W912BU-09-B-0007-Specs-Amend0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0001 15 May 2009

W912BU

U.S. Army Engineers District, Philadelphia Contracting Division, Room 643 Wanamaker Building, 100 Penn Square East Philadelphia, Pennsylvania 19107-3390

E5CTCMNE

U.S. Army Engineers District, Philadelphia POC: Michele Evans Wanamaker Building, 100 Penn Square East Philadelphia, Pennsylvania 19107-3390

W912BU-09-B-0007

27 April 2009

Maintenance Dredging of Wilmington Harbor, Christina River, Delaware

THIS AMENDMENT DOES NOT EXTEND THE 27 MAY 2009 BID OPENING DATE AT 11:00 A.M.

This page was intentionally left blank for duplex printing.

Amendment No. 0001 Invitation for Bids

W912BU-09-B-0007

14. DESCRIPTION OF AMENDMENT (continued)

a. SECTION 00010 – Bid Schedule: Please delete page 00010-3 in its entirety and substitute revised page 00010-3, annotated Amendment No.

0001, attached hereto.

b. SECTION 00815 – WAGE RATES: Please delete pages 00815-5 through 8, in their entirety and substitute revised pages 00815-5 through 8, annotated Amendment No. 0001, attached hereto.

d. SECTION 35 20 23 – DREDGING: Please delete pages 35 20 23-11 and 12, and substitute revised pages 35 20 23-11 and 12, annotated Amendment No. 0001, attached hereto.

e. CONTRACT DRAWINGS:

(1) Please delete drawing 64146 in its entirety and substitute the revised drawing of the same number, with the latest revision date of 14 May 2009, attached hereto.

(2) Please insert new drawings 64148 and 64149, dated 27 April 2009, attached hereto.

f. Please indicate receipt of this amendment on Standard Form 1442(SOLICITATION, OFFER, AND AWARD) as Amendment No. 0001. Failure to acknowledge all amendments may be cause for rejection of the bid.

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

1. Mobilization & Demobilization 1 JOB L.S. $___________

2. Removal and Satisfactory

Disposal of Material 300,972 CY $_________ $___________

3. Adjustment in bid price if

Contractor-furnished disposal areas, described as hereinafter specified, are used, deduct 1 JOB L.S. $___________

TOTAL ESTIMATED AMOUNT $___________

ACCEPTANCE OF ADJUSTMENT FOR CONTRACTOR-FURNISHED DISPOSAL AREAS: Award of the contract on the basis of using Contractor-furnished disposal areas will be subject to the acceptance of these disposal areas by the Contracting Officer.

The Contractor shall be required to obtain all applicable Federal and State approvals as specified in SECTION 01 53 30, “COORDINATION FOR CONTRACTOR- FURNISHED DISPOSAL AREAS” of the Specifications. Failure by the bidder to furnish these approvals with the bid at the time of the bid opening will result in the bid for use of the Contractor-furnished disposal areas to be rejected as being non-responsive.

If the bidder proposes to use disposal areas other than those stipulated in the specifications, an adjustment in the bid price based on acceptance of the Contractor-furnished areas shall be entered as an adjustment item in the Bidding Schedule and the net total bid price. If the bid is based on the use of Contractor-furnished areas, the bidder shall execute DESCRIPTION OF DISPOSAL AREAS form, complete in accordance with the notations thereon, and shall submit the form with the bid. The bid shall adequately describe such Contractor-furnished areas and shall be accompanied by the written permission of the land owners. Description of Contractor-furnished areas shall include location, size and capacity of each area. If the bidder proposes to use both the Government-furnished areas shown on the contract drawings and Contractor-furnished areas, he shall describe in his bid the portion or portions of all the areas which will be used and the estimated quantity of dredged material to be placed in each area.

Invitation For Bids

W912BU-09-B-0007

SECTION 00815 Page 5

General Decision Number: DE080012 05/01/2009 DE12

Superseded General Decision Number: DE20070019

State: Delaware

Construction Type: Heavy

County: New Castle County in Delaware.

Modification Number Publication Date 0 02/08/2008 1 04/11/2008 2 06/20/2008 3 07/04/2008 4 03/20/2009 5 05/01/2009

BRDE0001-003 05/01/2008

Rates Fringes

BRICKLAYER.......................$ 27.00 14.38

CARP0454-005 07/01/2007

Rates Fringes

PILEDRIVERMAN....................$ 35.60 23.61+A

Footnote: PAID HOLIDAYS: Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (provided the employee works the day before the holiday and the day after the holiday).

CARP0626-002 05/01/2007

Rates Fringes

Carpenter:

Carpenter...................$ 28.82 15.09 Scaffold Building...........$ 29.57 15.09

CARP1545-002 05/01/2007

Rates Fringes

MILLWRIGHT.......................$ 31.07 22.13

ELEC0313-001 12/01/2007

Rates Fringes

ELECTRICIAN......................$ 33.92 19.85

* ENGI0542-006 05/01/2009

W912BU-09-B-0007

SECTION 00815 Page 6

Rates Fringes

Operating Engineers:.............$ 34.54 $18.77+A Bulldozer and Forklift......$ 32.22 18.09+A

FOOTNOTE A: PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christams Day, and Election Day -- provided the employee works the scheduled work day before and after the holiday.

IRON0451-002 07/01/2008

Rates Fringes

Ironworkers:

Ornamental, Reinforcing, Rigger and Structural.......$ 29.60 23.40

LABO0199-004 05/01/2008

Rates Fringes

Laborers:

Brick Mason Tender..........$ 22.00 12.60 Common or General...........$ 21.75 12.60

PAIN0021-027 05/01/2008

Rates Fringes

PAINTER: Steel Only.............$ 24.89 12.87

SUDE2007-005 08/16/2007

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 22.92 2.88

LABORER: Pipelayer..............$ 17.43 4.51

OPERATOR: Backhoe...............$ 24.58 9.87

OPERATOR: Crane.................$ 23.83 12.13

OPERATOR: Excavator.............$ 24.99 3.85

OPERATOR: Loader................$ 21.83 7.30

OPERATOR: Roller................$ 18.94 3.25

TRUCK DRIVER: Dump Truck........$ 16.11 1.68

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

W912BU-09-B-0007

SECTION 00815 Page 7

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in he matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

W912BU-09-B-0007

SECTION 00815 Page 8

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

3.3.3 Continuing Effluent Control

Upon completion and acceptance of a work assignment, the Contractor shall provide continuing, intermittent labor to assure that effluent control is continued beyond the completion of dredged discharge into the disposal area. Control, including the removal of flashboards, shall be continued until water impoundment is reduced to that which existed prior to the commencement of disposal into this area. The time required for effluent control beyond completion and acceptance of the work assignment shall not be considered part of the completion time for the contract.

3.4 OVERDEPTH AND SIDE SLOPES

3.4.1 Overdepth

To cover inaccuracies of the dredging process, material actually removed from within the contract limits shown on the Contract Drawings to a depth of not more than 1 foot below the required depth, will be estimated and paid for at the contract unit price for dredging.

3.4.2 Side and End Slopes

No side or end slopes are specified for this contract. Computation of payment quantities will be to the specified depth within the channel edges for all areas requiring dredging, with the following exceptions: (a) From Station 0+000 to Station 1+975, dredging will be required to a distance of 25 feet outside the north channel edge when required dredging depths exist inside the channel along the perimeter of the north edge. (b) From Station 1+975 to Station 6+236, dredging will be required to a distance of 25 feet outside the north channel edge, north turning basin edges, and entrance widening (flare), when required dredging depths exist inside the channel and basin, along the perimeter of the aforementioned north limits.

3.4.3 Excessive Dredging

Material taken from beyond the limits specified in the Paragraphs entitled:

"Overdepth" and "Side and End Slopes" will be deducted from the total amount dredged as excessive dredging, for which payment will not be made.

Nothing herein shall be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of the Special Clauses entitled: "FINAL EXAMINATION AND ACCEPTANCE" and "SHOALING".

3.5 ESTIMATED QUANTITIES

The total estimated quantity of material necessary to be removed within the specified limits as shown on the Contract Drawings, including allowable overdepth, areas outside the channel and turning basin limits as previously specified, and anticipated shoaling, is as follows:

ACCEPTANCE STATION TO TO PROJECT DEPTH ALLOWABLE TO OVERDEPTH

SECTION STATION 35' (CY) OVERDEPTH 36' (CY)

AS-1 0+000 to 1+975 35,957 25,509 61,466

ACCEPTANCE STATION TO TO PROJECT DEPTH ALLOWABLE TO OVERDEPTH

SECTION STATION 38' (CY) OVERDEPTH 39' (CY)

AS-2 1+975 to 3+600 81,283 34,974 116,257 AS-3 3+600 to 4+600 1,934 3,328 5,262

SECTION 35 20 23 Page 11

AS-4 4+600 to 6+236 3,142 2,124 5,266

SURVEY TOTALS 122,316 65,935 188,251

ESTIMATED SHOALING 73,656 39,065 112,721

TOTAL REQUIRED 195,972 105,000 300,972

ESTIMATED BID QUANTITY 300,972

3.6 LIMIT OF DREDGING

3.6.1 General

The area to be dredged is within the limits indicated on the Contract Drawings and specified in the Special Clause entitled: "FINAL EXAMINATION AND ACCEPTANCE", as defined by dredging prism indicated in the Paragraphs entitled: "OVERDEPTH AND SIDE SLOPES" and "MEASUREMENT AND PAYMENT", of this section.

3.6.2 Quantity Acceptance

The Contractor is responsible for completing all dredging requirements for any one acceptance section prior to acceptance of the work by the Government. In any portion of an acceptance section, when the before dredging survey indicates dredging is required, the Contractor is responsible for removing any material found to be remaining above the required depth by the after dredging survey, unless such dredging is waived by the Contracting Officer. All material removed from within the dredging prism, whether accomplished by initial dredging or redredging, will be paid for at the contract unit price and as determined by the quantity calculation resulting from the difference between the before dredging survey and the final after dredging survey. In any portion of an acceptance section, when the after dredging survey indicates dredging is required that was not indicated by the before dredging survey, the Contractor shall be responsible for removing such material to the required depth, unless waived by the Contracting Officer. The Contractor will be paid for such work at the contract unit price and an additional quantity calculation will be made based on the after dredging survey, provided that the material is not determined by the Contracting Officer to be misplaced material.

3.7 CONTRACTOR QUALITY CONTROL

The Contractor shall prepare and maintain Daily Report of Operations forms, as specified in Paragraph "SUBMITTALS".

3.8 MEASUREMENT AND PAYMENT

3.8.1 Mobilization and Demobilization

All costs connected with the mobilization and demobilization of all of the Contractor's dredging plant and equipment will be paid for at the contract lump sum price for this item. Sixty percent (60%) of the lump sum price will be paid to the Contractor upon completion of his mobilization at the first work assignment area. The remaining forty percent (40%) will be included in the final payment for work under this contract.

In the event the Contracting Officer considers that the amount in this item (60%) which represents mobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer may require

SECTION 35 20 23 Page 12