11-B-0009_Specs_Amend0005.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC MARIA T. EVANS

100 PENN SQUARE EAST

PHILADELPHIA PA 19107

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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

THIS AMENDMENT DOES NOT EXTEND THE BID OPENING DATE OF 14 JUINE 2011 AT 11 A.M. EST

Note: All outstanding Requests For Information (RFIs) will be answered by future Amendment(s). Please see attached responses.

Please indicate receipt of this Amendment on Standard Form (SF) 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0005.

Failure to acknowledge all amendments may be cause for rejection of the bid.

Continued on Next Page...

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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 W912BU-11-B-0009

X 9B. DATED (SEE ITEM 11)

06-Apr-2011

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 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) PHILADELPHIA NAVY SHIPYARD FLOOD REDUCTION PROJECT (SEAWALL REPAIR), PHILADELPHIA, PENNSYLVANIA

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

27-May-2011

CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912BU

FACILITY CODE CODE

EMAIL: TEL:

W912BU-11-B-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

(a) Definitions. As used in this clause--

"Act," means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee," means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this con- tract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent informa-tion to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determina- tions issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or fur- nished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor Contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or

4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)).

In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.

(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Act--

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly.

(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision--

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Diver --------------------------

(End of Clause)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

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

(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph

(d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer.

The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

(End of Summary of Changes)

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009

May 27, 2011

Responses to RFIs

General Note---Pertinent language from all contractor inquiries are shown in Italics and are rewritten here in the format they were received. All responses are shown in bold.

1. . . . is requesting copies of the soil borings that may have been performed along the sea wall for the referenced project. It is important to understand the soil properties in order to design an effective jet grout plan. The information provided in the Geotechnical and Environmental Investigation Report appears to be limited to an environmental assessment. Though important to the project, it does not provide the information needed for the development of a jet grouting plan. If the borings are located on the Government's website, and I have missed them, please direct me to them.

Addressed by Amendment No. 0002.

2. Is there water available on site?

To be addressed by revised Section 01 50 00 in forthcoming amendment.

3. Is there Electricity available on or near staging area?

To be addressed by revised plans and Section 01 50 00 in forthcoming amendment.

4. Is there Verizon services available on or near staging area?

To be addressed by revised Section 01 50 00 in forthcoming amendment.

5. There are many Sink holes along the sea wall from station 6+61 – 43+00. Are these incidental to the work in that area.

To be addressed by forthcoming amendment, Section 31 00 00.

6. On section 03‐01‐32 2.1 states mortar shall be sikacem 103f could we submit on a approved equal to that producr that meets or exceeds the properties of the cure mortar

The Government will not evaluate proposed variations to the contract plans or specifications prior to contract award. See Para. 2.1 of that section and Para. 1.6 "VARIATIONS / SUBSTITUTION REQUESTS" of spec Section 01 33 00 SUBMITTAL PROCEDURES. Bid as specified.

7. section 03‐01‐32 2.2 accelerator the manufacture sika stated this product should not be used with sikacem 103f

To be addressed by forthcoming amendment.

8. [Request] copies of the following documents on or before May 1st, 2011: Utility Agreements for relocation of existing or construction of new utility facilities (overhead and underground)

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009

May 27, 2011

See Para. 3.6.1 “Utility Locations” in Section 01 35 26, General Notes of plan Sheet 2 and forthcoming amended Section 01 50 00.

9. Is it possible to receive a copy of attendees from today’s pre‐bid meeting for the Navy Shipyard Flood Reduction (W912BU‐11‐B‐0009.

Project manager has subsequently provided subject list to all site visit attendees.

10. Is the Subcontracting Plan to be submitted with the Bid Proposal?

A Subcontracting Plan is required of all large businesses; it may be, but is not required to be, submitted with the bid. It will be required from the apparent low bidder, and must be approved by the Contracting Officer prior to contract award.

Please see FAR Clause 52.219-9 in Section 00700.

11. Will the contractor be allowed to remove the timber piles to the west of Pier 7 that would interfere with his pile installation work? Section 03 01 32, paragraph 3.3.1 talks about pile removal but does not specifically address the piles adjacent to Pier 7. If the contractor is unable to extract the timber piles, will he be allowed to cut them off 2’ below the mudline?

See revised plans in forthcoming amendment.

12. Drawings sheet 3 of 24 indicates an area in the vicinity of Sta. 9+00 where existing concrete rubble must be removed. The specifications do not address the estimated quantity either by volume or weight of this existing rubble. Please clarify the volume and / or weight of concrete rubble the contractor should assume for bidding purposes.

Bid as shown on plans.

13. Specification section 04 92 00, paragraph 1.4 discusses the condition of the existing wall and the rubble which was placed to stabilize sections of active failure. How will the owner insulate the contractor from liability for subsequent damage to the seawall when the contractor removes the existing rubble? What will the contractor’s liability be?

See Contract Clause 52.236-9 “PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,UTILITIES, AND IMPROVEMENTS (APR 1984)”, as well as Paragraphs 1.10 “PROTECTION OF EXISTING PROPERTY” and 3.6.2 “Shoring” of spec Section 04 92 00.

14. Specification section 04 92 00, paragraph 1.7 indicates that for bidding purposes, the contractor should assume that 75% of the stone needed for the Type I repairs will be reused stone and 25% of the stone will be new contractor supplied. If type I repair is for removal and reinstallation of existing unstable stone as opposed to Type II which is to install missing stones, why will 25% of the areas to receive Type I repairs require new stone? Will the contractor be disposing of 25% of the existing stones that make up the Type I repairs?

Please clarify.

Please refer to first 3 sentences of Para. 1.7 in Section 04 92 00. Also, see Para. 3.12 of that section. Quantities shall be bid as specified and as shown in Bid Schedule.

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009

15. For purposes of measurement and payment with respect to Type I and Type II repairs, is it correct to assume that if existing stones are reused for the repair, then the repair is automatically classified as a Type I repair?

Bid as specified on plans.

16. For purposes of measurement and payment with respect to Type I and Type II repairs, please clarify how the measurements will be taken. Will the x and y dimensions used to define the repair areas be rounded up to the nearest whole foot in each direction? Will the average dimension in each direction of the specific repair areas be used as the basis for measurement and payment? Will the areas be dimensions prior to removal of existing stones or after? If the contractor is removing a portion of the wall as directed and additional stones come loose and require resetting, will the contractor be compensated for these additional areas?

Bid as specified in the contract package. Also, see Paragraphs 3.2 “DELINEATION OF REPAIR AREAS” and 3.6.2 “Shoring” of Section 04 92 00.

17. In reviewing the pictures provided within the specifications, there appear to be areas of the stone seawall that have been covered with concrete. There is no mention of whether the contractor is to remove this concrete fascia or not. Please clarify.

Unless identified as a Type 1 or Type 2 repair, concrete fascia shall remain in place.

Also, several photos in the advertised version of Section 00860 were out of order.

Sequence has since been corrected. An updated Section 00860 will be included in forthcoming amendment.

18. Attached is a pdf of variations in quantity we have between our takeoffs and the quantities given on the bid sheets. In the absence of any further direction, we will bid the project according to your quantities.

Bid as shown in Bid Schedule.

19. . . . formally requests the report generated by Hudson Engineers in 2004 that is referenced in the “Geotechnical and Environmental Investigation Report Seawall Maintenance and Outfall Installation Project” that was issued with this project. This report provides information relating to the existing structure of the seawall on page 4-1 of the USACE report (which directs the reader to Figures 4-6). The information regarding the existing structures will play a critical role in the determination of pricing for multiple features of work for the project.

Bid shall be based on existing conditions and repairs as specified and shown in the contract package.

20. It is unclear from the contract documents whether or not that USACE will require the contractor to perform specific work for the project “in the dry”. Does the work for the concrete seawall repair area (both base bid along with option five) and the work for the stone seawall repair area need to be completed “in the dry” or can the work for these reaches of the project be completed without dewatering the access side of the seawall? If the work needs

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009 to be completed “in the dry” with dewatering of the access side of the seawall, we recommend that the U.S. Army Corps of Engineers issues an Addendum or other form of notice to inform all potential bidders of this requirement in order to ensure the integrity of bid comparison.

The Contractor is expected to perform the construction in a manner, on a schedule and with the equipment and tools required to complete the repairs safely, in compliance with the specifications and as appropriate for the materials used. Also, restrictions associated with the potential use of cofferdams, and revisions to the “Hours of Work” Special Clause (Section 00800) will be included in a forthcoming amendment.

21. Station 27+07 – Option No. 4 -- There is a transformer on an elevated pad and a pull box in the way of the jet grouting operation. Is there an As-Built drawing that shows below ground conduits? Picture No. 1.

To be addressed by revised plans in forthcoming amendment.

22. Existing fence currently has signs on the fence. Are the signs to be relocated to the new handrails?

No. Remove and dispose of signs.

23. From Station 27+07 to 43+10± there is existing communication cable on the fence with several junction boxes, how is this cable being handled? Picture No. 2

Per customer, cable is inactive. Remove and dispose.

24. At the sea plane area, there is a ramp shown on the drawings. The ramp spans approximately 67 feet of the outside wall. The ramp is severely deteriorated. Does the wall in front of the ramp require a full depth repair, if so, it would necessitate removing a section of the ramp. Does the ramp itself require repair, if so please detail the exact repairs required. We are forwarding a picture of the ramp and associated wall (Picture No. 3).

Bid as specified on plans.

25. At Station 30+25± there is a storm inlet with a concrete top that is partially collapsed. This is in an area of jet grout installation (see Picture No. 4). No work is shown for this on the drawings. What is the repair and is it part of the contract?

Not part of the contract. See Contract Clause 52.236-9.

26. There are numerous inlets not shown on the drawings from Station 32+50 east. This is in the jet grouting area. How are these to be handled? Picture 5

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009

May 27, 2011

27. There are railroad tracks visible at Station 43 going westward. It appears they may continue, but be buried. How are these rails and potential creosote ties to be handled?

Picture 6

28. The area adjacent to the wall from Station 27 eastward has sunken areas, ungraded areas, etc. Is the intent to finish grade topsoil and seed this area at completion of the contract?

Picture No. 7

To be addressed by forthcoming amendment.

29. Station 34+90±, there is an area of existing seawall that is deteriorated. This area is calling for soil jet grouting only. Is this area to be repaired (Picture No. 8)

Not in contract.

30. The existing fence at the sea plane area is mounted in concrete in soil. The curb on top of the seawall is 6-inches wide and 12-inches high. Is the intent to mount the new fence on the seawall or on the curb in this area?

It is understood that this question concerns what the plans refer to as the new railing.

Install to concrete seawall, not the curb.

31. The seawall at Station 32+50± is deteriorated. This is an area that shows jet grouting only.

How will this and other deteriorated areas that are in the jet grouting area be handled?

Not in contract.

32. What is meant by “monitoring the fuel line on Pier 7”, as noted on Sheet 4, Note 8?

Actual requirement is to conduct vibration monitoring of gas line in the vicinity of the project. Associated contract package revisions will be provided in forthcoming

33. We are a manufacturer of vinyl and composite sheet piles. The Vinyl Sheet Pile Part that is specified (SG 950) in the above referenced specification, is manufactured by only one company. Hence, a sole specification situation currently exists. Therefore, we respectfully request the review and approval of our [xxxxxxx] as 'an equal'. The sheet pile part we are offering is a Glass Fiber Reinforced Composite (GFRP). This material is stronger and stiffer than the specified vinyl material.

Please bid as specified. The Government will not evaluate proposed variations to the contract plans or specifications prior to contract award. See Para. 1.6 "VARIATIONS / SUBSTITUTION REQUESTS" of spec Section 01 33 00 SUBMITTAL PROCEDURES.

34. I have been told that the above referenced project would be done in 300' sections at a time.

I am wondering if this is true? This may result in separate or multiple mobilizations and de-mobilizations. Please let me know.

Seawall Repairs, Philadelphia Shipyard Amendment No. 0005 Philadelphia, PA IFB W912BU-11-B-0009

See revisions to associated paragraphs in Part 3 of Sections 31 00 00 and 31 41 16 in forthcoming amendment.

35. Note 3 on Sheet 16 states “For bidding purposes the contractor shall assume that approximate 50% of the missing stones are on site (in the water) and can be used. See Specifications.” Paragraph 2.7 of Specification 04 92 00 states ”For bidding purposes, the Contractor shall assume that 75% of stone for Type I repairs will be reused stone, and that the remaining 25% will be Contractor supplied from an approved outside source….All stone for the Type 2 repairs will be from an outside source.” Please confirm that we should use the specification direction in lieu of the drawing direction.

Use the specification direction. Revised plan will be included in forthcoming

36. We have attached a photograph of some existing wood piles just on the river side of the seawall where the sheet piling is to be installed. The top of these piles are in very poor condition and will not easily accept a shim as shown on the timber pile shim repair detail.

Should we bid the wood pile to be flat and able to accept shims or should we include the cutting of the pile to create and somewhat level condition capable of accepting wood shims?

The only way to be sure is to use divers to enter the cavity space under the seawall and inspect each pile.

Bid the package as specified. Note the location of piles to be shimmed. Also, reference areas of the specifications that discuss the use of divers.

37. The handrail system is specified to be “Speed-Rail” by Hollander Manufacturing or approved equal. This system is a modular system consisting of schedule 40 anodized aluminum post and rails with prefabricated fittings and a 2” electroplated steel mesh panels with powder coating. Is a welded system with galvanized mesh panels, hot dipped galvanized (ASTM A123) post and rail all with powder coating an acceptable equal? We believe this system will provide the best long range results. Please advise.

The Government will not evaluate proposed variations to the contract plans or specifications prior to contract award. See Para. 2.1 of that section and Para. 1.6 "VARIATIONS / SUBSTITUTION REQUESTS" of spec Section 01 33 00 SUBMITTAL PROCEDURES. Bid as specified.

38. Section A-A on Sheet 14 shows that the concrete wall repair is approximately 10’ high.

During low tide conditions we measured the concrete wall repair to be 9’ high. This will reduce the square footage quantities by approximately 10%. The test pit data in the geotechnical report seems to confirm this data. Please advise if the bid quantities should be adjusted.

Bid quantity as shown in Bid Schedule.