W911WN-16-B-8011_P0003.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, Monongahela, and Allegheny Rivers

The purpose of this amendment is to: 1) Add Maintenance Dredging at Emsw orth Lock, 2) Change Dashields Maintenance Dredging to an Aw ardable Option, 3) Update the Bid Schedule - All changed Items are highlighted in Red Font, 4) Add FAR 52.217-5, Evaluation of Options, FAR 52.217-7, Option for Increased Quantity—Separately Priced Line Item, 52.217-9, Option to Extend the Term of the Contract, 5) Update 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction and 52.211-10, Commencement, Prosecution, and Completion of Work, 6) Incorporate the current Wage Determination for Hannibal(OH160002), dated 09/02/2016, 7) Revise Section 00800 to include Paragraph 29 Aw ardable Option, 8) Revise Specification Section 01000 - Additions are highlighed in Green Font. Deletions are highlighted in struck-through Red Font, 9) Provide responses to contractor questions.

See Summary of Changes for Details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

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

16C. DATE SIGNED

BY 09-Sep-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

09-Sep-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 00010 - SOLICITATION CONTRACT FORM

CLIN 3001 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 1 Job

OPTION DASHIELDS CELL DREDGING - OPTION

FFP

The unit of issue (Job) as referred to in this Contract Line Item Number (3001) is the total price for all quantities multiplied by unit prices listed in the Price Schedule for the Dashields Cell Dredging (Items 3001 – 3009). Offerors shall provide a unit price and a total price for all line items listed in the solicitation. All quantities are estimated, except where the unit is given as “Job” or “Each”.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 3001:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

The following have been added by full text:

QUESTIONS AND ANSWERS

QUESTION 1: Will the sediment require any chemical treatment for consolidation or will most of the material be sand or heavier?

USACE RESPONSE: The Contract Technical Specifications do not require chemical treatment for consolidation.

QUESTION 2: Reference Section 01000 Typical Work Requirements, paragraph 4.b. related to source of riprap. Is there enough water depth at the source so that we will be able to load full barges, i.e. 9’ deep minimum?

USACE RESPONSE: The navigation charts show some shallow areas approximately 300 feet downstream of the apron of the dam that extend approximately another 1,000 feet downstream. Similar to what the navigation charts show, 2015 hydrographic surveys that extend 300 feet from the dam apron show that the area approximately 300 feet downstream of the apron is 9 feet or deeper. Depending on barge draft and pool levels, the Contractor may need to approach the stone source area by coming in near the riverward side of the downstream guard wall, staying within 300 feet of the apron and then approach the stone source from upstream. The 2015 hydrographic surveys and a sketch on the navigation chart to illustrate this response have been provided with this amendment. Reference Attachment 1 to this Amendment 0003.

QUESTION 3: Reference Section 01000, paragraph 19.9. Upland Disposal, and the 2nd paragraph where it states “Measurement based on number of cubic yards successfully disposed... provide weight slips as a form of verification...” Also, reference the Bid Schedule line items 0008, 1008, and 2008 Upland Disposal with a unit of CY. We will likely have to pay for the disposal of this material by the ton, so we request that those quantities all be paid by the TON rather than CY as otherwise we will have to guess at an appropriate conversion rate.

USACE RESPONSE: Bid items 0008, 1008 and 2008 UPLAND DISPOSAL have been deleted and marked

“RESERVED.”

QUESTION 4: Reference Bid Items 0005, 1005, and 2005 Sampling and Testing with a quantity and unit of 1 Job for each of the bid items. Being that each of these bid items is for a separate river system, do these quantities and units indicate that only 1 test is required for each bid item. If not, could the quantities and units be changed to be by each test, i.e. 5 each, 2 each, 1 each, which would be a total of 8 tests for 6 different locations?

USACE RESPONSE: The 1 Job (formally called lump sum) quantity for bid items 0005, 1005, 2005 and 3005 is to include all sampling and testing for that river. It is the Contractor’s responsibility to determine the number of necessary samples and tests based on the areas and volumes provided for that bid item’s corresponding river to satisfy the specifications.

QUESTION 5: Seeding will be required following completion of island bank construction/fill placement.

Following the completion of work, the Contractor shall immediately place temporary vegetative cover on all disturbed soil areas. The Contractor shall use the seed mix identified below. Mixes shall contain 0% noxious weeds. The seed mix shall be submitted to the Contracting Officer for approval.

a. Seed Mixes Based on Placement Date:

i. After 15 May to 15 November: 30 lb of rye per acer

ii. After 15 November to 15 May: 30 lb of winter wheat per acre

Rye Annual or Perennial does it matter? Is the vegetative coverage truly to be temporary? Are you referring to Rye Seed as the Winter Wheat or something more like Buckwheat which can also be planted in the fall winter months?

USACE RESPONSE: Perennial ryegrass shall be used. “Temporary” has been removed from the specification (See Typical Work Requirements #6). Winter wheat is desired due to its erosion control properties. Please refer to PADEP Erosion and Sediment Pollution Control Program Manual document #363‐2134‐008 for information on winter wheat.

QUESTION 6: Is it the intent of ACOE / Government to issue task orders by a construction schedule?

USACE RESPONSE: This is a standalone Firm‐Fixed Price contract for the work described in the specifications. It is not an Indefinite‐Delivery Contract. USACE will not issue task orders through this contract.

QUESTION 7: Will all stone material at Emsworth L/D be used as Rip Rap?

USACE RESPONSE: All stone material removed from Emsworth L/D will be used for the stone dikes. The Contractor is to remove only the quantity of stone provided in the contract. Any remaining stone is to remain in‐place at Emsworth.

QUESTION 8: Does ACOE / Government have applicable Dredging Permits for each site?

USACE RESPONSE: Yes.

QUESTION 9: Please confirm if the Satellite Positioning system is only need on the dredging rig.

USACE RESPONSE: The satellite positioning system is only needed on the dredging rig.

QUESTION 10: Bid schedule items 0008, 1008 and 2008 is for "Upload Disposal"

Section 19.9. UPLAND DISPOSAL states: "Payment shall constitute full compensation for all labor, equipment, materials and fees associated with transporting and disposing any dredged material determined to be regulated fill by the Contracting Officer in accordance with these specifications and all Federal, State and Local laws."

Under Typical Work Requirements (2) g. States: "Corrections for disposal of material that is determined to not be Clean Fill shall be handled through the Changes clause (FAR 52.243‐4)."

Please clarify.

USACE RESPONSE: Bid items 0008, 1008 and 2008 UPLAND DISPOSAL have been deleted and marked

“RESERVED.”.

The following have been modified:

BID SCHEDULE

MAINTENANCE DREDGING

OHIO, MONONGAHELA AND ALLEGHENY RIVERS

ITEM DESCRIPTION Quantity Unit Unit Price Amount

OHIO RIVER DREDGING

0001 REIMBURSEMENT FOR ACTUAL

PERFORMANCE AND PAYMENT BOND

PREMIUMS, BASE CONTRACT OHIO

RIVER

1 JOB $______.___ $______.___

0002 MOBILIZATION AND DEMOBILIZATION 1 JOB $______.___ $______.___

0003 DREDGING & LOADING BARGES 7,500 CUBIC

YARD

0004 UNLOADING DREDGED MATERIAL AT

GEORGETOWN ISLAND

7,500 CUBIC

0005 SAMPLING AND TESTING 1 JOB $______.___ $______.___

0006 SURVEYING FOR DREDGING 1 JOB $______.___ $______.___

0007 TIRE DISPOSAL 10 EA $______.___ $______.___

0008 RESERVED 0 N/A $______.___ $______.___

0009 STANDBY 15 DAY $______.___ $______.___

0010 LOADING EMSWORTH STONE ONTO

BARGES

2,400 TON $______.___ $______.___

0011 UNLOADING EMSWORTH STONE FOR

DIKE CONSTRUCTION AT

2,400 TON $______.___ $______.___

0012 FURNISH AND INSTALL FILTER FABRIC 200 SQUARE

0013 SEEDING 2,420 SQUARE

0014 SURVEYING FOR GEORGETOWN ISLAND 1 JOB $______.___ $______.___

TOTAL, OHIO RIVER ITEMS 0001 THROUGH 0014 $______.___

MONONGAHELA RIVER DREDGING

1001 REIMBURSEMENT FOR ACTUAL

PREMIUMS, BASE CONTRACT

MONONGAHELA RIVER

1002 MOBILIZATION AND DEMOBILIZATION 1 JOB $______.___ $______.___

1003 DREDGING & LOADING BARGES 5,250 CUBIC

1004 UNLOADING DREDGED MATERIAL AT

5,250 CUBIC

1005 SAMPLING AND TESTING 1 JOB $______.___ $______.___

1006 SURVEYING FOR DREDGING 1 JOB $______.___ $______.___

1007 TIRE DISPOSAL 8 EA $______.___ $______.___

1008 RESERVED 0 N/A $______.___ $______.___

1009 STANDBY 10 DAY $______.___ $______.___

1010 LOADING EMSWORTH STONE ONTO

BARGES

1,200 TON $______.___ $______.___

1011 UNLOADING EMSWORTH STONE FOR

DIKE CONSTRUCTION AT

1,200 TON $______.___ $______.___

1012 FURNISH AND INSTALL FILTER FABRIC 200 SQUARE

1013 SEEDING 2,420 SQUARE

1014 SURVEYING FOR GEORGETOWN ISLAND 1 JOB $______.___ $______.___

TOTAL, MON RIVER ITEMS 1001 THROUGH 1014 $______.___

ALLEGHENY RIVER DREDGING

2001 REIMBURSEMENT FOR ACTUAL

PREMIUMS BASE CONRACT ALLEGHENY

RIVER

2002 MOBILIZATION AND DEMOBILIZATION 1 JOB $______.___ $______.___

2003 DREDGING & LOADING BARGES 750 CUBIC

2004 UNLOADING DREDGED MATERIAL AT

750 CUBIC

2005 SAMPLING AND TESTING 1 JOB $______.___ $______.___

2006 SURVEYING FOR DREDGING 1 JOB $______.___ $______.___

2007 TIRE DISPOSAL 2 EA $______.___ $______.___

2008 RESERVED 0 N/A $______.___ $______.___

2009 STANDBY 5 DAY $______.___ $______.___

TOTAL, ALLEGHENY RIVER ITEMS 2001 THROUGH 2009 $______.___

AWARDABLE OPTION 1

DASHIELDS CELL DREDGING

3001 REIMBURSEMENT FOR ACTUAL

PREMIUMS, AWARDABLE OPTION 1

3002 MOBILIZATION AND DEMOBILIZATION 1 JOB $______.___ $______.___

3003 DREDGING & LOADING BARGES 6,000 CUBIC

3004 UNLOADING DREDGED MATERIAL AT

6,000 CUBIC

3005 SAMPLING AND TESTING 1 JOB $______.___ $______.___

3006 SURVEYING FOR DREDGING 1 JOB $______.___ $______.___

3007 TIRE DISPOSAL 8 EA $______.___ $______.___

3008 RESERVED

3009 STANDBY 10 DAY $______.___ $______.___

TOTAL, AWARDABLE OPTION 1 ITEMS 3001 THROUGH 3009 $______.___

TOTAL, BASE PLUS AWARDABLE OPTION ITEMS 0001 THROUGH 3009 $______.___

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by reference:

52.217-5 Evaluation Of Options JUL 1990

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Point Marion, Dashields, Montgomery, Emsworth (Allegheny & Beaver Counties, PA)

Goals for minority participation for each trade

Goals for female participation for each trade

6.3% 6.9%

Allegheny L/D 3 (Greene County, PA) participation for each trade

4.8% 6.9%

Hannibal (Monroe County, OH) participation for each trade

3.0% 6.9%

Hildebrand (Monongalia County, WV) participation for each trade

2.1% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

The work is located on the Ohio, Monongahela and Allegheny Rivers open channel areas located anywhere upstream of Hannibal Locks and Dam.

Point Marion, Dashields, Montgomery, Emsworth (Allegheny & Beaver Counties, PA) Allegheny L/D 3 (Greene County, PA) Hannibal (Monroe County, OH) Hildebrand (Monongalia County, WV)

(End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor by March 15, 2017;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 300 days.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 240 calendar days after the date of receipt of the Notice To Proceed. The time stated for completion shall include final cleanup of the premises. If Awardable Option 1 is excercised, the contract completion time will be extended 60 calendar days from the base contract completion date.

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, Allegheny L/D 3 and Emsworth:

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 09/02/2016 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=21

Hildebrand:

General Decision Number: WV160071 08/26/2016 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=3

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…