 Background Investigation

For all prime and subcontractor employees working at the Black Rock Lock, the following Personally Identifiable

Information (PII) shall be provided for the US Army Corps of Engineers to perform a limited background check:

Complete name, social security number, driver’s license number, date of birth, place of birth, and current address of residence. This information is mandatory before any workers will be allowed to enter the facility. The contractor shall allow up to twenty-one (21) days from time of receipt for government completion of background checks. Work may not begin until government clearance of employees is given to the prime contractor.

16.1.3 Access Badge

In order to grant access to the Buffalo District Reservation and Black Rock Lock, all employees will be required to turnover a valid photo ID on a daily basis to the security guard. Employees shall be given a visitor badge which shall be worn at all times on the premises. The photo ID will be returned once the employee leaves the premises.

16.1.4 Suspicious Activity Reporting Training

The contractor and all associated sub-contractors shall receive a brief/training provided by the PM on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the

PM no later than five calendar days after the completion of the training.

16.2 Start of Work

Contractor shall notify the PM of their planned arrival at the project to start work at least seven (7) calendar days in advance. Contractor shall submit a weekly work schedule thereafter by no later than the Friday before the coming work week.

16.3 Arrival/Departure

Contractor is required to notify the government QA person or Lockmaster of their arrival to and departure from the project site. A similar notification is required if there shall be any deviation or cancellation of a scheduled work day during the life of the project.

16.4 Video/Camera Equipment

Contractor shall not transport or use video or camera equipment while working at Black Rock Lock unless permission to do so is requested through the Lockmaster and approval is granted by the Buffalo District Security Officer.

17 Submittals

17.1 Bid Submittals

The following submittals are required from the contractor under this Scope of Work to be submitted with the bid proposal:

Complete Bid Schedule with prices for all bid items. (See Attached)

Contractor experience as stated in Section 7.1

Other documentation as required by the DCO:

o Representations and certifications

17.2 Pre-Construction Submittals

All submittals are required as per the timeline described in Section 7.2 of this SOW:

Activity Hazard Analysis (AHA)

All materials/equipment data sheets provided under the contract:

o Fence fabric/mesh, posts, tension wire, hardware

17.3 Project Completion Submittals

All submittals are required as per the timeline described in Section 7.2 of this SOW:

All required submittals required under this contract.

Monthly Man-Hour Exposure Report

END OF STATEMENT OF WORK

Attachment #1 – Bid Schedule

Attachment #2 – Directions to Black Rock Lock

Attachment #3 – Blank Activity Hazard Analysis

Attachment #4 – USACE Buffalo District Monthly Man Hour Exposure Report

Attachment #1 – Bid Schedule

Black Rock Lock, Buffalo, New York

Security Fence Repair

April 2017

Item No. Description Bid Quantity Bid Unit Unit Price ($) Price ($)

1 (Base) Remove and Replace Damaged Fence

Section 1 Job

2 (Base) Install Tension Wire 1 Job

TOTAL BASE BID AMOUNT (Item(s) 1-2):________________

TOTAL BID AMOUNT (Item(s) 1-2):________________

Attachment #2 – Directions to Black Rock Lock

Attachment #3 – Blank Activity Hazard Analysis

*Note: This is an un-editable image. See attachment of PDF document for editable XML version.

Attachment #4 – USACE Buffalo District Monthly Man Hour Exposure Report (Ref. EM 385-1-1, Section 01.D.04D)

Contract No. __________________________________________________

Month/Year __________________________________________________

P/

R WEEK WEEK

DAYS

PER

PROJECT NAME &

LOCATION

TYPE OF

CONTRACTO

R

MANHOUR

S

# OF LOST

WORKDAYS

# OF DAYS SINCE

LAST

BEGINNIN

G

ENDIN

G WEEK

OPERATIO

N NAME WORKED DUE TO INJURY LOST WORKDAY

TOTALS 0.0 0.0

General Decision Number: NY170008 06/16/2017 NY8

Superseded General Decision Number: NY20160008

State: New York

Construction Types: Heavy and Highway

Counties: Cattaraugus, Chautauqua and Erie Counties in New York.

HEAVY CONSTRUCTION PROJECTS: CHAUTAUQUA AND ERIE COUNTIES; AND

HIGHWAY CONSTRUCTION PROJECTS: CATTARAUGUS, CHAUTAUQUA AND

ERIE COUNTIES

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 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 $10.20 (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 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 02/03/2017 2 03/03/2017 3 03/10/2017 4 04/28/2017 5 05/12/2017 6 05/19/2017 7 06/09/2017 8 06/16/2017

ASBE0004-001 05/01/2017

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (include application of all materials, protective coverings, coatings, and finishings to all types of mechanical systems).........................$ 32.60 22.29

HAZARDOUS MATERIAL HANDLER.......$ 32.60 22.29

BOIL0007-001 01/01/2017

Rates Fringes

BOILERMAKER......................$ 33.00 28.15

6/28/2017https://www.wdol.gov/wdol/scafiles/davisbacon/NY8.dvb?v=8

BRNY0008-004 07/01/2015

CHATAUQUA COUNTY AND CATTARAUGUS COUNTY (EXCLUDING TWNSP OF

PERRYSBURG)

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 29.87 17.79

BRNY0045-001 07/01/2016

ERIE, CATTARAUGUS (Towns of Perrysburg & Gowanda)

Rates Fringes

Bricklayer, Stonemason...........$ 31.05 23.60 Cement mason.....................$ 31.05 23.60

MARBLE SETTER....................$ 31.21 20.54

TERRAZZO FINISHER................$ 29.08 14.67

TILE FINISHER....................$ 29.08 14.67

Tilesetter & Terrazzo Worker.....$ 31.21 20.54

CARP0276-002 07/01/2016

CHAUTAUQUA; CATTARAUGUS (Remainder of County).

Rates Fringes

Carpenters:......................$ 29.10 20.48

FOOTNOTES:

a. Paid Holidays: Independence Day and Labor Day, provided the employee works his scheduled day before and after the holiday and is on the payroll week in which the holiday falls.

CARP0276-013 07/01/2016

CATTARAUGUS (Townships of Persia and Perrysburg) ERIE (Grand Island)

Rates Fringes

CARPENTER

Heavy & Highway.............$ 33.14 27.57

FOOTNOTES:

a. PAID HOLIDAYS: Independence Day, Labor Day, provided the employee works his scheduled day before and after the holiday and is on the payroll in the payroll week in which the holiday falls.

CARP0276-021 07/01/2016

CATTARAUGUS (Townships of Persia and Perrysburg)

Rates Fringes

CARPENTER

Heavy & Highway.............$ 29.10 20.48

FOOTNOTES:

a. PAID HOLIDAYS: Independence Day, Labor Day, provided the employee works his scheduled day before and after the holiday and is on the payroll in the payroll week in which the holiday falls.

* ELEC0041-007 05/29/2017

ERIE, CATTARAUGUS (Ashford, East Otto, Ellicottville, Farmersville, Freedom, Franklinville, Lyndon, Machias, Mansfield, New Albion, Otto, Perrysburg, Persia and Yorkshire Townships)

Rates Fringes

CABLE SPLICER....................$ 36.73 3%+22.29

ELECTRICIAN......................$ 34.64 27.13

ELEC0041-008 05/29/2017

ERIE, CATTARAUGUS (Ashford, East Otto, Ellicottville, Farmersville, Freedom, Franklinville, Lyndon, Machias, Masnfield, New Albion, Otto, Perrsburg, Persia and Yorkshire Townships)

Rates Fringes

Communications System CABLER......................$ 10.50 11.41+a INSTALLER...................$ 17.65 17.12+a MASTER TECHNICIAN...........$ 26.95 17.40+a SOUND WIREMAN...............$ 24.50 17.33+a

Work covers low voltage construction, installation, maintenance, and removal of teledata facilities (voice, data and video) including outside plant, telephone and data inside wire, interconnect, terminal equipment, central offices, PABX fiber optic cable and equipment, railroad communications, micro waves, V-Sat, bypass, CATV, WAN (wide area networks); LAN (local area networks) and ISDN (integrated systems digital network). Also, installation of sound systems, nurses call systems, intercom systems, staff registry/locating/signaling systems, antenna systems and associated devices; installation of security systems and apparatus, and cabling from VDT's to computers. This work does not apply to new construction, or to the installation of raceway systems and boxes for the above work.

FOOTNOTE:

a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day.

ELEC0106-002 01/01/2017

CHAUTAUQUA, CATTARAUGUS (Remainder of County)

Rates Fringes

CABLE SPLICER....................$ 35.75 20.68

ELECTRICIAN......................$ 35.00 22.10

* ELEC1249-003 05/01/2017

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.....................$ 25.59 6.75%+22.65+a Groundman (Truck Driver)....$ 34.12 6.75%+22.65+a Groundman Truck Driver (tractor trailer unit)......$ 36.25 6.75%+22.65+a Lineman & Technician........$ 42.65 6.75%+22.65+a Mechanic....................$ 34.12 6.75%+22.65+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 05/01/2017

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....................$ 29.52 6.75%+22.65+a Groundman digging machine operator...................$ 44.28 6.75%+22.65+a Groundman truck driver (tractor trailer unit).....$ 41.82 6.75%+22.65+a Groundman Truck driver.....$ 39.36 6.75%+22.65+a Lineman and Technician.....$ 49.20 6.75%+22.65+a Mechanic...................$ 39.36 6.75%+22.65+a Substation:

Cable Splicer..............$ 52.75 7.25%+21.75+a Flagman....................$ 28.77 7.25%+21.75+a Ground man truck driver....$ 38.36 7.25%+21.75+a Groundman digging machine operator...................$ 43.16 7.25%+21.75+a Groundman truck driver (tractor trailer unit).....$ 40.76 7.25%+21.75+a Lineman & Technician.......$ 47.95 7.25%+21.75+a Mechanic...................$ 38.36 7.25%+21.75+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..............$ 54.20 7.25%+21.75+a Flagman....................$ 29.56 7.25%+21.75+a Groundman Digging Machine Operator...................$ 44.34 7.25%+21.75+a Groundman Truck Driver (tractor-trailer unit).....$ 41.88 7.25%+21.75+a Groundman Truck Driver.....$ 39.42 7.25%+21.75+a Lineman & Technician.......$ 49.27 7.25%+21.75+a Mechanic...................$ 39.42 7.25%+21.75+a

FOOTNOTE:

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.

* ELEC1249-008 01/01/2017

Rates Fringes

ELECTRICIAN (Line Construction)

TELEPHONE, CATV

FIBEROPTICS CABLE AND

EQUIPMENT

Cable splicer..............$ 30.90 3%+4.43 Groundman..................$ 15.56 3%+4.43 Installer Repairman- Teledata Lineman/Technician- Equipment Operator.........$ 29.33 3%+4.43 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.

ELEV0014-001 01/01/2017

Rates Fringes

ELEVATOR MECHANIC................$ 46.80 31.585+a+b

FOOTNOTE:

a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked.

b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.

ENGI0017-012 07/01/2015

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 35.16 28.69+a GROUP 2.....................$ 30.66 28.69+a GROUP 3.....................$ 35.91 28.69+a GROUP 4.....................$ 36.16 28.69+a GROUP 5.....................$ 36.66 28.69+a GROUP 6.....................$ 36.23 28.69+a

NOTE: HAZARDOUS WASTE PREMIUM $2.50

TUNNEL…