W911WN18B8010-0002.pdf

W81ET481416016

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

RE: CONSTRUCTION OF THE CHARLEROI LOCKS AND DAM FOR A NEW STILLING BASIN AND ABUTMENT PROTECTION WALL

This amendment is being issued to: 1) Clarify Response to Question 6 received under Questions and Answ ers on Amendment 0001 issued on 24 August 2018, 2) Revise Plans and Specifications, as indicated in the Summary of Changes of this amendment, and 3) Revise Addendum to Section 00 73 00 in Section 00 73 00-1 Wage Rates.

The hour and date specified for receipt of bids remains unchanged at 11:00 am on 31 August 2018.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 29-Aug-2018

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 W911WN18B8010

X 9B. DATED (SEE ITEM 11)

26-Jul-2018

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

29-Aug-2018

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:

W911WN18B8010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0002

QUESTION AND ANSWER

Q6: Please clarify the sequence of dredging for the upstream floodway and approach and the downstream floodway and approach. Note 6 on Sheet 04/110 states "The floodway and upstream approach excavation are to be completed prior to starting the downstream approach excavation." The floodway and upstream approach excavation don't occur until November of 2021 after the option is awarded. Does this mean the contractor cannot dredge downstream until after the option is awarded and the dredging work upstream is completed?

A6 (REVISED): Sheet 04/110, Note 6 has been revised to read: Dredging downstream of the stilling basin and abutment protection wall, floodway dredging and approach dredging shall not commence until the abutment protection wall has been completed and accepted. Dredging of the downstream floodway and approach shall start at the downstream end of the stilling basin and proceed downstream.

Note 7 has been revised to read: Dredging in area B and the downstream floodway as shown on sheet 83/30 will not be permitted from 1 April through 1 July of each year because of fish spawning restrictions. Dredging along the upstream side of the dam is not subject to fish spawning restrictions.

REVISED CONTRACT DRAWINGS AND SPECIFICAITONS

CERTIFED FINAL DOCUMENTS REVISED BY AMENDMENT 0002

The following Drawings Sheet has been revised and is attached to this amendment:

04/110-B – CONSTRUCTION PHASING PLAN – Changed dredging sequencing requirements. Downstream dredging may now commence after the abutment protection wall is complete.

The following Specification sections have been revised and are attached to this amendment:

35 20 23 DREDGING – Minor changes to agree with drawing 04/110-B.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

ADDENDUM TO SECTION 00 73 00

ADDENDUM TO SECTION 00 73 00 – Supplementary Conditions

00 73 00 - 1 WAGE RATES

The attached schedule, Attachment 3, wage rates contains rates applicable to all work under the contract:

General Decision Number: PA180004 08/24/2018 PA4

Superseded General Decision Number: PA20170004

State: Pennsylvania

Construction Types: Heavy and Highway

Counties: Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Lawrence, McKean, Mercer, Mifflin, Potter, Somerset, Venango, Warren, Washington and Westmoreland Counties in Pennsylvania.

HEAVY AND HIGHWAY CONSTRUCTION PROJECTS (excluding sewer grouting projects and excluding sewage and water treatment plant projects) https://www.wdol.gov/wdol/scafiles/davisbacon/PA4.dvb?v=11

00 73 00 - 2 PAYMENT FOR PERFORMANCE AND PAYMENT BONDS

a. In order to ensure that sufficient funds have been set-aside for payment of performance and payment bond premiums, bidders shall insert in Bid Item No. 0001 and Bid Item No. 1001, an appropriate not-to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Item No. 0001 and Bid Item No. 1001, 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 No. 0001 and Bid Item No. 1001. In no case will the Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Item No. 0001 and Bid Item No. 1001.

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.

00 73 00 - 3 REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire performance period of this contract, the following minimum insurance. (See also Section 00 70 00 CONDITIONS OF THE CONTRACT, FAR 52.228-5 Insurance – Work On A Government Installation (JAN 1997).)

Type Bodily Injury Amount Property Damage

Comprehensive General Liability $500,000 Per Occurrence $100,000

Automobile Liability $200,000 Each Person --

$500,000 Per Occurrence $ 20,000

Workmen’s Compensation $100,000 (PA) and Employers Liability

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

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

00 73 00 - 4 AWARDABLE OPTION

Only the basic contract items, Items No's. 0001 thru 0029, will be awarded initially. Awardable Option Items 1001 and 1002 will be made based upon availability and receipt of funds. Awardable Option Items within the group will be awarded as a group. The Not-to-Exceed amount for Item 1001 should reflect bond costs for all awardable option items within each respective group. The determination to award the awardable option items will be made no later than 30 October 2021 and will be made based upon completion of other work at the project.

The Contract completion time upon awarding of the option items will not be extended.

00 73 00 - 5 SAFETY AND HEALTH REQUIREMENTS MANUAL

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

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

00 73 00 - 6 WORK UNDER OTHER CONTRACTS

Attention is directed to the fact that other Contractors may be employed by the Government or by local interests at or in the vicinity of the work covered by these specifications. All Contractors shall have equal rights to the use of all roads and grounds so far as practicable and this Contractor shall cooperate with other Contractors so that the work may be performed with the maximum efficiency. Should a disagreement occur between Contractors as to the use of facilities or in other matters, the decision of the Contracting Officer shall govern. (See also the Section 00 73 00 CONDITIONS OF THE CONTRACT, FAR 52.236-8 Other Contracts (APR 1984).)

00 73 00 - 7 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with FAR clause 52.249-10 entitled "Default (Fixed-Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

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

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

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

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more on the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b. above, the Contracting Officer will convert any qualifying delays to work days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with FAR clause 52.249-10 entitled, "Default (Fixed-Price Construction)".

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

00 73 00 - 8 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to deliver a quality product, in an efficient and safe manner, on schedule. This partnership would be bilateral in makeup and participation will be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in the contract price.

00 73 00 - 9 WORK PERFORMED BY CONTRACTOR

Within ten (10) calendar 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.

00 73 00 - 10 CONTRACTOR QUALITY CONTROL

Section 01 45 01, USACE QUALITY CONTROL, of this specification requires that the Contractor's Quality Control System Manager or person responsible for Contractor Quality Control complete the Corps of Engineers'

"Construction Quality Management for Contractors" course not later than 90 calendar 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, Theresa Bon Anno, U.S. Army Engineer District, Pittsburgh, Upper Ohio Area Office, 3510 Grand Avenue, Pittsburgh, Pennsylvania 15225, telephone (412) 395-7677.

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.

00 73 00 - 11 COPYING, DISSEMINATION OR DISTRIBUTION OF INFORMATION.

Those who disseminate information contained in the solicitation 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, the Unique Entity Identifier (formerly DUNS) Number, and name and telephone number of person receiving the information.

00 73 00 - 12 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

00 73 00 - 13 ELECTRONIC EMAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 10 calendar days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use e-mail to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple e-mail addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this e-mail address.

(End of Summary of Changes)