1.B.08 - W911WN20B8003 0001 Montgomery Lift Gate Install 2020.pdf

W81ET400642987

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

DAM GATE CONTROL SYSTEM INSTALLATION 2020, MONTGOMERY LOCKS AND DAM, OHIO RIVER, MONACA, PENNSYLVANIA.

The purpose of this Amendment is to:

1. Provide responses to questions received.

2. Update Davis Bacon Wage Determination to PA20200002 04/10/2020.

3. Provide the revised Specifications 01 35 00.00 08; 01 73 19.00 08; 03 31 01.00 10; and 13 34 19.50 addressed in the responses to questions received.

4. Remove FAR Clause 52.228-15 and replace it w ith FAR Clause 52.228-15 (DEVIATION 2020-O0016).

1. CONTRACT ID CODE PAGE OF PAGES

1 28

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

16C. DATE SIGNED

BY 06-May-2020

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 W911WN20B8003

X 9B. DATED (SEE ITEM 11)

09-Apr-2020

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

06-May-2020

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-CT

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:

W911WN20B8003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The Issued By organization has changed from

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

to

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-CT

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

The following have been added by full text:

QUESTIONS AND ANSWERS

Q1. What are the approximate weights of the lift gates?

A1. Each gate weighs approximately 254,100 pounds.

Q2. What are the approximate weights of the machinery houses?

A2. Each machinery house weighs approximately 10 tons.

Q3. Where has the delivered gate been stored on site?

A3. The first fabricated gate is finished and is currently stored at the fabricators facility until needed. The second fabricated gate is currently being fabricated and will then be stored at the fabricators facility until needed.

The fabricator requires 60 days advance notice for delivery.

Q4. Spec Section 13 34 19.50/ 1.7.2.3 states ‘The following items and equipment shall be removed and disposed from Dam Piers Nos. 1, 2 & 3 only:’ Is this meant to read ‘Piers Nos 9, 10 & 11’?

A4. Yes, it is meant to read Piers Nos 9, 10 & 11. See attached updated Specification Section 13 34 19.50.

Q5. On Sheet S-3285 Machine House 10 Sections B & D show darker lines in what appears to be new framing other than the L2x2-1/2 bracing. Is this intended to be new framing in addition to the bracing? If so are all horizontal and vertical members C4x7.25?

A5. The darker lines are for new bracing angles and all horizontal and vertical members are C4x7.25.

Q6. On the GFM drawings there is a notation that reads “future”. Is this to denote a contractor supplied material or installation? E.G. – Drawings S-7046 “Future 1” DIA. A325 Hex Head Bolt, Nut and Washer (TYP.)” A6. The Government Furnished Material Dwg S-7046 Pedestal Side Elevation corresponds with Contract Dwg S-

5293 Pedestal side elevation. The Government Furnished Material dwg S7046 is a reference drawing to indicate the materials already fabricated and provided as Government Furnished Material for installation in this contract. The contract drawing S-5293 shows what is required for installation in this contract. Future on the reference drawing refers to the few items shown and called out on the Contract Drawing for furnishing and installing by this contract.

Q7. Can packing lists of the government supplied materials / equipment be provided to bidders?

A7. Packing lists are not available.

Q8. Can a small office trailer be installed at the designated laydown area shown on drawing C1150?

A8. Yes, a small office trailer can be installed in the laydown area.

Q9. Is shore power available for connection to a contractor office trailer?

A9. Shore power is not available.

Q10. Sections 007300-5 and -6 indicate monthly anticipated high water events and adverse weather delay. Are the days in these two sections meant to be cumulative? For example, the month of January has 9 high water event days and 11 adverse weather delay days, would there then be a total of 20 impacted days on the schedule?

A10. No, the high water and adverse weather days could occur on the same day.

Q11. Is it possible to arrange for a visit to the site? (One or two persons only?)

A11. In person visits to the project site will be allowed, but only with strict compliance with COVID-19 protocols.

All in person site visits must be arranged ahead of time with the Lock Master and a maximum of two (2) Contractor Representatives will be allowed to attend. Face mask must be worn at all time while at the project. All requested site visits must be completed before 3:00 PM ET (Eastern Time) on Friday May 8, 2020.

To schedule a site contact: Mark DeMattio Lock Master at Mark.N.DeMattio@usace.army.mil or (724) 643- 8400 (Option 5).

Q12. Can a bid extension be provided including an extension for final questions?

A12. At this point there is no need for an extension of the Solicitation or the question period.

Q13. Paragraph 12.9 of the referenced specification for ready-mixed concrete, ASTM C94/C94M, requires that discharge of concrete be completed with 1.5 hours after the introduction of the mixing water to the cement and aggregates or the introduction of the cement to the aggregates. This same specification states “This limitation may be waived by the purchaser if the concrete is of such slump or slump flow after the 1.5 hour time has been reached that it can be placed, without addition of water to the batch.” Given the logistics of delivering concrete to Gates 9 and 10 and based on prior experience on other similar projects at this site, we propose to increase the concrete discharge time limit beyond the ASTM C94 required 90 minute limitation due to the length of time required for delivery of ready-mix concrete to the project by local ready mix suppliers and the time required to move concrete across the river to the point of placement. Therefore, may approved type B or D water-reducing or retarding admixtures as used on other USACE projects be utilized to increase initial set time beyond 90 minutes on this project?

A13. This situation is governed by Specification Section 03 31 01.00 10, Paragraph 3.2.1, which requires that the specified slump and temperature limits are maintained throughout the duration of placement. Section 03 31

01.0010 Paragraph 3.6.3.3 and Paragraph 3.6.3.4, requires slump and temperature to be retested if the time after initial discharge exceeds 90 minutes.

The 90 minute limitation from ASTM C94 does not specifically apply, as concrete placement may continue as long as the concrete maintains fresh properties within the specified range at the point of placement.

Q14. Paragraph 1.2.2, Slump, of Specification Section 03 31 01.00 10, Cast-In-Place Structural Concrete for Civil

Works, requires a slump of from 1 to 4 inches for all concrete except concrete placed via pump. Concrete placed by pump may have slump increased to a maximum of 6 inches. We request to increase the concrete slump to a maximum of 7 inches, regardless of placement methods, utilizing approved Type D or F admixtures as used on other USACE projects.

A14. Specification Section 03 31 01.00 10 Paragraph 1.2.2 has been modified to permit slump up to 7 inches after addition of admixtures.

Q15. Also with regard to Paragraph 1.2.2, we request to control concrete slump loss at point of placement resulting from the length of time for delivery to the project by local ready mix suppliers and the additional time required for contractor’s transportation across the river to point of placement. We request to control this potential for slump loss by using approved admixtures which would allow slump to be maintained during transportation across the river in non-agitating transfer devices?

A15. The Contractor’s proposed method would be acceptable, provided that the fresh concrete properties at the point of placement are within specified limits for the duration of the placement. The Contractor should include this information in the Concrete Placement Plan required by Specification 03 31 01.00 10, Paragraph 1.4.

Q16. The delivery dates on the gates (9 & 10) were not changed in this contract from 2019 bid. See page 188/668.

December 3, 2019 is well past us. Please advise.

A16. The delivery date is in error. The first fabricated gate is finished and is currently stored at the fabricators facility until needed. The second fabricated gate is currently being fabricated and will then be stored at the fabricators facility until needed. The fabricator requires 60 days advance notice for delivery.

Q17. Due to employees working from home is it possible to sign the Bid Bond and the Bid using the electronic signature? We use Sign-Now for acquiring signatures on most of our company correspondence at this time, I would include the document history that SignNow provides?

A17. Electronic signatures will be accepted on the bid and SF 24 bid bond form.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

ADDENDUM TO SECTION 00 21 00

00 21 00 – 1 POINT OF CONTACT (FEB 2006)

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

Connie Ferguson, Contract Specialist at 412-395-7551 or e-mail Connie.L.Ferguson@usace.army.mil

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

00 21 00 – 2 ELECTRONIC BID SUBMISSION

Bids: ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FEDEX delivery of hard copies and or CD-ROMs are not authorized. Facsimile submission is not authorized. Electronic Bid Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:

1. Send an email to the Contracting Officer and Contract Specialist to receive the drop off link where you will submit your bid package. The email request for the drop off link will need to be completed no sooner than 7 calendar days prior to the bid due date and time but no later than 1 calendar day prior to the bid due date.

a. Connie Ferguson, Contract Specialist at Connie.L.Ferguson@usace.army.mil

b. Carole Householder, Contracting Officer at Carole.Householder@usace.army.mil

2. You will receive an email from NoReplyTo@mail.mil with the drop off link, Claim ID, Recipient Code, and

Claim Passcode to submit your bid package. As this is a system generated message, please be sure to check your junk or spam folder as it may be there depending on email settings.

3. Click the Add File(s) or Drag and Drop your file(s). See below for the file naming convention requirements.

4. Click Upload button to send documents.

5. Guest users will need to check their email to verify their email address before the recipients will be notified.

No additional action is required by CAC users.

File Size Limitations: Bidders are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If a file size greater than 8GB is anticipated, bidders are required to contact the Contract Specialist and Contracting Officer.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

W911WN20B8002-FIRMNAME-BID

W911WN20B8002-FIRMNAME-BID BOND

If providing more than one file, each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.

File Organization: The entire bid package, to include completed SF1442, acknowledgement of all amendments, and valid bid bond (SF24) including powers of attorney shall be submitted as one pdf document.

Upload Completion & Deadline: Bidders shall submit bid packages no later than the date and time specified in Block 13A on the SF1442. The time & date of bid receipt will be the upload completion/delivery time & date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes - this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record.

00 21 00 - 3 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.

00 21 00 - 4 SUBMISSION OF 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 April 21, 2020. All questions must be in writing and may be emailed to Connie.L.Ferguson@usace.army.mil. Any questions received after the above date will be answered at the discretion of the Contracting Officer.

00 21 00 - 5 BID OPENINGS

Due to health and safety concerns related to COVID-19 pandemic, the bid opening for this project will be conducted virtually by teleconference as follows:

a. Bid Opening will be by teleconference to begin promptly on the date and time specified in Block 13A on the SF1442. At the time of the bid opening, all bids received will be downloaded by the Government official opening the bids. Once all bids have been downloaded, they will be individually opened and read aloud.

b. Bidders should call into the teleconference 10 minutes prior to the teleconference start time at 877-402-

9753, access code 6818503, and security code 8003.

All bids are required to be received by the bid acceptance closing date and time stated in Block 13A of the Standard Form 1442.

00 21 00 - 6 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 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; or

(iii) when interruption of Government technology systems prevents bid opening as scheduled.

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.

d. In the case of a(iii) above, when the bid opening is scheduled for a specific date and time but interruption of Government technology prevents bid opening and precludes and amendment, 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 next business day. 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.

00 21 00 - 7 BID BOND REQUIREMENTS

Each bidder shall submit with his electronic bid package, an electronic copy of the Bid Bond form using the “current version” of Standard Form 24 (SF24) 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.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they were affixed.

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

*Standard Form 24 (Bid Bond) can be found on the GSA Forms website at https://www.gsa.gov/portal/forms/type/SF

In addition to the electronic copy of the Bid Bond, bidders are required to submit a hard copy version of the original bid bond and valid Power of Attorney to the address identified in Block 7 of the SF 1442. The hard copy Bid Bond must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy bid bonds will be validated for acceptability as soon as possible after receipt.

00 21 00 - 8 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, of Engineers, Department of the Army, (insert address).”

An electronic copy of any certified or cashier’s check, bank draft, money order, or currency must be included in the electronic bid package.

In addition to the electronic copy, any certified or cashier’s check, bank draft, money order, or currency must be submitted in hard copy original to the address identified in Block 7 of the SF 1442. The hard copy must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy documents will be validated for acceptability as soon as possible after receipt.

00 21 00 - 9 AWARD

Award will be made as a whole to one responsive/responsible bidder submitting the lowest priced bid.

00 21 00 - 10 LOCATION AND DESCRIPTION OF WORK

Location: The work is located at Montgomery L/D, Ohio River, 100 Montgomery Dam Road Monaca, PA 15061- 2221.

Description of Work. The work consists of removal of existing dam Lift Gates 9 and 10 and associated components, Pier 9, Pier 10, and Pier 11 machinery housing modifications, Pier 9, Pier 10, and Pier 11 track and sill modifications and miscellaneous pier concrete repair, installation of new Government-Furnished dam Lift Gates 9 and 10 and associated lift chains, and repair and relubrication of the gate lifting equipment. Also included is installation of upgraded control system with new PLCs.

00 21 00 - 11 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.

00 21 00 - 12 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.

00 21 00 - 13 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.

00 21 00 - 14 PRE-AWARD SURVEY

Prior to award of the contract, the apparent low bidder will be required to furnish the following information upon request of the Contracting Officer:

a. Financial ability to perform the contract, including the availability of necessary working capital and credit.

Bidder shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

b. Business and financial reputation and integrity. Bidder shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

c. Give brief history of business experience, including length of time in present business.

a. Furnish statement as to similarity between services being rendered and those required by the proposed contract.

b. Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

c. Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

d. Furnish name and address of surety company which will furnish performance and payment bonds.

e. Furnish names and address of proposes subcontractors.

00 21 00 - 15 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.

00 21 00 - 16 UNBALANCED BIDS

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

(End of clause)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

52.228-15 (DEV 2020-O0016)

52.228-15 Performance and Payment Bonds-Construction (APR 2020) (DEVIATION 2020-O0016)

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial

Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

The following have been deleted:

52.228-15

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

ADDENDUM TO SECTION 00 73 00

00 73 00 – 1 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 Schedule Item No. 0001 the appropriate not-to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Schedule Item No. 0001 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 Schedule Item No. 0001. In no case will the Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Schedule Item No. 0001.

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 - 2 REQUIRED INSURANCE

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

Type Bodily Injury Amount Property Damage Comprehensive General Liability $500,000 Per Occurrence $100,000 Automobile Liability 200,000 Each Person XXXXX 500,000 Per Occurrence 20,000 Workmen's Compensation and Employers Liability $100,000 (PA)

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 - 3 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 ttps://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf. 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 - 4 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 FAR 52.236-8 OTHER

CONTRACTS).

00 73 00 - 5 TIME EXTENSIONS FOR UNUSUALLY HIGH WATER EVENT

a. This provision specifies the procedure for the determination of time extensions for unusually high water event in accordance with the clause entitled 52.249-10 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 high water events experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the high water events anticipated for the project location during any given month.

(2) The unusual high water events 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 high water events is based on historic information for a similar project in the vicinity of the work location and will constitute the base line for monthly high water time evaluations.

The Contractor's progress schedule must reflect these anticipated adverse high water event delays in all weather dependent activities. See also paragraph SEQUENCE OF WORK AND RESTRICTIONS, subparagraph Restrictions on Work at Montgomery Dam.

MONTHLY ANTICIPATED HIGH WATER EVENTS

WORK DAYS BASED ON (5) DAY WORK WEEK

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

9 9 14 11 7 3 1 2 2 2 4 10

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

00 73 00 - 6 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the clause entitled 52.249-10 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

11 8 6 5 6 5 5 4 4 4 5 8

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more on the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b. above, the Contracting Officer will convert any qualifying delays to work days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the clause entitled, 52.249-10 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 - 7 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 - 8 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.

00 73 00 - 9 CONTRACTOR QUALITY CONTROL

Section 01 45 00.00 08, QUALITY CONTROL, of this specification requires that the Contractor's Quality Control System Manager or person responsible for Contractor Quality Control complete the Corps of Engineers' "Construction Quality Management for Contractors" course not later than 90 days after receipt of the Notice to Proceed. The course consists of approximately 12 hours of classroom instruction and is offered periodically by the Pittsburgh District. For additional information on scheduling and location of the training, contact U.S. Army Engineer District, Pittsburgh, Theresa Bonanno, U.S. Army Engineer District, Pittsburgh, Upper Ohio Area Office, 3510 Grand Ave., 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 - 10 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, Unique Entity Identifier and IRS Tax ID Number, and name and telephone number of person receiving the information.

00 73 00 - 11 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 DoD SAFE located at the following website:

https://safe.apps.mil/

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 - 12 ELECTRONIC MAIL (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 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 email to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple email 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 email address.

00 73 00 - 13 WAGE RATES

The wage rates identified in the below General Decision Number are incorporated into this solicitation and any resultant contract. The rates apply to all performed work.

General Decision No. PA20200002 04/10/2020 Superseded General Decision Number PA20190002 State: Pennsylvania Construction Types: Heavy Counties: Beaver County

WAGE DETERMINATION

"General Decision Number: PA20200002 04/10/2020

Superseded General Decision Number: PA20190002

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)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 01/24/2020 2 01/31/2020 3 02/07/2020 4 02/14/2020 5 02/28/2020 6 03/13/2020 7 04/10/2020

BOIL0013-005 03/01/2018

CENTRE, FRANKLIN, POTTER, CLINTON, FULTON, HUNTINDON AND

MIFFLIN COUNTIES

Rates Fringes

BOILERMAKER......................$ 45.89 33.39

BOIL0154-004 01/01/2017

ALLEGHENY, ARMSTRONG, BEAVER, BEDFORD, BLAIR, BUTLER, CAMBRIA,

CAMERON, CLARION, CLEARFIELD, CRAWFORD, ELK, FAYETTE, FOREST,

GREENE, INDIANA, JEFFERSON, LAWRENCE, MCKEAN, MERCER, SOMERSET,

VENANGO, WARREN, WASHINGTON AND WESTMORELAND COUNTIES

BOILERMAKER......................$ 40.90 27.27

BOIL0744-003 07/01/2008

ERIE COUNTY

Rates Fringes

BOILERMAKER......................$ 35.34 18.48

BRPA0005-033 05/01/2018

MIFFLIN COUNTY

Rates Fringes

Bricklayer, Stonemason...........$ 31.36 17.73

BRPA0005-046 05/01/2016

FRANKLIN COUNTY

Rates Fringes

Bricklayer, Stonemason...........$ 32.21 14.18

BRPA0005-071 05/01/2018

CLINTON COUNTY

Rates Fringes

BRICKLAYER.......................$ 33.16 16.31

BRPA0009-004 12/01/2018

BEDFORD, BLAIR,CAMBRIA, CENTRE COUNTY (Halfmoon, Houston, Patton, Rush,Taylor and Worth Townships),FULTON, HUNTINGDON, and SOMERSET COUNTIES

Bricklayer, Stonemason & Marble Setter....................$ 29.46 19.58

BRPA0009-006 12/01/2018

CLEARFIELD, FOREST, JEFFERSON, VENANGO, AND CLARION (Except Brady, Madison, Perry, Porter, Redbank, and Toby Townships)

COUNTIES

Bricklayer, Stonemason...........$ 29.90 19.91 Marble mason.....................$ 29.90 19.91

BRPA0009-023 06/01/2018

BEAVER COUNTY

BRICKLAYER.......................$ 30.16 21.41

BRPA0009-025 06/01/2019

BUTLER, LAWRENCE, AND MERCER COUNTIES

Rates Fringes

BRICKLAYER.......................$ 30.51 21.94

BRPA0009-032 06/01/2017

FAYETTE (Jefferson & Washington Twps), GREENE (Except Cumberland, Dunkirk, Greene, Monongahelia Twps), INDIANA, AND WESTMORELAND (Rostraver Twp) COUNTIES

BRICKLAYER.......................$ 31.00 20.66

BRPA0009-033 06/01/2019

ARMSTRONG, CLARION (Brady, Madison, Perry, Tobe, Porter, Redbank Twps), FAYETTE (Except Jefferson & Washington Twps), GREENE (Cumberland, Dunkirk, Greene, Monongahelia Twps), INDIANA, AND WESTMORELAND (Except Rostrave Twp) COUNTIES

BRICKLAYER.......................$ 32.35 22.26

BRPA0009-034 11/01/2019

ERIE COUNTY

Rates Fringes

BRICKLAYER.......................$ 28.64 21.86

BRPA0009-058 12/01/2017

ALLEGHENY, WASHINGTON (Cross Creek, Hanover, Jefferson, Mt Pleasant, Nottingham, Peters, Robinson, Smith, Union Twps)

BRICKLAYER.......................$ 31.69 21.27

BRPA0009-059 06/01/2019

CAMERON, ELK, McKEAN, POTTER AND WARREN COUNTIES

Rates Fringes

BRICKLAYER.......................