W912BU-16-B-0016_Amend0002_Specs.pdf

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 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.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

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

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

W912BU 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

9A. AMENDMENT OF SOLICITATION

NO.

W912BU-16-B-00

0 / /2016

9B. DATED (SEE ITEM 11)

0 / /2016

This page was intentionally left blank for duplex printing.

Amendment No. 0002

IFB W912BU-16-B-0016

14. DESCRIPTION OF AMENDMENT (continued)

a. BIDDING SCHEDULE: Please delete the Bidding Schedule in its entirety, and substitute the revised Bidding Schedule, annotated Amendment No. 0002, attached hereto.

b. SECTION 00 21 00 – INSTRUCTIONS: Please delete pages 00 21 00-index;

and 00 21 00-4, in their entirety, and substitute revised pages 00 21 00-index; and 00 21 00-4, annotated Amendment No. 0002, attached hereto.

c. SECTION 00 70 00 - CONTRACT CLAUSES: Please delete pages 00 70 00-index;

00 70 00-22; and 00 70 00-26, in their entirety, and substitute revised pages 00 70 00-index; 00 70 00-22; and 00 70 00-26, annotated Amendment No. 0002, attached hereto.

d. SECTION 00 73 15 - WAGE RATES: Please delete pages 00 73 15-10 through 00 73 15-16 in their entirety and substitute revised pages 00 73 15-10 through 00 73 15-16, annotated Amendment No. 0002, attached hereto.

e. TECHNICAL SPECIFICATIONS:

(1) Section 01 11 00 – SUMMARY OF WORK: Please delete Section 01 11 00 in its entirety and substitute the revised Section 01 11 00, annotated Amendment No. 0002, attached hereto.

(2) Section 01 35 30 - MUNITIONS AND EXPLOSIVES OF CONCERN (MEC) CONSTRUCTION SUPPORT: Please delete page 01 35 30-6, in its entirety, and substitute the revised page 01 35 30-6, annotated Amendment No.

0002, attached hereto.

(3) Section 01 78 39 – AS BUILT DRAWINGS: Please delete page 01 78 39-2, in its entirety, and substitute the revised page 01 78 39-2, annotated Amendment No. 0002, attached hereto.

(4) Section 35 31 00 – BEACHFILL: Please delete page 35 31 00-10, in its entirety, and substitute the revised page 35 31 00-10, annotated Amendment No. 0002, attached hereto.

f. Please indicate receipt of this amendment on Standard Form 1442 (SOLICITATION, OFFER, AND AWARD) as Amendment No. 0002. Failure to acknowledge all amendments may be cause for rejection of the bid.

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

BASE BID:

1. Mobilization and Demobilization 1 JOB L.S. $____________

CITY OF CAPE MAY

2. Beachfill - Area 1 USCG - STA 0+00 to 30+00 394,000 CY $________ $____________

3. Beachfill - Area 2 Wilmington Ave - STA 64+00 to 86+00 37,000 CY $________ $____________

LOWER CAPE MAY MEADOWS (LCMM)/ CAPE MAY POINT (CMP)

4. Beachfill – Area 3 Cove - STA 1+00 to 20+00 185,000 CY $________ $____________

5. Beachfill – Area 4 near 1st groin at CMP - STA 75+00 to 86+32 77,000 CY $________ $____________

6. Beachfill – Area 5 Groin Compartment 4 at CMP - STA 95+25 to 103+98 42,000 CY $________ $____________

TOTAL ESTIMATED BASE BID AMOUNT $__________________

DELETED

NOTES:

1. Bidders must bid on all items.

W912BU-16-B-001 INDEX – 00 21 00 - i

SECTION 00 21 00 - INSTRUCTIONS

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-15 Period For Acceptance Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.214-5000 Apparent Clerical Mistakes MAR 2000 52.216-1 Type Of Contract APR 1984

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.225-12 Notice of Buy American Requirement--Construction Materials Under Trade Agreements

MAY 2014

52.233-2 Service Of Protest SEP 2006 252.204-7006 Billing Instructions OCT 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

Amendment No. 0002 IFB No. W912BU-16-B-0016

(DELETED)

W912BU-16-B-0016 00 21 00 - 3

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

(End of provision)

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

(End of provision)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

W912BU-16-B-0016 00 21 00 - 4

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

14.5% 6.9%

(DELETED)

W912BU-16-B-0016 INDEX – 00 70 00 - i

SECTION 00 70 00 – CONDITIONS OF CONTRACT

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12

52.203-13

Limitation On Payments To Influence Certain Federal Transactions Contractor Code of Business Ethics and Conduct

OCT 2010

OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 52.204-17 52.204-18 52.204-19

52.204-20 52.209-2

Commercial and Government Entity Code Reporting Ownership of Control of Offeror Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications Predecessor of Offeror Prohibition on Contracting with Inverted Domestic Corporations – Representation

JUL 2015

NOV 2014

JUL 2015

DEC 2014

APR 2016

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law

FEB 2016

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages--Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-9 Alt I Small Business Subcontracting Plan (OCT 2015) Alternate I OCT 2001 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003

(DELETED)

W912BU-16-B-0016 INDEX – 00 70 00 - ii

52.222-4 Contract Work Hours and Safety Standards- Overtime Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)

MAY 2014

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 52.222-55

Employment Eligibility Verification Minimum Wages Under Executive Order 13658

OCT 2015

DEC 2015

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-11 Buy American--Construction Materials Under Trade Agreements

FEB 2016

52.225-13 52.225-25

Restrictions on Certain Foreign Purchases Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications

JUN 2008

OCT 2015

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

W912BU-16-B-0016 00 70 00 - 21

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

W912BU-16-B-0016 00 70 00 - 22

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1 March 2017.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,400.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is

(DELETED)

W912BU-16-B-0016 00 70 00 - 25

(e) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid:

(1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C.

6621(a)(2); and

(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data which were incomplete, inaccurate, or noncurrent.

(End of clause)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS - SEALED

BIDDING. (OCT 2010)

(a) The requirements of paragraphs (b) and (c) of this clause shall—

(1) Become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4(a)(1); and

(2) Be limited to such modifications.

(b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4(a)(1), on the date of agreement on price or the date of award, whichever is later, or before pricing any subcontract modifications involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4(a)(1), the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor’s proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor’s estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies.

(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR subsection 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that, when entered into, exceeds the threshold for submission of certified cost or pricing data at FAR 15.403-4(a)(1).

(End of clause)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

W912BU-16-B-0016 00 70 00 - 26

(End of clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(DELETE)

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

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

Washington, DC 20210

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

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

Washington, DC 20210

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

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

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

Washington, DC 20210

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

END OF GENERAL DECISION

Section 00 73 15 Page 9

General Decision Number: NJ160050 09/09/2016 NJ50

Superseded General Decision Number: NJ20150050

State: New Jersey

Construction Type: Heavy

County: Cape May County in New Jersey.

HEAVY 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 02/19/2016 2 02/26/2016 3 05/06/2016 4 05/13/2016 5 06/03/2016 6 08/05/2016 7 09/09/2016

CARP0006-013 05/01/2016

Rates Fringes

CARPENTER (Including Form Work)............................$ 45.94 57%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0454-009 05/01/2016

Rates Fringes

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

PAID HOLIDAYS:

New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided that the worker works any of the three days in the five-day work week preceding the holiday and the first work day after the holiday.

CARP0715-007 05/01/2016

Rates Fringes

Amendment No. 0002

Section 00 73 15 Page 10

Millwright.....................$ 46.05 56%

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

ELEC0351-013 09/29/2014

Rates Fringes

Electricians:

Cable splicer on lead cable.$ 46.51 72.54% + .65 Electrician and cable splicer.....................$ 44.51 75.35% + .65

ENGI0825-019 01/01/2016

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 47.70 29.80

GROUP 2.....................$ 46.05 29.80

GROUP 3.....................$ 43.91 29.80

GROUP 4.....................$ 42.41 29.80

GROUP 5.....................$ 40.69 29.80

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS:

New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided

1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1:

Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill);

Elevating Grader; Excavator; Front End Loader (5 cu. yd.

and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable)

GROUP 2:

Concrete Pumper; Grader/Blade (Finish); Hoist; Hydraulic Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom

Amendment No. 0002

Section 00 73 15 Page 11

GROUP 3:

Asphalt Spreader; Bulldozer; Compressor(2 or 3) (in Battery) (within 100 ft.); Crusher; Forklift; Front End Loader (1

cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic;

Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4:

Broom; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.); Roller, Grade; Pump

GROUP 5:

Oiler

IRON0350-006 07/01/2015

Rates Fringes

Ironworkers:

Reinforcing.................$ 45.77 28.75 Structural and Ornamental...$ 46.77 28.75

LABO0172-007 09/01/2012

Rates Fringes

Laborers:

Landsacpe Laborer, Power Tool Operator...............$ 33.20 22.40 Pipelayer...................$ 33.90 22.40

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is required to wear Level A, B or C personal protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site, where the worker is not required to wear Level A, B, or C personal protection: $1.00 per hour additional.

PAID HOLIDAYS:

New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided that the worker works three days for the same employer within a period of ten working days consisting of five working days before and five working days after the day upon which the holiday falls or is observed.

LABO0222-013 07/01/2012

Rates Fringes

LABORER

MASON TENDER:

Cement/Concrete.............$ 29.35 23.07

* PAIN0711-023 05/01/2016

Rates Fringes

Painters:

Work on bridges (Major

Amendment No. 0002

Section 00 73 15 Page 12

Bridges Designed for Commercial Navigation)......$ 52.38 26.05

* PAIN0711-024 05/01/2016

Rates Fringes

Painters:

New Construction Brush and roller...........$ 38.42 22.09 Repaint work, on projects on which no major alterations occur.

Brush and roller...........$ 28.74 18.47

PLAS0592-036 05/01/2016

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 40.02 31.77

PLUM0322-010 05/01/2016

Rates Fringes

PIPEFITTER.......................$ 44.42 36.34

TEAM0676-005 05/01/2015

Rates Fringes

Truck drivers:

Dump Truck Drivers; Pickup Truck.......................$ 32.20 23.485 Off the Road Truck;

Flatbed Truck...............$ 32.55 23.485

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous materials, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site, where personal protection A, B, C or D is NOT required:

$1.00 per hour additional.

SHIFT WORK:

An owner mandated irregular shift staring any time other than between 6:00 am and 8:00 am to receive $1.00 per hour, for each hour worked, in addition to the regular rate of pay.

PAID HOLIDAYS:

New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day (or the day after Thanksgiving, at the option of the contractor), Thanksgiving Day, the afternoon of the day before Christmas (Dec. 24) provided that the worker works in the morning, and Christmas Day, provided that the worker works or is available for work on at least two days in the week in which the holiday occurs.

BEREAVEMENT PAY:

Amendment No. 0002

Section 00 73 15 Page 13

In case of a death in the worker's immediate famiy (mother, father, wife, husband, children, brother, sister, current mother-in-law, current father-in-law, grandparents), the worker shall be allowed leave not to exceed three (3) days straight-time pay, provided that he or she shall receive no pay unless the day of death and the burial day falls on a regular work day, and not on days off, holidays, vacation, Saturdays or Sundays.

SUNJ2004-026 01/02/2009

Rates Fringes

LABORER: Common or General......$ 25.30 11.92

OPERATOR: Backhoe Loader Combo............................$ 31.28 20.79

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

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

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Amendment No. 0002

Section 00 73 15 Page 14

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

Branch of Construction Wage Determinations Wage and Hour Division

Amendment No. 0002

Section 00 73 15 Page 15

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

Washington, DC 20210

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

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

Washington, DC 20210

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

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

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

Washington, DC 20210

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

END OF GENERAL DECISION

Amendment No. 0002

Section 00 73 15 Page 16

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 SCOPE OF SECTION

County, New Jersey.

1.2 DESCRIPTION OF WORK

The Base Bid Contract work includes placement of approximately 735,000 cubic yards of beachfill material in Cape May, New Jersey: 431,000 cubic yards of beachfill material at Cape May Inlet to Lower Township; and 304,000 cubic yards of beachfill material at Lower Cape May Meadows / Cape May Point. Beachfill material will be required in the following areas as indicated on the Contract drawings:

BASE BID WORK:

Cape May Inlet to Lower Township Work: Area 1: 394,000 CY at Coast Guard - Sta. 0+00 to 30+00; and Area 2: 37,000 CY at Wilmington Avenue - Sta. 64+00 to 86+00.

Lower Cape May Meadows / Cape May Point Work: Area 3: 185,000 CY at the east end near the Cove - Sta. 1+00 to 20+00; Area 4: 77,000 CY near the first groin at CMP - Sta. 75+00 to 86+32; and Area 5: 42,000 CY in groin compartment 4 at CMP - Sta. 95+25 to 103+98.

DELETED

Pre-placement condition surveys as specified in Section 01 71 23 SURVEY REQUIREMENTS, to be completed by the Contractor, will determine the exact location of where beachfill material will be required within the project limits. Any beachfill material required in areas other than those shown on the drawings will be handled in accordance with Contract Clause: DIFFERING

SITE CONDITIONS.

The borrow area for beachfill material is located offshore of the beach, southeast of the project location, as shown on the drawings. Obtain all material for beachfill work performed under this contract from this approved borrow area. Beachfill material from any other source including trucking from upland sources will not be allowed under this contract.

Upon completion of the beachfill work, the Contractor shall obtain post-placement condition survey profiles as specified in Section 01 71 23

SURVEY REQUIREMENTS.

1.3 CONTRACTOR ACCESS

Access to the work site is available by land and water. Any materials required to establish or stabilize access point for vehicle use shall be approved by the COR and provided and removed by the Contractor. Any additional parking that the Contractor requires, outside the work limits, shall be coordinated directly with the appropriate local officials.

Document the original conditions of the access area and route by taking detailed photographs of those areas prior to starting work. See Section

SECTION 01 11 00 Page 1

01 32 33 CONSTRUCTION PHOTOGRAPHY for additional requirements.

Any damage to the roads due to truck traffic or other Contractor operations shall be repaired, subject to the Contracting Officer's approval, at no additional cost to the Government.

1.4 WORK HOURS

The Contractor may work 24 hours per day, 7 days per week, to complete the contract work. However, the Contractor shall be required to comply with local codes regarding noise at all times during the contract period. Equip land-based equipment with noise suppression equipment if so directed by the

COR.

1.5 CONTRACTOR'S WORK LIMIT

The Contractor's work limit is as shown on the Contract Drawings. The Contractor is prohibited from operating landward of the Contractor's work limit. Do not enter upon, affect, or damage, in any way, areas and structures outside that limit of work.

1.6 EXISTING WORK

In addition to "FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements":

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer.

1.7 EXISTING UTILITIES

The existing utility locations shown on the drawings are approximate and not complete. The Contractor is responsible for field verifying all existing utility locations, including those not shown on the drawings. For marking underground utility lines, call for free markouts a minimum of 3 work days before you dig at 800-272-1000.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 11 00 Page 2 directed by the OESS to enable material to be spread to a one thickness layer to allow for 100 percent inspection.

Upon inspection of the material by the OESS, dispose of all oversized material off-site.

3.2 VISUAL INSPECTION OF PIPELINE DISCHARGE END

Visual inspections, by the Contractor's personnel (who have been trained and approved by the OESS), shall be performed at all times while material is being placed on the beach. Perform visual inspections of the interior and exterior of the discharge-end screening device for the presence of MEC after each in-flow cycle for hopper dredging, and a minimum of once every 8 hours for hydraulic dredging. Temporarily stop hydraulic dredging to allow for these inspections. At the Contractor's option, in-flow of material for hydraulic dredging may be Y valved to an alternate discharge screening device to allow for inspection of the primary screening device to avoid stoppage of dredging. Perform visual inspections from outside the screening device during pumping of beachfill material.

Do not enter a screening device containing material until the screening device has been inspected and cleared by the OESS. Under no circumstances shall a screening device be emptied until inspected and cleared, unless the material is being relocated to a…