W9127822B0001 Solicitation IFB - AM04.pdf

IDIQ Contract for Rental of 30-inch Cutterhead Pipeline

Dredge for Dredging in Alabama, Mississippi, and Florida

Solicitation No.

W9127822B0001

PART I-REVISIONS MADE BY ADDED AND/OR REPLACEMENT PARAGRAPHS/PAGES/SECTIONS

The items listed below are to be replaced by the corresponding added and/or revised paragraphs/pages or sections. Added and/or revised paragraphs/pages or sections are indicated by a note in bottom right-hand corner of each paragraph or page. Added sections are hereby made a part of the contract and are to be inserted in the specification in the proper numerical/alphabetical sequence.

Within the specifications, deletions from the specifications are indicated by strikethrough, e.g.: deletions are marked Hith strikethrough and additions to the specifications including revisions/substitutions are indicated in bold, italic and underlined, e.g.: additions are indicated thus.

SECTION

SF30

Section 00 00 10

Section 00 70 00

Section 01 00 00

Corresponding Added or Revised Paragraph Page, and/or

Section

Bidding Schedule Revised in its Entirety

Replaced Clause 52.222-55 Minimum Wages for Contractor workers Under Executive Order 14026 to updated version

Scope of Work Revised in its Entirety

Revised by Amendment 0004

IDIQ Contract for Rental of 30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127822B0001

00 00 10 - 1

Section 00 00 10

BIDDING SCHEDULE

CONTRACTOR NAME: _____________________________________________________________________

Item No. Description Estimated Quantity Unit Unit Price Estimated Amount

1.

BAY DREDGING 100% Pay Time (For estimated quantity, see table in Sec. 01 00 00, par. 2.2) ________ HRS _______ _______________

2.

DREDGING: Sand Island Beneficial Use Area (SIBUA) 1,000,000 CY _______ _______________

2.3.

MOBILIZATION BAR TO BAR (See Sect. 01 00 00 paragraph entitled PAYMENTS) 500 80 MI _______ _______________

3.4.

MOBILIZATION AND DEMOBILIZATION

(Dredge and Plant) See Note 7 Below 1 JOB XXXX _______________

4.5.

INTERMEDIATE MOBILIZATION AND

DEMOBILIZATION OF PIPELINE

See Note Below

150 100 UNIT ________ _______________

5.6. MISSISSIPPI STATE TAX 1 JOB XXXX $50,000.00

TOTAL

BID

Offeror elects to waive the price evaluation preference for Hubzone Small Business Concerns: ( ) Yes ( ) No (This applies only to Small Business certified as a Hubzone Small Business by the Small Business Administration).

NOTES:

1. To better facilitate the public bid opening process, all modifications to bids are to be submitted on copies of the latest bid schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to bid items, all bidders should state their revised prices for each item. The company name should be indicated on the face of the bid schedule to preclude being misplaced.

2. Bidders must insert a price on all numbered items of the bidding schedule. Failure to do so will disqualify the bid.

3. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and extension, the unit price will be considered to be the bid.

4. The number of hours and cubic yards indicated on the Bidding Schedule is approximate. The contractor may be required to work either more or less than the numbers specified, and these items are not subject to the Variations in Estimated Quantities Clause.

5. Refer to Section 00 00

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6. For Bid Item entitled INTERMEDIATE MOBILIZATION AND DEMOBILIZATION OF PIPELINE, each UNIT is equivalent to 1,000 feet of pipeline.

7. For the purposes of bidding, the dredge Mobilization Point is the mouth of the Mobile River Sand Island Beneficial Use Area, Mobile, AL.

8. For Bid Item entitled, MISSISSIPPI STATE TAX, the Government will reimburse the Contractor for the actual taxes collected by the State of Mississippi for work performed under this contract. It cannot be left blank. Also, the State of Mississippi will enforce an equipment tax on equipment new to the State of Mississippi. This equipment tax will not be reimbursed by the Government. For information regarding the computation of the Mississippi State Tax please refer to the following link:

https://www.dor.ms.gov/business/guide-construction-contractors.

BID EVALUATION:

(1) It is the intent of the Government to secure a dredge meeting the requirements set forth in the Statement of Work of the specifications.

The table in the paragraph entitled DREDGE AND ATTENDANT PLANT REQUIREMENTS indicates the estimated average output for dredges of various power based on average theoretical conditions under which this work is to be accomplished. Bids will be evaluated and award will be made on the basis of employment of the plant that will result in the lowest overall total price, as described hereinafter, to the Government for the equipment. This is not to be construed by the Contractor that the Government guarantees this number of hours and linear feet will be worked.

(2) Bidders should insert into the bid schedule the appropriate number of hours for 100% Pay Time from the table in section 01 00 00, paragraph 2.2.

(3) Bids based on dredges smaller than those listed in the Table will be considered non-responsive.

(4) The Government will check the bidder's computation for accuracy and to ensure that the bidder's computation was made in accordance with the above evaluation procedures. In case of variation between the bidder's computation procedures and those prescribed above, the Government will correct the bidder's computation and the bid will be evaluated by the corrected computation.

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INFORMATION TO BE SUBMITTED WITH BID: Each bidder shall furnish the information required below by filling in the blank spaces:

Dredge Name or Number__________________________________________________ _

Fair Market Value of the Dredge___________________________________________

Bunker Capacity (gallons/tons)____________________________________________

Hull: Material of Construction____________________________________________ Length (ft)_________________________________________________________ Breadth (ft)________________________________________________________ Depth (ft)__________________________________________________________ Diameter of Spuds (in)______________________________________________ Distance between spuds, athwartship(ft)_____________________________ Distance of spuds from stern of dredge (ft)_________________________ Conventional Spuds______ Traveling Spuds________ (Check one)

Draft under normal working conditions (ft)__________________________ When built__________________________________________________________ When and where last dry docked______________________________________ Length of time of last dry docking( months)_________________________

Min. width of channel in which dredge can successfully operate (ft)_______

Max. depth of water in which dredge will operate(ft)______________________

Max. draft of dredge (ft)_________________________________________________

Max. current in which dredge can successfully operate:

Miles per hour (for 11 feet of water)___________________________

Depth to which dredge will dig(Max./Min.)(ft)__________________________

LADDER:

Material of construction:________________________________________ Length (ft)_______________________________________________________ Type of flexible suction pipe connection to hull___________________ Maximum continuous swing width (ft)________________________________ Diameter of cutter shaft (in)_______________________________________ Cutter actuating device: Size:_____________________________________

Type:_________________________________________ Power:________________________________________

Type of cutter______________________________________________________ Horsepower of cutter motor__________________________________________ Normal R.P.M. of cutter_____________________________________________

LADDER PUMP:

Type and Make________________________________________________________ Diameter discharge, as originally designed(in)_______________________ Diameter of impeller (Max./Min.) (in)________________________________ Max. R.P.M. of impeller______________________________________________ Brake H.P. applied to pump impeller__________________________________

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DREDGING PUMP: (MAIN DREDGE PUMP)

Type and Make____________________________________________________ Diameter suction (in)________________________________________________ Diameter discharge, as originally designed(in)____________________________ Diameter of impeller (Max./Min.) (in)__________________________________ Max. R.P.M. of impeller_____________________________________________ Method of actuating impeller_________________________________________ Brake H.P. applied to pump impeller___________________________________

MAIN ENGINE: (DESCRIBE FULLY)

Make_______________________________________________________________ Type________________________________________________________________ Size_________________________________________________________________ Age_________________________________________________________________ B.H.P._______________________________________________________________ R.P.M._______________________________________________________________ Estimated amount of fuel consumed per day__________________________________

LIGHTING PLANT:

K.W.________________________________________________________________

ATTENDANT PLANT:

Quarterboat, size_____________________________________________________ Launch or launches, size_______________________________________________ Skiffs, number_______________________________________________________ Method of supporting discharge pipe_____________________________________ Type and number of pontoons__________________________________________ Dredge Tender, size__________________________________________________ Dredge Tender, horsepower____________________________________________ Dredge Tender, size__________________________________________________ Dredge Tender, horsepower____________________________________________ Towing Vessel, size__________________________________________________ Towing Vessel, horsepower____________________________________________ Total H.P. of all fuel consuming units in the makeup of the total dredging plant (horsepower)__________________________________________

The plant was last operated in _________________at________________________________ The plant offered is owned by __________________________________________________ The plant may be inspected at __________________________________________________ The period of time of lay up in the past 12 months__________________________________

00 00 10 - 5

DREDGE CREW

(A complete listing of proposed personnel in compliance with the responsibilities in Section 01 00 00, paragraph entitled

CREW)

POSITION NUMBER

SUBSISTENCE: The plant ( ) will ( ) w

The rental rate to be charged for the above plant, complete with full operating personnel and in operating status on a 24-hour day, 7 days per week basis, will be set forth in Bidding Schedule.

DREDGE PLANT OPERATION: The number of shifts to be worked per day on a 24-hour basis, 7 days per week is _______.

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)

(a) Definitions. As used in this clause

Seasonal recreational equipment rental means any equipment rental in connection with seasonal recreational services.

Seasonal recreational services means services that include: river running, hunting, fishing, horseback riding, camping, mountaineering activities, recreational ski services, and youth camps.

United States means the 50 states and the District of Columbia.

Worker

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and-

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a d

Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of

Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on http://www.wdol.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O.

minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result nce, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

00 70 00 - 1 Revised by Amendment 0004

SECTION 00 70 00

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the on, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

00 70 00 - 2

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541); or

(iii) Seasonal recreational services or seasonal recreational equipment rental for the general public on Federal lands, except for lodging and food services associated with seasonal recreational services, in accordance with Executive Order 13838, Exemption from Executive Order 13658 for Recreational Services on Federal Lands (3 CFR, 2018 Comp., p. 831), as implemented by the U.S. Department of Labor regulations at 29 CFR 10.4(g).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at http://www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii)

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

00 70 00 - 3

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a regulations at 29 CFR Part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026

(JAN 2022)

(a) Definitions. As used in this clause

United States means the 50 states , the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and

(A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute ( 40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

00 70 00 - 4 Revised by Amendment 0004

(iii) Also includes any person working on, or in connection with, the contract and individually

Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers , while performing in the United States , and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate.

The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O.

minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors ). Associated labor costs shall include increases or decreases that result from changes in socia but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period.

Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

00 70 00 - 5 Revised by Amendment 0004

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labo Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be

00 70 00 - 6 Revised by Amendment 0004 obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract.

Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors ) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers .

00 70 00 - 7

(k) Subcontracts . The Contractor shall include the substance of this clause, including this paragraph

(k) in all subcontracts , regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States .

(End of clause)

00 70 00 - 8

SECTION 00 70 000

01 00 00 - 1

Section 01 00 00

Statement of Work Description/Specifications

INDEX

PARA NO. PARAGRAPH TITLE

1. SCOPE OF WORK

2. DREDGE AND ATTENDANT PLANT REQUIREMENTS

3. PERFORMANCE

4. PHYSICAL DATA

5. WORK LAYOUT AND ORDER OF WORK

6. RESERVED

7. DREDGING (EXCAVATING OF SHOALS)

8. DISPOSAL OF EXCAVATED MATERIALS

9. QUALITY CONTROL

10. QUALITY ASSURANCE

11. CONTRACT INVOICES/RECEIVING OFFICE

12. RESERVED

13. RESERVED

14. -AWARD INSPECTION OF

PLANT

15. PLANT

16. COMMUNICATION

17. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE

18. PRECONSTRUCTION CONFERENCE/ADDITIONAL SAFETY

REQUIREMENTS

19. CREW

20. GENERAL SAFETY REQUIREMENTS

21. SPECIAL SAFETY REQUIREMENTS

22. PAYMENTS

23. TASK ORDER PROCEDURES

01 00 00 - 2

SECTION 01 00 00

STATEMENT OF WORK DESCRIPTION/SPECIFICATIONS

1. SCOPE OF WORK:

1.1. DREDGING: The work to be performed under this contract consists of dredging at various locations within the Mobile District. These sites include deep draft coastal inlets along the Gulf Coast, as well as coastal restoration projects, beach nourishment projects and any other project requiring the use of a dredge in Alabama, Mississippi, and Florida. The scope of this contract also provides for any other type or size dredge other than those specifically called for in the specifications. The scope also includes supplying dredge related supplies and equipment such as tugs, barges, cranes, geotextile tubes, sheet pile, land based heavy equipment for disposal operations, and other marine equipment associated with channels and coastal restoration projects. Other marine equipment or materials such as geotextile tubes, sheet pile, additional hand labor crews, environmental monitors, divers, etc., that are not specifically called for within these specifications will be negotiated with the individual task order. The Contracting Officer may elect to negotiate cubic yard task orders for some projects in lieu of the standard dredge rental rate.

1.2. DREDGE PLANT: The work to be performed under this contract consists of furnishing an ocean certified hydraulic cutterhead pipeline dredge with pump discharge of not less than 30-inch diameter and must be able to work in exposed marine environments along the Gulf Coast that are exposed to rough sea conditions such as the outer Mobile Bar channel. The dredge will be complete with all necessary materials, supplies, (including fuel, power, and water) labor, and transportation for maintenance dredging operations as specified in the above paragraph. More specific dredge and attendant plant requirements are discussed below.

1.3. DREDGED MATERIAL DISPOSAL: All removed materials will be placed in approved disposal areas as directed by the Contracting Officer or his Authorized Representative and as discussed in these specifications.

1.4. GENERAL: All work, material and services not expressly called for in these specifications which may be necessary for complete and proper operations to carry out the contract in good faith shall be performed, furnished and installed by the Contractor at no increase in cost to the Government. The Contracting Officer or his Authorized Representative may at any time require the Contractor to relocate to a different dredging site should shoaling rates, or other circumstances so dictate. The Government reserves the right to contract additional dredges to perform dredging work on the same projects and geographical area.

2. DREDGE AND ATTENDANT PLANT REQUIREMENTS:

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2.1. DREDGE REQUIREMENTS: The dredge offered shall be equipped with a ladder pump and be capable of continuous operation with a minimum horsepower rate as shown below which includes the horsepower applied on the main dredge pump and ladder pump (A ladder pump is defined by Mobile District as a dredge pump installed no less than one-third of the distance down the ladder.) Additional pump size and/or horsepower above the minimum listed below does not justify a competitive advantage in the number of hours in the bid schedule. The dredge shall be capable of efficiently dredging the Mobile Bar channel that at times experiences high velocity currents, ground swells, etc. The Contractor shall have available for use at all times a variety of serviceable interchangeable pump impellers (2 minimum), a spare pump case, and a spare serviceable cutter to permit the dredge to operate efficiently under varying conditions described in paragraph entitled, "PHYSICAL DATA". The dredge shall be capable of dredging upstream as well as downstream and will so operate as directed by the Contracting Officer. The dredge shall be capable of dredging the full bottom dimension of up to 400 feet and depth of 52 feet, plus minimal over-swinging through one swing (cut) of the cutterhead from a given set of the dredge subject to a velocity of less than 2 feet per second given normal conditions. The cut coverage shall be accomplished in one set of the dredge and at or before the dredge reaches its normal set-ahead dredge spud positioning. That cut coverage is expected The swing of the cutterhead will be accomplished through the use of conventional dredge swing anchors or previously placed deadmen . The dredge shall be equipped with an electronic positioning system and include the equipment which will record such data.

2.2. HORSEPOWER REQUIREMENTS: Dredge Minimum Horsepower -

Horsepower is equal to the correlating connected brake horsepower applied to the dredge pump. Those dredges which have less horsepower or have less discharge diameter than the minimum shown below will be considered non-responsive.

30-inch Discharge main pump(s) 5000 H.P. (min) ladder pump 1200 H.P. (min)

For the purpose of bidding and evaluating bids, it will be considered the dredge will be used for the number of hours (100% Pay Time) given in the following table. However, this is not to be construed by the Contractor that the Government guarantees that the dredge will be used for this number of hours. The number of hours shown in the TABLE is estimated. The actual hours may be more or less than what is shown.

Dredge Size 100% Hours 30 inch Basic Dredge 3411 1533

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With traveling spuds 2899 1333

Additional allowance in dredge production will be given for dredges with traveling spuds (spud carriage). A 15% reduction is shown in the table hours for traveling spuds. A reduction in bid hours will result in a 15% increase in hourly rate for traveling spuds using the equation below.

The traveling purposes. A pre-award inspection of the dredge will be conducted by the Government and the contractor must adequately demonstrate the dredge is g spud while the Government representative is present. If it is determined that the traveling spud does not meet this requirement then the contractors bid price will revert to the converted price based on the number of hours in the table above without a traveling spud. In addition, the contractor may elect to bid based on the number of 100% pay hours without a traveling spud and elect to add a traveling spud later in the contract.

The 100% bid price for the dredge will then be converted based on the number of hours with a traveling spud provided the traveling spud meets the requirements herein. The following equation was used to calculate the hours in the table for the bid schedule.

Equation: (1-(0.15 for traveling spud)) X Basic Dredge hours for the dredge = Number of hours for bid schedule

Example: Dredge A is equipped with a traveling spud. Applying the equation yields: (1-(0.15)) X 3411 = 2899 hours.

Equation: Basic dredge hours for the dredge size ÷ (1+(0.15 for traveling spud)) = Number of hours for bid schedule

Dredge A is equipped with a traveling spud. Applying the equation yields:

1533 ÷ (1+(0.15)) = 1333

2.3. ATTENDANT PLANT:

2.3.1. Attendant plant shall be composed of such barges, fuel, water, pipe derrick, anchor, etc., floating, submerged, and slip joint discharge pipe, and other attendant or auxiliary plant as may be required for operations under these specifications whether or not these items are specifically mentioned. The auxiliary and attendant plant shall be in good condition and of sufficient size and capability to efficiently serve the dredge.

2.3.2. The Contractor will have available at all times during the duration of work a minimum amount of 30,000 feet combination of floating and submerged pipeline.

The Contractor shall determine for himself the lengths of floating and submerged ubmerged line

01 00 00 - 5 lengths is found to be inefficient, the Contractor may be directed to adjust the combination thereof to a more efficient combination all at no increase in cost to the contract.

2.3.3. The attendant plant shall include a minimum of two vessels, each a twin-screw shallow draft dredge tender. Both vessels shall be of sufficient size and horsepower, capable of performing all duties necessary to efficiently carry out dredging operations in normal currents and conditions and both shall be available at all times with one operator and one deckhand each to insure efficient operations. In the event the dredge is not self-propelled, the attendant plant shall include one additional towing vessel, with sufficient horsepower to be determined by the Contractor, to be available at all times to adequately move the dredging plant to allow passage of traffic, to move the dredging plant from one location to another, to completely move the dredge plant to safe harbor in case of adverse weather condition, and to assist in the total dredging operation. No division in pay will be made for the additional towing vessel and the two dredge tenders.

They will be considered as part of the dredging plant and shall be in operation at all times regardless of the pay status of the dredge.

2.3.3(b). Spill Barge: The Contractor must also have, as part of the dredging water D/A(s). The Contractor must have the mechanism built into the spill barge , side to side, and forward/backward. The Contractor must have an electronic tracking system on-board this spill barge, with which the spill barge operator will know where the barge is at all times and be able to make controlled movements. The Contractor should submit information, as part of his DEPOSITION PLAN, explaining how this requirement will be met, mechanically, technically and functionally.

2.3.4. Reserved

2.3.5. Transport Vessel/Survey Boat: The Contractor shall provide one deep "V" hull transport vessel/survey boat, with twin propellers, not less than 40 feet in overall length, with enclosed space for three passengers after installation of all required Contractor furnished survey equipment and survey party crew (Survey Equipment/Personnel defined elsewhere), to adequately operate and survey in all channels included in the scope of work limits along with accompanying disposal areas. This vessel must have an operator and deckhand on site at all times; be capable of traveling at a speed of 20 knots (23 MPH) or greater in good weather and capable of traveling safely at night and in intense fog; (such vessel shall meet or exceed US Coast Guard regulations for vessels 65 feet or less in length); and the vessel shall have a Certificate of Inspection by the US Coast Guard, or at least from a Marine Surveyor. This vessel shall be for the primary use of Government Inspector shift changes and Government directed hydrographic surveying. The use o any other use of this vessel by the Contractor shall be secondary to Government

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Inspector shift changes and Government directed hydrographic surveys. This vessel shall be equipped with the following at a minimum: built-in fuel tanks with correctly operating fuel gauges; marine and company radios; windshield wipers;

running and spot lights; and all required survey equipment. The Contractor shall secure satisfactory landing location for this vessel. The C Representative may approve a transport/survey vessel that does not meet the above requirements if he deems the replacement vessel can adequately perform the required duties stated above.

2.3.6. Survey Party: The Contractor shall furnish one full survey party available for 12 hr/day survey operations 7 days a week. The minimum full-time crew for the survey boat shall be one qualified survey boat operator for the daylight shift, plus up to a 4 man survey party to perform surveys to support the entire dredging process. Also, a person responsible for plotting of surveys should be on board the dredge during the daylight shift. The survey party should have a sufficient number of qualified personnel in order to adequately survey under any condition.

The party shall survey the current conditions of the area being dredged and perform the survey assignments, operating all necessary electronic positioning and computer equipment.

2.3.7. Survey Equipment: The Contractor furnished survey equipment must meet or exceed all requirements listed below as well as any other requirements referred to in these specifications:

2.3.7(a). Positioning System: The positioning system must be capable of providing positional accuracies of the vessel within three meters or less. This backing stating the accuracy thereof. The system utilized must be capable of providing twenty-four hour, seven days a week positional coverage within the above stated accuracies. The contractor, if properly equipped with a Global Positioning System, may utilize such a system as long as the accuracies are confirmed and documented during the use of the system. The positioning system and survey software will have the capability of providing visual guidance to the vessel operator and acquire positioning and guidance updates on no more than one second time increments.

2.3.7(b). Sounding Equipment: The sounding equipment will consist of a sounding machine/device capable of providing updated soundings on no more than 1/20 second intervals and have an accuracy rating of not less than +/-0.5 feet. Sounding device will have analog charting (real time) within the device and will have all the capabilities of calibrating to a bar check utilizing the Norfolk Method of bar checking. All depths acquired will consist of dual frequency soundings utilizing a high operating 208 kHz frequency transducer and a low operating 41 kHz or 24 kHz frequency transducer. All digitally acquired sounding data for the channel surveys and D/A surveys will be those acquired, as directed by the Contracting Officer Representative, utilizing either high operating 208 kHz

01 00 00 - 7 frequency transducer or 41 kHz/24 kHz transducer, as applicable. The high frequency soundings will be shown in conjunction with the 41 kHz /24 kHz soundings on the analog chart of the sounding device. All soundings will be acquired on a continuous basis with plotting of data based on the scale and size of the plot and in clearly legible print.

2.3.7(c). Soundings: Soundings for the surveys for the channel and disposal areas as required by this contract shall be made by an electronic sounding device. The electronic sounding device shall be similar and equal to the Teledyne Odom Echotrac MKIII echo sounder, as requirements dictate. All costs associated with the required soundings and data compilation will be included in the contract price for dredging.

2.3.7(d). Acquired and Processed Data: The survey system shall use a computer and software capable of handling all required data points and plotting of those data points.