W911WN-15-B-0005-0003.pdf

W81ET450169815

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

Re: Construction of the Charleroi Locks and Dam River Chamber Completion, Monongahela River, PA

This amendment is being issued to: 1) Incorporate the current Wage Determination, General Decision Number PA 150004, dated July 31, 2015.

The hour and date specified for receipt of bids remains unchanged at 11:00 am on August 6, 2015.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 05-Aug-2015

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 W911WN-15-B-0005

X 9B. DATED (SEE ITEM 11)

03-Jun-2015

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

05-Aug-2015

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911WN-15-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

ADDENDUM TO SECTION 00800

00800-1 WAGE RATES

The following schedules of wage rates contain rates applicable to all work under the contract:

General Decision Number: PA150004 07/31/2015 PA4 Superseded General Decision Number: PA20140004 State: Pennsylvania Construction Types: Heavy and Highway Counties: Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Lawrence, McKean, Mercer, Mifflin, Potter, Somerset, Venango, Warren, Washington and Westmoreland Counties in Pennsylvania.

http://www.wdol.gov/wdol/scafiles/davisbacon/PA4.dvb?v=11

AND

General Decision Number: PA150129 06/19/2015 PA129 Superseded General Decision Number: PA20140129 State: Pennsylvania Construction Type: Building County: Westmoreland County in Pennsylvania.

http://www.wdol.gov/wdol/scafiles/davisbacon/PA129.dvb?v=7

All work in connection with the Land Wall Buildings and Control Tower will be paid for under the Building Rate Schedule. All other work will be paid for under the Heavy and Highway Schedule

00800-2 PAYMENT FOR PERFORMANCE AND PAYMENT BONDS

a. In order to ensure that sufficient funds have been set-aside for payment of performance and payment bond premiums, bidders shall insert in Bid Item Nos. 0001, 1001, 2001, 3001, 4001, and 5001 an appropriate not-to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Item Nos. 0001, 1001, 2001, 3001, 4001, and 5001 will cause the bid to be rejected as non-responsive.

b. The Contractor shall be reimbursed the actual bond costs only, as established by evidence of full payment to the surety, up to the dollar amount set forth in Bid Item Nos. 0001, 1001, 2001, 3001, 4001, and 5001. In no case will the Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Item Nos. 0001, 1001, 2001, 3001, 4001, and 5001.

c. The Government will reimburse only the Prime Contractor for actual paid bond premiums. The Government will not reimburse any subcontractor's paid bond premiums.

00800-3 REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his performance under this contract, the following minimum insurance. (See also the clause of the contract entitled "Insurance - Work on a Government Installation").

Type

Bodily Injury Amount Property Damage

Comprehensive General Liability

$500,000 Per Occurrence $100,000

Automobile Liability $200,000 Each Person --

$500,000 Per Occurrence $20,000

Workmen’s Compensation and Employer’s Liability

$100,000

b. The Contracting Officer will notify the Contractor of any noncompliance with the foregoing provisions. The Contractor shall, after receipt of such notice, immediately comply. Such notice, when delivered to the Contractor or his representative at the site or mailed to the Contractor's address, will be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until the Contractor complies. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor. Compliance with the provisions of this article by subcontractors will be the responsibility of the Contractor.

c. Longshoreman and Harbor Worker's Insurance MAY be required for this work. Please consult with your insurance carrier and applicable statutes (33 USC 901, et. seq.).

00800-4 RAILROAD REQUIREMENT INSURANCE

In addition to the provision entitled "Required Insurance", the Contractor shall procure and maintain at his own expense, Regular Railroad Protective Liability Insurance, providing for a limit of not less than $2 million per occurrence and $ 6 million aggregate. The insurance shall be provided by a company authorized to do business in the Commonwealth of Pennsylvania and in a form and substance acceptable to the Corps and the Railroad. The Railroad Protective Liability Insurance certificate shall be provided in the name of Norfolk Southern Railroad in the form approved by the railroad. Before the Contractor or subcontractors will be permitted to enter upon the Railroad's right-of-way, the original policies, including endorsements, shall be furnished to the Corps of Engineers and approved by the Railroad.

The insurance specified above shall be with an acceptable insurance company authorized to do business in the Commonwealth of Pennsylvania and shall be taken out before work is commenced and carried until all work to be performed on rights-of-ways of the Railroad has been satisfactorily completed as evidenced by the formal acceptance thereof by the U.S. Army Engineer District, Pittsburgh.

The insurer must be rated A- or better by A.M. Best Company, Inc. The policy must be written using one of the following combinations of Insurance Services Office (“ISO”) Railroad Protective Liability Insurance Form Numbers: CG 00 35 01 96 and CG 28 31 10 93; or CG 00 35 07 98 and CG 28 31 07 98.

The following point of contact is provided for the Railroad:

Norfolk and Southern Railway Company Three Commercial Place

Norfolk, VA 23502 Attn: D. W. Fries, Director of Risk Management

00800-5 AWARDABLE OPTIONS

Only the basic contract items, Items Nos. 0001 through 0072, will be awarded initially.

Award of Awardable Option 1 (Items 1001 through 1050), Awardable Option 2 (Items 2001 through 2078), Awardable Option 3 (Items 3001 through 3070), Awardable Option 4 (Items 4001 through 4103), and Awardable Option 5 (Items 5001 through 5104), will be made based upon receipt of funds. All items within each Awardable Option will be awarded as a group. The Not-to-Exceed amount for Items 0001, 1001, 2001, 3001, 4001, and 5001 should reflect bond costs for all awardable option items.

The Government may award Awardable Option 1, Awardable Option 2, Awardable Option 3, Awardable Option 4, or Awardable Option 5 by the dates set forth below. Preliminary notice of the Government's intent to exercise an option will be provided upon receipt of funding for an option.. The preliminary notice does not commit the Government to exercising the Option.

a. The Government may exercise Awardable Option 1 no later than 30 September 2017.

b. The Government may exercise Awardable Option 2 no later than 30 September 2018.

c. The Government may exercise Awardable Option 3 no later than 30 September 2018.

d. The Government may exercise Awardable Option 4 no later than 31 March 2020.

e. The Government may exercise Awardable Option 5 no later than 31 March 2021.

Performance and payment bonds will be required for each Awardable Option exercised. At the time an Awardable Option is exercised, the Contracting Office will request the performance and payment bonds be submitted within ten days.. Upon receipt of the bonds, properly executed, Notice to Proceed for the Awardable Option will be issued.

The contract completion time for the awardable option items will be extended in accordance with 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984). The completion time for the basic contract items will remain unchanged.

00800-6 SAFETY AND HEALTH REQUIREMENTS MANUAL

A copy of the current US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/pages/home.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

00800-7 WORK UNDER OTHER CONTRACTS

Attention is directed to the fact that other Contractors may be employed by the Government or by local interests at or in the vicinity of the work covered by these specifications. All Contractors shall have equal rights to the use of all roads and grounds so far as practicable and this Contractor shall cooperate with other Contractors so that the work may be performed with the maximum efficiency. Should a disagreement occur between Contractors as to the use of facilities or in other matters, the decision of the Contracting Officer shall govern. (See also the clause of the contract entitled "Other Contracts").

00800-8 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the clause entitled "Default (Fixed-Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

(1) The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. This delay must be beyond the control and without the fault or negligence of the Contractor.

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

15 12 8 7 6 5 5 5 4 5 7 13

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more on the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b. above, the Contracting Officer will convert any qualifying delays to work days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the clause entitled, "Default (Fixed-Price Construction)".

d. The anticipated adverse weather work days listed above are based on days with precipitation greater than 0.1 inch and/or maximum temperature below 32 degrees F. The numbers shown represent the number of work days (not calendar days) normally expected to have these particular weather conditions based on historical data obtained from the "Climatography of the United States No. 20". The actual number of days will vary. This information is furnished for computation of possible time extensions due to weather delays and is not intended to imply that no work can be done on these days. The Contractor shall make his own determination of the effect of these conditions on his operations under this contract, and schedule his work accordingly.

00800-9 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to deliver a quality product, in an efficient and safe manner, on schedule. This partnership would be bilateral in makeup. Contract requirements for partnering are described in the Specifications.

00800-10 WORK PERFORMED BY CONTRACTOR

Within ten (10) days after award of the contract, the successful bidder will be required to furnish a description of the work which he intends to perform with his own organization, the percentage of the total work this represents, and the estimated cost thereof.

00800-11 CONTRACTOR QUALITY CONTROL

Section 01 45 01.00 08, USACE QUALITY CONTROL, of this specification requires that the Contractor's Quality Control System Manager or person responsible for Contractor Quality Control complete the Corps of Engineers' "Construction Quality Management for Contractors" course not later than 90 days after receipt of the Notice to Proceed. The course consists of approximately 12 hours of classroom instruction and is offered periodically by the Pittsburgh District. For additional information on scheduling and location of the training, contact U.S. Army Engineer District, Pittsburgh, John Pontus, Technical Support Branch, Lower Mon Field Office, 1811 Schoonmaker Avenue, Monessen, Pennsylvania 15062, telephone (724)684-7462. Certification of course completion is valid for 5 years. Completion of training offered by other Corps of Engineers Districts will be acceptable provided a valid certification is presented.

00800-12 COPYING, DISSEMINATION OR DISTRIBUTION OF INFORMATION.

Those who disseminate information contained on this CD-ROM or in the solicitations and/or drawings must ensure that the recipients have a legitimate need for the information and maintain a record of each recipient. Legitimate need means recognized business entities seeking to do business, or having business, with the Government as prime contractors, subcontractors or suppliers. You shall maintain a record of the following information on each recipient:

Business name and address, DUNS Number and IRS Tax ID Number, and name and telephone number of person receiving the information.

00800-13 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region I. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

00800-14 PAYMENT FOR MATERIALS DELIVERED OFF-SITE

(a) Pursuant to FAR 52.232‐5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor’s title to the items delivered off site. Payment for materials delivered off-site shall be limited to the following items:

(1) Drilled Shaft Pipe Casing

(2) Cofferbox King Piles

(3) Cofferbox Sheet Piling

00800-15 SUBMISSION OF CONTRACT DOCUMENTATION

Provide contract documentation in an electronic format to the greatest extent practicable. Contract documentation to be submitted electronically includes, but is not limited to, the following:

Submittals, including ENG 4025 transmittal form Meeting Minutes Construction Photographs Correspondence Requests for Information Payroll Documents Statement and Acknowledgement Forms (SF 1413) Request for Additional Classification (SF 1444) Progress Payment Requests and Supporting Documentation Contract Modification Documentation, including SF 30, Contractor’s Offer, Cost/Pricing Audit Report, and

Certificate of Current Cost or Pricing Data Contractor Quality Control Reports (with attachments) Accident Reports Schedules and Schedule Updates Closeout Documentation, including Release of Claims

Electronic files must be of sufficient quality that all information is legible. Electronic format shall be in Adobe.PDF format, unless otherwise specified or directed by the Contracting Officer. Whenever possible, PDF files shall be generated from original documents so that the text included in the PDF file is both searchable and can be copied. If documents are scanned, Optical Character Resolution (OCR) routines are required. Files exceeding 30 pages shall be indexed and bookmarked to allow efficient navigation of the file. When required, the electronic file must include a valid electronic signature, or scan of a signature.

Email electronic documents fewer than 10MB to an email address as directed by the Contracting Officer. Electronic documents over 10MB shall be provided on a CD/DVD, or through an electronic file sharing system such as the AMRDEC SAFE Web Application located at the following website:

https://safe.amrdec.army.mil/safe/

The Contractor shall be prepared to provide up to five (5) additional paper hard copies of any contract document at the discretion of the Contracting Officer, at no additional cost to the Government. In addition to the electronic file format described above, the following list of documents shall be provided in their original format because law or other regulations require signed originals be kept in accordance with FAR 4.805 -- Storage, Handling, and Disposal of Contract Files:

Advance Payment Bond Bid Bond including Annual Bid Bond

Performance Bond including Annual Performance Bond Payment Bond Patent Infringement Bond Any performance security instruments Certificate of Insurance Novation/Change of Name Agreement Assignment of Claims Any document containing a raised seal. Examples include o Notarized documents o Architecture Drawings

Paper Payroll Documents Physical signatures on contracts and modifications o SF 1442 o SF 30

(End of Summary of Changes)