W912P6-13-B-0004_Rosewood_Specs.pdf

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

ROSEWOOD PARK

COASTAL ECOSYSTEM RESTORATION,

Great Lakes Fishery and Ecosystem Restoration (GLFER)

SECTION 506

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

Certified Final Documents-RTA W912P6-13-B-0004 August 09, 2013

Rosewood Park Coastal Ecosystem Restoration - GLFER W912P6-13-B-0004

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS

00010 SOLICITATION, OFFER, AND AWARD, SF 1442, BIDDING SCHEDULE

00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00600 REPRESENTATIONS, AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

DIVISION 00 - Level 2 EXISTING INFORMATION

00 31 32.13 SUBSURFACE DRILLING AND SAMPLING INFORMATION

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 22 00 MEASUREMENT AND PAYMENT

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 QUALITY CONTROL

01 45 00.10 USACE QUALITY CONTROL SYSTEM (QCS)

01 52 02 TEMPORARY CONSTRUCTION FACILITIES

01 56 26.03 TEMPORARY CHAIN-LINK FENCE AND GATE

01 57 20.01 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00 PROJECT SIGN AND SAFETY SIGN

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

03 33 00 CAST-IN-PLACE ARCHITECTURAL CONCRETE

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19.13 GEOTEXTILES USED AS FILTERS AND UNDERLAYS

31 13 19 TREE AND SHRUB CLEARING

31 31 19.13 CHEMICAL VEGETATION CONTROL

31 31 19.16 PRESCRIPTION BURNING

31 41 16 METAL SHEET PILING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 90.45 ESTABLISHMENT PERIOD

32 11 16 SUBBASES FOR PERVIOUS PAVING

32 11 24 GRADED CRUSHED AGGREGATE BASE COURSE FOR PERVIOUS PAVEMENT

32 13 43 PERVIOUS CONCRETE PAVING

32 14 13.19 PERMEABLE INTERLOCKING CONCRETE PAVEMENT

32 93 03 NATIVE PLANTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19.45 STONE MATERIALS AND PLACEMENT

-- End of Project Table of Contents –

W81G6631514155

ROSEWOOD PARK CONSTRUCTION PROJECT – Lake County, Illinois

Rosew ood Park is located in northeastern Illinois w ithin the boundaries of Lake County, near Highland Park, IL. This construction project requires removal of invasive species, removal of an existing culvert, and removal of an asphalt parking lot. The parking lot w ill be replaced, and native plant species w ill be planted w ithin the bluff and beach areas. The project also consists of shoreline construction, including extension of groynes and construction of breakw ater structures.

COMPETITION IS RESTRICTED TO SMALL BUSINESS CONCERNS

The applicable NAICS Code is 237990, w ith a small business size standard of $33.5 Million

WAGE RATES: General Decision Numbers: IL130011 08/09/2013 IL11 and IL 130018 07/05/2013 IL18

The magnitude of construction cost is betw een $5M and $10M.

ELECTRONIC OR FAXED BIDS WILL NOT BE ACCEPTED.

CONTINGENCY STATEMENT: The receipt of BIDS is contingent upon the USACE’s receipt of the required 401 Permit. In this respect, the USACE is under no obligation to receive bids for this project until such Permit has been acquired. Therefore, the due date for bids is subject to being extended until said Permit has been provided to the USACE.

X

ELIZABETH NEWELL

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

09-Aug-2013

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00700

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________10 Sep 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604

W912P6

PAGE OF PAGES

1 OF

CODE W912P6

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912P6-13-B-0004 61

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Mobilization and Demobilization

FFP

FFP = FIRM FIXED PRICE

PURCHASE REQUEST NUMBER: W81G6631514155

NET AMT

Groynes

FFP

This Item identifies information that relates directly to Sub-Items 0002AA through 0002AD; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0002AA through

0002AD.

0002AA 1 Lump Sum Sheetpile Groyne Removal

FFP

0002AB 1 Lump Sum Concrete Pier Removal

0002AC 16,800 Square

Foot

Sheetpile Groyne Installation

0002AD 1,042 Net Ton

(2,000 LB)

Northern Groyne Armor Stone - 1.5-3T

Stone Breakwaters

FFP

This Item identifies information that relates directly to Sub-Items 0003AA through 0003AD; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0003AA through

0003AD.

0003AA 16,150 Net Ton

Armor Stone - 3-5T

0003AB 9,240 Net Ton

Armor Stone - 1.5-3T

0003AC 5,415 Net Ton

Filter Stone

0003AD 4,805 Net Ton

Core Stone

Beach Revetment

FFP

This Item identifies information that relates directly to Sub-Items 0004AA through 0004AE; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0004AA through

0004AE.

0004AA 511 Net Ton

Armor Stone - A4

0004AB 252 Net Ton

Armor Stone - A5

0004AC 249 Net Ton

Filter Stone

0004AD 89 Net Ton

Bedding Stone

0004AE 1 Lump Sum Geotextile Fabric

Beach Replenishment

FFP

This Item identifies information that relates directly to Sub-Items 0005AA through 0005AB; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0005AA through

0005AB.

0005AA 45,000 Cubic

Yard

Beach Nourishment

0005AB 9,000 Cubic

Yard

Bypass Wedge Nourishment

Stream Restoration

FFP

This Item identifies information that relates directly to Sub-Items 0006AA through 0006AG; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0006AA through

0006AG.

0006AA 4 Each Remove Concrete Weirs

0006AB 220 Linear

Foot

Remove Box Culvert

0006AC 1 Lump Sum Remove Existing Parking Lot

0006AD 1 Lump Sum Permeable Concrete Parking Lot

0006AE .35 Acre Invasive Species Removal

0006AF .35 Acre Native Planting

0006AG .35 Acre Native Plant Establishment (YR 3-5)

Bluff Restoration

FFP

This Item identifies information that relates directly to Sub-Items 0007AA through 0007AC; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0007AA through

0007AC.

0007AA 1.70 Acre Invasive Species Removal

0007AB 1.70 Acre Native Planting

0007AC 1.70 Acre Native Plant Establishment (YR 3-5)

Ravine Restoration

FFP

This Item identifies information that relates directly to Sub-Items 0008AA through 0008AC; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0008AA through

0008AC.

0008AA 2.05 Acre Invasive Species Removal

0008AB 2.05 Acre Native Planting

0008AC 2.05 Acre Native Plant Establishment (YR 3-5)

Savanna Restoration

FFP

This Item identifies information that relates directly to Sub-Items 0009AA through 0009AC; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0009AA through

0009AC.

0009AA 1.85 Acre Invasive Species Removal

0009AB 1.85 Acre Native Planting

0009AC 1.85 Acre Native Plant Establishment (YR 3-5)

Dune Restoration

FFP

This Item identifies information that relates directly to Sub-Items 0010AA through 0010AC; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0010AA through

0010AC.

0010AA 1.15 Acre Invasive Species Removal

0010AB 1.15 Acre Native Planting

0010AC 1.15 Acre Native Plant Establishment (YR 3-5)

0011 1 Lump Sum Performance and Payment Bonds

FFP

FOR LINE ITEMS 0001 THROUGH 0010

THIS IS A COST REIMBURSABLE LINE ITEM - The government will reimburse the contractor for the actual cost of acceptable performance and payment 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 be 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 the contract changes.

0012 1 Lump Sum OPTION Porous Paver Parking Lot

0013 1 Lump Sum OPTION Concrete Cap for Sheetpile Groyne

0014 3,033 Net Ton

OPTION Groyne Armor Stone - 1.5-3T

0015 1 Lump Sum OPTION Performance and Payment Bonds

FFP

FOR OPTION LINE ITEMS 0012 THROUGH 0014

THIS IS A COST REIMBURSABLE LINE ITEM - The government will reimburse the contractor for the actual cost of acceptable performance and payment 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 be 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 the contract changes.

TOTAL

TOTAL BID PRICE (LINE ITEMS 0001 THROUGH 0015): $ ___________________

IMPORTANT NOTES

1. BID SCHEDULE NOTES: The Bid Schedule contains a combination of firm fixed price (FFP) and cost reimbursable line items. Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a firm fixed price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, under the cost reimbursable line items, the contractor will be reimbursed as stated within the extended description of the said line items.

2. BID CONDITIONS:

a. Contractor’s shall bid ALL items that are contained in the Bid Schedule, with no exceptions.

Should a contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BID ITEMS included in the Bid Schedule; the Contractor shall enter both its unit price and extended price for EACH BID ITEM, including the option items.

b. The Government intends to award the BASE BID ITEMS to the successful bidder at the bid prices provided under its winning bid schedule.

c. Split awards or multiple award contracts will not result from this Solicitation.

3. COMPETITION: Competition for this acquisition is RESTRICTED TO SMALL BUSINESS

CONCERNS.

4. AWARDING OF OPTIONS: At the government’s discretion, any, all or none of the Option Line Items (CLINS 0012 through 0015) may be awarded no later than 365 days after the Notice to Proceed has been acknowledged by the contractor. No additional time will be added to the contract for award of Option CLINS. Should the government determine it necessary to exercise an Option (Line Items 0012 through 0014), Options may be awarded in any order at the government’s discretion. The order of awarding the Options does not apply to the Payment and Performance Bond (Line Item 0015); additional bonding is required any time the contract value is increased, meaning Option Item 0015 must be awarded if any of the options are exercised.

5. SUBMISSION OF BIDS:

a. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED. All sealed Bids must be submitted in accordance with the procedures set forth in BLOCK NO. 13 of PAGE 1 of this Solicitation Document.

b. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30), by separate letter, or by telegram prior to opening of bids. Failure to acknowledge all amendments may cause rejection of the bid.

c. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located under the section designated as “OFFER” (refer to Items 14. through 20C.)

d. SECTION 00600 (REPRESENTATIONS AND CERTIFICATIONS): The bidder must fully complete Section 00600 of this Solicitation and submit it along with all other documents required by this Solicitation. Bids received without this Section fully completed may be rejected, considered non-responsive and ineligible for award.

e. BID GUARANTEE: The bidder is required to submit a Bid Guarantee for this procurement. Any bidder failing to submit an authentic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award. The Bid Guarantee shall be in the amount of 20% percent of the bidder’s bid price or $3,000,000.00, whichever is less.

f. DELIVERY OF BIDS:

Sealed Bids: Regardless of the method of delivery (mailed or hand-carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.

Mailed Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s – USACE Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604 prior to the date and time set of the opening of bids – See Block 13A of Page 1 of the Solicitation.

Hand – carried Bids Delivered on the Day of the Bid Opening: For bids being hand-carried after 12: NOON on the date of the bid opening, the bidder shall deliver its sealed bid directly to the Bid Opening Room, which is located on the 16th floor 231 South LaSalle Street, Chicago, Illinois 60604. Prior to12: NOON on the date of the bid opening, it is the responsibility of each bidder to ensure that its Bid is received by the Chicago District’ – USACE Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604 prior to the date and time set of the opening of bids.

6. BID OPENING ROOM: The designated Bid Opening Room is the USACE Main Conference Room, located on the 16th floor at 231 South LaSalle Street, Chicago, Illinois 60604. In order to gain access all interested participants must check in at the Security Desk in the lobby (Clark Street entrance) with a valid photo ID. The Security desk will issue an access card which the visitor will use to gain access to the USACE Main Office, Suite 1500. Each visitor is required to check‐in at the USACE Main Office, Suite 1500, where they will be asked to sign‐in and will then be directed to the Bid Opening Room. All individuals intending to attend the Bid Opening must allow enough time to go through security and check in at the USACE office before being escorted to the Bid opening room.

7. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart

36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $550,000, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a

Department of Defense requirement and was implemented to provide security in electronic transactions.

The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an external Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

8. APPARENT CLERICAL MISTAKES

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

9. QUESTIONS: PLEASE NOTE: INTERESTED BIDDERS MUST SUBMIT THEIR

CONTRACTING AND TECHNICAL INQUIRIES IN WRITING to Elizabeth Newell elizabeth.c.newell@usace.army.mil. – BE SURE TO INCLUDE THE SOLICITATION NUMBER

W912P6-13-B-0004 AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.

PREBID MEETING

Invitation is hereby extended to all prospective bidders to attend a Pre-Bid Meeting and Site Visit for this project. The Pre-Bid Meeting will be held on 27 AUGUST 2013 beginning promptly at 10am Central daylight time. The location of the meeting will be held in the parking lot of Rosewood Park, 45 Roger Williams Avenue, Highland Park, Illinois. The Site Visit will immediately follow the Meeting. During the Pre-Bid Meeting, government representatives will highlight specific contract requirements. The objective is to provide an information exchange between potential bidders and the government to avoid the possibility of misinterpretation of the contract requirements. In the interest of making the meeting more meaningful, prospective bidders are urged to present any written questions concerning the project bid documents, bidding, and construction requirements or other related matters prior to the pre-bid meeting.

Send written questions, by email to: Elizabeth Newell at elizabeth.c.newell@usace.army.mil. Ensure that your correspondence contains the project title/Solicitation number W912P6-13-B-0004. Written questions may be submitted at the beginning of the meeting and oral questions may be submitted from the floor. Questions will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled pre-bid meeting and site visit. Answers, interpretations, and decisions made at the meeting will not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of proposals. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.

The USACE strongly encourages attendance at its Pre-Bid Meetings and Site Visits and looks forward to obtaining feedback from interested contractors regarding the bid set.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 52.214-21 Descriptive Literature APR 2002 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.225-12 Alt II Notice of Buy American Act Requirement--Construction

Materials Under Trade Agreements (Feb 2009) Alternate II

JUN 2009

52.232-15 Progress Payments Not Included APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

19.6% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

HIGHLAND PARK, LAKE COUNTY, ILLINOIS

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Regina G. Blair, Chief of Contracting U.S. ARMY CORPS OF ENGINEERS – Chicago District 231South LaSalle Street, Suite #600 Chicago, Illinois 60604

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Eric Pagoria Telephone: (847) 688-4496

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/

(End of provision

Section 00600 - Representations & Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

MAY 2011

52.209-7 Information Regarding Responsibility Matters FEB 2012 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.225-18 Place of Manufacture SEP 2006 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.247-7023 Transportation of Supplies by Sea JUN 2013

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (APR 2011)

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

(2) The small business size standard is $33.5M.

(3) The small business…