W911WN-16-B-8011_0001.pdf

W81ET461307364

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: Maintenance Dredging on the Ohio and Monogahela and Allegheny Rivers

The purpose of this amendment is to 1) Incorporate 00100-15 QUESTIONS specifying that any questions related to the solicitation are required to be submitted no later than 11:00 am on August 31, 2016, 2) Incorporate the current Wage Determination for Hannibal (OH160002), dated August 22, 2016, and 3) Incorporate the Georgetow n Island Draw ings via DFARS 252.236-7001. See Summary of Changes for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 20

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

16C. DATE SIGNED

BY 23-Aug-2016

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-16-B-8011

X 9B. DATED (SEE ITEM 11)

09-Aug-2016

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 1 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

23-Aug-2016

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-16-B-8011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

ADDENDUM TO SECTION 00100

00100-1 POINT OF CONTACT (FEB 2006)

Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:

Loretta Payne 412-395-7228 for Contracting Questions

Email: Loretta.Payne@usace.army.mil

Requests for hardcopies of the specifications will not be honored. Vendors must register at http://www.fbo.gov/. This site is also used for obtaining bid results and award information.

00100-2 AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS

The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which require material changes in the quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the Issuing Office will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

00100-3 POSTPONEMENT OF BID OPENINGS

a. Bid openings may be postponed up to or even after the time scheduled for bid opening under the following circumstances:

(i) when the Contracting Officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(ii) when emergency or unanticipated events interrupt normal Government processes so that the conduct of bid openings as scheduled is impracticable.

b. At the time a determination is made to postpone a bid opening under a(i) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the invitation, otherwise communicated to prospective bidders likely to attend the scheduled bid opening.

c. In the case of a(ii) above, when urgent Government requirements preclude amendment of the solicitation, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining "late bids" under FAR 14-304.

00100-4 BID BOND REQUIREMENTS

Each bidder shall submit with his bid, a Bid Bond (Std. Form 24) with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the bid price or $3,000,000.00 whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies". The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS

SPECIFIED, WITH BID MAY RESULT IN REJECTION OF BID FOR NON-COMPLIANCE.

00100-5 CERTIFIED OR CASHIER'S CHECKS, BANK DRAFTS, MONEY ORDERS

OR CURRENCY

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a bond, the regular form of bond must be utilized and signed by the bidder. In the space provided for the insertion of the surety a statement shall be made substantially as follows:

“In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, Corps of Engineers, Department of the Army, (insert address).”

00100-6 AWARD

The Government will issue a single contract resulting from this solicitation to the lowest priced bid conforming to the solicitation.

00100-7 ESTIMATED COST OF THE WORK

The estimated cost of the proposed work is between $1,000,000 and $5,000,000.

00100-8 LOCATION AND DESCRIPTION OF WORK

Location. The work is located on the Ohio, Monongahela, and Allegheny Rivers in the areas indicated in Section 01000.

Description of Work. The work consists of maintenance dredging approximately 10,000 to 15,000 cubic yards for the Ohio, Monongahela, and Allegheny River open channel located in the areas indicated in Section 01000. Dredged material disposal will occur at Georgetown Island (Ohio River Mile 37.7) as indicated in Section 01000 on the contract drawings or as directed by the Contracting Officer.

00100-9 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS

This project was designed by the Pittsburgh District of the U. S. Army Corps of Engineers.

The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

00100-10 ACCESS TO SITE

The site of the work may be reached from state highways and local roads and streets, and the inland waterway system, as indicated on the drawings.

00100-11 MINIMUM RATES

The wage rates specified in these specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay. The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

00100-12 SITE INVESTIGATION BY THE CONTRACTOR

If the Contractor proposes to perform investigations at the site, including but not limited to exploratory drilling, digging test pits, trenching or sampling, such work shall conform to the following requirements:

a. The bidder shall provide evidence of insurance to the Contracting Officer as required by the provision entitled "Required Insurance" prior to entering the site.

b. The bidder shall provide notification to the point of contact given in the provision entitled "Inspection of Site".

c. Upon completion of such investigation, the site shall be restored to its original contours and appropriate measures, including seeding and mulching, as required, shall be performed to prevent erosion and to the satisfaction of the Contracting Officer.

00100-13 UNBALANCED BIDS

A Contractor's bid which is materially unbalanced will be deemed as nonresponsive and may be rejected.

00100-14 PERMISSION FOR USE OF CONTRACTOR-FURNISHED

DISPOSAL AREAS

(a) The bidder shall submit with his bid, written permission of the owners of the property proposed as disposal areas and of the property involved in obtaining access to the disposal areas.

In the event that the Contractor is the owner of the property, he shall describe the property and certify that he owns it.

(b) Award of the contract will be subject to the acceptance of the Contractor's proposed disposal areas by the Contracting Officer.

00100-15 QUESTIONS

Due to the importance of maintaining the schedule for this project, it is requested that all questions regarding the specifications and/or drawings be submitted by 11:00 A.M., Eastern Standard Time, 31 August 2016. All questions must be in writing and may be emailed to loretta.payne@usace.army.mil or faxed to (412)395-7110 to the point of contact listed for this solicitation. Any questions received after the above date will be answered at the discretion of the Contracting Officer.

SECTION 00700 - CONTRACT CLAUSES

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

SECTION 01000 Description/Specification/Work Statement

Attachment A – Dredging Maps

Attachment B – Submittal Register

Attachment C- PADEP 401 Water Quality Certification EA04-004

Attachment D – Sample Accident Prevention Plan (APP)

Attachment E – Sample Environmental Protection Plan (EPP)

Drawings 2016 Georgetown Island Development Georgetown Island 2013-2014 As-Builts Georgetown Island 2015-2016 As-Builts Georgetown Island Dike Construction – Typical Section

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

ADDENDUM TO SECTION 00800

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

1. TYPE OF CONTRACT: The contract is for channel maintenance dredging on the Ohio, Monongahela, and Allegheny Rivers as indicated on the contract drawings or as directed by the Government. This work shall be completed via mechanical (clamshell bucket) methods.

Bid quantities and drawings provided in this solicitation are approximate and are for estimating purposes only.

2. Dredged material disposal will occur as indicated on the contract drawings or as directed by the Contracting Officer. Material Testing is required to be performed by the Contractor for determination of applicable disposal method, after the material has been loaded into barges and dried. Disposal method for approved material shall be overboard within the containment dike at the head of Georgetown Island. Disposal for materials exceeding the prescribed chemical content limits herein will be upland conveyance, as directed by the Government.

The Government is responsible for obtaining the applicable 401 Water Quality Certification for this action.

3. Equipment for this work shall be capable of dredging to a depth of 25 ft, in moderately swift current. Dredging equipment must include all operators and operating supplies.

3.1. Availability of empty barges shall not impede the performance of dredge operations (see “Payment”).

3.2. The dredging plant (only) shall be equipped with an electronic satellite positioning system (see “Plant Positioning and Accuracy”).

3.3. Equipment mobilized for this contract shall include portable toilet facilities, an office trailer, and survey vessel stationed on or with the plant dedicated to dredging activities.

3.4. All equipment shall be suitable for both day and night work in accordance with EM

385-1-1.

4. Estimated volume of dredged material is variable, estimated at approximately 10,000 to

15,000 cubic yards. Post dredge sonar surveys will be performed by the Government to verify that requirements are met. The material characteristics are expected to be primarily sand and silt. However, other materials such as gravel, cobble, or debris may be encountered. Contractor shall coordinate with the Government to plan the sequence of work in a way that will allow river traffic to pass the site as soon as possible. Contractor will make provisions for periodic work stoppage to allow river traffic to pass as necessary. Traffic passage and industry notification shall be coordinated with the Contracting Officer.

5. CONTRACTOR’S RESPONSIBILITY.

5.1. Licenses and Permits. The Contractor shall, at his own expense, obtain any licenses or permits required to perform the contract. The Contractor shall be responsible for ensuring that his employees strictly comply with all Federal, State and municipal laws that may apply to operations under the contract and it is understood and agreed that the Contractor assumes full responsibility for the safety of his employees.

5.2. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damage sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

5.3. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the standards of the Corps of Engineers Safety Manual, EM 385-1-1 (November 2014); or as otherwise indicated herein. Special attention shall be given to the requirement for monthly and weekly safety meetings. The Contractor shall inform the Contracting Officer a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Contracting Officer to attend.

5.4. Contractor Accident Prevention Plan. The Contractor shall prepare a Site Specific Accident Prevention Plan (APP) in accordance with EM 385-1-1, Appendix A. The Contracting Officer must approve this plan prior to commencement of any work. One copy of the approved APP shall be provided to the Contracting Officer one week prior to the pre-construction conference. The APP must be approved prior to issuance of Notice To Proceed (NTP).

5.5. Activity Hazardous Analysis. The Contractor shall prepare an Activity Hazard Analysis (AHA), as one of many tools to insure safe performance of the work. During the Preparatory Meeting of the Three-Phased Inspection process, the Contractor is required and shall document AHA review. Prior to performing tasks of work with inherent hazards, the Contractor shall prepare to otherwise review ("Tool Box" safety meeting) the AHA with those employees who shall perform that work each time the work is ordered. A copy of the AHA shall be submitted to the Contracting Officer before the Contractor starts the work. This copy of the AHA will become the property of the Government. The Government may also request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that Contracting Officer may attend such reviews.

5.6. Accident Reporting. The Contractor shall maintain an accurate record of, and report to the Contracting Officer, in writing, all accidents within 24 hours of the occurrence. As a minimum, the information must answer the “who, what, when, where, why, and how” questions.

All serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately. Any hoisting accident must be reported.

5.7. Business and Occupation Tax. Determine Business and Occupation (B&O) Tax requirements, if any. Such costs should be included and identified as such in the Contractor’s proposal for this contract, if applicable. Any costs resulting from the Contractor’s failure to comply with the above requirement shall not be made the subject of any claim for excess costs or damages by the Contractor.

6. ACCIDENT PREVENTION.

The U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1- 1, as revised November 2014, and Contract Section, are hereby supplemented as follows: The Contractor shall submit for approval by the Contracting Officer an Activity Hazard Analysis prior to beginning each major phase of work. Additionally all employees must review the Activity Hazard Analysis and be familiar with and understand all of its provisions prior to beginning each phase of work.

All workers on the site are required to wear, as a minimum, protective eye wear with side shields meeting the requirements of ANSI Z87.1, and be so marked. Additional eye protection as per EM 385-1-1 may be required for specific tasks. All employees must wear approved Life Vests (complete with indicator lights), with the proper reflective material. All PPE must be in accordance with EM-385-1-1.

For job related injuries which require medical treatment, a supervisor of the injured employee will accompany the injured employee to the medical treatment facility and explain the employee’s regular duties and the availability of "Light Duty" so the injured employee can return to work as soon as medically possible.

The Contractor shall report all accidents immediately to the Contracting Officer.

Additionally, the Contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the Contracting Officer on ENG Form 3394 as soon as possible but no later than two (2) working days following the accident.

Corrective actions shall be implemented as soon as reasonably possible.

Protective footwear as defined in ANSI Z41 is required for all personnel engaged in or exposed to construction and maintenance activities.

All equipment shall be inspected prior to use on this contract by the Contractor and witnessed by the Government. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site. Contractor shall document the inspection. The Contractor’s compliance with Safety Standards of work shall be evaluated by Contracting Officer based on the requirements set forth in EM 385-1-1.

Contractor shall annotate/provide within his Daily Quality Control (QC) Report safety man-hour’s worked. Contractor shall indicate safety hours worked that individual day for all personnel on-site. Contractor shall indicate the running total of all safety hours worked to date (as of the daily QC Report).

7. DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the Contracting Officer. Where damages are caused by the Contractor's negligence, a written report of the incident and extent of such damage shall be submitted to the Contracting Officer within 2 workdays (less weekends and holidays) of occurrence. The Contractor is responsible for all costs for repairing the damage to the satisfaction of the Government or replacing the damaged property. The Government will determine whether the damaged property will be replaced or repaired. If the Government determines that the damaged property should be replaced, the Contractor is responsible for disposal of the damaged property in accordance with all applicable laws and regulations.

Damage or Loss to Property of a Third Party. If the Contractor damages property that does not belong to the Government or the Contractor, the Contractor is responsible for making restitution to the property owner to the owner’s satisfaction.

Damage or Loss to Contractor's Supplies and Property. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment; and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

8. SUPERVISION. The Contractor shall personally supervise the work, or have a Contractor Representative at the project during times work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

The Contractor's Representative(s) shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for implementing the work plan.

The Contractor’s Site Safety and Health Office (SSHO) or Designated Representative, in accordance with EM 385-1-1, is responsible for daily monitoring of safety conditions and coordinating safety compliance with the Contracting Officer.

In addition to a Contractor Representative(s), the Contractor may also appoint Quality Control Inspectors (QCI) who will perform the Contractor's Quality Control Program. A QCI shall be responsible for implementing the Contractor Quality Control Plan and shall have the authority to determine for the Contractor when work is ready for Government inspection and make decisions for the Contractor on performance, when necessary. Normally, a QCI is appointed for each work crew.

The names of all individuals authorized to act on behalf of the Contractor as Contractor Representative(s) or QCI(s) shall be submitted in writing to the Contracting Officer before work is performed.

9. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and Local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the Contracting Officer. Any of the facilities operated by the Contractor may be inspected by the Contracting Officer, or other Federal, State, and Local officials on a non-notice basis. Access for inspection shall be granted upon request.

Citations against Government facilities for noncompliance with environmental standards are a matter for resolution between the Government and the issuing office. The Government will pay fines or penalty charges associated with citations issued by Federal, State or Local officials. If the citations are issued due to faulty maintenance practices of the Contractor, the Contracting Officer (or designee) will deduct the fine from any monies due to the Contractor.

10. QUALITY CONTROL. The Contractor shall establish a Quality Control Plan to assure compliance with the requirements of the contract as specified. The plan must be approved by the Contracting Officer prior to commencement of any work. One copy of the Contractor's Quality Control Plan shall be provided to the Contracting Officer at least one week prior to the pre-construction conference.

When required by the Contracting Officer, the Contractor shall attend a Quality Control / Quality Assurance mutual understanding meeting with the Corps of Engineers, scheduled by the Corps of Engineers.

Failure to provide appropriate Quality Control may result in issuance of a Contractor's Deficiency Report, and/or termination of the Contract.

An updated copy shall be provided to the Contracting Officer for approval on contract start date, and as changes occur. The program shall include, but not be limited to the following:

* An inspection system covering all the services stated on the contract specification. It shall specify areas to be inspected on either a scheduled or unscheduled basis, as well as the individuals who shall do the inspections.

* A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable.

* A file of all inspections conducted by the Contractor and the corrective actions taken.

This documentation shall be made available to the Contracting Officer.

* A method, process, and/or system for ensuring record documents are updated. Records shall be readily available for Government inspection at any time. The Government may withhold (partial or full) payment of funds for a Contractor’s failure to update record documents as required.

* A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

The Contractor shall submit daily Quality Control Reports (QCR). Reports shall be sequentially numbered, beginning with the Notice-To-Proceed Date as Day 0 (zero), through the date of final acceptance of the project by the Government. Days of no work shall be noted on the next sequential working day. A separate QC Report is required for each crew. For example, if the Contractor is working two crews on the same work day, two reports shall be submitted to the Government QA representative at the end of that day (one for each crew). If the Contractor works more than one shift, this requirement applies to all shifts.

This contract 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.

11. QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to insure compliance. The presence, or absence, of a Contracting Officer does not relieve the Contractor from any requirements of this contract.

12. GENERAL CONTRACTOR RESPONSIBILITIES. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, tools, equipment and operators, supplies or materials necessary to accomplish all required services. Equipment rental bids shall include all fuel, maintenance, and transportation to and from the work site. All hourly service worker bids shall include an employee qualified in the specified wage classification, personal safety equipment, tools common to the trade, and other equipment necessary to perform the varied work specified in the contract. All Contractor-furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations.

13. OTHER CONTRACTS. The USACE repair fleet will be working at Montgomery Lock and Dam in the auxiliary chamber from 22 August to 10 November 2016. The Contractor will not be able to dredge the areas at Montgomery during this time. If the repair fleet finishes ahead of schedule, the Contractor can coordinate with the Contracting Officer to dredge these areas before 10 November.

14. INCLEMENT WEATHER AND HOLIDAY WORK. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions can be approved by the Contracting Officer, when severe conditions make it impractical or dangerous to perform the work. The Contractor will be notified, by modification to the Contract, of any Government determination to extend the performance period due to inclement weather.

15. DAMAGE TO WORK If any part of the permanent work performed by the Contractor is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer. The Contracting Officer shall have sole authority to determine if the Contractor took adequate precaution to prevent the damage. Full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If the Contracting Officer determines there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to Contract Clause 52.243-4, CHANGES, of the contract will be issued. This adjustment will compensate the Contractor for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment, and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

16. REQUIRED INSURANCE.

16.1. General. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

16.2. Workmen’s Compensation. Workmen's Compensation and Occupational Disease Coverage as legally required by the State wherein the work is being performed.

16.3. Comprehensive Automobile Liability Insurance. Bodily injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence and $100,000 per occurrence for property damage shall be required.

16.4. Comprehensive General Liability Insurance. Bodily injury coverage with minimum limits of $500,000 per occurrence shall be required. Proper damage coverage with a minimum limit of $100,000 per occurrence shall be required.

16.5. Insurance Certification. Prior to commencement of work under this contract, the Contractor shall furnish a Certificate of Insurance to the Contracting Officer for approval. The Certificate of Insurance shall contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State(s) in which this contract is to be performed prescribe or (2) until

30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

17. CONTRACT SPECIFICATIONS.

17.1. If electronic sets of specifications are not provided, the Government shall provide one hard copy set of specifications to the Contractor without charge, except applicable publications incorporated into the technical contract requirements by reference. It shall be the responsibility of the Contractor to furnish any necessary copies of specifications to his supplier and subcontractors. Additional sets will be furnished on request at the cost of reproduction.

17.2. Omissions from the specifications or the mis-description of details of work which are manifestly necessary to carry out the intent of these specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but they shall be performed as if fully and correctly set forth and described in the specifications.

18. DREDGE SCENARIO

This project is considered as an Independent Dredge/Disposal Operation. A project in which one or more separate cranes (derricks, excavators, etc.) are dedicated separately to the material loading and unloading actions of the work.

19. WAGE RATES .

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

Dashields, Montgomery, Point Marion, and Allegheny L/D 3:

General Decision Number: PA160050 01/08/2016 PA50

Superseded General Decision Number: PA20150050

State: Pennsylvania

Construction Type: Heavy Dredging

Counties: Pennsylvania Statewide.

http://www.wdol.gov/wdol/scafiles/davisbacon/PA50.dvb?v=0

Hannibal:

General Decision Number: OH160002 08/19/2016 OH2

Superseded General Decision Number: OH20150002

State: Ohio

Construction Types: Heavy and Highway

Counties: Ohio Statewide.

http://www.wdol.gov/wdol/scafiles/davisbacon/OH2.dvb?v=19

Hildebrand:

General Decision Number: WV160071 07/01/2016 WV71

Superseded General Decision Number: WV20150071

State: West Virginia

Construction Type: Heavy County: Monongalia County in West Virginia http://www.wdol.gov/wdol/scafiles/davisbacon/WV71.dvb?v=2

20. 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 and 2001 an appropriate not-to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Item Nos. 0001, 1001 and 2001 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 and 2001. In no case will the Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Item Nos. 0001, 1001 and 2001.

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.

21. ENVIRONMENTAL LITIGATION. If the performance of all or any part of the work is suspended, delayed or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part or acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of the contract under the terms of the SUSPENSION OF WORK clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

22. 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.

23. 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.

24. 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, for the region the work is being performed. 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.

25. 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

26. SECURITY. Contractor shall strictly adhere to all United States Coast Guard or other governing regulations.

26.1 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

27. WEATHER. Time extensions for unusually severe weather shall be granted under the Contract Clause, DEFAULT (Fixed-price Construction), only if the following conditions are satisfied:

a. Weather: 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.

b. Unusually Severe Weather: The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

c. Anticipated Adverse Weather Days: The following schedule of monthly anticipated 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 shall reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER

BASED ON A (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

d. Calculating Impact: Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the delivery order, the Contractor will record on the daily Contractor’s Quality Control report the occurrence of adverse weather and resultant impact to normally critical activities for 50-percent or more of 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 as specified here, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract Clause, Default (Fixed-Price Construction).

28. PLANT POSITIONING AND ACCURACY. The Contractor shall, at a minimum, utilize an electronic satellite positioning and computer processed information system for accurate operation and positioning of the dredge and/or disposal plants. The Contractor shall be at liberty to install a system of choice (DredgePack, Clam Vision, Contractor original design, or similar).

At a minimum, the system must display real time pictoral information and recordable data output sentences meeting the following requirements:

a. Dredge Plant and Crane: Visual real time representation of the crane barge’s location relative to dredge cut area (in Microstation .dgn format) and electronic river chart.

Visual real time representation of tip of boom horizontal position, boom angle, and boom heading relative to crane barge, dredge cut area, and electronic river chart.

Data requirements: Crane Barge Horizontal Position, Crane Barge Heading, Tip of Boom Horizontal Position, Boom Heading.

b. Bucket Dump/Dig Event: Real time recording ability and pictoral representation of bucket position at “dig” and “dump” events by crane operator. Data requirements:

“Target” boom tip horizontal position recorded by operator via push button or other means.

The system shall have a visual monitor installed, at a minimum, in the crane operator cab and in the office trailer (when applicable). Duplicate monitors may be installed at other key locations for operational convenience (ie.. push boat pilot house, survey boat etc..). All positional data shall be obtained at a horizontal accuracy tolerance of 3 feet or less. This system shall be open and available for DQM data submission.

Physical Positioning Failsafes: In the event of loss of satellite positioning, the Contractor shall furnish and establish acceptable physical means of horizontal positioning control (such as buoys, lights, etc…). In the event of loss of satellite positioning, the Contracting Officer will determine if dredging/disposal can accurately continue without satellite positioning. Payment for time lost due to positional error is detailed in Section 24.

Plant satellite positioning system requirement is applicable to the dredging plant, as stated in the scope of work.

(End of Summary of Changes)