W912P609B0011_Specs.pdf

SOLICITATION NO: W912P6-09-B-0011

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

LOCK GATE REPLACEMENT

CHICAGO LOCK, CHICAGO HARBOR

CHICAGO, ILLINOIS

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

SOLICITATION

May 22, 2009

Lock Gate Replacement, Chicago Lock W912P6-09-B-0011

PROJECT TABLE OF CONTENTS

SECTION TITLE

A SOLICITATION/CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

H SPECIAL CONTRACT REQUIREMENTS

I CONTRACT CLAUSES

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.00 03 GENERAL PROVISIONS

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 32 01.01 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.00 03 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.00 03 USACE QUALITY CONTROL

01 45 01.10 03 USACE QUALITY CONTROL SYSTEM (QCS)

01 52 02.00 03 TEMPORARY CONSTRUCTION FACILITIES

01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00.00 03 PROJECT SIGN AND SAFETY SIGN

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 04 CONCRETE FOR MINOR STRUCTURES

DIVISION 05 - METALS

05 50 04 METALWORK FABRICATION, MACHINE WORK, MISCELLANEOUS PROVISIONS

DIVISION 09 - FINISHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DIVISION 22 - PLUMBING

22 16 26.00 20 BUBBLER SYSTEM

DIVISION 26 - ELECTRICAL

26 09 10 LOCK ELECTRICAL WORK

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 16.39 SECTOR GATES

DIVISION 41 - MATERIAL PROCESSING AND HANDLING EQUIPMENT

41 24 27 HYDRAULIC POWER SYSTEMS

-- End of Project Table of Contents --

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 23 Jun 2009

A X B

C D

EX

X G F 67 - 81

82 - 88 X H 89 - 90 regina.g.blair@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 90

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912P6 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

SEE SECTION L OF THIS RFP

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

REGINA G BLAIR 312.846.5371

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 21

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

23 - 25 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 26 - 27 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

28 - 51

PART II - CONTRACT CLAUSES

U. S. ARMY ENGINEER DISTRICT, CHICAGO

111 NORTH CANAL STREET SUITE 600

CHICAGO IL 60606-7206

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

52 - 66

6. REQUISITION/PURCHASE NO.

W81G6690691047

5. DATE ISSUED

22 May 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912P6-09-B-0011

Section A - Solicitation/Contract Form

IMPORTANT NOTES REGARDING THIS ACQUISITION:

PROJECT TITLE: CHICAGO LOCK GATES REPLACEMENT, CHICAGO HARBOR,

CHICAGO, IL

UNDER THE CONTRACT SET, the Contractor will be responsible for providing all necessary plant, facilities, labor, transportation, materials, and equipment to fabricate and install 4 new curved structural steel sector gate leafs and associated hydraulic operating machinery to replace 4 existing structural steel sector gate leafs and existing operating machinery within the Chicago Harbor Lock. The contractor shall install government furnished stop logs and dewater the gate areas to accomplish gate installation. Contractor shall perform miscellaneous concrete rehabilitation and installation of electrical controls associated with the new sector gates.

For Size Standard Purposes: The Small Business Size Standard (North American Industry Classification System (NAICS) Codes are as follows:

1. NAICS 332312, with a size standard of 500 employees (This industry comprises establishments primarily engaged in fabricating structural metal products.)

2. NAICS 237990, with a size standard in dollars of $33.5M (This industry comprises establishments primarily engaged in heavy and engineering construction projects; the work performed may include new work, reconstruction, rehabilitation, and repairs.)

This acquisition implements the statutes which prescribe labor standards requirements for supply and construction contracts; the applicable Labor Acts are the Walsh-Healey Public Contracts and Davis Bacon. In that regard, the USACE intends to award a firm-fixed supply contract, with a substantial amount of construction work, from this SOLICITATION.

The applicable Davis Bacon Wages are under Decision Number: IL080009 02/06/2009 IL9 and are provided in Section J of this document.

COMPETITION FOR THIS ACQUISITION IS UNRESTRICTED TO BUSINESS SIZE

ELECTRONIC OR FAXED BIDS WILL NOT BE ACCEPTED

SUBMITTAL PROCEDURES FOR THIS ACQUISITION ARE LOCATED IN SECTION L

OF THIS SOLICITATION DOCUMENT.

RECOVERY FUNDS (AMERICAN RECOVERY AND REINVESTMENT ACT) WILL BE

USED TO FUND/AWARD THE RESULTANT CONTRACT.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION

Firm-Fixed-Price (FFP)

PURCHASE REQUEST NUMBER: W81G6690691047

NET AMT

0002 1 Lump Sum

TEMPORARY CONSTRUCTION FACILITIES

FFP

0003 1 Lump Sum

FABRICATION & PAINTING OF WEST SECTOR GATES

0004 1 Lump Sum

FABRICATION & PAINTING OF EAST SECTOR GATES

0005 12 Months

STORAGE OF EAST SECTOR GATES

THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for actual storage costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional storage time is deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs outside of the bid price until the government has authorized the contractor to proceed with additional storage.

The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

0006 1 Lump Sum

FURNISH & STORAGE HYDRAULIC POWER SYSTEM - EAST GATES

0007 1 Lump Sum

BULKHEAD PLACEMENT & DEWATERING – WEST GATES

0008 1 Lump Sum

DEMOLITION - WEST GATES

0009 1 Lump Sum

INSTALLATION OF WEST SECTOR GATES

- INCLUDES INSTALLATION OF WEST GATES, FURNISH AND

INSTALLATION OF ALL HYDRAULIC POWER COMPONENTS,

ELECTRICAL POWER & CONTROL SYSTEM, CONCRETE WORK AND

ALL OTHER WORK NECESSARY FOR INSTALLATION OF WEST GATES.

0010 1 Lump Sum

EMERGENCY STANDBY CRANE BARGE

reimburse the Contractor for actual standby costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional standby time is deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional standby services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

Payment will be made for costs associated with providing a crane barge and towboat available 24/7 for entirety of contract to be used in emergency removal of bulkheads. Crane on barge must have sufficient capacity to lift stoplogs and maneuver them out of the way during an emergency storm event. The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

0011 20 Days

PHASE I - ALERT

reimburse the Contractor for actual costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

0012 10 Days

PHASE II - INITIATE RECALL & SECURE WORK AREA

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the

0013 1 Lump Sum

PHASE III - EVACUATE WORK AREA & RE-WATER GATE BAY

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the

0014 11 Each

PHASE IV - REMOVE BULKHEADS

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the

0015 1 Lump Sum

PHASE V - RECOVERY

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the

0016 1 Lump Sum

PERFORMANCE AND PAYMENT BONDS FOR LINE ITEMS 0001

THROUGH 0015

THIS IS A COST REIMBURSABLE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

0017 1 Lump Sum

OPTION DEMOLITION - EAST GATES

FFP

AWARD OF THIS OPTION ITEM: At the discretion of the government, this item may be unilaterally awarded by the government, at the price setforth herein, no later than September 1, 2010.

0018 1 Lump Sum

OPTION BULKHEAD PLACEMENT & DEWATERING EAST GATES

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

OPTION INSTALLATION OF EAST SECTOR GATES

- INCLUDES INSTALLATION OF EAST GATES, FURNISH AND

INSTALLATION OF ALL HYDRAULIC POWER COMPONENTS,

ELECTRICAL POWER & CONTROL SYSTEM, CONCRETE WORK AND

ALL OTHER WORK NECESSARY FOR INSTALLATION OF EAST GATES.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0020 1 Lump Sum

OPTION EMERGENCY STANDBY CRANE BARGE

reimburse the Contractor for actual standby costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional standby time is deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional standby services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

Payment will be made for costs associated with providing a crane barge and towboat available 24/7 for entirety of contract to be used in emergency removal of bulkheads. Crane on barge must have sufficient capacity to lift stoplogs and maneuver them out of the way during an emergency storm event. The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0021 20 Days

OPTION PHASE I ALERT

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0022 10 Days

OPTION PHASE II - INITIATE RECALL &

SECURE WORK AREA

THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for actual costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0023 1 Lump Sum

OPTION PHASE III - EVACUATE WORK AREA AND REWATER GATE BAY

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0024 11 Each

OPTION PHASE IV REMOVE BULKHEADS

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0025 1 Lump Sum

OPTION PHASE V RECOVERY

exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The contractor shall coordinate the services of this line item with the Contracting Officer’s Representative (COR) such that compliance with the ceiling price of this item and the tasks performed, the associated level of effort, and scheduling can be verified. Therefore, any work performed in association with this line item must be verified by the COR prior to the contractor’s submission of its invoice for this item.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this

0026 1 Lump Sum

OPTION PERFORMANCE AND PAYMENT BOND FOR LINE ITEMS 0017 THROUGH

THIS IS A COST REIMBURSABLE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

AWARD OF THIS OPTION ITEM: At the discretion of the government, this item may be unilaterally awarded by the government, at the price setforth herein, TOTAL BID PRICE (ITEMS 0001 THROUGH 0026): $___________________

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)--Alternate II (APR 1984)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE:

THE CONTRACTOR WILL BE REQUIRED TO COMMENCE WORK WITHIN 10 CALENDAR

DAYS FOLLOWING ITS ACKNOWLEDGMENT OF THE NOTICE TO PROCEED LETTER AND

COMPLETE ALL WORK IN ACCORDANCE WITH THE SEQUENCE OF WORK AS

DELINEATED BELOW.

MANDATORY SEQUENCE OF WORK: The contractor shall commence the process of installing the first set of new of sector gates in the west (downstream) gate block of the Chicago Harbor Lock on 1 November 2010. The installation of the new west gates must be completed and accepted by the COR before the contractor will be granted approval to take lock's existing east set of sector gates out of service. If the installation of west set of sector gates is not completed and accepted by 1 February 2011, the contractor will not be granted approval to commence with the installation of east set of sector gates until the following 1 November 2011 to 15 April 2012 lock closure period. The contractor shall restore the Chicago Harbor Lock to its full operational capacity no later than 0700 hours on 15 April 2012.

IMPORTANT NOTE: If the Contractor fails to perform the fabrication of the gates by 1 October 2010, the Contractor will be assessed liquidated damages in accordance with Contract Clause 52.211-11 (SEE Section F of this Solicitation document).

LOCK CLOSURES: The Chicago Harbor Lock will be closed to navigation from 0700 hours on 1 November 2010 to 0700 hours on 15 April 2011 to allow for the installation of the four new sector gates. At 0700 hours on 15 April 2011, the new sector gates shall be fully operational and the lock's chamber shall be open to pass maritime traffic. Closure of the Chicago Harbor Lock beyond 0700 hours on 15 April 2011 will not be permitted.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE:

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive THE NOTICE TO PROCEED by MID AUGUST 2009.

(End of clause)

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,473.43 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

Note: The liquidated damages, as specified above, apply to the overall completion time of the FABRICATION WORK, which must be completed by 1 October 2010.

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

(a) If the Contractor fails to complete the CONSTRUCTION work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,473.43 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.

(End of clause)

Note: The liquidated damages, as specified above, apply to the overall completion time of the INSTALLATION WORK, which must be completed by 15 April 2011.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

Section H - Special Contract Requirements

SPECIAL CONTRACT PROVISIONS

1. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION: The government will pay 60 percent of the amount of line item 0001 upon completion of the contractor’s mobilization to the project site and will pay 40 percent of line item 0001 upon completion of the contractor’s demobilization.

a. The contractor’s costs for mobilization and demobilization shall include all of its costs for plant and equipment.

b. The government may require the contractor to provide evidence/a justification of this part of its bid price, wherein, the government is unable to determine the invoiced amount as bearing no reasonable relationship to the cost of the work to be performed under the contract. If the contractor fails to justify its costs, the government will make payment based on the costs justified, which will not be subject to an appeal.

2. PERMITS AND RESPONSIBILITIES : The contractor shall obtain all necessary licenses and permits required to perform work of the contract. The contractor is responsible for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor will be responsible for damages to persons or property due to its fault or negligence.

3. WARRANTY OF CONSTRUCTION:

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.203-15 Whstleblower Protections Under the American Recovery and Reinvestment Act of 2009

MAR 2009

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements AUG 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Alt I Audit and records--Sealed Bidding (Mar 2009) Alternate I MAR 2009 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-9 Small Business Subcontracting Plan APR 2008 52.219-14 Limitations On Subcontracting DEC 1996 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2008 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items FEB 2009 52.248-3 Value Engineering-Construction SEP 2006 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (May 2004) - Alternate I

SEP 1996

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

JAN 2009

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7013 Duty-Free Entry OCT 2006 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings MAR 2006 252.225-7021 Trade Agreements NOV 2008 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR

2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).

This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period.