I.B.08.02_W912DR19B0012_Solicitation_Amendment_001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

PROJECT TITLE: Baltimore Harbor Maintenance Dredging, York Spit Channel, Chesapeake Bay, Virginia The purpose of this solicitation amendment is to extend the request for information (RFI) deadline from 12:00 PM (EST) Thursday, 12 September 2019 to 12:00 PM (EST) Thursday, 19 September 2019 and to add responses to Request for Information (RFI)s and to replace section 1.10 “Acceptance Sections” of Section 35 20 23 and to include the correct w age determination "Decision No. VA190004" dated 4 January 2019. All other terms and conditions remain the same.

TYPE OF CONTRACT: FIRM FIXED PRICE

TYPE OF SOLICITTION: INVITATION FOR BID

NAICS CODE: 237990

SIZE STANDARD: $30.0

FULL AND OPEN COMPETITION “UNRESTRICTED”

1. CONTRACT ID CODE PAGE OF PAGES

1 11

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

16C. DATE SIGNED

BY 17-Sep-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DR19B0012

X 9B. DATED (SEE ITEM 11)

28-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Sep-2019

CODE

U.S. ARMY CORPS OF ENGINEERS, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DR19B0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

RFIS

1. The Statement of Work of the Solicitation indicates that the Government is performing analyses to evaluate the Wolf Trap Alternate Placement Site – North Extension as the primary placement site and if approved, dredged material will be transported and placed at the WTAPS. In the event that the WTAPS is not approved for placement of dredged material, what placement site will be used for disposal of dredged material? When does the Government expect completion of analysis and approval for material placement at the WTAPS?

Government Response: WTAPS-Northern Extension is the proposed placement site for this advertisement.

Approval of the site is expected prior to award of the contract.

2. 3.4.4 Method of Obtaining Soundings of Section 35 20 23 states that the Government intends to perform pre-dredge and post-dredge surveys using high frequency multi-beam methods while reserving the right to use single-beam methods if necessary. USACE EM 1110-2-1003 Chapter 2, Section VI, Table 2-5 indicates that the recommended survey method for maintenance dredging of soft material is single-beam. The dredge prism represents a significant area of the channel and there is a substantially increased cost associated with multi-beam survey, as well as the potential for decreased accuracy of high frequency multi bean survey in sea conditions that frequent this open bay dredge area. In consideration of cost, accuracy, and efficiency, the Contractor requests sole use of single-beam survey for payment and final acceptance of dredging sections. The channel survey provided in the contract plans was performed by the M/V/ Catlett using a 200 kHz single beam transducer. Will the Government amend section 3.4.4. Methods of Obtaining Soundings of Section 35 20 23 to provide that soundings will be collected in a method consistent with the surveys provided in the contract plans?

Government Response: Although the Contract survey was performed using single-beam technology, the Government intends to perform both the Before and After Dredge surveys using high frequency multi-beam methods as stated in Section 35 20 23, Para 3.4.4 of the specifications. However, as stated in the specs, the Government reserves the right to utilize single-beam technology in the event that the multi-beam system is unavailable.

3. 3.5.2 Bed Leveler Design of Section 35 20 23 states that “the leading portion of the bed leveler shall have an included angle of equal to or less than 130 degrees”. Past experience with a bed leveler with this angle has been inefficient and created significant operational challenges. Will the Government permit the Contractor’s use of a bed leveler with an included angle of 180 degrees?

Government Response: As stated in the specifications and required by the 2018 Biological Opinion (Appendix B of specifications), the bed leveler shall have an included angle of 130 degrees or less to decrease the likelihood of death or injury of turtles.

4. 1.1.1 Project Description of Section 01 11 00 indicates that the dredging elevation will be -51 ft MLLW with one foot of allowable overdepth. Overdepth Dredging Scenario MOS3 of the DOTS Overdepth Dredging and Characterization Depth Recommendations, Maintenance Dredging of Soft Dredged Materials with a Hopper Dredge in Exposed Open-Water Conditions, states that “if less than 2 ft. of allowable overdepth is specified, the dredge operator will still dredge approximately 1 ft. below required depth to achieve grade” which may result in over-digging. Additionally, “due to heave and swell, some deeper gouges may occur, up to 2 to 3 ft deeper” in inclement weather conditions. Due to the low face of material spread over the large dredging area, adverse weather conditions, and variable sea state typically present in the region, will the Government increase the allowable overdepth to two feet to decrease the potential for over digging?

a. Please refer to the USACE provided technical note titled, “Overdepth Dredging and Characterization Depth Recommendations” by John F. Tavolaro, Joseph R. Wilson, Timothy L.

Welp, James E. Clausner, and Angela Y. Premo”.

Government Response: Dredging will be to -51 feet MLLW with a 1 foot allowable over depth as stated in the specifications and shown on the drawings, and as specified in previous hopper dredge contracts. All costs to dredge to these requirements should be considered in your bid.

5. The solicitation states that the Contractor will complete contracted work in 180 calendar days after receiving NTP. Will the Government extend the duration to end on August 31, 2020 to allow work to be completed until the start of the seasonal marine mammal migration window?

Government Response: NTP is anticipated to be issued during the late fall/winter time frame to assure completion of dredging before the time of year turtle restriction, which begins on 1 September. Contract time of 180 calendar days is considered sufficient for the volume of material estimated to be dredged at this time. Additional time at the rate of 15,000 cubic yards per day will be added to the contract time if the Before Dredge surveys show such an increase.

6. The Solicitation directs that offers should be submitted via email to qiana.bowman-spencer@usace.army.mil at the specified bid date and time, however the section titled Deliver of Bids/Proposals indicates that bids shall be delivered in person to the Baltimore District at 2 Hopkins Plaza Room 00-A-22. Please confirm that bid submission will be made solely via email to the Contracting Specialist.

Government Response: Section 00 21 13 “Instructions to Bidders” has been updated. Bids/proposals are to be delivered in person to the Baltimore District Corps of Engineers at 2 Hopkins Plaza Room 00-A-22.

7. The Statement of Work section of the Solicitation states that the equipment required for the contracted work commonly consists of one 4,500 – 8,500 cubic yard hopper dredge. Will the Government allow the Contractor to perform the contracted work with more than one hopper dredge?

a. In the even that more than one hopper dredge is present to perform the work, will an additional trawler be required for each dredge?

Government Response: The contractor will be permitted to use the number of hopper dredges it considers necessary to perform the work. If trawling is required, a trawler will be required for each dredge.

8. When does the Government anticipate issuing NTP for the contracted work?

Government Response: See RFI response No. 5.

9. Will the Government please extend the deadline for submission of questions by 7 days?

Government Response: The deadline for submission of questions will be extended 7 days to 19 September 2019.

10. Does the Government have any additional geotechnical analysis or information pertaining to the character of the sediment to be dredged, such as sieve curves or N values? If so, will the Government please release the data to the Contractors?

Government Response: All sediment information is included in Appendix D.

11. Does the Government have samplings of the material to be dredged that may be visually inspected by the Contractors?

Government Response: No physical samples have been retained.

12. 3.1.5 Sea Turtle Relocation Trawling of Section 01 57 40 states that turtle trawling must be initiated within 24 hours of an incidental take. Turtle trawling in the project’s geographic area requires a response time greater than 24 hours. Typically, trawlers in this region are engaged in commercial fishing operations.

Diverting a vessel from commercial fishing, transiting to the dock, re-rigging the vessel for turtle trawling, and mobilizing the nets and biologists takes at least 24 hours. With a 48 – 72 hour transit to the project site, a response time of 72 hours is highly recommended by the subcontractor. Additionally, an accelerated timeline for trawler arrival on site will be significantly more expensive and could result in decreased safety performance. The Contractor requests that the response time for turtle relocation trawling be extended to 72 hours.

Government Response: As stated in the Specifications, “Turtle trawling and the relocation survey must be initiated within 24 hours of the incidental take or the CONTRACTOR WILL BE REQUIRED TO SUSPEND DREDGING OPERATIONS AT THEIR OWN EXPENSE until such trawling can be initiated.”

SPECS CHANGE

Section 35 20 23, Page 5, section 1.10 Acceptance Sections

1.10 Acceptance Sections

The Acceptance Sections are detailed in the drawings. For this Contract, the Contracting Officer has determined that the Order of Work will commence from the southernmost Acceptance Section and proceed north to minimize possible impacts to turtles.

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INFORMATIONAL TEXT

IMPORTANT NOTES REGARDING THIS ACQUISITION:

REQUESTS FOR INFORMATION

Request for Information: The Offeror may submit technical inquiries and questions relating to this solicitation by email to the following: Qiana Bowman-Spencer, Contract Specialist: email: qiana.bowman-spencer@usace.army.mil no later than (NLT) 12:00 PM (EST) Thursday, 12 September 2019 19 September 2019.

Submission of Offers: Offers should be submitted via email to Qiana Bowman-Spencer, Contract Specialist: email:

qiana.bowman-spencer@usace.army.mil at the time and date listed in Box 13 on the SF1442

Bids/Proposals shall be delivered in person to:

Baltimore District Corps of Engineers

Contracting Division, Rooom 00-A-22 2 Hopkins Plaza Baltimore, Maryland 21201

At the date and time specified in block 13 of solicitation.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

WAGE DETERMINATION

WAGE DETERMINATION DECISION

OF THE SECRETARY OF LABOR

The following wage determination will be used to conform with the requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-

7) of the Contract Clauses*:

Decision No. VA190004 dated 01/04/2019

* WAGE DETERMINATIONS: The provisions of the Davis-Bacon Act also apply to employees who work at off-site facilities such as batch plants, rock quarries, sand pits, and the like, which are setup exclusively to furnish material to the on-site construction site. Accordingly, contractors are required to maintain complete records on such employees. However, operations of a “commercial supplies” or “material-man” established in proximity to but not on the actual site of work prior to the opening of bids are not covered by the Act even if dedicated exclusively to the Federal project for a time. (29

CFR 5.2 (1))

General Decision Number: VA20190004 01/04/2019

Superseded General Decision Number: VA20180004

State: Virginia

Construction Types: Heavy Dredging

Counties: Accomack, Gloucester, Isle of Wight, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Poquoson*, Portsmouth*, Virginia Beach* and York Counties in Virginia.

*INDEPENDENT CITIES

HOPPER DREDGING CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019

SUVA1991-004 03/01/1991

Rates Fringes

Self-Propelled Hopper Dredge Drag Tenders................$ 8.21

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

(End of Summary of Changes)