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The U.S. Army Corps of Engineers - Louisville District Soliciting Comments on the Potential Use of Project Labor Agreements (PLA) at Rough River Lake

Solicitation Number: W912QR24B0009

Description: The Corps of Engineers Louisville District is soliciting comments from the construction community addressing the potential use of Project Labor Agreements (PLA) for a large-scale construction project (exceeding $25 million) for the following:

The Rough River Dam Safety Modification Phase II Project includes the construction of a new left abutment outlet works in order to facilitate cutoff wall construction. Completion of the new outlet works must require a new approach channel, control tower, service bridge, outlet conduit tunnel, stilling basin, and retreat channel along with commissioning of the new control tower. Completion of the cutoff wall requires abandonment of the existing right abutment outlet works, construction of a work platform, slurry control grouting, construction of a cutoff wall into the dam foundation and through the existing outlet conduit, abandonment of the existing control tower, backfilling the existing retreat channel, instrumentation installation/relocations, and relocation of Highway 79 back to the dam crest.

a. Approach Channel: The approach channel is 945 feet long and 50 feet wide with 6V:1H side slopes. The excavation consists of a combination of underwater dredging, underwater intact rock excavation, and surface excavation in predominately hard bedrock.

b. Control Tower: The control tower will be 177 feet tall and be composed of reinforced concrete having a footprint of 56 feet by 60 feet. The control tower will have two 6.25-feet x 14-feet service and emergency gates for primary flow conveyance. The tower will have a 150-feet long service bridge extending to the left abutment. A 600 feet long cohesive earth cofferdam founded on dentally treated bedrock will be required to protect the excavation up to the top of active storage for the reservoir. A double line grout curtain will be completed below the cofferdam and extend to surround the perimeter of the control tower pit excavation to minimize groundwater and seepage entering the excavation work area.

c. Tunnel: The approximate 970 feet long tunnel will have a 14 feet inside diameter tunnel with a 12-inch abrasion resistant reinforced concrete liner. The tunnel heading shall be from the downstream portal. The upstream portal shall be constructed integral to the control tower. The portals and portions of the tunnel extending below the dam footprint shall be mechanically excavated.

d. Stilling Basin: The stilling basin will be 115 feet long, 40 feet wide, and approximately 55 feet below the ground surface. The stilling basin excavation shall be staged to facilitate tunnel completion. The excavation will have a 15-foot horizontal bench, and rock fence located above the training walls. The bedrock excavation will continue downstream of the stilling basin and will be protected via a 2-foot thick concrete apron before transitioning to KYTC Class III Channel Lining at the intersection with the historic river channel.

e. Abandonment of the Existing Control Tower: Once the new outlet works is operational and fully commissioned, the existing control tower and conduit will be abandoned by permanently sealing the existing service gates and filling the lower control tower and outlet conduit with balanced, stable, high mobility cement/bentonite grout or non-shrink concrete.

f. Cutoff Wall: A new and complete 1,640 feet + long, 2 feet minimum thick, concrete cutoff wall through the embankment and into the foundation rock. Depth of the wall varies across the dam but can be as great as 200’ from the crest of the dam. Additional slurry control grouting will be required near the existing conduit. The cutoff wall will sever the existing conduit and extend through to the bedrock below. The work at the conduit area shall not proceed until the new outlet works is fully functioning and the existing outlet works has been suitably abandoned.

g. Relocations: Highway 79 will be located back to the crest of the dam and dam restoration.

A PLA is defined as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). Federal Acquisition Regulation (FAR) Policy:

(a) Project Labor Agreement (PLA) is a tool that agencies may use to promote economy and efficiency in Federal procurement. Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects.

(b) An agency may, if appropriate, require that every contractor and subcontractor engaged in construction on the project agree, for that project, to negotiate or become a party to a project labor agreement with one or more labor organizations if the agency decides that the use of project labor agreements will:

(1) Advance the Federal Governments interest in achieving economy and efficiency in Federal procurement, producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters; and

(2) Be consistent with law.

Reference: Provision: 52.222-33 Notice of Requirement for Project Labor Agreement Clause 52.222-34 Project Labor Agreement.

In consideration of the above factors, and any others which may be deemed appropriate, the construction community is invited to comment on the use of PLAs. Of particular interest to the Government are responses to the following questions:

a. Do you have knowledge that a PLA has been used in the local area on projects of this kind? If so, please provide supporting documentation.

b. Are you aware of skilled labor shortages in the area for those crafts that will be needed to complete the referenced project? If so, please elaborate and provide supporting documentation where possible.

c. Are you aware of time sensitive issues/scheduling requirements that would affect the rate at which the referenced project should be completed? If so, please elaborate and provide supporting documentation where possible.

d. Identify specific reasons why or how you believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

e. Identify specific reasons why you do not believe a PLA would advance the Federal Governments interest in achieving economy and efficiency in federal procurement.

f. Identify any additional information you believe should be considered on the use of a PLA on the referenced project.

g. Identify any additional information you believe should be considered on the non-use of a PLA on the referenced project.

Please provide your comments via e-mail to Andrew.J.Fleming@usace.army.mil no later than 1:00 PM Eastern Standard Time on 07 May 2024.

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