W912BU-16-B-0013_Amend0004_Specs.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

07/15/2016

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE W912BU 7. ADMINISTERED BY (If other than Item 6) CODE E5CTCSGF

US ARMY ENGINEER DISTRICT, PHILADELPHIA

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PENNSYLVANIA 19107-3390

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: SANDI FLETCHER

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PENNSYLVANIA 19107-3390

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION

NO.

W912BU-16-B-0013

9B. DATED (SEE ITEM 11)

05/31/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 APPROPRIATION DATA (If required)

Dredging, Delaware River Main Channel Deepening, PA, NJ, and DE

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.

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

THIS AMENDMENT HEREBY EXTENDS THE BID OPENING DATE TO 27 JULY 2016 AT 11:00 A.M.

(Continued)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

This page was intentionally left blank for duplex printing.

Amendment No. 0004

IFB W912BU-16-B-0013

14. DESCRIPTION OF AMENDMENT (continued)

a. REQUESTS FOR INFORMATION (RFI) WITH RESPONSES: RFI’s with responses, annotated Amendment No. 0004, are attached to this amendment.

b. SECTION 00 73 00 SPECIAL CLAUSES: Please delete this section in its entirety and substitute revised Section 00 73 00, annotated Amendment No.

0004, attached hereto.

c. SECTION 00 73 15 WAGE RATES: Please delete pages 00 73 15-21 through 00 73 15-34 in their entirety and substitute revised pages 00 73 15-21 through 00 73 15-34, annotated Amendment No. 0004, attached hereto.

d. TECHNICAL SPECIFICATIONS:

(1) Section 35 20 23 – DREDGING: Please delete this section in its entirety and substitute the revised Section 35 20 23, annotated Amendment No. 0004, attached hereto.

e. CONTRACT DRAWINGS: Please delete the following drawings in their entirety and substitute the revised drawings of the same numbers, with the latest revision date of 12 July 2016, attached hereto:

C-114 C-115

f. Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0004. Failure to acknowledge all amendments may be cause for rejection of the bid.

RFI#

Dwg Sheet/ Spec Section Request for Information Response

1 35 20 23

Section 35 20 23 Clause 3.5.1 states that dredging will be required to a depth of 45’ plus 1’ allowable overdepth, measured vertically within the contract work limits. Please provide a typical cross section for what will be payable dredge material.

The typical cross section request is provided with the drawings on sheet C-301.

2 35 20 23

Previous Reach ‘D’ stationing was from 249+000 to 324+000, and clause 1.5.b of 35 20 23 reads that the presence of boulders greater than 36 inches were encountered along the southern project limits. Given that the stationing for this current solicitation is 317+000 to 447+000 are we then to assume that dredging from 317+000 to 324+000 is all shoaled maintenance material?

The previous Reach D contract was from Stations 259+000 to 317+000. There is no maintenance dredging in this contract.

Previous Reach ‘E” project covered stations 432+000 to 447+432 which is also a part of this solicitation. “Difficulties were encountered dredging material from this reach….section was then excluded from previous contract and included in this project”. What methods on the previous project were used to attempt to the remove this material? What dredge? Please provide further information so the other contractors are aware of what didn’t work.

Munitions and Explosives of Concern (MEC) screens were required in previous Contract for Beachfill. A hopper dredge was used for the Reach E project. The Contractor encountered gravelly material, which would not pass the MEC screens on the drag head.

4 35 20 23

Section 35 20 23 Clause 3.9.3.2 states that the 3’x3’ average sorted XYZ dataset generated for volume computations cannot to be used for clearance of an acceptance section. What survey type, spacing, will be used for clearance of an acceptance section? See Amendment 0004.

SF 1442 titles the project as “Maintenance Dredging”. Is this correct? Please provide the areas that are maintenance dredging sections. There is no maintenance dredging in this contract.

Was the CD with survey data that was handed out on Industry Day the same xyz data set that the volumes and drawings for this project are based on? Yes.

Has the volume table been transposed? For example our numbers for AS1 match closely to AS24, and AS24 matches closely to AS1. This trend continues Acceptance Section to Acceptance Section in our initial volume takeoff. Could the Corps please review their volumes per Acceptance Section.

The volume quantities listed in the contract for the West and East side of the channel are reversed. See Amendment 0004.

Under the previous Reach E project that required disposal to Broadkill Beach the contract was modified to allow for 2.0’ of payable overdepth. Given that this project is very similar in terms of low face, scattered shoals, we request that 2.0’ of payable overdepth be provided on this project as well. No. See Section 35 20 23 DREDGING, paragraph 3.5.

We kindly request a 4 week extension of the current bid date to August 3rd. This will allow Contractor’s time to review Government responses to unanswered questions, and more time to analyze all of the detailed geotechnical data, testing, information provided in the specification. Estimating the dredging of very low face work, with varying types of materials over 60,000,000 square feet is very challenging. We thereby request this postponement. See Amendment 0003.

Bid form lists 1,280,000cy to be dredged. This volume would then be significantly larger when considering overdig volumes. Our volume calculation based on the contours and data provided in the plans for available space within the Artificial Island Area 3 Disposal Site is 1,150,000cy. Does this sound accurate? Yes.

12 35 20 23

Section 35 20 23 Clause 3.3.4 Modification of Government- Designated Disposal Area, we interpret this clause to mean that the Government will make sure the disposal site is large enough, dike are high enough, in order to fit all of the dredged material required for this solicitation. Is this correct?

Area 2 will be used as back-up if capacity of Area 3 is exceeded. Additional area will be available if required.

13 35 20 23

Section 35 20 23 Clause 1.5.b lists the previous Reach D contract as Stations 249+000 to 324+000. Our bid documents from this project show 259+000 to 317+000 as the contract limits for the previous Reach D project. Please clarify.

The previous Reach D contract was from Stations 259+000 to 317+000. See Amendment 0004.

REQUESTS FOR INFORMATION with RESPONSES Solicitation No. W912BU-16-B-0013

Amendment No. 0004

Amendment No. 0004

Request For Information Page 1

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (FAR 52.236-4)

a. The indications of physical conditions on the contract drawings are the result of site investigations by surveys. Samples of materials to be dredged were obtained by using vibracore samplers.

b. Tide Data. Tide tables and tidal current tables for the Delaware River may be obtained from the National Ocean Service, Distribution Division, 6501 Lafayette Avenue, Riverdale, MD 20840. The channel depths specified herein are referenced to mean lower low water.

c. Weather Conditions. The site of the work varies from sheltered to exposed conditions. It is believed that work can be performed during all seasons of the year except occasionally during winter months when ice and storm conditions may interfere with dredging operations. Complete weather records and reports may be obtained from the local U.S. Weather Bureau Office nearest to the work site. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the construction period.

d. Channel Traffic. Traffic in the work area consists of ocean going and coastwise vessels, tugs and barges, and pleasure craft. Passing vessels may interfere with dredging operations.

e. Conditions of Channel. The last time the channel in this portion of the Delaware River was previously dredged is unknown. The following records are available for inspection by prospective bidders in the Office of the District Engineer, U.S. Army Engineer District, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107-3390:

(1) Examinations and soundings (before and after dredging) for 2008 to the present for all dredging locations.

(2) Records of sampling, most recent investigation.

f. Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. Conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such as extent as may be necessary to afford a practicable passage. The Contractor shall request the U.S. Coast Guard to issue a Notice to Mariners

Section 00 73 00 Page 1 for each waterway advising navigation interests that the Contractor's dredging plant will be operating in the area. Submit each such request to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395, for Delaware River waterways. Furnish a copy of each request to the Contracting Officer not less than five days prior to the start of dredging. Each request shall contain the approximate time required for completion of dredging in the waterway. The Contractor shall also notify the U.S. Coast Guard prior to the movement of his dredge plant from one acceptance section to another on the opposite side of the channel. Upon completion of dredging in a waterway, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters and on shore.

g. Navigation Aids. The Contractor shall not relocate or move any aids to navigation that have been established by the U.S. Coast Guard. If it becomes necessary to have any aid to navigation moved in order to complete dredging operations under this contract, the Contractor shall notify the Fifth Coast Guard District (dpw) at least 45 calendar days prior to the desired date for movement of the aid. To request a relocation, Contractors shall contact Waterways Management Section Chief: Mr. Chris Scraba, 757-398-6230 or Waterways Management Assistant Section Chief/NJ, DE, PA Project Officer: LCDR Tiffany Johnson, 757-398-6516; e-mail cgd5waterways@uscg.mil; or FAX (757)398-6303 at least 45 days before the desired date for movement of the aid. When making a request by telephone, Contractors must speak directly to the designated points of contact. The leaving of voicemail messages is not acceptable. The Fifth CG District (dpw) will coordinate all temporary relocations or discontinuances. A copy of each request (including records of telephone conversations) shall be furnished to the Contracting Officer.

h. Location. The potential work areas are at various locations in the Delaware River Main Channel between Station 317+000 and Station 447+800 and at specified disposal area.

i. Laying of Submerged Pipelines and Obstruction of Channel. If it becomes necessary in the performance of this contract to use a submerged pipeline, the Contractor shall notify the Contracting Officer in advance of the scheduled placement of the pipeline. If the submerged line is to be placed across a navigable channel, the Contractor shall submit a request for approval at least ten working days (Saturdays, Sundays and holidays excluded) prior to the desired closure date, to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395.

A copy of each request shall be furnished to the Contracting Officer. This request shall contain the following information:

(1) Location (Channel Centerline Stationing) and depth (over the top of the pipeline) at which the submerged line will be placed;

(2) The desired length of time the channel is to be closed;

(3) The date and hour placement or removal will commence;

(4) The date and hour of anticipated completion; and

(5) The name and telephone number of the person to be contacted for information and response to any emergency condition.

The Coast Guard has indicated that the requirements of navigation may make

Section 00 73 00 Page 2 it necessary to establish times other then those requested. Coordinate the work with the Coast Guard sufficiently in advance of the planned closing to prevent delay to the dredging operations and comply with the Coast Guard requirements.

j. Bridge and Utility Line Crossings (Delaware River):

(1) Bridges: The following bridges cross the Delaware River between Delaware Bay and Philadelphia, PA. The vertical clearances presented are above Mean High Water.

HORIZONTAL VERTICAL MILES

LOCATION TYPE CLEARANCE CLEARANCE ABOVE MOUTH

Del. Memorial Twin Bridges Fixed Hwy. 2000 ft. 175 ft. 68.9 Pigeon Point, Delaware

Commodore Barry Fixed Hwy. 1644 ft. 180 ft. 81.4 Bridge, Chester, PA

Walt Whitman Bridge Fixed Hwy. 1930 ft. 139 ft. 96.8 Packer Avenue, Philadelphia, PA

Benjamin Franklin Fixed Hwy. 1686 ft. 129 ft. 100.2 Bridge, Race Street, Philadelphia, PA

Penn Central RR Co. Vert. Lift 500 ft. 49 ft.(down) 104.6 135 ft. (up)

(2) Utilities: At the present time, there have been no identified locations of any oil, gas, chemical, telephone, power lines or other crossings beneath the channel in the vicinity of this portion of the Delaware River.

An investigation was conducted to determine if any utilities are present in the area of the proposed dredging operations. The following resources were reviewed as part of this investigation:

National Pipeline Mapping System (NPMS) Maps ( https://www.npms.phmsa.dot.gov/) - there are no pipelines shown crossing the channel in the proposed dredging area.

Maps of Trans-Atlantic cable landings on the US east coast ( http://cryptome.org/eyeball/cable/cable-eyeball.htm) - there were no landings noted in Delaware Bay.

NOAA Nautical Chart 12304 ( http://www.charts.noaa.gov/OnLineViewer/12304.shtml), and Chart 12311 (http://www.charts.noaa.gov/OnLineViewer/12311.shtml) (46th Editions, May 2011) - there are no indications of pipelines or cables crossing the channel in the proposed dredging area.

DNREC Wetlands & Subaqueous Lands Section - there are no records of permits or leases for utilities crossing the channel in the proposed dredging area.

An Investigation of Submarine Utility Crossings - Stations 249+000 to 515+000, prepared by GBA, is included as Section 00 73 46.

Section 00 73 00 Page 3

To date, no information has been found that would indicate that any submarine utilities cross the Delaware River federal shipping channel in the proposed dredging area. However, unknown utilities may still be present beneath the channel that have not yet been identified.

Therefore, extreme caution should be exercised during dredging to prevent over-dredging to deeper levels than required in the event that utilities may be present that have not been identified. In addition, the Contractor shall notify the "Call Before You Dig Hotline" - DIAL 811, prior to dredging start, and take any other appropriate actions required to verify that no utilities are located in the dredging areas.

The Contractor shall take all necessary precautions to prevent damage to these bridges and utilities. The Contractor shall cause timely notice of the dredging to be given to any utility owners that may be identified.If the Contractor determines that any utilities are present and the utility will interfere with dredging operations, the Contractor shall notify the Government immediately.

k. Bridge to Bridge Radio Telephone Equipment. In order that radio telephone communication may be made with passing vessels, all vessels engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio telephone equipment. The radio telephone equipment shall operate on VHF Channel 13 (156.65 MHz) with low power output having a communication range of approximately ten miles. The frequency has been approved by the Federal Communication Commission.

l. Survey control descriptions will be provided at the Pre-construction meeting.

m. Magnitude of the Contract Work. The estimated value of the contract work is between $25,000,000 and $100,000,000.

n. Current Vibracore data is presented in Section 00 73 42. Historic Vibracore data is presented in Section 00 73 43.

o. Hydrographic surveys were performed on the dates and at the locations shown on the drawings.

p. Magnetometer Surveys: The Corps has not performed or is aware of any magnetometer surveys conducted within the dredging limits of the channel in this portion of the Delaware River.

1.2 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-provided channel coordinates and survey control points. The Contractor shall furnish, at its own expense, such stakes, templates, platforms, equipment, range markers and labor as may be required in laying out any part of the work, from the channel coordinates and surveying benchmarks furnished by the Government and shall be responsible for all measurements in connection therewith. If any Government control is found disturbed or destroyed, this must be communicated to the Philadelphia District Surveys Branch through the COR before any control is re-established. The Contractor shall be responsible for executing the work to such lines and grades as may be established or indicated by the Contracting Officer. The Contractor shall have real time differential GPS positioning in accordance with the Corps surveying manual, EM 1110-2-1003, for class 1 survey requirements for

Section 00 73 00 Page 4 dredge positioning. The Contractor shall provide real time positioning on a computer screen during dredging, and have the capability of playback in 15 minute intervals. The position must be recorded on disk every 15 minutes and submitted to the Contracting Officer on a daily basis. (CENAP)

1.3 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL 2011)

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR clause 52.222-8, Payrolls and Basic Records and FAR clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations.

(b) If the contractor elects to use an electronic Davis-Bacon Act payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and Related Act Regulations. When the contractor uses an electronic Davis-Bacon Act payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon Act payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and Related Act Regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract admin office to the electronic payroll processing system used by the contractor.

(c) The contractor’s provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon Act payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic D-B payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor’s provision and use of an electronic payroll processing service shall be included in the contractor’s price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services

Section 00 73 00 Page 5 shall not be a separately bid or reimbursed item under this contract. (UAI 22.406-6-100)

1.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

a. This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by the Contractor or sub-contractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial or series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment from the Contractor's accounting records, costs for the equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule.

For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect as of the time work was performed shall apply.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.205(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. This data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet."

(UAI 31.105-101)

Note #1: The small purchase threshold is $150,000.

Note #2: By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. This right shall extend for two years after expiration of contract performance. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current.

1.5 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the clause of the contract entitled "Permits and Responsibilities". However, if, in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is

Section 00 73 00 Page 6 damaged by flood or hurricane, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, and equitable adjustment pursuant to Contract Clause entitled "Changes," will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damages to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of such damage. (CENAP)

1.6 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in triplicate copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(CENAP)

1.7 PERFORMANCE EVALUATION OF CONTRACTOR (MAR 2014)

a. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work for contracts less than one year in duration.

Contracts in excess of one year will receive at a minimum, an annual interim evaluation in addition to the final evaluation. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government. The evaluation will be entered into the Contractor Performance Assessment Reporting System

(CPARS).

b. CPARS is a web-enabled application that supports the completion, distribution, and retrieval of construction contract performance evaluations. CPARS is for UNCLASSIFIED use only. An evaluation assesses Contractor performance and provides a record, both positive and negative, on a given contract. Each evaluation is based on objective facts and supported by contract management data, such as contract performance elements that evaluate quality, timely performance, effectiveness of management, and compliance with contract terms, labor standards, and safety requirements. The Contractor will be rated either outstanding, above average, satisfactory, marginal, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to

Section 00 73 00 Page 7 completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting offices for their future use in determining Contractor responsibility, in compliance with ER 415-1-17.

c. Upon successful award of the contract, the Contractor will be notified by CPARS via email that access has been granted to a contract within the system. The email will contain instructions of how to log into the system.

(CENAP)

1.8 SIGNAL LIGHTS (FEB 1983)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels in inland waters (33 CFR 88), as applicable. (CENAP)

1.9 CONTINUITY OF WORK (APR 1965 OCE)

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is secured in the whole of such area, unless prevented by ledge rock, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed. (CENAP)

1.10 FINAL EXAMINATION AND ACCEPTANCE (APR 1965 OCE)

a. As soon as practicable after the completion of the entire work or any section thereof (if the work is divided into sections) as in the opinion of the Contracting Officer will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination the Contractor will be required to remove same by dragging the bottom or by dredging at the contract rate for dredging, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoal may be waived by the discretion of the Contracting Officer. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition, it will be accepted finally. Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the

Section 00 73 00 Page 8 cost of such third and any subsequent sounding or sweeping operations will be charged against the Contractor. The rate of each day in which the Government plant is engaged in such sounding or sweeping operations and/or is enroute to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $5,500.00, except on Saturday, Sunday and holidays when the rate shall be $6,000.00.

b. Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

(CENAP)

1.11 SHOALING (1965 APR OCE)

If before the contract is completed, shoaling occurs in any section previously accepted, including shoaling in the finished channel, because of the natural lowering of the side slopes, redredging at contract price, within the limits of available funds, may be done if agreeable to both the Contractor and the Contracting Officer. (CENAP)

1.12 INSPECTION (DEC 1996)

The presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor will be required:

a. To furnish, on the request of the Contracting Officer or any inspector, the use of such boats, boatmen, laborers, a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

b. To furnish, on the request of the Contracting Officer or any inspector, suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant and to and from the disposal areas.

Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting officer, and the cost thereof will be deducted from any amounts due or to become due the Contractor. (CENAP)

1.13 ACCOMMODATIONS AND MEALS FOR GOVERNMENT INSPECTORS (1965 APR OCE)

a. The Contractor shall furnish regularly to Government inspectors on board the dredge a suitable separate area for an office. A separate trailer on the dredge may be supplied in lieu of a room. The trailer must be securely lashed to the dredge and enclosed by railings. The room or trailer shall be fully equipped and maintained to the satisfaction of the Contracting Officer; it shall be properly heated, ventilated, lighted and insulated from noise, and shall have a desk which can be locked, a chair for each inspector, and washing conveniences. The entire cost to the Contractor for furnishing, equipping and maintaining the foregoing accommodations shall be included in the cost of all the bid items. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the

Section 00 73 00 Page 9

Contracting Officer, and the cost thereof will be deducted from payments to the Contractor.

b. If the Contractor maintains on this work an establishment for the subsistence of his own employees, he shall, when requested, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of a quality satisfactory to the Contracting Officer. The meals furnished will be paid for by the Government at a rate of $5.00 per person for each meal. (CENAP)

1.14 INSURANCE REQUIREMENTS

Evidence of the following insurance shall be provided to the Contracting Officer prior to commencement of work and shall be maintained throughout the period of performance:

a. General Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $500,000 per occurrence.

b. Automobile Liability Insurance (Comprehensive form of policy): Bodily Injury Liability - $200,000 per person and $500,000 per accident. Property Damage Liability - $20,000 per accident.

c. Workmen's Compensation and Employer's Liability Insurance: Compliance with applicable workmen's compensation and occupational disease statutes is required. Employer's liability coverage in the minimum amount of $100,000 is also required."

d. Applicable Marine Casualty and Marine Workmen's Compensation Insurance:

As appropriate for this contract.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

Section 00 73 00 Page 10

General Decision Number: PA160006 07/01/2016 PA6

Superseded General Decision Number: PA20150006

State: Pennsylvania

Construction Types: Heavy and Highway

Counties: Bucks, Chester, Delaware, Montgomery and Philadelphia Counties in Pennsylvania.

HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 01/29/2016 2 02/26/2016 3 04/01/2016 4 05/06/2016 5 05/13/2016 6 05/27/2016 7 06/03/2016 8 07/01/2016

BOIL0013-003 01/01/2011

Rates Fringes

BOILERMAKER......................$ 37.35 30.02

* CARP0173-001 05/01/2015

Rates Fringes

CARPENTER........................$ 42.81 25.89

FOOTNOTE:

A. PAID HOLIDAY: LABOR DAY

CARP0454-003 05/01/2016

Rates Fringes

PILEDRIVERMAN....................$ 43.95 31.32

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).

Amendment No. 0004

Section 00 73 15 Page 21

CARP1906-001 07/01/2015

Rates Fringes

MILLWRIGHT.......................$ 38.36 30.24

ELEC0098-001 05/03/2015

BUCKS COUNTY: Starting at the Delaware River and following the west limits of the Borough of Bristol, along the continuation of U.S. Highway 13 and under the Pennsylvania Railroad Bridge to Route 09113, north 09113 to Route 152, north along Route 152 to the Humeville Road, east on Humeville Road to Route 333, north on Route 344 to the junction of Spurs 281 and 252, continue north on Spur 252 to Route 09028, west on 09028 to Route 152, north on 152 to TR 232, north on TR 532 to Tr 113, north on TR 113 to TR 232 at Anchor Inn, northeast on TR 232 and continue northeast along Rounte 659 to Route 09060, west on 09060 to Route 402, north on 402 to the Borough line at the southwest corner of the Borough of New Hope. The Bouough of New Hpoe is excluded.Starting at the Delaware at the Delaware River and proceeding southwest along the Plumstead-Solebury and the Plumstead-Buckingham Township lines to Route 09064, northwest on 09064 to U.S. Highway 611 south on 611 to the spur of Route 270, northwest along the spur to Route 397, Southwest on 397 to Route 350, southeast on 350 to Route 395, southwest on 395 to Route 09060, southeast on 09069 to Route 09041 southwest on 09041 to the Montgomery County line.

DELAWARE COUNTY: That portion east of a line following State Highway 320 from Montgomery County to Maple, then along the Springfield Road to Saxer Ave, along Saxer Avenue to Powell Road, along Powell Road to State Highway 420 and continuing in a straight line to the Delaware River. MONTGOMERY COUNTY:

That portion southeast of a line following Lower State Road from Bucks County southwest to the Bethlehem Pike (U.S Highway 309), south on the Bethlehem Pike to the Penllyn Pike, southwest on the Penllyn and Blue Bell Pikes to the Wissahickon Creek, southeast on the Wissahickon Creek to the Butler Pike to North Lane near Conshohocken Borough, southwest on North Lane to Schuylkill River and continuing southeast in a line to the Spring Mill Road and southwest on the Spring Mill Road to Delaware County. PHILADELPHIA COUNTY

Rates Fringes

ELECTRICIAN......................$ 52.85 32.78

ELEC0102-003 05/30/2016

BUCKS COUNTY (Plumstead, Bedminister, Tinicum, Nockamixon, Bridgeton and Durham Townships in their entirey, and that portion of Haycock and Springfield Townships east of a line following State Highway 412, from Northampton County south to Route 09071 to State Highway 212, along Highway 212 to Route 09068, and along 09068 to State Highway 313. Also included is that portion of Dublin Borough east of State Highway 313

Rates Fringes

ELECTRICIAN......................$ 53.37 56.50%

Amendment No. 0004

Section 00 73 15 Page 22

ELEC0126-002 06/01/2015

CHESTER, DELAWARE, MONTGOMERY, PHILADELPHIA, AND REMAINDER OF

BUCKS COUNTY

Rates Fringes

Line Construction:

Groundman...................$ 31.29 26.25%+8.50 Lineman.....................$ 52.15 26.25%+8.50 Truck driver................$ 33.90 26.25%+8.50 Winch truck operator........$ 36.51 26.25%+8.50

ELEC0269-001 03/01/2015

BUCKS COUNTY (Area East of a line starting at the Delaware River and following the west limits of the Borough of Bristol, along the continuation of U.S. Highway 13 and under the Pennsylvania Railroad Bridge to Route 09113, north along 09113 to route 152, north along route 152 to the Hulmeville Rd., east on the Hulmeville to Route 344, north on route 344 to the junction of Spurs 281 and 252 continue north on spur 252 and route 09028, west on 09028 to Route 152, north on 152 to TR 532, north on TR 532 to TR 113, north on TR 113 to TR 232 as Anchor Inn, northeast on TR 232 and continue northeast along 659 to Route 09060, West on 09060 to Route 402, north on 402 to the Borough Line at the southwest corner of the Borough of New Hope; including the Boroughs of New Hope and Bristol)

Rates Fringes

ELECTRICIAN......................$ 48.57 61.48%

ELEC0269-002 01/01/2014

BUCKS COUNTY - That portion east of a line starting at the Delaware River and following the west limits of the Borough of Bristol, along the continuation of U.S. Highway 13 and under the Pennsylvania Railroad Bridge to Route 09113, north along 09113 to route 152, north along route 152 to the Hulmeville Rd., east on the Hulmeville to Route 344, north on route 344 to the junction of Spurs 281 and 252 continue north on spur 252 and route 09028, west on 09028 to Route 152, north on 152 to TR 532, north on TR 532 to TR 113, north on TR 113 to TR 232 as Anchor Inn, northeast on TR 232 and continue northeast along 659 to Route 09060, West on 09060 to Route 402, north on 402 to the Borough Line at the southwest corner of the Borough of New Hope. The Boroughs of New Hope and Bristol are included.

Rates Fringes

Line Construction:

Groundman, Truck Driver, and Winch Operato...........$ 38.37 22.22 Lineman, Cable Splicer, Heavy Equipment Operator....$ 47.96 27.78

ELEC0313-003 06/01/2011

DELAWARE COUNTY :(That portion south of U.S. Highway No. 1 and west of U.S. Highway No. 202) Chester County (That portion South and east of U. S. Highway 1)

Amendment No. 0004

Section 00 73 15 Page 23

Rates Fringes

ELECTRICIAN......................$ 35.00 23.70

ELEC0375-001 06/01/2016

BUCKS COUNTY (East Rock Hill, West Rock Hill, Milford and Richland Towships in their entirety and that portion of Haycock and Springfield Townships west of a line following State Highway 212 from Northampton County South to Route 09071 along 09071 to state Highway 212, along Highway 212 to Route 09068 and along 09068 to State Highway 313) MONTGOMERY COUNTY(Upper Hanover Twp.in its entirety)

Rates Fringes

ELECTRICIAN......................$ 39.81 16.58

ELEC0380-001 09/29/2014

BUCKS COUNTY (Hilltown and New Britain Townships in their entirety; that portion of Telford Borough Northeast of County Line Road (Main Street) and bounded by West Rock Hill and Hilltown Township that portion of Dublin Borough West of State Highway 313, and that portion of Doylestown and Warrington Townships and Doylestown Borough Northwest of a line following U.S. Highway 611 South from Route 09064 to the spur of Route 270, and proceeding Northwest along the spur to Route 397, Southwest on 397 to Route 350, Southeast on 350 to Route 395, Southwest on 395 to Route 09069, Southeast on 09069 to Route 09041, Southwest on 09041 to the Montgomery County Line) DELAWARE COUNTY (The portion of Radnor Township North of U.S Highway 30 and West of State Highway 320) MONTGOMERY COUNTY (The portion Northwest of a line following Lower State Road from Bucks County Southwest to Bethlehem Pike (U.S. Highway 309), South on Bethlehem Pike to Penllyn Pike, Southwest on the Penllyn and Blue Bell Pikes to Wissahickon Creek to the Butler Pike, Southwest Wissahickon Creek to Butler Pike, Southwest on Butler Pike, to North Lane near Conshohocken Borough, Southeast on North Lane to the Schuylkill River and continuing Southeast in a line to Spring Mill Road, Southwest on Spring Mill Road to Delaware County; but excluding Upper Hanover, Douglas, Upper Pottsgrove, West Pottsgrove Townships and also excluding that portion of the Borough of Pottstown North and West of a line drawn Northeast on Kein Street from the Schuylkill River to Reading Railroad Northwest on the railroad to Madison Street, to High Street, East on High Street to Green Street, North on Green Street and Northeast on Mintzer Street to Lower Pottsgrove Township Line, along this township line and the borough line Northwest to Adams Street and Beehive Road, Northeast on Beehive Road to the Township Line at Mervine Street)

CHESTER COUNTY (East Coventry. East Vincent, West Vincent, East Pikeland, West Pikeland, Uwchlan, Upper Uwchlan, East Brandywine, Schuylkill and Charleston Townships in their entirety, and that portion of Clan, East Clan, East Whiteland & West Whiteland, Tredyffrin, Willistown, Easttown Townships and Borough of Downingtown north of U. S.Highway 30 )

Rates Fringes

Amendment No. 0004

Section 00 73 15 Page 24

ELECTRICIAN......................$ 41.05 29.99

ELEC0654-001 05/30/2016

DELAWARE COUNTY (The portion south of U.S. Highway 30 and north of that part U.S. Highway 1 between U.S. Highway 202 and the Chester County Line, and east of that part of U.S. Highway 202 between U.S. Highway 1 and the Delaware Line, and west of a line extending from Montgomery County along State Route 320 to Maple, then along the Springfield Road to Saxer Avenue, along Saxer Avenue to Powell Road; along Powell Road to State Highway 420; along 420 and continuing in a straight line to the Delaware River in the State of Pennsylvania) CHESTER COUNTY (That portion south of U. S. Highway 30 and north of that part of U.S. Highway 1)

Rates Fringes

ELECTRICIAN......................$ 42.67 26.56

ELEC0743-001 09/01/2014

CHESTER (Coatesville, Honey Brook, South Coventy, Valley, Wallace, Warwich, West Brandywine, West Clan, and West Nantmeal Twps); AND MONTGOMERY (Douglas, Pottstown, Upper Pottsgrove, and West Pottsgrove, Twps) COUNTIES

Rates Fringes

ELECTRICIAN......................$ 33.87 19.27

New Year's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

ELEC0743-007 09/01/2015

CHESTER COUNTY…